HomeMy WebLinkAbout052306 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MAY 23,2006 -7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:15 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant
to Government Code Sections:
1. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(a) with respect to one matter of pending litigation
involving the City. The following case will be discussed: 1) City of Temecula
v. First and Front, et. al. and related Cross Complaints, Riverside Superior
Court Case No. RIC 415523.
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: 06-06
Resolution: 06-41
CALL TO ORDER:
Mayor Ron Roberts
Prelude Music:
Eve Craig
Invocation:
Pastor Leon Franklin of Living Word
Flag Salute:
Council Member Comerchero
ROLL CALL:
Comerchero, Edwards, Naggar, Washington, Roberts
PRESENTA TIONS/PROCLAMA TIONS
Endanqered Species Act Proclamation
Relav for Life Proclamation
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of April 25, 2006.
2
3 Resolution approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH
IN EXHIBIT A
4 Professional Services Aqreement for Special Tax Administration Services
RECOMMENDATION:
4.1 Approve a three-year professional services agreement with N BS for an annual
amount of $48,250 for FY 2006/07, $49,215 for FY 2007/08, and $50,199.30 for FY
2007/08 for special tax administration for the City's Community Facilities Districts
and Assessment District.
5 Financial Statements for the nine months ended March 31. 2006
RECOMMENDATION:
5.1 Receive and file the Financial Statements for the Nine Months Ended March 31,
2006;
5.2 Approve an increase in operating transfer out of $1 ,750,000 from Capital Project
Fund to Measure "A" Fund 170 operating transfer in.
6 Basketball Court Construction at Kent Hinterqardt Memorial Park
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN AGREEMENT WITH EDGE DEVELOPMENT FOR THE
CONSTRUCTION OF A BASKETBALL COURT AT KENT HINTERGARDT
MEMORIAL PARK
6.2 Approve a contract with Edge Development in the amount of $74,159 + 10%
contingency for the construction of an official size basketball court at Kent
Hintergardt Memorial Park;
3
6.3 Authorize a transfer of $18,575 from the Community Theater Capital Improvement
Project to the Kent Hintergardt Memorial Park Capital Improvement Project.
7 Approve Fire Prevention Outside Plan Check Service Aqreements
7.1 Approve a contract with Charles Abbott & Associates for an amount of $75,000;
7.2 Approve a contract with Willdan Serving Public Agencies for an amount of $45,000;
7.3 Approve a contract with Schirmer Engineering for an amount of $55,000.
8 Authorize Temporarv Street Closure for the Street Paintinq Festival in Old Town (Main Street
between Murrieta Creek and the easterlv terminus of Main Street at Interstate 15)
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE CLOSURE OF A PORTION OF A MAIN STREET FOR THE
STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
9 Temecula Creek Channel. Staqe 2; Cooperative Aqreement between the Citv of Temecula.
Riverside Countv Flood Control and Water Conversation District. and Butterfield Ranch
Self Storaqe. Inc.. within Parcel Map 33545
RECOMMENDATION:
9.1 Approve Temecula Creek Channel, Stage 2 Cooperative Agreement between the
City of Temecula hereinafter called "City", Riverside County Flood Control and
Water Conservation District hereinafter called "District", and Butterfield Ranch Self
Storage, Inc. hereinafter called "Developer", within Parcel Map 33545;
9.2 Authorize the execution of such agreement in its final form by the Mayor, City
Attorney, Director of Public Works, and City Clerk.
10 Annual Purchase Aqreement for FY2006-2007 for the Purchase of Asphalt Products
RECOMMENDATION:
10.1 Approve the purchase agreement with CalMat (dba Vulcan Materials Company) for
the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pothole
repairs in the amount of $75,000 and authorize the Mayor to execute the
agreement.
4
11 Public Works Fiscal Year 2006-2007 Annual Maintenance Contracts
RECOMMENDATION:
11.1 Approve the Annual Maintenance contracts for Fiscal Year 2006-2007:
1. NPG, Inc. (aka Nelson Paving & Sealing)
$ 50,000.00
$ 50,000.00
$ 50,000.00
$ 50,000.00
$ 50,000.00
$100,000.00
$200,000.00
2. Toran Development & Construction
3. Strong's Painting
4. Tiger Equipment Grading & Excavation
5. Rizzo Construction
6. Pacific Striping, Inc.
7. Becker Engineering
10.lmperial Paving Co., Inc.
$200,000.00
$200,000.00
$200,000.00
8. Rene's Commercial Management
9. Monteleone Development
12 Lot Line Adjustment and Grant Deed Associated with the Old Town Temecula Communitv
Theater - Project No. PW02-23
RECOMMENDATION:
12.1 Approve submission of a lot line adjustment between Assessor's Parcel No. 922-
036-035 (Mercantile Building) and Assessor's Parcel No. 922-036-019 (Pottery
Shop) and authorize the City Manager to execute the lot line adjustment application
on behalf of the City;
12.2 Approve the conveyance of a portion of land from Assesso~s Parcel No. 922-036-
035 (Mercantile Building) to Assessor's Parcel No. 922-036-019 (Pottery Shop), and
execute the Grant Deed, included as part of the Lot Line Adjustment Package,
conveying land from the City to the EI Rancho Verde Trust (Jack and Wandelea
Green trustees).
13 Propertv Aqreement - Pauba Road Improvements. Phase II. Project No. PWOO-09
RECOMMENDATION:
13.1 Approve the All-Inclusive Settlement and Encroachment Agreement and General
Release ("Agreement") substantially in the form attached hereto in the amount of
$100,000 between the City of Temecula and Mr. and Mrs. Lloyd Knight for the
property located at 31089 Pauba Road.
5
14 Third Amendment to the Annual Professional Services Aqreement for Professional Services
with Cozad & Fox. Inc. for Various Capital Improvement Projects for FY2005-2006
RECOMMENDATION:
14.1 That the City Council approve the Third Amendment to the Annual Professional
Services Agreement with Cozad & Fox, Inc. in the amount of $20,000 to provide as
needed professional services and authorize the Mayor to execute the amendment.
15 Professional Services Aqreement - TY Lin International - Preparation of Environmental
Document. Plans. Specifications. and Estimate Western Bvpass Bridqe Over Murrieta
Creek - Project No. PW06-04
RECOMMENDATION:
15.1 Approve an agreement with TY L1N International in an amount not to exceed
$344,342 to prepare the Environmental Document, Plans, Specifications, and
Estimate for the Western Bypass Bridge Over Murrieta Creek, Project No. PW06-
04, and authorize the Mayor to execute the agreement;
15.2 Authorize the City Manager to approve extra work authorizations not to exceed the
contingency amount of $34,434.20, which is equal to 10% of the agreement
amount;
15.3 Approve the acceleration of $90,000.00 from the Capital Improvement Budget for
the FY 2006-2007 to the current FY 2005-2006 budget to cover the agreement cost.
16 Librarv Computer Equipment Purchase
RECOMMENDATION:
16.1 Authorize the purchase of library computer equipment for the total amount of
$171,627.16 from HP Inc., which includes shipping and applicable sales tax.
17 Appoint Council Member Edwards to the Riverside Countv Child Safetv Commission (At the
Request of Mavor Roberts)
RECOMMENDATION:
17.1 Appoint Council Member Edwards to serve on the Riverside County Child Safety
Commission.
18 Approve Citv Banners Expenditure
RECOMMENDATION:
18.1 Approve the Purchase/Replacement Banner Agreement for $26,000 with Kelley
Display.
6
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT, THE
CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC
FINANCING AUTHORITY
********************
7
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 06-01
Resolution: No. CSD 06-07
CALL TO ORDER: President Jeff Comerchero
ROLL CALL:
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
19 Minutes
RECOMMENDATION:
19.1 Approve the minutes of May 9, 2006.
20 Financial Statements for the nine months ended March 31 .2006
RECOMMENDATION:
20.1 Receive and file the Financial Statements for the nine months ended March 31,
2006.
8
21 4th of Julv Fireworks Presentation
RECOMMENDATION:
21.1 Approve a three-year Agreement between the City of Temecula and Pyro
Spectaculars, Inc. to provide the fireworks presentation in the amount of $31 ,500
annually, plus a 10% contingency.
CSD DEPARTMENTAL REPORT
22 Communitv Services Department Monthlv Report
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, June 13,2006, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
9
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 06-01
Resolution: No. RDA 06-04
CALL TO ORDER: Chair Person Mike Naggar
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington,
Naggar
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
RDA CONSENT CALENDAR
23 Minutes
RECOMMENDATION:
23.1 Approve the minutes of May 9, 2006.
24 Financial Statements for the nine months ended March 31. 2006
RECOMMENDATION:
24.1 Receive and file the Financial Statements for the Nine Months Ended March 31,
2006.
10
25 Lot Line Adjustment and Grant Deed Associated with the Old Town Temecula Communitv
Theater - Project No. PW02-23
RECOMMENDATION:
25.1 Approve submission of a lot line adjustment between Assessor's Parcel No. 922-
036-036 (Children's Museum) and Assessor's Parcel No. 922-036-019 (Pottery
Shop) and authorize the Executive Director to execute the lot line adjustment
application on behalf of the Redevelopment Agency;
25.2 Approve the conveyance of a portion of land from Assesso~s Parcel No. 922-036-
019 (Pottery Shop) to Assessor's Parcel No. 922-036-036 (Children's Museum), and
execute the Certificate of Acceptance of the Grant Deed, included as part of the Lot
Line Adjustment Package, conveying land from the EI Rancho Verde Trust (Jack
and Wandelea Green trustees) to the Redevelopment Agency.
26 Status Update on the Temecula Education Center
RECOMMENDATION
26.1 Receive and File.
27 Professional Service Aqreement Amendment NO.1 for Geotechnical Testinq and Monitorinq
and Survevinq Services Associated with the Temecula Education Center Rouqh Gradinq -
Project No. PW06-03
RECOMMENDATION:
27.1 Approve Amendment NO.1 to the Agreement with Leighton Consulting, Inc. to
provide professional geotechnical testing & monitoring and surveying services
associated with the Temecula Education Center Rough Grading, Project No. PW06-
03, in the amount of $195,695.00 and authorize the Agency Chairperson to execute
the Agreement;
27.2 Authorize the Executive Director to approve Extra Work Authorizations not to
exceed the contingency amount of $22,070, which is equal to 10% of the additive
amounts of the original agreement of $25,000 and amendment NO.1 of
$195,695.00.
RDA DEPARTMENTAL REPORT
28 Redevelopment Departmental Monthlv Report
11
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
Next regular meeting: Tuesday, June 13,2006, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
12
TEMECULA PUBLIC FINANCING AUTHORITY
Next in Order:
Ordinance: No. TPFA 06-01
Resolution: No. TPFA 06-02
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL:
AGENCY MEMBERS:
Comerchero, Edwards, Naggar, Washington,
and Roberts
TEMECULA PUBLIC FINANCING AUTHORITY PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Temecula
Public Financing Authority on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
TPFA CONSENT CALENDAR
29 Minutes
RECOMMENDATION:
29.1 Approve the minutes of February 28, 2006.
30 Refundinq of Variable Rate Bonds of the Temecula Public Financinq Authoritv for
Communitv Facilities District No. 01-2 (Harveston)
RECOMMENDATION:
30.1 Adopt a resolution entitled:
13
RESOLUTION NO. TPFA 06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY APPROVING A THIRD SUPPLEMENTAL INDENTURE
OF TRUST AND AUTHORIZING AND DIRECTING OTHER ACTIONS RELATING
TO THE REFUNDING OF OUTSTANDING BONDS FOR COMMUNITY
FACILITIES DISTRICT NO. 01-2 (HARVESTON)
ADJOURNMENT
14
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.
31 Development Code Amendment - 2006 Clean Up (PA05-0041)
RECOMMENDATION:
31.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE
TO REVISE THE PUBLIC HEARING AND NOTICING REQUIREMENTS,
RESTRICT CERTAIN LAND USES WITHIN THE NICOLAS VALLEY RURAL
PRESERVATION AREA, REVISE MINIMUM SETBACK REQUIREMENTS IN
RESIDENTIAL ZONING DISTRICTS, REMOVE THE TARGET FLOOR AREA
RATIO FOR HOTEL/MOTEL DEVELOPMENT, UPDATE THE AFFORDABLE
HOUSING DENSITY BONUS REQUIREMENTS, ADD NEW SIGN STANDARDS
FOR EXISTING DEVELOPMENT PROJECTS, AND TO MAKE OTHER MINOR
CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING APPLICATION PA05-0041)
32 Amendment to the Old Town Specific Plan - (PA04-0596)
RECOMMENDATION:
32.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN AMENDMENT TO THE OLD TOWN SPECIFIC PLAN (PA04-
0596)
COUNCIL BUSINESS
33 Tobacco Ordinance - Retail Licensinq (at the request of Mavor Roberts & Mavor Pro Tem
Washinqton)
RECOMMENDATION:
33.1 Introduce and read by title only an ordinance entitled:
15
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 5.24 TO THE TEMECULA MUNICIPAL CODE REGARDING
THE LICENSURE OF TOBACCO RETAILERS
33.2 Provide direction to Staff on other possible smoking and tobacco ordinance
provisions.
34 Overview and Discussion of Police Department Dispatch Svstem
RECOMMENDATION:
34.1 Receive a presentation on the 911 Dispatch System and discuss components of the
system with staff.
DEPARTMENTAL REPORTS
35 Public Works Department Monthlv Report
36 Buildinq and Safetv Department Monthlv Report
37 Planninq Department Monthlv Report
38 Police Department Monthlv Report
39 Economic Development Department Monthlv Report
40 Citv Council Travel/Conference Report - April 2006
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, June 13, 2006 at 5:30 P.M., for a Closed Session with regular
session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
16
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEREAS, the City ofTemecula is committed to ensuring the protection and recovery ofthreatened and endangered species; and
WHEREAS, less than one percent ofthe 1,300 species listed as threatened or endangered under the Endangered Species Act (ESA)
have recovered to sustainable population levels over the last 30 years; and
WHEREAS, The U.S. House of Representatives has recently passed legislation to update the Federal Endangered Species Act.
Those reforms support the formation ofthe Habitat Conservation Plans which assist municipalities in their efforts to balance environmental
protections with the needs oftheir individual communities; and
WHEREAS, Habitat Conservation Plans allow private landowners to protect listed species through important assurances and
regulations that are not currently codified in the Endangered Species Act; and
WHEREAS, Coordination between federal, state and local government, conservation groups, and landowners has proven to
increase the effectiveness of recovery efforts and should continue.
NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City ofTemecula, hereby support the current efforts in
Congress to reform the Federal Endangered Species Act to make it more effective in fulfilling the shared National goal of recovering
endangered and threatened species, while giving municipalities the tools they need to provide for their constituents.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of T emecula to be affixed
this 23,d day of May, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
PROCLAMATION
WHEREAS, cancer is the second leading cause of death in the United States; and
WHEREAS, one in four deaths in the United States is from cancer; and
WHEREAS, a projected 15 million Californians will develop cancer during their lifetime; and
WHEREAS, an estimated 6,900 new cases of cancer will be diagnosed in Riverside County this year; and
WHEREAS, the "Relay for Life" is the American Cancer Society's signature event and means by which the organization
accomplishes its' mission; and
WHEREAS, the City of Temecula supports "Relay for Life" to honor cancer survivors, educate the general public about the
importance of early detection and prevention of cancer, and raise funds in the fight against cancer.
NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City of Temecula, hereby promotes
Temecula's Second Annual Relay for Life Event to be held on June 24th & 25th, 2006, at Great Oak
High School, Relay for Life Weekend, and urges the community to support this event.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of T emecula to be affixed
this 23,d day of May, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City cterk
ITEM NO.1
CONSENT CALENDAR
ITEM NO.2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
APRIL 25,2006
The City Council convened in Closed Session at 6:15 P.M. and its regular meeting commenced
at 7:01 P.M., on Tuesday, April 25, 2006, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California, was convened.
Present:
5
Council Members:
Comerchero, Edwards, Naggar, Washington, and
Roberts
Absent:
o
Council Members:
None
PRELUDE MUSIC
The Prelude Music was provided by the Beginning and Junior Choir of the Musicians Workshop.
INVOCATION
The invocation was given by Pastor Dominic Occhipinti of Temecula Community Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Edwards.
PRESENTA TIONS/PROCLAMA TIONS
Mental Health Month Proclamation
Proclaiming the month of Mayas Mental Health Month, Mayor Roberts presented the
proclamation to Ms. Virginia Marshall, Vice President of National Alliance on Mental Illness,
who, in turn, invited the City Council and the public to the upcoming Open House at Mental
Health Administration on Tuesday, May 16, 2006, from 3:00 P.M. to 6:00 P.M.
Miracles for Kids Dav Proclamation
Proclaiming April 25, 2006 as Miracles for Kids Day, Mayor Roberts presented the proclamation
to LaVonna Lacey, Event Coordinator, who expressed her appreciation to the City Council for
the support.
Architecture Week Proclamation
Proclaiming the week of April 23, 2006, as Architecture Week, Mayor Roberts presented the
proclamation to Mr. James Horecka, AlA, who, in turn, apprised the City Council and the public
of an upcoming event on Saturday, April 29, 2006, at the newly remodeled Riverside Plaza,
noting additional information may be obtained through www.aiaic.orq.
R:\Minutes\042506
PUBLIC COMMENTS
A. Presenting bouquets of beautiful roses to the City Council Members, Ms. Rebecca
Weersing, Friends of the Temecula Library and the Rose Society, invited the City Council and
the public to the upcoming Temecula Valley Rose Festival Weekend on Saturday, May 6, 2006,
at the Community Recreation Center and Sunday, May 7, 2006, at Rose Haven and advised
that Franz Wisner author of Honeymoon with my Brother will be at the Temecula Library on
Thursday, April 27, 2006, at 7:00 P.M.
CITY COUNCIL REPORTS
A. Council Member Edwards advised that the Chambers of Commerce (Lake Elsinore,
Temecula, and Murrieta) formed the Southwest California Legislative Council in an effort to
cooperatively work on issues that will assist businesses in the Valley and noted that this
organization has drafted legislation such as AB 2492 which will allow the Governor to declare a
state of emergency and will assist with bypassing red tape with regard to infrastructure.
B. Visiting the Mary Phillips Senior Center on a regular basis, Council Member Naggar
commented on the need for a power wash or new paint for the building and an upgrade of its
landscaping and requested that this matter be addressed in the upcoming Capital Improvement
Project
C. Reiterating the event, Council Member Comerchero invited the public to the Library on
Thursday, April 27, 2006, at 7:00 P.M. to meet Franz Wisner author of Honeymoon with my
brother.
