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121112 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 AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET DECEMBER 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. 5:00 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) The Council will meet in closed session to consider the appointment of an interim city manager pursuant to Government Code Section 54957. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of the real property commonly known as 27498 Enterprise Circle West, Temecula, California and identified as Assessor's Parcel Number 921-480-020 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Ruben Valloza dba Audio Evolution. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms of acquisition of the property. 3) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for completion of the acquisition of the real property commonly known as 27499 Commerce Center Drive, Temecula, California and identified as Assessor's Parcel Number 921-480-031 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula and Jim and Terri McGill dba Ranch Muffler. The City's negotiators are Greg Butler and Amer Attar. Under negotiation are the price and terms of acquisition of the property. 4) Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a defendant. The title of the litigation is Eastern Municipal Water District v. City of Temecula, Westside Business Center, et al. defendants, , Riverside County Superior Court Case No. RIC 1107937. 1 5) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to such matters, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City. 6) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) and (c) with respect to a matter of potential litigation and will discuss whether to initiate litigation against a certain defendants. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the Successor Agency to the Temecula Redevelopment Agency. 7) 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 Certified EIR for 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 8) 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 Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al.," Riverside County Superior Court No. RIC 1215119. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 12-07 Resolution: 12-81 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Chaparral High School Choir Invocation: Pastor Tiffany Baker of The Empowerment Center Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Pechanga Pu'eska Mountain Day Proclamation Certificate of Achievement presented to Great Oak Girls Cross Country State Champions 2 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. 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. 1 Declaration of Results of November 6, 2012 Municipal Election RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 6, 2012, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW ******************** "SWEARING IN CEREMONY AND PRESENTATION OF CERTIFICATE OF ELECTION" 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. 2 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 2.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 3 3 Action Minutes RECOMMENDATION: 3.1 Approve the action minutes of November 27, 2012. 4 List of Demands RECOMMENDATION: 4.1 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 5 City Treasurer's Report as of October 31, 2012 RECOMMENDATION: 5.1 Approve and file the City Treasurer's Report as of October 31, 2012. 6 Financial Statements for the Three Months Ended September 30, 2012 RECOMMENDATION: 6.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2012. 7 Union Bank Banking Services RECOMMENDATION: 7.1 Approve a five-year agreement of the City's contract for banking services with Union Bank, N.A.; 7.2 Authorize the Acting City Manager and City Attorney to execute all necessary agreements. 8 Approval of Fair Political Practices Form 806 Regarding the Appointment of City Council Members to Compensated Positions on Regional Boards RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS 4 9 Approval of Employment Agreement with Aaron Adams RECOMMENDATION: 9.1 Approve the Employment Agreement for Aaron Adams. 10 Acceptance of a Declaration of Dedication for "Public Service Use" within existing Jedediah Smith Road Right -of -Way RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION FOR "PUBLIC SERVICE USE" WITHIN EXISTING JEDEDIAH SMITH ROAD RIGHT-OF-WAY 11 Approval of Real Property Interest Purchase Agreement for acquisition of property from Metropolitan Water District for Western Bypass Bridge Project, PW06-04 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED REAL PROPERTY INTEREST PURCHASE AGREEMENT AND ENTRY PERMIT, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN CONNECTION WITH THE WESTERN BYPASS BRIDGE — PROJECT NUMBER PW06-04 11.2 Authorize the Acting City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions; 11.3 Authorize the Acting Chief Financial Officer to issue a warrant for the sum of $6,430 plus escrow fees for deposit with the Escrow Holder First American Title Insurance to complete the transaction. Escrow fees are estimated to not exceed $2,000. 5 12 Parcel Map 36439 (located on the north side of Temecula Parkway east of Margarita Road) RECOMMENDATION: 12.1 Approve Parcel Map 36439 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Monument Agreement and accept the Cash Deposit Agreement for Monumentation as security for this agreement. 13 Award of a Construction Contract for the Roripaugh Ranch Street Improvements Phase II, PW09-02 RECOMMENDATION: 13.1 Award the construction contract for Roripaugh Ranch Street Improvements Phase II, Project No. 09-02, to Hillcrest Contracting, Inc. in the amount of $6,167,947.35 for the base bid and $281,340 for Additive Bid No. 1 fora total contract amount of $6,449,287.35; 13.2 Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of $644,928 which is equal to 10% of the total contract amount; 13.3 Approve in substantially the form attached the Reimbursement Agreement with Rancho California Water District (RCWD) for improvements to their facilities (Additive Bid No. 1) to be completed as part of this project; 13.4 Authorize the Acting City Manager to approve the Reimbursement Agreement with RCWD for improvements to their facilities undertaken as part of this project; 13.5 Authorize payment of $322,464.37, which is equal to 5% of the cost of construction for the Multiple Species Habitat Conservation Plan (MHSCP). 14 Agreement for Geotechnical, Material Testing and Special Inspection for the Roripaugh Ranch Street Improvements, Phase II, PW09-02 RECOMMENDATION: 14.1 Approve an agreement with Leighton Consulting, Inc. to provide professional geotechnical, material testing and special inspection services associated with Roripaugh Ranch Street Improvements, Phase II, PW09-02, in the amount of $195,000; 14.2 Authorize the Acting City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $19,500, which is equal to 10% of the agreement amount. 6 15 Acceptance of Improvements and Notice of Completion for Citywide Concrete Repairs — Fiscal Year 2010-11, PVV11-03 RECOMMENDATION: 15.1 Accept the construction of the Citywide Concrete Repairs — Fiscal Year 2010-11, PW11-03, as complete; 15.2 Direct the City Clerk to file and record the Notice of Completion, and release the Performance Bond and the Labor and Materials Bond. 16 Approval of an Agreement for Purchase of Equipment — Theater Energy Efficient Lighting, PW12-18 RECOMMENDATION: 16.1 Approve an agreement for purchase of equipment with Sacramento Theatrical Lighting, Ltd. in the amount of $222,054.45. 17 Clarification of Resolution No. 12-08, Acceptance of Certain Public Streets within Parcel Map No. 28473 into the City -Maintained System (Via Industria between Roick Drive and Rio Nedo) 17.1 Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CLARIFYING AND CONFIRMING THE LIMITED SCOPE OF THE ACCEPTANCE OF CERTAIN PUBLIC STREETS INTO THE CITY - MAINTAINED SYSTEM (WITHIN PARCEL MAP NO. 28473) EFFECTUATED BY CITY OF TEMECULA RESOLUTION 12-08 ******************** 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 ******************** 7 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. 18 Action Minutes RECOMMENDATION: 18.1 Approve the action minutes of November 27, 2012. 19 Financial Statements for the Three Months Ended September 30, 2012 RECOMMENDATION: 19.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2012. 8 20 Acceptance of Landscape Bonds and Agreement for a Landscaped Median on De Portola Road RECOMMENDATION: 20.1 Accept the surety bonds and agreement from Universal Health Services of Rancho Springs, Inc. for a landscaped median located on De Portola Road. CSD BUSINESS 21 Appointment of President and Vice President of the Temecula Community Services District for Calendar Year 2013 RECOMMENDATION: 21.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2013, to preside until the end of Calendar Year 2013; 21.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2013, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2013. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, January 8, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 9 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. SARDA 12-01 Resolution: No. SARDA 12-16 CALL TO ORDER: Chairperson Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington SARDA PUBLIC COMMENTS A total of 15 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 Agency 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. SARDA 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 22 Action Minutes RECOMMENDATION: 22.1 Approve the action minutes of October 9, 2012. 23 Financial Statements for the Three Months Ended September 30, 2012 RECOMMENDATION: 23.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2012. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS 10 SARDA ADJOURNMENT Next regular meeting: Tuesday, January 8, 2013, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 11 TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 12 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 24 AB 1600 Financial Reports RECOMMENDATION: 24.1 Approve the AB 1600 Financial Reports for fiscal year ending June 30, 2012. CITY COUNCIL BUSINESS 25 Appointment of Mayor and Mayor Pro Tem for Calendar Year 2013 RECOMMENDATION: 25.1 Entertain motions from the City Council Members to appoint the Mayor, effective January 1, 2013, to preside until the end of Calendar Year 2013; 25.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2013, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2013. DEPARTMENTAL REPORTS 26 Public Works Department Monthly Report 27 City Council Travel/Conference Report - November 2012 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, January 8, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 13 NOTICE 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. 14 PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, Pu'eska Mountain represents the place of the Sacred Creation Area for all Luiseno Indian People; and WHEREAS, Pu'eskaMountain is the Luiseno Garden of Eden, Dome of the Rock, and the Wailing Wall altogether, and is the place of the union of "Sky -Father" and "Earth -Mother" where life on earth began; therefore holding profound cultural, historical and spiritual importance to all Luisefio Indian People for all time; and WHEREAS, Pu'eska Mountain was threatened to be permanently desecrated by Liberty Quarry, the most contentious land issue ever faced in Riverside County; and WHEREAS, the Liberty Quarry "story" is remembered as a collaborative and united effort by the Pechanga Band of Luisefio Indians, Save Our Southwest Hills, San Diego State University, the City of Temecula, tens of thousands of citizens, business owners, community stakeholders, and all who worked tirelessly to stop the useless destruction of an environmentally and culturally sensitive mountain; and WHEREAS, the proposed surface mine would have irreversibly ruined the Sacred Creation Area of the Luisefio Indian People; and WHEREAS, Pu'eskaMountain became asymbol to many communities of people enduring the seven year battle to protect it from a devastating and massive quarry; and WHEREAS, the Valley's clean air, health, and general welfare of its population were threatened; as were the streams and groundwater of Pu'eska Mountain, the beauty of its native habitat, oak trees, and weeping rocks of its cultural landscape; and Southern California's last free-flowing river to the ocean, the designated wildlife linkage between the inland and coastal mountain ranges, the Santa Margarita Ecological Reserve, the local economy, and the quality of life for the people in the Valley below it; and WHEREAS, Pu'eska Mountain strengthened and bonded its surrounding communities in a common cause worth protecting until the end; and WHEREAS, on November 15, 2012, Pu'eska was reunited with its original stewards to be preserved for future generations through a historic settlement agreement negotiated by the Pechanga Band of Luiseno Indians; and WHEREAS, the Pechanga Band of Luiseno Indians announced the end of Liberty Quarry, and as aresult, the crying rocks of Pu'eska wept with happiness as the winds blew strong and clean; and then all the people cried with profound gratitude; and WHEREAS, the power of Pu'eska Mountain protected itself, like it has since the creation of time for the Luiseno Indian People. NOW, THEREFORE, in heartfelt recognition, the City Council and the citizens of Temecula would like to profoundly thank the Pechanga Band of Luiseno Indians. In honor of the significant contributions of many, I, Chuck Washington, on behalf of the City Council of the City of Temecula, do hereby proclaim November 15, 2012, and every November 15th thereafter, to be "Pechanga Pu'eska Mountain Day" 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 December, 2012. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Certificate ofA The City Council of the City the outstanding ac Great Oak II Girls Cross We join with the citizens of the City of Temecula in c, team on their victory title as the CIF State Champic Time of 1:30:45. Their 2012 Season Victories a] Woodbridge Invitational Champions; Mt. SAC Gr Champions; Southwestern League Champions; and ( We are proud of Coach Doug Soles, his outstanding cc want to wish them great success in their very bright I• Item No. 1 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: December 11, 2012 SUBJECT: Declaration of Results of November 6, 2012 Municipal Election RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 6, 2012, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW BACKGROUND: The General Municipal Election, held on November 6, 2012, was conducted as provided for in City Council Resolution No. 12-38, adopted on May 22, 2012. The attached resolution recites the facts as to the canvass of the returns and certified final results. The attached resolution is prepared to formalize the process of declaring the results as provided by the Elections Code of the State of California. FISCAL IMPACT: To be determined, upon receipt of final billing from the County of Riverside, Registrar of Voters. A budget allocation in the amount of $90,000. has been set aside to defray these costs. ATTACHMENTS: Resolution No. 12- RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Section 1. A General Municipal Election was held and conducted in the City of Temecula, California, on Tuesday, November 6, 2012, as required by law; Section 2. Notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election offers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; Section 3. Pursuant to Resolution No. 12-38, adopted on May 22, 2012, the County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." Section 4. The City Council of the City of Temecula, does resolve, declare, determine and order as follows: A. That the whole number of ballots cast in the City, including vote by mail ballots, were 37,331. B. That the names of the persons voted for at the election for Member of the City Council are as follows: Walter Wilson Chuck Washington Jamie R. White Paul Jacobs Patrice Lynes Mike Naggar Section 5. That the number of votes given at each precinct and the number of votes given in the city to each of the persons above named for the offices for which the persons were candidates was as listed in Exhibit "A" attached. Section 6. The City Council does declare and determine that Chuck Washington and Mike Naggar were elected Members of the City Council for a full term. Resos 12- 1 Section 7. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person. Section 8. The City Clerk shall immediately make and deliver to each person so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribed to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. Section 9. 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 December, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Resos 12- 2 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 1 l tn day of December, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Resos 12- 3 Kari Vergii Registrar of Voters Susan Jones City of Temecula P.O. Box 9033 Temecula, CA 92589 Dear Ms. Jones: REGISTRAR OF VOTERS COUNTY OF RIVERSIDE November 26, 2012 Rebecca Spencer Assistant Registrar of Voters Enclosed is our certificate to the results of the canvass of election returns for your Consolidated Presidential General Election held on November 6, 2012. The Certificate of Election forms were given to you at the seminar in June. An invoice for services rendered will be mailed to you under a separate cover. Please let me know if I can be of any further assistance. Sincerely, ARI VERJIL egistrar of Vot6rs Enclosures 2724 Gateway Drive, Riverside, CA 92507-0918 • (951) 486-7200 • FAX (951) 486-7272 • TTY (951) 697-8966 www.voteinfo.net Kari Verjil Registrar of Voters REGISTRAR OF VOTERS COUNTY OF RIVERSIDE Rebecca Spencer Assistant Registrar of Voters CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) ) ss. County of Riverside ) I, KARI VERJIL, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on November 6, 2012, as part of the Consolidated Presidential General Election in the CITY OF TEMECULA and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office at said election, in said City, and in each precinct therein, and that the totals as shown for each candidate are full, true, and correct. Dated this 26th day of November 2012. RI VERJIL gistrar of Vote 2724 Gateway Drive, Riverside, CA 92507-0918 • (951) 486-7200 • FAX (951) 486-7272 • TTY (951) 697-8966 www.voteinfo.net 11/26112 4:36 PM November 6,2012 RIVERSIDE COUNTY Statement of Vote CONSOLIDATED PRESIDENTIAL ELECTION 310 of 830 100080 CITY COUNCIL MEMBER, CITY OF TEMECULA Registration Ballots Cast e- WALTER WILSON CHUCK WASHINGTON JAMIE R. WHITE PAUL JACOBS PATRICE LYNES MIKE NAGGAR 0 C 'c- i - 33001 33001 TEMECULA 599 42 701 1 11 6 5 8 6 33001 - Vote by Mail Reporting 599 370 61.77 24 169 57 46 67 145 33010 TEMECULA 4 0 000 0 0 0 0 0 0 33010 - Vote by Mail Reporting 4 3 7500 """'"Ink... Insufficient Turnout to Protect Voter Privacy **m"• 33011 TEMECULA 1227 476 3879 32, 181 64 46. 63 159 33011 - Vote by Mail Reporting 1227 483 39.36 32. 247 69 47. 77 209 33012 TEMECULA 1072 440 4104 39 191 51 32 61: 153 33012 - Vote by Mail Reporting 1072 444 41.42 46 243. 61 27 65 197 33016 TEMECULA 1841 700 35.02 54 306 110 74 117 272 33016 - Vote by Mail Reporting 1841 743 40.36 70 362. 108 78 121 316 33017 TEMECULA 627 248 39.23 11 93 37 24 42 80 33017 - Vote by Mail Reporting 627 193 30 78 19 83 22 22 31. 74 33023 TEMECULA 0 0 000 0, 0 0 0 0 0 33023 - Vote by Mail Reporting 0 0 0.00 0 0 0 0 0 0 33028 TEMECULA 1512 684 4524 51. 315 88 61 116 329 33026 - Vote by Mail Reporting 1512 531 35.12 37: 275 80 61 107 252 33027 TEMECULA 1829 625 34.17 59 296 76 47 88 264 33027 -Vote by Mail Reporting 1829 828 45.27 67 485 111 84 147 411 33028 TEMECULA 967 355 36 71 20. 183 43 24 56. 186 33028 - Vote by Mall Reporting 987 413 42.71 48 235 56 25 75 211 33029 TEMECULA 350 28 8.00 3. 14 5 1 7 11 33029- Vote by Mail Reporting 350 260 7429 27 144 31 18 63 133 33030 TEMECULA 1594 583 36 57 58 233 77 66 95 213 33030 - Vote by Mail Reporting 1594 583 36 57 47 319 81 40 100 249 33032 TEMECULA 1166 460 39.45 29 216 57 41 53 206 33032 - Vote by Mail Reporting 1186 449 38.51 35 250 74 39 74 224 33036 TEMECULA 1427 575 40.29 42 229 85 77 111 195 33036 - Volo by Mail Reporting 1427 480 33.64 23 257 65 59 93 212 33038 TEMECULA 1425 608 42.67 39 309 72 78 70 276 33038 - Vole by Matt Reporting 1425 530 37.82 33 310 59 65 73 292 33039 TEMECULA 1417 537 37.90 45 276 77 50 77 244 33039- Vole by Marl Reporting 1417 650 4567 40 414 70 48 102 364 33040 TEMECULA 1269 536. 42.24 29 270 63 34 70 274 33040 - Vote by Mail Reporting 1269 516 40.66 35 310 60 55 75 276 33045 TEMECULA 1450 563 38 83 26 203 91 68 89 230 33045- Vote by Mail Reporting 1450 500 34.48 33 242 78 49 91 224 33046 TEMECULA 1563 626 40.05 38 321 86 84 81 262 33045 - Vote by Mail Reporting 1563 645 41.33 55 354 107 68 116 336 33049 TEMECULA 1105 462 41.81 27 227 57 60 55 207 33049- Volo by Mail Reporting 1105 444 4016 29 270 60 63 61 237 33054 TEMECULA 1355 525 38 75 25 283 57 87 67 226 33054 - Vote by Marl Reporting 1355 597 44 06 36 356 64 100 62 317 33055 TEMECULA 841 297 3532 32 136 50 32 38 124 33055 - Vote by Mail Reporting 841 374 44.47 32 211 59 45 48 190 33056 TEMECULA 1027 447 43 52 29 191 58 55 56 196 33058 - Vote by Marl Reporting 1027 384 37 39 20 193 38 64 54 182 33058 TEMECULA 888 347 39 08 22 136 45 31 54 131 33058 - Vole by Mai! Reporting 888 330 37 16 20 143 50 32 65 160 33061 TEMECULA 1180 490 4224 22 243 68 49 78 200 33061 - Vote by Mail Reporting 1180 434 37 41 34 231 67 47 70 202 33063 TEMECULA 1519 718 4727 42 34.4 84 58 93 320 33063 - Vole by Mail Reporting 1519 548 36.08 35 300 78 45 71 261 33064 TEMECULA 849 357 4205 23 167 49 23 47 166 33064 - Vote by Mail Reporting 849 347 40 87 25 183 44 34 54 176 33065 TEMECULA 1290 499 38.68 23 208 61' 40, 59 2213 33065 - Vote by Mail Reporting 1290 535 41 47 36 271 65 52 101 253 33066 TEMECULA 1026 425 4142 36 207 55 32 45 17B 33066 - Vote by Mali Reporting 1026 389 37 91 22 226 62 22; 47 21B 33067 TEMECULA 1083 462 4266 20 217 65 33 49 204 33067 - Vote by Mei) Reporting 1083 474 43 77 32 255 64 38 57 258 33069 TEMECULA 1120 450 4018 35 186 67 45 73 196 11/26/12 4:36 PM November 6,2012 RIVERSIDE COUNTY Statement of Vote CONSOLIDATED PRESIDENTIAL ELECTION 311 of 830 100080 CITY COUNCIL MEMBER, CITY OF TEMECULA Registration Ballots Cast 0cc WALTER W1LSON CHUCK WASHINGTON JAMIE R. WHITE PAULJACOBS PATRICE LYNES MIKE NAGGAR N x- 33069- Vote by Mail Reporting 1120 389 34.73 27 224 49 46 66 216 33071 TEMECULA 1070 437 4064 20 176 65 40 62 180 33071 - Vote by Mail Reporting 1070 350 32.71 21 163 54 29 61 166 33073 TEMECULA 1063 403 37.91 23 156 66 28 84 141 33073 - Vote by Mail Reporting 1083 350 32.93 30 146 75 32 82 123 33075 TEMECULA 2170 78B 36 31 63 325 126 79 109 315 33075 - Vote by Mail Reporting 2170 866 39.91 70 470 119 84 114 405 33077 TEMECULA 1621 714 44.05 48 305 92 64 77 277 33077 • Vote by Mail Reporting 1621 586 3615 50 294 83 79 122 290 33079 TEMECULA 1774 751 42.33 54 344 115 88 107 308 33079 - Vote by Marl Reporting 1774 653 36.81 48 377 87 67 104 308 33082 TEMECULA 1216 537 44.16 23 232 76 39 67 220 33082 - Vote by Mail Reporting 1216 445 36.60 24 229 70 33 73 195 33083 TEMECULA 1095 393 35.69 41 178 72 33 53 153 33083 - Vole by Mail Reporting 1095 473 43.20 51 235 103 40 83 202 33085 TEMECULA 1188 479 40.32 27 186 80 42 70 172 33085 - Vote by Mail Reporting 1186 432 36.36 39 211 74 43 64 165 3309D TEMECULA 1574 648 41.17 42 270 88 57 95 266 33090 - Vole by Mali Reporting 1574 587 37.29 44 322 90 51 83 258 Precinct Totals 47373 16713 39.50 1263 8366 2587 1607 2640 7790 Vote by Mail Reporting Totals 47373 1E1616 39 30 1396 10011 2843 1877 3052 8939 Grand Totals 47373 37331 78.80 2659 18377 5230 3684 5682 16725 RIVERSIDE COUNTY 47373 37331 78.80 2659 18377 5230 3684 5692 16729 42nd Congressional District 9425 7449 79.03 623 3555 1014 571 1236 3257 50th Congressional District 37948 29882 78.74 2036 14722 4216 3013 4456 13472 2891 Sonatoriat District 47373 37331 78.80 2659 18377 5230 3684 5692 16729 7591 Assembly Dislrlct 47373 37331 78 80 2659 18377 5230 3864 5692 16729 St. 8d of Equalization Dist. 4 47373 37331 78 80 2659 18377 5230 3684 5692 16729 3rd SUPERVISORIAL DISTRICT 47373 37331 78.80 255 18377 5230 3684 5692 16729 City ofTemecuta 47373 37331 78 80 2859 18377 5230 3684 5692 16729 CONSENT CALENDAR Item No. 2 Item No. 3 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 27, 2012 — 7:00 PM 5:30 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The Council will meet in closed session to consider the dismissal of the City Manager Robert C. Johnson pursuant to Government Code Section 54957. 2) The Council will meet in closed session to consider the appointment of an acting city manager pursuant to Government Code Sections 54957 and 54957.6. 3) Conference with Legal Counsel—Potential Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to such matters, the City Attorney has determined that based on existing facts and circumstances a point has been reached where there is a significant exposure to litigation involving the City. 4) The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: Acting City Manager Aaron Adams; Special Labor Relations Counsel Peter Brown; City Attorney Peter Thorson, Director of Public Works Greg Butler, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 5) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the acquisition of the City of the YMCA building located at 29119 Margarita Road, Temecula 92591 on a portion of Margarita Park. The parties to the negotiations for the acquisition of this building are: YMCA of Riverside City and County and the City of Temecula. Negotiator for the YMCA of Riverside City and County is: CEO of Riverside YMCA. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Tamra Irwin. Under negotiation are the price and terms for the acquisition of the building. 6) 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 Certified EIR for the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. at, Granite Construction Co. et. at, real party in interest" Riverside County Superior Court No. RIC 1211312. Action Minutes 112712 1 7) 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 Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. aL," Riverside County Superior Court No. RIC 1215119. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 5:30 P.M., Mayor Washington called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Chuck Washington Prelude Music: Music Heritage Inc. Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Comcrchcro Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Andrew Louis Sprengelmeyer for attaining the rank of Eagle Scout Presentation of Painting Donation — Veterans of Temecula Valley by Bonnie Hartland PUBLIC COMMENTS The following individuals addressed the City Council: • Wayne Hall • Marelle Dorsey • David Madson CITY COUNCIL REPORTS Action Minutes 112712 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 2.1 Approve the action minutes of November 13, 2012 Special Meeting; 2.2 Approve the action minutes of November 13, 2012. 3 List of Demands - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 12-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Liability Insurance Renewal - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 4.1 Approve the insurance policy renewal for liability insurance and excess liability insurance with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut (Travelers), in the amount of $199,893, for the period of December 1, 2012 through December 1, 2013. Action Minutes 112712 3 5 Purchase of 25 Computer Workstations - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 5.1 Approve the purchase of 25 Hewlett Packard 8300 computer workstations in the amount of $17,964.37 with Cyber Computers, Inc., and authorize the Acting City Manager to approve the appropriate purchase agreement. 6 Agreement for Consultant Services for the Construction of Main Street Bridge Over Murrieta Creek (Replacement), PW03-05 - Approved Staff Recommendation (3-0-2, Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval, with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 6.1 Approve an agreement with Simon Wong Engineering (SWE) in the amount of $101,485 to provide bidding and construction support services for the Main Street Bridge Over Murrieta Creek (Replacement), PW03-05; 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $10,149 which is equal to 10% of the agreement amount. At 7:45 P.M., the City Council recessed and convened as the Temecula Community Services District. At 7:48 P.M., the City Council resumed with regular business. At 7:48 P.M., the City Council recessed to Closed Session to finish discussion of Closed Session items. At 8:20 P.M., the Council resumed with regular business. DEPARTMENTAL REPORTS 9 Development Services Department Monthly Report 10 Police Department Monthly Report 11 City Council Travel/Conference Report - October 2012 CITY MANAGER REPORT Action Minutes 112712 4 CITY ATTORNEY REPORT City Attorney Thorson reported that with respect to Item 1, the City Council voted to terminate Robert C. Johnson as City Manager and terminate his employment agreement. With regard to Item 2, the City Council appointed Aaron Adams as Acting City Manager. With Respect to Items 3 and 4, City Attorney Thorson advised there was nothing to report under the Brown Act. With respect to Item 5, City Council directed the City Attorney to prepare the necessary documents to declare the YMCA in default of the City's ground lease, based on their abandonment of the property. With respect to Items 6 and 7, the City Council gave the City Attorney direction to proceed with the motion for attorney's fees for the EIR certification and Fast Track litigation. ADJOURNMENT At 8:24 P.M., the City Council meeting was formally adjourned to Tuesday, December 11, 2012, at 5:00 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in Memory of Dylan Weinmann *** Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 112712 5 Item No. 4 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Senior Management Analyst DATE: December 11, 2012 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, 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 $2,109,250.42. 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 December, 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 December, 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 11/15/2012 TOTAL CHECK RUN $ 439,943.25 11/21/2012 TOTAL CHECK RUN 1,260,376.90 11/21/2012 TOTAL PAYROLL RUN: 408,930.27 TOTAL LIST OF DEMANDS FOR 12/11/2012 COUNCIL MEETING: $ 2,109,250.42 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 605,187.87 135 BUSINESS INCUBATOR RESOURCE 1,143.55 140 COMMUNITY DEV BLOCK GRANT 4,967.05 150 AB 2766 FUND 1,678.74 165 SARDA AFFORDABLE HOUSING 6,047.59 170 MEASURE A FUND 196,588.27 190 TEMECULA COMMUNITY SERVICES DISTRICT 133,631.00 192 TCSD SERVICE LEVEL B 77,281.84 194 TCSD SERVICE LEVEL D 1,749.16 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 8,747.05 197 TEMECULA LIBRARY FUND 11,507.13 210 CAPITAL IMPROVEMENT PROJECTS FUND 496,385.10 300 INSURANCE FUND 4,149.56 320 INFORMATION TECHNOLOGY 53,653.83 330 SUPPORT SERVICES 2,614.31 340 FACILITIES 21,810.80 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,327.70 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,417.74 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,872.67 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 201.84 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,335.49 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 739.02 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 565.24 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,585.56 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 53.21 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 265.07 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 456.08 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,237.39 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,193.96 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 434.76 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 482.08 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 840.15 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 53.43 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,704.95 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,481.62 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,726.11 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 14,539.08 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 168.05 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 455.12 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 8,435.73 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,715.05 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 54.60 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 301.66 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 13,409.65 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 124.29 $ 1,700,320.15 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 267,985.50 140 COMMUNITY DEV BLOCK GRANT 1,537.83 165 SARDA AFFORDABLE HOUSING 4,651.20 190 TEMECULA COMMUNITY SERVICES DISTRICT 91,413.22 192 TCSD SERVICE LEVEL B 231.57 194 TCSD SERVICE LEVEL D 2,729.29 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 440.23 197 TEMECULA LIBRARY FUND 933.10 300 INSURANCE FUND 1,375.51 320 INFORMATION TECHNOLOGY 21,398.84 330 SUPPORT SERVICES 3,975.50 340 FACILITIES 9,850.38 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 88.52 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 59.35 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 70.56 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.89 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 142.89 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 25.91 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 36.72 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 242.62 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.44 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.97 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.45 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 161.85 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 34.52 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.96 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 17.39 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 40.33 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.53 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 150.01 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 80.35 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 217.56 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 368.23 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.80 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.65 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 206.95 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 66.72 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.03 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.65 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 305.20 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4.05 408,930.27 TOTAL BY FUND: $ 2,109,250.42 apChkLst Final Check List Page: 1 11/15/2012 9:41:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 155209 11/15/2012 004973 ABACHERLI, LINDI TCSD instructor earnings 665.00 665.00 155210 11/15/2012 015031 ABOVE ALL NAMES Oct const: citywide concrete rpr 12,974.15 CONSTRUCTION Oct const: citywide concrete rpr 20,757.80 33,731.95 155211 11/15/2012 009374 ALLEGRO MUSICAL VENTURES piano tuning & maint: theater 445.00 445.00 155212 11/15/2012 008351 AMERICAN CANCER SOCIETY '12 Halloween Carnival booth fee 150.00 150.00 155213 11/15/2012 004240 AMERICAN FORENSIC NURSES Dec stand by fee: Police 1,248.00 (AFN) DUI & drug screenings: Police 635.70 1,883.70 155214 11/15/2012 004623 AQUA SOURCE INC pool chemicals: TES 1,534.90 1,534.90 155215 11/15/2012 004561 AUDIO EVOLUTION architectural svcs: audio evolution 2,800.00 2,800.00 155216 11/15/2012 004040 BIG FOOT GRAPHICS TCSD instructor earnings 630.00 entertainer: halloween carnival 300.00 930.00 155217 11/15/2012 014299 BOOKS ON TAPE (1) book on tape: Library 36.37 (1) book on tape: Library 32.33 68.70 155218 11/15/2012 015403 BRENES, JENNIFER refund:sec dep:picnic rental:RRSP 200.00 200.00 155219 11/15/2012 015411 BRM CONSTRUCTION tenant improvement: Faith Armory 17,805.46 17,805.46 155220 11/15/2012 003138 CAL MAT PW patch truck materials 493.93 PW patch truck materials 488.72 PW patch truck materials 526.64 1,509.29 155221 11/15/2012 004248 CALIF DEPT OF Sept fingerprinting svcs: PD/HR 3,352.00 3,352.00 J USTICE-ACCTING 155222 11/15/2012 014273 CALIFORNIA PROPERTY Sept relocation svc:murrcrk/overland 2,776.25 2,776.25 155223 11/15/2012 004228 CAMERON WELDING SUPPLY HELIUM TANK RENTAL: CRC 58.15 58.15 155224 11/15/2012 009640 CERTIFION CORPORATION Oct database subscr: police 150.00 150.00 155225 11/15/2012 005708 CLEAR CHANNEL advertising: Quilt Show '12 51.00 51.00 BROADCASTING INC Pagel apChkLst 11/15/2012 9:41:23AM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155226 11/15/2012 013286 CONNEXON TELECOM INC 155227 11/15/2012 014521 COSTAR GROUP INFORMATION, INC 155228 11/15/2012 001264 COSTCO WHOLESALE 155229 11/15/2012 007057 DERNBACH, ESTHER MARIE 155230 11/15/2012 004192 DOWNS COMMERCIAL FUELING INC 155231 11/15/2012 002390 EASTERN MUNICIPAL WATER DIST 155232 11/15/2012 014419 ELLIOTT, MICHAEL G. 155233 11/15/2012 003665 EXCEL COMMERCIAL 155234 11/15/2012 001056 EXCEL LANDSCAPE 155235 11/15/2012 015330 FAIR HOUSING COUNCIL 155236 11/15/2012 003347 FIRST BANKCARD CENTER 000175 GOVERNMENT FINANCE OFFICERS 015409 UC BERKELEY CALIF PUBLIC 008885 MIRAMONTE RESORT & SPA 006952 PAYPAL 011368 MCGRAW-HILL COMPANIES, THE 155237 11/15/2012 013552 GANDS PRODUCTIONS LLC 155238 11/15/2012 007078 GIRL SCOUTS OF SAN GORGONIO (Continued) Description Oct Enterprise 911 Svc:IT Nov web subscr: eco dev refreshments: tve2 inaugural event misc supplies: bkfast w/santa TCSD instructor earnings Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: Code Enf/Pln Fuel for City vehicles: PW Id/cip/npdes Fuel for City vehicles: Police Fuel for City vehicles: PW Maint Amount Paid Check Total Oct water meter:32131 S Loop Rd LDSC OCT LANDSCAPE INSP:RORIPAUGH RCH Oct long distance phone svcs landscape maint: civic ctr CDBG sub -recipient: fair housing GW AOB application fee GW reference material: HR GW htl: indian wells conf SB&O 10/9 GW Verisign Payflow Pro Transaction GW online subscr: enr.com Graciano, R sttlmnt: Country at the Merc 11/3 '12 Halloween Carnival booth fee 250.00 363.66 370.37 227.67 967.58 756.53 158.24 579.06 466.74 89.48 2,350.94 175.38 1,750.00 54.72 576.00 765.63 550.00 21.55 231.88 59.95 9.95 849.75 250.00 363.66 598.04 967.58 4,400.99 175.38 1,750.00 54.72 576.00 765.63 873.33 849.75 150.00 150.00 Page:2 apChkLst Final Check List Page: 3 11/15/2012 9:41:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155239 11/15/2012 009608 GOLDEN VALLEY MUSIC sttlmnt: Silver & Gold 11/3 1,211.37 1,211.37 SOCIETY 155240 11/15/2012 005311 H2O CERTIFIED POOL WATER Oct fountain svc: civic ctr 500.00 SPCL. Oct fountain svcs: town square 175.00 Oct maint svcs: crcltes pools 900.00 1,575.00 155241 11/15/2012 015404 HARDS, SUSAN refund:sec dep:rm rental:Harveston 200.00 200.00 155242 11/15/2012 015405 HERRERA, KENDRA refund:credit:picnic rental:Temeku hills 43.00 43.00 155243 11/15/2012 011049 HOSPICE OF THE VALLEY '12 Halloween Carnival booth fee 150.00 150.00 155244 11/15/2012 011228 INLAND PLANNING AND SEPT CNSLT SVCS: JEFFERSON 2,600.00 2,600.00 DESIGN INC CORRIDOR 155245 11/15/2012 015295 J & A FLOORING, INC. flooring installation: TVE2 32,100.00 32,100.00 155246 11/15/2012 012295 JAMESON MANAGEMENT INC bay door repair: Stn 92 314.16 314.16 155247 11/15/2012 013869 JOB'S DAUGHTERS, '12 Halloween Carnival booth fee 150.00 150.00 TEMECULA 155248 11/15/2012 015358 KELLY PAPER COMPANY, INC. misc supplies: central svcs 263.82 263.82 155249 11/15/2012 012065 LANCE, SOLL & LUNGHARD '12 State Controller Report 1,750.00 1,750.00 LLC 155250 11/15/2012 004412 LEANDER, KERRY D. TCSD instructor earnings 346.50 TCSD instructor earnings 420.00 TCSD instructor earnings 409.50 1,176.00 155251 11/15/2012 015402 LODHY, KHALID Claim No. 12-782 675.00 675.00 155252 11/15/2012 008610 M C R STAMPS DJ srvcs:high hopes pgrm 11/2 25.00 25.00 155253 11/15/2012 014392 MC COLLOUGH, JILL DENISE Oct interior plant lease:civic center 525.00 Oct interior plant lease:library 200.00 725.00 155254 11/15/2012 015406 MCFADDEN, SHEENA refund:sec dep:rm rental:CRC 200.00 200.00 155255 11/15/2012 015407 MCLAUGHLIN, JIM refund:sec dep:rm rental:Conf Ctr AB 150.00 150.00 Page:3 apChkLst 11/15/2012 9:41:23AM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155256 11/15/2012 009541 MEYER AND ASSOCIATES (Continued) Description Oct dsgn srvcs:theater remediation 155257 11/15/2012 005690 MICHELLE'S PLACE WOMENS Halloween Carnival Booth 10/26 BREAST 155258 11/15/2012 015410 MISS MIRA LOMA PAGENT, INC. 155259 11/15/2012 015413 MURRIETA MESA HIGH SCHOOL 155260 11/15/2012 015122 NI GOVERNMENT SERVICES, INC. 155261 11/15/2012 010167 ODYSSEY POWER CORPORATION 155262 11/15/2012 003964 OFFICE DEPOT BUSINESS SVS DIV 155263 11/15/2012 002105 OLD TOWN TIRE & SERVICE 155264 11/15/2012 002105 OLD TOWN TIRE & SERVICE 155265 11/15/2012 013127 ON STAGE MUSICALS 155266 11/15/2012 010958 PIPS TECHNOLOGY INC 155267 11/15/2012 012904 PRO ACTIVE FIRE DESIGN 155268 11/15/2012 005075 PRUDENTIAL OVERALL SUPPLY Halloween Carnival Booth 10/26 Halloween Carnival Booth 10/26 Oct sattelite phone service: Fire/EOC 11/1/12-10/31/13 equip maint:Iibrary 11/1/12-10/31/13 equip maint:civic cntr Misc office supplies:pw depts MISC OFFICE SUPPLIES:ACCT/PUR' Misc office supplies:pw depts CITY VEHICLE MAINT SVCS:TCSD City Vehicle Maint Svcs: Bldg & Safety Swing Time Settlement:Theater 11/4 GPS Module: ALPR Police Oct plan check consultant: Prevention Oct uniform/twl rental/fir mats:Cty fac OCT UNIFORM/FLR MATS/TWL REN 155269 11/15/2012 010281 RAINBOW RACING SYSTEM Race bibs:FIT pgrm 5k/10k run INC Amount Paid Check Total 15,480.00 150.00 150.00 150.00 151.01 2,282.75 4,738.00 447.12 116.11 22.72 699.51 288.97 4,660.00 332.87 4,883.96 942.36 594.68 238.33 15,480.00 150.00 150.00 150.00 151.01 7,020.75 585.95 699.51 288.97 4,660.00 332.87 4,883.96 1,537.04 238.33 Page:4 apChkLst 11/15/2012 9:41:23AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155270 11/15/2012 000262 RANCHO CALIF WATER DISTRICT 155271 11/15/2012 009725 RAZAVI, MANDIS 155272 11/15/2012 000271 RBF CONSULTING 155273 11/15/2012 015408 REST & RELAX 155274 11/15/2012 003698 RIVERSIDE CO ECONOMIC 155275 11/15/2012 010777 RIVERSIDE CO EXECUTIVE OFFICE 155276 11/15/2012 002226 RUSSO, MARY ANNE 155277 11/15/2012 014522 S & S SEEDS, INC 155278 11/15/2012 009213 SHERRY BERRY MUSIC 155279 11/15/2012 000537 SO CALIF EDISON (Continued) Description Oct var water meters:TCSD & PW Oct var water meters:PW Oct var water meters:PW Oct var water meters:TCSD-Fac Oct var water meters:TCSD svc lev C Oct var water meters:Fire Stns Oct water meter-comm:28640 Pujol St Oct var water meters:PW TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Sep dsgn srvcs:piay structure/Marg Prk Sep prof srvcs:tennis ct lighting gohs refund:sec dep:rm rental:Conf Ctr A/B 6/1-10/31 Real property srvcs:f.vly pkwy Oct -Nov animal shelter pmt TCSD Instructor Earnings Mitigation site seed collection:f.v.pkwy Jazz a@ the Merc 11/1, 11/8 & 11/9 Oct 2-30-608-9384:28582 Harveston Oct 2-30-066-2889:30051 Rancho vistE Oct 2-25-350-5119:45602 Redhawk pk Oct 2-29-657-2563:42902 Butterfield Oct 2-05-791-8807:31587 Tem pkwy L• Oct 2-29-479-2981:31454 Tem pkwy T Oct 2-29-974-7899:26953 Ynez LS3 Oct 2-31-419-2659:26706 Ynez TC1 Oct 2-01-202-7603:var LS -1 Allnite Oct 2-29-223-9571:30395 Murr hot spri Oct 2-01-202-7330:var LS -1 Allnite Oct 2-20-798-3248:42081 Main St Oct 2-02-351-5281:30875 Rancho vistE Oct 2-10-331-2153:28816 Pujol St Nov 2-33-777-1950:40135 Village rd Amount Paid Check Total 1,364.38 162.77 1,220.55 4,295.56 40,269.80 747.47 10.05 205.93 705.60 392.00 313.60 7,471.00 9,258.50 150.00 8,297.52 23,200.26 535.50 3,258.39 640.50 544.59 24.15 24.93 195.81 8,969.06 86.40 153.84 52.59 28,243.07 68.31 77,130.76 1,329.40 4,150.87 847.70 496.76 48,276.51 1,411.20 16,729.50 150.00 8,297.52 23,200.26 535.50 3,258.39 640.50 122, 318.24 Page:5 apChkLst Final Check List Page: 6 11/15/2012 9:41:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155280 11/15/2012 014783 SOFTRESOURCES, LLC Oct consultant srvcs:new permit sys 19,825.64 19,825.64 155281 11/15/2012 012652 SOUTHERN CALIFORNIA Nov gen usage:0141,0839,2593,9306 492.24 492.24 155282 11/15/2012 006559 SOUTHWESTERN RIVERSIDE refund:sec dep:rm rental:CRC 152.00 152.00 COUNTY 155283 11/15/2012 001505 STEFFEN, SUE reimb:supplies for council mtgs 187.57 187.57 155284 11/15/2012 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 589.00 589.00 155285 11/15/2012 003599 T Y LIN INTERNATIONAL Sep dsgn srvcs:western bypass bridge 26.07 26.07 155286 11/15/2012 015412 TEMECULA MOUNTAIN LIONS Halloween Carnival Booth 10/26 150.00 150.00 YOUTH 155287 11/15/2012 008298 TEMECULA VLY MOTHERS Halloween Carnival Booth 10/26 150.00 150.00 MULTIPLES 155288 11/15/2012 010558 TRADE IN.COM INC Office furniture:TVE2 10,963.99 Interior design srvcs:bus. incubator 155289 11/15/2012 007766 UNDERGROUND SERVICE Oct undrgrnd svcs alert tickets:PW ALERT 155290 11/15/2012 004794 VALLEY WINDS COMMUNITY Autumn Serenade settlement:Theater 11/7 155291 11/15/2012 004261 VERIZON Novxxx-6540 gen usage:Roripaugh FS 155292 11/15/2012 004789 VERIZON Oct Internet svc:SW DSL:PD:Jones, C. 155293 11/15/2012 003730 WEST COAST ARBORISTS INC tree trim & removal: meadowview slope 155294 11/15/2012 009965 WEST, DALE 155295 11/15/2012 009512 WURMS JANITORIAL SERVICES, INC 155296 11/15/2012 000348 ZIGLER, GAIL 975.00 11,938.99 265.50 265.50 333.61 333.61 87.33 87.33 39.95 39.95 414.00 414.00 ee computer loan prgm 654.40 654.40 Nov janitorial srvcs:city facilities 18,999.51 18,999.51 Reimb:Brkfst w/Santa supplies 172.08 Reimb:Veteran's Day ceremony supplih 406.52 578.60 Page:6 apChkLst Final Check List Page: 7 11/15/2012 9:41:23AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999233 11/09/2012 015395 CASEY, JOANN refund:First aid 8300.203 40.00 40.00 999234 11/09/2012 015396 FRANKLAND, JOY refund:TVUSD CPR/AED course 50.00 50.00 8355.202 999235 11/09/2012 015397 HARRIS, ANDREA refund:Tiny tots 1040.205 48.00 48.00 999236 11/09/2012 015398 INGLEE, JAY refund:Music for young children 75.00 75.00 999237 11/09/2012 015399 MCDONALD'S refund:sec dep:rm rental:TCC 200.00 200.00 999238 11/09/2012 015400 MECHAM, MISTY refund:sec dep:rm rental:Harveston 200.00 200.00 999239 11/09/2012 015401 YIM, ANDREA refund:Soccer skills 2203.202 105.00 105.00 Grand total for UNION BANK OF CALIFORNIA: 439,943.25 Page:7 apChkLst Final Check List Page: 8 11/15/2012 9:41:23AM CITY OF TEMECULA 95 checks in this report. Grand Total All Checks: 439,943.25 Page:8 apChkLst Final Check List Page: 1 11/21/2012 11:05:09AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2045 11/21/2012 010349 CALIF DEPT OF CHILD SUPPORT 2046 11/21/2012 000194 IC MA RETIREMENT -PLAN 303355 2047 11/21/2012 000444 INSTATAX (EDD) 2048 11/21/2012 000283 INSTATAX (IRS) 2049 11/21/2012 000389 NATIONWIDE RETIREMENT SOLUTION 2050 11/21/2012 001065 NATIONWIDE RETIREMENT SOLUTION 2051 11/21/2012 000246 PERS (EMPLOYEES' RETIREMENT) 155297 11/20/2012 002185 POSTMASTER 155298 11/21/2012 005037 AMERICAN ASPHALT SOUTH INC 155299 11/21/2012 014235 AND ALL THAT JAZZ 155300 11/21/2012 013976 ARTIGIANO CONSTRUCTION INC. 155301 11/21/2012 009182 BATTEN, DARLENE 155302 11/21/2012 003984 BENOIT, VINCENT H. 155303 11/21/2012 004040 BIG FOOT GRAPHICS 155304 11/21/2012 006536 BOLOWICH, HANS 155305 11/21/2012 008605 BONTERRA CONSULTING Description Amount Paid Check Total Support Payment ICMA Retirement Trust 457 Payment State Disability Ins Payment Federal Income Taxes Payment OBRA- Project Retirement Payment Nationwide Retirement Payment PERS ER Paid Member Contr Payment Postage:TCSD W/S recreation guide Jul const: slurry seal 1,222.49 8,444.20 22,587.93 80,182.23 3,063.82 11,091.28 1,222.49 8,444.20 22,587.93 80,182.23 3,063.82 11,091.28 142,857.63 142,857.63 7,009.56 7,009.56 134,466.41 134,46641 TCSD Instructor Eamings 196.00 TCSD Instructor Eamings 274.40 TCSD Instructor Eamings 235.20 TCSD Instructor Eamings 117.60 823.20 refund: eng grad dep LD06-199GR 995.00 995.00 refund: security dep CRC 150.00 150.00 credit:State of CA case 880752292 -262.50 entertainment: W nterfest 11/23-25 1,050.00 787.50 TCSD instructor earnings 577.50 TCSD instructor earnings 140.00 717.50 reimb: supplies CERT tm 11/2-4 87.17 87.17 9/14-10/12 CNSLT: RRSP DESILTING BASIN Sept enviro mitigation:fr vlly intchg Oct enviro mitigation:fr vlly interchg 5,324.63 9,160.50 13,094.00 27,579.13 Pagel apChkLst Final Check List Page: 2 11/21/2012 11:05:09AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155306 11/21/2012 014329 BOOK WHOLESALERS, INC Description Amount Paid Check Total (15) books: library (1) book: library (5) books: library (24) books: library (9) books: library (95) books: library (5) books: library (7) books: library (5) books: library (5) books: library (3) books: library (1) books: library (7) books: library (70) books: library (1) book: library (1) book: library (3) books: library (3) books: library (9) books: library (18) books: library (27) books: library 155307 11/21/2012 015427 BOY SCOUTS OF AMERICA refund: regist santa's light parade PACK 337 155308 11/21/2012 001035 C R & R INC 155309 11/21/2012 004566 CALIF DEPT -TOXIC SUB CONTROL 155310 11/21/2012 014512 CALIFORNIA VIRTUAL 155311 11/21/2012 014726 CHAPTER 13 STANDING TRUSTEE 155312 11/21/2012 004405 COMMUNITY HEALTH CHARITIES 155313 11/21/2012 013379 COUSSOU, CELINE 195.62 17.12 91.12 509.93 154.07 1,056.69 89.33 142.59 63.80 62.44 66.58 12.59 108.45 1,272.03 18.51 14.53 41.89 90.52 142.34 320.03 528.29 4,998.47 25.00 25.00 trash hauling svcs: pwcip 256.74 trash hauling svcs: pwcip 256.74 513.48 EPA CAL000375343: Roripaugh Fire 200.00 200.00 refund: security dep TCC 200.00 200.00 SUPPORT PMT 182.77 182.77 Community Health Charities Payment 44.00 44.00 TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 155314 11/21/2012 015428 DE LA ROSA, ARNOLDO refund: security dep/rent CRC 155315 11/21/2012 004192 DOWNS COMMERCIAL FUELING INC Fuel for City vehicles: B&S Fuel for City vehicles: parks/tcsd 67.20 168.00 98.00 333.20 579.10 579.10 365.53 2,742.65 3,108.18 Page2 apChkLst Final Check List Page: 3 11/21/2012 11:05:09AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155317 11/21/2012 001056 EXCEL LANDSCAPE 155318 11/21/2012 015330 FAIR HOUSING COUNCIL Description Amount Paid Check Total irrigation repairs: wolf creek irrigation repairs: pala park irrigation repairs: duck pond irrigation repairs: harveston park irrigation repairs: sports park irrigation repairs: harveston park irrigation repairs: vail ranch slope Idscp imprvmts: redhawk dog park irrigation repairs: villages slope irrigation repairs: wolf creek slope Oct landscape maint: sports parks Oct landscape maint: parks Oct landscape maint: medians Oct landscape maint: margarita Oct landscape maint: north slopes Oct landscape maint: south slopes Oct landscape maint: city facilities CDBG sub-recipient:fair housing svcs CDBG sub-recipient:fair housing svcs CDBG sub-recipient:fair housing svcs 155319 11/21/2012 015426 FLORES, JOSUE refund: security dep harveston 432.46 278.53 266.84 121.46 258.77 167.49 200.06 460.00 285.46 414.21 47,825.10 50,935.88 16,469.70 600.00 19,749.97 34,844.87 9,443.13 853.69 856.62 1,180.90 200.00 182,753.93 2,891.21 200.00 155320 11/21/2012 011145 FOSTER, JILL C. TCSD instructor earnings 2,122.75 TCSD instructor earnings 1,925.24 TCSD instructor earnings 1,501.50 5,549.49 155321 11/21/2012 004074 FRANCHISE MGMT SERVICES misc supplies: high hopes pgrm 112.85 112.85 INC 155322 11/21/2012 002982 FRANCHISE TAX BOARD SUPPORT PMT 530.80 530.80 155323 11/21/2012 002982 FRANCHISE TAX BOARD SUPPORT PMT 270.04 270.04 155324 11/21/2012 002982 FRANCHISE TAX BOARD withholding: case#880752292 262.50 262.50 155325 11/21/2012 002982 FRANCHISE TAX BOARD SUPPORT PMT 119.09 119.09 155326 11/21/2012 000795 FRED PRYOR regist: 133607 Polizzi, Jackie 12/6-7 299.00 299.00 SEMINARS -CAR EERTRAC 155327 11/21/2012 000795 FRED PRYOR regist: 133612 Wiechec, Matt 12/17 99.00 99.00 SEMINARS -CAR EERTRAC Pages apChkLst Final Check List Page: 4 11/21/2012 11:05:09AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155328 11/21/2012 000177 GLENNIES OFFICE PRODUCTS INC Description Amount Paid Check Total (15) hp Ij p400 printers: info tech 4,444.04 Office Supplies: Info Tech Office Supplies: Fire Office Supplies: Info Tech Office Supplies: City Clerk Office Supplies: Records OFFICE SUPPLIES: B&S Office supplies: PW Office Supplies: TVE2 Office Supplies: CRC/Aquatics Office Supplies: Incubator OFFICE SUPPLIES: ACCTG/SB&O 155329 11/21/2012 015430 GONZALES, SARAH JO Sept -Oct '12 High Hopes dance inst 155330 11/21/2012 014402 GROEPPER, BROOKE ELIZABETH 155.68 401.19 2,159.53 65.87 94.80 96.63 61.90 291.44 344.67 252.01 513.92 8,881.68 345.00 345.00 TCSD instructor earnings 2,238.60 TCSD instructor earnings 1,255.80 TCSD instructor earnings 155331 11/21/2012 008081 HALL & FOREMAN INC Oct cnslt svcs: citywide pave rehab 155332 11/21/2012 000186 HANKS HARDWARE INC 155333 11/21/2012 004188 HARRIS & ASSOCIATES Hardware supplies: B&S Hardware supplies: PW Traffic Hardware supplies: Library Hardware supplies: parking garage Hardware supplies: Parks Hardware supplies: Parks Hardware supplies: PW Maint Hardware supplies: Theater Hardware supplies: CRC Hardware supplies: MPSC Hardware supplies: TV Museum Hardware supplies: Civic Ctr/tve2 Hardware supplies: Maint Facility Hardware supplies: Civic Ctr Hardware supplies: Ch Museum Hardware supplies: Fire Hardware supplies: Info Tech 3,448.90 6,943.30 17,365.05 17,365.05 4.72 304.48 233.07 65.65 1,512.81 130.54 969.92 180.07 66.63 49.53 71.60 774.22 17.75 58.68 54.70 84.64 79.84 Oct const traffic control: paving 517.50 Oct const mgmt: french vlly intchg 155334 11/21/2012 002701 HUB INT'L INSURANCE Oct '12 special events premiums SERVCS INC 4,658.85 176,363.25 176,880.75 2,709.70 2,709.70 Page4 apChkLst Final Check List Page: 5 11/21/2012 11:05:09AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155335 11/21/2012 006924 INTL MUNICIPAL SIGNAL ASSOC. 