Having visited Old Town on Saturday morning, Mr. Comerchero expressed his
amazement with the numerous events/activities provided to the public.
Viewing the City as being economically fortunate, Mr. Comerchero recommended that
the City Council consider, during its budget workshop, providing the use of the skateboard park
facility at no cost.
D. Having attended a Southern California Association of Governments Housing Summit in
the City of Torrance, Mayor Pro Tem Washington advised that discussions included creating
Affordable Housing, continued demand on housing in this State, jobs-to-housing balance, areas
of revitalization, Redevelopment Agency (amenities/commercial/residential), Transportation
Uniform Mitigation Fee, and infrastructure needs/demands.
E. With regard to Consent Calendar Item No.5, Mayor Roberts commented on the plans to
construct a transit station on SR 79, west of the 1-15 freeway, and advised that Riverside County
Transportation Commission voted to complete a study on a commuter rail or high-speed rail
system between the City of Corona and Cities of Temecula/Murrieta along the 1-15 Corridor to
tie in with San Diego County to complete the process from the City of Corona to the City of San
Diego. Mr. Roberts noted that this rail system would be in addition to the Metrolink San Jacinto
Line (Riverside to City of Perris at the 74 off-ramp).
Having met with top executives of the Press Enterprise, Mr. Roberts commented on the
paper's outreach program to make the newspaper better and to address the needs of the City.
R:\Minutes\042506
2
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of March 28, 2006;
2.2 Approve the minutes of April 11 , 2006.
3 Resolution approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Edward Byrne Memorial Justice Assistance Grant Application
RECOMMENDATION:
4.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a total
amount of $14,966.
5 A Resolution of the City Council of the City of Temecula cooperatinq with Southern
California Association of Governments (SCAG) as a 2% Strateqy Demonstration
Communitv for Communitv-Based Transportation Planninq (at the Request of Mayor
Roberts)
Recommendation:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 06-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
COOPERATING WITH SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) AS A 2% STRATEGY DEMONSTRATION
COMMUNITY FOR COMMUNITY-BASED TRANSPORTATION PLANNING
R:\Minutes\042506
3
6 Tract Map No. 29353 (located east of Butterfield Staqe Road inclusive of North Loop Road
and South Loop Road within the Roripauqh Ranch Specific Plan)
RECOMMENDATION:
6.1 Approve Tract Map No. 29353 in conformance with the Conditions of Approval;
6.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement;
6.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
7 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the
Wolf Creek Fire Station. and approval of the Professional Services Aqreement with Vanir
Construction Manaqement. Inc. for Construction Manaqement. Material Testinq. and
Special Inspections - Project No. PW01-11
RECOMMENDATION:
7.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Wolf Creek Fire Station - Project No.
PW01-11;
7.2 Approve the agreement with Vanir Construction Management, Inc. to provide
professional construction management, material testing, and special inspection
services in an amount not to exceed $319,460 and authorize the Mayor to execute
the agreement;
7.3 Authorize the City Manager to approve amendments to the agreement not to
exceed the contingency amount of $31 ,946, which is equal to 10% of the agreement
amount.
8 Award the Construction Contract for Route 79 South Medians between 1-15 and Butterfield
Staqe Road - Project No. PW02-14
8.1 Award a construction contract for Route 79 South Medians between 1-15 and
Butterfield Stage Road - Project PW02-14 - including the Base Bid and Additive Bid
#2, to Beador Construction Company, Inc. in the amount of $4,655,000 and
authorize the Mayor to execute the contract;
8.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $465,500, which is equal to 10% of the contract amount;
8.3 Authorize an appropriation of $530,000 from Crowne Hill Community Facilities
District (CFD) - Caltrans Improvement Fund;
R:\Minutes\042506
4
8.4 Authorize an appropriation in the amount of $1 ,728,279 from General Fund Capital
Reserves to fully fund this project.
9 Approve Economic Development Event Sponsorship Requests
RECOMMENDATION:
9.1 Approve the Event Sponsorship Agreement in the amount of $10,000 cash and City
support costs in the amount up to $6,100 for the Temecula Valley International Jazz
Festival;
9.2 Approve the Event Sponsorship Agreement in the amount of $35,000 for the
Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the
City will provide temporary logistical support of traffic control signs and devices to
assist with public safety during the Festival estimated at $1 ,400;
9.3 Approve the Event Sponsorship Agreement in the amount of $60,000 for the 2006
Temecula Valley International Film & Music Festival;
9.4 Approve an appropriation of an additional $30,000 to the original budget allocation
of $30,000 from the Unreserved General Fund bringing total sponsorship for the
2006 Temecula Valley Film & Music Festival event to $60,000;
9.5 Authorize the Mayor to execute the above-mentioned agreements.
(Pulled for separate discussion; see page 5-6.)
10 Approve a Third Amendment for Plan Review Services.
RECOMMENDATION:
10.1 Approve the Third Amendment for Plan Check Services with Esgil Corporation in
the amount of $157,000 plus a 10% contingency.
MOTION: Council Member Washington moved to approve the Consent Calendar Item Nos. 1-8
and 10 (Item No.9 was pulled for separate discussion; see below). Council Member
Comerchero seconded the motion and the electronic vote reflected approval with the
exception of Council Member Naggar who abstained with regard to Item No. 2.2.
CONSENT CALENDAR ITEM NO.5 CONSIDERED UNDER SEPARATE DISCUSSION
9 Approve Economic Development Event Sponsorship Requests
RECOMMENDATION:
9.6 Approve the Event Sponsorship Agreement in the amount of $10,000 cash and City
support costs in the amount up to $6,100 for the Temecula Valley International Jazz
Festival;
R:\Minutes\042506
5
9.7 Approve the Event Sponsorship Agreement in the amount of $35,000 for the
Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the
City will provide temporary logistical support of traffic control signs and devices to
assist with public safety during the Festival estimated at $1 ,400;
9.8 Approve the Event Sponsorship Agreement in the amount of $60,000 for the 2006
Temecula Valley International Film & Music Festival;
9.9 Approve an appropriation of an additional $30,000 to the original budget allocation
of $30,000 from the Unreserved General Fund bringing total sponsorship for the
2006 Temecula Valley Film & Music Festival event to $60,000;
9.10 Authorize the Mayor to execute the above-mentioned agreements.
Requesting that this item be considered under separate discussion, Council Member Edwards
commented on the successful Temecula Valley International Film & Music Festival and advised
that the Festival has hired a professional public relations firm to further increase and improve its
outreach program and hired an accounting firm to assist with bookkeeping efforts.
Mayor Pro Tem Washington advised that a local accountant has volunteered to provide those
services to the Festival.
Recognizing the efforts undertaken by the City to promote tourism, Mayor Pro Tem Washington
commented on the City's contributions to support tourism which is a significant component of
economic development.
MOTION: Council Member Comerchero moved to approve Consent Calendar Item NO.9. The
motion was seconded by Mayor Pro Tem Washington and electronic vote reflected unanimous
approval
At 7:37 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 7:42 P.M., the City Council resumed with regular
business.
PUBLIC HEARING
17 A Citywide ordinance prohibitinq Medical Marijuana Dispensaries in all zoninq districts in the
City of Temecula
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 06-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTIONS 17.06.030, 17.08.030, AND 17.34.010 OF THE
TEMECULA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY
R:\Minutes\042506
6
City Attorney Thorson presented the staff report (as per agenda material), clarifying that the
proposed Ordinance is a land use ordinance that would prohibit the establishment of such
dispensaries within the various zones within the City and advising that those individuals in need
of such treatment should contact the Sheriff's Department and County Health Department.
In response to Mayor Roberts, City Attorney Thorson noted that the County has not made a
decision with regard to this matter.
At this time, the public hearing was opened.
Speaking in support of medical marijuana dispensaries, Mr. Martin Victor, Temecula, stated the
following:
D That the Supreme Court of the Unites States did not state that California law is
unconstitutional and that Federal law supersedes State law
D that medical marijuana patients, as per the Health and Safety Code, are exempt from
prosecution
D that currently the City has six medical marijuana patients that must travel 80 miles to get
their medicine
D that Supervisor Stone recently attended a conference of doctors, nurses, and
researchers in Santa Barbara and that he visited a dispensary in Santa Barbara
D that he would like to locate a medical marijuana dispensary in the City.
There being no additional speakers, the public hearing was closed.
Appreciating the passion of the speaker, Council Member Naggar clarified that the Council's
decision with regard to this matter or any other matter must consider the impacts/the affects to
the City as a whole; that currently there is a conflict with the law and that unless this conflict can
be resolved, Mr. Naggar expressed his support of the Federal law until this law may be
changed.
Echoing Council Member Naggar's comments, Council Member Edwards as well expressed her
compassion for those individuals that have no other alternatives; viewed herself as not qualified
to rule on such medical issues; and noted that medical marijuana should be
regulated/dispensed similar to other Class 2 drugs which are regulated/dispensed through
pharmacies.
Noting that his comments have been expressed by his fellow colleagues, Mayor Pro Tem
Washington commended City Attorney Thorson on the clarification of the proposed ordinance -
a land use decision, reiterating the need to resolve the conflict between Federal and State laws.
Concurring with the previously made comments, Council Member Comerchero reiterated that
the issue before the City Council is a land use issue and, therefore, expressed his support of the
recommendation.
Echoing the comments of his fellow colleagues, Mayor Roberts expressed his support of the
recommendation.
At this time, City Attorney Thorson introduced Ordinance No. 06-05.
R:\Minutes\042506
7
MOTION: Mayor Pro Tem Washington moved to introduce Ordinance No. 06-05. The motion
was seconded by Council Member Edwards and electronic vote reflected unanimous approval.
18 A Development Plan for Plaza Rio Vista Office Buildinq (PA05-0139)
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 06-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA05-0139, A DEVELOPMENT
PLAN TO CONSTRUCT AN 18,680 SQUARE FOOT, TWO-STORY OFFICE
BUILDING ON A 1.41 ACRE SITE IN THE LIGHT INDUSTRIAL ZONE, LOCATED
ON THE NORTHWEST CORNER OF DIAZ ROAD AND BLACKDEER LOOP,
KNOWN AS APN 921-030-016 AND APN 921-030-017
By way of a PowerPoint presentation, Planning Director Ubnoske provided an overview of the
proposal
There being no public input, the public hearing was closed.
MOTION: Council Member Naggar moved to approve staff recommendation. The motion was
seconded by Council Member Comerchero and voice vote reflected unanimous approval.
COUNCIL BUSINESS
19 Proposed Commission Guidelines
(at the request of Council Members Naqqar and Washinqton)
RECOMMENDATION:
19.1 Adopt the proposed guidelines for the appointment of City Commissioners, for
inclusion in the Handbook for Commissions, Committees, and Boards.
As per a PowerPoint presentation, City Clerk Jones highlighted the staff report (of record).
Appreciating the efforts of the City's Commissioners, Mayor Pro Tem Washington commented
on his goal for these guidelines to include measures that would encourage new citizens that
have not had the opportunity to participate and to make such an opportunity available.
Concurring with the proposed guidelines to be included in the Handbook for Commissions,
Committees, and Boards, the Council Members expressed their views with regard to the
additional guidelines for candidates who have served two full terms and recommended the
following:
D That the incumbent shall have served as Chair or Vice Chair of his/her respective
Commission (for a candidate who has served two full terms and seeking
subsequent terms)
R:\Minutes\042506
8
o Council Member Comerchero - may take an appointment out of the City
Council's control and may place it in the control of the Commission; that
such question should be asked by the City Council but should not be
made mandatory;
o Council Member Naggar - concurred with requiring this option
considering this option would be for a third term
o Council Member Edwards - expressed her support
o Mayor Pro Tem Washington - expressed his support of this option
o Mayor Roberts - recommended the use of should versus shall
D That the incumbent hall have served on at least one subcommittee of his/her
respective Commission (for a candidate who has served two full terms and
seeking subsequent terms)
o Council Member Comerchero - suggested that such information should
be considered by the City Council but should not be mandated;
o Council Member Naggar - encouraged all Commissions to consider the
appointment of subcommittees and, therefore, concurred with this option;
recommended the addition of the following verbiage: one
subcommittee or special project...;
o Council Member Edwards - Public Traffic Safety Commission generally
does not function through subcommittees and, therefore, this objective
may not work;
o Mayor Pro Tem Washington - intent was not to create a mandate but for
the guidelines to serve as a framework of the expectations and
proactiveness on the Commission
o Mayor Roberts - recommended the use of should versus shall
D That the incumbent may only be appointed to a third term and beyond with a
4/5ths vote
o Council Member Comerchero - vehemently opposed this option because
such action would usurp the democratic process;
o Council Member Naggar - did not feel strongly either way about this
option
o Council Member Edwards - vehemently opposed this option
o Mayor Pro Tem Washington - did not feel strongly either way about this
option
o Mayor Roberts - concurred with the opposition of his fellow Council
Members
MOTION: Council Member Naggar moved to approve the recommended guidelines, as written,
for candidates seeking a third term, the guideline that the incumbent may only be appointed to a
third term and beyond with a 4/5ths vote was deleted and the following verbiage as added to the
guideline that the incumbent shall have served on at least one subcommittee or special project
of his/her respective Commission. Council Member Edwards seconded the motion. (Prior to
the vote, additional discussion ensued; see page 8.)
Council Member Edwards expressed no concern with the guidelines for a third-term candidate,
as written, expressing her support of the use of shall.
SUBSTITUTE MOTION: Council Member Comerchero moved to approve the recommended
guidelines but requested the addition of the following language: that if the applicant were an
R:\Minutes\042506
9
incumbent, that it would be viewed favorably/strong determining factor if he/she had previously
served as ChairlVice Chair. (This motion died for the lack of a second.)
Wanting to specifically address the two-term Commissioner, Mayor Pro Tem Washington
viewed it as a milestone if a two-term Commissioner had previously served as a ChairlVice
Chair but expressed the importance of separating the process of an initial Commission
appointment versus a third-term appointment.
At this time, the electronic vote of the original motion reflected approval of the motion
with Council Member Comerchero voting.!lQ.
DEPARTMENTAL REPORTS
20 Buildinq and Safety Department Monthly Report
No additional comment.
21 Planninq Department Monthly Report
No additional comment.
22 Public Works Department Monthly Report
No additional comment.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that the City Council provided direction to him with respect to the
litigation listed but other than that there was no action to report.
R:\Minutes\042506
10
ADJOURNMENT
At 8:30 P.M., the City Council meeting was formally adjourned to Tuesday, May 9,2006, at 5:30
P.M., for a Closed Session with the regular session commencing at 7:00 P.M., in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
R:\Minutes\042506
11
ITEM NO.3
Approvals
City Attorney
Director of Finance
City Manager
1#f'"
/112.
Cf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
May 23, 2006
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Senior Accountant
Reta Weston, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized
resources of the City and have been recorded in accordance with the City's policies and procedures.
Attachments: Resolution and List of Demands
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER 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, have been reviewed by the City Manager's Office, and that the same are
hereby allowed in the amount of $4,927,618.11.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 23'h day of May, 2006.