155336 11/21/2012 001186 IRWIN, JOHN 155337 11/21/2012 014692 JOHNSON, BARBARA KATHLEEN Description Amount Paid Check Total 12/13 mb: Beardshear/Uribe TCSD instructor earnings TCSD Instructor Eamings TCSD Instructor Eamings 155338 11/21/2012 007188 LAERDAL MEDICAL CORP. CPR program supplies: Paramedics 155339 11/21/2012 005569 LEARNING FOR LIFE 3/13-2/14 mb: Explorer Post pgrm 155340 11/21/2012 004813 M & J PAUL ENTERPRISES INC Entertainment:var.csd events 155341 11/21/2012 003782 MAIN STREET SIGNS misc street signs: pw street maint 155342 11/21/2012 014767 MARKETING POWER, INC. retrofit motion sensor lights:var 155343 11/21/2012 014431 MARTLAND, BETTE B TCSD Instructor Eamings 155344 11/21/2012 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equip:pw traffic 155345 11/21/2012 015425 MCCORMICK, CONNIE Refund:sec deposit/room rental-crc 155346 11/21/2012 006571 MELODY'S AD WORKS INC. Reimbursables:old town promotions 155347 11/21/2012 007669 MILES, KATRINA TCSD Instructor Eamings 155348 11/21/2012 012264 MIRANDA, JULIO C. TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 155349 11/21/2012 013699 NAT'L ASSN OF EMS PHYSICIANS 155350 11/21/2012 015164 NATURES IMAGE, INC 155351 11/21/2012 015429 NGUYEN, YEN '13 membership dues:H.Bolowich Enviro mitigation:FVP Overcrossing Refund: Senior Excursion 12/5 160.00 160.00 166.60 166.60 403.20 235.20 2,126.57 638.40 2,126.57 400.00 400.00 4,130.00 4,130.00 404.06 404.06 8,591.63 8,591.63 343.00 343.00 1,346.88 1,346.88 537.10 537.10 114.29 114.29 168.00 168.00 1,008.00 1,260.00 798.00 3,066.00 160.00 160.00 130,286.31 130,286.31 20.00 20.00 Pages apChkLst Final Check List Page: 6 11/21/2012 11:05:09AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 155352 11/21/2012 006140 NORTH JEFFERSON BUSINESS PARK 155353 11/21/2012 003964 OFFICE DEPOT BUSINESS SVS DIV 155354 11/21/2012 002105 OLD TOWN TIRE & SERVICE 155355 11/21/2012 013198 ORTENZO-HAYES, KRISTINE Description Amount Paid Check Total JAN -MAR ASSN DUES #20:F. VLY INTRCHG JAN -MAR ASSN DUES #17:F.VLY INTRCF JAN -MAR ASSN DUES #16:F. VLY INTRCI 676.82 498.15 536.01 1,710.98 Printing services:planning 303.29 Printing services:tcsd commission 72.58 Misc office supplies:tcc 12.71 388.58 City Vehicle Maint Svcs:TCSD 74.95 City Vehicle Maint Svcs:TCSD TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 36.27 111.22 638.40 285.60 319.20 638.40 672.00 378.00 336.00 3,267.60 155356 11/21/2012 002800 PACIFIC STRIPING INC restripe roadways: citywide 2,456.64 restripe roadways: citywide 160,399.68 162,856.32 155357 11/21/2012 003663 PECHANGA BAND OF LUISENO Oct tribal monitoring:F.V.Pkwy/I-15 7,051.50 7,051.50 155358 11/21/2012 013418 PENWORTHY COMPANY, THE Books:library 991.53 991.53 155359 11/21/2012 000249 PETTY CASH Petty Cash Reimbursement 575.39 575.39 155360 11/21/2012 001999 PITNEY BOWES 12/16-3/15 postage for meter: Sta 84 92.93 92.93 155361 11/21/2012 000254 PRESS ENTERPRISE Oct advertising:Halloween Carnival 495.00 495.00 COMPANY INC 155362 11/21/2012 003697 PROJECT DESIGN 9/3-10/7 dsgn srvcs:Murr Creek Bridge 1,358.40 1,358.40 CONSULTANTS 155363 11/21/2012 000262 RANCHO CALIF WATER Oct 01-00-13500-1 Butterfield Stage 36.45 DISTRICT Oct 01-06-86115-1 Pujol St 20.09 Oct 01-00-20007-1 Wolf Creek Dr 325.69 382.23 155364 11/21/2012 000947 RANCHO REPROGRAPHICS Reproduction services:TCC 14.55 14.55 155365 11/21/2012 000271 RBF CONSULTING Sep enviro mitigation:Pechanga Pkwy 10,396.00 10,396.00 Pages apChkLst Final Check List 11/21/2012 11:05:09AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 155366 11/21/2012 015241 RECCHIA, KRISTINE 155367 11/21/2012 003591 RENES COMMERCIAL MANAGEMENT 155368 11/21/2012 000406 RIVERSIDE CO SHERIFFS DEPT 155369 11/21/2012 004822 RIVERSIDE TRANSIT AGENCY 155370 11/21/2012 012839 SCHOOL OUTFITTERS LLC 155371 11/21/2012 011511 SCUBA CENTER TEMECULA 155372 11/21/2012 009746 SIGNS BYTOMORROW 155373 11/21/2012 009895 SILVERMAN, PHYLLIS 155374 11/21/2012 000645 SMART& FINAL INC 155375 11/21/2012 000537 SO CALIF EDISON 155376 11/21/2012 001212 SO CALIF GAS COMPANY 155377 11/21/2012 002503 SOUTH COAST AIR QUALITY 155378 11/21/2012 000519 SOUTH COUNTY PEST CONTROL INC (Continued) Description Amount Paid Check Total Oct HR consulting services weed abatement: var city channels Help Ride 2012 patrol srvcs 10/27 Race for the Cure '12 patrol srvcs 10/21 Oct trolley services payment Portable partition waII:TVE2 TCSD Instructor Eamings Public ntc posting xx-0169:planning Public ntc posting xx-0109:planning Public ntc posting xx-0017:planning Public ntc posting xx-0033:planning Public ntc posting xx-0192:planning Refund: Senior Excursion 12/4 Misc supplies:mpsc pgrms Misc supplies:special needs thanksgiving Oct 2-26-887-0789 var meters Oct 2-27-560-0625 32380 Deerhollow Oct 2-33-237-4818 30499 Rancho Calif Oct 2-29-974-7568 Ynez Rd Oct 2-00-397-5059 var meters Oct 2-31-693-9784 var meters Nov 015 575 0195 2 Stn 92 Oct 055 475 6169 5 PBSP FY 12/13 emissions fees: foc FY 12/13 operating fees: foc pest control srvcs: fire stn 84 pest control srvcs:paloma del sol park pest control srvcs:vail ranch park pest control srvcs:marg/rancho calif pest control srvcs:wolf creek park 8,750.00 6,750.00 2,162.82 7,905.72 1,678.74 775.00 1,008.00 296.20 148.10 148.10 296.20 148.10 32.00 198.97 158.40 1,781.97 3,927.09 96.40 130.39 10,651.78 373.50 93.06 161.20 115.56 310.85 80.00 94.00 94.00 94.00 140.00 8,750.00 6,750.00 10,068.54 1,678.74 775.00 1,008.00 1,036.70 32.00 357.37 16,961.13 254.26 426.41 502.00 Page:7 apChkLst Final Check List Page: 8 11/21/2012 11:05:09AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 155379 11/21/2012 008023 STATER BROTHERS MARKETS Refreshments:dinner wffre pgrm 10/6 Refreshments:dinnerwffre pgrm 9/30 Refreshments:dinnerwffre pgrm 9/19 155380 11/21/2012 000305 TARGET BANK BUS CARD SRVCS 155.76 70.63 139.06 Misc supplies:mpsc 50.50 Misc supplies:electric light parade 7.35 Misc supplies:mpsc 365.45 238.00 295.85 155381 11/21/2012 010276 TIME WARNER CABLE Nov high speed internet:32211 Wolfvly 102.17 Nov high speed internet:Fire Stn 92 44.95 147.12 155382 11/21/2012 000668 TIMMY D PRODUCTIONS INC Sound & lighting tech:beach boys concert 2,550.00 2,550.00 155383 11/21/2012 002702 U S POSTAL SERVICE Oct '12 postage meter deposit 1,542.59 1,542.59 155384 11/21/2012 000325 UNITED WAY United Way Charities Payment 25.00 25.00 155385 11/21/2012 004261 VERIZON Novxxx-2941 TVE2 464.50 464.50 155386 11/21/2012 004789 VERIZON Nov internet svcs: Theater 134.99 134.99 155387 11/21/2012 004848 VERIZON SELECT SERVICES Oct long distance phone svcs 17.17 INC Nov long distance phone svcs 11.52 28.69 155388 11/21/2012 012219 VIERLING, MARIKA Carriage ride for Santa's arrival 11/23 750.00 750.00 Grand total for UNION BANK OF CALIFORNIA: 1,260,376.90 Pages apChkLst Final Check List Page: 9 11/21/2012 11:05:09AM CITY OF TEMECULA 98 checks in this report. Grand Total All Checks. 1,260,376.90 Page9 Item No. 5 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Senior Management Analyst DATE: December 11, 2012 SUBJECT: City Treasurer's Report as of October 31, 2012 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of October 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 October 31, 2012. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of October 31, 2012 Investments City of Temecula, California Portfolio Management Portfolio Summary October 31, 2012 Par Market Value Value Book %of Value Portfolio City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 52,965,667.00 52,965,667.00 52,965,667.00 46.05 1 1 0.134 0.187 Retention Escrow Account 6,499,224.39 6,499,224.39 6,499,224.39 5.65 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 25,553,317.54 25,536,396.44 25,553,317.54 22.22 1 1 0.335 0.340 Federal Agency Callable Securities 11,000,000.00 11,101 ,920.00 11,000,000.00 9.56 1,644 939 1.926 1.953 Federal Agency Bullet Securities 19,000,000.00 19,172,149.99 13,996,779.99 16.52 1,235 769 1.999 1.014 Investments 115,018,210.43 115,325,849.33 115,014,980.43 100.00% 362 218 0.509 0.516 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 340,110.29 115,858,320.72 340,11ii 29 3400,11O 29 9.999 9.999 116,165,959.62 115,855,090.72 362 218 0.509 0.516 Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 50,589.65 243,76141 Average Daily Balance 118,169,667.19 141,352,805.16 Effective Rate of Return 0.50% 0.51% Reporting period 10i01/2012-10/31/2012 Run Date: 11/27/2012 • 17:18 Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments October 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 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 11/27/2012 - 17:16 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments October 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 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.00 0.00 0.00 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 202,128.57 202,128.57 202,128.57 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 209,642.94 209,642.94 209,642.94 0.020 0.020 0.020 1 107886026-2 RDA 07RES2 First American Treasury 1,104,155.55 1,104,155.55 1,104,155.55 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,263,987.65 1,263,987.65 1,263,987.65 0.020 0.020 0.020 1 136343008 RDA 1 OA CIP2 First American Treasury 19,947.22 19,947.22 19,947.22 0.020 0.020 0.020 1 136343001-2 RDA 10A -INTI First American Treasury 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 136343018-2 RDA 10B CIP2 First American Treasury 1,186,375.07 1,186,375.07 1,186,375.07 0.020 0.020 0.020 1 136343000-1 RDA 106 -INTI First American Treasury 07/01/2012 0.08 0.08 0.08 0.001 0.001 0.001 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 440,401.49 440,401.49 440,401.49 0.020 0.020 0.020 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,735.19 202,735.19 202,735.19 0.020 0.020 0.020 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 82,342.38 82,342.38 82,342.38 0.020 0.020 0.020 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,655,514.97 2,655,514.97 2,655,514.97 0.020 0.020 0.020 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.36 0.36 0.36 0.001 0.001 0.001 1 94669922-5 03-01 COI Federated Tax Free Obligations 08/01/2012 20,851.46 20,851.46 20,851.46 0.020 0.020 0.020 1 94669917-5 03-01 RES Federated Tax Free Obligations 08/01/2012 765,770.77 765,770.77 765,770.77 0.020 0.020 0.020 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,755.21 147,755.21 147,755.21 0.020 0.020 0.020 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 43,674.81 43,674.81 43,674.81 0.020 0.020 0.020 1 164741009-5 03-03 COI Federated Tax Free Obligations 08/01/2012 26,620.25 26,620.25 26,620.25 0.020 0.020 0.020 1 164741008-5 03-03 IMP Federated Tax Free Obligations 08/01/2012 936,077.81 936,077.81 936,077.81 0.020 0.020 0.020 1 164741006-5 03-03 RES Federated Tax Free Obligations 08/01/2012 1,418,335.34 1,418,335.34 1,418,335.34 0.020 0.020 0.020 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 08/01/2012 125,526.37 125,526.37 125,526.37 0.020 0.020 0.020 1 164742009-5 03-06 COI Federated Tax Free Obligations 08/01/2012 19,569.22 19,569.22 19,569.22 0.020 0.020 0.020 1 164742006-5 03-06 RES Federated Tax Free Obligations 08/01/2012 306,764.58 306,764.58 306,764.58 0.020 0.020 0.020 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 08/01/2012 321,622.82 321,622.82 321,622.82 0.020 0.020 0.020 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-1bond fd Federated Tax Free Obligations 08/24/2012 0.51 0.51 0.51 0.001 0.001 0.001 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 1,004,624.66 1,004,624.66 1,004,624.66 0.020 0.020 0.020 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,192.00 5,192.00 5,192.00 0.020 0.020 0.020 1 Run Date: 11/27/2012 - 17:16 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments October 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 793593016-5 03-2 LOC11 Federated Tax Free Obligations 141,965.04 141,965.04 141,965.04 0.020 0.020 0.020 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 3,491.69 3,491.69 3,491.69 0.020 0.020 0.020 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.19 368.19 368.19 0.020 0.020 0.020 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 27,145.62 27,145.62 27,145.62 0.020 0.020 0.020 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.10 1,144.10 1,144.10 0.020 0.020 0.020 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.41 507.41 507.41 0.020 0.020 0.020 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 19,032.41 19,032.41 19,032.41 0.020 0.020 0.020 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 73,002.32 73,002.32 73,002.32 0.020 0.020 0.020 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.29 0.29 0.29 0.001 0.001 0.001 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,308,864.67 1,308,864.67 1,308,864.67 0.020 0.020 0.020 1 1 461 61 008-5 RDA 11ACIP11 Federated Tax Free Obligations 11,267,829.20 11,267,829.20 11,267,829.20 0.020 0.020 0.020 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2012 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 22,398,577.30 22,398,577.30 22,398,577.30 0.340 0.335 0.340 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,575,324.67 1,575,324.67 1,575,324.67 0.340 0.335 0.340 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,638,791.83 3,638,791.83 3,638,791.83 0.340 0.335 0.340 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 1 2221 6003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905-0 03-01 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 53,838,337.42 Run Date: 11/27/2012 - 17:16 52,965,667.00 52,965,667.00 52,965,667.00 0.184 0.187 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments October 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 Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 07/01/2012 39,525.89 39,525.89 39,525.89 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 07/01/2012 600,032.34 600,032.34 600,032.34 0.000 0.000 1 SYSPI aza Prtnr PI aza Prtnr 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 6,499,167.24 6,499,224.89 6,499,224.89 6,499,224.89 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2012 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 SYSCITY CITY CA Local Agency Investment Fun 12,926,013.91 12,942,999.62 12,926,013.91 0.340 0.335 0.340 1 SYSRDA RDA CA Local Agency Investment Fun 1,740.11 1,742.40 1,740.11 0.340 0.335 0.340 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.340 0.335 0.340 1 SYSTCSD TCSD CA Local Agency Investment Fun 12,625,563.52 12,642,154.42 12,625,563.52 0.340 0.335 0.340 1 Subtotal and Average 27,343,763.90 25,553,317.54 25,586,896.44 25,553,317.54 0.335 0.340 1 Federal Agency Callable Securities 3134G3BV1 01179 Federal Horne Loan Mtg Corp 12/09/2011 1,000,000.00 1,014,720.00 1,000,000.00 1.400 1.381 1.400 1,499 12/09/2016 3134G3CL2 01181 Federal Home Loan Mtg Corp 12/16/2011 1,000,000.00 1,006,050.00 1,000,000.00 1.000 0.986 1.000 957 06/16/2015 3134G3PH7 01186 Federal Horne Loan Mtg Corp 02/24/2012 1,000,000.00 1,004,930.00 1,000,000.00 1.000 0.986 1.000 1,392 08/24/2016 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,027,700.00 2,000,000.00 4.000 3.945 4.000 130 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,015,560.00 1,000,000.00 4.000 3.945 4.000 146 03/27/2013 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,000,810.00 1,000,000.00 1.125 1.110 1.125 762 12/03/2014 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,012,220.00 1,000,000.00 2.125 2.096 2.125 1,359 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,011,260.00 1,000,000.00 1.350 1.332 1.350 1,453 10/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,008,670.00 1,000,000.00 1.000 0.986 1.000 1,426 09/27/2016 3135G0PR8 01191 Federal National Mtg Assn 10/09/2012 1,000,000.00 1,000,000.00 1,000,000.00 0.480 0.473 0.480 1,072 10/09/2015 Subtotal and Average 10,741,935.48 Run Date: 11/27/2012 - 17:16 11,000,000.00 11,101,920.00 11,000,000.00 1.926 1.953 939 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments October 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 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,015,160.00 997,500.00 2.250 2.284 2.316 270 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,005,140.00 1,000,000.00 2.150 2.121 2.150 95 02/04/2013 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,014,120.00 1,000,000.00 1.375 1.356 1.375 466 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,009,680.00 1,000,000.00 0.875 0.863 0.875 638 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,024,700.00 1,000,000.00 1.300 1.282 1.300 1,435 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,018,420.00 1,000,000.00 1.050 1.036 1.050 1,089 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,015,950.00 1,000,000.00 0.970 0.957 0.970 1,117 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,260.00 1,000,000.00 0.500 0.493 0.500 393 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,016,780.00 1,000,000.00 1.000 0.986 1.000 1,133 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,011,730.00 1,000,000.00 0.850 0.838 0.850 1,174 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 999,430.00 1,000,000.00 0.410 0.404 0.410 1,092 10/29/2015 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,000,810.00 1,000,000.00 1.625 1.603 1.625 20 11/21/2012 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,007,920.00 1,000,000.00 1.125 1.110 1.125 316 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,012,600.00 1,000,000.00 1.000 0.986 1.000 690 09/22/2014 313376V77 01184 Federal Horne Loan Bank 01/23/2012 1,000,000.00 1,003,480.00 1,000,000.00 0.520 0.513 0.520 813 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,000,710.00 1,000,000.00 0.400 0.395 0.400 834 02/13/2015 313378AC5 01187 Federal Horne Loan Bank 02/22/2012 1,000,000.00 1,002,570.00 1,000,000.00 0.500 0.493 0.500 932 05/22/2015 31337BQH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,011,490.00 1,000,000.00 0.900 0.888 0.900 1,243 03/28/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,000,190.00 999,270.00 0.375 0.399 0.404 865 03/16/2015 Subtotal and Average 18,545,157.10 19, 000,000.00 19,172,140.00 18,996,770.00 1.000 1.014 769 Total and Average 118,169,667.19 Run Date: 11/27/2012 - 17:16 115, 018,210.43 115, 325,849.33 115,014,980.43 0.509 0.516 218 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash October 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 07/01/2012 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2012 30,220.95 30,220.95 30,220.95 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 800,251.34 800,251.34 800,251.34 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2012 6,528.00 6,528.00 6,528.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 118,169,667.19 Run Date: 11/27/2012 - 17:16 115,858,320.72 116,165, 959.62 115,855,090.72 0.509 0.516 218 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Reconciliation of Cash Activity for the Month ending October 31, 2012 Source: Cash Flow Statement, Daily Cash Packages, Cash and Investment Report R:Banking\Bank Recs12012-13 Bank Recs14 - October 20121Cash Balance Summary Report Oct 2012.xIsx Total Treasurer's Report Balance as of September 30, 2012 $ 119,470,053.65 Cash Receipt: Daily Cash Receipts 1,593,707.67 Cash Receipt: Sales and Use Tax 1,396,400.00 Cash Receipt: Property Tax 400,164.52 Cash Receipt: Measure A 156,089.80 Cash Receipt: Highway Users Tax 171,341.77 Accounts Payable Check Run for October 4, 2012 (345,925.54) WRCOG (TUMF August 2012) (144,766.99) Accounts Payable Check Run for October 11, 2012 (422,787.57) PERS (Employee Retirement) (146,512.25) lnstatax (Payroll taxes) (102,123.61) PERS (Employee Retirement) (146,135.72) lnstatax (Payroll taxes) (103,027.90) CalState San Marcos (CSUSM Tenant Improvements) (136,960.00) Flatiron West Inc. (French Valley Parkway construction) (316,243.52) Southern California Edison (146,771.95) Temecula Marine Center Inc. (Murrieta Creek Bridge/Overland Drive) (87,268.00) Accounts Payable Check Run for October 18, 2012 (343,699.83) Brown & Brown Insurance (Workers Comp) (80,914.00) Excel Landscape (September) (179,868.65) Richards Watson Gershon (Aug 2012 Legal Services) (140,215.19) Riverside County Executive Office (Animal Shelter Fees for 12/13) (201,694.00) TY Lin International (Aug 2012 Services) (682,217.33) Accounts Payable Check Run for October 25, 2012 (419, 556.72) lnstatax (Payroll taxes) (101, 351.81) Harris & Associates (Sept 2012 Services) (119,329.41) Western Riverside Council of Governments (TUMF Sept 2012) (352, 469.60) Western Riverside County (MSHCP Sept 2012) (76,567.86) Temecula Valley Convention & Visitors Bureau (Aug 2012 BID Assessments) (114,899.96) PERS (Employee Retirement) (144,964.97) Payroll (845,788.02) Flex Benefit Account (98.77) Parking Citation Account 6,528.00 Interest - Investments 25,104.17 Interest - LAIF 28,297.34 Interest - Trust Accounts 26,569.48 Interest - Escrow Accounts (41.45) Wire Out - CFD Draws (CFD 03-2 Roripaugh Ranch) (1,023,038.76) Wire Out - Lawyers Title Co. (Land Acquisition) (135,000.00) FMV Adjustment - Investment (31,843.58) Credit Card Refunds/Bank Fees/NSF/Voided Checks/Misc (16,213.82) Treasurer's Report Balance as of October 31, 2012 $ 116,165,959.62 R:Banking\Bank Recs12012-13 Bank Recs14 - October 20121Cash Balance Summary Report Oct 2012.xIsx Item No. 6 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Senior Management Analyst DATE: December 11, 2012 SUBJECT: Financial Statements for the Three Months Ended September 30, 2012 PREPARED BY: Rudy Graciano, Revenue Manager Pascale Brown, Accounting Manager RECOMMENDATION: Receive and file the Financial Statements for the Three Months Ended September 30. 2012. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the three months ended September 30, 2012. Please see the attached Financial Statements footnotes for an analytical review of financial activity for each of the various Funds. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of September 30, 2012 2. Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for the Three Months Ended September 30, 2012. 3. Combining Statement of Net Assets as of September 30, 2012. 4. Combining Statement of Revenues, Expenses and Changes in Net Assets for the Three Months Ended September 30, 2012. 5. Statement of Net Assets - Fiduciary Fund as of September 30, 2012. 6. Statement of Changes in Fiduciary Net Assets for the Three Months Ended September 30, 2012. CITY OF TEMECULA COMBINING BALANCE SHEET as of September 30, 2012 Energy General Gas Tax DIF Fees Recovery Efficiency Fund Fund Fund JAG Fund Conserv. Grant Business Incubator Resource CDBG Fund ASSETS: Cash and Investments $ 27,300,211 $ - $ 4,397,364 $ - $ - $ 149,562 $ - Receivables 6,504,262 320,082 8,734 3,969 150,356 36 27,998 Due from Other Funds 27,945 - - - - Advances to SARDA 1,297,932 - - - - Deposits 62,533 Inventory 3,058 Land Held for Resale - TOTAL ASSETS $ 35,195,941 $ 320,082 $ 4,406,098 $ 3,969 $ 150,356 $ 149,598 $ 27,998 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds $ - $ - $ - $ 3,969 $ 150,356 $ $ 27,998 Other Current Liabilities 8,227,904 - 17,659 - - - Deferred Revenue 4,371,627 TOTAL LIABILITIES 12,599,531 - 17,659 3,969 150,356 27,998 FUND BALANCES: Nonspendable: Advances to SARDA 495,661 - Deposits 62,532 Inventory 3,058 Land Held for Resale - Notes and Loans Prepaid Costs Restricted For: Community Development Projects 4,388,439 Capital Projects Debt Service - - Business Incubator Project - - - - 149,598 Parks and Recreation - Public Works 320,082 Committed To: Contractual Obligation - Encumbrances 2,680,735 - 986 Economic Uncertainty 11,593,973 Assigned To: Capital Projects 2,583,088 - Compresensive Annual Leave 1,495,548 - Information Technology Software 500,000 Theater Reconstruction 2,879,175 Unrealized Gains 302,640 Unassigned - - (986) TOTAL FUND BALANCES 22,596,410 320,082 4,388,439 149,598 TOTAL LIABILITIES and FUND BALANCES $ 35,195,941 $ 320,082 $ 4,406,098 $ 3,969 $ 150,356 $ 149,598 $ 27,998 NOTE: Balances are unaudited 1 CITY OF TEMECULA COMBINING BALANCE SHEET as of September 30, 2012 AB2766 SLESF Measure A Fund Fund Fund Capital Project City Housing Fund Financing Lease 2001 and 2008 COPS Fund TOTAL ASSETS: Cash and Investments $ 267,023 $ $ 4,784,189 $ 12,053,122 $ 5,947,340 $ $ 54,898,811 Receivables 373 - 164,268 4,910,313 18,268,598 30,358,989 Due from Other Funds - 152,900 - 180,845 Advances to SARDA 5,250,954 6,548,886 Deposits - - - 62,533 Inventory - - - - 3,058 Land Held for Resale 4,400,388 4,400,388 TOTAL ASSETS $ 267,396 $ - $ 4,948,457 $ 17,116,335 $ 33,867,280 $ $ 96,453,510 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds $ $ - $ - $ - $ - $ $ 182,323 Other Current Liabilities 10,000 24,661 2,020,728 5,939,133 16,240,085 Deferred Revenue - - 17,913,974 22,285,601 TOTAL LIABILITIES 10,000 - 24,661 2,020,728 23,853,107 38,708,009 FUND BALANCES: Nonspendable: Advances to SARDA - - 5,250,954 5,746,615 Deposits - - - 62,532 Inventory - 3,058 Land held for resale - - 4,400,388 4,400,388 Notes and Loans - - 347,700 347,700 Prepaid Costs - - Restricted For: Community Development Projects 15,131 4,403,570 Capital Projects 257,396 - 3,484,513 - - 3,741,909 Debt Service - - - - Business Incubator Project 149,598 Parks and Recreation - - - - Public Works - - 1,308,885 - - 1,628,967 Committed To: - Contractual Obligation - Encumbrances - 130,398 34,815,212 - 37,627,331 Economic Uncertainty - - - 11,593,973 Assigned To: Capital Projects - - 2,583,088 Compresensive Annual Leave - - - 1,495,548 Secondary Reserves 500,000 Theater Reconstruction - - - 2,879,175 Unrealized Gains - - 302,640 Unassigned (19,862,245) (19,863,231) TOTAL FUND BALANCES 257,396 4,923,796 14,952,967 10,014,173 57,602,861 TOTAL LIABILITIES and FUND BALANCES $ 267,396 $ - $ 4,948,457 $ 16,973,695 $ 33,867,280 $ - $ 96,310,870 NOTE: Balances are unaudited 2 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the Three Months Ended September 30, 2012 Annual Amended Budget Total Percentage Activity of Budget REVENUES: Sales Tax - State $ 20,877,978 $ 2,790,168 13% (1) Sales Tax - Triple Flip 7,000,659 - 0% (2) Franchise Fees 3,472,211 697,003 20% Motor Vehicle In Lieu - State 53,840 0% Motor Vehicle In Lieu - Triple Flip 5,999,646 - 0% (2) Property Tax 5,147,976 386,188 8% (2) Property Tax Relief (Homeowner) 77,675 - 0% (2) Property Transfer Tax 425,027 165,470 39% Transient Occupancy Tax 2,585,464 673,622 26% Vehicle Code Fines 653,016 147,860 23% Development Services: Building & Safety 1,556,959 371,475 24% Fire 831,919 230,873 28% Land Development 352,019 305,275 87% (3) Planning 743,370 193,455 26% Public Works - NPDES 6,696 845 13% Park Maintenance 1,947,553 11,475 1% Police 470,842 151,093 32% Advertising 55,800 8,910 16% Bids and Proposals 10,350 300 3% Business Licenses 300,000 21,280 7% GASB 31 Fair Market Value on Investment (959) 0% Investment 190,000 41,676 22% Lease/Rental Income 81,072 20,267 25% M iscellaneous 8,000 11,731 147% Operating Transfers In State Gas Tax 2,935,672 674,931 23% SLESF 100,000 - 0% (4) Reimbursements: Financing 119,000 54,750 46% CIP 2,217,018 473,963 21% Other 42,614 67,404 158% TOTAL REVENUES $ 58,208,536 $ 7,552,895 13% NOTES: (1) All receipts for the quarter ending September 30, 2012 are expected to be received no later than December 2012. (2) Property taxes and "triple flip" revenues are scheduled to be received in January and May of this fiscal year. (3) The variance in Land Development is due to fees received for the Hospital, Campanula Apartments, Belle Maison, Lennar Homes projects which occurred earlier than anticipated. (4) Supplemental Law Enforcement Services Fund (SLESF) revenues are not expected until June 2013. 3 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the Three Months Ended September 30, 2012 Annual Amended Budget EXPENDITURES: Year -to -Date Activity Year -to -Date Encumbrances Activity and Encumbrances Percentage of Budget City Council $ 438,176 $ 101,606 $ 6,504 $ 108,110 25% Community Support 85,000 2,525 - 2,525 3% (1) City Manager 1,598,717 360,677 64,613 425,290 27% Economic Development 973,048 200,620 118,139 318,759 33% City Clerk 1,024,000 207,318 36,295 243,613 24% City Attorney 791,300 208,152 - 208,152 26% Strategic Budgeting Operations 912,969 187,553 21,600 209,153 23% Accounting & Purchasing 1,301,699 313,402 9,851 323,253 25% Support Services 430,373 87,775 - 87,775 20% Human Resources 469,813 159,560 32,844 192,404 41% (2) Planning 1,676,118 343,929 158,000 501,929 30% Building & Safety 2,005,961 458,478 84,039 542,517 27% Land Development 1,130,289 258,349 13,427 271,776 24% Public Works 5,539,399 1,014,351 546,304 1,560,655 28% CIP Administration 2,217,018 513,589 3,865 517,454 23% Parks Maintenance 3,898,523 832,333 1,168,061 2,000,394 51% (3) Police 21,997,988 5,471,077 248,470 5,719,547 26% Fire 4,794,865 1,158,076 89,773 1,247,849 26% Animal Control 465,000 45,636 78,950 124,586 27% Non -Departmental 4,583,383 1,169,560 1,169,560 26% TOTAL EXPENDITURES (excluding transfers) 56,333,639 13,094,566 2,680,735 15,775,301 28% Revenues Over/(Under) Expenditures 1,874,897 (5,541,671) Other Financing Sources (Uses): Transfers Out (5,829,731) (2,050,994) Revenues Over/(Under) Expenditures and Other Financing Sources (uses) (3,954,834) (7,592,665) Beginning Fund Balance as of 7/01/2012 30,189,075 30,189,075 Ending Fund Balance as of 9/30/2012 $ 26,234,241 $ 22,596,410 NOTES: (1) Community Service Funding Program was awarded and approved by Council on November 13, 2012. Grant Funding will be disbursed to 14 organizations by the end of December 2012. (2) The variance in Human Resources is due to termination of Analyst position. (3) The variance is Parks Maintenance is due to encumbrances for Janitorial services and Landscape Services that are recorded for the entire fiscal year. 4 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GAS TAX FUND for the Three Months Ended September 30, 2012 REVENUES: Section 2103 - 2107 Investment Interest Annual Amended Budget $ 2,802,355 8,000 TOTAL REVENUES 2,810,355 Other Financing Sources (uses): Transfers Out (3,005,672) Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 Total Percentage of Activity Budget $ 589,646 21% 1,377 17% 591,023 21% (674,931) 22% (195,317) (83,908) 403,990 403,990 $ 208,673 $ 320,082 5 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENT IMPACT FUND for the Three Months Ended September 30, 2012 Annual Amended Budget REVENUES: Total Percentage of Activity Budget Open Space $ 311,861 $ 43,781 14% Investment Interest - 10,522 0% Quimby 293,859 97,418 33% Street Improvements 1,742,532 179,067 10% Traffic Signals 251,394 28,124 11% Parks 1,021,879 111,738 11% Corporate Facilities 139,358 38,156 0% Fire Protection 189,554 32,257 17% Library 227,197 43,784 19% Public Art 12,996 9,523 0% Police 226,367 14,191 0% TOTAL REVENUES 4,416,997 608,561 14% (1) Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Other Financing Sources (uses) (10,133,329) (1,936,454) 19% (5,716,332) (1,327,893) Beginning Fund Balance as of 7/01/2012 5,716,332 5,716,332 Ending Fund Balance as of 9/30/2012 $ - $ 4,388,439 NOTES: (1) The variance in revenues is due to the timing of developers pulling permits. 6 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL RECOVERY ACT JAG FUNDING for the Three Months Ended September 30, 2012 Annual Year to Date Total % of Amended Activity Encumbrances Activity Budget Budget REVENUES: Grant Revenue $ 4,292 $ 1,626 $ $ 1,626 38% TOTAL REVENUES 4,292 1,626 1,626 38% EXPENDITURES: Operating Expenditures 4,292 1,626 986 2,612 61% TOTAL EXPENDITURES 4,292 1,626 986 2,612 61% Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 $ $ 7 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ENERGY EFFICIENCY CONSERVATION GRANT for the Three Months Ended September 30, 2012 Annual Amended Budget YTD Total Percentage Activity Activity of Budget REVENUES: Grant Revenue $ 290,604 $ 147,576 $ 147,576 51% (1) TOTAL REVENUES 290,604 147,576 147,576 51% EXPENDITURES: Operating Expenditures 0% TOTAL EXPENDITURES 0% Revenues Over/(Under) Expenditures Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 290,604 147,576 (290,604) (147,576) 51% (2) NOTES: (1) Revenues are based on reimbursements for qualifying grant project expenditures. (2) Construction for the Traffic Safety Bridge Light Retrofit project was completed during this quarter. 8 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL BUSINESS INCUBATOR RESOURCE for the Three Months Ended September 30, 2012 Annual Amended Budget REVENUES: YTD Percentage Activity of Budget Rental Income $ 16,850 $ 0% (1) Transfer In 150,000 150,000 100% (2) Investment Interest - 48 0% TOTAL REVENUES 166,850 150,048 90% EXPENDITURES: Operating Expenditures 65,000 450 1% (1) TOTAL EXPENDITURES 65,000 450 1% Revenues Over/(Under) Expenditures 101,850 149,598 Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 $ 101,850 $ 149,598 NOTES: (1) The Business Incubator Resource opening day was on November 3, 2012. Rental Income and operating expenditures are expected to start in November. (2) The variance is due to the timing transfers for the Incubator resource. 9 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT for the Three Months Ended September 30, 2012 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Grant Revenue $ 1,553,854 $ 22,674 1% (1) TOTAL REVENUES 1,553,854 22,674 1% EXPENDITURES: Salaries and Wages Other Outside Services 86,854 19,954 23% 67,000 2,720 4% (2) TOTAL EXPENDITURES 153,854 Revenues Over/(Under) Expenditures 1,400,000 Other Financing Sources (uses): 22,674 15% Transfers Out (1,400,000) - 0% (3) Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 $ - $ NOTES: (1) The Five-year consolidated Plan and Annual Action Plan was approved and adopted by Council. Revenues are based on reimbursements as expenditures incurred. (2) The variance is due to sub recipient Public Service that will be disbursed by the end of December. (3) The Temecula Community Center Renovation budgeted with CDBG funding is currently in Design. 10 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AB 2766 FUND for the Three Months Ended September 30, 2012 REVENUES: AB 2766 Investment Interest TOTAL REVENUES Annual Amended Budget Total Percentage of Activity Budget $ 124,191 $ - 0% (1) 4,000 452 11% 128,191 452 0% EXPENDITURES: Other Outside Services 36,788 10,000 27% TOTAL EXPENDITURES 36,788 10,000 27% Revenues Over/(Under) Expenditures Other Financing Sources (uses): 91,403 (9,548) Transfers Out (159,413) - 0% (2) Revenues Over/(Under) Other Financing Sources (uses) (68,010) (9,548) Beginning Fund Balance as of 7/01/2012 266,944 266,944 Ending Fund Balance as of 9/30/2012 $ 198,934 $ 257,396 NOTES: (1) The first quarter revenue allocation for Air Quality is not expected until December 2012. (2) The Santa Gertrudis Creek Pedestrian Bicycle Trail Extension and Interconnect budgeted with this fund is currently in design. 11 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) for the Three Months Ended September 30, 2012 Annual Amended Budget Total Percentage of Activity Budget REVENUES: AB 3229 - COPS $ 100,000 $ - 0% (1) TOTAL REVENUES 100,000 - 0% Other Financing Sources (uses): Transfers Out (100,000) - 0% (1) Revenues Over/(Under) Other Financing Sources (uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 $ $ - NOTES: (1) Revenues from the County of Riverside are not expected to be received until June 2013. 12 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A for the Three Months Ended September 30, 2012 REVENUES: Investment Interest Measure "A" TOTAL REVENUES Annual Amended Budget YTD Activity Encumbrances Total Percentage Activity of Budget $ 55,000 $ 9,892 $ - $ 9,892 18% 2,302,201 371,652 371,652 16% (1) 2,357,201 381,544 - 381,544 16% EXPENDITURES: Operating Expenditures 1,485,222 45,939 TOTAL EXPENDITURES 1,485,222 45,939 Revenues Overl(Under) Expenditures 871,979 335,605 Other Financing Sources (uses): Transfers Out (5,475,580) (1,167,801) Revenues Overl(Under) Expenditures and Other Financing Sources (uses) (4,603,601) (832,196) Beginning Fund Balance as of 7/01/2012 5,755,992 5,755,992 Ending Fund Balance as of 9/30/2012 $ 1,152,391 $ 4,923,796 NOTES: (1) September 2012 Measure "A" revenues have yet to be received. 130,398 130,398 176,337 12% (2) 176,337 12% 21% (2) The variance is due to several Citywide slurry seal, concrete repairs and maintenance that have not yet been awarded and approved. 13 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the Three Months Ended September 30, 2012 Account Number REVENUE: Annual Amended Budget Year -to -Date Activity Encumbrances Total Activity % of Budget Operating Transfers In $ 47,032,738 $ 6,411,558 $ $ 6,411,558 14% Grants 6,561,960 59,951 - 59,951 1% Reimbursements 173,808 30,193 30,193 17% Reimbursements - TUMF 35,617,719 4,555,627 4,555,627 13% Investment Interest - 1,905 - 1,905 0% TOTAL REVENUE EXPENDITURES: 89,386,225 11,059,234 11,059,234 12% (1) Open Space Acquisition Program 165-509 510,863 130,000 130,000 25% Old Town Police Storefront 165-513 35,207 - 35,207 35,207 100% Pechanga Parkway Environmental Mitigation 165-516 571,619 15,396 57,211 72,607 13% Traffic Safety Bridge Light Retrofit 165-520 281,373 174,156 - 174,156 62% Murrieta Creek Bridge / Overland Drive Extension to Diaz Road 165-602 6,111,133 1,317,393 148,891 1,466,284 24% Abbott Corporation Roadway Improvements 165-620 750,000 - - 0% Medians and Parkway Citywide 165-622 258,459 - 0% Old Town Infrastructure Projects - Civic Center 165-643 5,775 800 4,975 5,775 100% Old Town Infrastructure - Parking Structure, Office and Retail 165-644 32,271 - 32,271 32,271 100% Pavement Rehabilitation Program - Citywide 165-655 8,435,816 711,273 5,361,011 6,072,284 72% Western Bypass Bridge Over Murrieta Creek 165-660 108,277 6,380 42,897 49,277 46% Interstate -15 / State Route 79 South Ultimate Interchange 165-662 5,488,430 8,024 36,126 44,150 1% Flashing Beacons & Speed Advisory Signs 165-670 44,095 5,341 5,341 12% Temecula City Entry Monumentation 165-671 150,000 0% Traffic Signal Equipment Replacement Program -Citywide 165-680 121,769 14,356 33,107 47,463 39% Signals- Rancho Cal Promnade Chardonnay 165-682 217,000 - - 0% City Facilities Rehabilitation 165-701 500,000 25,083 14,722 39,805 8% Business Incubator Resource Center 165-702 135,000 26,762 1,000 27,762 21% Medians & Ornamental Pedestrian Barriers- Citywide 165-704 15,605 - 1,005 1,005 6% 14 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the Three Months Ended September 30, 2012 Account Annual Year -to -Date % of Number Amended Activity Encumbrances Total Activity Budget Budget EXPENDITURES - cont'd: Citywide Storm Drain Improvements 165-715 475,806 - - 0% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase I 165-719 21,989,071 3,940,224 16,174,063 20,114,287 91% Butterfield Stage Road Extension 165-723 23,037,684 2,125,492 1,642,731 3,768,223 16% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase II 165-726 13,365,476 1,049,506 10,288,672 11,338,178 85% Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to CHS 165-738 115,000 28,601 28,582 57,183 50% Santa Gertrudis Creek Pedestrian Bicycle Trail Extension Interconnect 165-739 271,587 3,186 243,660 246,846 91% Fire Station Roripaugh Ranch Site 165-741 350,035 110,881 159,337 270,218 77% Main Street Bridge Over Murrieta Creek Replacement 165-743 6,754,107 11,446 869 12,315 0% Old Town Civic Center 165-751 236,114 22,570 213,552 236,122 100% TCC Renovation 165-754 1,574,040 58,816 98,815 157,631 10% Theater Remediation 165-756 795,000 48,880 24,520 73,400 9% Old Town Police Store Front Sign 165-758 50,000 0% Sixtth Street Restrooms Renovation 165-760 50,000 - - 0% Open Space Santa Margarita Plan 165-762 50,000 5,000 5,000 10% Old Town Public Art 190-121 191,900 0% Teen Young Adult Village 190-122 100,000 0% Children's Museum Enhancement Project 190-125 114,000 0% Flood Control Channel Reconstruction and Repair 190-127 250,000 - - 0% Tennis Court Lighting- Great Oak High School 190-128 440,791 6,713 14,137 20,850 5% Inclusive Play Structure at Patricia H Birdsall Sport Park 190-129 839,186 3,658 16,100 19,758 2% Parks Improvement Program 190-130 423,963 18,965 110,398 129,363 31% Sam Hicks Monument Parks Playground 190-132 158,300 0% Senior Citizen Outdoor Fitness Lot 190-133 86,600 826 826 1% YMCA Building 190-134 231,843 943 943 0% 15 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the Three Months Ended September 30, 2012 Account Annual Year -to -Date % of Number Amended Activity Encumbrances Total Activity Budget Budget EXPENDITURES-cont'd: CRC Energy Management Retrofit 190-152 9,231 2,260 - 2,260 24% Water Slide Replacement CRC Pool 190-156 175 175 175 100% Theater Energy Efficient Lighting 190-159 222,400 - 0% Old Town Gymnasium 190-186 66,514 - 66,514 66,514 100% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 190-187 134,260 6,227 101,963 108,190 81% TOTAL EXPENDITURES 93,168,587 9,815,950 $ 34,815,212 $ 44,631,162 48% (2) Revenues Over/(Under) Expenditures (3,782,362) 1,243,284 Revenues Over/(Under) Expenditures and Other Financing Sources(uses) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 NOTES: (3,782,362) 1,243,284 13,910,190 13,910,190 $ 10,127,828 $ 15,153,474 (1) The variance in revenues is primarily due to several funded Capital Improvement projects where reimbursement for eligible expenditures have not yet been made during this fiscal year. Transfers will be done as progress payments are made to vendors. (2) The variance in expenditures is primarily due to several major Capital Improvement projects that have been awarded for construction and the funds have been encumbered (French Valley Phase I and II, and Pavement Rehabilitation). 16 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITY HOUSING FUND for the Three Months Ended September 30, 2012 Annual Amended Budget REVENUES: Total Activity Encumbrances Total % of Activity Budget Property Tax Distribution $ 250,000 $ $ $ 0% (1) Loan Interest/Forgivable Loans 55,652 53,735 53,735 97% (2) Monitoring Fees 10,032 0% (3) Rental Income 161,000 0% (3) Investment Interest 10,639 10,639 0% Operating Transfers In 150,000 0% (4) TOTAL REVENUES 626,684 64,374 64,374 10% EXPENDITURES: OPERATING EXPENDITURES: Salaries & Benefits 361,247 84,653 84,653 23% Operating and Administrative Expenditures 261,526 38,788 29,045 67,833 26% TOTAL EXPENDITURES 622,773 123,441 29,045 152,486 24% (5) Revenues Over/(Under) Expenditures and Other Financing Sources (uses) 3,911 (59,067) Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 10, 073,240 10,073, 240 $ 10,077,151 $ 10,014,173 NOTES: (1) Property Tax distribution is not expected to be received until January and May of this fiscal year. (2) The variance is due to early loan interest payoff received during this quarter. (3) Monitoring fees and rental income are due by April of this fiscal year. (4) The variance is due to the timing of the operating transfers during this quarter. (5) The variance in operating expenditures are due to encumbrances that are recorded for consulting services. 17 REVENUES: Transfes In CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2011 FINANCING LEASE 2001 and 2008 CERTIFICATES OF PARTICIPATION for the Three Months Ended September 30, 2012 TOTAL REVENUES EXPENDITURES: Debt Service Principal Debt Service Interest Annual Amended Budget Total Percentage of Activity Budget $ 2,136,138 $ 533,801 25% 2,136,138 533,801 25% 1,153,000 983,138 TOTAL EXPENDITURES 2,136,138 Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2012 Ending Fund Balance as of 9/30/2012 284,000 249,806 25% 25% 533,806 25% (5) 5 5 $ 5 $ 18 CITY OF TEMECULA COMBINING STATEMENT OF NET ASSETS as of September 30, 2012 Insurance Fund ASSETS: Vehicles and Information Equipment Technology Fund Fund Support Facilities Services Fund Fund TOTAL Cash and Investments $ 709,914 $ 1,247,033 $ 705,156 $ 432,118 $ 392,707 $ 3,486,928 Receivables 981 1,718 8,639 1,336 2,260 14,934 Prepaid Assets 194,349 - - 194,349 Property, Plant, and Equipment (net of accumulated depreciation) 551,148 139,452 72,011 762,611 TOTAL ASSETS LIABILITIES AND NET ASSETS LIABILITIES: 905,244 1,799,899 853,247 505,465 394,967 4,458,822 Current Liabilities 173,553 Capital Leases Payable 135,751 11,282 100,491 421,077 104,835 - 104,835 TOTAL LIABILITIES NET ASSETS: TOTAL NET ASSETS NOTE: Balances are unaudited 173,553 135,751 116,117 100,491 525,912 $ 731,691 $ 1,799,899 $ 717,496 $ 389,348 $ 294,476 $ 3,932,910 19 CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET ASSETS REVENUES: Investment Interest Charges for Services TOTAL REVENUES EXPENSES: INTERNAL SERVICE FUNDS for the Three Months Ended September 30, 2012 Insurance Fund Vehicles and Information Equipment Technology Fund Fund Support Facilities Services Fund Fund TOTAL $ 882 $ 2,076 $ 790 $ 1,296 $ 311 $ 5,355 190,817 45,283 410,146 70,049 307,183 1,023,478 191,699 47,359 410,936 71,345 307,494 1,028,833 Salaries and Wages 14,650 281,119 27,872 108,099 431,740 Operating Expenses 175,682 133,722 11,257 182,184 502,845 Interest - - 4,622 - 4,622 Depreciation 41,492 15,471 8,290 65,253 TOTAL EXPENSES 190,332 41,492 430,312 52,041 290,283 1,004,460 Revenues Over/(Under) Expenses 1,367 5,867 (19,376) 19,304 17,211 24,373 Net Assets as of July 01, 2012 730,324 Net Assets as of September 30, 2012 1,794,032 736,872 370,044 277,265 3,908,537 $ 731,691 $ 1,799,899 $ 717,496 $ 389,348 $ 294,476 $ 3,932,910 20 CITY OF TEMECULA STATEMENT OF NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND as of September 30, 2012 CERBT FUND ASSETS: Cash and Investments $ 4,427,453 TOTAL ASSETS 4,427,453 LIABILITIES: Accounts Payable TOTAL LIABILITIES NET ASSETS: 4,427,453 Held in Trust for Retiree Benefits 4,427,453 TOTAL NET ASSETS NOTE: Balances are unaudited 21 $ 4,427,453 CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the Three Months Ended September 30, 2012 ADDITIONS CONTRIBUTIONS: Employer Investment Earnings CERBT FUND $ 78,899 248,297 TOTAL CONTRIBUTIONS 327,196 DEDUCTIONS: Benefits 78,899 TOTAL DEDUCTIONS 78,899 TOTAL ADDITIONS Net Assets as of 7!1!2012 4,179,156 Net Assets as of 9/30/2012 $ 4,427,453 22 Item No. 7 Approvals City Attorney Finance City Manager Mer- ocL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Senior Management Analyst DATE: December 11, 2012 SUBJECT: Union Bank Banking Services PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: 1. Approve a five-year agreement of the City's contract for banking services with Union Bank, N.A.; 2. Authorize the Acting City Manager and City Attorney to execute all necessary agreements. BACKGROUND: On September 24, 1996, the City Council awarded a professional services contract for banking services to Union Bank. This contract was awarded after an extensive request for proposal and interview process. On September 23, 2003, the City Council awarded a four-year extension of the City's contract through December 31, 2007, and on December 11, 2007, the City Council awarded a five year extension of the contract through December 2012. Union Bank is one of the 30 largest commercial banks in the United States. It has 407 domestic branches, the majority of which are in San Diego, Los Angeles and Orange Counties. The bank also has facilities in Arizona, Calgary, the Cayman Islands, Illinois, Nevada, New York, Texas, the District of Columbia, California, Oregon, and Washington, and two offices outside the United States. Union Bank has a very strong Government Services Department that exclusively handles public entities, ensuring that individuals experienced in meeting the needs of governmental entities service the City's accounts. City staff has been extremely satisfied with the service and cash management products that Union Bank has provided over the past sixteen years. Over the past contract periods, year, staff implemented a variety of cash management systems. These systems include Union Bank Online Business Center, which is used daily to download account balance and transaction detail information, to perform inquiries into the status of checks issued by the City, to perform stop payments and to transfer funds between City accounts when required. The City also uses the Union Bank Online Business Center to transmit direct deposit of payroll and benefit reimbursements to employees, as well as to transmit accounts payable information electronically to the bank's positive pay system to shield the City from potential fraud or defalcations on the City's account. The City also receives electronic fund transfers, generates wire transfers and Automated Clearing House (ACH) payments for items such as payroll taxes, accept credit cards, and to automate portions of the reconciliation of bank accounts. Currently, the City is working with Union Bank to implement various fraud protection services, such as ACH filters, IP restrictions, and Positive Payee Validation. The City is also currently reviewing its options to expand remote services to other departments which, if implemented, could result in additional operational efficiencies and lower costs for the City. Based upon staff's satisfaction with the services provided by Union Bank, as well as the amount of effort that has been invested over the past and current years to implement and enhance various banking and cash management systems, staff is recommending an extension of the City's professional services agreement for banking services with Union Bank. If the City were to change banking relationships at this time, considerable time, effort and cost would be required to implement a new set of banking systems, and staff would require any bank selected to have strong presence servicing other governmental entities. Union Bank has proposed enhancements to our agreement if the City were to agree, at this time, to extend the current five year extension contract (originally set to expire December 31, 2012) for another five years. These enhancements are: • Reducing the cost of various banking services that would equate to an annual savings of approximately $11,000. • Increasing the floor rate of return on the interest earnings credit generated on the City's account balance. This rate increase equates to reduced banking fees of approximately $150 for every $1 million balance in the bank. In accordance with California Government Code, the contract may be terminated with 30 days written notice by either party. FISCAL IMPACT: The cost of banking services will be offset against the interest earnings credit generated on the City's account balance. The net annual cost for banking services is expected to be approximately $76,000 per year. With the lower unit cost for banking services offered by Union Bank, the City will save approximately $11,000 per year, or approximately $55,000 over the entire five year recommended contract period. ATTACHMENT: Contract for Banking Services CONTRACT FOR BANKING SERVICES Between City of Temecula and Union Bank, N.A. This CONTRACT FOR BANKING SERVICES (hereinafter "Contract"), effective DECEMBER 31, 2012 by and between Union Bank, N.A. (hereinafter "Bank"), and the CITY OF TEMECULA (hereinafter "CITY"), is in accordance with California Government Code 53682. Whereas, in the judgment of the Treasurer this Contract is to public advantage; and Whereas, the CITY desires to secure a wide range of banking services to be provided by a single financial institution pursuant to a Contract; and, Whereas, Bank represents to the CITY that it meets the requisite legal and other qualifications and possesses sufficient financial strength and capacity to render the banking services sought by the CITY. Now, therefore, in consideration of mutual covenants, it is agreed that the Bank will service the CITY's banking needs for a contract period of five (5) years with an expiration date of December 31, 2017. Bank will guarantee fixed unit pricing for the banking services set forth on Exhibit A - Government Services Pricing Scenario -Price Schedule 03, attached hereto and incorporated herein for the entire contract period. City will be sole selector of services to be utilized. All other standard Bank terms and conditions apply, including standard pricing, except as set forth herein. Any mutual amendments to this contract will be an addendum to this contract. This Contract may be terminated on thirty (30) days written notice by either party disclosed in the Contract for Deposit of Moneys as required by the California Government Code. In witness whereof, the parties hereto have caused this agreement to be executed the day and year first above written City of Temecula Union Bank, N.A. Aaron Adams, Acting City Manager Vice President — Eileen L. Perez Dated: Dated: Attest: Susan W. Jones, MMC, City Clerk Dated: Approved as to form: Peter M. Thorson, City Attorney Dated: CODE BILLABLE DESCRIPTION UNION BANK GOVERNMENT SERVICES PRICING SCENARIO - PRICE SCHEDULE 03 EXHHIBIT A - City of Temecula October 2012 UNIT OF MEASURE Extended Current pricing for Temecula Proposed Proposed Unit Extended Variance VOLUME PHce$ PHce$ Price$ Price$ Extended (A) (D) (E((A)'(D) (E) (A)^(E) UB - COMP ACCOUNT ANALYSIS COMMENTS AAA003 ACCT MAINTENANCE - WEB 55.00/ACCOUNT 4 5.0000 20.00 10.0000 40.00 (20.00) SUBTOTAL 20.00 40.00 (20.00) ACCOUNT RECONCILIATION 1 ARP002 FULL RECON MONTHLY MAINT $35/ACCT/MONTH 2 35.0000 702101 50.0000 100.00 (30.00) ARP006 POS PAY MONTHLY MAINT 500/ACCT/MONTH 2 0.0000 0.001 0.0000 0.00 0.00 5.0000 5.00' 5.0000 5.00 0.00 ARP012 TRANSMISSION ISSUE INPUT -BASE 551TRANSMISSN 1 ARP013 TRANSMISSION ISSUE INPUT -ITEM $.0611TEM 3 0.0600 0.18 0.0600 0.18 0.00 ARP031 CHECK PAID TRUNCATED Tier1: 1 to 5200 610 0.1150 70.15 0.1150 70.15 0.00 ARP051 DAILY PAID REPORT 50.00/RPT 2 0.0000 0.00 1 0.0000 0.00 0.00 ARP061 OUTSTANDING ONLY REPORT $10.00/RPT 2 10.0000 20201 10.0000 20.00 0.00 0.00 ARP062 OUTSTANDING CHECK REGISTR-ITEM 435 0.0000 0.00 0.0000 0.00 12.5000 12.50 12.5000 12.50 0.00 ARP113 TRANSMISSION OUTPUT -PER TX 512.50/TRANS 1 ARP114 TRANSMISSION OUTPUT - PER ITEM $.025/ITEM 516 0.0250 12.90 0.0250 12.90 0.00 10.0000 2050 30.0000 60.00 (40.00) ARP143 IMAGE CD - ROM 510.00/CUTOFF 2 0.0500 30.50 0.0500 30.50 0.00 ARP 151 CHECK CAPTURE 5.05/ITEM 610 ARP200 WEB POS PAY -ACCOUNT BASE $00.00/ACCOUNT 2 0.0000 0.00 0.0000 0.00 0.00 1.2500 1.25 1.2500 1.25 0.00 ARP235 WEB POS PAY -EXCEPTIONS 51.25/EXCEPTION 1 0.0000 0.00 0.0000 0.00 0.00 ARP240 POSITIVE PAY-PNI EXCEPTIONS Tier1: 1 to 24 1 ARP245 WEB POS PAY -IMAGES $0.50/IMAGE 1 0.5000 0.50 0.5000 0.50 0.00 ARP260 WEB POS PAY -MANUAL ISSUE 50.25/ISSUE 9 0.2500 2.25 0.2500 2.25 0.00 ARP265 WEB POS PAY -IMPORTED ISSUE 50.18/ISSUE 501 0.1800 90.18 0.1800 90.18 0.00 ARP354 PAYEE NAME VALIDATION $.025/ITEM 0 0.0250 0.00 0.0000 0.00 0.00 Recommend Payee PP services SUBTOTAL 335.41 405.41 (70.00) TRANSPORTATION SERVICES CAR002 ARMORED CAR SERVICES Cost+10% 1 392.7000 392.70 482.5700 482.57 (89.87) Reduced from 35% to 10% markup. SUBTOTAL 392.70 482.57 (89.87) BUSINESS CHECKING CHK010 BRANCH DEPOSIT 52.00/DEPOSIT 17 2.0000 34.00 2.0000 34.00 0.00 CHK011 ELECTRONIC CREDIT $.15/EACH 42 0.1500 6.30 0.1500 6.30 0.00 CHK021 ELECTRONIC DEBIT 5.15/EACH 43 0.1500 6.45 0.1500 6.45 0.00 CHK111 BANK STATEMENT WEB 55.00/EACH 4 5.0000 20.00 5.0000 20.00 0.00 CHK750 DEPOSIT INSURANCE (000'3) 50.0894/1000 1265.0 0.0894 175.68 0.0894 175.68 0.00 SUBTOTAL 24243 212.43 0.00 CHECK PROCESSING JCKP120 CKP137 UB CHECKS -BRANCH DEPOSIT 50.09/ITEM 5 0.0900 0.45 0.0900 0.45 0.00 LOCALCLR.HSE.IBRANCH DEP. 50.10/ITEM 17 0.1000 1.70 0.1000 1.70 0.00 CKP138 LOCAL FED DIST 12- BRANCH DEP $.1411TEM 34 0.1400 4.76 0.1400 4.76 0.00 CKP139 OTHER FED -BRANCH DEPOSIT 5.15/ITEM 14 0.1500 2.10 0.1500 2.10 0.00 CKP150 UB CHECKS SERV. CTR DEPOSIT 5.050/ITEM 2 0.0500 0.10 0.0500 0.10 0.00 CKP 167 LOCAL CLR. HSEJSER. CTR $.0811TEM 40 0.0800 3.20 0.0800 3.20 0.00 CKP168 LOCAL FED DIST 12 -SERV CTR DEP 5.08/ITEM 139 0.0800 11.12 0.0800 11.12 0.00 CKP 169 I ENCODING FEE - SERV. CTR. DEP. $.0320/ITEM 193 0.0325 6.28 0.0325 6.28 0.00 CKP 170 OTHER FEO - SERV CTR DEPOSIT $.1011TEM 12 0.1000 1.20 0.1000 1.20 0.00 SUBTOTAL 30.91 30.91 0.00 I CLEARPAY _tCPY206 CPY207 ACH VENDOR MONTHLY BASE FEE 575/SET UP 1 75.0000 75.00 125.0000 125.00 (50.00) VENDOR ACH CREDIT TRANSACTIONS Tier1: 1 to 500 8 0.0800 0.64 0.0800 0.64 0.00 CPY232 VENDOR INPUT DATA TRANSMISSION $5.00 PER SEND 2 5.0000 10210 10.0000 20.00 (10.00) _ CPY406 - CPY407 ACH WEB MONTHLY BASE FEE 575.00/SET UP 2 75.0000 150.00 100.0000 200.00 (50.00) ACH WEB CREDIT TRANSACTION Tier1: 1 to 100 100 0.0000 0.00 0.0000 0.00 0.00 CPY407 ACH WEB CREDIT TRANSACTION Tier2: 101 to 999 999299 559 0.2500 139.75 0.2500 139.75 0.00 _ CPY417 ACH WEB RETURNS TRANSMISSION $5.00/ITEM 2 5.0000 10.00 5.0000 10.00 0.00 tCPY432 ACH WEB BATCH RELEASE 55.00(TRANSMISS 4 5.0000 20.00 6.0000 24.00 (4.00) SUBTOTAL 405.39 519.39 (114.00) CASH VAULT SERVICES CSH020 CURRENCY DEPOSITED - STRAPPED (000'3) 5.95/51000 0.2 0.9500 0.19 0.9500 0.19 0.00 CSH025 DEPOSIT -MIXED CASH CHECK 53.00/DEPOSIT 76 3.0000 228.00 3.0000 228.00 0.00 CSH028 DEPOSIT - CASH OR COIN ONLY 51.45/DEPOSIT 152 1.4500 220.40 1.4500 220.40 0.00 CSH030 CURRENCY DEPOSITED -UNSTRAPPED (000'351.20/51000 46.0 1.2000 55.20 1.2000 55.20 0.00 CSH035 DEPOSIT ADJUSTMENT 57.00/ADJ. 1 7.0000 7.00 7.0000 7.00 0.00 SUBTOTAL 510.79 510.79 0.00 COMMERCIAL CUSTOMER SERVICE (COST EQUALS PRICE FOR MODEL) CSU170 LAIF REDEMPTION 500.00/EACH 3 0.0000 0.00 20.0000 60.00 (60.00) CSU 171 LAIF INVESTMENT $00.00/EACH 1 0.0000 0.00 20.0000 20.00 (20.00) SUBTOTAL 0.00 80210 (00.00) I CUSTOMER SERVICE ACTIVITIES CUS045 PRINTER CHARGES Cost+20% 1 429.6000 429.60 716.2200 716.22 (286.62) Reduced from 100% to 20%mark up. CUS301 NON -CUSTOMER CASH PAID ON -US $5.00 PER CHECK 3 5.0000 15.00 5.0000 15.00 0.00 No cost SUBTOTAL 444.60 731.22 (286.62) ELECTRONIC PAYMENT AUTHORIZAT EPA001 EPA SETUP $25.00/SET UP 0 0.0000 0.00 0.0000 0.00 0.00 Recommended new services EPA006 EPA MONTHLY MAINTENANCE Tierl:1 to 1 0 10.0000 0.00 0.0000 0.00 0.00 Ach fraud filters EPA010 EPA FILTER MAINTENANCE 55.00/CHANGE 0 2.0000 0.00 0.0000 0.00 0.00 EPA036 EPA ACTIVITY REPORT $10.00/MONTH 0 5.0000 0.00 0.0000 0.00 0.00 EPA037 EPA DAILY REPORT 510.00/MONTH 0 5.0000 0.00 0.0000 0.00 0.00 SUBTOTAL I_ 0.00 0.00 0.00 CODE BILLABLE DESCRIPTION UNION BANK GOVERNMENT SERVICES PRICING SCENARIO - PRICE SCHEDULE 03 EXHHIBIT A - City of Temecula October 2012 UNIT OF MEASURE VOLUME (A) Proposed Price$ (D) Extended Proposed Price$ (E IF(A)'(D) Current pricing for Temecula Unit Extended Variance Price$ Price$ Extended (E) (A)^(E) UB - COMP COMMENTS ELECTRONIC TAX DEPOSIT ETD130 WEB INSTATAX MONTHLY MAINT $5.00(EACH 2 5.0000 10.00 5.0000 10.00 0.00 ETD132 WEB INSTATAX PAYMENT $1.50/EACH 2 1.5000 3.00 1.5000 3.00 0.00 13.00 13.00 0.00 SUBTOTAL IMCGE CHECK ICK221 REMOTE DEPOSIT MONTHLY MAINT $50/MONTH 1 50.0000 50.00 125.0000 125.00 (75.00) ICK222 REMOTE DEPOSIT ADD'L ACCT Tier1: 1 to 5 0 50.0000 0.00 50.0000 0.00 0.00 ICK240 REMOTE DEPOSIT ON US $.0811TEM 21 0.0800 1.68 0.0800 1.68 0.00 ICK241 REMOTE DEPOSIT PER TRANSIT $.0811TEM 493 0.0800 39.44 0.1000 49.30 (9.86) ICK291 REMOTE DEPOSIT PER DEPOSIT $.75/DEPOSIT 24 0.7500 18.00 1.0000 24.00 (6.00) SUBTOTAL 109.12 199.98 (90.86)_ CHECK IMAGE IMG401 100 MONTHLY MAINTENANCE FEE $5.00 PER MONTH 1 5.0000 5.00 5.0000 5.00 0.00 0.0000 0.00 0.0000 0.00 0.00 IMG402 100 PER ITEM FEE Tier1: 1 to 100 3 SUBTOTAL 5.00 5.0 0.00 INFORMATION REPORTING INF408 WEB PRIOR DAY REPORT ACCOUNT Tier1: 1 to 1 1 35.0000 35.00 60.0000 60.00 (25.00) INF408 WEB PRIOR DAY REPORT ACCOUNT Tier2: 2 to 10 2 35.0000 70.00 60.0000 120.00 (50.00) INF411 WEB PD BALJSUM UPDATED $0.10/ITEM UPDT 811 0.0800 64.88 0.1000 81.10 (16.22) 0.0800 38.72 0.1000 48.40 (9.68) INF412 WEB PD TRANSACTIONS UPDATED $0.10(ITEM UPDT 484 INF413 WEB CD BALISUM UPDATED $0.10(ITEM UPDT 253 0.0800 20.24 0.1000 25.30 (5.06) INF414 WEB CD TRANSACTIONS UPDATED $0.10/ITEM UPDT 204 0.0800 16.32 0.1000 20.40 (4.08) INF429 WEB CURRENT DAY REPT ACCOUNT Tier1: 1 to 1 1 50.0000 50.00 75.0000 75.00 (25.00) INF429 WEB CURRENT DAY REPT ACCOUNT Tier2: 2 to 999,999,999 2 50.0000 100.00 65.0000 130.00 (30.00) SUBTOTAL 395.16 560.20 (165.04) DEPOSITED ITEMS RETURNED RET062 DEPOSITD ITEMS RETURND-RECLEAR $2.50(ITEM 2 2.5000 5.00 2.5000 5.00 0.00 RET063 DEPOSITD ITEMS RETURND-CHRGBK $6.25(ITEM 6 6.2500 37.50 6.2500 37.50 0.00 RET411 WEB RI INQ ITMS AVL FOR INQ $1.50/ITEM 2 1.0000 2.00 1.5000 3.00 (1.00) SUBTOTAL 44.50 45.50 (1.00) OFFICE CASH SERVICES R00003 CURRENCY FURNISHED $1.30$1000 2,351 0.0013 3.06 0.0013 3.06 0.00 SUBTOTAL 3.06 3.06 0.00 COMMERCIAL CUSTOMER SUPPLIES SUP004 CASH VAULT BAGS -SMALL $22.70/PER BOX 10 22.7000 227.00 22.7000 227.00 0.00 SUP120 SUPPLIES SHIPPING Cost+15% 18 20.6900 20.69 20.9900 20.99 (0.30) SUP205 SUPPLIES -SALES TAX 18 17.6000 17.60 17.6000 17.60 0.00 SUBTOTAL 265.29 265.59 (0.30) TEAM STOP PAYMENTS TSP410 WEB ACCT RECON STOP PMT $10.00/STOP PAY 3 10.0000 30.00 10.0000 30.00 0.00 TSP418 WEB STOP PAYMENT RENEWAL $10.00/RENEWAL 8 0.0000 0.00 0.0000 0.00 0.00 TSP450 WEB STOP SINGLE INQUIRY $2.00(INQUIRY 0 2.0000 0.00 0.0000 0.00 0.00 TSP994 WEB NUMBER STOP ACCOUNTS STOP ACCOUNT 4 0.0000 0.00 0.0000 0.00 0.00 SUBTOTAL 30.00 30.0 0.00 WIRE TRANSFERS WIR001 INCOMING DOMESTIC REPETITIVE $5NVIRE 2 5.0000 10.00 10.0000 20.00 (10.00) SUBTOTAL 10.00 20.0 (10.00) ELECTRONIC WIRE TRANSFER WTM436 ACCT TRANSFER END-OF-DAYNVEB $2.50/EACH 2 2.5000 5.00 2.5000 5.00 0.00 WTM442 WIRE TRANSFER MONTHLY FEE/WEB $25.00/EACH 1 25.0000 25.00 50.0000 50.00 (25.00) WTM443 OUTGOING DOMESTIC WIRENVEB Tier1: 1 to 100 1 8.0000 8.00 9.5000 9.50 (1.50) SUBTOTAL 36.00 64.50 (26.50) ZERO BALANCE ACCOUNTS ZBA002 SUB LEVEL 1 Tier1: 1 to 1 1 20.0000 20.00 35.0000 35.00 (15.00) SUBTOTAL 20.00 35.00 (15.00) MSCELLANEOUS CPT001 Corp Trust Trustee Fees 1 875.0000 875.00 875.0000 875.00 0.00 875.00 875.80 0.00 SUBTOTAL TOTAL 4190.36 5159.55 (969.19) Proposed Monthly Price Proposed Annual Price Monthly Fee Reduction with new pricing: Annual fee reduction savings: CONTRACT: $4,190.36 > MULTI-YEAR RENEWAL OPTIONS UMITED TO: FIVE FIXED YEARS $50,284.32 > AVAILABILITY SCHEDULE: STANDARD GOVERNMENT > UNCOLLECTED FUNDS ADVANCE RATE @ RR +4% 4969.19 > ANALYSIS SETTLEMENT = QUARTERLY with COMP BAL $11,630.28 > ECR=91 DAY TB = ENHANCED 0.20% until 91 Tbill reaches 0.20% Balance Collateralization/Other Regulatory Fees: While Union Bank does not have immediate plans to assess charges for collateralizing Public Funds, the cost of collateral is expected to increase due to changes in FDIC insurance coverage rules and Basel III accounting standards, and other foreseen and unforeseen regulatory developments. We reserve the right to assess charges for increased collateral costs related to changes in the regulatory environment. Additionally, Union Bank reserves the right to assess or increase fees and charges related to the increased costs of providing any of its products or services to the public agency when incurred by Union Bank as a result of changes in the legal or regulatory environment. 'This document is exempt from public disclosure pursuant to California Government Code Section 6254(K) as that section is further defined by sections 6275 and 6276.44 of said Government Code and by the Uniform Trade Secrets Act (California Code Section 3426-3426.11 inclusive). Please refer to the Government Services Schedule of Fees for additional service fees and charges not identified on the Bid Form 2 Item No. 8 Approvals City Attorney Finance City Manager fhr+� OuL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: December 11, 2012 SUBJECT: Approval of Fair Political Practices Form 806 Regarding the Appointment of City Council Members to Compensated Positions on Regional Boards RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS BACKGROUND: Temecula Council Members have abstained from voting on motions to appoint them to positions on regional boards that provide stipends to appointed members. These boards are: 1. Riverside County Habitat Conservation Agency; 2. Riverside County Transportation Commission (RCTC); 3. Riverside Transit Agency (RTA); 4. Western Riverside Council of Governments (WRCOG) 5. Western Riverside County Regional Conservation Authority (RCA); Earlier this year, the Fair Political Practices Commission ("FPPC") voted to adopt FPPC Regulation 18705.5 that now clearly authorizes public officials to vote on their own appointments to compensated positions on various types of boards and commissions. For example, _hese can include boards of county sanitation districts, joint powers authorities and local area planning organizations. A copy of the new regulation, California Code of Regulation, Title 2, Section 18705.5 and Form 806, is attached. However, before a public official may participate in a decision to appoint him- or herself to a compensated position, Section 18705.5 requires a new Form 806 be adopted by the public agency and posted on its website. Form 806 requires public agencies to list the following: (1) each appointed position for which compensation is paid; (2) the salary or stipend for each appointed position; (3) the name of the public official who has been appointed to the position and the name of the public official, if any, who has been appointed as an alternate; and (4) the term of the position. The City Clerk has compiled the necessary information from the regional boards that the Mayor and Council serve on for which compensation is received. This information has been included on the attached Form 806, which serves as the City's report of all compensated public official appointments. Upon adoption of Form 806, the City is required to post the Form 806 on the City's website. As new appointments are made, Form 806 must be amended to reflect those new appointments. After its initial adoption, Form 806 will need to be updated from time to time to reflect current Council appointments. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 12- 2. FPPC Regulation No. 18705.5 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Fair Political Practices Commission has recently adopted California Code of Regulation, Title 2, Section 18705.5 that authorizes public officials to vote on their own appointments to compensated positions on boards and commissions provided that the public official's appointing body adopts and then posts on its website a completed Form 806 listing each appointed position for which compensation is paid to the public official. Section 2. The City Council hereby approves Fair Political Practices Commission Form 806, attached hereto as Exhibit A to this Resolution, disclosing the appointment of Council Members to compensated positions. Section 3. The City Council hereby authorizes and directs the City Clerk to execute Form 806 and to post the Form on the City's website. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 2012. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Resos 12- 1 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 lltn day of December, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: None Susan W. Jones, MMC City Clerk Resos 12- 2 EXHIBIT A Agency Report of: Public Official Appointments A Public Document 1. Agency Name City of Temecula California 806 Form V For Official Use Only Division, Department, or Region (If Applicable) Designated Agency Contact (Name. Title) Susan W. Jones, City Clerk Page 1 of 2 Date Posted: Area Code/Phone Number 951-694-6421 E-mail susan.jones@cityoftemecula.org (Month, Day, Year) 2. Appointments Agency Boards and Commissions Name of Appointed Person Appt Date and Length of Tenn Per MeetinglAnnual SalarylStipend Riverside County Habitat Conservation Agency Edwards, Maryann Name (Last, Fest) Washington, Chuck Alternate, if any (Last, Fru) ► 01 /24/12 Appl Date ► 1 year Length of Term ► Per Meeting: $ 100.00 ► Estimated Annual: ❑ $0-$1,000 ❑ $2,001-$3,000 ®$1,001-$2,000 0 Otho Riverside County Transportation Commission (RCTC) Roberts, Ron .Name (Last F,st) Comerchero, Jeff Alternate, if any iLast, T;rx) ► 01 /24/12 App Dote ► 1 year Length of Term ► Per Meeting: $ 100.00 ► Estimated Annual: 0 $0-$1.000 © $2,001-$3,000 ❑ $1,001-$2,000 0 Other Riverside Transit Agency (RTA) Comerchero, Jeff .Name Edwards, Maryann Alternate, if any (Last, First) ► 01 /24/12 Appt Dale ► 1 year Lance h of Tn.m ► Per Meeting: $ 150.00 ► Estimated Annual: ❑ $0-$1,000 0 $2,001-$3,000 ❑ $1,001-$2,000 X❑ 4,000 Ofha Western Riverside Council of Governments (WRCOG) Washington, Chuck Name (Las!, Fos:) Roberts, Ron Alternate, if any ► 01 /24/12 Appt Date ► 1 year Length of Tam ► Per Meeting: $ 150.00 ► Estimated Annual: 0 $0-$1,000 ® $2,001-$3,000 ❑$1,001-$2,000 0 Other 3. Verification I have read and understand FPPC Regulation 18705.5. I have verified that the appointment and information identified above is true to the best of my information and belief. Signature of Agency Head or Designee Print Name ride (Month, Da„ Year) Comment* FPPC Form 806 (5/12) FPPC Toll -Free Helpline: 8661ASK-FPPC (866/275-3772) Agency Report of: Public Official Appointments A Public Document 1. Agency Name City of Temecula California Q O c Form v �,7 For Official Use Only Division, Department, or Region (If Applicable) Designated Agency Contact (Name, Title) Susan W. Jones, City Clerk Page 2 of 2 Date Posted: Area Code/Phone Number 951-694-6421 E-mail susan.jones@cityoftemecula.org (Month, Day, Year) 2. Appointments Agency Boards and Commissions Name of Appointed Person Appt Date and Length of Term Per Meeting/Annual Salary/Stipend Western Riverside County Regional Conservation Authority (RCA) Edwards, Maryann Name (Las(, Arlt) None Alternate, if any (Las!, Prst) ► 01 /24/12 Appt Dao 1 year Longth W Toon ► Per Meeting: $ 100.00 ► Estimated Annual: 01$0-$1.000 ❑ $2,001-$3,000 ® $1,001-$2,000 0 Other ►Name (Last First) Alternate, if any (Las(. First) ► / / App( Dafe Length of Torn ► Per Meeting: $ Estimated Annual: 0 $0-$1,000 ❑ $2,001-$3,000 ❑ $1,001-$2,000 ❑ Other Name (Last First) Alternate, if any (Last. Firs!) ► / / App; Dufn Length of Term ► Per Meeting: $ ► Estimated Annual: ❑ $0-$1,000 ❑ $2,001-$3,000 ❑$1,001-$2,000 ❑ Other ►Name (test Fest) Alternate, if any (Last. Firs() ► / / Anrf Ouro Length of Term ► Per Meeting: $ ► Estimated Annual: ❑ $o-$1,00) 0 $2,001-$3,000 ❑ $1,001-$2,000 ❑ Ofhor 3. Verification I have read and understand FPPC Regulation 18705.5. I have verified that the appointment and information identified above is true to the best of my information and belief. Signature ofAgency Head or Oosignee Print Name Title (Month, Day, Year) Comment' FPPC Form 806 (5/12) FPPC Toll -Free Helpline: 866/ASK-FPPC (866/275-3772) (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18705.5. Materiality Standard: Economic Interest in Personal Finances. (a) A reasonably foreseeable financial effect on a public official's or his or her immediate family's personal finances is material if it is at least $250 in any 1 2-month period. When determining whether a governmental decision has a material financial effect on a public official's economic interest in his or her personal finances, neither a financial effect on the value of real property owned directly or indirectly by the official, nor a financial effect on the gross revenues, expenses, or value of assets and liabilities of a business entity in which the official has a direct or indirect investment interest shall be considered. (b) The financial effects of a decision which affects only the salary, per diem, or reimbursement for expenses the public official or a member of his or her immediate family receives from a federal, state, or local government agency shall not be deemed material, unless the decision is to appoint, hire, fire, promote, demote, suspend without pay or otherwise take disciplinary action with financial sanction against the official or a member of his or her immediate family, or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position, or when the member of the public official's immediate family is the only person in the job classification or position. (c) Notwithstanding subsection (b). pursuant to Section 82030(b)(2) and Regulation 18232, a public official may make, participate in making, or use his or her official position to influence or attempt to influence, a government decision where all of the following conditions are satisfied: (1) The decision is on his or her appointment as an officer of the body of which he or she is a member (e.g.. mayor or deputy mayor), or to a committee, board, or commission of a public agency, a special district, a joint powers agency or authority, a joint powers insurance agency or authority, or a metropolitan planning organization. (2) The appointment is one required to be made by the body of which the official is a member pursuant to either state law, local law, or a joint powers agreement. (3) The body making the appointment referred to in paragraph (1) adopts and posts on its website, on a form provided by the Commission. a list that sets forth each appointed position for which compensation is paid, the salary or stipend for each appointed position, the name of the public official who has been appointed to the position and the name of the public official, if any, who has been appointed as an alternate, and the term of the position. COMMENT: Cross-references: For the definition of "immediate family," see Government Code section 82029. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code. HISTORY 1. New section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 1.8312(d) and (e) (Register 98, No. 48). 2. Change without regulatory effect amending section heading filed 3-26-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 13). 3. Editorial correction of History 1 (Register 2000, No. 25). 4. Amendment of section heading and section filed 1-17-2001: operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 3). 5. Amendment of subsection (a) filed 1-16-2002; operative 2-15-2002 (Register 2002, No. 3). 6. Amendment of subsection (b) filed 6-21-2005; operative 7-21-2005 (Register 2005, No. 25). 7. Amendment of subsection (a) filed 12-18-2006; operative 1-17-2007. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of'Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 8. New subsections (c)-(c)(3) filed 4-23-2012; operative 5-23-2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2012, No. 17). Item No. 9 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Peter M. Thorson, City Attorney DATE: December 11, 2012 SUBJECT: Approval of Employment Agreement with Aaron Adams RECOMMENDATION: Approve the Employment Agreement for Aaron Adams. DISCUSSION: On November 27, 2012 the City Council appointed Aaron Adams as the Acting City Manager. Council directed the City Attorney to prepare an Employment Agreement for Mr. Adams. The Employment Agreement includes the following terms: 1. Mr. Adams will serve as the Acting City Manager until such time as the City Council appoints a new City Manager or removes him from the position of Acting or Interim City Manager. In this position, Mr. Adams will have the full authority and responsibility of the City Manager under the Temecula Municipal Code and the Government Code. The Council may change the title of Mr. Adams position to Interim City Manager and the terms of the Agreement will remain the same. 2. Mr. Adams salary will be increased from $182,000 to $192,000 per year due to the increased responsibilities of being the Acting City Manager. 3. Mr. Adams will receive the same benefits as he receives in his former position as Executive Director of Community Services pursuant to the provisions of the City's Management Compensation Plan. 4. In the event the Council selects someone other than Mr. Adams as permanent City Manager or removes Mr. Adams from the position of Acting City Manager, Mr. Adams shall be returned to his position of Executive Director of Community Services or a comparable position of Assistant City Manager at his salary of Executive Director of Community Services. 5. In the event Mr. Adams is terminated as a City employee, he shall receive a lump sum amount equal to his then -monthly salary for a period of six months or such time as remaining on the term of his Agreement, plus health insurance, unless he is convicted or a felony or engaged in corrupt or willful misconduct. FISCAL IMPACT: Approximately $10,000 per year in increased salary plus commensurate increases in taxes, retirement, and insurance costs that are based on salary. ATTACHMENT: Employment Agreement for Aaron Adams Draft: December 6, 2012 EMPLOYMENT AGREEMENT FOR AARON ADAMS THIS EMPLOYMENT AGREEMENT is entered into as of December 11, 2012 between the City of Temecula, a municipal corporation ("City"), and Aaron Adams, an individual ("Adams"). In consideration of the mutual promises contained herein, the parties agree as follows: 1. Recitals. The parties agree that this Agreement is made with respect to the following facts and purposes which the parties agree to be true and correct: A. Adams is currently employed by the City as its Executive Director of Community Services. B. On November 27, 2012 the City Council appointed Adams as the Acting City Manager, but did not address compensation at that time. C. The City Council desires to encourage the highest standards of fidelity and public service on the part of Employee. D. The Parties desire to provide a reasonable degree of employment security during the term of this Agreement, while providing a just means for terminating Employee's services, should cause exist. E. The parties further desire to establish certain benefits and certain conditions of Employee's employment. F. The Council and Adams desire to confirm the terms and conditions of this appointment and to provide a salary increase to Adams acknowledging the increased work and responsibility of the position of Acting City Manager. 2. Duties. City agrees to employ Adams as Acting City Manager of City to perform the functions and duties specified in the Temecula Municipal Code and the California Government Code and to perform such other legally permissible and proper duties and functions as may be assigned from time to time. Adams shall not consult or engage in other non -City connected business or consulting without the prior knowledge and express written approval of the City Council, provided, however, Adams shall be permitted to instruct, write, teach and lecture on Adams's time off. 3. At -Will Employment; Termination. A. Adams shall serve as Acting City Manager until such time as the Council appoints a permanent City Manager and that person assumes the duties of City Manager or the Council removes Adams from the position of Acting City Manager. Adams' service as Acting City Manager is as an at -will employee serving at the pleasure of the City Council in this position subject to the terms of this Agreement. City Council may terminate this Agreement and Adam's tenure as Acting City Manager at any time without notice and without cause. 11086-000111513595 v1.doc Draft: December 6, 2012 B. In the event Adams is not appointed permanent City Manager or is removed from the position of Acting City Manager by the City Council, Adams shall be entitled to return to his position as Executive Director of Community Services at the salary and benefits he was paid prior to his appointment as Acting City Manager. In the event the position of Executive Director of Community Services has been filled, Adams shall be entitled to be returned to the position of Assistant City Manager at the salary and benefits he was paid as Executive Director of Community Services prior to his appointment as Acting City Manager. Except as to the terms for continuing employment under this paragraph and severance immediately below, this Agreement will automatically terminate without need of further action upon Adams' termination or transfer from the position of Acting City Manager. C. In the event that (1) Adams is terminated by the City Council from his employment with the City or (2) in the event that within ninety (90) days following appointment of a new City Manager other than Adams, the new City Manager terminates Adams from his employment with the City, the following severance provisions shall apply to Adams: 1) City shall pay Adams a lump sum amount equal to his then -monthly salary for a period of six (6) months, or such time as is remaining on the term of this Agreement, whichever is less, subject to the provisions of Section 3.C.2) of this Agreement. During said period, City shall also provide to Adams, at no cost to Adams, the health insurance benefits provided by Paragraph 5 of this Agreement. Adams shall not be entitled to retirement or leave benefits during this period, or any other benefit not permitted by law. This severance benefit shall not apply if Adams resigns or if this Agreement expires without a written amendment extending it. 2) City shall not be obligated to provide the severance benefits designated in Paragraphs 3.C.1) in the event that: (1) Adams is terminated because of his conviction of a felony or the filing of a criminal charge against him alleging a felony which subsequently results in his conviction of a felony (including a plea of nolo contendre thereto); or (2) Adams has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. In the event Adams is terminated by City following the filing of felony charge or charges, Adams shall be entitled to such severance benefits commencing at the time a final judgment is rendered or disposition of the charges is made establishing that Adams did not commit the acts for which he was charged unless it is otherwise established that employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. 3) The provisions of this Paragraph 3.0 shall terminate and be of no further force and effect in the event of an upon the signing of an employment agreement by Adams and the new City Manager. D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing thirty (30) days prior written notice to the City or such shorter period as approved in writing by the City Council. E. Notwithstanding any other provision or the term of this Agreement, the maximum severance and health insurance benefits that Employee may receive under this Agreement as a -2- 11086-000111513595 v1.doc Draft: December 6, 2012 result of termination, shall not exceed the limitations provided in Government Code §§ 53260- 53264. 4. Salary. While serving as Acting City Manager, Adams shall be paid a salary of one hundred ninety two thousand dollars ($192,000) per year, effective as of the date of appointment and payable on City's regular paydays. 5. Hours of Work, Leaves, Holidays, Retirement, Insurance, Auto Allowance And Other Fringe Benefits. During his tenure as Acting City Manager, the following provisions relating to Adams' hours of work, retirement, insurance, leaves and holidays shall be applicable to Adams: A. Employee's duties may involve expenditures of time in excess of eight (8) hours per day, forty (40) hours per week, and may also include time outside normal office hours such as attendance at City Council and other meetings. Employee's salary is compensation for all hours worked and Employee shall be exempt from paid overtime compensation. B. Employee shall be entitled to such leaves, holidays, retirement, insurance, auto allowance and other fringe benefits as are provided in the benefits package for employees in the Executive Management Group under the City's Management Compensation Plan. Such benefits shall be paid on the same basis as paid for employees in the Executive Management Group. C. Employee is currently in the position of Executive Director of Community Services for City. Employee's seniority, employment anniversary date and accumulated leaves shall remain in effect and shall not be terminated or modified by this Agreement. This Agreement is intended to continue the employment of Employee without interruption. D. Adams' employment is subject to the provisions of the City's Management Compensation Plan, provided that if there are any inconsistencies between the Management Compensation Plan, the provisions of this Agreement shall prevail. 6. Term. The term of this Agreement shall be from November 27, 2012 to December 10, 2013. 7. General Provisions. A. This Agreement contains the entire understanding between the parties relating to the obligations and benefits 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 except for Adams employment agreement dated as of November 14, 2006. In the event of any inconsistency between this Agreement and the employment agreement of 2006, the terms of this Agreement shall prevail. B. 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. -3- 11086-000111513595 v1.doc Draft: December 6, 2012 C. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial, tax and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement. D. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. -4- 11086-000111513595 v1.doc Draft: December 6, 2012 IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY OF TEMECULA Chuck Washington Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney EMPLOYEE -5- 11086-000111513595 v1.doc Aaron Adams Item No. 10 Approvals City Attorney Finance 11 City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Acceptance of a Declaration of Dedication for "Public Service Use" within existing Jedediah Smith Road Right -of -Way PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION FOR "PUBLIC SERVICE USE" WITHIN EXISTING JEDEDIAH SMITH ROAD RIGHT-OF-WAY BACKGROUND: In December 2006, the City of Temecula completed construction of certain underground box culvert improvements ("Improvements") within an unimproved portion of Jedediah Smith Road as part of the Wolf Creek CFD 03-03. The Improvements were constructed to convey storm water runoff from the developed Wolf Valley watershed to Temecula Creek. The portion of Jedediah Smith Road containing the Improvements is located north of Pechanga Parkway and west of Loma Linda Road and more particularly described in Exhibits 'A' and 'B' attached. In accordance with an "Infrastructure Funding and Acquisition Agreement (Wolf Valley Creek Channel),' executed on March 1 2004 by the Riverside County Flood Control & Water Conservation District (District), the City of Temecula, Temecula Public Financing Authority and Wolf Creek Development, LLC, the City is required to transfer the completed Improvements to the District for ownership, operation and maintenance. The District is now prepared to accept the Improvements in accordance with the terms of said Agreement. Prior to final acceptance of the Improvements, the District requires that the Improvements be located within a drainage easement owned exclusively by the District. Accordingly, the City intends to transfer ownership of the current Jedediah Smith Road right-of-way ("ROW") containing the Improvements to the District. The ROW was originally dedicated to the County of Riverside by the property owner, Kaiser Rancho California, Inc., pursuant to a Declaration of Dedication recorded on April 9, 1975 as Document Number 040378 of Official Records of the County of Riverside. The Declaration of Dedication irrevocably dedicated in perpetuity to the County of Riverside the ROW for "public road purposes, including public utility and public service uses." Under Section 8306(a) of the California Streets and Highways Code, "storm drains, drainage and canals" are considered public service uses. On July 28, 1981, the County formally accepted the ROW offer as described in the Declaration of Dedication for "public road purposes and utility uses". The County's resolution of acceptance, however, omitted the "public service uses" clause. Consequently, the City now needs to formally accept the original offer that includes the "public service uses" to properly quitclaim the public service use easement to the District. The District has requested that the City vacate the "public road purposes" designation of the ROW and that it retain the public service designation prior to transferring the ROW to the District. The District seeks to accept the quitclaim exclusively for public service use purposes. The City Council will consider the vacation of the right-of-way for "public road purposes" and the final quit claim of the public service use/drainage easement at a later date. The above proposed actions will not impact the public utility uses. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 12- 2. Exhibit 'A' — Legal Description 3. Exhibit 'B' — Plat Map RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION FOR "PUBLIC SERVICE USE" WITHIN EXISTING JEDEDIAH SMITH ROAD RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The Wolf Valley Creek Channel, Stage 1 underground box culvert improvements (Project No. 7-0-00260) were constructed between Loma Linda Road and the Temecula Creek to convey storm water runoff from the Wolf Valley watershed to Temecula Creek as part of the Wolf Creek CFD 03-03. The City completed the improvements in December 2006. Section 2: The Riverside County Flood Control and Water Conservation District (DISTRICT) is prepared to accept the Wolf Creek Channel, Stage 1 improvements for ownership and maintenance in accordance with the terms of the "Infrastructure Funding and Acquisition Agreement (Wolf Valley Creek Channel)", executed on March 1, 2004 by the DISTRICT, the City of Temecula, Temecula Public Financing Authority and Wolf Creek Development, LLC. Section 3: The improvements were constructed within an unimproved portion of Jedediah Smith Road right-of-way ("ROW") located north of Pechanga Parkway and west of Loma Linda Road and more particularly described in Exhibits `A' and `B' attached; Section 4: The ROW was originally dedicated to the County of Riverside by the property owner, Kaiser Rancho California, Inc., pursuant to a Declaration of Dedication recorded on April 9, 1975 as Document Number 040378 of Official Records of the County of Riverside. Section 5: The Declaration of Dedication irrevocably dedicated in perpetuity to the County of Riverside the ROW for "public road purposes, including public utility and public service uses." Under Section 8306(a) of the California Streets and Highways Code, "storm drains, drainage and canals" are considered public services uses. Section 6: On July 28, 1981, the County of Riverside formally accepted the ROW offer as described in the Declaration of Dedication for "public road purposes and utility uses". The County's resolution of acceptance, however, omitted the "public services uses" clause. To properly convey an easement to the DISTRICT for drainage purposes, the City desires to formally accept the original offer of dedication, including the offer for "public service uses". Section 7: The City Council of the City of Temecula hereby accepts in its entirety, the offer of dedication of that portion of Jedediah Smith Road dedicated for public road purposes, including public utility and public service uses by Declaration of Dedication recorded April 9, 1975, as Instrument No. 40378, Riverside County Records and as described in Exhibits 'A' and `B' attached hereto. This acceptance of the above offer of dedication is not an acceptance of the subject portion of Jedediah Smith Road into the City -Maintained System. Section 8: The City Clerk shall certify the adoption of this resolution and shall cause a certified copy of this resolution to be recorded in the Office of the Recorder of Riverside County, California. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 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 December, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" JEDEDIAH SMITH ROAD OFFER OF DEDICATION That portion of Jedediah Smith Road, 110 feet in width, situated in the City of Temecula, County of Riverside, State of California, as dedicated for public road purposes, including public utility and public services uses, by Declaration of Dedication recorded April 9, 1975, as Instrument No. 40378, in the office of the County Recorder of the County of Riverside, State of California more particularly described as follows: BEGINNING at the Southeasterly terminus of that certain course having a bearing and distance of South 47°44'36" East 2543.13 feet as described in the deed to John A. Murdy Jr. and Norma L. Murdy recorded December 30, 1966, as Instrument No. 123991, in the office of the County Recorder of said County of Riverside, said certain course also being the center line of Pala Road, 60.00 feet wide, as shown on the Record of Survey filed in Book 54, Pages 89 and 90 of Record of Surveys in the office of the County Recorder of said County of Riverside; thence North 42°35'01" East, 55.00 feet to a line parallel with and distant 55.00 feet Northeasterly, measured at right angles, from said center line of Pala Road; thence along said parallel line North 47°44'36" West, 932.52 feet to the TRUE POINT OF BEGINNING, said True Point of Beginning being the beginning of a Tangent curve, concave Northeasterly and having a radius of 1945.00 feet; thence Northwesterly along said curve through a central angel of 44°13'33" an arc distance of 1501.32 feet, thence North 3°31'03" West, 564.09 feet to a point in the Northerly boundary of the land described as the "Purchase Parcel" in the deed to Edward W. Forbes and Jacqueline S. Forbes recorded December 29, 1967 as Instrument No. 115528, in the office of the County Recorder of said County of Riverside, said point being in a non -tangent curve, concave Southerly and having a radius of 2300.00 feet, a radial line to said point bears North 11 °06'06" East; thence Westerly along said curve in said Northerly boundary through a central angle of 1°24'42", an arc length of 56.67 feet to an angle point in said Northerly boundary; thence along said boundary South 3°31'03" East, 335.36 feet to an angle point therein, said last mentioned angle point being a point in a curve, concave Southerly and having a radius of 1975.00 feet and being concentric with that certain curve hereinbefore described as having a radius of 2300.00 feet; thence Westerly along said curve, in said Northerly boundary through a central angle of 1°38' 56", an arc distance of 56.84 feet to a line parallel with and distant Westerly at right angles, 110.00 feet from that certain course hereinbefore described as having a bearing of North 3°31'03" West and a length of 564.09 feet; thence along said last mentioned parallel Zine South 3°31'03" East, 256.69 feet to the beginning of a tangent curve, concave Northeasterly and having a radius of 2055.00 feet, said curve also being concentric with that certain course hereinbefore described as having a radius of 1945.00 feet; thence Southwesterly along said curve through a central angle of 25°23'40", an arc distance of 910.81 feet to said first mentioned parallel line hereinbefore described as being 55.00 feet Northeasterly of the center line of said Pala Road; thence along said parallel line South 47°44'36" East, 663.32 feet to the TRUE POINT OF BEGINNING. EXHIBIT "B" attached hereto and by this reference made a part thereof. EXHIBIT "B" TO RESOLUTION NO. 12- JEDEDIAH SMITH ROAD OFFER OF DEDICATION 55' Pol N moo! N Q C) O N PARCEL 2 co n PM 17/72 DATA TABLE NO. BEARING/DELTA RADIUS LENGTH O N42°35'01 "E 55.00' O 44°13'33" 1945.00 1501.32' O NO3°31'03"W 564.09' ® 01°24'42" 2300.00 56.67' ® S03°31'03"E 335.36' ® 01°38'56" 1975.00 56.84' 0 S03°31'03"E 256.69' ® 25°23'40" 2055.00 91081' O 547°44'36"E 197.52' '1 S47°44'36"E 465.80' csk T.P.O.B. PARCEL 3 PM 17/72 P.O.B. Item No. 11 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Approval of Real Property Interest Purchase Agreement for acquisition of property from Metropolitan Water District for Western Bypass Bridge Project, PW06-04 PREPARED BY: Amer Attar, Principal Engineer William Becerra, Associate Engineer— CIP RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED REAL PROPERTY INTEREST PURCHASE AGREEMENT AND ENTRY PERMIT, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN CONNECTION WITH THE WESTERN BYPASS BRIDGE — PROJECT NUMBER PW06-04 2. Authorize the Acting City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions; 3. Authorize the Acting Chief Financial Officer to issue a warrant for the sum of $6,430 plus escrow fees for deposit with the Escrow Holder First American Title Insurance to complete the transaction. Escrow fees are estimated to not exceed $2,000. BACKGROUND: The Western Bypass Bridge Project (PW06-04) is a component of the future Western Bypass corridor. It will extend the Western Bypass from just west of its intersection with Old Town Front Street to Pujol Street. The proposed 288 foot bridge will span Murrieta Creek and provide four travel lanes and pedestrian access along both sides. Pujol Street will be extended approximately 1000 feet and serve as an interim connection for the Western Bypass. In furtherance of the project, the City has entered into a Real Property Purchase Agreement (RPPA) and an Entry Permit (EP) with the Metropolitan Water District of Southern California (MWD). The RPPA covers acquisition of three of five permanent easements needed for the project from MWD. These three permanent easements are for road purposes containing approximately 34,045 square feet for the Western Bypass Bridge Project from a portion of a larger parcel owned by MWD. These areas are encumbered by an easement for flood control purposes for Murrieta Creek. The subject Resolution would approve, in substantially the form attached, the Real Property Interest Purchase Agreement and Joint Escrow Instructions between the City of Temecula and Metropolitan Water District of Southern California for the acquisition of three permanent road easements with a total area of approximately 34,045 square feet for public street purposes and all uses necessary or convenient thereto, and identified as portions of Assessor's Parcel Number 922-110-021 and 922-210-011. The EP covers acquisition of the two remaining permanent easements from MWD and involves two slope areas that will be accessed during construction. Upon completion of construction, the entry permit will be replaced by two permanent slope easements. This will allow some minor adjustments to the slope areas, if needed, during construction. The entry permit is renewable on a yearly basis until such time as construction is completed. The total cost for the entry permit is $2000 which includes a $1,500 administrative fee and $500 usage fee. These are one-time fees payable at close of Escrow. Pursuant to Government Code Section 7267.2, the City Council set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on an October 13, 2010 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the required property rights for the construction of the Project. On March 30, 2011, the City extended a written offer to the record owner, MWD, to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser. MWD and City staff negotiated the City's acquisition of the Subject Property Interests and MWD accepted the City's offer. The Real Property Interest Purchase Agreement describes the details of the acquisition of the Subject Property Interests. The total purchase price for the Subject Property Interests is the fair market value of $4,430. Staff is proceeding with the necessary acquisitions such that the project can expediently begin construction should sufficient funding be identified. The parties agree that if construction of the project does riot commence within seven years from the date if execution of this agreement, the permanent easements will revert to MWD via quitclaim by the City. If the construction bidding process for the project has started within the seven year period, the City shall have the option to extend the period for another three years. The environmental effects were studied as an integral part of the Mitigated Negative Declaration for the Initial Study approved for the Project. The findings made by the City Council at its meeting on August 25, 2009 in approving the Mitigated Negative Declaration for the Initial Study are the appropriate findings for the acquisition of the Subject Property Interests. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Project, including, but riot limited to, the Mitigated Negative Declaration and the Initial Study. The Initial Study encompassed an Air Quality Technical Memorandum, Biological Resources Technical Memorandum, Burrowing Owl Survey Report, and Cultural Resources Technical Memorandum. There is no impact (or less than significant impacts) for the following environmental areas of concern: aesthetics, agricultural resources, geology & soils, hazards & hazardous materials, land use & planning, mineral resources, population & housing, public services, recreation, traffic & transportation, and utilities & service systems. The project has the potential to have significant air quality, biological resources, hydrology & water quality, noise impacts but can be adequately and feasibly mitigated. FISCAL IMPACT: This project is in the City's Capital Improvement Program, Fiscal Years 2013-2017. Funding sources include Transportation Uniform Mitigation Fee (TUMF) and Capital Project Reserves. The Project is identified in the TUMF Southwest Zone Transportation Improvement Program and is eligible for TUMF funding. Construction is contingent upon developer's participation and the appropriation of additional funds. The cost for the Real Property Interest Purchase Agreement is $4,430 and the cost for the Entry Permit is $2000 for a total cost of $6,430. Adequate funds for this acquisition are available in project account number 210.165.660.5700. ATTACHMENTS: 1. Resolution No. 12- 2. Real Property Interest Purchase Agreement 3. Permanent Easement Deed 4. Entry Permit RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THOSE CERTAIN AGREEMENTS ENTITLED REAL PROPERTY INTEREST PURCHASE AGREEMENT AND ENTRY PERMIT, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA IN CONNECTION WITH THE WESTERN BYPASS BRIDGE — PROJECT NUMBER PW06-04 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The Western Bypass Bridge Project (PW06-04) is a component of the future Western Bypass corridor. It will extend the Western Bypass from just west of its intersection with Old Town Front Street to Pujol Street. The proposed 288 foot bridge will span Murrieta Creek and provide four travel lanes and pedestrian access along both sides. Pujol Street will be extended approximately 1000 feet and serve as an interim connection for the Western Bypass. B. In furtherance of the project, the City has entered into a Real Property Purchase Agreement (RPPA) and an Entry Permit (EP) with the Metropolitan Water District of Southern California (MWD). The RPPA covers acquisition of three of five permanent easements needed for the project from MWD. These three permanent easements are for road purposes containing approximately 34,045 square feet for the Western Bypass Bridge Project from a portion of a larger parcel owned by MWD. These areas are encumbered by an easement for flood control purposes for Murrieta Creek. The EP covers acquisition of the two remaining permanent easements from MWD and involves two slope areas that will be accessed during construction. Upon completion of construction, and under the terms of the EP, the slope areas will be converted into two permanent slope easements in favor of the City. This will allow some minor adjustments to the slope areas, if needed, during construction. The EP is renewable at the request of the City on a yearly basis until such time as construction is completed. The total cost for the entry permit is $2000.00 which includes a $1,500.00 administrative fee and $500.00 usage fee. These are one-time fees payable at the close of escrow for the Permanent Easement Deed. C. Pursuant to Government Code Section 7267.2, the City Council set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on a October 13, 2010 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of required property rights for the construction of the Project. On March 30, 2011, the City extended a written offer to the record owner, MWD, to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser. D. MWD and City staff negotiated the City's acquisition of the Subject Property Interests and MWD accepted the City's offer. The Real Property Interest Purchase Agreement describes the details of the acquisition of the Subject Property Interests. The total purchase price for the Subject Property Interests is the fair market value of $4,430.00. Staff is proceeding with the necessary acquisitions such that the project can expediently begin construction should sufficient funding be identified. The parties agree that if construction of the project does not commence within seven years from the date if execution of this agreement, the permanent easements will revert to MWD via quitclaim by the City. If the construction bidding process for the project has started within the seven year period, the City shall have the option to extend the period for another three years. E. At its meeting of August 25, 2009, the City Council approved the Mitigated Negative Declaration encompassing an Air Quality Technical Memorandum, Biological Resources Technical Memorandum, Burrowing Owl Survey Report, and Cultural Resources Technical Memorandum. There is no impact (or less than significant impacts) for the following environmental areas of concern: aesthetics, agricultural resources, geology & soils, hazards & hazardous materials, land use & planning, mineral resources, population & housing, public services, recreation, traffic & transportation, and utilities & service systems. The project has the potential to have significant air quality, biological resources, hydrology & water quality, noise impacts but can be adequately and feasibly mitigated and the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Section 2. Approval of Real Property Interest Purchase Agreement and Entry Permit. A. The City Council of the City of Temecula hereby approves those certain agreements entitled "Entry Permit" and "Real Property Interest Purchase Agreement (Portions) APN(s): 922-110-021 and 922-210-011" with such changes in the Agreement as may be mutually agreed upon by MWD and the City Manager as are in substantial conformance with the form of such Agreements on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreements on behalf of the City. Copies of the final Agreements when executed by the Mayor shall be placed on file in the Office of the City Clerk. This approval of the Agreements is not an announcement of the City's intent to acquire any other real property interests for the Project and does not commit the City to acquire any other real property interests for the Proposed Project. Section 3. City Manager's Authority. A. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement, including but not limited to, approval and execution on behalf of the City of grant deeds, acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. Section 4. Environmental Analysis. A. The environmental effects were studied as an integral part of the Mitigated Negative Declaration for the Initial Study approved for the Project. The findings made by the City Council at its meeting on August 25, 2009 in approving the Mitigated Negative Declaration for the Initial Study are the appropriate findings for the acquisition of the Subject Property Interests. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Project, including, but not limited to, the Mitigated Negative Declaration and the Initial Study. Section 5. Certification. A. 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 December, 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 December, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk , California County of Riverside Deed No. REAL PROPERTY INTEREST PURCHASE AGREEMENT (Portions) APN(s): 922-110-021 and 922-210-011 Document No. in the form of a Grant Deed to the City of Temecula has been executed and delivered to the Department of Public Works of the City of Temecula ("City"). by the Metropolitan Water District of Southern California ("MWD"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The City and MWD ("parties") have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of all further obligations or claims on this account, or on account of the location, implementation. construction or operation of the public project except as otherwise provided herein. 2. The City requires the three (3) permanent road easements conveyed by the above-described Grant Deed (defined and delineated in paragraph 3 of this Agreement) from real property owned by MWD and designated as APN(s) 922-110-021 and 922-210-011 ("Larger Parcel") for the City's Western Bypass Bridge Project, a public use for which the City has authority to exercise the power of eminent domain ("Project"). MWD is compelled to sell, and City is compelled to acquire said property interests conveyed by the above document. Both City and MWD recognize the expense, time, effort and risk to both parties in determining the compensation for the property interests conveyed by the above document by eminent domain litigation; and the compensation set forth herein is in compromise and settlement, in lieu of such litigation. 3. The three (3) permanent road easements required by the City contain a total of approximately 34,045±square feet and is described on Exhibit A to this Agreement, and depicted on Exhibit B to this Agreement. The Easement Area is further delineated as Parcels 5B (3,628 sq. ft.), 6B (20,179 sq. ft.) and 7A (10,238 sq. ft.) on the Right of Way Map, attached as Exhibit C to this Agreement. Exhibits A, B and C are incorporated into this Agreement ("Easement Area"). 4. The City shall: a. Pay to MWD the sum of Four Thousand Four Hundred Thirty Dollars ($ 4,430.00) ("Purchase Price") for the Easement Area to the following title company: First American Title Company for the account of MWD (Order No. 0625-3390650), conditioned upon the property interest vesting in the City free and clear of all liens, leases, encumbrances, assessments and taxes except: i. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow, if any. ii. Covenants, conditions, restrictions and reservations of record, or contained in the above -referenced document. Page 1 of 4 iii. Easements or rights of way over said land for public or quasi -public utility or public street purposes, if any. b. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. Said escrow and recording charges shall not, however, include documentary transfer tax. c. Have the authority to deduct and pay from the compensation, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which escrow closes, together with penalties and interest hereon, and/or delinquentand unpaid non -delinquent assessments which have become a lien at the close of escrow. 5. MWD warrants that there are no oral or written leases on all or any portion of the Larger Parcel exceeding a period of one month, and MWD agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease, any claim for fixtures and equipment, and any and all claims arising out of said property held by any tenant of grantor for a period exceeding one month, if any. 5. MWD agrees that the right to possession and use of the subject property shall be given to City upon the recording of grantor's deed. 6. MWD and the signatories represent and warrant that the signatories to this Agreement are authorized to enter into this Agreement to convey real property interest herein and that nu other authorizations are required to implement this Agreement on behalf of MWD. 7. MWD understands and agrees that this purchase agreement is subject to and conditional upon approval of the City Council of the City of Temecula. 8. The parties agree that if construction of the project does not commence within seven (7) years from the date of this Agreement ("7 year period"), the Easement Area shall revert to MWD, and City agrees that it shall promptly quitclaim its interest in the Easement Area to MWD. For purposes herein, construction is commenced when the City, by and through its Department of Public Works, solicits construction bids for the Project. Further, the parties agree that if construction has not commenced at the end of the 7 year period, City shall have the option to extend the 7 year period for an additional three (3) years upon adequate assurance to MWD that City is in the process of commencing construction. For purposes herein, the 7 year period calculated from the date of the recording of the grant deed under this Agreement. 9. The parties further agree that if, upon completion of construction of the Project, it is determined that the actual as -built area of the Easement Area deviates from the Easement Area conveyed under this Agreement, City agrees that it will survey the actual as -built area. prepare corrected legal descriptions, and record an amended grant deed, based upon the corrected actual as -built area, all at City's sole cost and expense. All other terms of this Agreement shall remain the same, and MWD shall not be entitled to further compensation. For purposes herein, completion of construction means the improvements are substantially complete, as deemed by City. 10. The parties further agree that, simultaneously with the execution of this Agreement, the parties will enter into and execute a separate Right of Entry Agreement granting City use of the Slope Easement Page 2 of 4 Area necessary for the Project; upon completion of construction, MWD agrees to convey to City the area of the slope easements in permanent easements. 11. The Purchase Price of the Easement Area reflects the fair market value of the property without the presence of contamination. If the Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, City may elect to recover its clean-up costs from those who cause or contributed to the contamination. 12. MWD hereby authorizes the City to prepare and file escrow instructions in accordance with this agreement on behalf of both parties. 13. MWD and City hereby agree that the escrow conveying the described property shall close as soon as a duly executed deed is presented to the escrow agent for recordation. Said deed presentation shall occur within seven (7) days of approval of this purchase contract l4. This transaction will be handled through an escrow with First American Title, 323 Court Street, San Bernardino, CA 92401, Order No. 0625-3390650. l5. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one contract. 16. Any amendment of, or supplement to, any instruments must be in writing. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Grantor METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA. B ,f14- ✓ Y Ralph T. Hicks, nager Real Property & Development Management Group RECOMMENDED FOR ACCEPTANCE Grantee CITY OF TEMECULA, a municipal corporation By: Chuck Washington, Mayor By: Susan W. Jones, MMC, City Clerk Page 3 of 4 APPROVED AS TO LEGAL FORM: LAW OFFICES OF HERMAN H. FITZGERALD A Professional Corporation By: Christine C. Fitzgerald Attorney for City of Temecula By. ,John C. Clairday Attorney for MWD PSA 2012.1-30 I Page 4 of 4 EXHIBIT A 142-4-1.1PEC100 142-4-18PEC 100 RL 3085 Permanent Easement MWD To City of Temecula Those portions of Block 32 of the Town of Temecula, in the City of Temecula, County of Riverside, State of California, as shown on map recorded in Book 15, page 726 of Maps, and those portions of the Pauba Land and Water Company's Subdivision of the Temecula Rancho, as shown on map recorded March 15, 1888, in Book 11, page 507 of Maps, both in the Office of the County Recorder of San Diego County, within those parcels of land as conveyed to The Metropolitan Water District of Southern Califomia by Grant Deeds recorded January 04, 1968 as Instrument No. 930, and recorded May 01, 1972 as Instrument No. 55717, both of Official Records of Riverside County, all as shown on a Record of Survey filed in Book 127, pages 80 through 93, of Records of Survey of said County, described as follows: BEGINNING at the westerly terminus of the most northerly line of said Grant Deed recorded May 01, 1972; thence along the westerly line of said Grant Deed South 15'42' 05" East 199.96 feet to the beginning of a tangent curve, concave northeasterly having a radius of 3869.83 feet; thence southeasterly along said curve and said westerly line through a central angle of O1' 47' 56" an arc distance of 121.89 feet to an angle point in said westerly line; thence along a northerly line of said Grant Deed South 73'59'00" West 31.92 feet; thence leaving said northerly line South 15' 42' 05" East 198.13 feet to the beginning of a non -tangent curve, concave northerly having a radius of 1044.00 feet, a radial line to said point bears South 01°24' 52" West; thence easterly along said curve through a central angle of 0713' 21" an arc distance of 131.60 feet; thence leaving said curve on a non -radial line South 15'16' 05" East 16.22 feet to the beginning of a non -tangent curve, concave northerly having a radius of 1060.00 feet, a radial line to said beginning bears South 50' 57' 08" East; thence easterly along said curve through a central angle of 01:25' 47" an arc distance of 26.50 feet; thence on a tangent line North 82' 36' 56" East 22.93 feet to the easterly line of said Grant Deed recorded January 04, 1968 and the beginning of a non -tangent curve, concave northeasterly having a radius of 3739.83 feet, a radial line to said point bears South 68' 33'09" West; thence northerly along said curve through a central angle of Or 53' 17" an arc distance of 123.24 feet to the beginning of a non -tangent curve, concave northerly and having a radius of 940.00 feet, a radial line to said point bears South 0704'38" 1 of 2 EXHIBIT A 142-4-1.1 PEC 100 142-4-18PEC100 RL 3085 Permanent Easement MWD To City of Temecula East; thence leaving said easterly line westerly along said curve through a central angle of 02'19' 38" and arc distance of 38.18 feet; thence leaving said curve on a non -tangent line South 15'16' 05" East 16.21 feet to the beginning of a non -tangent curve concave northerly having a radius of 956.00 feet, a radial line to said point bears South 04° 55' 41" East; thence westerly along said curve through a central angle of 04'12' 57" an arc distance of 70.34 feet; thence leaving said curve on a non -tangent line North 15'42' 05" West 445.85 feet to the most northerly line of said Grant Deed recorded May 01, 1972; thence westerly along said northerly line South 74' 17'55" West 30.00 feet to the POINT OF BEGINNING. Subject to any and all existing uses, licenses, permits, easements, rights of way, covenants, conditions, and restrictions. All as shown on Exhibit B attached hereto and made a part hereof. END OF DESCRIPTION PREPARED UNDER MY SUPERVISION m. omas M. Bosserman P.L.S. 7328 / /1.0 o Date PG1N\j:\SanDiego4Pipline\ROW \ LEGAL \ 142.41.1PEC100.doc lune 17, 2010 2 of 2 EXHIBIT B SHEET 1 OF 2 PORTION OF THE TEMECULA RANCHO, M.B. 11, PG 507, SAN DIEGO COUNTY RECORDS, CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION j PORTION OF BLOCK 32 LOT 7 RL 3085 PERMANENT EASEMENT MWD 142-4-1. 1 PEC 100 Area= 0.696 Ac. grAm MWD 142-4-18PEC 100 Lem Area= 0.070 Ac. Total Area = 0.766 Ac. LOT 9 MWD 142-4-1. 1 PEC 100 NO SCALE CURVE/LINE COURSE TABLE 0 S 15' 42' 05" E -- 199.96' 0 A or 47' 56" R - 3869.83' L = 121.89' S 73" 59' 00" W -- 31.92' � 0 S 15' 42' 05' E -- 198.13' 0 A- 07" 13' 21" R - 1044.00' L - 131.60' 0 S 15' 16' 05" E -- 16.22' 0 A- 01' 25 '47" R - 1060.00' L - 26.50' oN 82' 36' 56' E -- 22.93 OA- 01' 53' 17' R - 3739.83' L - 123.24' 10 A- 02 19' 38' R - 940.00' L - 38.18' 11 S 15" 16'05"E -- 16.21' 12 6,- 04' 12' 57" R - 956.00' L - 70.34' 13 N 15' 42' 05 W -- 445.85' 14 S 74' 17' 55" W -- 30.00' PREPARED UNDER MY SUPERVISION MWD FEE 142-4-18 Instr. No. 930, O.R. Rec. Jan. 04, 1968 LOST 1038. E S (RI'D�S 468.- p8REC1p0 WESTERN BYPASS CORRIDOR 33�� (RAD) SEE D Thomas M. Bosserman P.L.S. 7328 (o/18/2010 DATE N MWD FEE g 142-4-1.1 (por. Instr. No. 55717 (/).:.1z_ o Rec. May 01, 1972 ETAIL SHEET 2 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA SAN DIEGO PIPELINES 4 & 5 RL 3085 PERMANENT EASEMENT MWD TO CITY OF TEMECULA 142-4-1.1 PEC 100, 142-4-18PEC100 J: IPro/ects I SanDlegoPipellne4lexhIbItst TemecutaWesternBypassRoadDeed.dgn 06-17-10 M.D.T. EXHIBIT B SHEET 2 OF 2 PORTION OF THE TEMECULA RANCHO, M.B. 11, PG 507, SAN DIEGO COUNTY RECORDS, CI OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS EXHIBIT IS TO BE ATTACHED , TO THE LEGAL DESCRIPTION ;THIS z__,-- MWD FEE 142-4-18 ;' Instr. No. 930, O.R. / Rec. Jan. 04, 1968 © W LOT 10 0 �� 0 itp m0'n (F 11%#311/Z0CO CDCO CV MWD 142-4-1. 1 PEC 100 (portion) N W MWD FEE 142-4-1.1 (por.) 80 Instr. No. 55717 0 Rec. May 01, 1972 to 0 N O �8I 14M4D8PEC100 5 68 33r 0g" (RAD) LOT 11 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA SAN DIEGO PIPELINES 4 & 5 RL 3085 PERMANENT EASEMENT MWD TO CITY OF TEMECULA 142-4-1.1 PEC 100, 142-4-18PEC 100 J:IProJects 1 SanDlegoPlpelIne4lexhibits ( Tem ec ula WesternB ypassRoadDeed. dgn 06-17-10 M.D.T. flor•S'Ire 1, 1 110.1 CAM 11, KVILSWI r ffx al r a 1 q if fi -o: W ; 1 0 N - D O - z I Z O r 0 1.D OZ 0 ----- -----1 -------------------- LOO—OZf-046 NdV b tor ti 10 ID N N N D 1 D OZ oZ I 0 0 03 V EO0•II OH" >f� s1 8 g 42 0 oro , 1j➢ 0 1?Z N N O > / 1 Z OZ / w o / \• , i _"7.°591 r N P --------- -- ----- 0 I 922-210_C60 ---- -- Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, California 90054 Attention: Right of Way Engineering DOCUMENTARY TRANSFER TAX $ None (Exempt --Section 11922, California Revenue and Taxation Code) Road Name: Pujol Street / Highway 79 Project Name: Western Bypass Bridge Project PW06-05 OFFICIAL BUSINESS Document is entitled to free recording per Government Code Section 6103. PERMANENT EASEMENT DEED R.L. 3085 San Diego 4 and 5 Pipelines MWD Parcel Nos. 142-4-1.1 and 18 (Portions) APN 922-110-021 and 922-210-011 (Portions) THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA. a public corporation, hereinafter referred to as Grantor, hereby grants to CITY OF TEMECULA, a public corporation, hereinafter referred to as Grantee, a permanent easement for street improvements, utilities, and landscaping purposes, but reserving unto Grantor any and all communications uses, over and across real property of Grantor located in the County of Riverside, State of California, hereinafter referred to as "Property." Said Property is described on Exhibit "A" and shown on Exhibit "B," attached hereto and incorporated herein by reference. This easement is granted subject to the following terms and any conditions described hereinbelow: 1. It is subject to Grantor's paramount right to use the Property for the purposes for which it was acquired. 2. Grantee has previously submitted all plans for construction on Property, which have been reviewed and approved in writing by Grantor. In the event modifications become necessary during construction of the Project due to unforeseen circumstances, Grantee will Permanent Easement: RL3085 -2- MWD Parcel Nos. 142-4-1.1 and 18 (Portions) provide Grantor formal notice of any design modifications as soon as practicable. If Grantee proposes modifications to the approved plans, Grantee will submit such modifications, in advance, to Grantor for review and written approval. Review and approval shall not be unreasonably withheld. In addition, Grantee shall obtain, at its expense, all permits and approvals required from any regulatory agency with jurisdiction over the activities to be conducted by Grantee. 3. Grantee shall not change the existing grade or otherwise modify the topography of Property affected by this easement without prior written consent of Grantor. Grantee shall, at its sole cost and expense, keep Property free of noxious weeds, debris, and trash and shall comply with all applicable laws and regulations concerning the use of Property. Furthermore, Grantor, as owner of the Property, will comply with applicable sections of the Public Resources Code in the event Native American remains or culturally sensitive archaeological materials should be found on the Property during the course of Grantee's project and will collaborate with Grantee consistent with the terms of the Mitigated Negative Declaration for the Western Bypass Bridge Project approved by the City of Temecula (Grantee) on September 8, 2009 (Resolution 09-78). If it is determined that Property has, in fact, sensitivity for cultural resources, Grantee will provide assistance with the coordination and preparation of the aforementioned treatment plan prior to the applicable ground disturbance(s). 4. Any public improvements within the easement area constructed by Grantee shall be so constructed as not to interfere with Grantor's access to adjoining property. Public facilities, including all utilities and street improvements, constructed within the easement area shall conform with the applicable public improvements standards and be incorporated into the City public improvements system, provided that (a) the construction of such public facilities therein shall conform to final plans approved in writing by Grantor, which show the location, character, dimensions, and details of the work to be performed; and (b) after initial construction is completed, any future changes to the improvements or changes to or installation of any utilities therein shall require the prior written approval of Grantor, which approval shall not be unreasonably withheld. 5. Grantor's access over and across this easement shall be reasonably maintained by Grantee during the term of this easement. Grantee shall provide a means to allow Grantor to place its lock on gates constructed hereon, if any. 6. Grantor purchased the Property in fee for its existing facility and/or future appurtenances. Any additional costs incurred for construction, reconstruction, maintenance and use of the existing and/or future facilities and appurtenances on Property and/or Grantor's adjacent property attributable to the presence of Grantee's improvements shall be borne by Grantee. Permanent Easement: RL3085 -3- MWD Parcel Nos. 142-4-1.1 and 18 (Portions) 7. Grantor shall not be required to contribute any part of the costs of utilities and street improvements on the Property, and, furthermore, if Grantor is included in an assessment district or Community Facilities District to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. 8. Grantee hereby releases and discharges Grantor from all claims and demands by Grantee for loss of or damage to Grantee's property, and agrees to indemnify Grantor against and to hold Grantor harmless from all costs and expenses, including attorney's fees, and all liability, and claims and demands of others, except employees of Grantor, for loss of or damage to property, or injury to or death of persons, which may result directly or indirectly from the granting, use or termination of, or operations under this easement, save and except any such loss of or damage to property or injury to or death of persons, resulting from the negligence of Grantor. Grantee agrees to pay Grantor in full and promptly upon demand for any and all loss of or damage to Grantor's property caused by the tortious conduct of Grantee, including negligence, intentional or willful acts, and acts in which there is a liability without fault. 9. In the event of abandonment by Grantee of the rights granted herein, they shall terminate, and Grantee shall thereupon, without cost to Grantor, restore Property to a condition as near possible to that which existed prior to Grantee's occupancy, and deliver to Grantor a quitclaim of such rights. Nonuse for a period of ten (10) years shall constitute conclusive evidence of such abandonment. Dated: //)4/ THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Jeffrey Kightlinger General1Manag By Gilbert F. Ivey Real Property Dev Group ment and Management Authorized by MWD Administrative Code Section 8240 Permanent Easement: RL3085 -4- MWD Parcel Nos. 142-4-1.1 and 18 (Portions) ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ) f S On ,,J, �.l NGy,A, before me, personally appeared &-6,..Z 4.4" -Lf y-rcrr_ 1,-. L-) tiC.0ido;.Notary Public. who proved to me on the basis of satisfactory evidence to be the persony) whose name(%) is/art subscribed to the within instrument and acknowledged to me that he/slieithey executed the same in his,the�_-.authorized capacity(i ). and that by his ei signature() on the instrument the person'), or the entity upon behalf of which the person(j) 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. ("Tot_ k• Signature (Seal) J:\propmngt\WA5299_EasementDeed_Street Improvements CITY OF TEMECULA Office of the City Clerk 41000 Main Street P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281) APN 922-110-021 and 922-210-011 (Portions) This is to certify that the approximate .766 acre Permanent Easement on real properties located on those portions of Block 32 of the Town of Temecula, in the City of Temecula, County of Riverside, State of California, as shown on map recorded in Book 15, page 726 of Maps, and those portions of Pauba Land and Water Company's Subdivision of the Temecula Rancho, as shown on map recorded March 15, 1888, in Book 11, page 507 of Maps, both in the Office of the County Recorder of San Diego County, within those parcels of land as conveyed to The Metropolitan Water District of Southern California by Grant Deeds recorded January 04, 1968 as Instrument No. 930, and recorded May 01, 1972 as Instrument No. 55717, both Official Records of Riverside County, all as shown on a Record of Survey filed in Book 127, pages 80 through 93, of Records of Survey of said County and identified as Riverside County Assessor's Parcel Number 922-110-013and 922-210-011 which is granted to the City of Temecula pursuant to the attached Grant of Permanent Easement, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: Aaron Adams, Acting City Manager ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: LAW OFFICES OF HERMAN H. FITZGERALD By: Christine Fitzgerald, Ci torney EXHIBIT A 142-4-1.1 PEC 100 142-4-18PEC 100 RL 3085 Permanent Easement MWD To City of Temecula Those portions of Block 32 of the Town of Temecula, in the City of Temecula, County of Riverside, State of California, as shown on map recorded in Book 15, page 726 of Maps, and those portions of the Pauba Land and Water Company's Subdivision of the Temecula Rancho, as shown on map recorded March 15, 1888, in Book 11, page 507 of Maps, both in the Office of the County Recorder of San Diego County, within those parcels of land as conveyed to The Metropolitan Water District of Southern California by Grant Deeds recorded January 04, 1968 as Instrument No. 930, and recorded May 01, 1972 as Instrument No. 55717, both of Official Records of Riverside County, all as shown on a Record of Survey filed in Book 127, pages 80 through 93, of Records of Survey of said County, described as follows: BEGINNING at the westerly terminus of the most northerly line of said Grant Deed recorded May 01, 1972; thence along the westerly line of said Grant Deed South 15'42' 05" East 199.96 feet to the beginning of a tangent curve, concave northeasterly having a radius of 3869.83 feet; thence southeasterly along said curve and said westerly line through a central angle of 01° 47' 56" an arc distance of 121.89 feet to an angle point in said westerly line; thence along a northerly line of said Grant Deed South 73'59'00" West 31.92 feet; thence leaving said northerly line South 15' 42' 05" East 198.13 feet to the beginning of a non -tangent curve, concave northerly having a radius of 1044.00 feet, a radial line to said point bears South 01°24' 52" West; thence easterly along said curve through a central angle of 0713' 21" an arc distance of 131.60 feet; thence leaving said curve on a non -radial line South 15'16' 05" East 16.22 feet to the beginning of a non -tangent curve, concave northerly having a radius of 1060.00 feet, a radial line to said beginning bears South 50'57' 08" East; thence easterly along said curve through a central angle of 01°25' 47" an arc distance of 26.50 feet; thence on a tangent line North 8Z 36' 56" East 22.93 feet to the easterly line of said Grant Deed recorded January 04, 1968 and the beginning of a non -tangent curve, concave northeasterly having a radius of 3739.83 feet, a radial line to said point bears South 68'33'09" West; thence northerly along said curve through a central angle of 01'53' 17" an arc distance of 123.24 feet to the beginning of a non -tangent curve, concave northerly and having a radius of 940.00 feet, a radial line to said point bears South 07 04'38" 1 of 2 EXHIBIT A 142-4-1.1 PEC l 00 142-4-18PEC100 RL 3085 Permanent Easement MWD To City of Temecula East; thence leaving said easterly line westerly along said curve through a central angle of 02'19' 38" and arc distance of 38.18 feet; thence leaving said curve on a non -tangent line South 1516' 05" East 16.21 feet to the beginning of a non -tangent curve concave northerly having a radius of 956.00 feet, a radial line to said point bears South 04'55' 41" East; thence westerly along said curve through a central angle of 04'12' 57" an arc distance of 70.34 feet; thence leaving said curve on a non -tangent line North 15'42' 05" West 445.85 feet to the most northerly line of said Grant Deed recorded May 01, 1972; thence westerly along said northerly line South 74' 17'55" West 30.00 feet to the POINT OF BEGINNING. Subject to any and all existing uses, licenses, permits, easements, rights of way, covenants, conditions, and restrictions. All as shown on Exhibit B attached hereto and made a part hereof. END OF DESCRIPTION ER MY SUPERVISION iseman P.L.S. 6241 Date PG W \j:\SanDiegu4Pipline\ROW \LEGAL\ 142-4-1.1 PEC 100.duc 2 of 2 Macvh 12, 2012 EXHIBIT B SHEET 1 OF 2 PORTION OF THE TEMECULA RANCHO, M.B. 11, PG 507, SAN DIEGO COUNTY RECORDS, CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION PORTION OF BLOCK 32 LOT 7 RL 3085 PERMANENT EASEMENT G P.O.B. o � r : m \; j L O T 9 MWD 142-4-1.1PEC100 fJ // Area= 0.696 Ac. MWD 142-4-18PEC100 Area= 0.070 Ac. Total Area = 0.766 Ac. CURVE/LINE COURSE TABLE 0 S 15' 42' 05' E -- 199.96' 0 A- 01' 47' 56' R - 3869.83' L • 121.89 0 S 73' 59' 00' W -- 31.92' 4® S 15' 42' 05' E -- 198.13' 0 A- 07' 13' 21' R - 1044.00' L • 131.60' 6 S15'16'05'E -- 16.22' 7 A- 01' 25 '47' R - 1060.00' L • 26.50' 0 N 82' 36' 56" E -- 2293 0 A- or 53' 17' R - 3739.83' L - 123.24' 10 a- 02 19' 38' R - 940.00' L - 38.18' Ci S 15' 16' 05' E -- 16.21' 12 0- 04' 12' 57' R - 956.00 L - 70.34' 13 1 N 15' 42' 05 W -- � 445.85' 14 S74'17'55'W - 30.00' NO SCALE MWD 142-4-1. 1 PEC 100 MWD FEE 142-4-18 Instr. No. 930, O_R_ Rec. Jan. 04, 1968 LOT 10E 04 38°5 (RAO)mWD 0100 142/8PE sESCORRIDOR yPASS �33,0gW posa LOT 11 AND EPAR 6 UNDER _co .R, G. W/ MY SUPE ' lSIO ►ine o Ex m -r_� it Ex ter • man P.LS. 6241 s1 N SEE o DETAIL v, No.641 DATE MWD FEE 142-4-1.1 (por. Instr. No. 55717 _Rec. May 01, 1972 SHEET 2 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA SAN DIEGO PIPELINES 4 & 5 RL 3085 PERMANENT EASEMENT MWD TO CITY OF TEMECULA 142-4-1.1 PEC 100, 142-4-18PEC100 J:1Projects 1SanDlagoPlpeUne4lexhlbltslTemeculaWesternBypassRoadDeed.dgn 06-17-10 Rev 03/12/2012 M.O.T. EXHIBIT B SHEET 2 OF 2 PORTION OF THE TEMECULA RANCHO, M.B. 11, PG 507, SAN DIEGO COUNTY RECORDS, CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS EXHIBIT IS TO BE ATTACHED 30 TO THE LEGAL DESCRIPTION MWD FEE 142-4-18 Instr. No. 930, O.R. Rec. Jan. 04, 1968 LOT 10 38" sor (RAD) 60' 142-8PEC 100 568.33'0W — (RAD) LOT 11 N MWD °O 142-4-1.1 PEC 100 (portion) MWD FEE 142-4-1.1 (por.) bo Instr. No. 55717 0 Rec. May 01, 1972 rn 0 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA SAN DIEGO PIPELINES 4 & 5 RL 3085 PERMANENT EASEMENT MWD TO CITY OF TEMECULA 142-4-1.1PEC100, 142-4-18PEC100 J:1Projectsl SanDlegoPIpellne4lexhIblts l TemecuMWesternBypassRoadDeed.dgn 06-17-10 Rev 03112/2012 M.D.T. ENTRY PERMIT R.L. 3251 Colorado River Aqueduct San Diego 4 and 5 Pipelines MWD Parcel Nos. 142-4-1.1 & 18 APNs 922-110-021 and 922-210-011 (Portions) Permission is hereby granted to CITY OF TEMECULA (Permittee) to enter upon that portion of real property (Property) owned by THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Permitter, designated as a portion of Fee Parcel MWD Parcel Nos. 142-4-1.1 and 18, as shown on the attached Entry Permit Map, designated as Exhibit "B." PURPOSE The purpose of this Entry Permit is to allow temporary construction activities and access for vehicles and equipment to be utilized during the installation of street and ancillary improvements for Permittee's adjacent Western Bypass Bridge project. TERMS This Entry Permit is issued subject to the following terms and conditions: 1, Subject to the provision in Paragraph 3, the term of this Entry Permit shall be from October 1, 2012 to September 30, 2013 and shall be extended at the request of Permittee until such time as the Permittee replaces the area with a permanent easement or terminates this Entry Permit in conjunction with the terms of the Permanent Easement Deed Agreement entered into between the parties concurrently herewith, whichever occurs first. 2. The consideration for the issuance of this Entry Permit shall be a one-time administrative fee of $1,500 and a one-time usage fee of $500, which are both payable in advance at the close of escrow for the Permanent Easement Deed Agreement. No fees shall be required for any extension of this Entry Permit in accordance with paragraph 1, above. 3. Permittee's use of Property shall at all times be subject to Permitter's right to use Property for the purposes for which it was acquired. 4. All work shall be performed in accordance with plans previously approved in writing by Permitter. In addition, Permittee shall obtain, at its expense, all permits and approvals required from any regulatory agency with jurisdiction over the activities to be conducted by Permittee including: a) Section 404 permit from the U. S. Army Corps of Engineers, b) Section 401 and Water Discharge permits together with preparation of a SWPPP from the Regional Water Quality Control Board, c) Section 1601 Streambed Alteration Agreement from California Department of Fish and Game, and d) Floodplain Management Review from Federal Emergency Management Agency. 5. Permittee shall not change the existing grade or otherwise modify the topography of Property affected by this Entry Permit without prior written consent of Permitter. Permittee, at its Entry Permit R.L. 3251 -2- sole cost and expense, shall maintain Property in reasonable condition, shall comply with all applicable laws and regulations concerning use of Property, and shall keep Property free of all construction dirt/refuse, weeds, debris, and trash, as directed by Permitter. In addition, Permitter, as owner of the Property, will comply with applicable sections of the Public Resource Code in the event Native American remains or culturally sensitive archaeological materials should be found on the Property during the course of Permittee's project and will collaborate with Permittee consistent with the terms of the Mitigated Negative Declaration for the Western Bypass Bridge Project approved by the City of Temecula (Permittee) on September 8, 2009 (Resolution No. 09-78). If it is determined that Property has, in fact, sensitivity for cultural resources, Permittee will provide assistance with the coordination and preparation of the aforementioned treatment plan prior to the applicable ground disturbance. 6. In the event this Entry Permit is not replaced with a permanent easement granted by Permitter, then Permittee shall, prior to termination of this Entry Permit, restore Property to a condition as near as reasonably possible to that which existed prior to Permittee's occupancy. 7. If Permittee plans to use any equipment or engage in any activity on Property which will impose loads greater than AASHTO H-20, Permittee shall submit the specifications of such equipment for review and written approval by Permitter thirty (30) days prior to its use. 8. Permittee shall provide Permitter with copies of any regulatory agency(ies) approvals relating to Property within thirty (30) days of Permittee obtaining same and "as -built" drawings per Exhibit "E," which delineate the location(s) of the relevant improvement(s). 9. Permittee shall take, at its sole expense, such safety precautions as are necessary to ensure the prescribed work does not result in any damage or liability to Property or Permitter. 10. Permittee has furnished insurance coverage evidenced by the Certificate(s) of Insurance attached hereto as Exhibit "C." A review of the insurance coverage will be made every year in order to adjust the coverage to be commensurate with the appropriate insurance coverage existing for similar type leaseholds at the time of review. Failure to maintain a current Certificate of Insurance on file with Permitter evidencing such insurance shall be cause for termination. Insurance coverage shall remain in effect throughout the term of Agreement and throughout any renewals. Said insurance shall meet the following requirements: A. General liability in the amount of $1,000,000 per occurrence with a $2,000,000 aggregate B. Workers' Compensation coverage with California statutory limits, and employer's liability in the amount of $1,000,000 C. Auto liability in the amount of $1,000,000 each accident Insurance coverage shall include the following: Entry Permit R.L. 3251 -3- a. Permitter as additional insured on the general liability and automobile liability b. Shall obligate the insurance carrier to endeavor to provide to Permitter not less than a 30 -day notice of cancellation affecting the coverage of the policies c. The workers' compensation policy endorsed with a waiver of subrogation in favor of Permitter d. The Permittee's required insurance is primary to any self-insurance or insurance of Permitter Permitter shall have no liability to Permittee or to any insurer, by way of subrogation or otherwise, on account of any Toss or damage to Permittee's respective property, or the Project, regardless of whether such loss or damage is caused by the negligence of Permitter or Permittee, arising out of any of the perils or casualties insured against by the property and/or liability insurance policies carried. The insurance policies obtained by Permittee pursuant to this Entry Permit shall allow waivers of subrogation that the insurer may otherwise have against the non -insuring party. If such an endorsement is not available and the Permittee's insurer pursues separate legal action against the Permitter, the Permittee shall be responsible for all legal fees and payment of any funds Permitter is legally held obligated to pay. All carriers must be admitted to do business in California and have an AM Best rating of not less than A minus: VII. A non -admitted carrier may be used with authorization by LESSOR with an AM Best rating of at least A minus: VII. The exception to these ratings is for the State Compensation Fund (Workers' Compensation), which is unrated. 11. Permittee shall notify Mike Lopez, rnlopez@nwdh2o.com and telephone (951) 926-5832 or (951) 288-6215, of the Permitter's Lake Skinner Water System Operations Team, five (5) working days prior to entering Property and beginning Permittee's activities. 12. Permittee assumes all risk of loss to itself, which in any manner may arise out of the use of Property under this Entry Permit. Further, Permittee shall indemnify and defend Permitter and its directors, officers, and employees against any liability and expenses, including the reasonable expense of legal representation whether by special counsel or by Permitter's staff attorneys, resulting from injury to or death of any person, or damage to any property, including property of Permitter, or damage to any other interest of Permitter, including, but not limited to, suit alleging noncompliance with any statute or regulation which in any manner may arise out of the issuance of this Entry Permit, or use by Permittee of Property or any adjoining land used with Property. 13. For purposes of this Entry Permit, the term "hazardous substances" shall be deemed to include any substance, product, waste or other material of any nature whatsoever which is listed, regulated, or addressed pursuant to: Entry Permit R.L. 3251 -4- a. The Comprehensive Environmental Response, Compensation, and Liability Act, 42 United States Code section 9601 et seq. b. The Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code section 1801 et seq. c. The Resources Conservation and Recovery Act, 42 United States Code section 6901 et seq. d. The Toxic Substances Control Act, 15 United States Code section 2601 et seq. e. The California Hazardous Waste Control Act, Health and Safety Code section 25100 et seq. f. The California Hazardous Substance Account Act, Health and Safety Code section 25330 et seq. g. The California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code section 25249.5 et seq. h. California Health and Safety Code section 25280 et seq. (Underground Storage of Hazardous Substances). i. The California Hazardous Waste Management Act, Health and Safety Code section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory). j. The California Porter -Cologne Water Quality Control Act, Water Code section 13000 et seq. This includes any and all amendments to the above, or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous or toxic substance. In addition, for purposes of this Entry Permit the term hazardous substances shall be deemed to include any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court. Furthermore, any petroleum, petroleum-based products, crude oil, asbestos, or other hazardous substance that Permittee introduces to the premises must be removed and properly disposed of in compliance with the above statutes, and all negative impacts remediated at the sole expense of Permittee. Said remediation shall restore the premises to the condition existing prior to the start date of this Entry Permit. Failure by Permittee to comply with any of the above provisions within 90 days of written notification of default shall give Permitter authority to have said default cured and remediated, and Permittee agrees to pay Permitter all direct and indirect costs of said default. Entry Permit R.L. 3251 -5- Permittee hereby warrants and represents that it will not cause the presence, use, storage or disposal of any hazardous substances on or about the premises without the prior written consent of Permitter. Excluded from this provision are substances necessary to complete the approved purpose of this Entry Permit, provided that said substances are labeled, packaged, stored, contained, handled, managed, transported, documented and disposed of in full compliance with all statutes governing these activities. Permittee agrees to immediately notify Permitter when hazardous substances have been released on the premises. Permittee further agrees to properly notify all appropriate regulatory agencies in the event of a release of hazardous substances on the premises. If Permittee discovers any materials suspected to be hazardous in nature in or around the work area during the course of its activities, it shall halt all activities until Permitter, or its agent, can determine the nature of the material and the proper remediation, if any, that is required. All conditions and stipulations of Paragraph 13 shall be carried out to the satisfaction of both the Permitter and the California Regional Water Quality Control Board — Santa Ana Region. 14. Permittee shall indicate its acceptance of the terms and conditions of the permission granted herein by signing in the space provided and returning the copy of this Entry Permit to Permitter. 15. This Permit does not contain an Exhibit "A." 16. Time is of the essence of this Permit. [Signatures appear on the following page.] Entry Permit R.L. 3251 -6- Date Executed: /72/7( Permitter's Mailing Address: THE METROPOLITAN WATER DISTRICT Post Office Box 54153 Los Angeles, CA 90054 Attention: Real Property Development Jeffrey Kightlinger and Management Group General Manager Telephone: (213) 217-7750 OF SOUTHERN CALIFORNIA Date Executed: By: //Ra1ph T. Hicks, Marler Real Property Deve pment and Management Group PERMITTER Permittee's Mailing Address: CITY OF TEMECULA Department of Public Works 41000Main Street Temecula, CA 92590 Telephone: (951) 694-6411 By: Print: Title: JAW jw s:\propmngt\WA5490 Entry Permit.doc PERMITTEE EXHIBIT B' PlO*TIONS OF THE TOWN OF TEMEOULA IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE Slope Parcel "A" Aea = 0.187 Ac. Feet 0 50 100 200 THIS EXHIBIT IS TO BE USED FOR APPROXIMATE POSITIONING ONLY. IT IS NOT TO BE USED, NOR IS IT INTENDED TO BE USED FOR ENGINEERING, RECORDING OR LITIGATION PURPOSES. NO WARRANTY OF ACCURACY IS IMPLIED OR GUARANTEED. The Metropolitan Water District of Southern California Engineering Services Group COLORADO RIVER AQUEDUCT SAN DIEGO 4 & 5 PIPELINES ENTRY PERMIT RL 3251 MWD TO CITY OF TEMECULA APNS 922-110-021, 922-210-011 142-4-1.1, 142-4-18 \Projects\RL\mwd1RL3251.mxd [Printed 03/12/12] Photography Date: Bing Prepared by: Peter Wiseman (Right of Way Engineering) Checked by: Jeff Wynn Job#: ROW12-03-07 A`c• L® CERTIFICATE OF LIABILITY INSURANCE 9Alai2olrc2 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown Insurance Services of CA, Inc. 500 N. State College Blvd_ Suite 400 Orange CA 92868 CONTACT Peggy Coleman NAME; /Alco No F:tl (719) 221-1800 FAX No): (714)221-4196 AIL ADDRESS:pcoleman@bbsocal.com INSURER(S) AFFORDING COVERAGE NAICi INSURER A :Travelers Indemnity Company of 25682 INSURED City of Temecula 41000 Main Street PO Box 9033 Temecula CA 92589-9033 INSURER B :Travelers Indemnity Company 25658 INsURERc:Travelers Property Casualty Co 25674 INSURER D: S 1,000,000 INSURERE: S 300,000 INSURER F: COVERAGES CERTIFICATE NUMBER:CL122107161 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF IMM/00/YYYYI POLICY EXPD/ IMMIDYYYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY GP06302497 12/1/2011 12/1/2012 EACH OCCURRENCE S 1,000,000 PRM SES Ea occur° mei S 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) S Excluded X Law Enforcement PERSONAL & ADV INJURY S 1,000,000 Liability GENERAL AGGREGATE $ 1,000,000 GGEEN'L AGGREGATE LIMIT APPLIES PER: X' POLICY n jE n LOC PRODUCTS - COMP/OP AGG $ 1,000,000 S A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _., _ SCHEDULED AUTOS NON -OWNED AUTOS 8109158P917 12/1/2011 12/1/2012 COMBINED SINGLE LIMIT Ea accident) S 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S $ B X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE GE06300161 12/1/2011 12/1/2012 EACH OCCURRENCE S 4,000,000 AGGREGATE S 4,000,000 DEO X RETENTIONS 10,000 S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below NIA itJUB9055L51212 2/1/2012 2/1/2013 11 I ... 7nRY 1 OR1 IDE$ $ 1,000,000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE 5 1,000,000 E.L. DISEASE - POLICY LIMIT 5 1,000,000 A Public Entity Management Liability GP06302497 12/1/2011 12/1/2012 55,000,000 Total Limit 55,000,000 EaWrongfulAct DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Western Bypass Bridge Entry Permit Self Insured Retention of $150,000 applies to all coverages. CERTIFICATE HOLDER CANCELLATION The Metropolitan Water District of Southern California P. O. Box 54153 Los Angeles, CA 90054 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mike Bush/PCOLEM ACORD 25 (2010/05) 1NS025 (201005).01 ©rof ACORD 8 ACORD CORPORA NI �l ll dc The ACORD name and logo are registered marks of AC COMMENTS/REMARKS Metropolitan Water District of Southern California is included as additional insured as required by written contract as respects general liability regarding the operations of the named insured Form CGD4800209 and as respects auto .liability regarding the operations of the named insured Form CAT4370808. Insurance is primary as required by written contract as respects general liability regarding the operations of the named insured. Form CGD4250708. Waiver of Subrogation as required by written contract as respects workers compensation regarding the operations of the named insured. Endorsement to be process by the company. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. EXHIBIT C - MWD to grant an entry permit to City of Temecula for the construction of the Western Bypass Corridor and adjacent slopes as shown on Exhibits attached to this Entry Permit. Upon completion of construction, The City of Temecula shall as -built the road and adjacent slopes, tying into MWD right of way monuments, MWD horizontal control monuments and NGS vertical control. The as-builts and survey -related data will be used as the basis for the land descriptions prepared by MWD. Please see the attached exhibits showing all necessary survey -related requirements. If the City has local vertical control already established at this site, then that vertical control may be used, providing it is adjusted to NAVD 88 and tied to NGS vertical control. Please contact Manuel Cortez PLS at (213) 217-2576 or at mcortez@mwdh2o.com if any of MWD's monuments cannot be located or have been destroyed. A permanent easement from MWD to the appropriate entity will be created by MWD personnel upon completion of construction, using the actual location of the Bypass and adjacent slopes. Contact Peter Wiseman PLS at (213) 217-7668 or at pwiseman@mwdh2o.com if you have any questions or comments regarding the easement preparation process. Item No. 12 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Parcel Map 36439 (located on the north side of Temecula Parkway east of Margarita Road) PREPARED BY: Mayra De La Torre, Senior Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: 1. Approve Parcel Map 36439 in conformance with the Conditions of Approval; 2. Approve the Subdivision Monument Agreement and accept the Cash Deposit Agreement for Monumentation as security for this agreement. BACKGROUND: Record title interest: HD Development of Maryland, Inc. Parcel Map No. 36439 proposes to subdivide the Home Depot Shopping Center, an existing 10.94 gross/net acre parcel, into three parcels — 9.64 net acres, 0.75 net acres and 0.55 net acres, respectively — for a commercial development. The property covered by this map is located on the north side of Temecula Parkway east of Margarita Road. Tentative Parcel Map No. 36439 (PA12-0018) was approved by the City of Temecula Planning Director on August 2, 2012 and is valid for three years (expiring on August 2, 2015). All public improvements are in place; however, the survey monuments have to be set. The property owner/developer is, thus, obligated to execute the Subdivision Monument Agreement and post the required security. 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. 36439 DATE: December 11, 2012 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 0.00 $ 0.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 3,000.00 - DEVELOPMENT FEES RCFCD (ADP) Fee Development Impact Fee SERVICE FEES $ N/A $ Paid Planning Fee $ 360.00 Fire Fee $ 256.00 TCSD Fee $ 174.00 Plan Check Fee $ 3,489.00 Monumentation Inspection Fee $ 339.00 Fees Paid to Date $ 4,618.00 Balance of Fees Due $ 0.00 do -7a ocp a �.� aNe P��� P �P G o I �ARc/F iq RG P 00 ‘,44 NE PO10 ', s. c E U\-k P\C\N\( \ \ 1 2 RD N1 9 S0� (N IP��2 N\OHW " �F o PROJECT ��� SITE -� �0 VICIN TY MAP -4A TEMECULA, CALIFORNIA NOT TO SCALE 101/3 0:001 04 3 0(0090 01130 10049 000E 010 00301,00 10.940 009 UNIRS MAIM; I& IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36439 BEING A 10900(0(00 OF PARCEL 3 00 PARCEL M 90. 29431 AS SHOWN BY 1/00 ON FILE IN (00N 195 PACES 94 99 9F 1009001 AIMS (9009(0 OF 00000100 COUNTY, 10001E OF CNIFORNIp CANYON 000300.11(0 PAIRICN R. MERCA00, PIS. 6382 JUNE 2012 01' 100([ MAT 00 ARE 001 901.(0000 3310011000000 (0010 114 04.44011011W 0113311 14413494 110101: AR 00 0101090 (4.10(9 00430 S14VSS1401 1110:/ (ILL (0 00E033 10019'000001T10 8.00010010 0(0304 0. '3_1'100000000'101',0,401000(1110'41 \C 00(00009 M10404 11000 03.113454013,010 0000SS 0016 4000000. PARKWAY 0010)00 344 14400309 'Y 10 IL 00110000 ['0000000 10.301.0 1 330+1 3 011410K14, 03:010(104300003003 ANC0, CMG 3001 030 LL NO 00010 0 0031 090011 10: 0 (. .1(l [WPM II 031 [ 3000.000T (]0OC (' A00100403.36 9100/[00 010000.0000 000 Ilrt (00000-1100:0100'0-0040 003T 053 5L(L4 3131 .0(401( 01100040 FAd(00.0 010000' U 0000000( (9 0901001 001615 Y 400 0A011001 1111,130' 40 03 000000114 00000011'00001I000'041 0 41.4541000UI0 x(110000 0000 (000 0.04000 040910 01 uss 000 03 001.4100 4.000 01 1404K0413 (000 10101 0 050 0.0 ((10'041100¢4 0'100001101 01450.E 00011 0 01301019. 000 000050(40 Alm 100.0.430S, 019 PARCEL 0(¢050001 001911 10) 0031,000001 0' MARYLAND. INC. A (MARYLAND CORPORATION 04,1040 (90000.9(0011 WS 00\11 11911030' 000310010W(000010EM STALE 0 0(00003410 0.L34I0 01100(10 P 001330 010 S1 Ym (04 1110 0019 0' 900940:.(09000010 44'110(0 1013100001.9 10 0[ 03310 0150101010'0 [(00100 0000 00(((0(01 WIOY HMI (0000031000 10 9E, 911131I INSW:N 1 001 000((09100730 10 40 MAI 31413E331E11 OC 011E m nm 0010100 00'0000. 440 (00 ue100 90401140K GI 09 44'1114094141 10 400100 10 In[ 0111110 30.01 (0(011301 944000 In(00000(000 1 000(0(0 nti 000009000. I CERIY(1.4(OR 100110 0 440.10414 013104 (. 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(401 R4 (1001100 TO 80 0000 9000010 409(0 114 01100160 000 ENGINEER'S 300(01,1000 900.00 111 001[31006 1031.41. 00113100 MN (43 3430.13 431110(9000(911 03000313034 3510K001 00 I040 -10 0(10510.01 0010/6 4 000 1 C 000 0010111E OAP 0 11 00 110100) 33439(00040110 44 0101\N P/I'�011' 000000(POOAT 4' S 00AA 90 1501(WSM MNGli[9111 AA All 11 000 0440409$ AIC WEER (Wil£ NI I'J 111 Al Av1N 1101 (WS NAP 151L014T4LY ttl®LLL 0(00001 WY(( 1m 0140LLn 44,5 R (01099( 1S.6230 00 0(10490 0101 1(((904 010 034300 010 01.000'S 3(00:30000 110 010 (0.601(' 130. 011 0 90.0000 9000 1( 0019000,10 09 ( 0040135 000 03.301. 31.4 00 104E0 AMP( 014 (00(1100 04001 0 00 031/0014013. 00./ As rk[c.moi , 2012 041531 1 0000 Voe:-___ 40000043, 0.40 03300333/0013114Wi. 1100010 00940010 00006 00(0000 CAJ00101...01.W1 100 000 0414 10111 000100100 3 GROSS AIWA 100+0 004101 NI1 0C1s'L.T , 10.040 00N 50001' 2 OE 4 SHED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE DE CALIFORNIA PARCEL MAP NO. 36439 BEING A SMOMSIDN OF PARCEL 3 OF PARCEI. AAP 4.10. 29931 A5 511004 BY MNP ON FILO IN BOOK 195 PAGES 94-99 0r PARC(4 610P5 RECORDS OF RNCRSIDE COUNTY. 51010 00 LNJFORNIA CANYON CONSULTING PATRICK R. MERCADO, P.L.S. 6362 430515 OF (3IARINGS 114E 00001455 9100,11 ARf61 ARE. 44940 ON ME 01,111E 1161E [III 0811.011.41E 00 1418600 14100000 I0140 4110111V 40194140 0514+ 4513'20 4004.00 010044 LN 0'09011 901iW 29131 01HE 0110 04 41440040 4091510 10 005000 1101E 0E 000'00,00, AS 04.0 1,04: 0(404.0041480( 19. 100IS 99 10 99 01 0M(13•1 IA' q 114410 DUCE 111E 0521110 40.001000 01 0001 001 10 4Q3010..0011..0 • 41003400404 0 401041 FITO [05iR1?d IS FULMNIiO GTL0 [J,11 J II51' 11 00.AV a IF4 Pt,. 19431, N r (fi 15/ 9fS9 1100046 lard) -/3 0000 CAP 00:1001 ,342';114 1x140 0+i 0.3913, a 9199 1 3� 200141 101143 04000 ,114610 '6 0400 30144 uR 14301, 1.90 OLb[ 190/ 43..45. NIl0400 I4� 0900100[1L'02 1'108 10L, 11601000 1])009040 104130 410110. 39561,1',11➢. CCT 109/ 01-19 HS1 mcws U46 , WIGO 45 53,b3 00 tl 1' 1P. 110001 . 50411,1.0 00000 4 101.2001. VUR 61000 495/ 9,0 ACCIPEED AS1S1N v) 0.0;840 8100120. NIA I,EIIRINCLS 1,1.0!(1,040 01 '[5601'!, 4WAl NL 1/CIU4'JIIS 1 14410005.010010 0:00 'A Asp 411E AIA 4E VOL0LI1,11Ctl0(30110[ INTI 40.110 43001 (L 4/1'46 90434110.'4 I9i/ 94_99 I0GR;D 400 - 051.N0 900 0(000 96 = 50.110000- FDPID0101100 RAD =EOM 44434.46 limp_nW.ATES 04.01K1(.0 00c40:0115 E000100049E0110 00110140000 01041 RENR(MLIREIAL 00001100100 91000 000F.CI110 0444S EAP IS ON TOLE 18 0410 0011 01 1440 MY 0001000R, 0000 OF 00400000.0, 10 0.0.0, BOOK 5 PAGE 31/. 04110 00 0015 14.1 MEWS JUNE 2012 c1..10 DA10, 10801 11LGLil 0,00 II6 ,t. I 1440 0104010E 0100111 1110RIIIG 144101111 /0 L3 60606"11, 6307 _ ./A /0003.14"0 1800 _ N/A,. f 000 /)11 IL. l0 '401'1 6334 IV A G +010311 zu _. )L/^_. 19 >0'os'v Jh 404 11/0_. 0 0.0006"1 146/ VA Lit N7,0,1,34 1 :,0 31' _ 1 A 1 2 G O C6"Y 10.48' 1/0_ 1.3 ]0115y( g' :173•03.5r E. 6100' 115 N A Y B3G 00'0 02.' 1:16'36'40"W 60 00 47 l/ 0301 1iN 4. 