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC
Citry 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
Resolution No. 06-_ was duly and regularly adopted by the City Council of the City ofTemecula
at a meeting thereof, held on the 23th day of May, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, MMC
City Clerk
05/04/2006 TOTAL CHECK RUN
05/11/2006 TOTAL CHECK RUN
05/04/2006 TOTAL PAYROLL RUN
CITY OF TEMECULA
LIST OF DEMANDS
$ 2,052,018.94
2,466,29801
409,301.16
$ 4,927,618.11
TOTAL LIST OF DEMANDS FOR OS/23/06 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS
001 GENERAL FUND $ 3,021,561.55
165 RDALOWiMOD - 20% SET ASIDE 33,058.36
190 TEMECULA COMMUNITY SERVICES DISTRJCT 160,370.84
192 TCSD SERVICE LEVEL B 114.91
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 14,519.24
194 TCSD SERVICE LEVEL D 703.55
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,939.46
210 CAPIT AL IMPROVEMENT PROJECTS FUND 424,271.18
280 REDEVELOPMENT AGENCY - CIP PROJECT 792,760.54
300 INSURANCE FUND 13,407.30
320 INFORMATION SYSTEMS 32,923.34
330 SUPPORT SERVICES 3,640.46
340 FACILITIES 19,001.22
460 CFD 88-12 DEBT SERVICE FUND 45.00
$ 4,518,316.95
001 GENERAL FUND $ 282,344.42
165 RDALOWiMOD - 20% SET ASIDE 5,700.83
190 TEMECULA COMMUNITY SERVICES DISTRJCT 77,823.20
192 TCSD SERVICE LEVEL B 110.13
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,014.67
194 TCSD SERVICE LEVEL D 565.66
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 553.52
280 REDEVELOPMENT AGENCY - CIP PROJECT 2,819.51
300 INSURANCE FUND 1,173.38
320 INFORMATION SYSTEMS 22,421.52
330 SUPPORT SERVICES 3,083.09
340 FACILITIES 7,691.23
409,301.16
TOTAL BY FUND: $ 4,927,618.11
apChkLst Final Check List Page: 1
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
676 05/04/2006 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 66,149.66 66,149.66
677 05/04/2006 000444 INSTATAX (EDD) State Disability Ins Payment 18,672.75 18,672.75
678 05/04/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 74,544.83 74,544.83
679 05/04/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 22,354.08 22,354.08
SOLUTION
680 05/04/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 109,760.53 109,760.53
RETIREMENT)
681 05/04/2006 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,858.90 2,858.90
NATIONWIDE RETIREMENT
682 05/04/2006 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 8,924.03
Child Care Reimbursement Payment 0.00 8,924.03
107218 04/27/2006 000164 ESGIL CORPORATION Bldg & Safety plan check svcs 7,427.36
Credit: Ovrchged B&S plan check fees -97.26
Credit: Ovrchged B&S plan check fees -10,461.34
Bldg & Safety plan check svcs 42,064.93
Bldg & Safety plan check svcs 40,862.16 79,795.85
107219 05/04/2006 003552 AFLAC AFLAC Cancer Payment 2,390.91 2,390.91
107220 05/04/2006 004918 A W DIRECT INC Stn 84 Paramedic Medical Supplies 870.28 870.28
107221 05/04/2006 005058 ADAMS, AARON Reimb:CALED Conf:4/23-26:Palm Sprgs 166.40 166.40
107222 05/04/2006 004064 ADELPHIA 4/15-5/14 high speed internet Stn 92 107.11
4/26-5/25 high speed internet Sr Ctr 46.95 154.06
107223 05/04/2006 008552 ADKINS DESIGN CONSULTING Community Theater logo designs 1,057.18 1,057.18
107224 05/04/2006 009033 ALLEN, STEVEN L. Photography of Egg Hunt Event 230.00 230.00
107225 05/04/2006 008595 AMERICAN INTL GROUP INC Worker's Comp 04/06 36,379.00 36,379.00
107226 05/04/2006 007280 AMERICAN MEDICAL RESPONSE- AED training books & supplies:Fire 72.00 72.00
AMR
Page:1
apChkLst Final Check List Page: 2
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107227 05/04/2006 000101 APPLE ONE INC Temp help PPE 4/15 Kasparian 651.11
Temp help PPE 4/08 Shelton 184.28 835.39
107228 05/04/2006 001323 ARROWHEAD WATER INC Bottled wtr svcs @ Mntc Fac 425.13
Bottled wtr svcs @ C.Museum 64.21
Bottled wtr svcs @ City Hall 39.86
Bottled wtr svcs @ Skate Park 17.23 546.43
107229 05/04/2006 000475 B N I PUBLICATIONS INC Manual:CA Canst. Safety Orders 131.89 131.89
107230 05/04/2006 009930 BAWCOMBE, ERIN Refund: Amazing Chefs 10.00
Refund: Amazing Chefs 10.00 20.00
107231 05/04/2006 002381 BEAUDOIN, LINDA Retirement Medical Payment 650.74 650.74
107232 05/04/2006 002541 BECKER CONSTRUCTION SRVS Warner&Empire retention ponds clean-up 2,500.00 2,500.00
INC
107233 05/04/2006 009936 BELTZ, GRACE Refund: Kinder Kitchen 12.00 12.00
107234 05/04/2006 004262 BIO-TOX LABORATORIES MarlApr DUI Drug & Alcohol Screening 706.00
Mar DUI Drug & Alcohol Screening 699.41
Mar DUI Drug & Alcohol Screening 307.73 1,713.14
107235 05/04/2006 003222 BROCKMEIER, CAROL Retirement Medical Payment 650.74 650.74
107236 05/04/2006 004311 CAL CUSTOM DESIGN & Planning rolling storage units 3,615.88 3,615.88
WOODWORKS
107237 05/04/2006 003138 CAL MAT Apr 5-19 PVV patch truck materials 2,082.60 2,082.60
107238 05/04/2006 004248 CALIF DEPT OF JUSTICE- Fingerprinting 10 svcs:Police/HR 5,129.00 5,129.00
ACCTING
107239 05/04/2006 004618 CALIF NARCOTIC OFFICERS Regist:Drug Recognition Sem:6/13-15 450.00 450.00
ASSN
107240 05/04/2006 000152 CALIF PARKS & RECREATION Membership: H.Parker 019942 415.00
SOC
Membership: B. Wedeking 032249 125.00 540.00
107241 05/04/2006 003775 CHAPARRAL HIGH SCHOOL FY 05/06 Community service funding 10,000.00 10,000.00
107242 05/04/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00
Page2
apChkLst Final Check List Page: 3
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107243 05/04/2006 001264 COSTCO WHOLESALE Mall storefront grand opening supplies 300.00 300.00
107244 05/04/2006 001264 COSTCO WHOLESALE Mise office supplies:Police Mall Offices 268.71 268.71
107245 05/04/2006 003986 COZAD & FOX INC Add't Design: Pechanga Pkwy Ph II 7,360.00 7,360.00
107246 05/04/2006 006042 CREATIVE EVENT SOLUTIONS Regist:EMS Conf:5/9-12:Ellena 520.74
Regist:EMS Conf:5/9-12:Strickler 520.74
Regist:EMS Conf:5/9-12:Clary 289.00
Regist:EMS Conf:5/9-12:Genn, Bob 289.00 1,619.48
107247 05/04/2006 004123 D L PHARES & ASSOCIATES May Lease Chrgs: Police Old Town 2,402.57 2,402.57
107248 05/04/2006 009932 D. S. B. Refund: Amazing Chefs 10.00 10.00
107249 05/04/2006 003945 DIAMOND ENVIRONMENTAL portable restroom: Vail Ranch Prk 57.98
SRVCS
portable restroom: Veterans Prk 57.98
portable restroom: Riverton Prk 57.98
portable restroom: Lng Cnyn Prk 57.98 231.92
107250 05/04/2006 002701 DIVERSIFIED RISK Feb & Mar 06 special events premiums 6,749.84 6,749.84
107251 05/04/2006 000523 EASTERN MUNICIPAL WATER Sewer depst: Birdsall Sprts Prk 13,605.00 13,605.00
DIST
107252 05/04/2006 009944 ELITE FIRE PROTECTION WolfCrk Fire Stn Fire Hydrant Flow Test 200.00 200.00
107253 05/04/2006 009935 ENGLEHART, DONNA Refund: Security Depst: TCC 150.00 150.00
107254 05/04/2006 009941 EVENSON, JODI Release of Claim # 2005-497 215.00 215.00
107255 05/04/2006 001056 EXCEL LANDSCAPE Mar Idscp impr: 08415 CRC 225.46
Mar Idscp impr: 08418 Irrigation Repairs 119.64 345.10
107256 05/04/2006 009929 FAIRFIELD INN & SUITES Htl:Debt Admin Sem:5/19:VonRichter 125.40 125.40
107257 05/04/2006 000165 FEDERALEXPRESSINC 4/11-18 Express mail services 182.49 182.49
107258 05/04/2006 000206 FEDEX KINKOS INC Stationery paper/mise supplies 58.54 58.54
Page:3
apChkLst Final Check List Page: 4
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107259 05/04/2006 003347 FIRST BANKCARD CENTER
OLD TOWN DINING LLC DU Refreshments:Plng Comm Mtg 72.13
PALMONE, INC DU Palm vehicle Pwr Chrgr 24.47 96.60
107260 05/04/2006 001989 FOX NETWORK SYSTEMS INC Video Splitter: Police storefront 268.05 268.05
107261 05/04/2006 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
107262 05/04/2006 009925 G B GLOBAL Refund: BL026357 Duplicate pmt 35.00 35.00
107263 05/04/2006 004514 G T S I CORP Sprint modems upgrade:Fire Chiefs 2,476.32 2,476.32
107264 05/04/2006 009943 GALLEGOS, MARICELA Refund: Security Depst: Theater 305.00 305.00
107265 05/04/2006 009094 GLEN EAGLES CORPORATION Res Imp Prgm: Portillo, D & M 3,100.00 3,100.00
107266 05/04/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 51.55 51.55
107267 05/04/2006 006567 GOMEZ, GLORIA Refund: Amazing Chefs 10.00 10.00
107268 05/04/2006 008081 HALL & FOREMAN INC Engineering svcs:R. Vista Sidewalk 2,000.00 2,000.00
107269 05/04/2006 009950 HALL, JONATHAN Reimb:MS Mgt Svr Conf:4/17-19 153.42 153.42
107270 05/04/2006 009670 HARDCASTLE, MICHELLE Refund: Amazing Chefs 15.00 15.00
107271 05/04/2006 003895 HAROLD, MARK Reimb: Toastmaster Dues 54.00 54.00
107272 05/04/2006 001135 HEAL THPOINTE MEDICAL Mar Pre-employment physicals 25.00 25.00
GROUP INC
107273 05/04/2006 002107 HIGHMARK INC Voluntary Supp Life Insurance Payment 790.00 790.00
107274 05/04/2006 005748 HODSON, CHERYL A. Support Payment 24.55 24.55
107275 05/04/2006 000963 HOGAN, DAVID Retirement Medical Payment 650.74 650.74
Page:4
apChkLst Final Check List Page: 5
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107276 05/04/2006 009850 HONG, MI KYUNG Refund: Kinder Kitchen 4.00 4.00
107277 05/04/2006 009934 HUNZICKER, TOM Refund: Security Depst: CRC 150.00 150.00
107278 05/04/2006 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,346.04 11,346.04
303355
107279 05/04/2006 008939 INTELLIGENT TECHNOLOGIES & UPS and AC Prevo Mntc Contract 3,822.00 3,822.00
SRV
107280 05/04/2006 001407 INTER VALLEY POOL SUPPLY Apr 6-18 Pool sanitizing chemicals 1,008.83
INC
Pool sanitizing chemicals 409.99
Pool sanitizing chemicals 127.31 1,546.13
107281 05/04/2006 003046 K FRO G 95.1 FM RADIO Radio ads: Painted Parasol Festival 826.00 826.00
107282 05/04/2006 009933 KENNEDY, JAMES Refund: Amazing Chefs 15.00 15.00
107283 05/04/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 4/23 Bagdasarian 143.55 143.55
107284 05/04/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 77.00 77.00
107285 05/04/2006 009931 LECLAIR, PATRICIA Refund: Amazing Chefs 15.00 15.00
107286 05/04/2006 008383 L1M & NASCIMENTO Mar engineer svcs:Margarita Udrcrssg 5,844.31 5,844.31
ENGINEERING
107287 05/04/2006 009875 LOS FABULOCOS Musical Periormance:5/6:TCC 1,500.00 1,500.00
107288 05/04/2006 004068 MANALlLI, AILEEN TCSD Instructor Eamings 70.00
TCSD Instructor Eamings 22.75
TCSD Instructor Eamings 21.00
TCSD Instructor Eamings 21.00
TCSD Instructor Eamings 10.50 145.25
107289 05/04/2006 001967 MANPOWER TEMPORARY temp help w/e 04/23 JD/JH/DH 3,149.72 3,149.72
SERVICES
107290 05/04/2006 004929 MARK FISHER COMPANY, THE BalloonNVine Festival ad dsgn 624.00 624.00
107291 05/04/2006 006571 MELODY'S AD WORKS marketing/promo svcs: Western Days 2,000.00 2,000.00
PageS
apChkLst Final Check List Page: 6
05/04/2006 10:21:52AM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107292 05/04/2006 003076 MET LIFE INSURANCE COMPANY Met Life Dental Insurance Payment 8,046.54 8,046.54
107293 05/04/2006 007210 MIDORI GARDENS irrigation repairs: Vail Ranch Park 3/8 189.38
irrigation repairs: Nada Lane 3/31 131.30
irrigation repairs: Nada Lane 2128 64.12 384.80
107294 05/04/2006 007669 MilES, KATRINA TCSD Instructor Eamings 192.50 192.50
107295 05/04/2006 001986 MUZAK-SOUTHERN CALIFORNIA May "on-hold" phone music:City Hall 124.41 124.41
107296 05/04/2006 009945 NORTON, V.l. refund:sec. depositfTCC 150.00 150.00
107297 05/04/2006 002292 OASIS VENDING Apr coffee/kitchen supplies:City Hall 470.19
Apr coffee/kitchen supplies:Mntc Fac 193.91 664.10
107298 05/04/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies: Police Old Town Stn 138.22 138.22
DIV
107299 05/04/2006 006721 OFFICEMAX - A BOISE COMPANY footrest for Finance workstation 69.98
office supplies: Finance 62.00
credit: item retumed/Finance -9.51 122.47
107300 05/04/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVcs 374.21
City Vehicle Repair/Maint SVcs 342.Q2
City Vehicle Repair/Maint SVcs 184.27
City Vehicle Repair/Maint SVcs 116.66
City Vehicle Repair/Maint SVcs 15.00 1,032.16
107301 05/04/2006 009694 ONSTAGE MUSICALS Torch Songs/Jazz theater settlement 5/5 5,000.00 5,000.00
107302 05/04/2006 009942 OWENS, DIANE release claims agreement pmt 3,000.00 3,000.00
107303 05/04/2006 002256 P & D CONSULTANTS INC Mar temp svcs: Henderson 14,547.24 14,547.24
107304 05/04/2006 003955 PANE CONSULTING SERVICE 2,500 Badge Pins: T. Museum 1,222.98 1,222.98
(PCS)
107305 05/04/2006 003218 PElA Mar Idscp inspection:P.B. Sprts Cmplx 1,665.50
Apr Idscp inspection:P.B. Sprts Cmplx 247.50 1,913.00
107306 05/04/2006 001958 PERS lONG TERM CARE PERS Long Term Care Payment 288.55 288.55
PROGRAM
Page:6
apChkLst Final Check List Page: 7
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107307 05/04/2006 009796 PERVO PAINT COMPANY PVV street stenciling paint/supplies 9,750.95 9,750.95
107308 05/04/2006 000249 PETTY CASH Petty Cash Reimbursement 494.03 494.03
107309 05/04/2006 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 515.15 515.15
107310 05/04/2006 007056 PREMIERE PACKAGING paper supplies: Central Services 1,289.77 1,289.77
INDUSTRIES
107311 05/04/2006 003493 PRO-CRAFT Res ImplY Prgm: DiBernardo, Mario 6,483.00
Res ImplY Prgm: O'Neil, Ruth 2,436.00 8,919.00
107312 05/04/2006 008856 PROFIT SYSTEMS, INC. 6/06-6/07 renew Event Pro Software 530.00 530.00
107313 05/04/2006 006613 PROJECT MANAGEMENT renew mbrshp #96555: Amer Attar 119.00 119.00
INSTITUTE
107314 05/04/2006 005075 PRUDENTIAL OVERALL SUPPLY Mar unifonn/f1r mt/twl rental:City Fac's 1,383.31
credit: chrgs not per agreement -12.31 1,371.00
107315 05/04/2006 004029 R J M DESIGN GROUP INC Feb dsgn svcs: P.B.Sprts Cmplx 224.76 224.76
107316 05/04/2006 000728 RAMSEY BACKFLOW & backflow repairs:Medians 25.00 25.00
PLUMBING
107317 05/04/2006 002072 RANCHO CALIF WATER DIST- fire hydrant flow line inspect:W.Crk Stn 200.00 200.00
FEES
107318 05/04/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 1,014.22
Apr 01-08-38009-0 Fire Stn 92 50.82 1,065.04
107319 05/04/2006 003591 RENES COMMERCIAL Citywide Channels weed control svcs 10,900.00
MANAGEMENT
Citywide debris pick-up in R-O-W's 4,000.00 14,900.00
107320 05/04/2006 002110 RENTAL SERVICE equipment rental:PVV Maint 45.68
CORPORATION
equipment rental:PVV Maint 13.42 59.10
107321 05/04/2006 006607 RICHMOND AMERICAN HOMES refund:o.t. inspection/Avondale Dev. 8,576.00 8,576.00
107322 05/04/2006 000353 RIVERSIDE CO AUDITOR FY 05/06 RDA ERAF Payment 745,277.23 745,277.23
107323 05/04/2006 000418 RIVERSIDE CO CLERK & Ntc of Exemption:R.V. Sidewalk P~t 64.00 64.00
RECORDER
Page:?