0/140 _ N 0204 J;:a /9 I /2036: I 30 1 ) 1, .1 0 0 0011'/ IGT 36344"C G( /G /`05'54 F --- L23 r r C"V 25 f /A / 230013'1 72 00 '2l06'l31/70( 20 0732520'0 1104.001 410 20 27 9 10 4131 34 .30 017 m 130 0 L40 0,40 .11,. 0431016-i: 36.2a' 42023'20'0 18.30' +/3/1200 1 F9' 0M1 03.040_ 03 232 1140'5G0 N 0103-- 2010'0 635'40' 00 04 m<+ off_. 2 :0' 40 4/'I 1'1 fi3 1' 33'55'"9 0100/6'( 173 23 20"4 118'00'04'0 S1120' /10.00' 3774 014 G' 001VE DATA "ROLE RE CORD CORA DEI N1V0 L000111 f / P OF 0-O 0 0 , 01.....7.000:0' PL0-0 aN _13 r 0l 4990 ..?.44774 4944.31 _44 I0 S: 4404757 4E40_ 4.4 445 0 900 00.00 10 40 6,3)11 oat v9 06000r M00'- 6I OS 5 311.62 44/0 15 C 0 l / 5,000' 31.10' .403 040 nn x151' ]§,00 / v 401'1 100 00 Y,ID. 4/n_ 0c r 10 43' 0 00 0 /. - s O4 863o N/A 044 211 1100 9 59' II/A SEE 'SHEET 4 OF 4 FOR 0010440040 N01E5 PROJECT SITE 091018___ Y MAP TEMECULA, CALIFORNIA I0100 vm10L6: 3 070050 AWA 10940 000(5 NL1 0,00C3100 - 10940 01070 0 0 00 5 - SHEET 3 OF 4 SHEETS IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 0 0, LIB- 074'42'03'w (RAO 070 PARCEL MAP NO. 36439 BONG A SUBDIVISION OF PARCEL 3 OF PARCEL IMP N0. 29431 IS SHOWN BY MAP ON FILE IN BOOK 105 PAGES 94-99 OF 701000L TAMS RECORDS 0f RIVERSIDE COUNIA, 07AIE OP CALIF0RNN. CANYON CONSULTING PATRICK R. 0000000, PI, S. 0302 JUNE 2012 O CAMPANULA WAY a b , 753 R1 'L 150.00 2 1,3 A 25024'Sp t3RA,1 VOJ y SFN 070'3707 L n S� a�Oi R B50.00'.. 1 90. N73'0 33'04"E 341.50' -_ 130.001 /'- 200.53' -� /i` N75'37'g0'W_ PARCEL 2 L° a�w.00 (RAoj� a .75 AC. L7 4 10 PARCEL 3 0.55tAC. IA 23e02' 01) L3 <0 03'23'20"E 09001' 0.70' 30 073'23'20"E 509.09' 500.50' (51) PE TEMECULA PARKWAY (SR 79) 0073'23'7000 00909' 0 BASIS OF BEARINGS N73'23'20"E 2504.92' (004 01.) 70. Y BRASS DISX, PUNCHED, STAMPED "RCE 20407' DN 0.35' PER CORNER RECORD N0. 029100 AS FILED IN RECORDS 07 RIVERSIDE: COu0iv FD, 7' BRASS DISK 0000700 CA DEPT or TRANS -- 263113.03 "RCE 26457", 00 NELL MONUMENT DOWN 0 PER CORNER RECORD N0. 02-107 AS FRED IN THE RECORDS OF RIVERSIDE COUNTY 0 0P 070' IE1' ~~ • �-• SCALE. 1. = 00' SEE SHEET 2 FOR MONUMENT 00100, LEGEND, UNE AND CURVE DATA ANh BASIS OF BEARINGS (01,15 PARCH .1 GROSS AREA: 10 940 ACRC5 NEI 4(0040 15040 AC'M'S r i MARGARITA ROAD 12 SHEET 4 OF 4 SHEETS IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 36439 BEING A SUBDIVISION or PMCEL 3 OF PARCEL MAP NO 29 31 AS SHOWN Sr MN' 0 nu" IN ROOK 195 PACES 94-99 OF PARCEL. MAPS RECORDS OF RNERSIDE COUNTY. STATE OF LWORNIA. LI CANYON CONSULTING PATRICK R MERCADO, P.L.S. 0352 3555 2012 — Al EASEMENTS �—� CAMPANULA WAY )5'32'1]"E - 4 3105 POETIC 56950/56 \?_ 9:40555 \J PARCEL. 3 PM. 29431 P.MB. 195194-99 4 7 .. PARCEL 1 9.64 AC. IT )3'23'20'5 Ci/ 0 EASEMENT LEGEND AN 505555NT FOR PUBLIC 01111055 IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT, 50910051. HATER 91519¢1 R5CIXm55 MAY 31, 2000'45 INSTRUMENT NO. 2000-20629"/ Qft. AN EASEMENT FOR PIPELINES IN FAVOR 9F RANCHO CALIFORNIA WATER DISIRI01, RECORDED A155 16. 2000 AS MSIRUMEN1 NO 2000-230426 D.R. "PRIVATE ACCESS EASEMENT FOR PRIVATE USE AND RECIPROCAL ACCESS PURPOSES TO DE RETAINED HEREON. AN EASEMENT FOR SIDEWALK PURPOSES AS OFFERED FOR 00/10401019 ON 195 MAP 00 PARCEL MAP NO. 29431 P.M.O. 195/94-99. (JCABLE 5TELFisoe INSTALLING NASYSTEMNIN FAVOR - 1 n CENTURY -TCI NICATCALIFORSp00.00/MARCH 30.p -� m CABLE COMMUNICATORS 90.020 95000050117991.9. CII 30. 2000 AS INSTRUMENT NO. 2000-I1 )691 O.R. /Y y C�. LIB 589.15' R/ - 76H 19 16 206 53' �. 1175'37'445W 3. PARCEL 3 i L4 0.55 AC. PARCEL 2L5�? E 0.75 AC. ,� 1-14 .. 1.13 7 91732020'5 \ I L23 �• 473'23'20'5. ED. 2" BRASS 015K, PUNCHED, STAMPED 'RCE 26407" DN 0.35- PER CORNER RECORD NO. 02-106 AS FILED IN RECORDS OF 919E8510E COUNT? 505.09' 00 Cb> g'o c TEMECULA PARKWAY ( SR 79) n SB9B9' �1 l2� 97373'20"5 2504.42' (973'23'20'E 2504.421 '1119-!)y.. FD. 2' BRASS DISK STAMPED CA DEPT OF IRAN5 263t13.63 'ACE 26457. IN MEL_ 1.ICNUMSNT 00441 0.45' PER CORNER RECORD N0. 02-107 AS FILED IN THE RECORDS OF 919ERSI0E COUNTY on 0 G9' Bo- ralVt SCALE 1" = 00' SEE SHEET 2 FOR MONUMENT NOTES, LEGEND LINE AND CURVE DATA AND BASIS OF BEARINGS Item No. 13 Approvals City Attorney Finance 11 City Manager CYL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Award of a Construction Contract for the Roripaugh Ranch Street Improvements, Phase II, PW09-02 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: 1. Award the construction contract for Roripaugh Ranch Street Improvements, Phase II, PW09-02, to Hillcrest Contracting, Inc. in the amount of $6,167,947.35 for the base bid and $281,340 for Additive Bid No. 1 for a total contract amount of $6.449,287.35; 2. Authorize the Acting City Manager to approve change orders not to exceed the contingency amount of $644,928, which is equal to 10% of the total contract amount; 3. Approve in substantially the form attached the Reimbursement Agreement with Rancho California Water District (RCWD) for improvements to their facilities (Additive Bid No. 1) to be completed as part of this project; 4. Authorize the Acting City Manager to approve the Reimbursement Agreement with RCWD for improvements to their facilities undertaken as part of this project; Authorize payment of $322,464.37, which is equal to 5% of the cost of construction for the Multiple Species Habitat Conservation Plan (MHSCP). BACKGROUND: On August 14, 2012, the City Council approved the plans and specifications for Roripaugh Ranch Street Improvements, Phase II, PW09-02 and authorized staff to so icit construction bids. This project will complete the missing link of Butterfield Stage Road between Calle Chapos/South Loop Road and La Serena Way. The improvements will provide for the full width widening of Butterfield Stage Road to the northern side of La Serena Way with transitions to the two lanes of Butterfield Stage Road south of La Serena Road. Other than the work necessary to support left -turn movements at the La Serena intersection, and the transitions, no improvements will be constructed on Butterfield Stage Road south of La Serena Way. On November 27, 2012, five bids were electronically opened and publicly posted on PlanetBids. Additive Bid No. 1 involves extension of a RCWD water line funded entirely through a reimbursement agreement with RCWD. The results were as follows: 1. Hillcrest Contracting, Inc. 2. Riverside Construction Company, Inc. 3. Sully -Miller Contracting Company 4. All American Asphalt 5. Vance Corporation Base Bid $6,167,947.35 $6,226,343.00 $6,251,493.98 $6,575,000.00 $6,680,870.00 Additive Bid No. 1 $281,340.00 $273,450.00 $328,000.00 $400,000.00 $314,650.00 Hillcrest Contracting, Inc. was found to be the lowest responsible bidder. Hillcrest has experience in completing similar projects in Southern California and their references all reported very good to excellent results on their past work. The Engineer's estimate for the project was $9,400,000 for the base bid and $225,000 for Additive Bid No. 1. The more than 30% plus cost differential from the estimate to the bid is wholly contained within three bid items pertaining to grading and two retaining walls. The specifications call for a duration of 260 working days or approximately 13 months. ENVIRONMENTAL REVIEW: The Roripaugh Ranch Street Improvements are part of the Roripaugh Ranch Specific Plan and were studied as part of the adoption of the Roripaugh Ranch Specific Plan and the Environmental Impact Report for the Roripaugh Ranch Project. Roripaugh Ranch Street Improvements, Phase II is being paid for out of Community Facilities District 03-02 funds and is part of the Developer's obligations under the Roripaugh Ranch Development Agreement. Resolution No. 02-111 certified the Final Environmental Impact Report and Mitigation Monitoring Program for the Roripaugh Ranch Project ("EIR"). Staff has studied the proposed improvements and the EIR and found that there are no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures, and no change in the mitigation measures previously approved by Resolution No. 02-111; and that, pursuant to Sections 15162 and 15163 of the California Environmental Quality Act ("CEQA") Guidelines (14 Cal. Code Regs. §§ 15000 et seq.), no further CEQA review is required and that the City may rely on the EIR in approving the Roripaugh Ranch Street Improvements, Phase II. The Director of Development Services will file the Notice of Exemption as required by CEQA. FISCAL IMPACT: The Roripaugh Ranch Street Improvements Phase II project is included in the City's FY2013-17 Capital Improvement Program (CI P) budget as the Butterfield Stage Road Extension. It is funded with Community Facilities District (CFD) for Roripaugh Ranch, Reimbursement/Other from Shea Homes and Transportation Uniform Mitigation Fee (TUMF) funds. Adequate funds are available in the project account. ATTACHMENTS: 1. Contract 2. RCWD Reimbursement Agreement 3. Project Location Map and Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT FOR RORIPAUGH RANCH STREET IMPROVEMENTS — PHASE 11 PROJECT NO. PW09-02 THIS CONTRACT, made and entered into the 11th day of December, 2012 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Hillcrest Contracting, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled RORIPAUGH RANCH STREET IMPROVEMENTS — PHASE II, PROJECT NO. PW09-02, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for RORIPAUGH RANCH STREET IMPROVEMENTS — PHASE II, PROJECT NO. PW09-02. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for RORIPAUGH RANCH STREET IMPROVEMENTS — PHASE II, PROJECT NO. PW09-02. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise C-1 specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: RORIPAUGH RANCH STREET IMPROVEMENTS — PHASE II, PROJECT NO. PW09-02 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SIX MILLION FOUR HUNDRED FORTY NINE THOUSAND TWO HUNDRED EIGHTY SEVEN DOLLARS AND THIRTY FIVE CENTS ($6,449,287.35), the total amount of the base bid and additive bid no. 1. CONTRACTOR agrees to complete the work in a period not to exceed Two Hundred and Sixty (260) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. C-2 B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety-five percent (95%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. C-3 CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. The CONTRACTOR shall defend and indemnify (including the appointment of competent defense counsel) the CITY from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the CITY who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any CITY officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against C-4 the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. C-5 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 C-6 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Hillcrest Contracting, Inc. 1467 Circle City Drive P.O. Box 1898 Corona, CA 92878-1898 Phone (951) 273-9600 Fax (951) 273-9608 By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney DB By: Chuck Washington, Mayor 117. 7 L( EXHIBIT B- REIMBURSEMENT ESTIMATE November 27, 2012 Project Title: 1485 and 1610 Pressure Zone Transmission Mains Project Number: 98017 DESIGN PHASE Estimated Costs % of Total Project Cost City Labor (Engineering) $0 0.0% Professional Services Engineering/Design/Contract Documents $0 0.0% Misc. Project Costs Legal Expenses $0 0.0% Misc. Costs (MHSCP Fees 5% of Construction) $14,100 4.0% Contingency $0 0.0% Total Design Phase Estimate 1 $14,100 4.0% CONSTRUCTION PHASE Estimated Costs % of Total Project Cost City Labor (Engineering, Inspection, Operations) $15,000 4.2% Construction Contract Construction Contract $281,340 79.6% Professional Services (Consultant) Engineering Support $0 0.0% Soils and Material Testing $15,000 4.2% Surveying/Staking $0 0.0% Contingency $28,100 7.9% Total Construction Phase Estimate ! $339,440 96.0% TOTAL PROJECT ESTIMATE $353,540 100.0% REIBURSEMENT DEPOSIT CALL SCHEDULE 1) Design Phase Deposit Call: a. Due and payable upon Agreement execution by Parties b. Amount equal to the Total Design Phase Estimate 2) Construction Phase Deposit Calls: a. Initial construction phase deposit call due and payable contract upon City's award of construction b. Initial deposit call amount equal to $50,000 c. Each subsequent deposit call amount is equal to $50,000, or a portion thereof, as supported by City's actual progress payments to Contractor REIMBURSEMENT AGREEMENT BETWEEN THE RANCHO CALIFORNIA WATER DISTRICT AND THE CITY OF TEMECULA FOR 1485 AND 1610 PRESSURE ZONE TRANSMISSION MAINS [RCWD PROJECT NO. 98017, CONSOLIDATED SET] In Conjunction with City of Temecula Project PW09-02 Roripaugh Ranch Street Improvements, Phase II THIS AGREEMENT ("Agreement") is made and entered into as of the 11th day of December, 2012 ("effective date"), between the CITY OF TEMECULA, a California municipal corporation, hereinafter referred to as "City" and the RANCHO CALIFORNIA WATER DISTRICT, a special district organized and operating pursuant to the California Water District Law, Division 13 commencing with Section 34000 of the California Water Code, hereinafter referred to as "RCWD." The City and RCWD shall each be referred to herein as "Party" and collectively as "Parties." In consideration of the mutual promises and covenants contained herein, the Parties mutually agree as follows: 1. RECITALS. A. The City's proposed construction of the Roripaugh Ranch Street Improvements — Phase II, Project No. PW09-02 ("Project") necessitates the extension and improvement of certain facilities owned and maintained by RCWD. The RCWD work involves work described on Exhibit "A" hereto. B. The purpose of this Agreement is to establish the responsibilities of the Parties as it relates to the RCWD Improvements. Such RCWD Improvements, which are described on Exhibit "A" hereto, will be performed by City in conjunction with the Project, in accordance with the terms of the Agreement. 2. REIMBURSEMENT. A. City's internal (labor) and external (consultant/contractor) expenses shall comprise the costs of the RCWD Improvements, which include but are not limited to field investigations, engineering/design, preparation of environmental documentation, development of plans and specifications, solicitation of bids, facility construction, inspection, construction services (engineering support, staking, and soils/material testing), and systems operations activities. B. RCWD has acknowledged that they are responsible for the cost of the RCWD Improvements. The City and RCWD acknowledge that the City will use its allocated funding to pay for the costs of the RCWD improvements, and that RCWD will reimburse City for the costs of the RCWD Improvements in accordance with the terms of this Agreement ("Reimbursement"). C. The estimated Reimbursement for the Relocations as of the effective date of this Agreement is depicted on Exhibit "B" hereto, which includes applicable contingency amounts to account for unforeseen changes during City's performance of the RCWD Improvements. RCWD shall make regular Reimbursement deposits with City in accordance with the deposit call schedule, also depicted on Exhibit B. City shall submit to the RCWD invoices requesting such deposit calls, which shall be due and payable within thirty (30) days of receipt. D. City may adjust estimated Reimbursement and deposit calls (higher or lower) upon City's receipt of sealed bids and construction contract amount. City shall notify the RCWD, in writing, of adjustments to estimated Reimbursement and/or deposit calls. Actual Reimbursement will be determined upon City's reconciliation of costs for the RCWD Improvements upon completion of the RCWD Improvements and upon the one-year anniversary of the filing of the Notice of Acceptance for the RCWD Improvements. Any excess deposit amounts will be refunded to RCWD by the City, and any deficit deposit amounts will be invoiced to the RCWD by the City, which shall be due and payable within thirty (30) days of receipt. 3. CONSTRUCTION. A. General. City requires the contractor performing RCWD Improvements to possess an "A" Contractor's License, issued by the State of California. B. Bidding and Performance. City shall prepare all construction contract documents for the RCWD Improvements that will be advertised for receipt of sealed bids. Upon City's receipt of sealed bids and selection of the lowest responsive and responsible bidder for the RCWD Improvements (hereinafter referred to as "Contractor"), City shall notify RCWD, in writing, of its intent to award a construction contract for the RCWD Improvements. C. Payment . City shall make payment to its consultant(s) and/or Contractor for work performed associated with RCWD Improvements. 4. PLANS, PERMITS, AND CONTACTS. Plans and Specifications. As part of City's preparation of the construction contract documents, the City shall review and approve all City plans and specifications associated with the RCWD Improvements in conjunction with its performance of the Project. CEQA. City shall prepare all documentation and obtain any and all environmental clearances as may be necessary for the Project including the RCWD Improvements, including but not limited to, compliance with requirements imposed under the National Environmental Protection Act ("NEPA") and California Environmental Quality Act ("CEQA"). 5. INSPECTION. A. City and RCWD shall provide all field inspection of RCWD Improvements. 1305827v4 B. City and RCWD's inspection personnel shall have the authority to enforce RCWD's construction plans and specifications for the RCWD Improvements, including associated work that may be within the limits of the Project. 6. INSURANCE. A. Insurance Requirements. The insurance required for the RCWD Improvements shall be consistent with the insurance requirements set forth in Section 7-3 of the specifications for the Project. City shall require its contractors and subcontractors to obtain insurance of the types and in the amounts described in said specifications and satisfactory to the City and RCWD. Such insurance shall be maintained through the term of this Agreement, or until completion of the RCWD Improvements, whichever occurs last. 7. INDEMNITY. RCWD and the City each hereby agree to indemnify, defend, and hold harmless the other Party and their respective directors, officials, officers, employees and agents from and against any claims, actions, damages and liabilities arising out of or in any manner connected with the activities governed by this Agreement due to any negligent acts, errors or omissions or willful misconduct of the indemnifying Party performed in connection with such Party's duties and obligations hereunder. 8. NOTICES. ALL NOTICES UNDER THIS AGREEMENT SHALL BE SENT AS FOLLOWS: RCWD: Rancho California Water District 42135 Winchester Road Temecula, CA 92589-9017 Attn: Corey Wallace, Engineering Manager CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589 Attn: Greg Butler, Director of Public Works/City Engineer Either Party may change its address for notices by notifying the other Party. All notices given at the most recent address specified shall be deemed to have been properly given. 9. AMENDMENT. Any Amendments to this Agreement must be in writing and signed by both Parties. 10. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in the Superior Court of the County of Riverside, State of California. 1305827v4 11. ATTORNEY'S FEES. If either Party commences and action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs from the losing Party. 12. TIME OF ESSENCE. Time is of essence for each and every provision of this Agreement. 13. INTERPRETATION AND HEADINGS. This Agreement shall not to be construed against the Party preparing it, but shall be construed as if both Parties prepared it. Headings in the Sections or 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 of this Agreement. 14. SEVERABILITY. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 15. PROVISIONS BINDING. This Agreement and the Exhibits attached hereto are binding on the heirs, representatives, successors, and assigns of the Parties of this Agreement. 16. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile signatures will be deemed original signatures, and will be followed by delivery of the original signature pages by U. S. Mail. 17. AUTHORITY TO SIGN AGREEMENT. The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the Parties hereto. 1305827v4 IN WITNESS WHEREOF, this Agreement has been executed as of the day, month and year first above written. RANCHO CALIFORNIA WATER DISTRICT By: Matthew G. Stone, General Manager ATTEST: Kelli Garcia, District Secretary CITY OF TEMECULA By: Aaron Adams, Acting City Manager Approved as to form: By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk 1305827v4 EXHIBIT "A" RCWD Improvements • Contract bonds, insurance, permits, project management, mobilization, demobilization, construction staking, and all other direct and indirect costs attributable to RCWD work. • Furnish trench protection (shoring or sloping) in accordance with CAL/OSHA standards for all applicable RCWD work (e.g., trenches greater than 5 feet in depth). • Furnish and install 12 inch shear ring flanged spool (10 LF) CML&C WSP (10 gauge min. wall thickness) at Vista Del Monte Road, including 12 inch Class 200 flanged gate valve, 12 inch blind flange, shear ring thrust block, 6 inch fire hydrant installation per RCWD Std. Dwg. RW -7, connection to existing system, removing existing 12 inch pipe & fire hydrant as required for construction in accordance with sheets 11 and 28 of the Construction Drawings (Stations 6+14 to 6+28). • Furnish and install 16 inch CML&C WSP (10 gauge min. wall thickness), fittings, welded joints, and test stations on Butterfield Stage Road (Stations 205+45 to 228+30) in accordance with sheets 10 through 12 of the Construction Drawings. • Furnish and install 12 inch C900-07 PVC (DR -14) pipe (114 LF), ductile iron fittings, restrained joints, warning tape, locator wire, remove existing 12 inch blind flange (Station 212+53.02) and connect to 12 inch outlet with 12 inch Class 200 flanged resilient wedge gate valve per Std. Dwg. RW -31 on Vista Del Monte Road (Stations 5+00 to 6+14) in accordance with sheets 11 and 28 of the Construction Drawings. • Furnish and install 16 inch CML&C WSP (10 gauge min wall thickness) and connection piping (Butterfield Stage Road, Sheet 12 of the Construction Drawings, Stations 228+30 to 228+40.77), including all fittings, flanges, welded joints, and 16 inch buttstrap per Std. Dwg. RW -32. • Furnish and install 16 inch CML&C WSP (10 gauge min. wall thickness) connection piping (Butterfield Stage Road, Stations 205+35 to 205+45), including an insulated test connection and insulated flanges per Std. Dwg. RW -41, all fittings, flanges, welded joints, and 16 inch buttstrap per Std. Dwg. RW -32. • Furnish and install 2 inch air and vacuum release assembly per Std. Dwg. RW -10 (Butterfield Stage Road, Station 212+70). • Furnish and install 6 inch fire hydrant installation per Std. Dwg. RW -7 (Butterfield Stage Road, Station 212+25). • Furnish and install two 16 inch Class 150 flanged butterfly valve per Std. Dwg. RW -31 (Butterfield Stage Road, Station 212+53.02). • EXHIBIT "B" REIMBURSEMENT 1305827v4 BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Location uJ 0 toss\s, CALLE GIRASOL 74, SOUTH LOOP RD VISTA DEL MON TRDE e60L0 __ A. 44--)N _. K ;ARE- '14 .. I wr 11•'; ' - . , R E t ' • 1 ' , • Z 0 'cil 0.' 0 5/DANE Ci ' 0 'ct 0 ° t_iGH LN & • Aerial Data - March 2010 512 5 1,025 Feet 2,050 4C CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 BUTTERFIELD STAGE ROAD EXTENSION Prosect Description: This project includes the complete design and construction of four lanes on Butterfield Stage Road (from Rancho California Road to Murrieta Hot Springs Road), four lanes on Murrieta Hot Springs Road (from Butterfield Stage Road to the City limits), and two lanes on Calle Chapos (from Butterfield Stage Road to Walcott Road), totaling approximately 3.2 miles of road. Benefit / Core Value: This project improves traffic circulation by providing a crucial north and south arterial road on the eastern side of the City. In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity. Protect Status:, Phase 1 of this project is under construction. It is anticipated that Phase II of this project will begin construction during fiscal year 2012-13. Department: Public Works—Account No. 210.165.723 Level: I Project Cost: Actuals to Date Future Total Project 2012-13 2013-14 2014-15 2015-16 2016-17 Years Cost Administration $ 585,319 $ 807,141 $ 100,000 $ 1,492,460 Acquisition $15,006,728 $ 2,051,352 $1,166,991 $ 17,058,080 Construction* $ 504,761 $ 22,153,126 $1,066,991 $ 23, 724, 878 Construction $ 173,808 $ 173,808 Engineering $ 21,480 $ 338,520 $ 360,000 Design $ 572,852 $ 87,052 $1,166,991 $ - $ - $ - $ - $ 659,904 Environmental $ 240,000 $ 240,000 Totals $16,691,140 $25,677,191 $1,166,991 $ - $ - $ - $ - $43,535,322 Actua Is Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost CFD (Roripaugh Ranch) $15,253,140 $25,503,383 $1,166,991 $ 41,923,514 Reimbursement/ Other (Shea Homes) $ 173,808 $ 173,808 TUMF $ 1,438,000 $ 1,438,000 Total Funding: $16,691,140 $25,677,191 $1,166,991 $ - $ - $ - $ - $ 43,535,322 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 2015-16 2016-17 $ 18,360 $ 18,727 $ 19,102 $ 19,484 *Construction funding is for Phase 1 in fiscal year 2011-12 and Phase II in fiscal year 2012-13. Note: Assumes that only minor right-of-way acquisitions would be necessary and that all major right-of-way dedications are voluntary. 47 Item No. 14 Approvals City Attorney Finance 11 City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Agreement for Geotechnical, Material Testing and Special Inspection for the Roripaugh Ranch Street improvements, Phase II, PW09-02 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: 1. Approve an agreement with Leighton Consulting, Inc. to provide professional geotechnical, material testing and special inspection services associated with Roripaugh Ranch Street Improvements, Phase II, PW09-02, in the amount of $195,000; 7 Authorize the Acting City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $19,500, which is equal to 10% of the agreement amount. BACKGROUND: This evening the City Council will consider award of a construction contract for Roripaugh Ranch Street Improvements, Phase II, PW09-02. The purpose of this Agreement is to provide the necessary soil and material testing and special inspection for this phase of the project. The Department of Public Works requested proposals from firms with extensive experience in geotechnical and material testing and special inspection of similar projects. The City received 14 responses from firms who responded to the request for proposals. Staff rated Leighton Consulting, Inc. as the firm most qualified to provide the needed services; they have extensive experience with similar projects. As indicated on Exhibit "A" of the attached Agreement, Leighton will provide all the geotechnical and material testing and special inspection services on an as needed basis. FISCAL IMPACT: The geotechnical and materials testing and special inspection services for Roripaugh Ranch Street Improvements Phase II project is included in the City's FY2013-17 Capital Improvement Program (CIP) budget as the Butterfield State Road Extension. It is funded with Community Facilities District (CFD) for Roripaugh Ranch, Reimbursement/Other from Shea Homes and Transportation Uniform Mitigation Fee (TUMF) funds. Adequate funds are available in the project account. ATTACHMENTS: 1. Professional Services Agreement 2. Project Location Map and Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. PW09-02 RORIPAUGH RANCH STREET IMPROVEMENTS — PHASE II THIS AGREEMENT is made and effective as of December 11, 2012, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Leighton Consulting, Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on December 11, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Ninety Five Thousand Dollars and No Cents ($195,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the mariner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the Agreement exceed the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Chief Financial Officer. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The Consultant 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 from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($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 Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall riot be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 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: 15. ASSIGNMENT Leighton Consulting, Inc. Attn: Robert F. Riha 41715 Enterprise Circle North, Suite 103 Temecula, CA 92590-5661 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula 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 Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA LEIGHTON CONSULTING, 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 Thomas C. Benson Jr., President & CEO ATTEST: By: By: Susan W. Jones, MMC, City Clerk Terrance M. Brennan, Chief Financial Officer APPROVED AS TO FORM: Bv: Peter M. Thorson, City Attorney CONSULTANT Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, CA 92590-5661 (951) 296-0530 (951) 296-0534 rriha@leightonconsulting.com PM Initials: 0 Date: 0 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: GEOTECHNICAL AND MATERIAL TESTING AND SPECIAL INSPECTION SERVICES ON AN AS NEEDED BASIS. EXHIBIT B Payment Rates 4 Leighton ++1,;s‘‘ CITY OF TEMECULA PROJECT NO 09-02 PROFESSIONAL FEE SCHEDULE 2012 CLASSIFICATION Prevailing Wage (Feld Soils Tester and Building ' Co"str Inspector) Staff Engineer/Geologist/Scientist Operations/Laboratory Manager Pnncipal Senior Principal METHOD $/HR CLASSIFICATION 86 Project Administrator /Word Processor Information Specialist 107 CAD Operator 136 GIS Specialist 183 Vehicle usage 221 5/HR 67 90 94 107 13 GEOTECHNICAL LABORATORY TESTING $/TEST CLASSIFICATION & INDEX PROPERTIES Moisture Content (ASTM D 2216) Moisture & Density (ASTM D 2937) ring samples Moisture & Density (ASTM D 2937) Shelby tube or cutting Atterberg Limits (ASTM D 4318) 3 points -single point non -plastic -Atterberg Limits (Organic ASTM D 2487 / 4318) - Visual classification as non -plastic (ASTM D 2488) Particle Size - sieve only 1'/7" to #200. (ASTM D 6913/CTM 202) -large sieve - 6" to #200 (ASTM D 6913/C 136/CTM 202) -hydrometer only (ASTM D 422) - sieve + hydrometer (s3' sieve, ASTM D 422) Dispersive Characteristics of Clay Soil (double hydrometer, ASTM D 4221) Specific Gravity -fine (passing #4, ASTM D 854/CTM 207) Specific Gravity -coarse (ASTM C 127/CTM 206) retained on #4 -Total Porosity - on Shelby tube sample (calculated from density & specific gravity) -Total Porosity - on other sample Photograph of sample Shrinkage Limits (Wax Method, ASTM D 4943) Pinhole Dispersion (ASTM D 4647) Percent Passing #200 Sieve, wash only (ASTM D 1140) As -Received Moisture & Density (chunk/carved samples) Sand Equivalent (CTM 217) COMPACTION & PAVEMENT SUBGRADE TESTS Relative Compaction of Untreated & Treated Soils & Aggregates (CTM 216) Relative Density (0.1 ft3 mold, ASTM D 4253, D 4254) Califomia Bearing Ratio (ASTM D 1883) -3 point -1 point R -Value (CTM 301) Untreated R -Value (CTM 301) Lime or cement treated soils Standard Proctor Compaction, (ASTM D 698) 4 points -4 inch diameter mold (Methods A & B) -6 inch diameter mold (Method C) Modified Proctor Compaction (ASTM D 1557) 4 points -4 inch diameter mold (Methods A & B) -6 inch diameter mold (Method C) Check Point (per point) $20 30 40 150 85 180 10 110 175 110 185 90 125 100 SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM 4972 or CTM 643) Electrical Resistivity — single point — in-situ moisture Minimum Resistivity 3 moisture content points (CTM 643) METHOD pH + Minimum Resistivity (CTM 643) Sulfate Content - Gravimetric (CTM 417 B (73) Part II) Sulfate Screen (HACH kit) Chloride Content (AASHTO T291/CTM 422 (78)) Corrosion Suite minimum resistivity. sulfate, chloride. pH (CTM 643) Organic Matter Content (ASTM 2974) SHEAR STRENGTH Pocket Penetrometer Direct Shear (ASTM D 3080, mod . 3 points) -Consolidated Undrained - 0.05 Inch/min -Consolidated Drained - <0.05 inch/min Residual Shear EM 1110-2-1906-IXA (price per each 165 additional pass after shear) Remolding or hand trimming of specimens (3 points) Oriented or block hand trimming (per hour) Single Point Shear Torsional Shear (ASTM D 6467 / ASTM D 7608) CONSOLIDATION & EXPANSION/SWELL TESTS Consolidation (ASTM D 2435) -Each additional time curve -Each additional load/unload w/o Time Reading Expansion Index (ASTM D 4829) 250 Swell/Collapse — Method A (ASTM D 4546-A, up to 10 load/unloads w/o time curves) 235 Single Load Swell/Collapse - Method B (ASTM D 4546-B, seat Toad & inundate only) Collapse Potential of Soils (ASTM 0 5333) 155 10 126 210 70 60 105 500 185 310 340 180 215 220 245 65 45 45 90 $/TEST 130 70 30 70 245 65 15 285 345 50 90 65 105 820 195 45 40 130 290 105 220 TRIAXIAL TESTS Unconfined Compression Strength of Cohesive Soil (with 135 stress/strain plot, ASTM D 2166) Unconsolidated Undrained Triaxial Compression Test on 170 Cohesive Soils (USACE Q test. ASTM D 2850, per confining stress) Consolidated Undrained Triaxial Compression Test for 375 Cohesive Soils, (ASTM D 4767, CU, USACE R -bar test) with back pressure saturation & pore water pressure measurement (per confining stress) www leightongroup.com E> NESZ t1L�I Consolidated Drained Triaxial Compression Test (CD. USACE S test. with volume change measurement Price per soil type below EM 1110-2-1906(X) - Sand or silty sand soils (per confining stress) - Silt or clayey sand soils (per confining stress) - Clay soils (per confining stress) _ Three -stage Triaxial (sand or silty sand soils) - Three -stage Triaxial (silt or clayey sand soils) - Three -stage Triaxial (clay soils) Remolding of Test Specimens HYDRAULIC CONDUCTIVITY TESTS Triaxial Permeability in Flexible -Wall Permeameter with backpressure saturation at one effective stress (EPA 9100/ASTM D 5084, falling head Method C) - Each Additional Effective Stress - Hand Trimming of Soil Samples for Horizontal K Remolding of Test Specimens 375 500 705 655 875 1,235 65 CITY OF TEMECULA PW 09-02 Permeability of Granular Soils (ASTM D 2434) SOIL -CEMENT Moisture -Density curve for Soil -Cement Mixtures (ASTM D 558) Wet -Dry Durability of Soil -Cement Mixtures (ASTM D 559) Compressive Strength of Molded Soil -Cement Cylinders (ASTM D 1633) per cylinder " Soil -Cement Remolded Specimen (for shear strength, consolidation, etc.) 310 "" Compaction (ASTM D 558 maximum density) should also be performed - not included in above price 120 60 65 135 240 1,205 60 235 CONSTRUCTION MATERIALS LABORATORY TESTING TECHNICIAN SERVICES S/UNIT Pick-up & Delivery - (weekdays per trip <50 mile radius 80 from Leighton office) Coring & Sizing (at Leighton laboratory per core) 80 METHOD S/TEST CONCRETE STRENGTH CHARACTERISTICS Concrete Cylinders Compression (ASTM C 39) (6" x 12") Compression Concrete or Masonry Cores (testing only) 56- diameter (ASTM C 42) Trimming concrete cores (per core) Flexural Strength of Concrete (Simple Beam with 3rd pt Loading, ASTM C 78/CTM 523) Flexural Strength of Concrete (simple beam w/ center point loading. ASTM 293/CTM 523) Mix Design, (review of existing data) Non Shrink Grout Cubes (2'. ASTM C 109/C 1107) Drying Shrinkage (four readings, up to 90 days, 3 bars ASTM C 157) ASPHALT CONCRETE, HMA, SPECIMEN TESTING Extraction by Ignition Oven (CTM 382) Extraction by Ignition Oven percent asphalt & gradation (CTM 382/CTM 202) Extraction, Percent Asphalt & Gradation. Centrifuge (ASTM 0 2172/D 5444) Extraction & Percent Asphalt centrifuge (ASTM D 2172) Extraction & Gradation, centrifuge (ASTM D 2172 /C 136) Stabilometer Value (CTM 366) Bituminous Mixture Preparation (CTM 304) Moisture Content of Asphalt (CTM 370) Bulk Specific Gravity - Molded Specimen or Cores (ASTM 0 1188/CTM 308) Maximum Density - Hveem (CTM 308) Theoretical Maximum Density & Specific Gravity of HMA. (CTM 309) Ignition Oven Correction/Correlation Values Thickness or Height of Compacted Bituminous Paving Mixture Specimens (ASTM 3549) Rubberized Asphalt (add to above rates) AGGREGATE PROPERTIES Sieve Analysis (fine & coarse aggregate ASTM C 136) Sieve Analysis -(finer than #200, Wash, ASTM C 117) LA Rattler -smaller coarse aggregate <1.5" (ASTM C 131) LA Rattler -larger coarse aggregate 1-3" (ASTM C 535) Durability Index (CTM 229) Cleanness Value of Coarse Aggregate (CTM 227) Unit Weight of Aggregate (CTM 212) Soundness Magnesium (ASTM C 88) Soundness Sodium Uncompacted Void Content -fine aggregate (CTM 234) Flat & Elongated Particles in Coarse Aggregate (CTM 235) Percent of Crushed Particles (CTM 205) Organic Impurities in Concrete Sand (CTM 213) 25 Apparent Specific Gravity of Fine Aggregate (CTM 208) 40 Moisture Content of Aggregates by Oven Drying (CTM 226) Clay Lumps. Friable Particles (ASTM C 142) MASONRY Mortar Cylinders (2" by 4", ASTM C 780) Grout Prisms (3". by 6-. ASTM C 1019) Masonry Cores Compression. 56" diameter (testing only. 215 ASTM C 42) 25 CMU Compression to size 8" x 8" x 16" (3 required, 400 ASTM C 140) CMU Moisture Content, Absorption & Unit Weight (6 required, ASTM C 140) CMU Linear Drying Shrinkage (ASTM C 426) 150 CMU Grouted Prisms (compression test 58- x 8" x 16', 195 ASTM E 447 C 1314) CMU Grouted Prisms (compression test > 8 x 8- x 16', 195 ASTM E 447 C 1314) Masonry Core -Shear Title 24 (test only) BRICK Compression (5 required, cost for each, ASTM C 67) SLAB -ON -GRADE MOISTURE EMISSION KIT Moisture Test Kit (excludes labor to perform test ASTM E 1907) 125 REINFORCING STEEL 130 Rebar Tensile Test. Up to No. 10 (ASTM A 370) Rebar Tensile Test. No 11 & over (ASTM A 370) quote Rebar Bend Test, Up to No 11 (ASTM A 370) 40 20 65 65 155 175 265 80 60 55 STEEL • 25% Tensile Strength, 5100,000 pounds axial load (ASTM A 370) Prestressing Wire, Tension (ASTM A 416) Sample Preparation (cutting) SPRAY APPLIED FIREPROOFING Unit Weight (Density. ASTM E 605) 135 90 165 190 200 210 50 225 650 130 215 135 60 130 40 175 25 25 25 40 45 40 175 180 250 40 60 45 100 45 45 150 50 60 10-12FS -15 SPCPW PAGE I OF 4 xrt tt 11 CITY OF TEMECULA PW 09-02 EQUIPMENT, SUPPLIES & MATERIALS 1/4" Grab Plates 1/4" Tubing (bonded) 1/4" Tubing (single) 3/8" Tubing clear vinyl Box of 10 soil drive -sample rings Brass Sample Tubes Caution Tape (1000 -foot roll) Combination Lock or Padlock Compressed Air tank & Regulator Consumables (gloves. rope, soaptape. etc.) Core Sample Boxes Crack monitor Cutoff Saws. reciprocating. electric (Saws-AII) Disposable Bailers Disposable Bladders Dissolved Oxygen Meter DOT 55 -gallon Containment Drum with lid Double -ring Infiltrometer Generator. portable gasoline fueled 3.500 watts Global Positioning System (GPS) Hand Auger Set In -Situ Level Troll 500 (each) In -Situ Troll 9500 low flow water sampling equipment Lockable Equipment Box Magnahelic Gauge Manometer Mileage Nitrile Gloves S/UNIT S 5 ea 0.55 foot 0 35 foot 0.55 foot 25 day 10 each 20 each 11 each 50 day 35 day 11 each 25 each 75 day 12 each 10 each 45 day 65 each 125 day 90 day 80 day 90 day 90 day 150 day 15 day 15 day 25 day IRS rate/mile 20 pair S/UNIT Nuclear Moisture & Density Gauge (licensed. 88 day calibrated. swipe tested) Pachometer 25 day pH/ConductivityfTemperature Meter 55 day Photo -Ionization Detector (PID) 110 day Pump, Typhoon 2 or 4 Stage 50 day QED Bladder Pump w/QED control box 160 day Resistivity Field Meter & Pins 50 day Safety Fence (100 -foot roll) 50 day Service Vehicle Usage 150 day Slip / Threaded Cap. 2" or 4" diameter, PVC 15 each Schedule 40 Slope Inclinometer 50 day Snow Fence (100') 40 roll Stainless Steel Bailer 40 day Submersible Pump. 10 gprn, high powered 160 day Grunfos 2" with controller Submersible Sump/Transfer Pump. 10-25 gpm 50 day Survey/Fence Stakes 8 each Tedlar® Bags 18 each Traffic Cones (525)/Barricades (single lane) 50 day Turbidity Meter 70 day Tyvek® Suit 18 each Vapor Sampling Box 45 day Visqueen (20' x 100') 100 roll Water Level Indicator (electronic well sounder) 60 day <300 feet deep well Other specialized geotechnical and environmental testing & monitoring equipment are available. and priced per site 10.12FS -15 SPCPW PAGE 2 OF 4 BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Location uJ 0 toss\s, CALLE GIRASOL 74, SOUTH LOOP RD VISTA DEL MON TRDE e60L0 __ A. 44--)N _. K ;ARE- '14 .. I wr 11•'; ' - . , R E t ' • 1 ' , • Z 0 'cil 0.' 0 5/DANE Ci ' 0 'ct 0 ° t_iGH LN & • Aerial Data - March 2010 512 5 1,025 Feet 2,050 4C CITY OF TEMECULA Capital Improvement Program Fiscal Year 2013-17 BUTTERFIELD STAGE ROAD EXTENSION Prosect Description: This project includes the complete design and construction of four lanes on Butterfield Stage Road (from Rancho California Road to Murrieta Hot Springs Road), four lanes on Murrieta Hot Springs Road (from Butterfield Stage Road to the City limits), and two lanes on Calle Chapos (from Butterfield Stage Road to Walcott Road), totaling approximately 3.2 miles of road. Benefit / Core Value: This project improves traffic circulation by providing a crucial north and south arterial road on the eastern side of the City. In addition, this project satisfies the City's Core Values of Transportation Mobility and Connectivity. Protect Status:, Phase 1 of this project is under construction. It is anticipated that Phase II of this project will begin construction during fiscal year 2012-13. Department: Public Works—Account No. 210.165.723 Level: I Project Cost: Actuals to Date Future Total Project 2012-13 2013-14 2014-15 2015-16 2016-17 Years Cost Administration $ 585,319 $ 807,141 $ 100,000 $ 1,492,460 Acquisition $15,006,728 $ 2,051,352 $1,166,991 $ 17,058,080 Construction* $ 504,761 $ 22,153,126 $1,066,991 $ 23, 724, 878 Construction $ 173,808 $ 173,808 Engineering $ 21,480 $ 338,520 $ 360,000 Design $ 572,852 $ 87,052 $1,166,991 $ - $ - $ - $ - $ 659,904 Environmental $ 240,000 $ 240,000 Totals $16,691,140 $25,677,191 $1,166,991 $ - $ - $ - $ - $43,535,322 Actua Is Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Project Years Cost CFD (Roripaugh Ranch) $15,253,140 $25,503,383 $1,166,991 $ 41,923,514 Reimbursement/ Other (Shea Homes) $ 173,808 $ 173,808 TUMF $ 1,438,000 $ 1,438,000 Total Funding: $16,691,140 $25,677,191 $1,166,991 $ - $ - $ - $ - $ 43,535,322 Future Operation & Maintenance Costs: 2012-13 2013-14 2014-15 2015-16 2016-17 $ 18,360 $ 18,727 $ 19,102 $ 19,484 *Construction funding is for Phase 1 in fiscal year 2011-12 and Phase II in fiscal year 2012-13. Note: Assumes that only minor right-of-way acquisitions would be necessary and that all major right-of-way dedications are voluntary. 47 Item No. 15 Approvals City Attorney Finance City Manager ffro-r- a6L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Acceptance of Improvements and Notice of Completion for Citywide Concrete Repairs — Fiscal Year 2010-11, PW11-03 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer - CIP RECOMMENDATION: 1. Accept the construction of the Citywide Concrete Repairs — Fiscal Year 2010-11, PW 11-03, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, and release the Performance Bond and the Labor and Materials Bond. BACKGROUND: On June 28, 2011, the City Council awarded a construction contract to B&T Works, Inc. in the amount of $280,721 to complete the Citywide Concrete Repairs — Fiscal Year 2010-11 PW11-03. The work for this annual project consisted of the removal and replacement of damaged curb & gutter, sidewalk, driveway approaches, under sidewalk drains, cross gutters, ADA ramps and spandrels at various locations throughout the City. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. The City obtained "beneficial use" of the project improvements on November 23, 2011. Since the one year warranty period has expired, a Maintenance Bond has not been issued. The construction retention for this project was released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Concrete Repairs — Fiscal Year 2010-11, PW11-03 is funded with the Department of Public Works Maintenance Division budget for Routine Street Maintenance. The base amount of the construction contract was $280,721, one contract change order was issued in the amount of $68,586.50, contract item under runs totaled $11,218.03, which resulted in a total project cost of $338,089.47. ATTACHMENTS: Notice of Completion 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 B&T Works, Inc., 23905 Clinton Keith Rd., Ste 114-351, Wildomar, CA 92595 to perform the following work of improvement: CITYWIDE CONCRETE REPAIRS — FY 2010-11 Project No. PW11-03 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 December 11, 2012. That upon said contract the Western 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: CITYWIDE CONCRETE REPAIRS — FY 2010-11. Proiect No. PW11-03 6. The location of said property is: Various locations Citywide, Temecula, California. Dated at Temecula, California, this 11th day of December, 2012. City of Temecula Susan W. Jones MMC, City Clerk C \Program Files (x86)Nleevia.Corn\Document Converter\temp12870..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 December, 2012. City of Temecula Susan W. Jones MMC, City Clerk C \Program Files (x86)Nleevia.Corn\Document Conveitei\temp12870..docx Fonn Item No. 16 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Approval of an Agreement for Purchase of Equipment — Theater Energy Efficient Lighting, PW12-18 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: Approve an agreement for purchase of equipment with Sacramento Theatrical Lighting, Ltd. in the amount of $222,054.45. BACKGROUND: The Old Town Temecula Community Theater's seven year old lighting console cueing/programming architecture is out of date and is no longer supported by hardware and software updates. This greatly limits the lighting designer's ability to create his/her vision for the production. The Theater Energy Efficient Lighting, Including Technology and Equipment Upgrade, PW12-18 will update the Theater's lighting console and theatrical lighting fixtures, which include LED sources, and interior house and work lights. It will provide significant energy efficiency, which will translate into cost savings in energy, labor, and maintenance. This will make it a viable and "Green" system for many years to come. It is estimated that the City will recover the cost of this reinvestment in the theater in less than 5 - years through electrical usage savings, reductions in replacement lamp and repair costs, as well as reduced HVAC usage, and reduced labor costs associated with revising theatrical light fixture layout. From an artistic stand point, the proposed equipment and system offer almost unlimited potential and flexibility. The proposed improvements to the theater will, exponentially, increase the ability of the City's clients to produce their best possible show, giving them near limitless choices in their artistic vision. It will also greatly enhance the experience for the theater patrons. On Tuesday, November 27, 2012, two proposals were publicly opened and electronically posted on the City's on-line bidding service, PlanetBids. The results were as follows: 1. Sacramento Theatrical Lighting, Ltd. 2. CBC Technical $241,118.96 $263,681.28 Staff has reviewed the proposals and found Sacramento Theatrical Lighting, Ltd. to be the lowest responsible quote. However, their bid is $18,718.96 higher than the budgeted amount for this project, which is $222,400. Staff worked with Sacramento Theatrical Lighting, Ltd. to eliminate some of the items and reduce other items in the bid to bring the total bid to within the budgeted amount. The elimination and/or reduction of items will not affect the function of the theater and these items can be procured at a later date, when funds are available. The changes are summarized as follows: 1. Eliminate Bid Item #3 — 14 - Altman Spectra Cyc 100 LED Cyc Lights 2. Eliminate Bid Item #4 —14 - Altman Spectra Cyc Yolk 3. Eliminate Bid Item #5 —16 — Altman C -Clamps 4. Reduce Bid Item #9 by one unit — ETC Source 4 Lustr+ LED Fixtures 5. Reduce Bid Item #10 by one unit — ETC Source4 19 degree EDLT Lens Tube 6. Reduce Bid Item #22 by one unit — Rosco DMX Iris Units The elimination and/or reduction of the above items will result in a new bid amount of $222,054.45, which is less than the budgeted amount. It should be noted that City staff will be installing the equipment that is being purchased at this time. FISCAL IMPACT: The Theater Energy Efficient Lighting, Including Technology and Equipment Upgrade is budgeted within the City's Capital Improvement Program Budget for Fiscal Year 2013-17 and is funded with Development Impact Fees (DIF) — Parks and Recreation. With the proposed reduction in the equipment to be purchased, there will be sufficient funds to cover the agreement amount of $222,054.45. ATTACHMENTS: 1. Agreement for Purchase of Equipment 2. Project Description 3. Project Location AGREEMENT FOR PURCHASE OF EQUIPMENT BETWEEN CITY OF TEMECULA AND SACRAMENTO THEATRICAL LIGHTING, LTD. THEATER ENERGY EFFICIENT LIGHTING, INCLUDING TECHNOLOGY AND EQUIPMENT UPGRADE, PW12-18 THIS AGREEMENT is made and effective as of December 11, 2012 between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Sacramento Theatrical Lighting, LTD. (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on December 11, 2012, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to City theater energy efficient lighting, as more particularly described in Exhibit A, Description of Equipment (hereafter "Equipment"), attached hereto and incorporated herein as though set forth in full. Vendor is to provide said equipment in accordance with Schedule of Prices in Exhibit B, attached hereto and incorporated herein as though set forth in full. 3. PURCHASE PRICE The Purchase Price which City agrees to pay to Vendor for the Equipment is Two Hundred Twenty Two Thousand Fifty Four Dollars and Forty Five Cents ($222,054.45). The Purchase Price is final and shall be paid by City to Vendor when the items are provided, inspected and accepted by the City and the City is billed for all the items or any portion of said items. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. 1 b. Title, License and Operating Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment is free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment is in good operating condition, is free of any defects, and is in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Vendor is aware that City is purchasing the Equipment for use as theatrical equipment for the Old Town Temecula Community Theater, and that City is relying on the warranties of the Vendor that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, riot misleading. 5. TIME OF DELIVERY The date and time of delivery of the Equipment shall be within 90 Calendar Days from the date of the Notice to Proceed. 6. PLACE OF DELIVERY The Equipment shall be delivered to the following location: City of Temecula 41000 Main Street Temecula, CA 92589 7. TITLE AND RISK OF LOSS Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Acceptance" above, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of 2 Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Software tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Software or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 11. MAINTENANCE Vendor shall maintain the Equipment in accordance with the terms of the maintenance schedule attached hereto as Exhibit D, and incorporated herein by this reference as though set forth in full. In performing the maintenance of the Equipment, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its maintenance obligations under this Agreement. 12. INDEMNIFICATION Vendor 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, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 13. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: • Description of Equipment 1 Scope of Work (from the Request for Proposal (RFP)), attached hereto as Exhibit A • Response/Quotation to the Request for Proposal (RFP), attached hereto as Exhibit B • Copy of Agreement, attached hereto as Exhibit C • Maintenance Schedule, attached hereto as Exhibit D b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. 3 c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's response to the RFP. 14. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 15. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 16. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 17. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual equipment received. 18. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 19. 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 Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Vendor or Vendor's sub -Contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 4 20. ENTIRE AGREEMENT; MODIFICATION; WAIVER This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Agreement Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Agreement Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 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: 22. EFFECTS OF HEADINGS Sacramento Theatrical Lighting, LTD. Attn: Stephen R. Odehnal 950 Richards Boulevard Sacramento, CA 95811 The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 23. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights 5 under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation 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. 