apChkLst Final Check List Page: 8
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107324 05/04/2006 000418 RIVERSIDE CO CLERK & Res Imp Prgm:Termination Spera 11.00 11.00
RECORDER
107325 05/04/2006 000418 RIVERSIDE CO CLERK & Res Imp Prgm:Termination Menchaca 11.00 11.00
RECORDER
107326 05/04/2006 000267 RIVERSIDE CO FIRE Oct-Dec '05:fire services 507,671.77 507,671.77
DEPARTMENT
107327 05/04/2006 001592 RIVERSIDE CO INFO Mar radio rental/maint: Police 963.90 963.90
TECHNOLOGY
107328 05/04/2006 000406 RIVERSIDE CO SHERIFFS DEPT March 2006 Booking Fees 14,683.20 14,683.20
107329 05/04/2006 005119 ROCKHURST UNIV CONTINUING "Motivate a Team" sem:CKlHL 5/22 398.00 398.00
EDUC
107330 05/04/2006 009834 RODECKER, DENISE Support Payment 280.00 280.00
107331 05/04/2006 009949 ROMERO GENERAL refund:bids/specs-R.C.Rd median 35.00 35.00
CONSTRUCTION
107332 05/04/2006 001048 ROSAS CANTINA RESTAURANT refreshments: Cinco de May 2006 215.50 215.50
107333 05/04/2006 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 967.98 967.98
107334 05/04/2006 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50
107335 05/04/2006 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00
107336 05/04/2006 009100 SAN DIEGO GUILD "Parade To Go":Cinco de Mayo festivities 500.00 500.00
107337 05/04/2006 006815 SAN DIEGO, COUNTY OF Support Payment Acc # 581095025 12.50 12.50
107338 05/04/2006 009946 SCHWARTZ, JOANNE refund:3 sessions/Kinder Kitchen 12.00 12.00
107339 05/04/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt LOFile #2006034943=$501.32 651.32 651.32
107340 05/04/2006 004814 SIMON WONG ENGINEERING INC Mar dsgn svcs:Main St Bridge 736.45 736.45
Page:8
apChkLst Final Check List Page: 9
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107341 05/04/2006 000645 SMART & FINAL INC recreation supplies: MPSC 286.88
rec supplies: Family Fun Nights 76.28 363.16
107342 05/04/2006 000537 SO CALIF EDISON Apr 2-00-397-5042 City Hall 6,408.33
Apr 2-02-351-4946 MPSC 1,054.48
Apr 2-27-615-1750 Fire Stn 73 705.89
Apr 2-18-937-3152 T. Museum 703.85
Apr 2-22-891-0550 various mtrs 335.43
Apr 2-11-007-0455 6th St 274.92
Apr 2-20-817-9929 Police OT Stn 193.01
Apr 2-21-911-7892 S.Side Prk Lot 122.68
Apr 2-27-287-5527 various mtrs 100.33
Apr 2-19-171-8568 Wedding Chpl 61.32
Apr 2-21-981-4720 Hwy 79 56.72
Apr 2-14-204-1615 Front St Rdio 37.27
Apr 2-27-371-8494 offsite Rcrds Mgmt 19.23 10,073.46
107343 05/04/2006 000926 SO CALIF EDISON install electr svcs:79S medians 2,921.90 2,921.90
107344 05/04/2006 001212 SO CALIF GAS COMPANY Apr City Facilities gas meters 5,750.99
Apr 101-525-1560-6 Fire Stn 73 294.91
Apr 095-167-7907-2 Fire Stn 84 240.49 6,286.39
107345 05/04/2006 005610 ST NICHOLAS GREEK refund :sec.depositfTCC 150.00 150.00
ORTHODOX
107346 05/04/2006 000293 STADIUM PIZZA refreshments:TCSD prjt review mtg 4/24 113.28 113.28
107347 05/04/2006 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2,651.25 2,651.25
107348 05/04/2006 008337 STAPLES BUSINESS office supplies: T. Museum 83.88 83.88
ADVANTAGE
107349 05/04/2006 003000 STATE WATER RESOURCES stann water pennit:Field Ops Ctr 264.00 264.00
107350 05/04/2006 009947 STRATTON, KRISTINA refund: 3 sessions/Kinder Kitchen 12.00 12.00
107351 05/04/2006 002651 SUN BADGE COMPANY new hire Code Enf Officer badge 81.08 81.08
107352 05/04/2006 000305 TARGET BANK BUS CARD SRVCS rec supplies: Family Fun Nights 99.03 99.03
107353 05/04/2006 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,570.00 4,570.00
Page:9
apChkLst Final Check List Page: 10
05/04/2006 10:21:52AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107354 05/04/2006 009500 TEMEC ELECTRONICS, INC traf sgnl testing equip: PVV Traffic 10,224.44 10,224.44
107355 05/04/2006 006465 TEMECULA AUTO REPAIR City vehicle maint svcs: Fire Prev 770.76
City vehicle maint svcs: Fire Prev 627.97
City vehicle maint svcs: Code Enf 302.90
City vehicle maint svcs: Fire Prev 254.09 1,955.72
107356 05/04/2006 006914 TEMECULA COPIERS INC. fax cartridge: Central Services 128.22 128.22
107357 05/04/2006 001035 TEMECULA ENVIRONMENTAL trash containers/pick up:Bluegrass Fest. 187.71 187.71
107358 05/04/2006 009948 TEMECULA PERFORMING ARTS refund :sec.depositlCRC 150.00 150.00
CO
107359 05/04/2006 000307 TEMECULA TROPHY COMPANY proclamations certificate holders:C.C. 571.61
recogn award: M. Ching 61.63 633.24
107360 05/04/2006 004118 TEMECULA VALLEY FY 05/06 Community Svc Funding 1,500.00 1,500.00
GENEALOGICAL
107361 05/04/2006 000311 TEMECULA VALLEY HIGH jazz periormance:Painted Parasol 4/22 150.00 150.00
SCHOOL
107362 05/04/2006 000668 TIMMY D PRODUCTIONS INC OJ for 2006 Spring Egg Hunt 4/15 800.00
OJ for middle school dance@ CRC 4/7 450.00
OJ for middle school dance@ CRC 2/14 350.00 1,600.00
107363 05/04/2006 005937 TOMCZAK, MARIA T. TCSD Instructor Eamings 119.00 119.00
107364 05/04/2006 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Eamings 341.60
INC
TCSD Instructor Eamings 256.20
TCSD Instructor Eamings 165.20
TCSD Instructor Eamings 82.60 845.60
107365 05/04/2006 000325 UNITED WAY United Way Charities Payment 222.15 222.15
107366 05/04/2006 004819 UNUM LIFE INS. CO. OF AMERICA LongTenn Disability Payment 7,848.04 7,848.04
107367 05/04/2006 004261 VERIZON Apr xxx-5696 Sports Complex 199.82
Apr xxx-2016 reverse 911 108.89
Apr xxx-9897 general usage 90.19
Apr xxx-3526 fire alarm 85.63
Apr xxx-7786 C. Washington 50.71
Apr xxx-2676 general usage 28.53 563.77
Page:10
apChkLst
05/04/2006
Final Check List
CITY OF TEMECULA
10:21:52AM
12
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
107368 05/04/2006 004789 VERIZON ONLINE
Internet svcslxx2527:PD DSL
42.70
42.70
Internet svcslxx9549:Police Storefront
107369 05/04/2006 009663 VERNON LIBRARY SUPPLIES INC 1st installmentlRFID system:Library
107370 05/04/2006 008445 WALT ALLEN ARCHITECT E.S.G. exhibit expansion @T.Mus.
credit: deposit paid on inV# 1409
107371 05/04/2006 003730 WEST COAST ARBORISTS INC tree trimming svcs:Solana Way
tree trimmings/removals:Veterans Prk
107372 05/04/2006 000339 WEST PUBLISHING CORP Mar-Apr City judicial updates
107373 05/04/2006 000341 WILLDAN ASSOCIATES INC Mar plan check svcs: Fire Prey
94,330.25
2,385.58
-500.00
6,420.00
3,982.50
440.32
4,841.90
Grand total for UNION BANK OF CALIFORNIA:
Page: 11
85.40
94,330.25
1,885.58
10,402.50
440.32
4,841.90
2,052,018.94
Page:11
apChkLst Final Check List Page: 1
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
107374 05/11/2006 004765 ACTIVE NETWORK INC, THE Refund:Nika Wolfe: Girl Wrkshp 126.50 126.50
107375 05/11/2006 004064 ADELPHIA 5/10-6/9 high speed intemet svcs 144.16
May high speed internet svcs CW 55.95
5/2-6/1 high speed internet svcs TT 46.95 247.06
107376 05/11/2006 000106 ALFAX WHOLESALE FURNITURE Double-hinged Folding Chairs:MPSC 802.75 802.75
107377 05/11/2006 006915 ALLIE'S PARTY EQUIPMENT Theater Event: Equip Rental 381.90 381.90
107378 05/11/2006 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 144.00 144.00
107379 05/11/2006 008279 AMERICOMP INFOSYSTEMS INC Computer supplies: APC Smartups 522.59
Computer supplies:Chatsworth Shelfs 247.83 770.42
107380 05/11/2006 003865 ANDYS GLASS Res Imp Prgm: Ritter, Sherrie 1,866.88 1,866.88
107381 05/11/2006 000101 APPLE ONE INC Temp help PPE 4/22 Kasparian 655.20
Temp help PPE 4/22 Palpallatoc 218.40 873.60
107382 05/11/2006 001323 ARROWHEAD WATER INC Bottled wtr svcs @ City Hall 673.27 673.27
107383 05/11/2006 003203 ARTISTIC EMBROIDERY Ball caps w/Hot Air Balloon logo:Eco. 923.20 923.20
107384 05/11/2006 007513 ATTAR, AMER Reimb: Cell phone Case/Cable/Adapter 57.80 57.80
107385 05/11/2006 002713 BALLOONS GALORE Special event supplies: Egg Hunt 457.94 457.94
107386 05/11/2006 009875 BARRIOS, JAMES Musical Periormance:5/6:TCC 1,500.00 1,500.00
107387 05/11/2006 009875 BARRIOS, JAMES Cinco de Mayo sound system set-up 100.00 100.00
107388 05/11/2006 003466 BASKET & BALLOONS TOO! Gift Baskets for MSA Mtg: Eco Devel 393.29 393.29
107389 05/11/2006 002541 BECKER CONSTRUCTION SRVS Vallejo Channel retention basins repairs 14,500.00
INC
J.Smith Inlet retention basins repairs 6,500.00
Santiago @ Ynez Rd retention basins 2,800.00 23,800.00
107390 05/11/2006 009956 BERQUIST, GRANT Refund: Cite 41815 Dismissal 325.00 325.00
Page:1
apChkLst Final Check List Page: 2
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107391 05/11/2006 004040 BIG FOOT GRAPHICS TCSD instructor earnings 350.00 350.00
107392 05/11/2006 004262 BIO-TOX LABORATORIES Mar DUI Drug & Alcohol Screening 34.23 34.23
107393 05/11/2006 004829 BOB WILSON INC May State lobbyist svcs 3,500.00 3,500.00
107394 05/11/2006 008013 BOSTRE-LE, ANNIE Refund: Picnic Shelter-Temeku Hills 48.00 48.00
107395 05/11/2006 000128 BROWN & BROWN OF CALIF INC Insurance policy 73539873 Auto 1,191.00 1,191.00
107396 05/11/2006 009544 BRSC, LLC Refund: Depst for Ldscp bonds 79,478.50 79,478.50
107397 05/11/2006 005142 BUCKLEY, TIMOTHY Reimb:Fire Rescue Conf:4/23-26/06 327.46 327.46
107398 05/11/2006 006908 C C & COMPANY INC depst:06 Concert Series perionnances 500.00 500.00
107399 05/11/2006 000647 CALIF DEPT OF CONSUMER CPA license renewal:Roberts:58537 200.00 200.00
AFFAIRS
107400 05/11/2006 000647 CALIF DEPT OF CONSUMER License renewal:M.DeLaTorre 48213 125.00 125.00
AFFAIRS
107401 05/11/2006 005660 CALIF EMS AUTHORITY License renewal:R.Nugent P03397 130.00 130.00
107402 05/11/2006 000152 CALIF PARKS & RECREATION Membership:C.McCarthy 004842 125.00 125.00
SOC
107403 05/11/2006 004228 CAMERON WELDING SUPPLY Helium tanks refill/rental:TCC 38.40 38.40
107404 05/11/2006 009815 CARD QUEST INC Computer supplies:40o- ISO Prox II 1,512.33 1,512.33
107405 05/11/2006 000131 CARL WARREN & COMPANY INC Aug 05-Mar 06 Claim adjuster svcs 139.20 139.20
107406 05/11/2006 002266 CARRIAGE MOTORS COMPANY Install fuel pump:GMC van 97-032 975.48 975.48
107407 05/11/2006 009539 CHARLES ABBOTT ASSOCIATES Mar Fire Prevo Plan Check svcs 10,678.20 10,678.20
INC
Page2
apChklst Final Check List Page: 3
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107408 05/11/2006 003021 CINGULAR WIRELESS 4/11-16 Ericsson Data Cards 86.19 86.19
107409 05/11/2006 001193 COMP U SA INC Computer Supplies: DVD/USB 357.59 357.59
107410 05/11/2006 009735 CONSTRUCTION PROTECTIVE Mar Security Officer:Wlf Crk Sprts Cmplx 1,496.00 1,496.00
SERVIC
107411 05/11/2006 005001 CYSTIC FIBROSIS FOUNDATION Refund: Picnic Shelter-Reagan Prk 114.00 114.00
107412 05/11/2006 003272 DAISYWHEEL RIBBON Plotter Ribbon & Ink:GIS Division 289.78 289.78
COMPANY INC
107413 05/11/2006 001393 DATA TICKET INC Mar parking citation processing svcs 966.94 966.94
107414 05/11/2006 002990 DAVID TURCH & ASSOCIATES Apr/May Federal lobbyist svcs 6,700.00 6,700.00
107415 05/11/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,606.53
INC
Fuel for City vehicles:PW Mntc 1,072.59
Fuel for City vehicles: land Devel 619.88
Fuel for City vehicles: Code/Plan/Police 475.48
Fuel for City vehicles: Bldg & Safety 393.19
Fuel for City vehicles: Code Enforce 111.47
Fuel for City vehicles: City VanfTrlbzr 89.98
Fuel for City vehicles: CIP PW 68.10 4,437.22
107416 05/11/2006 007495 EARTH RESOURCE MAPPING INC ER Mapper Software Mntc 1,199.76 1,199.76
107417 05/11/2006 007364 EMED COMPANY INC Changeable frames: TCSD Facilities 977.21 977.21
107418 05/11/2006 005115 ENTERPRISE RENT A CAR INC 4/21-24 Van Rental For Mpsc 283.44
Fire Prevteambldg van rental 4/6/06 136.65 420.09
107419 05/11/2006 009960 EUBANK, BRET Refund: Permit fees - Square Ft chg 271.11 271.11
107420 05/11/2006 009535 EUROPEAN DELI Refreshments:5/5 Theater Event 2,053.98 2,053.98
107421 05/11/2006 001056 EXCEL LANDSCAPE Apr Idscp impr: Rancho Vista 231.49 231.49
107422 05/11/2006 000478 FAST SIGNS Vehicle lettering: TCSD 26.94 26.94
Page:3
apChkLst Final Check List Page: 4
05/11/2006 10:51:20AM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107423 05/11/2006 000165 FEDERAlEXPRESSINC 4/20-25 Express mail services 106.41 106.41
107424 05/11/2006 000206 FEDEX KINKOS INC Stationery paper/misc supplies 34.75 34.75
107425 05/11/2006 003347 FIRST BANKCARD CENTER
009940 UNITED TECHNOLOGY HP Police Sub-stn:Pwr injector 790.24
WAREHOUSE
009968 lA QUINTA CLlFFHOUSE GY Meal: Executive staff retreat 779.36
007028 AMERICAN AIRLINES JC Airfare:NLC Comm/Eco Dev:5/1B-21 505.20
000198 INTl COUNCil ON SHOPPING JC Regist/Mb:ICC Sprg Conf:5/21-24 395.00
004173 MONSTERTRAK GY Internet job listings:Aquatics 395.00
007028 AMERICAN AIRLINES RR Airfare: APTA Conf: 6/10-14/06 392.70
000845 NATIONAL lEAGUE OF CITIES JC Regist:NLC Ann'l Cf:12/5-9 365.00
007287 UNITED AIRLINES GR Airfare:CMTA Conf:Grance 351.71
000198 INTl COUNCil ON SHOPPING GT Regist:ICC Sprg Conf:5/21-24 345.00
007044 CLAIM JUMPER RESTAURANT GT Refreshments: Interview Panel 180.47
001256 MARRIOTT HOTEL GT Htl:Planner's Institute:Hazen 3/22-23 176.09
007594 EXPEDIA.COM GR AirfarelCar:CMTA Conf:Grance 167.12
006937 SOUTHWEST AIRLINES GR Airfare:Debt Sem:Von Richter 167.10
006714 SHERATON HOTEL RR Htl:SCAG Mtg:4/06/06 149.40
007216 TEMECULA FISH HOUSE, INC HP Refreshments: Interview Panel 86.87
003296 INTl CODE COUNCil AE: BSW Campaign Kit 77.53
006937 SOUTHWEST AIRLINES JC Airfare:ICC Sprg Conf:5/21-24 69.30
001171 ORIENTAL TRADING COMPANY AE Team Bldg Supplies 64.04
INC
009967 PESTWEST USA llC HP Recycle lamps storage boxes 64.00
000747 AMERICAN PLANNING GT Publication:Cost of Free Prkg 62.95
ASSOCIATION
007517 PECHANGA RESORT & CASINO GY Refreshments: State of the City 45.48
000854 URBAN lAND INSTITUTE GT Regist:ULI council Mtg:3/B/06 45.00
009407 YAHOO! TRAVEL JC Travel agency svcs fees 5.00
009780 l R KWEST INC GY Refreshments: Exec. Staff Retreat 4.26
000871 HilTON GT Credit:Ovrchg for Room 2/15-17 -283.53 5,400.29
Page:4
apChkLst Final Check List Page: 5
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107426 05/11/2006 003946 G T ENTERTAINMENT OJ Svc: '06 Cinco de May Fiesta 150.00 150.00
107427 05/11/2006 007279 GAIL MATERIALS INC Reagan Sprt Prk:Pro Gold infield mix 2,502.11 2,502.11
107428 05/11/2006 005405 GILLILAND, ROBIN Reimb:C.Museum Conf:4/23-26/06 1,169.85 1,169.85
107429 05/11/2006 009094 GLEN EAGLES CORPORATION Res Imp Prgm: Lillie, J & C 3,400.00 3,400.00
107430 05/11/2006 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Planning 795.Q2
INC
Office supplies/2-pedestal file:Finance 735.37
Office Supplies/Cabinets:CIP/PW 732.41
Office Supplies: MPSC 684.72
Office Supplies: Bldg & Safety 377.98
Office Supplies: TCC 311.71
Office Supplies: Info Sys/GIS 247.89
Office supplies: City Council/CM 95.09
OFFICE SUPPLIES: HR 93.48
Office Supplies: RDA-Low/Mod 89.36
Office Supplies: Central SVcs 53.78
Office supplies: Records Mgmt 43.55
Office Supplies: City Clerk 15.52 4,275.88
107431 05/11/2006 009826 GOODWIN & BRYAN LLP Earthlink paid settlement acct 13622025 65.85 65.85
107432 05/11/2006 009660 GRADE PROS INC. Apr prgss:Pauba Rd lmpr Phase II 178,510.05 178,510.05
107433 05/11/2006 002174 GROUP 1 PRODUCTIONS 15-DVD Duplication of Tourism Video 75.00 75.00
107434 05/11/2006 000186 HANKS HARDWARE INC Hardware supplies: Theater 713.01
Hardware supplies:Parks/Old Twn 688.61
Hardware Supplies:C. Museum 224.01
Hardware Supplies: TrfflMntc 195.37
Hardware Supplies:Trff/Mntc 168.25
Hardware Supplies:Fire Dept 145.25
Hardware Supplies: Crc 119.39
Hardware Supplies: City Hall 86.67
Hardware Supplies:Pw Old Town 47.40
Hardware Supplies: Aquatics 30.38
Hardware Supplies: Code Enforce 16.15
Hardware Supplies: Tee 10.55
Hardware Supplies: T.Museum 6.43 2,451.47
PageS
apChkLst Final Check List Page: 6
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107435 05/11/2006 004811 HEWLETT PACKARD 2-HP dsktp computers/6540 printers 2,897.24 2,897.24
107436 05/11/2006 003198 HOME DEPOT, THE Hardware supplies: TCSO 84.05
Hardware supplies: TCSO 46.06
Hardware supplies: TCSO 29.99
Hardware supplies: TCSO 29.46
Hardware supplies: TCSO 18.83 208.39
107437 05/11/2006 005583 HUGHES, WILLIAM Reimb: License fee:CA Prof Engineer 125.00 125.00
107438 05/11/2006 006113 INTL ASSN OF FIRE CHIEFS- IAFC Membership: H. Windsor 61519 290.00 290.00
107439 05/11/2006 009393 J M DIAZ INC Mar design svcs: R.Calif Rd Median 4,485.00
Mar Pechanga Pkwy trffc signal design 2,662.80 7,147.80
107440 05/11/2006 007241 JAEGER CORPORATION LOS deposit agreement w/city 39,000.00 39,000.00
107441 05/11/2006 004603 JOHNSON LIFT / HYSTER CRC Generator Prey. Mntc Level-2 443.53
Fire stn 84 Generator Prey. Mntc Level-2 440.17
City Hall Generator Prey. Mntc Level-2 423.10 1,306.80
107442 05/11/2006 009817 KACHOEFF, GREGORY Theater Performance:Buddy Zapata 1,200.00 1,200.00
107443 05/11/2006 002424 KELLEY DISPLAY INC RWB banners care svcs:Eco Oevel 432.29
RWB banners care svcs:ROA 208.63 640.92
107444 05/11/2006 001091 KEYSER MARSTON ASSOCIATES Apr affordable housing svcs 5,400.63 5,400.63
INC
107445 05/11/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 4/23 Wedeking 406.00
Temp help PPE 4/30 Bagdasarian 127.60
Temp help PPE 4/23 Hussar 63.80
Temp help PPE 4/23 Mason 63.80 661.20
107446 05/11/2006 009939 KNITTERS PARTNERSHIP, THE 5/26 Theater performance w/lodging 6,900.00 6,900.00
107447 05/11/2006 001282 KNORR SYSTEMS INC Pool Mntc supplies:Gasket 128.75 128.75
107448 05/11/2006 009966 KONIG, HOLLY Refund: Picnic Shelter-Harveston Prk 55.00 55.00
107449 05/11/2006 000209 L & M FERTILIZER INC Repair Tempest Blower: Fire Stn 84 94.69
Fire Oept: Blade Sharpen 7.50 102.19
Page:6
apChkLst Final Check List Page: 7
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107450 05/11/2006 001085 L N CURTIS & SONS Low pressure air bags: Stn 73 truck 16,145.26 16,145.26
107451 05/11/2006 001719 L P A INC Feb Library Donor Related Issues 26,894.75
Mar Library Donor Related Issues 485.00 27,379.75
107452 05/11/2006 000945 L P S COMPUTER SERVICE Printer repair: OJ 5500 265.00 265.00
GROUP
107453 05/11/2006 007305 LACKEY, BILL Fac Impr Prgm: Welty Bldg-Foundation 15,000.00 15,000.00
107454 05/11/2006 007305 LACKEY, BILL Fac Impr Prgm: Welty Bldg-Exterior 11,249.50 11,249.50
107455 05/11/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 227.21
TCSD instructor earnings 208.25
TCSD instructor earnings 189.00 624.46
107456 05/11/2006 003286 LIBRARY SYSTEMS & SERVICES Apr svcs-library system agrmnt 12,118.51
Apr svcs-library system agrmnt 1,096.79 13,215.30
107457 05/11/2006 003726 LIFE ASSIST INC Apr Paramedic Medical Supplies 5,960.39 5,960.39
107458 05/11/2006 009521 LIONEL'S VINYL'S Remove/install Police City logo on door 263.45 263.45
107459 05/11/2006 002634 L1TELlNES INC Duck Pond: 2 - Prkg Light Poles 996.69 996.69
107460 05/11/2006 000996 LOCAL GOVERNMENT Publication:CA Land Use 2d/Planning 119.56 119.56
PUBLICATIONS
107461 05/11/2006 003028 LOS ANGELES TIMES Recruitment ads:Planner/Patron 300.00 300.00
107462 05/11/2006 003782 MAIN STREET SIGNS misc signslhardware/supplies:P\N 416.99 416.99
107463 05/11/2006 004141 MAINTEX INC custodial supplies: Maint Fac 210.39
custodial supplies: MPSC 184.17
custodial supplies: CRC 159.36
custodial supplies: Maint Fac 102.47
custodial supplies: CRC 68.90
custodial supplies: Theater 29.58 754.87
Page:?
apChkLst Final Check List Page: 8
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107464 05/11/2006 004068 MANALlLI, AILEEN TCSD Instructor Eamings 217.00
TCSD Instructor Eamings 178.50
TCSD Instructor Eamings 145.25
TCSD Instructor Eamings 122.50
TCSD Instructor Eamings 71.75
TCSD Instructor Eamings 31.50 766.50
107465 05/11/2006 000217 MARGARITA OFFICIALS ASSN Apr TCSD softball league officiating 3,060.00 3,060.00
107466 05/11/2006 009961 MARTINEZ, ALEXANDRA refund: Belly Dance-Beginning 85.00 85.00
107467 05/11/2006 006571 MELODY'S AD WORKS reimb. exp: Western Days 137.00
reimb. exp:Bluegrass/Street Painting 28.86 165.86
107468 05/11/2006 001384 MINUTEMAN PRESS qty 3000 envelopes: Code Enf. 210.22
business cards: K.Noland/K.Le Comte 86.74 296.96
107469 05/11/2006 004534 MOBILE SATELLITE VENTURES May EOC Stn Satellite Phone Svcs 72.02 72.02
LP
107470 05/11/2006 001986 MUZAK-SOUTHERN CALIFORNIA May music broadcast:Old Town 69.11 69.11
107471 05/11/2006 006087 NATURE WATCH Summer Camp Supplies:T. Museum 97.64 97.64
107472 05/11/2006 000233 NELSON, SHAWN reimb: Apr internet svcs 49.95 49.95
107473 05/11/2006 002037 NEXUS INTEGRATION SERVICES Cabling Svcs: Police Mall stn 6,517.01 6,517.01
107474 05/11/2006 009963 NIMROD, ALLEN Refund: Cite 49529 Overpayment 760.00 760.00
107475 05/11/2006 002898 NIXON EGLI EQUIPMENT PVV asphalt patch truck equip repairs 9,499.99 9,499.99
COMPANY
107476 05/11/2006 009337 NOLTE ASSOCIATES INC 3/17-4/13 dsgn svcs:Ped/Bike Bridge 5,338.36
3/17-4/13 dsgn svcs:Bridge Fencing p~t 12.81 5,351.17
107477 05/11/2006 002139 NORTH COUNTY TIMES Apr recruitment ads:PWfTCSD/Pln 1,032.73
Apr Egg Hunt/FIT Prgm ads:TCSD 591.26 1,623.99
107478 05/11/2006 009570 o C B REPROGRAPHICS Dup. Blueprints: Field Oper. Ctr 516.62
dup. blueprints:Tem.Education Ctr 10.09 526.71
107479 05/11/2006 006721 OFFICEMAX - A BOISE COMPANY Office Supplies: Finance 236.58 236.58
Page:8
apChkLst Final Check List Page: 9
05/11/2006 10:51:20AM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107480 05/11/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVcs 1,110.86
City Vehicle Repair/Maint SVcs 569.72
City Vehicle Repair/Maint SVcs 331.93
City Vehicle Repair/Maint SVcs 222.17
City Vehicle Repair/Maint SVcs 34.27 2,268.95
107481 05/11/2006 002800 PACIFIC STRIPING INC Citywide re-striping services 89,293.02 89,293.02
107482 05/11/2006 004074 PARTY CITY OF TEMECULA INC Recreation Supplies: MPSC 76.57 76.57
107483 05/11/2006 002099 PASCOE MANAGEMENT llP Mar-May Old Town restroom rental 2,478.00 2,478.00
107484 05/11/2006 002331 PEP BOYS INC equip parts/supplies:PVV Maint 443.76 443.76
107485 05/11/2006 000249 PETTY CASH Petty Cash Reimbursement 572.04 572.04
107486 05/11/2006 003831 PHilLIPS COMPANY, THE purchase AEDs: Paramedics 2,052.86 2,052.86
107487 05/11/2006 003493 PRO-CRAFT Res Imp Prgm: Falzon, John & Cynthia 1,625.00 1,625.00
107488 05/11/2006 003697 PROJECT DESIGN 216-3/5/06 SVcs:Sr79 Medians 62,633.91
CONSULTANTS
credit:exceeds contract amount -19,291.76 43,342.15
107489 05/11/2006 004529 QUAID TEMECUlA HARlEY- Apr motorcycle maint svcs:Police 3,930.57 3,930.57
DAVIDSON
107490 05/11/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 5,312.56
Various Water Meters 612.53
Various Water Meters 215.37
Apr 01-05-11040-1 Field Oper Ctr 71.27
Various Water Meters 67.74 6,279.47
107491 05/11/2006 009951 RANDEL BERG PHOTOGRAPHY photography svcs:High Hopes 2118/06 549.52 549.52
107492 05/11/2006 002110 RENTAL SERVICE equip rental for PVV Maint 20.56 20.56
CORPORATION
107493 05/11/2006 002412 RICHARDS WATSON & GERSHON Mar 2006 legal services 107,341.61 107,341.61
107494 05/11/2006 000352 RIVERSIDE CO ASSESSOR May assessors maps: Build & Safety 18.00 18.00
Page:9
apChkLst Final Check List Page: 10
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107495 05/11/2006 000418 RIVERSIDE CO CLERK & Ntc/Determination:City ordinance amend. 64.00 64.00
RECORDER
107496 05/11/2006 000406 RIVERSIDE CO SHERIFFS DEPT 1/5-211/06:lawenforcement 1,148,880.66
FY 05/06 Police Field Training 288,979.20
Triathlon patrol svcs: 4/2/06 3,878.84
Crosswalk patrol svcs: 4/14/06 1,807.71 1,443,546.41
107497 05/11/2006 003587 RIZZO CONSTRUCTION INC bldg modifications: T. Museum 4,804.00 4,804.00
107498 05/11/2006 004598 S T KARCHITECTURE INC Mar Dsgn Svcs: Wolf Crk Fire Stn 3,904.15 3,904.15
107499 05/11/2006 009196 SACRAMENTO THEATRICAL Lighting Equipment For Theater 473.18
LIGHTING
Lighting Equipment For Theater 277.10 750.28
107500 05/11/2006 005329 SAFE ALTERNATIVE FOR FY 05/06 C S Funding 15,000.00 15,000.00
EVERYONE
107501 05/11/2006 004609 SHREDFORCE INC Apr doc.shredding svcs: Rcrds Mgmt 110.00
Apr doc.shredding svcs: Police 32.50
May doc.shredding svcs: CRC 22.50 165.00
107502 05/11/2006 009745 SILVERADO AVIONICS INC radios/equipment: Fire Stns 3,431.58
radio supplies/equipment: Fire Stn 73 910.33 4,341.91
107503 05/11/2006 000645 SMART & FINAL INC F.IT Program Supplies 225.40
Recreation Supplies: MPSC 68.24 293.64
107504 05/11/2006 000537 SO CALIF EDISON Apr 2-05-791-8807 various mtrs 8,357.23
May 2-02-351-5281 CRC 4,799.36
May 2-27-805-3194 Theater 3,539.52
Apr 2-02-502-8077 Maint Fac 1,512.49
May 2-20-798-3248 C. Museum 1,134.07
Apr 2-19-683-3263 Front St Ped 1,100.78
Apr 2-00-397-5067 various mtrs 905.68
May 2-10-331-2153 TCC 738.78 22,087.91
107505 05/11/2006 002503 SOUTH COAST AIR QUALITY generator operating fees: CRC 220.29
generator emissions fees: CRC 81.89 302.18
107506 05/11/2006 000519 SOUTH COUNTY PEST CONTROL pest control svcs: City Facilities 451.00
INC
pest control svcs: Parks 84.00
pest control svcs:Crowne Hill Dr 84.00 619.00
107507 05/11/2006 007851 SOUTH COAST HEATING & AIR Apr-Jun HVAC prey maint: City Fac's 2,843.00 2,843.00
Page:10
apChkLst Final Check List Page: 11
05/11/2006 10:51:20AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
107508 05/11/2006 005786 SPRINT 3/15/06-4/14/06 cell phone svcslequip 9,317.36 9,317.36
107509 05/11/2006 008337 STAPLES BUSINESS thumb drives for Fire Prey 206.49 206.49
ADVANTAGE
107510 05/11/2006 002224 SYNDISTAR INC safety education supplies: Fire Prey 3,619.04 3,619.04
107511 05/11/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies: C. Museum 122.05
Family Fun Nights Supplies 48.76
recreation supplies: C. Museum 42.76 213.57
107512 05/11/2006 000168 TEMECULA FLOWER CORRAL sunshine fund 392.97 392.97
107513 05/11/2006 003677 TEMECULA MOTORSPORTS LLC Aug-Apr Motorcycle Maint Svcs:Police 892.38 892.38
107514 05/11/2006 000307 TEMECULA TROPHY COMPANY nameplate: O. Hazen 8.62 8.62
107515 05/11/2006 000876 TEMECULA VALLEY BALLOON & FY 05/06 Event Sponsorship 35,000.00 35,000.00
WINE
107516 05/11/2006 000515 TEMECULA VALLEY CHAMBER Fy 05/06 4th Qtr Oper.lMrktng Agrmnt 37,000.00 37,000.00
OF
107517 05/11/2006 004190 TEMECULA VALLEY FILM FY 05/06 Event Sponsorship 60,000.00 60,000.00
FESTIVAL
107518 05/11/2006 000306 TEMECULA VALLEY PIPE & irrigation/plumbing supplies:Parks 57.65 57.65
SUPPLY
107519 05/11/2006 005970 TEMECULA VALLEY PLAYERS 45 Sec.from Brdwy thtr settlement 4/9-30 2,804.89 2,804.89
107520 05/11/2006 000668 TIMMY D PRODUCTIONS INC OJ services: Skate Night 4/28 300.00 300.00
107521 05/11/2006 002452 TOP LINE INDUSTRIAL equip parts/supplies: PVV Maint 82.40 82.40
107522 05/11/2006 007433 TOVEY SHULTZ CONSTRUCTION Mar prgs pmt# 13:Roripaugh Fire stn 6,225.55 6,225.55
INC
107523 05/11/2006 007766 UNDERGROUND SERVICE ALERT May undrgrnd svcs alert tickets:PVV 148.80 148.80
107524 05/11/2006 004261 VERIZON general usage phone svcs 334.67 334.67
Page:11
apChkLst
05/11/2006
10:51:20AM
(Continued)
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
107525 05/11/2006 004279 VERIZON CALIFORNIA INC.
107526 05/11/2006 008445 WALT ALLEN ARCHITECT
107527 05/11/2006 005995 WESTWAYS & JOURNEY
PUBLICATION
107528 05/11/2006 002109 WHITE CAP INDUSTRIES INC
107529 05/11/2006 007588 WOLNICK, GLORIA
Final Check List
CITY OF TEMECULA
Page: 12
Description
Amount Paid Check Total
655.86
354.88 1,010.74
4,733.80
-133.80 4,600.00
4,910.00 4,910.00
293.59 293.59
103.92 103.92
790.27 790.27
Apr access-C. Mus.phone line
Apr access-CRC phone line
dsgn svcs:Pauba Rd ImplY Ph II
credit:exceeds contract amount
May-Jun '06 ad:Econ Dev
maintenance supplies:PW MainVTraffic
reimb:CALED Conf 4/23-26/06
107530 05/11/2006 009512 WURMS JANITORIAL SERVICES, May janitorial svcs: MPSC
INC
107531 05/11/2006 000348 ZIGLER, GAIL
reimb:rirshmntslsupplies:5/5 & 5/8
471.54
471.54
Grand total for UNION BANK OF CALIFORNIA:
2,466,298.01
Page:12
ITEM NO.4
Approvals
City Attorney
Director of Finance
City Manager
fM.('"
IJ/l
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
May 23, 2006
SUBJECT:
Professional Services Agreement for Special Tax Administration Services
PREPARED BY:
Polly von Richter, Senior Debt Analyst
RECOMMENDATION: That the City Council approve a three-year professional services
agreement with NBS for an annual amount of $48,250.00 for FY 2006/07, $49,215.00 for FY
2007/08, and $50,199.30 for FY 2007/08 for special tax administration for the City's Community
Facilities Districts and Assessment District.
BACKGROUND: The City of Temecula has six (6) existing Community Facilities
Districts and one (1) Assessment District:
*
CFD 88-12 (Ynez Corridor)
CFD 01-2 (Harveston)
CFD 03-1 (Crowne Hill)
CFD 03-2 (Roripaugh Ranch)
*
CFD 03-3 (Wolf Creek)
CFD 03-6 (Harveston II)
AD 03-4 (John Warner Road)
*
*
*
*
*
On March 14, 2006, the City mailed a Request for Qualifications to eight (8) firms who provide
special tax administration services. Five (5) firms responded with proposals priorto the deadline of
April 7, 2006. After a thorough analysis of the candidates, three (3) firms were invited to interviews
with the Finance Committee, Mike Naggar and Maryann Edwards, the Finance Director and Finance
staff on May 9,2006: Psomas Inc., NBS and MuniFinancial.
While all three firms are capable of providing special tax administration services to the City, NBS
demonstrated the knowledge and experience in the industry, along with a customer-service
philosophy, that will provide the City with the high quality service we require. As a result, NBS was
chosen as the most qualified candidate to provide these services.
Among the services provided by NBS as Special Tax Consultant are calculation of special tax levy,
public contact, delinquency management, and disclosure and reporting. NBS has assigned very
experienced and knowledgeable staff to our City and is committed to providing us the best service
possible.
Although NBS' annual cost increase is typically related to the Consumer Price Index (CPI), they
have agreed to a 2% increase cap for the term of this contract. This still allows for a cost-of-living
increase, but protects the City from the fluctuating CPl.
It is staff's recommendation that the Council approve a three-year professional services agreement
with NBS to provide special tax administration for the City's Community Facilities Districts and
Assessment District.
FISCAL IMPACT: The amount of the contract is $48,250.00 for FY 2006/07, $49,215.00
for FY 2007/08, and $50,199.30 for FY 2007/08. Funds forthe administration of special districts are
included in the annual special tax levies for each of the Districts.
ATTACHMENTS:
Professional Services Agreement for Special Tax Administration
Services
FIN05-21
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND N B S
FOR SPECIAL TAX ADMINISTRATION SERVICES
THIS AGREEMENT is made and effective as of May 23, 2006, between the City
of Temecula, a municipal corporation ("City") and N B S ("Consultant"). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on May 23, 2006, and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than June 30, 2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described
and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall complete the tasks according to the schedule of performance which is also set
forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and
to the best of his or her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. 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 Forty
Eight Thousand Two Hundred Fifty Dollars and No Cents ($48,250.00) for the total term of
the Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
c. 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 30 days of receipt of a invoice of any disputed fees
set forth on the invoice.
R:\Finance\Purchasing\Agreements M-Z.05-06\NBS.Spcl Tax Admin.FIN05-21
5/23/06
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. 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 (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.
7. 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
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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.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify,
protect and hold harmless the City, 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, its officers, agents and
employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Consultant's negligent or wrongful acts or
omissions arising out of or in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the negligence of the City.
9. 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 0001 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: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
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(4) Professional Liability coverage: One million ($1,000,000) per
claim and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations on the scope of protection afforded
to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provIsions of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current AM. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. 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 effecting the coverage required by these specifications.
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10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed
of all local, State and Federal ordinances, laws and regulations which in any manner affect
those employed by it or in any way affect the performance of its service pursuant to this
Agreement. The Consultant shall at all times observe and comply with all such ordinances,
laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this section.