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA SACRAMENTO THEATRICAL LIGHTING, LTD. (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 VENDOR John W. Cox, CEO Christina Lohrey, Secretary/Treasurer Sacramento Theatrical Lighting, LTD. Attn: Stephen R. Odehnal 950 Richards Boulevard Sacramento, CA 95811 (916) 447-3258 steveo@silltd.com PM Initials: ,0:z. Date: 7 EXHIBIT A DESCRIPTION OF EQUIPMENT 8 EXHIBIT B RESPONSE TO THE REQUEST FOR QUOTE 9 • • • t • • • • • • • PANCAKE RGBW ■ Moving Yoke Fixture with 16 bit Precision • 108 x 3W(30 Red, 30 Green, 30 Blue and 18 White) LEDs ■ LEDs Color Corrected ■ PowerCon Connectors In &Out for quick Interconnection (7 on one 120V Circuit) ■ Supplied with 20ft of PowerCon jumper cable&20ft of 5 pin DMX ■ Various Lens Kits Available 8°, 15°, 25°, 45°&60° ■ Thermal Protection ■ DMX or Automatic Operation ■ Operating Voltage 100-240V ■ Pancake RGBW — $1999 MSRP elektraLite LEO pro line. Group One Limited 70 Sea Lane.Farmingdale, New York 11735 T 516-2493662 F.516-249-8870 W.www.elektralect-corn E info@myelektralite.com In a policy of continual improvement features siibpxt to change Copyright E1e4 froJite.201T PANCAKE QUAD • Moving Yoke Fixture with 16 bit Precision ■ 36 x 12W QUAD (4 -in -1) LEDs ■ LEDs Color Corrected • PowerCon Connectors In & Out for quick Interconnection (7 on one 120V Circuit) ■ Supplied with 20ft of PowerCon jumper cable & 20ft of 5 pin DMX • 30° Lens ■ Thermal Protection ■ DMX or Automatic Operation ■ Operating Voltage 100-240V ■ Pancake QUAD — $2999 MSRP r IeektrcLitP I Efl pro ling Group One Limited 70 Sea Lane, Farmingdale, New York 11735 T. 516-249-3662 F. 516-249-8870 W. www.elektraled.com E. infoOmyelektralite.com In a policy of continual improvement -features subject to change. Copyright Elektralite, 2011 901 111204, trIC4.4141 iiit powerful )1(\r1tiye 11,•/ Elektralite LXE700wash LXE700spot Pon / T'IThs.. 8 bit and 16 bit control pon / tilt functions Max to min speed blackout by movement blackout by all wheel chonging Beam Output beam ongles zoom focus iris Color color wheels colors color wheel effects Lineor 70 — 28° Electronic zoom with wide angle lens Ph OS MSR700 (5900°K, 1000 hours) 8 bit and 16 bit control mox to min speed blackout by movement blackout by all wheel changing Stepped 24°, 28° and 35° Between fixed angles Yes Yes 1 rotating bidirectional color wheel 7 colors + open white Bi -color Variable speed forword / bockward rainbow effect Full CMY mixing [0 - 100% Cyan / Yellow / Magenta) Gobo total gobos rotating indexable hi -directional 16 bit fine positioning fixed Effect% effect wheel functions 1 rotating bidirectional color wheel 8 colors + open white Bi -color Voriable speed forward / backward rainbow effect Full CMY mixing [0 - 100% Cyan / Yellow / Magenta] 2 rotating bi-directional wheels 12 6+6 strobe / shutter effects programmed effects Full beam Beam shaper Frost filter Shutter close / open Strobe effect slow -to fast Pulse effect in sequences Random strobe effect slow to fast Channel dedicated with integral macros (8 effects programs) Save and replay 48 scenes/cues in fixture's live memory capability 8 preprogrammed shows con be selected 3 facet rotating prism Frost filter Shutter close / open Strobe effect slow to fast Pulse effect in sequences Random strobe effect slow to fast Channel dedicated with integral macros (8 effects programs) Save and replay 48 scenes/cues in fixture's live memory capability 8 preprogrammed shows can be se Electronics C::011%.I electronic ballast external lamp control super—quiet cooling display master / slave sound adivation Yes Yes Yes Yes Yes DMX address, Individual dmx channel value, Lamp hours, Fixture hours, Displo; c'crse,'€hannel test w/o Controller, Reset/home. Poi / Tilt reverse, Delay lamp start, Display shut off, C-'ongeable 8/16 bit Yes Yes Weig. • 72 lbs Finish Black pQWder coated Elektralite Group One Lmited 70 Sea Lane . Farmingdale . 11735 . US:. T + 1 516 249 3662. F +1 516 249 8870. W www.myelektralite.com . E info@myelektralite.com In policy of c.;ntinuol unpror -1t features subject to chonge . Copyright 7g Elektrolite, 2008 — 2009 eye Kandy • Moving Yoke Fixture • 200W White LED running at 150W for long life and reliability • Perfectly balanced white output for natural tones, devoid of the blue -white hue found in lesser fixtures. Can be colored using 7 internal glass dichroic filters ■ 6° beam angle produces a tight, intensely bright, pencil beam of Tight that can project over long distances • 7 interchangeable gobos that can rotate in both directions ■ 16 x 25° tri -color 3W LEDs, arranged around the front Tens, formatted and controllable in quadrants, can create color washes around the center pencil beam of light. Use as a projected pattern on cycs and walls or a visual effect onto the artists or audience • Individual or synchronised strobe and dimming feature on both 200W LED and 16 tri -color LEDs offer dramatic effects • DMX or Automatic Operation ■ Operating Voltage 100-240V • eye Kandy — $2,995 MSRP elektraLite LED pro line Group One Limited 70 Sea Lane, Farmingdale, New York 11735 T. 516-249-3662 F. 516-249-8870 W. www.elektraled.com E. info@myelektralite.com In a policy of continual improvement features subject to change. Copynght Elektralito, 2012 The Light Source Mega -Claw The new standard for hanging intelligent lighting fixtures. Allows one man to hang intelligent fixtures. Simply flip the link up, place clamp over the pipe and the Mega -Claw holds the weight of the fixture for you while you secure it with the solid 3/4" thick handle. The Mega -Claw will fit onto (1-1/2" Pipe) 1.9" OD to 2" OD. Minimum Size Maximum Size Safe Vertical Working Load Hardware Diminsions Weight Case Quantities Order Codes 1.5" pipe, 1.90" OD pipe 2" OD truss tube 1,100 Ib 500kg 1/2"-I3 x I" grade 5 hex head fixture mounting bolt with I" diameter 600 pound belleville spring washer for tensioning. 1/2"-I3 x 4" trapazoidal head bolt for securing link to pipe. 4.375" Tall x 6" Wide x 2" Thick 2 Ib .9kg 12 MWM Mega -Claw, Aluminum Finish MWB Mega -Claw, Black Anodized The Light Source. Inc 3935 Westinghouse Blvd. Charlotte. NC 28273 Phone: 704-504-8399 Fax: 704-588-4637 www.th el igh tsource. com • ETC® Source Four LEDTM U 100V 115/120V 230/240V GENERAL INFORMATION Source Four LED is the merging of the Source Four and Desire product lines. It offers the high quality optics and control of a Source Four with the grace and powerful color control of Desire Source Four LED Lustr+ fixtures are based on the x7 Color System-" utilizing six colors plus high-intensity white to achieve true, usable broad-spectrum color Rich vibrant colors as well as subtle theatrical tints are all possible with this color changing fixture. Explore new opportunities by pairing with incandescent light from the ETC's original Source Four line of fixtures to provide maximcm flexibility and range. Source Four LED Daylight are high -output non -variable white light fixtures with a S60JK color temperature Source Four LED Tungsten are non -variable white Tight fixtures with a 3000K color temperature Lustr+, Daylight, and Tungsten light engines work with all Source Four lens tubes to deliver a high quality controllable beam of LED light. For the best results it is highly recommended that EDLT versions are used. We also offer a special LED only version of the 50° lens tube. cors Source Four LED Series ORDERING INFORMATION Source Four LED Light Engine with Shutter Barrel (For use with irxed field lens tubes only) MODEL DESCRIPTION S4L.EDLS Source Four LED Lustr+ w shutter barrel, black S4LEDTS Source Four LED Tungsten w. shutter barrel, black S4LEDDS Source Four LED Daylight w. shutter barrel, black Source Four LED Light Engine Body (For use with zoom lens tubes and retrofit of existing fixtures) MODEL DESCRIPTION S4LEDL Source Four LED Lustr+ - body only, black S4LEDT Source Four LED Tungsten - body only, black S4LEDD Source Four LED Daylight - body only, black Color options. -1 = White,. -5 = Silver Grey /Custom Colours Fixture ships with a soft focus diffuser in gobo holder and a 1.5m PowerCon power input cable with Connector of choice. See page 2 for connector options Please note: Lens tubes to be ordered separately. ETC® Source Four LEDTM SPECIFICATIONS GENERAL • 60 LED array • ETL listed tc UL1573 – the standard for stage and studio lighting units • IP20-rated for indoor use • Power and DMX in/thru connections for easy setup • User-friendly control interface with multiple modes. and fixture settings PHYSICAL • Rugged die-cast all -metal housing • Available in black (standard), white or silver (optional) or custom colors (contact factory) • C-clamp • Positive locking Double -clutch fixture body • Slot for glass or stainless steel patterns and Soft Focus Diffuser • Wide accessory slot with sliding cover for motorized pattern devices or optional iris • Hanging yoke standard. Optional yoke/floor stand available ELECTRICAL • 100VAC to 240VAC 50/60 Hz universal power input • Neutrik power in and thru connections • Up to 9 fixtures (15A max) may be linked via power thru connector • Requires power from a non -dim source LED* • 50,000 hour LED life (50,000 hours to 70% intensity) • 60 Luxeon® Rebel LED emitters 'See additional LED notes on page three COLOR • Exclusive x7 Color System'" seven -color LED array • Beautifully illuminates skin tones and other ob•ects for natural appearance and high color rendering • Broad-spectrum color interacts seamlessly with conventional sources • Exclusive optional red -shift option emulates tungsten dimming performance OPTICAL • Available with Lustr+, Daylight, or Tungsten LED arrays • Use the included soft -focus diffuser for creating washes or soft light • Best performance using ETCs EDLT lens tubes • Can use all ETC Source Four Interchangeable lens barrels: 5°, 10° 14°, 19° 26° 36°, 50°, 70°, and 90° field angles as well as 19° 26° 3F;° and 50° FDIT lenses • For better performance use the new LED 50° barrel CONTROL • DMX512 in and thru via five -pin XL.R connectors • Multiple control options including RGB, strobe, and console - free Master/Slave mode • See DMX Control Table for additional information • 15 -bit virtual dimming engine provides smooth, high quality theatrical fades and minimizes color shift during dimming • RDM functionality for address and setting changes Source Four LED Series SPECIFICATIONS THERMAL • Ambient operating temperature of -40 to 104°F (-20° to 40°C) • Active electronic thermal management for droop -free operation • Ouiet fan cooling • Fixture is designed for continuous operation up to 104°F (40°C) ambient temperature and requires free flow of air around fixture housing ADDITIONAL ORDERING INFORMATION Power Input Cables Use Information below to order 5' power input leads with factory fitted connectors MODEL DESCRIPTION DPA -A 5' PowerCon" to parallel blade U -ground (Edison) connector DPA B 5' PowerCon to 20A two pin and ground (stage pin) connector DPA -C 5' PowerCon to grounded 20A twistlock connector DPA -X 5' PowerCon to bare -end power input lead Power Thru Jumpers Note: Power thru jumpers connect to fixture's output (thrul connector to provide link to successive fixtures MODEL DESCRIPTION DPJ 5 5' PowerCan to PowerCon' fixture to fixture jumper DPJ-10 10' PowerCon to PowerCon fixture to fixture jumper Diffusers MODEL DESCRIPTION S4LED-SFD Source Four LED—Soft Focus Diffuser (included) S4LED-SWD6 Source Four LED—Smooth Wash Diffuser for 6.25 gel frame slots S4LED-SWD7 Source Four LED—Smooth Wash Diffuser for 7.5 gel frame slots 54LED SWD12 Source Four LED --Smooth Wash Diffuser for 10° lens tubes 54LED SWD14 Source Four LED—Smooth Wash Diffuser for 50 lens tubes The Soft Focus Diffuser fits into a standard A -Size pattern holder and delivers beautiful homogenized light when not in sharp focus. Also, use with patterns for dappled and soft edge projections. The Smooth Wash Diffuser is used when extra -smooth blending of multiple Source Four LED fixtures is required. The smooth wash diffuser is placed into the gel frame slot of the lens tube 2 of 5 ETC® Source Four LEDTM PREFERRED LENSING OPTIONS (Lenses sold separately) Fixed Beam Lenses MODEL DESCRIPTION LED5OLT LED specific 50° EDLT with lenses installed LED5OLT-1 LED specific 500 EDLT (white) with lenses installed 436EDLT 36' EDLT w/lens installed 436EDLT-1 36° EDLT (white) w/lens installed 426EDLT 26° EDIT w/lens installed 426EDLT-1 260 EDLT (white) w/lens installed 419EDLT 19° EDLT w/lens installed 419EDLT-1 19° EDLT (white) w/lens installed 490LT 90° w/lens installed 490LT-1 90° (white) w/lens installed 470LT 70° w/lens installed 470LT-1 70° (white) w/lens installed 414LT 14° w/lens installed 414LT-1 14° (white) w/lens installed 410LT 10° w/lens installed 410LT-1 10° (white) w/lens installed 405LT 50 w/lens installed 405LT-1 50 (white) w/lens installed Zoom Lens Assemblies Use with light engine body models. MODEL DESCRIPTION 41530LT Source Four 15-30 Zoom lens assembly 42550LT Source Four 25-50 Zoom lens assembly Power Consumption at Full Capacity MODEL VOLTAGE (V) CURRENT (A) MAX POWER (W) 54 LED Lustr+." 120 1.11 129.9 54 LED Daylight'" 120 1.39 163.63 S4 I Fn Tunostpn" 120 1..35 157.4 3 of 5 Source Four LED Series ADDITIONAL ORDERING INFORMATION Fixture Accessories MODEL DESCRIPTION 400CC C -Clamp (included) 400SC Safety Cable 400PH-A Pattern holder (A size) 400PH-B Pattern hider (B size) 400PH-G Glass pattern holder 400RS Drop -In Iris 400CF Colorframe (6.25") 407CF 7,5" square color frame 400DN Donut 400TH Top Hat 400HH Half Hat DPS1-X 25' PowerCon to Edison input power cable with inline switch NOTES ABOUT LED LUMINAIRES All LED sources experience some lessening of light output and some color shift over time. LED output will vary with thermal conditions. Based on the LED manufacturer's 850 L70 specification, a Selador luminaire will achieve —70% of its initial output after 50,000 hours of typical usage. In individual situations, LEDs will be used for different durations and at different levels. This can eventually lead to minor alterations in color performance, necessitating slight adjustment to presets, cues or programs. CRI AND CQS RATINGS Source Four LED fixtures were evaluated for CRI and CQS performance using measured output spectrum and optimized mix solutions for a best spectral match to black body sources at 3200K and 5600K. FIXTURE CRI CQS Color Fidelity Duv 54 LED Lustr+ Reg at 3200K 84 87 87 0 54 LED Lustr+ Reg at 5600K 92 92 92 0 S4 LED Daylight at 5600K 71 70 69 0.001 54 LED Tungsten at 3000K 86 86 86 0.001 All Source Four LED luminaire versions provide excellent color rendering to the eye, particularly at higher color temperature settings such as 5600K. In most cases the Duv is 0.000. A Duv rating of 0.000 indicates that the color mix used is exactly on the black body line, with no green or magenta tint. ETC® Source Four LEDTM CONTROL OPTIONS User settings on Source Four LED fixtures allow multiple operational modes and settings for either console operation via DMX protocol or stand-alone operation. The expanded LCD display provides easy navigation to all possible settings and options. Soine of the setting options are: • Multiple DMX choices ranging from a simple R.GB profile - which effectively controls all seven LED colors via three channels - to nine -channel 'direct' color and intensity control • Multiple dimming curve options • Preset colors and sequences for stand-alone (no console required) operation • White poin= selection white light and color behavior based on a specific color temperature white light, i.e. 3200K, 5600K, etc • Loss of data behavior options - instant off, hold last look for two minutes, etc • Output modes - three output options that offer the user a choice between maximum output and maximum consistency See the user manual for a complete explanation of all of the control settings and options for the Source Four LED Quick Setups To assist in managing Me numerous control and fixture behavior choices, five combinations of operational settings are available to quickly get started. These settings are specifically created for different applications and are easily accessible at the fixture display. Each setting can then be modified as requned to take advantage Of all of the possible control features. Setting Title Profile Description Typical Features' General Direct Factory Default. For general purpose use including interior architectural applications • Standai4 dimming (lave • Regulated output for color consistency Stage HSI Plus 7 Enabled Theatncal lighting: Duplicates the color and dimming behavior of tungsten stage lighting fixtures • Incandescent dimming curve • Regulated output for color consistency • 3200K white point setting XT Arch HSI Exterior architectural lighting: Provides a high degree of color consistency in high ambient temperature envionments • Standard dimming curve • Protected output • 3200 white point setting High Impact RG8 Event lighting: Enables quickest response, simple RGB control and strnhe r'hannei tar maximum effect usage • Quick dimming curve • Boost mode for maximum intensity • 56OOK white paint cetnng Studio Studio Studio Factory Default: Fnables three parameter control of white light (intensity, white point. and tint) via DMX from console or from fixture display - no console required • Linear dimming curve • Regulated output mode for color consistency 'See user manual for complete list of features for eact Quick Setup Source Four LED Series CONTROL OPTIONS DMX Input Channel Profiles DMX Profile DMX Channels Channel Assignments Notes Direct 10 1 - Red 2 - White 3 - Amber 4 - Green 5 - Cyan 6 - Blue 7 - Indigo 8 - Intensity 9 - Strobe 10 -Fan Control Direct control o1 each individual color with a separate master intensity channel. Color calibration of LEDs .s not active in this mode. This profile will produce additive color cross - fades. 1-151 6 1 - Hue (coarse) 2 - Rue (fine) 3 - Saturation 4 - Intensity 5 - Strobe 6 - Fan Control High resolution hue (two - channels), saturation, and intensity control HSI mode will produce color cross -fades around the color space. HSIC 7 1 - Hue (coarse) 2 - Hue (fine) 3 - Saturation 4 - Intensity 5 - Strobe 6 - Fan Control 7 - Color Point (CCT) High-resolution hue, saturation and intensity control as above, with the addition of a color point channel to adjust the color temperature of the fixture in both white light and color. Color cross -fade performance is the same as HSI. RGB 6 (Ch. 4 not used) 1 - Red 2 - Green 3 - Blue 4 - n/a 5 - Strobe 6 - Fan Control Effectively addresses all seven colors via three channels of control RGB profile will produce additive color cross-tades. Studio 6 (Ch. 4 not used) 1 - Intensity 2 - Color Point (CCT) 3 - Tint 4 - n/a 5 - Strobe 6.- Fan Control Controls fixture as a white light unit. It no DMX, i.e. console input, is present, fixture can be adjusted for these three parameters on the LI/1 at the back of the unit Additional profile options Plus 7 Seven additional color control channels are available in RGB, HSI, and HSIC input profile settings. For example HSI with 'Plus 7' enabled becomes a 15 -channel profile 1 - Hue (coarse) 2 - Hue (fine) 3 - Saturation 4 - Intensity 5 - Strobe 6 - Fan Control 7 - n/a 8 - Plus7 Control on/off 9 - Red 10 - White 11 - Amber 12 - Green 13 • Cyan 14 - Blue 15 - Indigo The desired color and intensity s achieved by using the H51 or RGB channels Placing channel seven al a value over 51% gives the fixture a 15 -channel profile. Channels 9-15 represent the native colors of the fixture and allow the operator to adjust individual color channels to fine tune the color output. Strobe Variable strobe control: 0% is no strobe. The fixture output Will strobe more raoidlv as the strobe channel value approaches 100%. 4of5 ETC® Source Four LEDTM Source Four LED Series CONTROL OPTIONS Daylight and Tungsten (only) Quick Set -Ups Setting Title Pro -de Description Typical Features Studio Studio Enables control of intensity from luminaire U/l; no console required • Lineal dimming curve • Regulated output for intensity stability Single Channel Direct For general purpose architectural use • Standard dimming curve • Regulated output for color consistency Stage Direct Matches conventional luminaire performance • Incandescent dimming curve • Regulated output DMX Input Channel Profiles DMX Profile DMX Channels Channel Assignments Notes Studio 3 r - Intensity 2 - Strobe 3 - Fan Control Control of parameters is also enabled from the luminaire's user interface. No console required Direct 3 : - Intensity 28 12 7 Without Barrel 2 - Strobe 6.5 23 10.4 3 Fan Control PHOTOMETRY The Source Four LED Photometry Guide and complete IES photometry data files may be downloaded from the ETC website. Go to hflpjLwww.elcconne(t.com PHYSICAL Source Fource LED Weights and Dimensions • Dom nor MuY nu.,mng herMmre or 4m , W 12.1" 308mm 17.1" 434mm 10.8" 274mm 24,8" 631 mm 24.2" 615mm 10.6" 268mm 7,9" 200mm 6.9" 174mm 13.3" 338mm ,or( Corporate Headquarters • 3031 Pleasant View Rd, PO Box 620979. Middleton WI 53562 0979 USA • Tel .1 608 831 4116 • Fax +1 608 836 1736 London, UK • Uro: 26-28, Victoria Industrial Estate. Victoria Road, London W3 6UU, UK • Tel .44 (0120 8896 1000 • Fax +44 (0120 8896 2000 Rome, IT • Via Pieve Tonna, 48, 00156 Rome, Italy •Tel . 39 (061 32 111 683 • rax .44 (0)20 8752 8486 Holzkirchen. DE • Ohmstrasse 3. 83607 'otzkrrchen, Germany • TPI +49 (go 241 47 00-0 • Pax +49 (80 24147 00-3 00 Hong Kong • Room 1801, 18/r, rover t Phase 1, Enterprise Square, 9 Sheung Yuet Road, Kowloon Bay, Kowloon, Hong Kong • Tel +8521799 1220 • =ax +852 2 799 9325 n Web • www.etcconnect.com • Copyright0.7012 FTC All Rights Reserved. All product ntormadon and specrt.cauons %elect to change- 7460L' 001 Rev. C USA 09/12 I i 5 ono imeinanonal narenrs n•nr1,09 5of5 WEIGHT* SHIPPING WEIGHT lbs. kgs lbs kgs With Barrel 18.3 8.3 28 12 7 Without Barrel 14.3 6.5 23 10.4 • Dom nor MuY nu.,mng herMmre or 4m , W 12.1" 308mm 17.1" 434mm 10.8" 274mm 24,8" 631 mm 24.2" 615mm 10.6" 268mm 7,9" 200mm 6.9" 174mm 13.3" 338mm ,or( Corporate Headquarters • 3031 Pleasant View Rd, PO Box 620979. Middleton WI 53562 0979 USA • Tel .1 608 831 4116 • Fax +1 608 836 1736 London, UK • Uro: 26-28, Victoria Industrial Estate. Victoria Road, London W3 6UU, UK • Tel .44 (0120 8896 1000 • Fax +44 (0120 8896 2000 Rome, IT • Via Pieve Tonna, 48, 00156 Rome, Italy •Tel . 39 (061 32 111 683 • rax .44 (0)20 8752 8486 Holzkirchen. DE • Ohmstrasse 3. 83607 'otzkrrchen, Germany • TPI +49 (go 241 47 00-0 • Pax +49 (80 24147 00-3 00 Hong Kong • Room 1801, 18/r, rover t Phase 1, Enterprise Square, 9 Sheung Yuet Road, Kowloon Bay, Kowloon, Hong Kong • Tel +8521799 1220 • =ax +852 2 799 9325 n Web • www.etcconnect.com • Copyright0.7012 FTC All Rights Reserved. All product ntormadon and specrt.cauons %elect to change- 7460L' 001 Rev. C USA 09/12 I i 5 ono imeinanonal narenrs n•nr1,09 5of5 ETC® Source Four® EDLT 19°, 26°, 36°, & 50° ®W OCL CE 11ETE0 t1Et(D SPECIFICATIONS This data sheet provides. technical and photometric information for the performance of the Enhanced Definition Lens rube in Source Four fixtures with HPL (amps. For technical and photometr c information for HID Source Fou- fixtures, please refer to the appropriate HID EDLT datasheet. PHYSICAL • Rugged die cast aluminum construction • Smooth running teflon guides • Fits all standard Source Four shutter barrels • Uses 6.25" color frame • Compatible with UL, cUL and CE fixtures OPTICAL • Projector-quality,dual aspheric lenses • Minimum distortion of projected image • Provides up to 22% increased lumen output and efficiency • Provides. crisp image edge definition and high contrast • Superior optical glass with advanced AR coatirgs • Lens(es) secured with anti -vibration shock mounts • Beam edge continually adjustable hard -to -soft • Available in 19', 26 36', and 50' field angles Stannard Souae Four Si>4rii f v+rtll ELJLT 1 of 4 Ellipsoidal Series ORDERING INFORMATION Source Four EDLT MODEL DESCRIPTION 419EDLT 19' Enhanced Definition Lens rube 426EDLT 26' Enhanced Definition Lens Tube 436EDLT 36' Enhanced Definition Lens Tube 450EDLT 50' Enhanced Definition Lens Tube Note: EDLT is supplied with color frame. For a complete fixhrre, order the Source Four fixture body (7060A1023) in addition to the desired lens tube. Source Four products are protected by one or more of the following patents: U.S. USRE36,3316, US5,345,371, US6,092,914 and US5,775,799 U.K. GB0592589, GB0673488, 99930527.9* Germany DE0592589, GB0673488, 99930527.9* Japan JP2,501,772 " European patent application number -TG ETC® Source Four® EDLT 19°, 26°, 36°, & 50° Ellipsoidal Series PH0T0METR1C5 Photometric data below is measured with an HPL 750W/1 15V 300 hr lamp. ro convert data when using any other HPL lamp, use the lumen or candela multiplying factors (Lm ME or Cd MF) for that specific lamp, listed in the Lamps table in this datasheet. For lumen data, multiply by the Lm MF, For candela or footcandle data, multiply by the Cd MF. Source Four 19° EDLT Degree Candela Field Lumens Beam Lumens Efficiency Lumens per watt 19' 260,363 13,012 10,173 59.4% 17.3 For Field diameter at any distance, mul iply distance by 0.33 For Beam diameter at any distance, multiply Distance by 0.27 ield Angle —. Iso -Illuminance Diagram (Flat Surface Distribution) v 3001)00 250000 200000 ro ar • 100000 v 100000 50000 x Cosine Candela Plot 10% 50% - 0 - -6 -4 -2 0 2 4 6 8 10 Degrees 1 �J Source Four 26' EDLT Degree 25' 40' 55' 70' Throw Distance (d) 26' 182,301 15,412 9,929 70,4% 7.6m 12.2m 16.8m 21.3m 8.2' 13.2' 18.1' 23.1' Field Diameter 2.5m 4.0m 5.5m 7.0m Illuminance (fc) 417 163 86 53 Illuminance (lux) 4,484 1,752 926 572 Iso -Illuminance Diagram (Flat Surface Distribution) v 3001)00 250000 200000 ro ar • 100000 v 100000 50000 x Cosine Candela Plot 10% 50% - 0 - -6 -4 -2 0 2 4 6 8 10 Degrees 1 �J Source Four 26' EDLT Degree Candela Field Lumens Beam Lumens Efficiency Lumens per watt 26' 182,301 15,412 9,929 70,4% 20.5 For Field diameter a1 any distance, multiply distance by 0,45 For Beam diameter at any distance, multiply distance by 0.31 Iso -Illuminance Diagram (Flat Surface Distribution) 200000 180000 100000 140000 r0 120000 a 100000 ro 80000 60000 40000 20000 If -5 2014 x Cosine Candela Plot 10% 50% -t2 $ -6 -3 0 3 6 9 12 16 Degrees 20' 35' 50' 65' Throw Distance (d) 6.1m 10.7m 15.2m 19.8m 9.0' 15.8' 22.6' 29.4' Field Diameter 2.8m 4.8m 6.9m 8.9m Illuminance (fc) 456 149 73 43 Illuminance (lux) 4,906 1,602 785 464 Iso -Illuminance Diagram (Flat Surface Distribution) 200000 180000 100000 140000 r0 120000 a 100000 ro 80000 60000 40000 20000 If -5 2014 x Cosine Candela Plot 10% 50% -t2 $ -6 -3 0 3 6 9 12 16 Degrees ETC® Source Four® EDLT 19°, 26°, 36°, & 50° Ellipsoidal Series PHOT OMETRIC S Complete IES photometry data files (LM -63-02 format) may be downloaded from the ETC website. Go to http://www.etcconnect.com/downloads.asp Source Four 36° EDLT Degree Candela Field Lumens Beam Lumens Efficiency Lumens per watt 36' 98,553 14,271 8,941 65.2% 19.0 For Field diametei at any distance, multiply distance by 0.61 For Beam diameter at any distance, multiply distance by 0.40 01 c C i0 V Iso -Illuminance Diagram (Flat Surface Distribution) y Cosine Candela Plot 10% 50% -20 -15 -10 -5 0 5 10 15 20 Degrees l—Y Source Four 50° EDLT Degree 15' 25' 35 45' Throw Distance (d) 50° 41,471 14,437 9,542 65.9% 4.6m 7.6m 10.7m 13.7m 9.1' 15.2' 21.2' 27 3' Field Diameter 2.8m 4.6m 6_5m 8.3m Illuminance (fc) 438 158 80 49 Illuminance (lux) 4,715 1,697 866 524 01 c C i0 V Iso -Illuminance Diagram (Flat Surface Distribution) y Cosine Candela Plot 10% 50% -20 -15 -10 -5 0 5 10 15 20 Degrees l—Y Source Four 50° EDLT Degree Candela Field Lumens Beam Lumens Efficiency Lumens per watt 50° 41,471 14,437 9,542 65.9% 19.2 For Field diameter at any distance, multiply distance uy 0.93 For Beam dlameter at any distance, multiply distance by 0.14 1 v cc v 3o14 Iso -Illuminance Diagram (Flat Surface Distribution) y 45000 40000 35000 30000 25000 20000 15000 10000 5000 X /( Cosine Candela Plot 10% 50% -26 -20 - 5 -10 E 0 5 10 15 20 25 30 Degrees 10' 15' 20' 25' Throw Distance (d) 3.0m 4.6m 6.1m /.6m 9.2' 13.9' 18.5' 2.3.1' Field Diameter 2.8m 4.2m 5.6m 7.0m Illuminance (fc) 415 184 104 66 Illuminance (tux) 4,464 1,984 1116 714 3o14 Iso -Illuminance Diagram (Flat Surface Distribution) y 45000 40000 35000 30000 25000 20000 15000 10000 5000 X /( Cosine Candela Plot 10% 50% -26 -20 - 5 -10 E 0 5 10 15 20 25 30 Degrees ETC® Source Four® EDLT 19°, 26', 36°, & 50° Ellipsoidal Series LAMPS To determine Candela (Cd) or Lumens (Lm) for any other -HPL Tamp, multiply the Candela or Lumen value by the multiplying factor (Mr) shown for that lamp in the table below. ETC Part # Lamp Code Watts Volts Initial Lumens Color Temp. K Avg. Rated Life 19° Cd MF 19° Lm MF 26° Cd MF 26° Lm MF 36° Cd MF 36° Lm MF 50° Cd MF 50° Lm MF 81116 HPI 750/1`5** 750 115 21,900 3,250 300 1.00 1;00 1.00 1.00 1.00 1.00 1.00 1.00 RT -96 HPI. 750/115X 750 115 16,400 3,050 1,500 64 74 _64 .74 .64 .74 .64 .74 RT113 HPL 575/1 5** 575 115 16,520 3,250 300 85 .82 .78 .82 .67 .75 79 .76 RT114 HPL 575/115X 575 1 15 12,360 3,050 2,000 56 56 56 .56 .56 .56 56 .56 RT142 HPL 375/115 375. 115 10,540 3,250 300 71 53 .66 52 .56 48 66 .46 RT143 HPL 375/115X 375 115 8,500 3,050 1,000 .49 .40 45 .40 39 .36 .46 .36 N/A HPL 750/120 750 120 21,900 3,250 300 1.00 1 00 1.00. 1 00 1.00 1.00 1.00 1.00 N/A HPL 750/120X 750 120 16,400 3,050 1,500 .64 .74' .64 74 .64 74 .64 .74 RT115 HPL 575/120 575 120 16,520 3,250 300 .85 .82 .78 ,82 .67 75 79 .76 RT171 HPL 575/120X 575 120 12,360 3,050 2,000 .56 .56 .56 .56 56 .56 .56 .56 RT112 HPL 550/77* 550 77 16,170 3,250 300 ,87 81 .77 .77' .68 73 .81 75 RT117 HPL 550/77X* 550 77 12,160 3,050 2,000 .59 .56 .59 .56 59 .56 .59 .56 RT160 HPL 750/230" * 750 230 19,750 3,200 300 .64 .70 :64 .75 34 .86 74 .75 N/A HPL 750/230X 750 2.30 15,600 3,050 1,500 .40 .55 .40 .59 .46 67 .46 .59 RT12.9 HPL 575/230** 575 230 14,900 3,200 400 55 .53 .53 .61 .63 .65 .61 60 RT138 HPI 575/230X 575 230 11,780 3,050 1.500 ,38 .42 .38 .45 .44 .51 .45 .45 RT154 HPL 375/230X 375 230 7.800 3,050 1,000 30 .28 .29 .32 .35 .34 .34 31 N/A HPL 750/240 750 240 19,750 3,200 300 .64 .70 .64 75 74 85 .74 .75 N/A HPL 750/240X 750 240 15,600 3,050 1,500 .40 55 40 59 .46 .67 .46 59 RT130 HPL 575240 575 240 14,900 3,200 400 52 .53 .50 .61 .60 .65 .58 .60 RT139 HPL575/240X 575 240 11,780 3,050 1,500 36 .42 .36 .45 41 .51 .42 .45 RT155 HPL 375/2-40X 375 240 7.800 3,050 1,000 30 .28 .89 32 .35 34 .34 3.1 Source Four EDLT IS rated for 750W maximum. • 77 Volt HPL lamps are for use with ETC Dimmer Doubling dpchnlo)ogy only •'Photometric data was p'epared using a production fixture and the Prometric CCD measurement system. Fixture adjusted for cosine distribution and tested with calibrated lamp at raced voltage. All data normalized to nominal lamp lumens In accordance with 1E51,M-13-04. resting performed at ETC West, Itollywood. CA. All other multiplying factors extrapolated from primary test data. for lints to photometry file downloads 0E5 LM -63-02 format) go to wwwelcconnecLcom +IPL Specified Tolerances. "Watts. */- 5%, Lumens +/-7%, Average lile +/-10%, Color Temperature +/-SOK "N/A" lamps are not available for purchase. from ETC. Contact your Dealer for purchase. PHYSICAL 5.10" 129.5rrrm 9.70" 246.4mm 6.86" 174.2mm 5,17" 131.3mm 5.5mm 1 ■ • Source Four EDLT Weights' MODEL WEIGHT SHIPPING WEIGHT lbs kgs Has kgs EDLT 4.5 2.1 6 2.8 * Lens Tube only ' ( Corporate Headquarters • 3031 Pleasant View Rd, PO Box 620979, Middleton WI 53562 0979 USA • Tel +1 608 831 4116 • Fax +1 608 836 1 736 ' London, UK • Unit 26-28, Victoria Industrial Estate. Victora Road, London W3 6UU, UK • Tel +44 (0)20 8896 1000 • Fax +44 (0)20 8896 2000 Rome, IT • Vra Neve Tonna, 48, 00156 Rome, Italy • Tel +39 (06) 32 111 683 • cax f44 (0)20 8752 8486 Holzkirchen, DE • Ohms■rasse 3, 83607 Holzkecnen, Germany • Tel +49 (80 24) 47 00-0 • tax r49 (80 24) 47 00-3' 00 Hong Kong • Room 1801, 18/1, Tower 1 Phase 1, Enterprise Square, 9 Sheung Yuet Road, Kowloon Say, Kow)oon, Hong Kong • tel +852 2799 1220 • Fax +852 2799 9325 o Web • Www.elcconnect.com • C opyngh102010 1 rC, All Rights Reserved. All product information and specdicatrons subject to Change. 706011042 Rev. C Printed in USA 17/) 0 4 of 4 ETC® GioTM Console 6- C E 100V 115/120V 230/240V GENERAL INFORMATION Complete control of conventional and moving lights, LEDs and media servers. Supports rrultiple users with partitioned parameter control and full backup, multiple playback faders and cue lists in a tracking, move fade environment, with unique force -feedback encoders, two integral articulating multi -touch displays and backlit keys APPLICATIONS • Theatre • Television Studios • Houses of Worship • Corporate Theatre • Exhibits • Special Events • Touring FEATURES • 2048, 4096, 6144 or 8192 outputs/parameters • 10,000 control channels • Twelve Discrete Users • Partitioned Control • Master playback pair with motorized 100mm faders • Ten 100mm motorized faders x 30 pages for configurable faders, submasters, masters and grandmaster control • Two multi -touch LCD touchscreens for display, direct selection and context sensitive control • Four discrete palette types (IFCB) • Presets function as "all palette" • Effects provide dynamic relational and absolute progressive behavior • Central infcrmation area (CIA) accesses electronic alpha keyboard, Hue + Saturation color picker, gel picker, browser and other controls • Four force -feedback encoders for non -intensity parameter control • Configurab e high-density channel display, with format and flexi-channel modes • List views of all record targets • ETCNet2'" and Net3'" (powered by ACN) output protocols • Show impo-t from Obsession°, Express", Expression°, Emphasis°, Congo° and Strand 500/300 Series via ASCII • Multiple MIDI and/or SMPTE Time Code Inputs, MIDI Through and Output, Analog/Serial Inputs • Virtual Media Server function for pix mapped effects, images and animations Eos Series ORDERING INFORMATION Gio MODEL DESCRIPTION Gio 2K Gio Console, 2048 outputs Gro - 4K Gio Console, 4096 outputs Gio 6K Gio Console, 6144 outputs Gio - 8K Gio Console, 8192 outputs Ion RPU - 2K Ion Remote Processor Unit, 2048 outputs Eos RPU - 4K Eos Remote Processor Unit, 4096 outputs Eos RPU - 6K Eos Remote Processor Unit, 6144 outputs Eos RPU - 8K Eos Remote Processor Unit, 8192 outputs Gio 2000 Up 2048 output upgrade Eos - CSK Client Software Kit 1 of 4 Output protocols are distributed using ETCNet2 DMX nodes or Neta DMX/RDM Gateways. I/O gateways and Show Control Gateways provide switch closure functionality. MIDI and SMPTE time code Gio Accessories MODEL DESCRIPTION Net3 RFR - US Radio Focus Remote 903 MHz US Net3 RFR - RX Net3 Radio Focus Remote, Receiver Only Net3 RFR - TX Net3 Radio Focus Remote, Transmitter Only FADW 2x10 Fader Wing - 2x10 FADW 2x20 Fader Wing - 2x20 Net3 RVI Net3 Remote Video Interface ETC - TS 19" LCD touchscreen (1280x1024) GIO FC Gio Flightcase Eos Family Offline Editor software for Mac and PC platforms is available for download from www.etcconnect.com SHIPS WITH: • Dust Cover • 2 Little Lites • Mouse and Mousepad • External Alpha -numeric keyboard • ETC® GioTM Console SPECIFICATIONS SYSTEM CAPACITY • 2048, 4096, 6144 or 8192 Outputs/Parameters • 10,000 Control Channels (devices) • 10,000 Cues • 999 Cue Lists • 200 Active Playbacks • 300 Submasters • 30 Fader Pages • 4 x 1000 Palettes (Intensity, Focus, Color, Beam) • 1000 Presets (all palette) • 1000 Groups • 1000 Effects (relative, absolute or step) • 1000 Macros • 1000 Snapshots • 1000 Curves • Supports three external DVI/SVGA monitors at 1280 x 1024 minimum resolution with optional touchscreen or multi -touch control • Solid state hard drive • USB ports far flash drives, pointing devices, keyboards DISPLAY FUNCTIONS • All show data may be viewed on a single external monitor or may be posted to the integral touchscreens. External views may be posted separately or expanded across a maximum of three monitors • The Centra Information Area accesses. Browser File Management System Defaults - Show Defaults Desk Defaults Partition Definitions - Network Configuration - Show Data Utilities - Printing Record Target Lists Patch functions - Help Hue and Saturation Color Picker - Electronic alpha keyboard - Command Line - Selected Cue - Error messages - Context Sensitive Control - Parameter Categories and individual parameters - Filters • Channel Displays Live channel or table view - Blind cue, palette, preset and group views, in list, channel, table and spreadsheet formats User configurable to show required parameters and/or parameter categories (IFCB) - Flexi-channel to determine which channels to display - Zoom allows user to define how many channels are viewed - Color coded intensity levels indicate direction of move Eos Series 2 of SPECIFICATIONS - Color coded non -intensity levels indicate change from previous state - Graphic differentiation of moving lights, single parameter devices and unpatched channels • Patch Views Patch by channel Patch by address Assign proportional patch value, curve, preheat value for intensity Swap pan and tilt Invert pan and tilt Custom fixture editor • Playback Status Display - Accesses status of 30 fader pages - Expanded cue list for selected cue Optional dynamic countdown of active cues • Cue List Index • Effect Editor • Group Editor • Park Display • Fader Display - Isolates display to active output by fader contribution • Dimmer Monitoring PLAYBACK CONTROLS • Master Playback crossfade pair with 2 100mm motorized potentiometers, Go, Stop/Back and Load • Thirty pages of 10 100mm motorized faders, each configurable as: - Single playback, with Go and Stop/Back Crosstade playback, with Go and Stop/Back - Rate controller - Additive, Inhibitive or Effect Submaster, with Bump and Assert/Channel Select • Grand Master with Blackout • Playback fader controls include: Load to assign cue lists - Timing Disable Off/On - Release - Filters - Freeze - Assert - Manual Override Rate Go ToCue 0 Multipart Spread Background enabled/disabled MACROS • May be set to play background or foreground • Startup and Shutdown Macros ETC® Gion' Console SPEC IFICATIONS MANUAL CONTROL • Channel selection from keypad and/or direct selects • Lists constructed with +, -, thru • Intensity set with level wheel, keypad, "level" button, full and out • Select Last recalls last sequential channel selection set • Select Manual selects all channels with manual values • Select Active selects all channels with intensity above zero • Ordered groups • Offset; including even, odd, random, and reverse • Fan • Sneak • User definable home • Home by parameter, parameter category or all non -intensity parameters • Capture • Park at level • Scaled park for temporary percentage adjustment • Recall from and Copy to commands • About provides detailed view of selected channels or record targets • Undo • Highlight and Lowlight, with optional user -definable Rem Dim • Lamp controls to strike and douse arc Sources, calibrate devices PROGRAMMING FEATURES • Channel Functions Non Intensity parameters set via numeric entry or pageable encoders - Encoders support software controlled tactile response Local display of color and gobo images Color matching to gel selector or Hue/Saturation color picker Apply discrete time and delay per channel parameter • Palette and Preset functions - Record and Update - Toggle display to absolute data - Up to 99 decimal values may be inserted between any two whole numbers • Effects - Create live or blind - Pattern based relative dynamic effects - Absolute effects - Step effects - Multi -part effects easily synchronize parameter activity - Entry mode determines how parameters enter effects - Exit moce determines how parameters depart effects • Cue Recording - Cue List HTP/LTP Intensity - Cue List Independent - Cue List Assert Fader as progress controller or intensity master Record manual values or channels in use Autoplay back recorded cues Referenced or auto -mark instructions Block at cue or parameter level 3ri4 Eos Series SPECIFICATIONS Assert at cue or parameter level Allfade flag Follow or hang times Out of sequence link Loop functions Cue level parameter category timing 20 part multipart cues with default part assignment Cue level rate overnde Mark flags for Auto or Referenced Marks Up to 99 decimal cues between each two whole numbered cues Execute List Triggers snapshot with delay Triggers macros with delay Triggers go of other cues Syncs go to multiple cue lists Show control triggers Analog triggers Update and Update Trace functions - Undo record and delete • Submaster Recording and Playback - 300 additive, inhibitive or effect submasters - Bump button timing for fade up/dwell/fade out - Assert/Channel select button - Exclusive or Shielded Mode - Background enable/disable - Restore to background or minimum value - IJP/HTP intensity - Fader as progress controller or intensity master - Bump button to mark NPs - Independent status - Motorized faders match level across all devices and Mien paying Submaster mapping on the fly • Curves - Assignable in patch to modify dimmer output ramp - Assignable at cue or cue part level to modify intensity crossfade profle or non -intensity parameter ramping INTERFACES • Ethernet (two ports) 802.3af compliant PoE • ETCNet2', Net3'" (powered by ACN), Artnet and Avab UDP output protocols • Two DMX512 Ports (RDM Ready) • Contact Closure Triggers Via D -Sub Connector • Three video connectors support DVI/SVGA external displays (1280x1024) with optional touch screen control • US8 multipurpose bus (seven ports) • Phone Remote • MIDI In/Out (MIDI Timecode, MIDI Show Control) • SMPTE Timecode through Gateway • Contact closure (12 analog inputs, 12 SPOT contact outputs, RS -232) through Gateway ELECTRICAL • AC Input (100 - 240V at 50/60 Hz) • Power consumption (less external monitors) approximately 2 amps at 120V and 1 amp at 230/240V ETC® GioTM Console PHYSICAL Gio Dimensions' MODEL HEIGHT WIDTH DEPTH kgs inches mm inches mm inches mm Gio 10.9 276.86 30.5 774 7 23.2 589.28 Gio in Shipping Container 34.5 876.3 27.3 692.2 10.1 257 2 Gio in Road Case 34 863.6 36.2 919.5 9.3 234.2 .11 30.5" 774.7mm IMAM MI MI IN. MI Ira Ira GG 3 30.5" 774.7mm - -01 - -a Eos Series Gio Weights' MODEL WEIGHT lbs kgs Gio Console 45 20 5 Gio in Shipping Container 60 27.2 Gio in Road Case 80 36.3 "Weights and dimensions typical 23.2" 589.28mm 23.2" 589.28mm i 10.9" 276.86mm 3f1 7.87mm 4 4.23" 107.44mm .31 7.87mm Corporate Headquarters • 3031 Pleasant View Rd, a0 Box 620979, Middleton WI 53562 0979 USA • fel • 1 608 8.31 4116 • Fax .1 608 836 1736 London. UK • Unit 26-28, Vrclorm Industrral Estate, Victoria Road, London W3 6U11, UK • Tel r.44 (0)20 8896 1000 • Fax •44 (0)20 8896 2000 Rome, IT • via Pleve Tonna, 48, 00156 Rome, Italy • Tel 1.39 306) 32 1 1 1 683 • Fax .44 40) 20 8752 8486 HolzkIrcfien, DE • Ohm<.trasse 3, 8.36071- MAI rchen, Germany • Tel +49 (80 24) 47 00-0 • rax +49 (80 2/0 47 00-3 00 Hong Kong • Room 1801, 1M, Tower 1 Phase 1, Enterprise Swale, 9 Sheung Vuet Road, Kowloon Bay, Kowloon, Hong Kong • lel +852 2799 1220 • Fax +852 2/99 9325 .e Web • wsvw.etcconnect.com • Copynghti'2011 ETC All Rights Reserved All proouet information and speuficatons subject to change. 4 24 01.1 01 7 Rex B USA 09/11 ggicioxxxls p,uaood eyus an4 mncrnalian.l ,anrvnts pv,w,n4 4 of 4 ETC Universal Fader Wings and Module V. C E 100V 115/120V 230/240V 2 x 10 Fader Wing Eos® Series Congo® Series GENERAL INFORMATION The compact Universal Fader Wings can be used with an Eos or Ion console to provide more physical playbacks or can connect to a Congo jr console to provide access to 20 or 40 Master Playbacks. Connection to Eos, Ion° or Congo jr may be made via USB cable, or the wing(s) may be physically connected to either side of an Ion or Congo jr console. The 1 x20 Fader Module can be used with an Ion or Congo jr console directly, or with the Eos RPU, Ion RPU, Congo Light Server or Net3 RVI in a rack -mounted installation. APPLICATIONS • Any situation requiring additional fader control from: An Eos console An Ion console An Eos/lon Remote Processor Unit A Congo jr console A Congo Light Server A Net3 Remote Video Interface connected to an Eos/lon or Congo/Congo jr system A PC operating with an Eos/lon or Congo Client Software Kit FEATURES • Two rows of 10 faders, two rows of 20 faders or one row of 20 faders • Integral LCD display(s), on the Wings only, for identification and labeling functions • USB connectivity to console, RPU/Light Server, RVI or PC 1 i2 2 x 20 Fader Wing 1 x 20 Fader Module ORDERING INFORMATION Universal Fader Wing MODEL DESCRIPTION FADW 2 x 10 2x10 Fader Wing FADW 2 x 20 2x20 Fader Wing FADM 1 x 20 1x20 Fader Module Ships with • Universal 12v power supply with Wings • USB A to B cable • Documentation ETC Universal Fader Wings and Module SPECIFICATIONS PHYSICAL • 20/40 45 mm faders - 40/80 keys for various functions - Integral LCD display(s) for identification and labeling, Wings only INTERFACES • USB Multipurpose bus COMPATIBILITY • In Eos Control Systems: - Eos Console - Eos Remote Processor Unit (RPU) - Net3 Remote Video Interface (RVI) - Eos Client Software Kit • In Ion', Control Systems: - Ion Console - Ion RPU - Net3 Remote Video Interface (RVI) - Ion Client Software Kit • In Congo Control Systems: - Congo Ir Console - Congo Light Server - Net3 Remote Video Interface (RVI) - Congo Client Software Kit ELECTRICAL • When rigidly connected to Ion or Congo Jr, unit powered by console • When connected with external USB. - 2 x 20 = 10 watt power consumption maximum - 2 x 10 = 5 watt power consumption maxim..im 8 to 28Vdc external power supply (included) - 1 x 20 = 50-200mA at 5V PHYSICAL Universal Fader Wing Dimensions' MODEL HEIGHT WIDTH DEPTH lbs inches mm inches mm inches mm FADW 2 x 10 5.25 133 9.45 240 15.93 405 FADW 2 x 20 5.25 133 17.89 454 15.93 405 FADM 1 x 20 3.15 80 17.64 448 7.34 186 Universal Fader Wing Weights' MODEL WEIGHT SHIPPING WEIGHT lbs kgs lbs kgs FADW 2 x 10 6.5 2,95 8 3.65 FADW 2 x 20 12 5.5 15 7 FADM 1 x 20 5.67 2.57 7 2 3,26 'Weights and dimensions typical 9.45•• -- 240 mm 2 x 10 Fader Wing 15.93" Eos® Series Congo® Series 17.89" 454 mm jr rra i. .•r 14 . fr 2 x 20 Fader Wing 17.64" 448 mm 1.47" -1F- 37 mm -4; O121211061:1171DO QtA D012DVIS p),� 1 x 20 Fader Module 6 86" 174 mm 7.34" 186 mm 4 .48" 12 mm +•3.15" 80 mm Corporate Headquarters • 3031 Pleasant Vew Rd. PO Box 620979. Middleton WI 53502 0979 USA • Tel +1 608 831 4116 • rax +1 608 836 1 73E London, UK • Unit 26-28, Victoria industrial Estate, Vktona Road, London W3 6UU, UK • Tel +44 (0)20 8896 1000 • Fax +44 (0)20 8896 2000 Rome, FT • Via Ennio Quitino Visconti, 11, 00193 Rome, Rats, • Tel +39406) 32 111 683 • Fax +44 (OS 20 8752 8486 Holzkirch•n, DE • 4r"msttasse 3, 03607 H ZIo cher, Germany • Tel •e9 (80 24) 117 00-0 • rax v t9 (80 24) 47 00-3 00 Hong Kong • Room 1801, 1&F, Tower 1 Phase 1, Enterprise Square, 9 Sheung Vuet Road, Kowloon Bay, Ko'Moon, Hong Kong • Tel +852 2799 1220 •Fax +852 2799 9325 Web • vAvwetcconnect.com • Copynghte2008 114,. All Rights Reserved. All product,nformation-and specilr(anonsssubiect to change. 43100 002 Rev. B Printed in USA 08743 2of2 ETC® Relay Module 0 Iu c QL LISTED USTEU 100V 120V Special Purpose Series GENERAL INFORMATION The Relay Module is a dual, plug-in mechanical relay assembly for use in both Sensor'+ and Unison' Dimming Series modular dimmer rack enclosures. Each Relay Module provides two electrical'y held relays, in the same form factor as standard dimmer modules. This enables designers to mix and match dimmer and relays for control of diverse loads. Ideal for control of non -dimmable load types such as HID lamps. Standard Relay Modules provide cost-effective switching while Advanced Features Relay Modules enable dimmer -specific feedback of load circuit data while performing switching in AF -capable Sensor+ dimmer enclosures. APPLICATIONS • High Intensity Discharge ballasts (Metal Halide and High Pressure Sodium) • Non -dimmed On/Off loads • Motors • Power for fans and standard outlets • Moving lights, fog machines and other powered effects FEATURES • Level -activated mechanical relays • Two circuits per module • High-density modular assembly • Die-cast aluminum chassis • Fully magnetic circuit breakers GENERAL • 100,000A Short Circuit Current Rating (SCCR) • UL and cUL LISTED lot 2 ORDERING INFORMATION 100-120 Volt Relay Modules MODEL DESCRIPTION R15AF Dual 15A Relay module, Advanced Features R20AF Dual 20A Relay module, Advanced Features Compatible Systems MODEL DESCRIPTION INSTALLATION RACKS SR3 Sensor3 Installation racks SR+ Sensor+ Installation racks SR Sensor Installation racks TOURING RACKS SP3 Sensor+ 24 module Touring Rack (48-20A dimmers) SP+ Sensor+ 48 module Touring Rack (96-20A dimmers) PORTABLE PACKS SP3 Sensor3 Portable Packs SP+ Sensor+ Portable Packs ETC® Relay Module SPECIFICATIONS GENERAL • UL and cUL Listed for continuous duty at 100% of rated load - R15AF - 1.8kW - R20AF -2.4kW PHYSICAL • Modular plug-in assemblies • Cast aluminum chassis, finished with textured epoxy paint • Keyed to prevent insertion in ,nappropriately rated rack positions CIRCUIT BREAKERS • Fully magnetic to eliminate nuisance tripping • 20x inrush current rating • 125%, 10-120 seconds, must -trip rating • Rated for 1 30% switching duty applications ELECTRICAL RATINGS • 100,000A Short Circuit Current Rating Rating (SCCR) • Modules withstand hot -patching of cold loads up to full rating • UL and cUL LISTED RELAYS • 15 or 20 amp, level -activated mechanical relay - Rated for 200,000 full load activations - Rated fot 5 million no load activations • R15AF rated for 0.7SHP at 13.8A • R20AF rated for 1.50HP at 20.0A • Rated for 23A General Purpose, 10A Tungsten and 1,5 HP Motor Maximum POWER DEVICE • Sealed, patented assembly • Standard modules have one control LED per circuit • Advanced Features modules have one control LED and one output LED per circuit • Integral bonded heatsink • Advanced Features modules have built-in voltage and current sensors ADVANCED FEATURES* • Advanced Features error messages: Load dropped below recorded value Load increased over recorded value - SCR failed on/off - Circuit breaker tripped - Dimmer module removed - Dimmer load absent •AII AF modules support ETC's Advanced Features (AF) dimmer specific load reporting features when used in AF -equipped racks or packs I. Special Purpose Series PHYSICAL Module Dimensions MODEL HEIGHT WIDTH DEPTH lbs inches mm inches mm inches mm R15AF 1.5 38 11.8 300 4.9 127 R20AF 1.5 38 1 11,8 300 4.9 127 Product Weights MODEL WEIGHT SHIPPING WEIGHT EFFICIENCY lbs kgs lbs kgs R 15AF/R20AF 2.6 1 2 3.5 1.6 Maximum BTU Production per module MODEL BTUS WATTS EFFICIENCY R15AF <10 <4 >99.0% R20AF <10 <4 >99.0% These values should be provided to a qualified HVAC design engn eer, along with dimmer quantities. types and dimmer room dimensions, to calculate dimmer room air handling requirements, Dimmer room HVAC systems must at all times maintain the specified ambient temperature at the dimmer rack Dimming systems operating within 10°F of the upper or lower temperature limits must strictly follow Installation and operation gutdetines to operate reliably. Corporate Headquarters • 3031 Pleasant View Fd, PO Box 620979, Middleton WI 53562 0879 USA • TN .1 608 831 4 116 • Fax +I 508 836 1 736 London, UK • Jnit 26-28, Victoria Industrial Estate, Victoria Road, London W3 6UU, UK • Tel +44 (0)20 8896 1000 • Fax +44 (0)20 8896 2000 Rome, IT • Via Pieve roma, 48. 00156 Rome, Italy • Tel +39 (06) 32 1 I 1683 • Fax .44 (0) 20 8752 8486 Holzkirchen, DE • Ohmstrasse 3. 83607 Hnliknchen, Germany • Tel +49 (80 24) 47 00-0 • Fax +49 (80 24) 47 00-3 00 Hong Kong - Room 1801, (8/r, Tower 1 Phase 1, EntcrpG,c Square, 9 Shcung Yuet Road, Kowloon Bay, Kowloon, Hong Kong • Tel +852 2799 1220 • Fax •052 2799 9325 Web - www.etcconnect.com • Copyright02012 ETC. All Rights Resery d..Al) product information and specifications subject ro change. 70501.1025 Rev G USA 08/12 nme. product c'cteaeel hr unE a/n,e nl the ic4 .u,lu . oarnl Nombre. '4.123 0130. .312,0873. 7.233,1 le, 7.019.x5:9, 6:8a9,9e3. eel to'i,S63: i,ionkan .,. b,r 0603lfr, iiemu° 69,036170. 