12. 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.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (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
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Notice. Notice shall be effective upon delivery to the addresses specified below or on the third
business day following deposit with the document delivery service or United States Mail as
provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
N BS
Attn: Pablo Perez
32605 Highway 79 South #100
Temecula, CA 92592
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment
for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Consultant.
15. 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.
16. 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.
17. PROHIBITED INTEREST. No officer, or employee of the City of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds
thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or
for one year thereafter. The Contractor hereby warrants and represents to the City that no
officer or employee of the City of Temecula has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, or in the business of the Contractor or
Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the
event any such interest is discovered whether or not such interest is prohibited by law or this
Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in this
Agreement. All prior or contemporaneous agreements, understandings, representations and
statements, oral or written, are merged into this Agreement and shall be of no further force or
effect. Each party is entering into this Agreement based solely upon the representations set
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forth herein and upon each party's own independent investigation of any and all facts such party
deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
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CONSULTANT
NBS
Attn: Pablo Perez
32605 Highway 79 South #100
Temecula, CA 92592
Phone 951-296-1997
Fax 951-296-1998
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
Scope of Work
NBS will provide a comprehensive set of year-round services that support the City's goals
and meet the RFQ requirements. These services will be cost effective, but will be delivered
in a manner that emphasizes quality control, data integrity and the latest in technology.
NBS will provide all services requested in the City's RFQ and have included additional
services in blue italics below.
IDistrict Administration Services I
Tax Roll Application. NBS will create the tax roll application of parcel's annual special tax or
special assessment in a format acceptable to the Auditor/Controller-Recorder.
Apportion. NBS will apportion the special tax or special assessment to each parcel within each
particular district consistent with the method of apportionment for each district.
Assessor Parcel Map Maintenance. NBS will maintain current Assessor Parcel Maps for all
special district parcels.
. Update annual prior to enrollment of levy
. Notify City of any assessor parcel changes within each district
. Include in database development and land use information for all district parcels where
this information is necessary for use in calculation of special tax or special assessment.
Debt Service Schedules. NBS will coordinate with Fiscal Agent to review debt service
schedules and determine amount needed to pay debt services.
Annual Administrative Expenses. NBS will assist City in projecting annual administrative
expenses.
Reserve Requirement. NBS will identify reserve requirements and notify City if reserve needs
replenishing.
Annual Levy. NBS will prepare all necessary documents, including an Annual Levy Report, to
submit an annual levy for each district to the County.
Levy Resubmission. NBS will perform adjustments and corrections to rejected parcels by
resubmitting levies if necessary.
Direct Billing. NBS will direct bill any parcels as necessary.
Assessment Apportionment Applications. NBS will facilitate the preparation of assessment
apportionment applications including:
. Preparation of amended assessment diagrams.
. Apportioning the assessment to divided parcels.
. Preparation and delivery of required notices.
. Recordation of required notices and amended diagrams.
. Preparation of required disclosure documents.
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Primary Contact. NBS will serve as initial and primary contact with the public regarding levy.
Bond Payoff. NBS will calculate bond payoff amount or prepayment amounts as requested by
landowners and provide additional information related to payoff as required.
Release of Lien. NBS will prepare and record Release of Lien if prepayments are received.
Bond Call Spreads. NBS will prepare bond call spreads if required due to excess proceeds or
prepayments.
Debt Service Requirements. NBS will coordinate with Fiscal Agent to establish new debt
service requirements resulting from bond calls.
Summary of Information. NBS will prepare summary of information used to calculate annual
levy for each parcel.
Letter of Credit. NBS will monitor Letter of Credit issuer ratings for downgrading.
The following are additional district administration services which are already included
in the fee:
Kick-Off Meeting, Project Schedule. NBS will meet with City staff, legal counsel and other
interested parties to:
D Establish lines of communication.
D Clarify the specific project goals and criteria that will meet the City's preference.
D Identify and resolve any special circumstances that may be involved in the administration of
the districts.
D Develop project schedules to meet legal requirements and provide for effective interaction of
all involved parties.
D Establish meeting dates consistent with schedule to achieve project milestones.
Data Collection. NBS will gather and review data relevant to the administration of the districts.
Data will be obtained from various sources, including City records, Assessor's parcel maps, and
County Assessor information and establish a database for the assessment districts.
Policy Review. NBS will review polices and procedures that have been established by the City
for compliance with the governing documents and law. These policies will be incorporated into
our service to the City.
Cost Recovery. NBS will identify all costs associated with the administration of the
Assessment Districts and recover those costs through the levy process as outlined in 98682 and
98682.1 of the California Streets and Highways Code. These costs may include, but not be
limited to Registrar/Transfer/Paying Agent fees, Arbitrage Rebate calculation fees, bank fees,
and expenses of the City and its consultants related to the administration of the districts.
Fund Analysis. NBS will determine the balance requirements and acquire the current cash
balances for the districts. We will make recommendations to ensure that the flow of funds and
fund balances are in compliance with bond documents. Cash flow analysis will also be
performed to determine any levy shortfall or surplus.
Maintain Assessment District Data. NBS will annually track all parcel changes to ensure that
all changes are documented. Historical parcel change and assessment apportionment data will
be maintained by NBS.
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Annual Report. NBS will provide a comprehensive Annual Report that will show a detail listing
of the amounts submitted to the levy or directly billed for collection, details of delinquent
assessments, fund analysis, paid off parcels and release of liens, all bond call activity, and
assessed valuation information.
Delinquency Monitoring. NBS will provide the City with a comprehensive list of delinquencies
after each installment becomes due. This report will show delinquency percentage as well as a
detailed list of each delinquent parcel.
Notice of Special Assessment. NBS will provide a "Notice of Special Assessment" disclosure
notice to requesting parties as required by 953754 of the Government Code of the State of
California. The fee of any Notice of Special Tax shall be paid by the party requesting the
disclosure notice.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City, other
interested parties and all property owners. Our staff will be available to answer questions
regarding the formation and ongoing collection of assessments for the districts. Bilingual staff is
available for Spanish-speaking property owners.
County Assessor Reporting. NBS will work with the County Assessor to aid in complying with
the requirements of Revenue & Taxation Code 163. This includes providing data such as parcel
number, original assessment and current principal balance to the County Assessor.
IApportionmentsl
Application Forms. NBS will provide apportionment application forms and instructions to
the City's Engineering representative for inclusion as a condition of approval for subdivision
within an assessment district.
Segregation. NBS will apportion the special assessment according to the method of spread
as described in the engineer's report.
Notice of Apportionment. NBS will prepare a notice of apportionment and send it via
certified mail to the issuing underwriter, as required.
Assessment Diagram. NBS will prepare an amended assessment diagram and notice. The
diagram and notice will be filed and recorded with the County Recorder.
Amortization Schedule. NBS will prepare an amortization schedule for each newly created
assessment type.
Apportionment Report. NBS will prepare and submit to the City an Apportionment Report
showing the finalized apportionment and the amended assessment diagram.
Resolutions. NBS will prepare the required resolutions to order the amended assessment,
the amended assessment diagram, notices to the property owner, and fix the amount of
costs to perform the apportionment.
Public Meetings. NBS will be available to attend any public meetings required to complete
the apportionment.
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IMunicipal Disclosurel
Disclosure Requirements. NBS will assist City in preparation of enhanced disclosure
requirements required by the State of California or its agencies including reporting to CDIAC.
Annual Reports. NBS will prepare annual reports to meet the requirements of continuing
disclosure.
Continuing Disclosure Reports. NBS will file continuing disclosure reports with the
Dissemination Agent.
Website. NBS will post disclosure reports on the City's website.
Notice of Special AssessmentlTax Document. NBS will provide Notice of Special
AssessmentlTax document to seller of taxable property.
The following are additional municipal disclosure services which are already included
in the fee:
In accordance with the Disclosure Certificate of the issue, NBS will assist in compliance with
the annual disclosure requirement of the SEC Continuing Disclosure Rule 15c2-12. Since the
establishment of the Rule, the Bond Disclosure Certificate has guided our efforts. We
scrupulously follow the requirements of the Disclosure Certificate to assure full compliance
by the City. Even prior to Rule 15c2-12, our consultants had been providing many of the
disclosure requirements to the investment community. Specifically, NBS will perform the
following:
Document Review. NBS will review pertinent documents of the issue, including the Official
Statement and Disclosure Certificate. We will identify material such as the Consolidated
Annual Financial Report and/or other operating data that the City has agreed to provide in
the Disclosure Certificate.
Data Collection. NBS will collect the annual financial information and operating data that the
City has agreed to provide to each Nationally Recognized Municipal Securities Information
Repository (NRMSIR) and the appropriate State Information Depository (SID), if any.
Report Preparation. NBS will prepare the Annual Disclosure Report as required in the
Disclosure Certificate.
Annual Dissemination. NBS will disseminate the Annual Disclosure Report to state and
national repositories and post to our website to allow public access free of charge.
IDelinquency Managementl
Policies. NBS will advise City that any policies established related to collection of delinquent
special assessmentsltaxes are consistent with foreclosure covenant andlor requirement of the
bond issue.
Database. NBS will maintain database that includes regularly updated delinquency history for
each parcel located in each district.
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District Delinquencies. NBS will track and report district delinquencies after each tax
installment due date, after the City's fiscal year end and prior to initiation of foreclosure
proceedings.
Property Owner Letters. NBS will prepare and mail letters (registered return receipt if
requested) to property owners at the request of the City.
Removal of Delinquent Taxes/Assessments. NBS will prepare correspondence to the
County for removal of delinquent taxeslassessments from the tax rolls in the event these
amounts are paid directly to the district.
Foreclosure Coordination. NBS will assist with foreclosure coordination
. Prepare City Council documents initiating foreclosure
. Provide delinquent amounts for foreclosure counsel
. Act as an expert witness on behalf of the City of necessary
Direct Collections. NBS will coordinate direct collections of individual delinquencies and
deposits with the Fiscal Agent.
Payment Plans. NBS will monitor payment plans established under direction of the City or
foreclosure counsel.
The following are additional delinquency management services which are already
included in the fee:
NBS will develop a comprehensive delinquency management program which includes a
discussion and interpretation of the issuer's foreclosure covenant together with a review of
the existing polices and procedures of the City. This service can be provided as part of
overall annual administration or as a stand-alone service. When deemed as the appropriate
course of action, NBS will perform the following.
Demand Letter. At the City's direction, send a demand letter to the property owner of each
delinquent parcel for the April 10th installment. This letter will be mailed to any property
owner who remains delinquent for both installments or who is delinquent for April 10th only.
The purpose of this letter is to further educate the property owner and advise them of a
potential foreclosure.
Foreclosure Letter. This type of letter is typically sent after the installments for a parcel have
been removed from the tax roll. The letter delineates what amount must be paid directly to
the City to forestall the turnover of documents to the foreclosure attorney.
Payment Plans. At the City's discretion, NBS will offer payment plans to property owners in
lieu of turning parcels over to the City's foreclosure counsel.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City,
other interested parties and all property owners. Our staff will be available to answer
questions regarding the formation and ongoing collection of assessments/special taxes for
the districts. Bilingual staff is available for Spanish-speaking property owners.
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
The Consultant shall be paid based on the fee schedule provided by the Consultant attached
hereto and incorporated herein as though set forth in full, but in no event shall such sum exceed
$48,250.00 for the total term of the Agreement.
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5. Fee Schedule
Please note: NBS has provided the following cost proposal based on the information provided
and our understanding of the overall level of effort required. Should NBS be selected as the
most qualified firm to work with the District, we will endeavor to set up a fee and billing schedule
that is commensurate with the tasks required that meets the needs of the City of Temecula.
IDistrict Administration - Fiscal Year 2006/071
Core Admin Continuing Delinquency
District # District Name Base Fee Apportionments Disclosure Management
Re ort
CFD 88-12 Ynez Corridor $5,500.00 NIA $1,250.00 See Below
CFD 01-2 Harveston (A&B) 7,000.00 NIA 1,250.00 See Below
CFD 03-1 Crowne Hill (A&B) 6,000.00 NIA 1,250.00 See Below
CFD 03-3 Wolf Creek 5,500.00 NIA 1,250.00 See Below
CFD 03-6 Harveston II 5,500.00 NIA 1,250.00 See Below
CFD 03-2 Roripaugh Ranch 8,000.00 NIA 1,250.00 See Below
AD 03-4 John Warner Road 2,000.00 See Below 1,250.00 See Below
TOTALS $39,500.00 $8,750.00
IDistrict Administration - Fiscal Year 2007/081
Core Admin Continuing Delinquency
District # District Name Base Fee Apportionments Disclosure Management
Report
CFD 88-12 Ynez Corridor $5,610.00 NIA $1,275.00 See Below
CFD 01-2 Harveston (A&B) 7,140.00 NIA 1,275.00 See Below
CFD 03-1 Crowne Hill (A&B) 6,120.00 NIA 1,275.00 See Below
CFD 03-3 Wolf Creek 5,610.00 NIA 1,275.00 See Below
CFD 03-6 Harveston II 5,610.00 NIA 1,275.00 See Below
CFD 03-2 Roripaugh Ranch 8,160.00 NIA 1,275.00 See Below
AD 03-4 John Warner Road 2,040.00 See Below 1,275.00 See Below
TOTALS $40,290.00 $8,925.00
Pre-set 2% CPI included for Core Admin Base Fee and Continuing Disclosure
Reports.
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IDistrict Administration - Fiscal Year 2008/091
Core Admin Continuing Delinquency
District # District Name Base Fee Apportionments Disclosure Management
Report
CFD 88-12 Ynez Corridor $5,722.20 NIA $1,300.50 See Below
CFD 01-2 Harveston (A&B) 7,282.80 NIA 1,300.50 See Below
CFD 03-1 Crowne Hill (A&B) 6,242.40 NIA 1,300.50 See Below
CFD 03-3 Wolf Creek 5,722.20 NIA 1,300.50 See Below
CFD 03-6 Harveston II 5,722.20 NIA 1,300.50 See Below
CFD 03-2 Roripaugh Ranch 8,323.20 NIA 1,300.50 See Below
AD 03-4 John Warner Road 2,080.80 See Below 1,300.50 See Below
TOTALS $41,095.80 $9,103.50
Pre-set 2% CPI included for Core Admin Base Fee and Continuing Disclosure Reports.
IApportionmentsl
Apportionments will be performed upon request and paid for by the requesting party at our
then current fee structure, as shown below. NBS will apportion the assessment according to
the original method of spread, prepare the amended assessment diagram, and record the
notice of apportionment and amended diagram per Parts 10 and 10.5 of the Streets and
Highways Code.
Apportionment Fee (Four parcels or less):.....................................................$950
Apportionment Fee (Five or more parcels): ................................................$1 ,800
(plus $35 per parcel)
Recording Fee (each):.................................................................................... .$40
Resolutions:................................................................................................... $300
Meeting Attendance:....................................................... hourly, plus travel costs'
D reasonable and customary travel costs, as needed
CPI will not apply to Apportionment work.
IContinuing Disclosurel
Report Fee (per report) ..........................................................................................$1 ,250
Significant Event Notification...................................................... hourly or $100 per event
Dissemination Services
Report Dissemination (per recipient) ...............................................................$25
Significant Event Dissemination (per recipient)................................................$25
Posting to NBS website.................................................................................... No charge
CPI applies only to Report Fee as shown on three-year tables above.
R:\Finance\Purchasing\Agreements M-Z.05-06\NBS.Spcl Tax Admin.FIN05-21
5/23/06
IDelinquency Managementl
Reminder Letters....................................................................................................... .$15 *
Demand Letters........................................................................................................... .30 *
Foreclosure Letters...................................................................................................... .50
Payment Plan Administration..................................................................................... .150
Tax Roll Removal.......................................................................................................... 75 **
Subsequent Foreclosure Fees....................................................................................1 00 ***
All fees are based on a per parcel/per district basis
*This fee will be recovered as part of the next levy.
**This fee includes filing of "Notice of Intent to Remove Delinquent Installments"
but does not include County fees for removal from the tax roll.
***This fee is per parcellper districtlper year from the initiation of the foreclosure.
CPI will not apply to Delinquency Management work.
IExpensesl
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These
expenses may include, but not be limited to travel, postage, telephone, reproduction, meals
and various County charges for tapes, maps, and recording fees.
IAnnual Fee Increasesl
Cost of living increases have been pre-determined and applied as shown for a contract
period of three (3) years.
IAdditional Servicesl
Following is the current hourly rate. Additional services authorized by the City will be billed
at this rate or the then-applicable hourly rate.
Title Hourly Rate
Director $190
Senior Consultant/Programmer 150
Engineer 140
Consultant 130
Analyst 100
ClericallSupport 55
Expert Witness TBD; with minimum fee
R:\Finance\Purchasing\Agreements M-Z.05-06\NBS.Spcl Tax Admin.FIN05-21
5/23/06
ITermsl
Administration services will be invoiced quarterly at the beginning of each quarter.
Expenses will be itemized and included in the next regular invoice. Fees for all other
services will be invoiced upon completion of the project. If the project is prematurely
terminated by either party, NBS shall receive payment for work completed. Payment shall
be made within 30 days of submittal of an invoice. If payment is not received within 90 days
simple interest will begin to accrue at the rate of 1.5% per month.
R:\Finance\Purchasing\Agreements M-Z.05-06\NBS.Spcl Tax Admin.FIN05-21
5/23/06
ITEM NO.5
Approvals
City Attorney
Director of Finance
City Manager
~
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
May 23, 2006
SUBJECT:
Financial Statements for the Nine Months Ended March 31,2006
PREPARED BY:
Jason Simpson, Assistant Finance Director
Pascale Brown, Senior Accountant
RECOMMENDATION:
That the City Council:
1. Receive and file the Financial Statements for the Nine Months Ended March 31, 2006.
2. Approve an increase in operating transfer out of $1 ,750,000 from Capital Project Fund to
Measure "A" Fund 170 operating transfer in.
BACKGROUND: The attached financial statements reflectthe unaudited activity of the
City for the nine months ended March 31 ,2006. Please see the attached financial statements for an
analytical review of financial activity. The operating transfers out of the Capital Projects Fund to the
Measure "A" Fund is needed to allocate budgeted funds for Pavement Management Rehabilitation
projects until the receipt of Measure "A" funds during fiscal year 2006-07, as a result of acceleration
on awarding the project earlier than expected. Actual funds are not expected to be transferred but
this budget adjustment is necessary for financial statement presentation.
FISCAL IMPACT:
None
ATTACHMENTS:
Combining Balance Sheet as of March 31, 2006
Statement of Revenues, Expenditures and Changes in Fund Balance
for the Nine Months Ended March 31, 2006
Combining Balance Sheet (Internal Service Funds) as of March 31,
2006 Statement of Revenues, Expenses and Changes in Retained
Earnings Internal Service Funds) for the Nine Months Ended March
31,2006
CITY OF TEMECULA
Combining Balance Sheet as of
March 31, 2006
And the
Statement of Revenues, Expenditures and
Changes in Fund Balance
For The Fiscal Year Ended
March 31, 2006
And the
Statement of Revenues, Expenses and Changes
In Retained Earnings
For the Fiscal Year Ended
March 31, 2006
(Unaudited)
Prepared by the Finance Department
City of Temecula
Combining Balance Sheet
As of March 31, 2006
General Gas Tax State Trans Dev Impact CDBG
Fund Fund Fund Fund Fund
Assets:
Cash and investments $ 40,425,825 $ 187,380 $ 9,061,258
Receivables 5,773,039 $ 135,932 107,561 31,865 $ 12,150
Due from other fimds 148,056
Advances to other fimds 2,044,560
Deposits 55,487
Total assets $ 48,446,967 135,932 $ 294,941 $ 9,093,123 12,150
Liabilities and fimd balances:
Liabilities:
Due to other fimds $ 135,932 $ 12,150
Other current liabilities $ 14,683,402
Deferred revenue 2,990,305 3,540
Total liabilities 17,673,707 135,932 3,540 12,150
Fnnd balances:
Reserved 2,100,047
Designated 27,312,633 $ 294,941 $ 9,089,583
Undesignated 1,360,580
T alaI fund balances 30,773,260 294,941 9,089,583
T otalliabilities
and fund balances $ 48,446,967 $ 135,932 $ 294,941 $ 9,093,123 $ 12,150
Please nde that these balances are unaudited
City of Temecula
Combining Balance Sheet
As of March 31, 2006
AB 2766 AB3229 Measure A CIP
Fund Fund Fund Fund Total
Assets:
Cash and investments $ 264,498 $ $ 5,007,421 $ 16,435,998 $ 71,382,380
Receivables 1,005 510,604 5,315,152 11,887,308
Due from other fimds 148,056
Advances to other fimds 2,044,560
Deposits 55,487
Total assets $ 265,503 $ 5,518,025 $ 21,751,150 $ 85,517,791
Liabilities and fimd balances:
Liabilities:
Due to other fimds $ 400,000 $ 548,082
Other current liabilities 3,811,248 18,494,650
Deferred revenue 400,000 3,393,845
Total liabilities 4,611,248 22,436,577
Fnnd balances:
Reserved 2,100,047
Designated $ 265,503 $ 5,518,025 17,139,902 59,620,587
Undesignated 1,360,580
Total fund balances 265,503 5,518,025 17,139,902 63,081,214
T otalliabilities
and fund balances $ 265,503 $ 5,518,025 $ 21,751,150 $ 85,517,791
Please nde that these balances are unaudited
2
City of Temecula
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
General Fnnd
For the Nine Months Ended March 31,2006
Armual
Amended YID Percent
Budget Activity of Budget
Revenues:
Sales tax - State $ 22,600,000 $ 15,300,675 68% (I)
Sales tax - Triple Flip 6,188,000 3,094,227 50% (I)
Developmental services:
Planning 1,1 00,000 786,840 72%
Building & Safety 2,500,000 1,907,907 76%
Land Development 3,300,000 3,161,025 96% (2)
Police 567,856 308,146 54% (3)
Fire 803,400 706,969 88% (4)
Grants 10,000 0% (5)
Motor vehicle in lieu - State 513,400 397,947 78%
Motor vehicle in lieu - Triple Flip 5,437,555 2,718,778 50% (6)
Property tax 5,415,000 3,816,790 70%
Property transfer tax 1,000,000 863,552 86% (7)
Franchise fees 2,500,000 2,149,867 86% (8)
Transient occupancy tax 1,900,000 1,554,234 82% (9)
Reimbursements - Financing 132,500 120,320 91% (10)
Reimbursements - Others 701,000 564,355 81% (10)
Reimbursements from RDA 225,000 168,750 75%
Reimbursements from CIP 1,800,000 1,376,701 76%
Investment interest 955,000 440,430 46% (II)
Business licenses 286,000 302,391 106% (12)
Vehicle code fines 1,200,000 871,970 73%
Rental- Old Town 76,000 51,376 68% (13)
Miscellaneous 102,000 71,458 70%
Operating transfers in 1,728,800 1,367,912 79%
Total Revenues 61,041,511 42,102,620 69%
Notes:
1) Sales tax represents only 8 months of receipts. The second half of the Triple Flip
revenue will be received in May 2006.
2) The increase in Land Development revenue is due to Roripaugh development
acquiring permits for onsite and offsite inspections.
3) The Homeland Security grant is expected to be received in Jnne 2006.
4) The increase in Fire revenue is due to a higher volume in plan check and inspections during
this quarter.
5) The Homeland security grant for Temecula Citizen Corp is scheduled to be received
by the end ofJune 2006.
3
City of Temecula
Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual
General Flllld
For the Nine Months Ended March 31,2006
Annual
Amended YTD
Budget Activity
Expenditures:
City COllllcil $ 413,486 $ 304,667 $
Community Support 750,063 595,057
City Manager 1,102,765 806,809
Economic Development 834,310 490,826
City Clerk 938,903 675,855
City Attorney 800,000 442,886
Finance 1,893,800 1,271,420
Human Resources 582,068 440,316
Planning 3,605,045 2,324,641
Building & Safety 3,007,351 1,992,783
Land Development 2,397,314 1,401,487
Public Works 6,581,940 3,906,003
C1P Admin 2,776,873 1,807,824
Disaster Relief 12,250 7,150
Police 16,703,496 12,328,172
Fire 3,828,349 2,778,704
Animal Control 160,000 113,400
Non-departmental 11,162,421 7,535,787
Total Expenditures (Excluding Transfers) 57,550,434 39,223,787
Revenues Over/(Under) Expenditures 3,491,077 2,878,833
Operating Transfers Out 4,292,144 3,806,768
Revenues Over/(Under) Expenditures
and Operating Transfers (801,067) (927,935)
Beginning Fund Balance, July 1, 2005 31,701,195 31,701,195
Ending Flllld Balance, March 31,2006 $ 30,900,128 $ 30,773,260
Encumbr.
1,456 $
86,072
36,219
95,805
21,891
29,730
34,374
184,159
90,301
115,654
358,221
4,842
5,100
211,129
114,252
1,389,205
nu
Activity Percent
+ Encumbr of Budget
306,123 74%
681,129 91% (14)
843,028 76%
586,631 70%
697,746 74%
442,886 55%
1,301,150 69%
474,690 82%
2,508,800 70%
2,083,084 69%
1,517,141 63%
4,264,224 65%
1,812,666 65%
12,250 100%
12,539,301 75%
2,892,956 76%
113,400 71%
7,535,787 68%
40,612,992 71%
Notes:
6) The second half of Motor Vehicle Triple Flip revenue will be received in May 2006.
7) The increase in property transfer tax is due to an increase in transfers of homes during this quarter.
8) The increase in Franchise fees is due to annual revenues received from CR&R and Southern California Edison during this quarter.
9) The increase in Transient occupancy tax is due to higher than expected occupancy rate.
10) The increase in reimbursements is due to Crowne Hill reimbursements for Series B.
11) The variance in investment is due to GASB 31 Fair Market Value adjustment on investment during this quarter.
12) The increase in Business license is due to a high volume of annual renewals processed in January 2006.
13) The variance in Old Town rental is due to relocations of tenants during this quarter.
14) The variance in Community Support is due to encumbrances that are recorded for the entire fiscal year, in addition to the write off
of Boys & Girls Club receivable during this quarter.
4
City of Temecula
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
Gas Tax Fund
For the Nine Months Ended March 31,2006
Revenues:
Section 21 05-21 07
Investment interest
Total Revenues
Annual
Amended YTD Total Percent
Budget Activity Activity of Budget
$ 1,595,834 $ 1,235,187 $ 1,235,187 77%
1,870 1,607 1,607 86% (I)
1,597,704 1,236,794 1,236,794 77%
1,597,704 1,236,794 1,236,794 77%
0
Expenditures:
Operating transfers out
Revenues Over!(Under) Expenditures
Beginning Fund Balance, July 1, 2005
Ending Fund Balance, March 31,2006
$
o
Notes:
1) Investment interest was higher than expected due to steady interest rate increases by the
Federal Open Market Committee.
5
City of Temecula
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
State Transportation Fnnd
For the Nine Months Ended March 31,2006
Armual
Amended YID Total Percent
Budget Activity Activity of Budget
Revenues:
Traffic congestion relief 450,696 291,358 291,358 65% (I)
Investment Interest 750 2,186 2,186 291% (2)
Total Revenues 451,446 293,544 293,544
Expenditures:
Operating transfers out $
Revenues Over!(Under) Expenditures 451,446 293,544
Beginning Fund Balance, July 1, 2005 1,397 1,397
Ending Fund Balance, March 31,2006 $ 452,843 $ 294,941
Notes:
1) Propositon 42 revenues are schedule to be received by the end of Jnne of this fiscal year.
2) Investment interest was higher than expected due to steady interest rate increases by the
Federal Open Market Committee.
6
City of Temecula
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
Development Impact Fnnd
For the Nine Months Ended March 31,2006
Armual
Amended YTD Total Percent
Budget Activity Activity of Budget
Revenues:
Open Space $ 585,710 $ 172,812 $ 172,812 30% (I)
Investment interest 224,040 224,040
Quimby 1,092,000 447,795 447,795 41% (2)
Street improvements 2,584,362 2,043,025 2,043,025 79%
Traffic signals 374,673 287,719 287,719 77%
Parks 1,542,833 485,066 485,066 31% (I)
Corporate facilities 485,482 255,168 255,168 53% (I)
Fire protection 301,744 148,347 148,347 49% (I)
Library 603,924 216,571 216,571 36% (I)
Road/Median Improve In Lieu 69,800 69,800
Public Art 41,250 78,964 78,964 191%
Police 336,119 128,183 128,183 38% (I)
Total Revenues 7,948,097 4,557,490 4,557,490 57% (I)
Expenditures:
Operating transfers out 21,102,898 8,881,930 8,881,930 42% (3)
Revenues Over!(Under) Expenditures (13,154,801) (4,324,440)
Beginning Fund Balance, July 1, 2005 13,414,023 13,414,023
Ending Fund Balance, March 31, 2006 $ 259,222 $ 9,089,583
Notes:
1) The variance in revenues is due to timing of developers pulling permits for new homes and commercial.
2) The variance in Quimby is due to Temecula Ridge and Temecula Villages not received during this quarter.
3) The variance is due to Capital Improvement Projects ftmded with DIP that have started but not yet
completed during this quarter.
7
City of Temecula
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
Community Development Block Grant
For the Nine Mmths Ended March 31, 2006
Revenues:
Investment Interest
Grant revenue
Total Revenues
Annual
Amended YTD Total Percent
Budget Activity Activity of Budget
$ 962,273 67,526 67,526 7% (I)
962,273 67,526 67,526 7%
72,273 67,526 67,526 93% (2)
890,000 (I)
962,273 67,526 67,526 7%
Expenditures:
Other outside services
Operating transfers out
Total Expenditures
Revenues Over!(Under) Expenditures
Beginning Fund Balance, July I, 2005
Ending Fund Balance, March 31, 2006 $
Notes:
I) The CIP project funding with this fund for the Temecula Community Center Expansion,
have not yet started. Revenues are based on reimbursements related to the projects.
2) The variance is due to several disbursements made to third party recipients during this quarter.
8
City of Temecula
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
AB 2766 Fund
For the Nine Months Ended March 31,2006
Armual
Amended YTD Total Percent
Budget Activity Activity of Budget
Revenues:
AB 2766 $ 93,000 $ 72,139 $ 72,139 78%
Investment interest 5,333 5,333
Total Revenues 93,000 77,472 77,472 83%
Expenditures:
Operating transfers out 179,175 48,175 48,175 27% (I)
Revenues Over!(Under) Expenditures (86,175) 29,297
Beginning Fund Balance, July 1, 2005 236,206 236,206
Ending Fund Balance, March 31,2006 $ 150,031 $ 265,503
Notes:
1) The Temecula Park and Ride, Rancho Vista Sidewalk CIP projects, budgeted from this fund have not yet started.
9
City of Temecula
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
AB 3229 COPs
For the Nine Mmths Ended March 31, 2006
AB 3229 - COPS
Investment interest
Total Revenues
Annual
Amended YID Total Percent
Budget Activity Activity of Budget
$ 131,100 131,118 131,118 100% (I)
131,100 131,118 131,118 100%
131,100 131,118 131,118 100% (I)
Revenues:
Expenditures:
Operating transfers out
Revenues Over!(Under) Expenditures
Beginning Fund Balance, July 1, 2005
Ending Fund Balance, March 31,2006
Note:
1) The variance is due to COPS revenues received in December of this fiscal year.
10
City of Temecula
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
Measure "A"
For the Nine Months Ended March 31,2006
Annual
Amended YID Total Percent
Budget Activity Activity of Budget
Revenues:
Measure" A" $ 3,200,000 $ 2,542,689 $ 2,542,689 79%
Measure" A" New Bond Proceeds 1,100,000 (I)
Investment interest 91,977 91,977
Total Revenues 4,300,000 2,634,666 2,634,666 61%
Expenditures:
Debt service - principal 471,135 351,909 351,909 75%
Debt service - interest 95,465 72,282 72,282 76%
Operating transfers out 9,968,530 1,185,950 1,185,950 12% (2)
Total Expenditures 10,535,130 1,610,141 1,610,141 15%
Revenues Over!(Under) Expenditures (6,235,130) 1,024,525
Beginning Fund Balance, July 1, 2005 4,493,500 4,493,500
Ending Fund Balance, March 31,2006 3) $ (1,741,630) $ 5,518,025
Notes:
1) The New Measure "A" Bond Proceeds for French Valley were reprogrammed to 2006-07 projects.
2) The CIP projects Pavement Rehab, Pauba Road Improvement, French Valley Southbonnd and
Rancho California Old Town Front budgeted with this fimd have not yet completed during this quarter.
3) The variance is due to 2006-07 acceleration of fimding for Pavement Rehab project on Diaz Road
approved during this quarter.
11
City of Temecula
Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual
Capital Improvement Projects Flllld
For the Nine Months Ended March 31,2006
Annual Percent
Amended YTD Total of
Budget Activity Encurnbr. Activity Budget
Revenues:
Operating transfers in $ 48,081,440 $ 18,628,355 $ 18,628,355 39%
Grants 14,389,910 5,198,632 5,198,632 36%
Reimbursements 9,524,403 1,849,072 1,849,072 19%
Reimbursements- TUMF 11,090,760 0 0%
Reimbursements- AD 5,597,912 3,805,416 3,805,416 68%
Reimbursements- CFD'S 20,825,000 0 0%
Reimbursements- T ASIN 305,200 2,309,343 2,309,343 757%
Investment interest 119,031 119,031
Total Revenues 109,814,625 31,909,849 31,909,849 29% (1)
Expenditures:
Murrieta Creek Bridge/Overland Ext 165-602 274,057 36,798 $ 216,427 253,225 92%
Pauba Rd Improvements II 165-606 2,348,819 167,587 1,446,532 1,614,119 69%
Intersection Monitoring System 165-607 149,167 0%
Winchester Rd Widening 165-608 618,700 501,694 101,917 603,611 98%
Rancho Ca Rd Wide/Ynez Rd 165-611 66,827 66,827 66,827 100%
Guardrail Installation/Rainbow Canyon 165-619 363,493 288,162 2,555 290,717 80%
Jefferson Pavement Rehabilitation 165-621 235,936 172,560 63,323 235,883 100%
Rancho Ca Wide Old Town Front 165-624 1,066,534 24,579 18,475 43,054 4%
79 South Medians 165-625 3,261,897 83,328 50,723 134,051 4%
Western Bypass Corridor-Phase I 165-628 899,772 27,286 27,286 3%
Bus Bench Upgrades 165-629 261,971 233,818 22,178 255,996 98%
Pala Road bridge 165-631 27,548 3,375 23,898 27,273 99%
Diaz Realignment Vincent Moraga 165-632 1,984,777 134,009 8,984 142,993 7%
Traffic Signals-79S@Winchester/Redhk 165-653 150,000 134,328 134,328 90%
Traffic Signals-79S@CountryGlenWay 165-654 199,140 146,930 146,930 74%
Pavement Rehabilitation 165-655 3,814,412 798,851 79,197 878,048 23%
Pavement Rehabilitation-STPL Project 165-657 216,000 0 0%
Traffic Signals-RedhawklOverland Trail 165-658 103,000 8,308 8,308 8%
Traffic Signals-Jefferson@Sanborn 165-659 160,000 8,308 8,308 5%
Western Bypass Bridge/Murrieta Crk 165-660 335,000 1,721 1,721 1%
Liefer Road Assessment District Imp. 165-661 200,000 0 0%
115/79S lnterchange- Ultimate 165-662 440,125 234,091 184,116 418,207 95%
Rancho Vista Rd Sidewalk 165-663 109,000 6,985 6,985 6%
Temecula Park & RidelTransit Center 165-664 207,000 0 0%
Temecula Police Storefront 165-665 349,476 116,396 189,335 305,731 87%
Pechanga Parkway Improvements 165-668 11,865,001 1,938,997 584,728 2,523,725 21%
12
City of Temecula
Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual
Capital Improvement Projects Flllld
For the Nine Months Ended March 31,2006
Annual Percent
Amended YTD Total of
Budget Activity Encurnbr. Activity Budget
Flashing Beacons 165-670 20,000 0 0%
Temecula City Entry Monurnentation 165-671 150,000 0 0%
Diaz Road Extension at Cherry St 165-684 134,502 2,059 90,495 92,554 69%
Rancho Ca Bridge/Murrieta Creek 165-710 387,959 202,423 202,423 52%
Traffic Signal Equipment Installation 165-712 345,000 0 0%
Localized Storm Drain Improvements 165-715 349,504 101 101 0%
French Valley Parkway S.B. Offramp 165-719 6,094,918 35,389 118,052 153,441 3%
Bridge Barrier Rail Replacement 165-722 336,717 313,726 21,512 335,238 100%
Butterfield Stage Rd Extension 165-723 20,825,000 0 0%
French Valley Parkway 115 Offramp 165-726 10,410,802 863,124 212,819 1,075,943 10%
Fire Station Wolf Creek 165-733 4,025,980 51,928 28,675 80,603 2%
79S Sidewalk/Landscape 165-734 124,240 7,113 7,113 6%
Murrieta Creek Improvements 165-735 150,000 0 0%
Pedestrian Bicycle Bridge - CHS 165-738 90,520 14,216 17,532 31,748 35%
Fire Station Roripaugh Ranch 165-741 3,833,380 2,655,127 752,227 3,407,354 89%
Maintenance Facility Expansion 165-742 6,882,086 766,540 551,147 1,317,687 19%
Main St Bridge/Murrieta Creek 165-743 277,596 16,176 105,085 121,261 44%
Long Canyon Detention Basin 165-746 213,786 0 0%
Temecula Park & Ride 165-747 131,000 0 0%
Santiago Rd. Improvements 165-749 268,000 0 0%
Old Town Properties Master Plan 165-751 237,225 92,255 72,675 164,930 70%
Rancho Ca. Wide 1-15 E. Ynez 165-752 320,000 35,198 22,374 57,572 18%
Murrieta Creek Multi-Purpose Trail 190-142 1,904,865 66,286 25,930 92,216 5%
Red hawk Park Improvements 190-144 570,000 30,640 30,640 5%
Children's Museum 190-165 6,620 6,620 6,620 100%
Community Theater 190-167 3,407,024 3,240,142 113,656 3,353,798 98%
Patricia H Birdsall Sports Park 190-173 12,792,728 10,182,081 2,104,465 12,286,546 96%
Pablo Apis Park Add Amenities 190-182 14,116 349 2,583 2,932 21%
Multi-Trails System Citywide 190-185 1,015,932 86,347 17,358 103,705 10%
Ronald Reagan Sports Channel Silt 190-187 500,000 2,846 2,846 1%
Vail Ranch Middle School Basketball 190-188 102,913 81,479 4,003 85,482 83%
Veteran's Memorial Pavers- Phase 2 190-189 52,000 0 0%
Dog Parks Areas Various City Parks 190-190 150,000 0 0%
Kent Hindergardt Memorial Park 190-191 71,000 0 0%
Lorna Linda Play Structure Surface 190-192 150,000 0 0%
Rancho Ca Sports Park N/S Fields 190-194 31,053 31,053 31,053 100%
Roripaugh Rancho Open Space Trails 190-195 172,125 14,370 11,496 25,866 15%
Temecula Community Center Expansion 190-197 890,000 7,698 145,071 152,769 17%
TES- Swimming Poll Renovation 190-198 6,065 184 184 3%
Library 199-129 16,077,580 5,183,825 8,461,635 13,645,460 85%
Old Town District Acquisition 199-130 100,504 44,027 7,818 51,845 52%
Old Town Land Acquisition 199-131 2,560,500 2,250,144 45,160 2,295,304 90%
Total Expenditures (Excluding Transfers) 125,890,892 31,172,876 16,169,684 47,342,560 38% (1)
Revenues Over/(Under) Expenditures (16,076,267) 736,973
Beginning Fund Balance, July 1, 2005 16,402,929 16,402,929
Ending Flllld Balance, March 31,2006 $ 326,662 $ 17,139,902
Notes:
1) The variances in the Capital Improvement Flllld revenues and expenditures are due to the timing of when the various projects
are actually started and costs are incurred.