2of2 ETC® Net3TM Two -Port Gateway ©1°, (Wil C E PoE 802.3af GENERAL INFORMATION The Net3 Two -Port Gateway provides network data distribution of RDM and data level information. Built on the reliability and quality of ETC's Network development, Net3 gateways are built for the industry standard ACN protocol. The Gateway is an Ethernet device that uses bidirectional communication with other network devices to send and receive DMX512 and RDM data as well as ACN/ sACN. APPLICATIONS • Road House • Touring • University/Professional Theatre • Convention HIII • Tech Table • Stage Manager Panels • System Integration FEATURES • Distributed DMX and RDM over Ethernet • Supports Net3 protocol powered by ACN • DMX/RDM Output/Input • Distributes DMX data to any input/output device • Two DMX connections using 5 -pin Male or Female XLR • LCD screen for labeling, status and configuration information • Power and Network status indicators • Power over Ethernet (PoE) or external DC power supply • Configurable using Network Software utility (GCE/NCE) or directly from ACN 1o14 Net3 Gateway Series ORDERING INFORMATION Net3 Two -Port Gateways MODEL DESCRIPTION N32G-2F Net3 Two -Port DMX Output Gateway N3T2G-2F Net3 Two -Port DMX Output Touring Gateway N32G-2M Net3 Two -Port DMX Input Gateway N3T2G-2M Net3 Two -Port DMX Input Touring Gateway Net3 Two -Port Gateway Accessories MODEL DESCRIPTION N32G-BB Surface -mount Two -gang Back Box - 3.5" deep N32G-2T Terminal Strip Connector Kit UBOLT Touring Gateway U -Bolt Hardware kit 400CC Touring Gateway C -Clamp Hardware Kit N3GA-PS Net3 Gateway Universal Power Supply* 'N3GA-PS includes plugs for United States/Japan, Europe, Great Britan, and Australia/China. Used with Net3 Four -Port, Two -Port, Show Control and I/O Gateways ETC® Net3TM Two -Port Gateway SPECIFICATIONS GENERAL • Distributes DMX over Ethernet with any compatible input or output device • RoHS Cornpliant (lead-free) • CE compliant and ETL LISTED FUNCTIONAL • Supports Neta/ACN (ANSI E1.31 and E1.17) • Supports RDM (ANSI E1.20) • Supports USITT DMX512-A (ANSI E1 11) • USITT DMX512 and ANSI E 1 11 DMX512-A compliant • Compliant with IEEE 802.3i for 1OBASE-T, 802.3u for 100BASE-TX and 802.3af for Power over Ethernet • Advanced Input Patch (AIP) allows any incoming address to be associated with any sACN address • Flexible Output Patch (FOP) allows a 512 address universe to begin at any output address • Support for per -address or per -universe level priority MECHANICAL • Fabricated from 16 -gauge cold -rolled steel • Finished in black fine -texture, scratch -resistant, powder coat • Two integrated DMX input or Output ports • Menu Button for backlight/paging control • Backlit LCD display for identification and status reporting: - Gateway identification - Network configuration DMX port configuration - DMX port status - RDM Configuration • Front and rear Power and data indicators - Blue power indicators - Green network activity indicator • R145 for connection to lighting network • Reset button for hard reset or forced reboot • Flush mount using standard two -gang back box (Raco 691 with min. 1/2" mud ring or Raco 696 deep box) • Surface mount back boxes available form ETC (4105A2002) • Hanging bracket and connectorized back box included with Touring version (C-clamp and U•Bolt hardware available) PROCESSOR • Maximum delay time from input to output not greater than one packet time • Selectable DMX refresh rate with a maximum not less than 40Hz ENVIRONMENTAL ▪ Ambient operating temperature: 0° to 40°C (32° to 104°F) • Operating humidity: 5% - 95% non -condensing • Storage temperature; -40° to 70°C (-40° to 158°F) POWER • Supports IEEE802.3af Power over Ethernet or optional 8-28Vdc external power supply • Maximum power consumption 5 watts DMX PORTS • Two integrated 5 -pin XLR connectors • Software -configurable for input or output • Fully optically -isolated input from the gateway electronics • Withstands fault voltages of up to 250VAC • Integrated DMX/RDM termination 2of4 Net3 Gateway Series SPECIFICATIONS CONFIGURATION • Net3 Moce configuration provided by Gateway Configuration Editor (GCE) or directly from ACN - Supports up to 512 DMX addresses per port - Supports up to 63,999 Streaming ACN universes • Up to 1024 channels of data input or output • DMX data input or output configurable by user • Multiple outputs of a single DMX universe (DMX splitter) from a single gateway • Supports discrete DMX universe outputs per port • Multiple sources may be combined to the network with each source or address allowed an independent priority • Individual port start address and offset • User configurable labeling ADDITIONAL INFORMATION DMX512 Often shortened to DMX (Digital Multiplex), this communications protocol is used mainly to control dimmers and multi-paramiter fixtures. A universe of DMX is defined as 512 channels. DMX sends a nearly continuous stream of level information for each control channel. It is a form of RS -485 digital serial communication. RDM Remote Device Management (ANSI E 1.20) is a protocol enhancement to DMX512 that allows low -speed bidirectional communication between a system controller and attached RDM devices over a standard DMX line. This protocol will allow remote configuration, status monitoring, and management of devices. sACN Streaming ACN (ANSI E1.31), sends DMX -style control over TCP/ IP networks. It provides a fast and efficient mechanism to transport the well -understood DMX protocol over Ethernet using an industry - standard protocol. ACN Architecture for Control Networks (ANSI El .17) is a standard for high-speed bidirectional communication over TCP/IP on Ethernet network infrastructure. ACN is an open suite of protocols used between network devices for the purposes of greater and more adaptive control. NETS FTC's enhanced implementation of the standard ACN Protocol Suite (ANSI E1.17 and E1.31) including additional communication protocols for specialized applications and support of legacy systems. ETC® Net3TM Two -Port Gateway TYPICAL SYSTEM RISER mmmmmmmmmmminq Ly o II• •ll ■ mmmmmmm®mmm m ra(r)eArN,„ I FAT:" I�JLJ73f Tfl : I' Smartfadem ML DMX • • Eose as Net. ACN DMX Gateway DMX devices Sensor++ Rack 1 Net3 ACN DMX Gateway Link Power Paradigms Touchscreen P LCD at4 Net3 Gateway Series Ethernet Ethernet Ethernet Ethernet Ethernet Unison® ERn2 Network switch ETC® Net3TM Two -Port Gateway PHYSICAL Net3 Two -Port Gateway Dimensions MODEL HEIGHT WIDTH DEPTH lbs inches mm inches mm inches mm N32G-2F / 2M 4.85 123 4.88 124 5,41 137 N31 -2G -2F / 2M 6.47 165 4.88 124 5,41 137 4.88" 124mm o . o• ri 0 —MEM t'TMit_ 4.85" 123mm 5.5" 140mm (minimum clearance) N 1.91" 3.5" 48mm 89mm Touring Bracket (Top View) .41" DIA. 10mm DIA. (4 Holes) .53" DIA. 13mm DIA. c- 3.54" 90mm I.- 13mm 1.70" 43mm 2.89" 73mm t 3.50" 89mm Net3 Gateway Series Net3 Two -Port Gateway Weights MODEL WEIGHT SHIPPING WEIGHT lbs kgs lbs kgs N32G-2F / 2M 2.0 1.0 4.5 2.0 N3T2G-2F / 2M 3,9 1.8 4.8 2.2 "U" -Bolt assembly for 1-1/2" schedule 40 pipe 31 5.00" 127mm .41 0 _ 4.88" _ _ 124mm 1.91" 48mm 3.50" �I 89mm 1.47" 37mm 5.00" 127mm J "C" <lamp assembly for 1-1/2" schedule 40 pipe 4.88" 124mm L1.91" I 1 3.50" 48mm 89mm t 1 rvn I_10 1.47" 37mm 5.00" 127mm 1 Corporate Headquarters • 3011 Pleasant View Rd, rO Box (120974, Middleton WI 53562 0970 USA • fel r 1 608 831 4116 • lax +1 608 836 1 736 London. UK • Unit 26-28, Victoria Industrial Estate, Victoria Road, London W3 6UU, UK • Tel 444 (0)20 8896 1000 • Fax d44 (0)20 8896 2000 Rome. IT • via Pieve Tonna, 48, 00156 Rome, Italy • Tel +39 (06) 32 111 683 • fax +44 (0)20 8896 2000 Hotzklrchen, DE • Ohmstrasse 3, 83607 NW7klrchen, Germany • Tel +49 (80 24) 47 00-0 • Fax +49 t80 24) 47 n0-3 00 Hong Kong • Roorn 1801, 18/F. Fowet 1 Phase 1. Entermae Square. 9 Sheunn Yuet Road, Kowloon Bay, Kowloon, Hong Kano • lel .852 2 799 1220 • Sax +852 2 799 9325 ' Web • www,etccunnect.com • Copyrrght02011 t EC. All Right: Reserved. All product information and speo6cahons subject to change, 4261, 1001 Rev. ( 1/5A 05/11 4of4 ETC® Net3TM Radio Focus Remote CE® FC GENERAL INFORMATION The Net3 Radio Focus Remote (RFR) provides comprehensive wireless remote control of your Eos or Congo Family lighting control system. The small handheld transmitter unit provides access to common controls for channel and dimmer checks and uses softkeys for access to more advanced console functions. The integral display provides softkey labeling and status information. The RFR has encoder wheels on either side of the transmitter unit for parameter control and scrolling functions. The transmitter batteries are recharged by connecting the unit to an active USB port The small receiver unit plugs directly Into and is powered by the USB port on the console or a powered Ethernet connection within the lighting network. APPLICATIONS • Theatre • Schools and Colleges • TV Studios • Touring FEATURES • Wireless communication • Generous radio range • Commonly used commands for focus and basic record & playback • Softkeys for additional commands • Built-in display for system status and softkey labels • On/Off switch • Supports multiple systems operating separately in same area • Rechargable NiMh batteries • USB connectivity • Ethernet connectivity Iof2 Eos® Series Congo® Series ORDERING INFORMATION Net3 Radio Focus Remote MODEL DESCRIPTION RFR Net3 Radio Focus Remote, Transmitter and Receiver RFR-RX Net3 Radio Focus Remote, Receiver Only RFR-D( Net3 Radio Focus Remote, Transmitter Only Ships with • USB A to B cable • USU A to mini B cable • Wall -Wart Power Supply • Belt Clip ETC® Net3TM Radio Focus Remote SPECIFICATIONS TRANSMITTER UNIT (HANDHELD) • Output - Default HF• 1 (2.410 GHz) with 11 additional HF: channels available (2.410GHz - 2.465 GFlz). 99 Network IDs available per channel • Antenna - Helical, fixed. Connections - Integral USB connector to console or powered USB hub normally used for charging the unit. • Working range - 90m (300 ft) indoor, 200m (656 ft) in free field. • Power - 2x Nim1-f rechargeable battery. (Recharge using the USB connection.) RECEIVER UNIT (BASE STATION) • Connections - Integral USB connector to console or powered USB hub, Etherton connector to powered Ethernet. • Power - USB or Power over Ethernet (PoE). • Maximum USB cable length - 5m (16.5') from Dower source using USB. • Maximum Ethernet cable length - 100m (328') from power source (including in -wall cabling) COMPATIBILITY • Eos Console • Eos Remote Processor Unit (RPU) • Gio'" Console • Ion09 Console • Ion Remote Processor Unit (RPU) • Element' Console • Eos Family Client • Net3 Remote Video Interface (USB, when used with Eos) • Congo Console • Congo 1r' Console • Congo Kid" Console • Congo Light Server Eos® Series Congo® Series PHYSICAL Net3 Radio Focus Remote Dimensions' MODEL HEIGHT WIDTH DEPTH lbs inches mm inches mm inches mm Transmitter 6.61 168 2.68 68 ,80 20 Reciever 1.57 40 2.78 71 4.41 112 *Dimensions, Typical, do not include antenna Net3 Radio Focus Remote Weights' MODEL WEIGHT SHIPPING WEIGHT lbs kgs lbs kgs Transmitter 14 oz. 40 WA WA Receiver 13 oz. .38 N/A WA RFR Kit TBD TBD *weights, typical, include antenna —2.68" 68 mm 6.61" 168 mm 80" rrn 20 mm 112 mm ®, ooE, 2.78" - 71 mm Corporate Headquarters • 3031 Pleasant View Rd. "1) Box 6709/9, Middleton WI 53567 0979 USA • tel r 1 608 831 4116 • Fax +1 608 836 1738 London, UK • Umt 26-28, VIctona industrial Estate, Victona Road, London W3 6UU, !:K • Tel •44 (0(20 8896 1000 • fax +44 (0)20 51896 1000 Rome. rr • Via Pieve Tonna, 48, 00156 Rome. Italy • rel +39 (06) 32 1 I 1 683 • lax +44 (0) 201375 8486 Holzklrchen, DE • OhmsVasse 3, 83607 -otzk rd -en, Germany • Tel X49 (80 24) 47 00.0 • an +49 (80 74) 47 00-3 00 Hung Kuny • RucKn 1801, I81F, Tower 1 Phase 1, Er4erpripe Square, 9 Sheuny 'foe( Road, Kowloon Bay, Kowloon, Hong Kong • Tel +852 2 799 1220 • i ax +852 2799-9375 Web • www.etcconnecl.com • CopytigntO2011 FTC. All Rights Reserved. All prgauct mlormat,on and specifications subject to change. 425011006 Rev D I ISA 11/11 2of2 5' 5 -Pin DMX Cable (Tourflex) 10' PowerCon to PowerCon Jumper Cable (Tourflex) Bates 20 a Male Stage Pin Connector (3 -Pin) 6.11.5)404, Phillips MSR 700/2 Lamp risco DMX IRIS Operations Manual DMX IRIS OPERATIONS MANUAL Introduction to your DMX Iris Features • 10mm - 75mm aperture range • 24 leaf mechanism for smooth-edged, truly round aperture projections • No external PSU required • 100-240 v compatible for use around the world • Unique friction lock holds unit securely in iris slot of luminaire • Manual control knob allows use without power or DMX In the Box (1) Rosco DMX Iris unit (1) NEMA/IEC power cord with u -ground type connector (1) Operations manual Set -Up and Installation laN <E 1 -4 Power Requirements The Rosco DMX Iris is equipped with an internal, auto -sensing power supply. It will automatically adjust and accept power input from 100 volts to 240 volts at a frequency range of 50 - 60 hz. Connect the included IEC power cord by firmly pushing it into the recessed socket on the DMX Iris. (Figure 1) When using the DMX Iris in regions using Figure 1 Power & DMX Connections rsco p. 2 connectors other than a u -ground type, simply replace the connector or substitute the included IEC cable for one with the appropriate connector type. Make sure to use an IEC cable with at least 18 gauge conductors. Plug the connected power cord into a suitable non -dim or mains power supply. Do not connect the DMX Iris to a dimmer circuit unless the dimmer has been preset into a non -dim mode. The digital display will light when power is present. (Figure 2) Immediately after receiving power, the DMX Iris Unit may go through a homing cycle, ending in a full open or closed position of the iris. DMX Control To operate the DMX Iris from a DMX lighting console, you will need to connect a 5 -pin DMX cable to the unit. The DMX Iris is equipped with two DMX ports, IN and OUT. (Figure 1) Connect the 5 -pin DMX cable coming from your lighting console to the IN port. If your DMX chain continues beyond the DMX Iris, plug the next cable section into the OUT port. The DMX Iris may require an external DMX terminator to be installed in the OUT port if used at the end of your DMX chain. If no DMX signal is present, the digital display will indicate "LOST" and "512" in alternating sequence. If a DMX signal is present, the display will indicate both the operation Mode and the current DMX address of the Iris. (Figure 2) In this example, the DMX Iris is set to Mode 2 and DMX Address 001. Figure 2 Digital Display pad Configuring the DMX Iris The DMX Iris can be operated in one of four different modes, depending on the features and options desired. Modes 1 and 2 use one channel of DMX to control the DMX Iris. Modes 3 and 4 require two channels of DMX. P. 3 www.rosco.com DMX IRIS OPERATIONS MANUAL One Channel Operation Two Channel Operation (2nd Ch = speed) Mode 1: Open to Close (0-255) 1 Mode 3: Ch 1 = Open to Close (0-255) Ch 2 = Speed (0-100%) Mode 2: Close to Open (0-255) Mode 4: Ch 1 = Close to Open (0-255) Ch 2 = Speed (0-100%) Setting DMX Address and Operation Mode On power up, the DMX Iris will restore to the last set mode and dmx address. The display will indicate these parameters as in Figure 2. To change Operation Modes, press and hold button B1 for a few seconds until the display changes to SET . Press B1 until the Left digit of the display display indicates the desired Mode 1, 2, 3, or 4. Use buttons B2 (100s), B3 (10s), and B4 (1s) to set the 3 digit DMX address of the unit. Press and hold B2 to SAVE the new settings. After saving new settings, the disply will indicate boot and then go into the homing sequence. To run a self -test mode, press and hold B4 A switch to the right of the display allows you to adjust the brightness of the display. Modes DMX Address 1.001 Modes x100 x10 x1 B1 62 B3 64 Setup Save Test Modes DMX Address 1.001 SAVE boot Installing the DMX Iris in your luminaire The DMX Iris has been designed to fit into most modern ellipsoidal luminaires. With its thin body design and customized toolings, the list of compatible fixtures includes ETC Source Four, ETC Source Four Zoom, Selecon Pacific, Altman Shakespeare, Strand SL, Leviton Leo and many r.sco p. 4 others. The Rosco DMX Iris is equipped with a unique safety feature, the Friction Lock. Located on the left side of the DMX Iris is the Lock Slider. Depressing this plunger will extend a knurled cylinder which presses against the insides of the accessory iris slot, securely holding the DMX Iris in place. To install the DMX Iris into your luminaire it is necessary that the Lock Slider be in the UP position, with the lock disengaged. Insert the DMX Iris into the iris slot of your luminaire with the motor box extending towards the front, the Tens end, of the light. It may be necessary to angle the yoke of the luminaire back to allow access into the accessory iris slot. Note that on certain luminaires, the sliding cover of the iris slot may have to be removed to allow the DMX Iris to fit properly, Make sure that the DMX Iris is seated all the way down into the luminaire. This is is important to insure that the light path is not blocked. If you project an oblong or cut off beam pattern, wiggle and reseat the Iris all the way down. To engage the Friction Lock, press down on the Lock Slider until it stops. The unit will be held securely into the accessory iris slot. The Friction Lock is only intended to prevent accidental movement of the DMX Iris within the accessory slot. It is highly recommended that you install a safety cable (Figure 4) to prevent the DMX Iris from falling out of the fixture and possibly causing harm. Caution: Make sure to route the power cord and DMX cables to avoid the extremely hot back end of the luminaire. Failing to do so could result in melting cords, signal failure or fire! Operation and Control DMX Operation Changing the level of the assigned DMX channel will cause the iris mechanism to open or close. You can define how the Rosco DMX Iris responds to DMX control signals. In Mode 1 and 3, a zero level of dmx sets the iris aperture to its full open 75mm aperature. Increasing the channel level or dmx value will close the DMX Iris until it reaches its smallest 10mm aperture. Switching the unit to Mode 2 or 4 reverses this behavior. As the level of the DMX channel increases, the aperture will iris up and when the level reaches 100% the aperture will be at its largest 75mm opening. Modes 3 and 4 are typically used with control consoles designed for automated moving lights and allow you to separately control the aperture size and movement speed on 2 differnt channels. p. 5 www.rosco.com DMX IRIS OPERATIONS MANUAL Manual Operation The Rosco DMX Iris can also be used as a manually adjustable iris in situations where live control of the aperture size is not required. With no power applied to the DMX Iris, turn the manual knob on the back of the DMX Iris until the desire aperture size is achieved. (Figure 4) If power is present, the manual knob cannot be used. Precautions 1 Safety Cable Connection ,Iillll;1 Manual Iris Control Figure 4 Manual Control & Safety Cable Connection • Use only properly rated IEC power cord (18AWG 3C SJT) and connect only to compatible voltage supplies (100-240v50-60hz) • Always use a safety cable to insure the DMX Iris cannot fall out of the fixture. • Do not allow power cords or DMX cables to come in contact with the body of the luminaire or the rear lamp cap. • Do not connect DMX Iris to a dimming circuit. • Keep fingers clear of moving iris mechanism. • The metal case of the DMX Iris may get very hot after continuous use in a luminaire. Use caution to avoid burns when handling units that have been in running luminaires. Troubleshooting 1. The DMX Iris will not fit into the Iris Slot. • Make sure the Friction Lock is in the up (disengaged) position and that the lock itself is not extending outside the metal case. • The iris slot cover of the luminaire may need to be removed to allow complete access to the slot. Fully remove the two screws holding the cover and lift off. Set aside so that the cover can be reinstalled at a later date. • Installing the DMX Iris into the Selecon Pacific Coolight requires that the guide channel in the side cut of the DMX Iris align with the rear guide track in the Pacific's iris slot. r.5co p. 6 2. The projected aperture appears out of round or cut off. • The DMX Iris is not properly seated in the luminaire. Remove Iris unit and reinsert making sure that the unit is seated all the way down in the light. 3. The manual control knob won't turn. Make sure the DMX Iris is unplugged and no power is getting to the unit. The manual knob will not turn when power is present. 4. Irregular or failed DMX Control • Check that the DMX Address is set properly. • Check that proper DMX signal is present (is the display flashing LOST/512?) • If the DMX Iris is at the end of the DMX chain, connect a proper DMX terminator to the OUT port of the DMX Iris. Specifications Power Input 100 -240 v 50-60 hz, < 500 mA power draw Cord 18AWG 3C SJT, IEC/NEMA Connector Motor 24v 1.8° Stepper Type Aperature lOmm - 7Smm Mechanism 24 leaf iris, bonded stainless steel Temp 450° C at iris leaves CE Made in Taiwan Copyright 2010 Rosco Laboratories Inc. p. 7 www.rosco.com Zil /-1 ° r ) p O l) r [z7 p , C J , r moi r . ° 11:4 r 1 ck 1 of c 4. o ca o ..a. �1 J N v N OP W p T 1 a ,r_____,L z V I G • i LI [/ [1 [ [ .O 0, � T $1 f 2 ,.1, 9 CP gSI a X e N C p` THEATER ENERGY EFFICIENT LIGHTING INCLUDING TECHNOLOGY AND EQUIPMENT UPGRADE - PROJECT NO. PW12-18 EXHIBIT "B" SCHEDULE OF PRICES - ADDENDUM NO. 1 Item No. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT 1 Elektralite Pancake RGBW LED Moving Head PAR Fixture 11 EACH $1,385.31 $15,238.41 2 Elektralite Pancake Quad Moving Head PAR Fixture 30 EACH $2,089.31 $62,679.30 3 Altman Spectra Cyc 100 LED100w RGBA LED Cyc Lights (Black) with Safety Cable 0 EACH $1,046.84 SU.OU 4Altman Spectra Series LED CYC Yolk w/Hardware and Safety Cable for single cell unit 0 EACH $31.56 $0.00 5 Altman C -clamps 0 EACH $7.90 $0.00 6 Elektralite LXE700 Moving Head Spot Fixture w/Safety Cable 17 EACH $3,845.45 $65,372.65 7 Elektralite "Eye Kandy" LED Moving Head Spot Fixture w/Safety Cable 6 EACH $2,026.69 $12,160.14 8 "MEGA CLAW" Hanging Brackets for Elektralite Fixtures (Black) 89 EACH $33.23 $2,957.47 y ETC Source 4 LEO Lustr+ Fixtures (Black) (SAUDIS)$1,715.51 5 EACH $8,577.55 10 ETC Source 4 19 Degree EDLT Lens Tubes EACH $193.20 $966.00 11 ETC GIO Control Console (2k Output min) 1 EACH $17,851.68 $17,851.68 12 ETC Universal Fader Wing (2x20) 1 EACH $1,626.24 $1,626.24 13 ETC R20 Modules (for Sensor Rack) 20 EACH $302.40 $6,048.00 14 ETC Net3 Radio Focus Remote 1 EACH $1,767.36 $1,767.36 15 ETC Net3 2 -Port Output Touring Gateways 2 EACH $840.00 $1,680.00 16 Dell 19" DVI LCD Monitors w/Adjustable Stands 3 EACH $400.00 $1,200.00 17 DMX 5' 5 -Pin Cable (Tourflex) 40 EACH $25.84 $1,033.60 18 ETC 5' 3 -Pin Male to PowerCon Cables (DPA -B) 9 EACH $24.26 $218.34 19 10' PowerCon to PowerCon Jumper Cable (Tourflex) 6 EACH $32.36 $194.16 1 of 2 THEATER ENERGY EFFICIENT LIGHTING INCLUDING TECHNOLOGY AND EQUIPMENT UPGRADE - PROJECT NO. PW12-18 EXHIBIT "B" SCHEDULE OF PRICES - ADDENDUM NO. 1 Item No. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED AMOUNT 20 Bates 20a Male Stage Pin Connectors (3 -Pin) 25 EACH $4.13 $103.25 21 Phillips MSR 700/2 Lamp 6 EACH $141.60 $849.60 22 Rosco DMX Iris Units 5 I.ACHI $?566.40 51,782.0O 23 On Site Training on Set Up, Programming, and Use of Control Console and Lighting Fixtures -10 Hours 1 LUMP SUM $0.00 $0.00 24 Technical Support - One Year 1 LUMP SUM $0.00 $0.00 25 Freight - Door to Door Delivery to : 41000 Main Street Temecula, CA 92590 1 LUMP SUM $4,070.00 26 Sales Tax 1 LUMP SUM $15,678.70 TOTAL AMOUNT OF BID 5222,054.45 TOTAL AMOUNT OF BID: Two Hundred Twenty -Two Thousand Fifty -Four DOLLARS AND Forty -Five CENTS ($ 222,054.45) 11/29/2012 Date 038552 CONTRACTOR Print or Type Name and Title fir,—,�, IbeZitA-( City of Temecula License No. Signature 2 of 2 2012-13 CALIFORNIA THEATER ENERGY EFFICIENT LIGHTING INCLUDING TECHNOLOGY AND EQUIPMENT UPGRADE Infrastructure / Other Project Project Description: This project will update of the Theater's lighting console and theatrical lighting fixtures providing significant energy efficiency and cost savings including energy costs, labor costs, and maintenance costs making it a viable and "Green" system for many years to come. Benefit 1 Core Value: The Theater's seven year old lighting console cueing/programming architecture is out of date and no longer supported via hardware or software updates. The proposed retrofit to LED sources for theatrical lighting and interior house and work lights satisfies the City's Core Value of A Sustainable City. Project Status: This project is estimated to be completed by June 2013. Department: Temecula Community Services—Account No. 210.190.159 Level: 11 Project Cost: Actuals Future Total to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Fixtures/Fum/Equip $222,400 $ 222,400 Totals $ - $222,400 $ - $ - $ - $ - $ - $ 222,400 Actuals Future Total Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost DIF (Parks & Recreation) $ 222,400 $ 222,400 Total Funding: $ - $222,400 $ - $ - $ - $ - $ - $ 222,400 Future Operation & Maintenance Costs 2013-14 2014-15 123 2015-16 2016-17 THEATER ENERGY EFFICIENT LIGHTING INCLUDING TECHNOLOGYAND EQUIPMENT UPGRADE Infrastructure / Other Project Location Aerial Data - March 2010 55 110 Feet 220 122 Item No. 17 Approvals City Attorney Finance City Manager 44a (It CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Clarification of Resolution No. 12-08, Acceptance of Certain Public Streets within Parcel Map No. 28473 into the City -Maintained System (Via Industria between Roick Drive and Rio Nedo) PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CLARIFYING AND CONFIRMING THE LIMITED SCOPE OF THE ACCEPTANCE OF CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN PARCEL MAP NO. 28473) EFFECTUATED BY CITY OF TEMECULA RESOLUTION 12-08 BACKGROUND: On January 24, 2012, the City Council adopted Resolution No. 12-08, accepting nto the City -maintained system a portion of a street within Parcel Map No. 28473 known as Via Industria, which had been dedicated by the owner for public use for street and public utility purposes when Parcel Map No. 28473 was recorded by the County Recorder on April 9, 2002. The portion of the street that was accepted into the City -maintained system by Resolution No. 12-08, as specified in Exhibit "A" and Exhibit "B" thereto, was: Via Industria between Roick Drive and the southerly parcel map boundary, excluding 270 feet of street improvements on Via Industria located north of Roick. The storm drain system located within the public right-of-way as shown on Parcel Map 28473 was and is privately owned and maintained by the local property owners association (POA), as stated in the Agenda Report dated January 24, 2012. Accordingly, Resolution No. 12-08 did not contain any acceptance of the specified storm drain system, and no acceptance was made thereby. Consistent with Resolution No. 12-08, the City does not maintain, and has never maintained, the storm drain system located within the public right-of-way as shown on Parcel Map 28473. Following the adoption of Resolution No. 12-08, certain documents have been filed in the Riverside County Superior Court in a civil case, number RIC 1107937, erroneously interpreting Resolution No. 12-08 as effectuating an acceptance of the private storm drain system within the public right-of-way of Via Industria. These misinterpretations appear to rely on the lack of express exclusion of the private storm drain system, despite the clear language of Resolution No. 12-08 that limits its scope to the portion of the public street accepted thereby into the City -maintained system and the lack of any express acceptance in Resolution No. 12-08 of the storm drain system beneath or within the street. This resolution is intended to clarify and resolve any confusion or misinterpretation and confirm the limited scope of the acceptance effectuated. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 12- with Exhibits "A - B" inclusive RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CLARIFYING AND CONFIRMING THE LIMITED SCOPE OF THE ACCEPTANCE OF CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN PARCEL MAP NO. 28473) EFFECTUATED BY CITY OF TEMECULA RESOLUTION 12-08 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare that: A. On January 24, 2012, the City Council of the City of Temecula passed, approved, and adopted that certain Resolution No. 12-08, Accepting Certain Public Streets into the City -Maintained System (Within Parcel Map No. 28473), as described in Exhibits "A" and "B" thereto. B. The scope of the acceptance effectuated by Resolution No. 12-08, as specified in Exhibit "A" thereto was limited to "Lot `A' (portion of Via Industria between Roick Drive and the southerly Parcel Map Boundary) of said Parcel Map No. 28473; excepting the northerly 270 feet." C. The storm drain system located within the public right-of-way as shown on Parcel Map 28473 was and is privately owned and maintained by the local property owners association (POA), as stated in the Agenda Report for Resolution No. 12-08, and the storm drain system was therefore not included within the limited scope of the acceptance effectuated by Resolution No. 12- 08 and was not accepted into the City -Maintained System thereby. D. The City Council of the City of Temecula desires to resolve any confusion or misinterpretation created by the lack of express exclusion of the storm drain system from the limited scope of the acceptance effectuated by Resolution No. 12-08 and to clarify Resolution No. 12-08 in that regard; and, 2. Clarification of Resolution No. 12-08. The City Council of the City of Temecula hereby amends Resolution No. 12-08 by clarifying and confirming that the scope of the acceptance effectuated thereby was and remains limited to acceptance of the portion of the street described in Exhibits "A" and "B" thereto, and specifically did not include, and excluded, the storm drain system located within the public right-of-way as shown on Parcel Map 28473 as it is privately owned and maintained by the local property owners association (POA). PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 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 December, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 1 RESOLUTION NO. 12-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED SYSTEM (WITHIN PARCEL NO. 28473) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Parcel Map No. 28473 was recorded by the County Recorder on April 9th, 2002 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Westside Business Centre, LLC, a California Limited Liability Company; and, WHEREAS, all street improvements have been completed by the developer except the northerly 270 feet of street improvements on Via Industria due to an existing natural slope which will be cut -graded at a later date as part of the future Western Bypass road construction; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and determined all repairs and replacements were satisfactorily completed (except the northerly 270 feet of Via Industria); and, WHEREAS, The Subdivision Performance Bond has been reduced sixty percent (60%) with the remaining forty percent (40%) to be held until the completion of the northerly 270 feet of Via Industria street improvements; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City -Maintained Street System the portion of Via Industria offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. R:/Resos 2012/Resos 12-08 1 1 1 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of January, 2012. [SEAL] R:/Resos 2012/Resos 12-08 2 Washington, Mayor 1 1 1 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. 12-08 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of January, 2012, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Washington R:/Resos 2012/Resos 12-08 3 . Jones, MMC City Clerk 1 1 EXHIBIT "A" TO RESOLUTION NO. 12-08 Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Parcel Map 28473 into the City -Maintained Street System as described as follows: 1. Lot "A" (portion of Via Industria between Roick Drive and the southerly Parcel Map Boundary) of said Parcel Map No. 28473; excepting the northerly 270 feet 1 1 12' 0) EXHIBIT "B" TO RESOLUTION NO. la- 08 PARCEL MAP 28473 fN 38'50'27" E 594.31 LA 1 1 11 1 1 1 PARCEL 14 OPEN SPACE AREA I PARCEL 13 1 00 // ter /I {N,585O'"E ��(/, 6427.15'} �,N 1'0 '33"y /; 278.04 PARCEL 1 w / f PARCEL 12 I PARCEL 11 1 PARCEL 10 �. PARCELS 8 PARCEL 314 (N4522'_ 7 •93.26) PARCEL 2 4, PARCEL 3 PARCEL 4 h N511?9'33"W 369.21'J 3 18 17 18 15 12 11 10 PARCEL 5 PARCEL 6 sa" PARCEL .46‘ e`) 7 ? Al 9 foZ1 STREET ACCEPTANCE VICINITY MAP NTS TEMECULA COMMUNITY SERVICES DISTRICT Item No. 18 ACTION MINUTES of November 27, 2012 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:51 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 (3-0-2, President Comerchero and Director Roberts absent) Director Washington made the motion; it was seconded by Director Naggar; and electronic vote reflected unanimous approval, with President Comerchero and Director Roberts absent. RECOMMENDATION: 7.1 Approve the action minutes of November 13, 2012. CSD DEPARTMENTAL REPORT 8 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:48 P.M., the Community Services District was formally adjourned to Tuesday, December 11, 2012, at 5:00 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 1 CSD Action Minutes 112712 Jeff Comerchero, President Item No. 19 Approvals City Attorney Finance 11 City Manager "of- /iP TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Heidi Schrader, Senior Management Analyst DATE: December 11, 2012 SUBJECT: Financial Statements for the Three Months Ended September 30, 2012 PREPARED BY: Rudy Graciano, Revenue Manager Pascale Brown, Accounting Manager RECOMMENDATION: Receive and file the Financial Statements for the Three Months Ended September 30, 2012. BACKGROUND: The attached financial statements reflect the unaudited activity of the Temecula Community Services District for the three months ended September 30, 2012. Please see the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of September 30, 2012 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the three months ended September 30, 2012 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of September 30, 2012 Parks & Service Service Level Service Level Recreation Level B C D ASSETS: Cash and Investments $ 339,220 $ 176 $ 1,010,201 $ 135,280 Receivables 198,380 9,306 1,704 89,255 Deposit 4,994 - - - TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: $ 542,594 $ 9,482 $ 1,011,905 $ 224,535 Other Current Liabilities $ 414,592 $ 262 $ 79,669 $ 1,752 TOTAL LIABILITIES 414,592 262 79,669 1,752 FUND BALANCES: Nonspendable: Deposits 4,994 - Committed to: Contractual Obligations (Encumbrance) 456,420 Assigned to: Community Services District 9,220 Unassigned (333,412) TOTAL FUND BALANCES 128,002 9,220 TOTAL LIABILTIES and FUND BALANCES NOTE: Balances are unaudited 722,081 2,940 210,155 219,843 932,236 222,783 $ 542,594 $ 9,482 $ 1,011,905 $ 224,535 1 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of September 30, 2012 Service Service Level R Level L ASSETS: Summer Library Youth Program Total Cash and Investments $ 8,876 $ 225,073 $ 312,611 $ 7,594 $ 2,039,031 Receivables 416 458 1,610 301,129 Deposit - - 4,994 TOTAL ASSETS LIABILITIES AND FUND BALANCES: LIABILITIES: $ 9,292 $ 225,531 $ 314,221 $ 7,594 $ 2,345,154 Other Current Liabilities $ - $ 16,179 $ 19,494 $ 590 $ 532,538 TOTAL LIABILITIES FUND BALANCES: Nonspendable: Deposits 16,179 19,494 590 532,538 - 4,994 Committed to: Contractual Obligations (Encumbrance) 63,369 254,189 - 1,498,999 Assigned to: Community Svcs District 9,292 145,983 40,538 7,004 642,035 Unassigned (333,412) TOTAL FUND BALANCES 9,292 209,352 294,727 7,004 1,812,616 TOTAL LIABILTIES and FUND BALANCES NOTE: Balances are unaudited $ 9,292 $ 225,531 $ 314,221 $ 7,594 $ 2,345,154 2 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITYWIDE OPERATIONS for the Three Months Ended September 30, 2012 Annual Amended Budget REVENUES: Year to Date Activity Encumbrances Total Percentage Activity of Budget Special Tax (Measure C) $ 1,872,660 $ 118,676 $ $ 118,676 6% (1) TCSD Admin Fee Credit/"REST" 3,141,080 785,270 785,270 25% Recreation Program 2,841,772 522,449 522,449 18% Investment Interest 5,000 856 - 856 17% Development Services 25,000 3,480 - 3,480 14% TOTAL REVENUES EXPENDITURES: 7,885,512 1,430,731 1,430,731 18% Parks, Medians, & Arterial Street Lighting 1,688,965 416,013 38,284 454,297 27% Seniors 374,397 93,135 17,906 111,041 30% Community Recreation Center(CRC) 677,844 145,421 51,231 196,652 29% Recreation Programs 881,518 333,579 27,973 361,552 41% (2) Temecula Community Center (TCC) 285,842 66,365 14,515 80,880 28% Museum 261,069 62,135 16,731 78,866 30% Aquatics 632,410 224,930 26,884 251,814 40% (2) Sports 423,746 77,657 31,820 109,477 26% Children's Museum 357,881 86,373 19,159 105,532 29% Community Theater 1,154,691 271,787 125,749 397,536 34% (2) Cultural Arts 456,832 111,641 38,066 149,707 33% (2) Harveston Center 327,880 61,205 48,101 109,306 33% (2) Conference Center 47,835 10,410 339 10,749 22% Human Services 162,199 20,766 3,913 24,679 15% YMCA 588,415 5,952 (4,250) 1,702 0% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Transfers Out Revenues Over/(Under) Expenditures and Transfers Beginning Fund Balance as of July 1, 2012 Ending Fund Balance as of September 30, 2012 8,321,524 1,987,369 456,421 2,443,790 29% (436,012) (556,638) (436,012) (556,638) 684,640 684,640 $ 248,628 $ 128,002 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance in expenditure is due to encumbrances that are recorded for the entire year. 3 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the Three Months Ended September 30, 2012 Annual Amended Budget REVENUES: Year to Date Total Percentage of Activity Activity Budget Assessments $ 641,384 $ 9,290 $ 9,290 1% (1) TCSD Admin Credit/"REST" 293,365 154,328 154,328 53% (2) Investment Interest - 21 21 TOTAL REVENUES 934,749 163,639 163,639 18% EXPENDITURES: Salaries and Wages Street Lighting Fees Property Tax Admin Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1,2012 Ending Fund Balance as of September 30, 2012 10,220 2,548 2,548 25% 945,200 229,337 229,337 24% 13,000 - 0% (3) 968,420 231,885 231,885 24% (33,671) (68,246) 77,466 77,466 $ 43,795 $ 9,220 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) Contribution is funded based on operational needs of Service Level B. (3) Property Tax Admin Fees are deducted from first tax settlement in January. 4 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C - PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the Three Months Ended September 30, 2012 Annual Amended Budget REVENUES: Year to Date Activity Encumbrances Total Percentage Activity of Budget Assessments $ 1,583,693 $ $ $ - 0% (1) Investment Interest 4,628 2,104 2,104 45% TOTAL REVENUES 1,588,321 EXPENDITURES: 2,104 - 2,104 Salaries and Wages 113,981 26,683 - 26,683 23% Landscape Maintenance 1,105,048 163,784 715,563 879,347 80% (2) Rehabilitation 284,925 - 0% Operating Expenditures 531,414 151,169 6,518 157,687 30% (3) TOTAL EXPENDITURES 2,035,368 341,636 722,081 1,063,717 52% Revenues Over/(Under) Expenditures (447,047) (339,532) Beginning Fund Balance as of July 1, 2012 1,271,768 1,271,768 Ending Fund Balance as of September 30, 2012 $ 824,721 $ 932,236 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance in landscape maintenance is due to encumbrances that are recorded for the entire year. (3) The variance in operating expenditures is due to encumbrances that are recorded for the entire year. 5 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING & STREET SWEEPING for the Three Months Ended September 30, 2012 Annual Year to Date Total Percentage of Amended Activity Encumbrances Activity Budget Budget REVENUES: Assessments $ 6,482,964 $ (2,337) $ $ (2,337) 0% (1) Recycling Program 5,000 0% (2) Investment Interest 1,500 177 177 12% TOTAL REVENUES 6,489,464 (2,160) (2,160) EXPENDITURES: Salaries and Wages 121,070 27,825 27,825 23% Refuse Hauling 6,268,710 0% (3) Operating Expenditures 122,038 5,561 2,940 8,501 7% TOTAL EXPENDITURES 6,511,818 33,386 Revenues Over/(Under) Expenditures (22,354) (35,546) Beginning Fund Balance as of July 1, 2012 258,329 258,329 Ending Fund Balance as of September 30, 2012 $ 235,975 $ 222,783 2,940 36,326 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The recycling program revenue is expected to be received by January 2013. (3) The first payment to CR&R for refuse services is expected to be paid by December 2012. 6 REVENUES: Assessments Investment Interest TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R - STREETS AND ROADS for the Three Months Ended September 30, 2012 Annual Amended Budget Year to Date Activity Encumbrances Total Percentage Activity of Budget $ 5,532 $ 403 $ 403 7% (1) 16 16 TOTAL REVENUES 5,532 419 419 EXPENDITURES: Emergency Street Maintenance 10,000 0% (2) Property Tax Admin Fees 150 0% (3) TOTAL EXPENDITURES 10,150 Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2012 Ending Fund Balance as of September 30, 2012 (4,618) 419 8,873 8,873 $ 4,255 $ 9,292 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) No emergency street maintenance expenditures were incurred in this quarter. (3) Property Tax Admin Fees are deducted from first tax settlement in January. 7 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L - LAKE PARK MAINTENANCE for the Three Months Ended September 30, 2012 Annual Year to Date Total Percentage of Amended Activity Encumbrances Activity Budget Budget REVENUES: Assessments $ 227,852 $ $ $ 0% (1) Harveston Lake Boat Fees 3,600 - 0% (2) Investment Interest 1,000 436 436 44% TOTAL REVENUES 232,452 436 436 EXPENDITURES: Salaries and Wages 20,364 5,592 - 5,592 27% Operating Expenditures 217,900 41,809 63,369 105,178 48% (3) TOTAL EXPENDITURES 238,264 47,401 63,369 110,770 46% Revenues Over/(Under) Expenditures (5,812) (46,965) Beginning Fund Balance as of July 1, 2012 256,317 256,317 Ending Fund Balance as of September30, 2012 $ 250,505 $ 209,352 NOTES: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) Harveston Lake Boat Fees for the quarter were received in October 2012. (3) The variance in operating expenditures is due to encumbrances that are recorded for the entire year. 8 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA LIBRARY for the Three Months Ended September 30, 2012 REVENUES: Library Services REST Contribution Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages County Contract Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of July 1, 2012 Annual Amended Budget Year to Date Activity Encumbrances Total Percentage Activity of Budget $ 145,580 $ 32,395 $ $ 32,395 22% 604,253 151,063 151,063 25% 3,000 412 412 14% 752,833 183,870 183,870 24% 53,473 172,183 636,824 10,557 172,100 117,595 74,189 10,557 20% 172,100 100% (1) 191,784 30% (2) 862,480 128,152 246,289 374,441 43% (109,647) 55,718 239,009 239,009 Ending Fund Balance as of September 30, 2012 $ 129,362 $ 294,727 NOTES: (1) The amount of the County Contract is encumbered for the fiscal year. (2) The variance in operating expenditures is due to encumbrances that are recorded for the entire year. 9 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MAYOR SUMMER YOUTH PROGRAM for the Three Months Ended September 30, 2012 Annual Amended Budget REVENUES: Year to Date Total Percentage Activity Activity of Budget Operating Transfers In $ $ $ Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages 13,000 10,993 10,993 85% (1) TOTAL EXPENDITURES 13,000 10,993 10,993 85% Revenues Over/{Under} Expenditures (10,993) Beginning Fund Balance as of July 1, 2012 Ending Fund Balance as of September 30, 2012 17,997 17,997 $ 17,997 $ 7,004 NOTES: (1) The variance in salaries and wages is due to the activities for this program that occur during summer months. 10 Item No. 20 Approvals City Attorney Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Acting City Manager DATE: December 11, 2012 SUBJECT: Acceptance of Landscape Bonds and Agreement for a Landscaped Median ori De Portola Road PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Accept the surety bonds and agreement from Universal Health Services of Rancho Springs, Inc. for a landscaped median located on De Portola Road. BACKGROUND: Universal Health Services of Rancho Springs, Inc. is building the Temecula Regional Hospital complex to be located on 36 acres between Temecula Parkway and De Portola Road approximately 700 feet west of Margarita Road. The medical complex will include a 320 bed hospital, two buildings for medical offices, a cancer treatment and research center and a fitness center with an emphasis on rehabilitation and physical therapy. The conditions of approval for this development require the installation of a 5,400 square foot landscaped median on De Portola Road. Once the landscaping is installed and the City has approved the landscape improvements, staff will recommend the appropriate release or reduction of the submitted bonds below. Project: De Portola Road Median (CSD11-0002) Tract No: 32468 Surety: Liberty Mutual Insurance Company CIO Marsh USA, Inc. Faithful Performance Bond No. 019032224 - $53,000 Labor and Material Bond No. 019032224 - $26,500 Warranty Bond No. 019032225 - $5,300 FISCAL. IMPACT: ATTACHMENTS: None, the cost of construction for the median will be borne by the developer Vicinity Map Bonds and Agreement 0 Scale: 1:13,559 0 a� 0 0 (o N 0 0 O 0 21 Eta Nr6 i 0O egg aa- 0 @E gy=m g▪ 0Q• Q0 a t Y 2 gga RIS e City Of Temecula Community Services Department 41000 Main Street • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6480 • Fax (951) 694.6488 • www.cityoftemecula.orq Parkland/Landscape Improvement Agreement Date of Agreement: October 12, 2011 1 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc Name of Subdivider: Universal Health Services of Rancho Springs, Inc. Address of Subdivider (street): 367 S. Gulph Road Address of Subdivider (city, state, zip): King of Prussia, PA 19406 Contact: William Seed Title: Staff VP Phone Number: 610-768-3344 Fax Number: 610-992-4560 Name of Subdivision: Temecula Regional Hospital Map No.: 32468 Parkland/Landscape improvement Plans No.: (Referred to as "Landscape Improvements") CSD11.0002 De Portola Road Median — (5,393 sf) Estimated Total Cost of Improvements: $53,000.00 Estimated Completion Date:f�tarch24 (Referred to as "Completion Date") ep>rc rr\ bee. � 3Gr 2ot3, Name of Surety: Liberty Mutual Insurance Company CIO Marsh USA, Inc. Address of Surety (street): Two Logan Square Address of Surety (city, state, zip): Philadelphia, PA 19103 Contact: Marina Kenney Title: Phone Number. a 15 .. -ay ^ \ `—.\ \ Fax Number: Bond No. Amount Faithful Performance Bond 0 MO O 3 2 22_ 4 $ 53,000.00 Labor and Materials Bond O 1 CI 032:2-2-,-1 $ 26,500.00 Bond for Warranty 01 CIG' . 3 2 2.2 G $ 5,300.00 1 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by 2 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bands\Parkland Landscape Agreement.doc Parkland/Landscaping Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance Tots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. 3 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file 4 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site 5 R:\SMITHBIDevelopment Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, 7 R:\SMITHB\Develcpment Review\Median Plan Checs\CSD11-0002 DePortola Median HospitallBonds\Parkland Landscape Agreement.doc altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. City Council authorizes the Director of Community Services or the Director of Community Services authorized representative to accept the landscaped medians, perimeter slopes, and parks into the Community Services Maintenance System which is funded by the Parks and Lighting Special Tax. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the 8 R:\SMITHB\Development Review\Median Paan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities.Subject to approval by Community Services, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an 9 R;\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 10 R:ISMITHBIDevelopment ReviewlMedian Plan Chec.Ks1CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be 11 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\I3onds\Parkland Landscape Agreement.doc used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. 12 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary 13 R:\SMITIHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work' or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement doc 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the 15 R:ISMITHBIDevelopment Reviewwledian Plan Checks\CSD11-0002 DePortola Median Hospital \Bonds\Parkland Landscape Agreement.doc particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph for Parkland/Landscape Improvements shall remain in full force and effect for ten years following the acceptance by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 16 R:\SMITHB\Developrnent Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than March 21, 2042 f 3(� Zf: l 3 . I tre event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 17 R:\SMITHB\Development Review\Medlan Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.aoc 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: Notice to SUBDIVIDER: City Clerk City of Temecula 41000 Main Street Temecula, CA 92590 or P.O. Box 9033 Temecula, CA 92589-9033 Un�versc�\ 1�e�� Se..viceS a uo;\\,nr• see, 341 s, G-uyt, Road Kuria oc e(kitssc, Rk 1840(4 0t rc\r,o SQ r.ris 23. Severabilitv. The provisions of this Agreement are severable, If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 18 . R:\SMITHB1Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc 27. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 R:\SMITHB\Development Review\Median Plan Checks\CSD11-0002 DePortola Median Hospital\Bonds\Parkland Landscape Agreement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Temecula Community Services District Board President. SUBDIVIDER CAL-PASEO DEL SOL, LLC By: Name: Title: e. �1c,e C-'te\e,r,'c Name Title: By. A/, ,r i Exhibil- A De Portola Median 100% Cost Estimate 9/2012011 KTU+A Project #010-036 ITEM TOTAL QUANTITY UNIT ESTIMATED UNIT COST TOTAL COST 1 Irrigation System Calsense ET2000e 8 Station Controller Assembly 1 EA $6,657.00 $6,657.00 Backflow Preventer Assembly 1 EA $2,755.00 $2,755.00 Basket Strainer Assembly 1 EA $2,795.00 $2,795.00 1" Hunter ICV -G -AS MV Assem, 1 EA $175.00 $175.00 1" Hunter ICV -101G Drip Remote Control Valve Assembly 4 EA $325.00 $1,300.00 Rain Bird 44LRC QCV Assembly 6 EA $175.00 $1,050.00 Nibco T-560 Ball Valve Assembly 7 EA $212.00 $1,484.00 Drip Emitter Assembly 534 EA $1.75 $934.50 V.I.T. PS18 Pipe Stabilizer 223 EA $0.75 $167.25 Flush Valve Assembly (on grade) 8 EA $6,49 $51.92 Non -Pressure UVR Lat. Sch40 -1/2" 1,340 LF $1.80 $2,412.00 Non -Pressure Sch40 Lat - 3/4" 50 LF $2.30 $115.00 Pressure Mainline Sch40 -1" 670 LF $3.95 $2,646.50 PVC Sleeving-Sch40 -2" 45 LF $7.65 $344.25 Sch40 Conduit - 2" 45 LF $7.65 $382.50 14 Gauge Direct Burial Wire 1,340 LF $0.31 $403.00 Lateral Fittings(10% of Pipe) 1 % $241.12 $241.12 PSL Fittings (8%of total PSL Pipe) 1 % $211.72 $211.72 Sawcut and Removal of A/C Paving 90 SF $34.00 $3,060.00 Repair A/C Paving 90 SF $32.00 $2,880.00 Subtotal $30,065.76 2 Landscape Items Fine Grading 5,393 SF $0.10 $539.25 Soil Prep 5,393 SF $0.30 $1,617.75 Mulch (4" layer) 66 CY $30.00 $1,977.25 Shrubs - 5 gal 538 EA $25.00 $13,450.00 Maintenance (90 days) 1 LS $4,500.00 $4,500.00 Guarantees & Replacements 5,393 SF $0.12 $647.10 Subtotal $22,731.35 3 L8 I Subtotal $52,797.11 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY On this, 28th day of October, 2011, before me Caitlin M. Vernot, a Notary Public, personally appeared Steve Filton and William Seed, personally known to me, whose names are subscribed within the attached Parkland/Landscape Improvement Agreement for Universal Health Services of Rancho Springs, Inc. and acknowledged that they executed the forgoing for the purposes contained herein. In witness whereof, 1 hereunto set my hand and official seal. 27m u lic . Vernot Notary P My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Caitlin M Vemot, Notary Public Upper Merlon Twp., Montgomery County My Commission Expires Nov. 3. 2012 Member. PennevWorrrn Aasaalalion of Notaries l��/moo/a CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND BOND NO: 019032224 WHEREAS, the City of Temecula, State of California, and Universal Health Services of Rancho Springs, Inc. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to i - - to . .11. - - - • - ' • • - . _ • . ' •• • • vemehts, which said Agreement, dated October 12.201 , and identified as De Portola Road Median, CSDI1.0002, is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; NOW, THEREFORE, we the Principal and as surety, are held and firmly bound unto the City of Temecula, California, in the pena sum of $53,000.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation sha(I become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment renfered. R!ISMITHBV evelopment ReviewlMedian Plan Checks1CSD11-0002. DePortola Median HcspltallBonds'iFaithful Performance Bond.doc 10/04/2011 Liberty Mutual Insurance Company The surety hereby stipulates and agrees that no change, extension Of time, alteration or alteration or addition to the terms of the Agreement or to the work to'be performed there under or the specifications accompanying the same shall in anyway }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 Agreement or the work or to the specifications. IN WITNESS WHEREOF, this ins -ritmpnthac heep dilly exedute y the Principal and Surety above named, on (Seal) Liberty Mutual Insurance Company SURETY By: Sally Phillips October 20, 2011 (Selal) Universal Health Services of Rancho Springs, Inc. PRINCI ' L, -12/ By: Attorney -in -Fact (Name) (Title) (AU signatures shall be nptarized.) Rhonda C. Hamilton, Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rhonda C. Hamilton, Notary Public City Of Philadelphia, Philadelphia County My Commission Expires Dec. 12, 2011 Member, Pennsylvania Association of Notaries APPROVED AS TO FORM: Peter Thorson, City Attorney 1 clucts- ctrvicifi an (Nan (Title) By: (Name) V( (e ,to1(1-er: (Tide) R:ISM.THB\Developrnent Review'Median Plan Checks'CSD t 1-0002 DePortota Median HospitallBonds'Faithful Performance Bond.doc 10/04/2011 CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND BOND NO: 019032224 WHEREAS, the City of Temecula, State of California, and Universal Health Services of Rancho Springs, Inc. (hereinafter designated as "Principal") have entered into an Agreemdnt whereby Principal agrees to install and complete certain Parkland improvements, which said Agreement, dated _ )October 12, 2011 , and identified as De Portoia Road Median, CSD11-0002, is hereby referred to and made a part hereof; and WHEREAS, under the term of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Cbde of the State of California; and NOW, THEREFORE. we the principal and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, material men, other persons ettnployed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $26,500.00, lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. R:ISMITHBIDevelopment ReviewiMedian Plan Checks1CS011-G002 DePortola Median HospitalPBonds\Labor and Materlais Bond.doc Page 1 of 3 As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shaI insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to there or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect4 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. R:\SMITHB10evelcpment Review\Median Plan Checks1CSD11-0002 DePortola Median Hospital!BondsiLabor and Materials Band deo Page 2 of 3 IN WITNESS WHEREOF, this instrument has been duly exectited by the Principal and Surety above named, on October 20, 2011 (Seal, Liberty Mutual Insurance Company SURETY • By: - Sally Phillips Attorney -in -Fact (Name) (Title) (All signatures shall be notarized.) Z/Le.A(Z (Seal) Universal Health Services of Rancho Springs, Inc. PRINCIPAL By: aer0 t K. RhQr it C3tirWrlit4n,d)lRtaivkISISYLVANIA Notarial Seal Rhonda C. Hamilton, Notary Public City Of Philadelphia, Philadelphia County My Commission Expires Dec. 12, 2011 Member, Pennsylvania Association of Notaries APPROVED AS TO FORM: Peter Thorson, City Attomey IfaSurec faircmin0_ (Name (Title) By: S- Q -e \ r (Native) V t Qe c? 51 -pr\� (Title) R:ISMITHBIDeveiopment RevlewlMedlan Plan ChockslCSD11-0002 DePortola Median Hospitar BondsyLabor and Materials Bond.doc Page 3 of 3 N 0 a d • N Y • 0) '0 7 ✓ � CD O d > • 13 c .y O i Sr O o ;: C (W cp i C E- C > 0) Zv 2650007 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint MARINA A. KENNEY, FRANCIS J. CURRAN, SALLY PHILLIPS, ALL OF THE CITY OF PHILADELPHIA, STATE OF PENNSYLVANIA , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVENTY FIVE MILLION AND 00/100*********"""***** DOLLARS ($ 75,000,000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 14th day of September _ , 2009 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY By L4 �,-.�.. /.✓, ���% Garnet W. Elliott, Assistant Secretary On this 14th day of September , 2009 before me, a Notary Public, personally came Garnet W Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH _ - =unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. CERTIFICATE COMMONWEALTH OF PENNSYLVANIA Mime Lent Tera» Pas Notary Punk Plymou@ Twp., MmancanneyAmy My Commie:41 i Eapyw March 28, 22013 Merano*, P.en.yYnnisAs.ouaion of Notarial. By jete,iliiiKtsx) Teraa Pastella, Notary Public I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided In Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. CP�IF�$T�1Qi�jVY WHEREO20e hereunto subscribed my name and affixed the corporate seal of the aid company, this Byrr� day of Davi M. Carey, Ass afit Secretary CITY OF TEMECULA PARKLAND/LANDSCAPE WARRANTY BOND BOND NO: 019032225 WHEREAS, the City of Temecula, State of California (hereinafter designated as Universal Health Services of Rancho Springs, Inc. "City"), and (hereinafter designated as "Principal") have entered into an Agreemept whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated October 12, 2011 , and identified as De Portota Road Median, CSD11-0002, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done udder the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in he amount of ten percent (10%) of the estimated cost of the improvements; NOW, THEREFORE, we the Principal and Liberty Mutual Insurance Company as surety, are held and firmly bound unto the City of Temecula, Califgrnia, in the penal sum of $5,300.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation i!, such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things sand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on His or their part, to R:\SMITH'3tDevelopnent Rev:ewiMedfan Plan Checks\CSD11.0002 DePortola Median HcspitaltBonds1Warranty Bond.doc Page 1 of 3 be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall ihdemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such 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 Agreement or to the work to qe performed hereunder or the specifications accompanying the same shall in anyv{ray 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 Agreement or to the work or to the specifications. R:ISMITHBtDevetoontent Review\Median Pian Chedcs;CSD11-0002 DePortota Median HospitaNBondsOarranty Bond.doo Page 2of3 IN WITNESS WHEREOF, this insrinamthas Principal and Surety above named, on October 20, (.Seal) Liberty Mutual Insurance Company SURETY By: Sally Phillips ted by the (Seal) Universal Health Services of Rancho Springs, Inc. PRINCI" L 22 I4 By: WV) rLI< CI (Name (Name) Attomey-in-Fact (Title) (All signatures shall be n•tarized.) Rhonda C. Hamilton, Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rhonda C. Hamilton, Notary Public City Of Philadelphia, Philadelphia County My Commission Expires Dec. 12, 2011 Member. Pennsylvania Association of Notaries APPROVED AS TO FORM: Peter Thorson, City Attorney lie01.bUCec (Title) By: 9-e V '. i .(+4..-)" (Name) V t(e. r 1GteA ( (Tide) R:1SMrrHB1Development ReviewlMedtan Plan CtteckeiCS011-0002 DePortola Median Hospital\BondsjWarranty Sond.doc Page 3 of 3 2650008 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint MARINA A. KENNEY, FRANCIS J. CURRAN, SALLY PHILLIPS, ALL OF THE CITY OF PHILADELPHIA, STATE OF PENNSYLVANIA , each individually If there be more than one named, Its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVENTY FIVE MILLION AND 00/100*** ****** *********** DOLLARS ($ 75,000,000.00***** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executedpursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 14th day of September 2009 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott, Assistant Secretary On this 14th day of September 2009 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. CERTIFICATE COMMONWEALTi OF PENNSYLVANIA Notrrat Sed Tines* Pastore. Note.y Puldh PfymooM TWA, Mo nery Counry My Cann euQun Eapbn: Medi 23, 2013 ',Waft. PtrOVIIY NAtvxisaonof Neh.by By iteittud&e, TerGa Pastella, Notary Public I, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is In full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided In Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IAi T Y WHEREOF 1 have hereunto subscribed my name and affixed the corporate seal of the said company, this�`�" yC-C.YCa- �f) By r` Davi M. Carey, /Ass nt Secretary day of Item No. 21 DISTRICT BUSINESS Approvals City Attorney Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Susan W. Jones, City Clerk DATE: December 11, 2012 SUBJECT: Appointment of President and Vice President of the Temecula Community Services District for Calendar Year 2013 RECOMMENDATION: That the Board of Directors 1. Entertain motions from the Board of Directors to appoint the President, effective January 1, 2013, to preside until the end of Calendar Year 2013; Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2013, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2013. BACKGROUND: The Temecula Community Services District Board of Directors appoints a member to serve as Pres dent and Vice President annually. These offices are assumed at the first meeting of the Community Services District in January and the newly elected officers will preside through the Calendar Year of 2013. FISCAL IMPACT: None Item No. 22 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY ACTION MINUTES of October 9, 2012 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING The Successor Agency to the Temecula Redevelopment Agency convened at 7:46 P.M. CALL TO ORDER: Chairperson Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington SARDA PUBLIC COMMENTS None. SARDA CONSENT CALENDAR 13 Minutes - Approved staff recommendation (5-0-0) Director Comerchero made the motion; it was seconded by Director Naggar; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the action minutes of August 28, 2012. 14 Financial Statements for the Five Months Ended June 30, 2012 - Approved staff recommendation (5-0-0) Director Comerchero made the motion; it was seconded by Director Naggar; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Receive and file the Financial Statements for the Five Months Ended June 30, 2012. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT At 7:47 P.M., the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, October 23, 2012, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] Item No. 23 Approvals �� City Attorney `� "/ Finance11 City Manager OCL THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Heidi Schrader, Senior Management Analyst DATE: December 11, 2012 SUBJECT: Financial Statements for the Three Months Ended September 30, 2012 PREPARED BY: Rudy Graciano, Revenue Manager Pascale Brown, Accounting Manager RECOMMENDATION: Receive and file the Financial Statements for the Three Months Ended September 30, 2012. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the three months ended September 30, 2012. Please see the attached financial statements for analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Statement of Fiduciary Net Assets as of September 30, 2012. 2. Combining Statement of Changes in Fiduciary Net Assets -for the Three Months Ended September 30, 2012. SARDA COMBINING STATEMENT OF FIDUCIARY NET ASSETS As of September 30, 2012 SARDA SARDA Payment Housing Fund Obligation Fund SARDA Redevelop- ment Property TOTAL Tax Trust Fund ASSETS: Cash and Investments $ 16,955,020 $ 1,511,301 $ 1,002,978 $ 19,469,299 Receivables 794 218,680 1,968 221,442 Land Held for Resale 98,484 98,484 Land 3,819,108 3,819,108 Property, Plant, and Equipment (net of accumulated depreciation) 33, 655, 318 33, 655, 318 TOTAL ASSETS $ 16,955,814 $ 39,302,891 $ 1,004,946 $ 57,263,651 LIABILITIES: Accounts Payable Advances from City-SERAF Advances from Other- City Bonds Payable TOTAL LIABILITIES NET ASSETS: Held in Trust for Successor Agency Activities $ - $ 30,860 $ - $ 30,860 - 5,250,954 - 5,250,954 - 1,297,932 - 1,297,932 - 90,295,000 - 90,295,000 96,874,746 96,874,746 16,955,814 (57,571,855) 1,004,946 (39,611,095) TOTAL NET ASSETS $ 16,955,814 $ (57,571,855) $ 1,004,946 $ (39,611,095) Note: Balances are unaudited 1 SARDA COMBINING STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS for the Three Months Ended September 30, 2012 SARDA SARDA Payment Housing Fund Obligation Fund ADDITIONS: SARDA Redevelop- ment Property Total Tax Trust Fund Investment Earnings $ 1,665 $ (1,670) $ Reimbursement 172,186 - Operating Transfer In 1,502,958 5,110,426 DEDUCTIONS: 3,905 $ 3,900 - 172,186 - 6,613,384 TOTAL ADDITIONS 1,676,809 5,108,756 3,905 6,789,470 Debt Service 3,312,686 3,312,686 Affordable Housing Obligations 305,000 305,000 Operations 15,410 15,410 Depreciation - 303,999 - 303,999 Transfer to SARDA Payment Obligation Fund 2,316,083 1,502,958 2,794,342 6,613,383 TOTAL DEDUCTIONS 2,316,083 5,440,053 2,794,342 10,550,478 Change in Net Assets (639,274) (331,297) (2,790,437) (3,761,008) Net Assets as of 7/1/2012 17,595,088 (57,240,558) 3,795,383 (35,850,087) Net Assets as of 9/30/2012 $ 16,955,814 $ (57,571,855) $ 1,004,946 $ (39,611,095) 2 PUBLIC HEARING Item No. 24 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Senior Management Analyst DATE: December 11, 2012 SUBJECT: AB 1600 Financial Reports PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: Approve the AB 1600 Financial Reports for fiscal year ending June 30, 2012. BACKGROUND: Government Code Sections 66006 requires that an accounting of the developer impact fees be made public and the information reviewed in a regularly scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, there`ore, a matter of statewide interest and concern. Annually, the City Finance Department staff compiles a report of expenditures made with the developer impact fees collected and interest accrued during the year. Staff has compiled the AB 1600 Report for this purpose and recommends acceptance and approval of the report of expenditures made with the developer impact fees after hearing public testimony. FISCAL IMPACT: Monies must be used within five years for specified purposes or returned to the developer. All funds are programmed to be spent in accordance with the fiscal years 2013-2017 Capital Improvement Program adopted June 12, 2012, by the City Council. ATTACHMENTS: AB 1600 Financial Reports City of Temecula Attachment No. 1 - OPEN SPACE LAND ACQUISITIONS Government Code 66000 Calculation FY 2011-12 The impact fees for Open Space Land Acquisitions are based on the cost of land needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population driven, they apply only to residential development. The fee is $623.00 per residential attached unit (condominium, apartment, townhouse, and duplex), and $869.60 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: 210.165.509 -Open Space Acquisition 210.165.738 -Pedestrian Bicycle Bridge $ 204,297 $ 3,466 100.00% 100.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 445,416 $ 207,763 Expenditures & Other Uses: $ 445,416 Capital Projects Transfers Out Total Uses $ 445,416 Total Available $ 498,379 $ (237,653) $ 260,726 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Previous Years Revenues Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 $ 52,963 $ 207,763 Total Ending Fund Balance $ 260,726 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete % Funded With Fee 210.165.509 -Open Space Acquisition 210.165.738 -Pedestrian Bicycle Bridge $ 289,000 $ 156,416 100.00% 100.00% 100.00% 29.00% Total $ 445,416 City of Temecula Attachment No. 2 - STREET IMPROVEMENTS Government Code 66000 Calculation FY 2011-12 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $1,265.37 per residential attached unit (condominium, apartment, townhouse, and duplex), $1,807.67 per residential detached unit (single family), and $2.48-$6.92 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: 210.165.704 -Medians & Ornamental 210.165.602 -Murrieta Creek Bridge 210.165.743 -Main Street Bridge $ 677,839 $ 28,689 100.00% 20.00% 20.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 490,000 $ 706,528 Expenditures & Other Uses: $ 490,000 Capital Projects Transfers Out Total Uses $ 490,000 Total Available $ 3,133,834 $ 216,528 $ 3,350,362 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Previous Years Revenues Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 $ 1,318,808 $ 255,726 $ 1,069, 300 $ 706,528 Total Ending Fund Balance $ 3,350,362 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete % Funded With Fee 210.165.704 -Medians & Ornamental 210.165.602 -Murrieta Creek Bridge 210.165.743 -Main Street Bridge $ 40,000 $ 613,254 $ (163,254) 100.00% 20.00% 20.00% 100.00% 29.00% 19.00% Total $ 490,000 City of Temecula Attachment No. 3 - TRAFFIC SIGNALS AND TRAFFIC CONTROL SYSTEMS Government Code 66000 Calculation FY 2011-12 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $179.11 per residential attached unit (condominium, apartment, townhouse, and duplex), and $255.88 per residential detached unit (single family), and $0.36- $0.97 per square foot of floor area from commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: $ 106,262 $ 2,342 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 108,604 Expenditures & Other Uses: $ 96,848 Capital Projects Transfers Out Total Uses $ 96,848 Total Available $ 259,629 $ 11,756 $ 271,385 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Previous Years Revenues Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 $ 162,781 $ 108,604 Total Ending Fund Balance $ 271,385 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete % Funded With Fee 210.165.680 -Traffic Signal Equipment Replacement 210.165.670 -Flashing Beacons & Speed Advisory Signs 210.165.682 -Traffic Signals 210.165.501 & 503 Citywide Adaptive Traffic Sync. $ 75,000 $ 22,893 $ 94,716 $ (95,761) Total $ 96,848 100.00% 100.00% 25.00% 100.00% 20.52% 7.28% 12.00% 10.00% City of Temecula Attachment No. 4 - PARK and RECREATION IMPROVEMENTS Government Code 66000 Calculation FY 2011-12 The fees are collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio of facility replacement cost to population. Because the fees are population driven, it only applies to residential developments. The fee is $2,137.39 per residential attached unit (condominium, apartment, townhouse, and duplex), and $2,983.44 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: 210.190.156 Water Slide Replacement CRC pool $ 617,902 $ 4,436 100.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ (19,643) $ 622,338 100.00% Expenditures & Other Uses: $ 19,643 $ 124,273 25.00% Capital Projects Transfers Out Total Uses 100.00% $ 124,273 210.190.151 -Neighborhood Park Lighting $ (17,314) 100.00% 100.00% 210.190.128 -Tennis Court GOHS Total Available $ 296,381 $ 498,065 $ 794,446 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Previous Years Revenues Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 $ 172,108 $ 622,338 Total Ending Fund Balance $ 794,446 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete % Funded With Fee 210.190.156 Water Slide Replacement CRC pool $ 151,328 100.00% 100.00% 210.190.675-Childrens Museum Renovation $ (19,643) 100.00% 100.00% 210.165.754 -TCC Renovation $ 19,643 5.00% 25.00% 210.190.179 -Play Structure Retrofit $ (25,763) 100.00% 100.00% 210.190.151 -Neighborhood Park Lighting $ (17,314) 100.00% 100.00% 210.190.128 -Tennis Court GOHS $ 8,708 5.00% 100.00% 210.190.129 -Inclusive Play Structure $ 7,314 5.00% 55.00% Total $ 124,273 City of Temecula Attachment No. 5 - CORPORATE FACILITIES Government Code 66000 Calculation FY 2011-12 Fees are collected for City administrative and maintenance facilities. The need for future space at the Civic Center is due to the demand of services housed at the Civic Center. The need for maintenance facilities is due to an increase in street and park maintenance. The fee is $262.96 per residential attached unit (condominium, apartment, townhouse, and duplex), $490.43 per residential detached unit (single family), and $0.17-$0.48 per square foot of floor area for commercial developments, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: 210.165.751 Civic Center $ 134,499 $ 153 100.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 134,652 $ 134,652 Expenditures & Other Uses: $ 134,652 Capital Projects Transfers Out Total Uses $ 134,652 Total Available $ - $ - $ - Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Previous Years Revenues Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 Total Ending Fund Balance Result : Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete % Funded With Fee 210.165.751 Civic Center 134,652 100.00% 1.70% Total $ 134,652 City of Temecula Attachment No. 6 - FIRE PROTECTION FACILITIES Government Code 66000 Calculation FY 2011-12 Fees are collected to provide future fire protection facilities and apparatus. The fee is $287.90 per residential attached unit (condominium, apartment, townhouse, and duplex), $620.42 per residential detached unit (single family), and $0.11-$0.17 per square foot of floor area for commercial developments, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: 210.165.741 -Fire Station Roripaugh 210.165.733 -Fire Station Wolf Creek $ 136,308 $ 3,811 9.00% 100.00% Developer Fees Interest Income Contributions from Property Owners Total Sources $ - $ 140,119 Expenditures & Other Uses: $ - Capital Projects Transfers Out Total Uses $ - Total Available $ 371,682 $ 140,119 $ 511,801 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Revenues Collected from 2007-08 Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 $ 34,844 $ 136,102 $ 53,961 $ 146,775 $ 140,119 Total Ending Fund Balance $ 511,801 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete % Funded With Fee 210.165.741 -Fire Station Roripaugh 210.165.733 -Fire Station Wolf Creek $ 24,234 $ (24,234) 9.00% 100.00% 4.00% 10.00% Total $ - City of Temecula Attachment No. 7- LIBRARY Government Code 66000 Calculation FY 2011-12 Fees are collected to provide future facilities and materials. Because these fees are population -driven, they apply only to residential development. The fee is $569.29 per residential attached unit (condominium, apartment, townhouse, and duplex), and $794.63 per residential detached unit (single family), payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: 210.190.153 Library Parking Expansion $ 194,170 $ 481 100.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 268,542 $ 194,651 Expenditures & Other Uses: $ 268,542 Capital Projects Transfers Out Total Uses $ 268,542 Total Available $ 73,891 $ (73,891) $ - Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Previous Years Revenues Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 Total Ending Fund Balance Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete % Funded With Fee 210.190.153 Library Parking Expansion $ 268,542 100.00% 100.00% Total $ 268,542 City of Temecula Attachment No. 8 - PUBLIC ART Government Code 66000 Calculation FY 2011-12 Fees are collected to enhance the quality of life for City residents, workers, and visitors by providing for the acquisition, placement, and maintenance of public art work. The fees are equal to 10% of 1% of the building value in excess of $100,000, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: 210.190.121 Public Art $ 28,702 $ 1,541 100% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 10,000 $ 30,243 Expenditures & Other Uses: $ 10,000 Capital Projects Transfers Out Total Uses $ 10,000 Total Available $ 170,304 $ 20,243 $ 190,547 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Revenues Collected from 2007-08 Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 $ 107,208 $ 37,481 $ 7,247 $ 8,368 $ 30,243 Total Ending Fund Balance $ 190,547 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete! % Funded With Fee 210.190.121 Public Art $ 10,000 100% 100.0000% Total $ 10,000 City of Temecula Attachment No. 9 - POLICE FACILITIES Government Code 66000 Calculation FY 2011-12 Fees are collected to provide future space for police facilities and equipment. The fee is $462.17 per residential attached unit (condominium, apartment, townhouse, and duplex), $261.23 per residential detached unit (single family), and $0.06-$0.26 per quare foot of floor area for commercial development, payable at the time of issuance of a building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2011-12 Ending Fund Balance Revenues & Other Sources: $ 98,553 $ 1,267 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ - $ 99,820 Expenditures & Other Uses: Capital Projects Transfers Out Total Uses $ - Total Available $ 106,734 $ 99,820 $ 206,554 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2012 Previous Years Revenues Revenues Collected from FY2008-09 Revenues Collected from FY2009-10 Revenues Collected from FY2010-11 Revenues Collected from FY2011-12 $ 18,538 $ 88,196 $ 99,820 Total Ending Fund Balance $ 206,554 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2011-12 % Complete % Funded With Fee Total $ - Item No. 25 Approvals City Attorney Finance City Manager OOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: December 11, 2012 SUBJECT: Appointment of Mayor and Mayor Pro Tem for Calendar Year 2013 RECOMMENDATION: That the City Council: Entertain motions from the City Council Members to appoint the Mayor, effective January 1, 2013, to preside until the end of Calendar Year 2013; Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2013, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2013. BACKGROUND: The City Council appoints a member to serve as Mayor and Mayor Pro Tem annually. These offices are assumed at the first meeting of the City Council in January and the newly elected Mayor and Mayor Pro Tem will preside through the Calendar Year of 2013. FISCAL IMPACT: None ATTACHMENTS: None DEPARTMENTAL REPORTS Item No. 26 Approvals City Attorney Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: December 11, 2012 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Report for the months of October and November 2012. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report November / December 2012 Prepared by: Amer Attar Submitted by: Greg Butler Date: 12/11/2012 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. All mainline utilities were established by the end of May 2012. Landscaping and commissioning of HVAC is ongoing. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are complete. Closure of the project is being delayed by business concerns of the general contractor. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This portion of the project is complete. The mitigation/monitoring portion of the project, which involves removal of invasive plant species from the creek channel, and a subsequent two-year monitoring period, began on September 17th. Monitoring is ongoing. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I Project includes widening of southbound 1-15 from Warm Springs Creek to the Winchester Road off - ramp, widening of the Winchester Road off -ramp, construction of the new southbound off -ramp at French Valley Parkway, and construction of the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue. Project is under construction JUN2012 - DEC2013. See project web page for construction updates: http://www. cityofte mecu Ia. o rg/Temecula/Govern ment/Publ icWo rks/French Va I ley. htm. Roripaugh Ranch Street Improvements - Phase I The road was opened to the Public on September 14, 2012. Landscape maintenance and various close out items are ongoing. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project installed landscape and irrigation improvements on a 0.26 acre Habitat Creation Area and maintaining it for five years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 01/20/11. The project is now in the 5 -year maintenance/monitoring program. 1 Citywide Concrete Repairs - FY2010-11 This project is an annual maintenance project. The project involves removing and replacing various damaged concrete facilities throughout the city. The contractor has completed all of the work. The Notice of Completion is scheduled for the 12-11/2012 City Council meeting. CITYWIDE SLURRY SEAL FY 2011-12 The Notice to Proceed was issued on June 4, 2012. There are 40 working days given to this project. Project was substantially complete as of mid August. Contractor has completed the punchlist items. The NOC is currently being prepared. Pavement Rehabilitation Program - Margarita Road Project 2 This project rehabilitated Margarita Road from Avenida Barca to Solana Way and included rehabilitation of the Margarita Community Park parking lot. All roadway work is complete - punchlist items only remaining. Pavement Rehabilitation Program - Ynez Road This project will rehabilitate Ynez Road from Winchester Road to Solana Way. Project was awarded to All American Asphalt at the 06/26/12 City Council Meeting. Contractor has rehabilitated the intersections. The remaining work will be completed in the spring of 2013. CITYWIDE CONCRETE REPAIRS FY 2011-12 This project consists of removing and replacing various concrete improvements including, but not limited to, curb & gutter, sidewalk, drive approaches, under sidewalk drains, cross gutters, ADA ramps, and spandrels throughout the City. The project is currently in its 15th week of work. Project is scheduled to be completed by the second week of December. Traffic Safety and Bridge Light Retrofit The Traffic Safety and Bridge Light Retrofit Project will replace lower efficiency high pressure sodium lighting technology with more energy efficient induction lighting technology at 240 traffic intersections and atop bridges within the City of Temecula. Republic ITS started replacing the receptacles on August 13th. Project is complete. A NOC is being prepared. French Valley Parkway Environmental Mitigation This project will implement the riparian mitigation requirement of the HM MP that was developed for the French Valley Parkway Interchange project. Work involves creation of a 2.73 acre riparian site through planting native plant species and removing non-native & invasive plant species. Construction started on October 2, 2012 and was completed November 5, 2012. This site will be monitored and maintained for 5 years. Roripaugh Ranch Street Improvements Phase II Bid opening for this project was conducted on 11/27/12 @ 11:00 a.m.. The contract for this project will be presented to the City Council for award consideration at their 12/11/2012. Theater Energy Efficient Lighting Including Technology and Equipment Upgrade 2 A Request for Quote was issued on 11/08/2012. The City received the quotes on 11/27/2012. The City Council will consider approving a purchase agreement with the chosen vendor at their 12/11/2012 meeting. 3 PROJECTS BEING ADVERTISED FOR BIDS Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Bid advertisement began on 10/24/12; bid opening scheduled for 12/06/12. Addendum #1 issued 11/5/12, Addendum #2 issued 11/16/12, Addendum #3 issued 11/26/12 4 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of a mitigation site for the Wolf Valley Creek Channel Improvements - Stage I. City has hired a consultant to map the new proposed area and forwarded the conceptual mitigation approach to the environmental agencies for approval. Consultants are developing a HMMP and staff is reviewing 90% Plans/Specs involving 3.4 acres of riparian habitat. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The first draft of the IS/MND report will be completed by the Beginning of December. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. Consultant is finalizing the design plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/2009. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange 95% PS&E (5th) target submittal December 2012. Pavement Rehabilitation Program These rehabilitation projects will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita and Rancho Vista Roads. Caltrans has approved plans and will issue encroachment permit shortly. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II 30% PS&E comments received from Caltrans. Target 60% PS&E submittal in April 2013. Bridge Site Data Submittal approved by Caltrans. Structures Type Selection Meeting held on 11-28-2012. Inclusive Play Structure 5 This project will install play structure for youth and special needs kids upon completion of a inclusive needs study at Margarita Community Park and Kent Hintergardt Memorial Park. These sites were chosen by the Park and Recreation Subcommittee. The consultant has prepared a draft conceptual plan for the subcommittee; revisions are being prepared. Tennis Court Lighting - Great Oak High School This project will Install lights around the tennis courts at Great Oaks High School. RBF was hired to provide the construction plans and specifications for the lighting installation. Staff is reviewing the 90% plans & specifications. Old Town Temecula Community Theater Remediation - Preliminary Investigation The City Council approved an agreement with Myer and Associates at its June 12, 2012 meeting. The investigation is complete and the results were presented. The City Council approved the design contract (full working drawings) at the 11/13/2012. meeting. Design is underway. Temecula Community Center Renovation The City Council approved a design agreement with Williams Architects at the 05/08/2012 meeting. The City received 60% plans and they are currently under review. PAVEMENT REHABILITATION PROGRAM - CITYWIDE, FY 2012/2013 This project will rehabilitate portions of Margarita Road, Ynez Road, Temecula Parkway, Overland Drive and Old Town Front Street. A kick-off meeting is being scheduled with design consultant. Consultant is gathering all of the as -built plans for design. 50% plan checks are scheduled to be submitted in mid January. Front Street Storm Drain This project involves replacement of the cross gutter in Old Town Front Street, approx. 800' north of Temecula Parkway. Two conceptual design alternatives for a replacement drainage system will be presented to the City for consideration. Notice to proceed issued to design consultant on 11/26/12. 6 TOTAL COST FOR LAST FISCAL YEAR $ 132,767.91 $ 798.56 $ 35,504.00 k° ~q $% °# kA v" e n� Z:; -1 ak ® q K ■ k FISCAL YEAR TO DATE 1- § 18,578 $ 55,176.66 450 69 69 88,467 $ 6,192.69 1.146 $ 9,168.00 • 246 $ 6,491.94 $ 12,300.00 142 $ 3,747.38 $ 7,100.00 470 $ 12,403.30 $ 23,500.00 369 $ 9,737.91 337 20,240 750 $ 19,792.50 0 $ - 394 $ 10,397.66 42 $ 1.108.38 $ The Street Maintenance Division also responds to service requests for a variety of other reasons, the total number of Service Order Requests, some of which include work reported above Is reported monthly. SERVICE ORDER REQUESTS I j No. of SOR's: 34 34 I 240 I I i 469 $ 18,567.71 " c. 0 , 69 ., __ „ 6969 .. 69 (9 .. 6969 „ 69 49 , ® 1111 ® 69 , . Personnel assigned to the Street Maintenance Division are on-call and respond to atter hours emergencies or support City sponsored special events i Overtime Hours: 539.59 104 $ 4,117.36 51 i $ 2,019.09 $ - �� ,$§ �. 04 & Z WORK I cosi- COMPLETED I N. \ 26,878 $ 1,881.46 120 $ 960.00 0 0 0 52 1 $ 1,372.28 f $ 2,600.00 23 € $ 606.97 ! $ 1,150.00 149 $ 3,932.11 $ 7,450.00 93 , $ 2,454.27 7,. K ' fq 138 j $ 3,641.82 @ § / -----� )G oo •$f ooo ...----- --■ ® Rw.�.. § . . �± \\ 42 $ 1,108.38 $ 2,100.00 38 j $ 1,002.82 $ 1,900.00 69 $ 1,820.91 $ 3,450.00 0 $ - §,,, 6969__ 0. 0 , 35,314.97 § § _. oo \) �§ 2_ S\ § I - § �.� o 2ND QUARTER •• k ASPHALT CONCRETE Square Footage: $2.97 Tons: PORTLAND CEMENT CONCRETE Square Footage: S2.97 PCC Yards: STRIPING & PAVEMENT MARKINGS: Curb & Lines (linear feet): 50.07 Painted Legends (each): 58.00 Median Noses (each): Raised Pavement Markers (each): Thermo Plastic Legends (each): SIGNS & BANNERS No. of Signs REPLACED: $26.39 Material (cost per sign): $50.00 No. of Signs INSTALLED: $26.39 Material (cost per sign): 550.00 No. of Signs REPAIRED: $26.39 Material (cost per sign): $50.00 No. of BANNERS installed: $26.39 GRAFFITI REMOVAL No. of Locations: Square Footage: DRAINAGE FACIUTIES CLEANED Catch Basins: 526.39 Down Drains: 526.39 Under sidewalk Drains 526.39 Detention Basins: 526.39 TREES TRIMMED No. of Trees Trimmed: $26.39 R.O.W. WEED ABATEMENT Area Abated (square feet): 50.034 TOTALS DEPARTMENT OF PUBLIC WORKS CONTRACTED MAINTENANCE WORK COMPLETED FISCAL YEAR 2012-2013 Year to Date 0 1 EA O I EA 0 69 O O O 1 EA 0 2 $ 4.394.00 Oi i0 to 0 O 0 `O EV 69 $ 4.248.00 $ 30,242.00 re w En w 0 w o I 1 i I NOVEMBER I 1i i � ! I I i 69 w 03 0O o O O 1 to O 1 co o O 1 EA O O O 1 69 — -- 0 0 $ _ _ 3.670:00 1 } Oi O o a O 69 ' 69 i S 0 a o 0 E A SEPTEMBER O 1 EA 0 1 69 I 0 1 fR 0 0 0 1 69' — — 0 1 $ _ 420.00 0 I 1 toi ig i I 0 V to 0 0 N EA 0 0 FA AUGUST 1 — — 0 1 EA 0 1 69 0 1 EA 0 0 0 1 EA 0 — 1 $ — 304.00 O I O 1 i EA $ 304.00 Ji -) O 1 EA 0 1 EA 0 1 EAi 0 0 0 1 69 0i 1 1 Oi I i 1 EA 0 0 1 1 1 EA EA SCOPE OF WORK 1 ASPHALT CONCRETE Square Footage Cost PORTLAND CEMENT CONCRETE Square Footage Cost DRAINAGE FACILITIES Channels (each) Cost STRIPING AND PAVEMENT MARKINGS Striping (linear feet) Sandblasting (linear feet) Legends (each) Cost TREES Trees Trimmed Trees Removed Cost WEED ABATEMENT ROW Area Abated (Square Feet) Other Public Lands Abated (Square Feet) Cost MISC. MAINT ACTIVITES Cost TOTAL CONTRACTED MAINT COSTS N R: \MAINTAINIMOACRTPWULY THRU DEC M O J Q N 0 0 W M N W Ce W F-- < �I_W 0 >-<Q ~ U o 0 . u_ sped to •0N 0 o 0 l0 4 N 000 0 O 0 0 0 0 N r1 e I ,-I r -I r1 00 LD ct N 0 0 0 0 0 0 0 0 0 0 0 0 0000000000 O 00 iD a N O 00 lD N N c-1 I-1 c-1 ci c -I ;aai aaenbs c c T (0 2 Q Q L_ (0 2 AD 0) U- 01 0 = E(0 C . , r0 Z O U 0 01 h0 (0 48o c >0 0 o V) U ZEl 0 Q aJ a0 D a c V-) a) as CU o- O cn O 1- 0 0) M o Gam) N M 00 CO N M M N N f': o N 0) - E U 3 9- Z O N N1".. 0 (0 Is. I-- CO U() <0 (0 M M t c 0 2 (n lb a.+ S' c L >i O a 0 c.) c aRI -)) < v) 0 0-3 �i E Q 2-~ Item No. 27 Approvals City Attorney Finance City Manager COL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Acting City Manager DATE: December 11, 2012 SUBJECT: City Council Travel/Conference Report — November 2012 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and File On November 27, 2012 Council Member Ron Roberts and Council Member Jeff Comerchero traveled to Boston, Massachusetts to attend the National League of Cities Congress of Cities and Exposition. ATTACHMENTS: Meeting Agendas NLC BOSTON zo,z \ATI CO A N O\AL LEAGUE OF CITIES \CESS OF CITIES D EXPOS T O\ BOSTON CONVENTION AND EXHIBITION CENTER November 28 — December 1, 2012 NATIONAL LEAGUE of CITIES PRELIMINARY SCHEDULE WEDNESDAY, NOVEMBER 28 7:00 AM -6:00 PM 9:30 AM -12:30 PM 9:00 AM - 5:00 PM 1:00PM•4:00PM 1:00 PM - 4:00 PM 1:30 PM - 5:00 PM 3:00 PM• 4:30 PM 4:30 PM • 6:00 PM 6:00 PM -10:00 PM Registration Mobile Workshops Committee and Council Meetings Constituency Group Meetings and Events Policy Committee Meetings Mobile Workshops Leadership Training Seminars Board Committee Meetings New Member Orientation Constituency Group Meetings and Events Stote Municipal league/ Other Special Events Check www.nlc.org for the latest information on the conference. THURSDAY, NOVEMBER 29 7:00 AM - 7:30 PM 7:30 AM •3:00 PM 8:00 AM • Noon 8:30 AM - 12:30 PM l 9:00 AM - Noon 9:00 AM - 3:00 PM Noon - 1:30 PM Noon • 3:00 PM 1:00 PM - 3:00 PM 1:30 PM - 3:00 PM 3:15 PM -5:15 PM 5:30 PM -7:00 PM 6:30 PM -8:00 PM 7:00 PM -10:00 PM Registration Constituency Group Meetings and Events Boord and Advisory Council Meetings Mobile Workshops leadership Troining Seminars Exhibit Hall Open lunch Mobile Workshops Committee and Council Meetings Resolutions Committee Opening General Session Welcoming Reception Nomination Committee Hearing Constituency Group Meetings and Events Stote Municipal League/ Other Special Events FRIDAY, NOVEMBER 30 7:00 AM - 5:00 PM 9:00 AM- 10:30 AM 10:30 AM - 2:00 PM 10:45 AM- 12:15 PM 12:15 PM- 1:30 PM 1:30 PM - 2:45 PM 2:45 PM -3:15 PM 3:15 PM - 4:30 Registration Conference Sessions Exhibit Hall Open Conference Sessions lunch Conference Sessions Networking Break PM Conference Sessions 5:00 PM - 10:00 PMConstituency Group Meetings and Events, Stote Munidpal League/Other Special Events SATURDAY, DECEMBER 1 7:00 AM - 2:30 PM Registration 8:00 AM - Noon Constituency Group Meetings and Events Committee and Council Meetings 9:00 AM - 10:15 AM Conference Sessions 10:30 AM • Noon Conference Sessions 12:15 PM - 2:00 PM General Session and Lunch 2:30 PM - 4:30 PM Annual Business Meeting 7:00 PM - 10:00 PM Host City Closing Event MOBILE WORKSHOPS COME SEE BOSTON IN ACTION! The mobile workshops are free of charge to full conference registrants. WEDNESDAY, NOVEMBER 28 9:30 A.M. - 12:30 P.M. On a Roll: Bicycling in Boston Discover the challenges and opportunities of sharing the road with human powered transportation for an older city like Boston with narrow streets and walkways and learn about Boston's public bike share program. The Rose Fitzgerald Kennedy Greenway: Whatever happened to the Big Dig Come tour the results of this enormous project and understand how the Greenway fits into the larger open space network in Boston and beyond. 1 :00 P.M. - 4:00 P.M. Growing the Next Generation of Businesses Boston's Innovation District • creating a new wove of urban jobs - see it all in one place: social infrastructure, entrepreneurship & small business start ups. Boston's Main Streets See neighborhood based economic development in action and the revitalization of local business districts through the first city-wide Main Streets program in the country. Building Peace in Boston Learn obout Boston's nationally recognized comprehensive violence prevention and intervention strategy including BCYF Street workers, neighborhood, public health, & community partners together with law enforcement. THURSDAY, NOVEMBER 29 8:30 A.M. - 1 1:30 A.M. Transforming Beantown into Greentown Learn how to use zoning and other tools to promote the highest levels of sustainable development and the people, projects and strat- egies that ore helping to make it hoppen. Closing Access and Achievement Gaps Boston has established o wide range of educational options that have increased graduation rates and better prepared our students for college. We hove developed a portfolio of schools that meet the needs of diverse leorners. See the Boston Public Schools Re• Engagement Center, innovation schools, Parent University and array of new education options for the future. 9:30 A.M. - 12:30 P.M. Discover Roxbury's Development Gems See Boston's approach to revitalizing Dudley Square, a transit anchored historic district. Today's repurposed buildings and a strong neighborhood identity help drive Si billion in public and private investment in the heart of Boston's African American Community. NOON - 3:00 R.M. Using Technology to Engage Residents & Improve Service Delivery Learn about Citizen's Conned, the Boston One Cord, Technology Goes Home, Bostrax, and other programs that Boston is piloting to empower residents to re -shape the city and take odvantoge of all that Boston has to offer. Food Policy for a Healthier City Boston is creating a comprehensive food policy strategy which, in severol years hos brought a new wave of food -based initiatives - from mobile food trucks with healthy offerings to urban agriculture and greenhouses to the Boston Bounty Bucks program, which puts more healthy foods on inner-city family tobles. Boston Moves for Health Learn about Mayor Menino's new campaign aimed at improving the health and fitness of the City of Boston. As part of the initiative, the mayor has challenged residents to lose one million pounds and move (walk, run, hop, swim, skip) 10 million miles. Special Thanks to our Conference Sponsors! 41) ICM/\ d.mf,„R,,.,,,,M, Scorn, FOUNDATION Official Airline of the 2012 NLC City Showcase! SOUTHWEST` COMMUNITY AND ECONOMIC DEVELOPMENT POLICY AND ADVOCACY COMMITTEE MEETING NLC CONGRESS OF CITIES AND EXPOSITION BOSTON, MASSACHUSETTS Meeting Boston Convention and Exhibition Center Room 162B Wednesday, November 28, 2012 1:00 p.m. — 4:00 p.m. Presiding The Honorable Neal Andrews Council Member Ventura, California NLC Staff Michael Wallace Program Director for Community and Economic Development (202) 626-3025 wallace@n1c.org COMMUNITY AND ECONOMIC DEVELOPMENT POLICY AND ADVOCACY COMMITTEE MEETING AGENDA 1:00 p.m. WELCOME, INTRODUCTIONS AND MEETING OVERVIEW • Neal Andrews, Chair Council Member, Ventura, California 1:10 p.m. CHAIR'S REPORT • Neal Andrews, Chair Council Member, Ventura, California The Chair will update the Committee on the Steering Committee's work and its recommendations for policy amendments and resolutions. 1:25 p.m. FEDERAL RELATIONS UPDATE • Michael Wallace Program Director, NLC Center for Federal Relations The Committee will hear an update on issues important to cities and towns before Congress and the Administration, including the federal budget and sequestration. 2:00 p.m. PRESENTATION: HOUSING REHABILITATION FOR VETERANS WITH DISABILITIES • Elisha Harig-Blaine Senior Associate, Housing (Veterans and Special Needs), NLC Center for Research and Innovation The Committee will learn about new resources available from NLC to help cities and towns assist returning veterans with their housing needs. 2:15 p.m. PRESENTATION: ECONOMIC DEVELOPMENT RESOURCES • Katie McConnell Senior Associate, Finance and Economic Development, NLC Center for Research & Innovation The Committee will learn about resources available from NLC to help city leaders identify and pursue economic development goals. 2:20 p.m. 10 MINUTE BREAK 2:30 p.m. AMENDMENTS TO NATIONAL MUNICIPAL POLICY AND PROPOSED RESOLUTIONS The Committee will consider the Steering Committee's recommendations for amendments to the National Municipal Policy and for the current CED resolutions. Proposals for additional policy amendments or resolutions will also be in order. 3:30 p.m. LOOKING AHEAD TO 2012 The Committee will discuss local priorities and the outlook for placing those priorities in the federal agenda in the next session of Congress. 4:00 p.m. ADJOURNMENT 3 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE Committee Chair: Neal Andrews Council Member, Ventura, California Committee Vice Chairs Tony Thomas, Council Chairman, City of Savannah, Georgia Priscilla Tyson, Council Member, City of Columbus, Ohio Board Liaison: Jacquelyn E. Johnson, Councilwoman, City of East Orange, New Jersey Steering Committee: James D. Stewart, Jr., Council Member, City of Irondale, AIabama Gilbert Lopez, Vice Mayor, City of Coolidge, Arizona Dave Richins, Council Member, City of Mesa, Arizona Frank Fogelman, Mayor, City of Marion, Arkansas Jerry Thorne, Vice Mayor, City of Pleasanton, California Nancy Hart, Council Member, City of Riverside, California Jeff Comerchero, Mayor, City of Temecula, California Wesley LaVanchy, Town Manager, Town of Firestone, Colorado Hayward Benson, Jr., Commissioner, City of Lauderhill, Florida Michael R. Blynn, Council Member, City of North Miami, Florida Joyce Sheperd, Council Member, City of Atlanta, Georgia Vince R. Williams, Council Member, City of Union City, Georgia John Ostenburg, Mayor, Village of Park Forest, Illinois Wayne Seybold, Mayor, City of Marion, Indiana Mandy Stuke, Council Member, City of Lenexa, Kansas Donna Owens, Council Member, City of Overland Park, Kansas Lavonta Williams, Council Member, City of Wichita, Kansas Henry Marraffa, Jr., Council Member, City of Gaithersburg, Maryland Emmett V. Jordan, Mayor Pro Tem, City of Greenbelt, Maryland Donna Crary, Council Member, City of Laurel, Maryland Leland Cheung, Council Member, City of Cambridge, Massachusetts Michael Wojcik, Council Member, City of Rochester, Minnesota Johnny Dupree, Mayor, City of Hattiesburg, Mississippi John A. Sharp, Council Member, City of Kansas City, Missouri Allan S. Gray II, Council Member, City of Lee's Summit, Missouri Ricki Y. Barlow, Council Member, City of Las Vegas, Nevada David Howard, Council Member, City of Charlotte, North Carolina D.J.Haire, Mayor, City of Fayetteville, North Carolina Rashad Young, City Manager, City of Greensboro, North Carolina Don Metzger, Council Member, City of Lumberton, North Carolina Patricia J. Britt, Clerk of Council, City of Cleveland, Ohio Johnnie A. Warren, Council President, Village of Oakwood Village, Ohio Ronald Kelly, Council Member, City of Oklahoma City, Oklahoma Jim Fairchild, Council Member, City of Dallas, Oregon 16 TRANSPORTATION INFRASTRUCTURE AND SERVICES POLICY AND ADVOCACY COMMITTEE MEETING NLC CONGRESS OF CITIES AND EXPOSITION BOSTON, MASSACHUSETTS Meeting Boston Convention Center Room 159 Wednesday, November 28, 2012 1:00 p.m. — 4:00 p.m. Presiding The Honorable Lee Dunlap, Chair Councilmember, Plano, Texas NLC Staff Leslie Wollack Program Director for Infrastructure and Sustainability 202.626.3029 Wollack@n1c.org 1:00 p.m. TRANSPORTATION AND INFRASTRUCTURE SERVICES POLICY AND ADVOCACY COMMITTEE MEETING AGENDA WELCOME, INTRODUCTIONS AND MEETING OVERVIEW • Lee Dunlap, Chair Councilmember, Plano, Texas 1:10 p.m. CHAIR'S REPORT • Lee Dunlap, Chair Councilmember, Plano, Texas The Chair will update the Committee on the Steering Committee's work and its recommendations for policy amendments and resolutions. 1:25 p.m. FEDERAL RELATIONS UPDATE • Leslie Wollack Program Director for Infrastructure and Sustainability, NLC Center for Federal Relations The committee will hear an update on issues important to cities and towns before Congress and the Administration, including the federal budget and sequestration. 1:45 p.m. PRESENTATION AND DISCUSSION: HOW TO FUND A FEDERAL TRANSPORTATION PROGRAM • Jack Basso Executive Director, Mileage Based User Fee Alliance, Washington, DC The current 18.4 cent a gallon federal gas tax is not generating sufficient revenue to fund national transportation programs. The committee will discuss proposed alternatives for closing the funding gap. 2:30 p.m. PRESENTATION AND DISCUSSION: US FEDERAL HIGHWAY ADMINISTRATION INITIATIVE TO STREAMLINE TRANSPORTATION PROJECTS • Joanna Turner Deputy Assistant Secretary for Intergovernmental Affairs, U.S. Department of Transportation, Washington, DC Red tape and projects delays continue to plague transportation projects. The committee will discuss programs within DOT and provisions in the new transportation bill that address these delays and move projects towards more quickly. 3:15 p.m. AMENDMENTS TO NATIONAL MUNICIPAL POLICY AND PROPOSED RESOLUTIONS The Committee will consider the Steering Committee's recommendations for amendments to the National Municipal Policy and for the current TIS resolutions. Proposals for additional policy amendments or resolutions will also be in order. 3:45 p.m. LOOKING AHEAD TO 2012 The Committee will discuss potential transportation federal policy priorities for 2012. 4:00 p.m. ADJOURNMENT 6 Sue Steffen From: Martha Moss <moss@nlc.org> Sent: Sunday, November 18, 2012 10:08 AM To: APAMO President Gilbert Wong; CED Chair Councilmember Neal Andrews; CED Chair Neal Andrews 2; Corporate Partners Leadership Council Chair Fred Wacker; Council Member Debbie Quinn; CRD Chair Councilmember Mary McComber; CRD Chair Mary McComber 2; EENR Chair Council Member Michael Sesma; EENR Chair Michael Sesma 2; FTS Council Chair Mayor Denny Doyle; FTS Council Chair Mayor Denny Doyle 2; GLBTLO President Bob Gaiser; HD Chair Mayor Pro Tem Van Johnson; HELO President Karen Avilla; HELO President Karen Avilla 2; International Council Chair Henrietta Davis; ITC Chair Council Member Chris Whitley; ITC Chair Council Member Chris Whitley 2; LCC Chair Councilwoman Dina Higgins; LTC Chair Mayor Roy Gold; NBC -LEO President Deborah Denard Delgado; NBC -LEO President Deborah Denard Delgado 2; PSCP Chair Council Member Kenneth Massey; SCC Chair Council Member Leon Maynor; TIS Chair Mayor Pro Tem Lee Dunlap; UCC Chair Mayor Nancy Chaney; WIMG President Kathy Maness; WIMG President Kathy Maness 2; YEF Council Co -Chair Councilman At -Large Ronnie Steine; YEF Council Co -Chair Mayor Karl Dean; YEF Council Co -Chair Mayor Karl Dean 2; Alice Rodriguez; Audrey Jaycox; Audrey Jaycox 2; Carolyn T. Comitta; Carolyn T. Comitta; Corey Rushton; Darryl Moss; David M. Sander; David M. Sander; Donald Rosen; Donald Rosen; Ellen Polimeni; Ellen Polimeni; Frank "Tony" Thomas; Gretchen Driskell; Isaac (Ike) Robinson, Jr.; Jan Marcason; Joe Davis, Sr.; Johnny DuPree; Karl Nurse; Larry Kitchens; Mary Dorothy (Dot) La Marche; Mary Dorothy (Dot) La Marche; Mary Hamann -Roland; Matt Appelbaum; Pat Miner; Patsy Kinsey; Patsy Kinsey; Pete Constant; Pete Constant; Pete Haga; Priscilla R. Tyson; Priscilla R. Tyson; R. Michael Kasperzak, Jr.; R. Michael Kasperzak, Jr.; Robert Avery; Robert Avery; Ron Roberts; Sue Steffen; Stuart Gillaspie; Stuart Gillaspie; Tom Phillips; Vicki Aubrey Welch Cc: 2012 NLC President Mayor Ted Ellis; Don Borut Subject: You're Invited to Attend the NLC 2012 Group Leaders' Meeting, Saturday Morning, December 1, during the Boston Congress of Cities NLC CROUP LENDERS' MEETIIV g for 2012 committee, council, and panel chairs and vice chairs, and constituency group leaders Saturday, December 1, 2012 during the Boston Congress of Cities The 2012 Group Leaders Meeting will be held in Room 107A at the Boston Convention Center 7:15- 8:30 a.m. [A continental breakfast will be available in the meeting room.] 000 In the next few days, 1 will be e -mailing you the meeting agenda. If you are attending the Boston Congress of Cities, we hope you will plan to attend the Saturday, December 1st Group Leaders' Meeting. If you have any questions regarding the meeting, please contact me. 1 TRANSPORTATION AND INFRASTRUCTURE SERVICES COMMITTEE Committee Chair Lee Dunlap, Council Member, City of Plano, Texas Committee Vice Chairs Patsy Kinsey, Council Member, City of Charlotte, North Carolina Ron Roberts, Mayor, City of Temecula, California Board Liaison Dan Besse, Council Member, City of Winston-Salem, North Carolina Steering Committee Members: Shana Ellis, Council Member, City of Tempe, Arizona Tab Townsell, Mayor, City of Conway, Arkansas Sam Pedroza, Council Member, City of Claremont, California Richard Alarcon, Council Member, City of Los Angeles, California David Sander, Mayor, City of Rancho Cordova, California Pam O'Connor, Mayor Pro Tem, City of Santa Monica, California Dennis P. McCloskey, Council Member, City of Broomfield, Colorado Jack B. Ethredge, Jr., City Manager, City of Thornton, Colorado Mack Goodman, Council Member, City of Thornton, Colorado Richard J. Kaplan, Mayor, City of Lauderhill, Florida Shelby L. Lowe, Council Member, City of Riviera Beach, Florida Michelle J. Gomez, Commissioner, City of Tamarac, Florida William D. McLeod, Mayor, Village of Hoffman Estates, Illinois John Noak, Mayor, Village of Romeoville, Illinois Al Larson, Village President, Village of Schaumburg, Illinois Dan Johnson, Council Member, Louisville -Jefferson County Metro Government, Kentucky Konrad Herling, Council Member, City of Greenbelt, Maryland Mary McComber, Council Member, City of Oak Park Heights, Minnesota Jim Crain, Alderman, City of Grandview, Missouri Gerard 'Gerry' Biedenstein, Council member, City of Kirkwood, Missouri David Boeckner, Council Member, City of Scottsbluff, Nebraska Merlin Perry, Council Member, City of Lenoir, North Carolina Dottie Nash, Mayor Pro Tem, City of Monroe, North Carolina Laura Padgett, Council Member, City of Wilmington, North Carolina Mamie J. Mitchell, Council Member, City of Cleveland, Ohio Bruce E. Duke, Vice Mayor, City of Kettering, Ohio W. C. 'Bubba' Pleasant, Alderman, City of Bartlett, Tennessee Kathryn Wilemon, Council Member, City of Arlington, Texas William Spelman, Council Member, City of Austin, Texas Sheffield Kadane, Jr., Council Member, City of Dallas, Texas David L. Green, Mayor, City of Duncanville, Texas John F. Cook, Mayor, City of El Paso, Texas Bill M. McLendon, Council Member, City of Hurst, Texas Oscar Trevino, Jr., Mayor, City of North Richland Hills, Texas Allan VanNess, Council Member, City of Kenmore, Washington Andy Ryder, Council Member, City of Lacey, Washington Tom Odell, Deputy Mayor, City of Sammamish, Washingon 14