13
Internal Service Fnnds
Combining Balance Sheet
As of March 31, 2006
Information Support
Insurance Vehicles Systems Services Facilities
Fund Fund Fund Fund Fund Total
Assets:
Cash and investments $ 1,306,036 $ 652,865 $ 1,120,145 $ 260,842 $ 199,526 $ 3,539,414
Receivables 4,422 1,966 3,933 710 860 11,891
Prepaid assets 359,042 359,042
Property, plant and equipment (net of 1,248,166 279,951 72,005 1,600,122
accumulated depreciation)
Total assets $ 1,669,500 $ 1,902,997 $ 1,404,029 $ 333,557 $ 200,386 $ 5,510,469
Liabilities and fund equity:
Liabilities:
Current liabilities $ 438,902 191 $ 173,670 $ 20,953 $ 54,113 $ 687,829
Capital leases payable 83,926 83,926
Total liabilities 438,902 191 173,670 104,879 54,113 771,755
Fund equity:
Contributed capital
Retained earnings 1,230,598 1,902,806 1,230,359 228,678 146,273 4,738,714
Total fund equity 1,230,598 1,902,806 1,230,359 228,678 146,273 4,738,714
T otalliabilities and fund equity $ 1,669,500 $ 1,902,997 $ 1,404,029 $ 333,557 $ 200,386 $ 5,510,469
Please note that these balances are nnaudited.
14
City of Temecula
Statement of Revenues, Expenses and Changes in Retained Earnings
Internal Service Fnnds
For the Nine Months Ended March 31,2006
Information Support
Insurance Vehicles Systems Services Facilities
Fund Fund Fund Fund Fund Total
Revenues:
Investment interest $ 27,241 $ 11 ,560 $ 15,382 $ 4,221 $ 2,046 $ 60,450
Charges for services 399,429 229,038 1,419,870 193,509 448,231 2,690,077
Miscellaneous 8,061 39 8,100
Total Revenues 434,731 240,598 1,435,291 197,730 450,277 2,758,627
Expenses:
Salaries & wages 38,854 808,710 106,790 260,150 1,214,504
Operating expenses 394,364 447,556 59,733 190,080 1,091,733
Interest 4,717 4,717
Depreciation 219,036 179,082 26,597 424,715
Total Expenses 433,218 219,036 1,435,348 197,837 450,230 2,735,669
Revenues Over!(Under) Expenditures 1,513 21,562 (57) (107) 47 22,958
Retained Earnings, July 1,2005 1,229,085 1,881,244 1,230,416 228,785 146,226 4,715,756
Retained Earnings, March 31, 2006 $ 1,230,598 $ 1,902,806 $ 1,230,359 $ 228,678 $ 146,273 $ 4,738,714
15
ITEM NO.6
Approvals
City Attorney
Director of Finance
City Manager
IN/"
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tj8
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D, Parker, Director of Community Services
DATE:
May 23, 2006
SUBJECT:
Basketball Courts at Kent Hintergardt Memorial Park
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN
AGREEMENT WITH EDGE DEVELOPMENT FOR THE CONSTRUCTION OF A
BASKETBALL COURT AT KENT HINTERGARDT MEMORIAL PARK
2. Approve a contract with Edge Development in the amountof$74, 159forthe construction of
an official size basketball court at Kent Hintergardt Memorial Park, plus a 10% contingency.
3. Authorize a transfer of $18,575 from the Community Theater Capital Improvement Project to
the Kent Hintergardt Memorial Park Capital Improvement Project.
BACKGROUND: The Capital Improvement Program (CIP) identifies the development of
a regulation size basketball court at Kent Hintergardt Memorial Park. Current funding exists in the
City's CIP for the development of this site. With the construction of the Boys and Girls Club facility
nearing completion, constructing the basketball court improvements would greatly benefitthe Boys
and Girls Club's ability to provide additional outdoor recreation opportunities. As a result, staff has
worked with Edge Development who is currently constructing the Boys and Girls Club facility, to
develop this agreement for the construction of the basketball courts since Edge Development Inc., is
currently working on site.
The Community Services Department will provide Edge Development Inc. with appropriate plans
and specifications for the development of the court. The court would be regulation size with two
basketball goals on each end and a concrete border around the court. The estimated cost for these
improvements is approximately $ 74,159 and with the requested transfer, these funds are currently
available in the City's CIP.
FISCAL IMPACT: A transfer of $18,757 is necessary from the Community Theater
project, funded by capital reserves, to fund this agreement. The estimated cost of improvements for
the basketball court is approximately $74,159.
ATTACHMENTS:
Resolution
Contract
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING AN
AGREEMENT FOR THE CONSTRUCTION OF A
BASKETBALL COURT AT KENT HINTERGARDT
MEMORIAL PARK
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE
AS FOLLOWS:
Section 1.
and declares that:
The City Council of the City of Temecula hereby finds, determines
a. On October 28, 2003, the City entered into a Lease with the Boys
and Girl's Club of Southwest Riverside County to allow the Boys and Girl's Club to use
a portion of Kent Hintergardt Memorial Park for the construction of a Boys and Girl's
Club facility.
b. The Boys and Girl's Club will provide many recreational and
athletic programs for the young people in Temecula at the new facility and will
complement the recreational and athletic programs of the City at Kent Hintergardt
Memorial Park.
c. Construction is progressing on the Boys and Girl's Club facility
and the athletic facilities in conjunction therewith. The City has proposed to construct a
basketball court on the Park Site adjacent to the Boys and Girl's Club facility. Edge
Development Inc. is the contractor for the Boys and Girl's Club facility and has agreed to
construct the basketball court and adjacent landscaping concurrently with its construction
ofthe Boys and Girl's Club facility on the Park site.
d. By entering into the proposed Construction Agreement the City
will realize the benefits of integrating construction of the two facilities, reducing the
disruption of extended construction on the Park site, avoiding conflicts in having two
contractors on the Park Site at the same time, and reducing construction costs due to the
efficiencies of having the contractor handle both jobs on the Park Site at the same time.
e. The proposed price for the basketball court is consistent with the
Engineer's estimate for the work.
f. The City Council of Temecula, therefore, finds and determines
that, based upon the findings set forth above, full compliance with the otherwise
applicable requirements of the Public Contracts Code would be unavailing, would not
produce an advantage for the City, and would thus be undesirable, impractical, and
impossible. The City's authority to proceed with the embankment work in this manner
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was well established in Graydon v. Pasadena Redevelopment Agency et al. (1980) 104
Cal. App. 2nd 631 and the cases cited therein.
Section 2. The City Council hereby approves that certain agreement entitled
"Agreement for Construction of a Basketball Court at Kent Hintergardt Memorial Park"
between the City of Temecula and Edge Development Inc. and authorizes the Mayor to
execute the Agreement in substantially the form submitted to the Council.
Section 3.
The City Clerk shall certify to the adoption ofthis Resolution.
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CITY OF TEMECULA
AGREEMENT FOR CONSTRUCTION
OF A BASKETBALL COURT AT KENT HINTERGARDT MEMORIAL PARK
THIS CONSTRUCTION AGREEMENT is made and entered into as of
May 23,2006, by and between the City of Temecula ("City"), and Edge Development,
Inc. ("Contractor"). In consideration ofthe mutual covenants and conditions set forth
herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor shall construct and install the
basketball court and adjacent landscaping for Kent Hintergardt Memorial Park, 31465
Via Cordoba, Temecula, California, as described in the Plans and Specifications
approved by the Director of Community Services on May 4, 2006 and on file in his office
("W ork") and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required for the Work.
All of said Work to be performed and materials to be furnished for the Work shall be in
strict accordance with the specifications set forth in the Plans and Specifications. The
Work shall be completed within the time set forth in the Plan and Specifications.
Contractor shall not commence the Work until such time as directed in writing by the
City.
2. COST OF WORK. For the Work described in Section 1 of this
Agreement Contractor shall receive the sum of Seventy Four Thousand One Hundred and
Fifty Nine dollars ($ 74,159.00) payable in accordance with the Schedule of Payments,
attached hereto and incorporated herein as Exhibit A, attached hereto and incorporated
herein as though set forth in full.
3. PERFORMANCE. Contractor shall at all times faithfully, competently
and to the best of his or her ability, experience, and talent, perform all tasks described
herein. Contractor shall employ, at a minimum, generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of
Contractor hereunder in meeting its obligations under this Agreement.
4. CITY APPROVAL. All labor, materials, tools, equipment, and services
shall be furnished and work performed and completed subject to the approval of City or
its authorized representatives, and the quality of the workmanship shall be guaranteed for
one year from date of acceptance.
5. CHANGE ORDERS. The City Manager may approve change orders in
accordance with the authority granted by the City Council. Change orders exceeding
these limits shall be approved by the City Council.
6. WAIVER OF CLAIMS. On or before making final request for payment
under Paragraph 2., above, Contractor shall submit to City, in writing, all claims for
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compensation under or arising out of this contract; the acceptance by Contractor ofthe
final payment shall constitute a waiver of all claims against City under or arising out of
this Contract except those previously made in writing and request for payment.
Contractor shall be required to execute an affidavit, release and indemnify agreement
with each claim for payment.
7. PREVAILING WAGES. Contractor shall pay prevailing wages pursuant
to Labor Code Sections 1720 et. seq. for the construction work required under this
Agreement. Pursuant to the provisions of Section 1773 ofthe 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 with the City Clerk.
Copies may be obtained at cost at the City Clerk's office of Temecula. 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 Sections 1773.8,
1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of
177 5 ofthe 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 ofthe provisions ofthe
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
a. The City may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, by serving upon the
Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the
Contractor shall immediately cease all work under this Agreement, unless the notice
provides otherwise. Ifthe City suspends or terminates a portion of this Agreement such
suspension or termination shall not make void or invalidate the remainder ofthis
Agreement.
b. In the event this Agreement is terminated pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
ofthe Agreement pursuant to this Section, the Contractor will submit an invoice to the
City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions ofthis
Agreement shall constitute a default. In the event that Contractor is in default for cause
under the terms ofthis Agreement, City shall have no obligation or duty to continue
compensating Contractor for any work performed after the date of default and can
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terminate this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor's control, and without fault or negligence ofthe Contractor,
it shall not be considered a default.
b. Ifthe City Manager or his delegate determines that the Contractor
is in default in the performance of any ofthe terms or conditions ofthis Agreement, it
shall serve the Contractor with written notice of the default. The Contractor shall have
(10) days after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Contractor fails to cure its default within
such period of time, the City shall have the right, notwithstanding any other provision of
this Agreement, to terminate this Agreement without further notice and without prejudice
to any other remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify,
protect and hold harmless the City, the Temecula Community Services District
("TCSD"), their officers, officials, employees and volunteers from and against any and
all claims, demands, losses, defense costs or expenses, or liability of any kind or nature
which the City, TCSD, their officers, agents and employees may sustain or incur or
which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Contractor's negligent or wrongful acts or omissions in performing
or failing to perform under the terms of this Agreement, excepting only liability arising
out ofthe sole negligence of the City or TCSD.
13. LIABILITY INSURANCE. Contractor shall procure and maintain for
the duration ofthe contract insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance ofthe work
hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State
of California and Employer's Liability Insurance.
b. Minimum Limits ofInsurance. Contractor shall maintain limits no
less than:
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(1) General Liability: Two million dollars ($2,000,000) per
occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
(2) Automobile Liability: One million dollars ($1,000,000) per
accident for bodily injury and property damage.
(3) Employer's Liability: One million dollars ($1,000,000) per
accident for bodily injury or disease.
c. Deductibles and Self- Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager. At the option
ofthe City Manager, either the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its officers, officials, employees and volunteers; or
the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, TCSD, their officers, officials, employees and
volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf
ofthe Contractor; products and completed operations ofthe
Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to
the City, TCSD, their officers, officials, employees or
volunteers.
(2) For any claims related to this project, the Contractor's
insurance coverage shall be primary insurance as respects
the City, TCSD, their officers, officials, employees and
volunteers. Any insurance or self-insured maintained by
the City, TCSD, their officers, officials, employees or
volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not
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affect coverage provided to the City, TCSD, their officers,
officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to
the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the
City.
f. Verification of Coverage. Contractor shall furnish the City with
original endorsements effecting coverage required by this clause. The endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be
received and approved by the City before work commences. As an alternative to the
City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by
these specifications.
g. Certification Concerning Worker's Compensation Insurance.
Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 ofthe Labor Code which
requires every employer to be insured against liability for Workman's
Compensation or undertake self-insurance in accordance with the
provisions ofthat Code, and I will comply with such provisions before
commencing the performance of the work of this Contract."
12. PERFORMANCE AND LABOR AND MATERIAL BONDS. Prior
to commencement ofthe Work, Contractor shall provide the City with a Performance
Bond in the amount ofthe Contract and a Labor and Materials Bond in the amount ofthe
Contract from a surety acceptable to the City.
13. TIME OF THE ESSENCE. Time is ofthe essence in this Contract.
14. INDEPENDENT CONTRACTOR. Contractor is and shall at all
times remain as to the City a wholly independent contractor. The personnel performing
the services under this Agreement on behalf of Contractor shall at all times be under
Contractor's exclusive direction and control. Neither City nor any of its officers,
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employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement.
Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents ofthe City.
Contractor shall not incur or have the power to incur any debt, obligation or liability
whatever against City, or bind City in any manner.
a. No employee benefits shall be available to Contractor in
connection with the performance ofthis Agreement. Except for the fees paid to
Contractor as provided in the Agreement, City shall not pay salaries, wages, or other
compensation to Contractor for performing services hereunder for City. City shall not be
liable for compensation or indemnification to Contractor for injury or sickness arising out
of performing services hereunder.
15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself
informed of 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 Contractor 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 ofthe Contractor to comply with this section.
16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of
ignorance of conditions that exist or that may hereafter exist or of conditions of
difficulties that may be encountered in the execution ofthe work under this Contract, as a
result of failure to make the necessary independent examinations and investigations, and
no plea of reliance on initial investigations or reports prepared by City for purposes of
letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this
Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for
extra compensation or for an extension of time.
17. CONTRACTOR'S AFFIDAVIT. After the completion ofthe Work
contemplated by this Contract, Contractor shall file with the City Manager his affidavit
stating that all workmen and persons employed, all firms supplying materials, and all
subcontractors on the Work have been paid in full, and that there are no claims
outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions ofthe laws ofthe State of California.
18. BOOKS AND RECORDS. Contractor's books, records, and plans or
such part thereof as may be engaged in the performance of this Contract, shall at all
reasonable times be subject to inspection and audit by any authorized representative of
the City.
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19. UTILITY LOCATION. City acknowledges its responsibilities with
respect to locating utility facilities pursuant to California Government Code Section
4215.
20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to
contact the appropriate regional notification center in accordance with Government Code
Section 4215.
21. INSPECTION. The Work shall be subject to inspection and testing by
City and its authorized representatives during manufacture and construction and all other
times and places, including without limitation, the plans of Contractor and any of its
suppliers. Contractor shall provide all reasonable facilities and assistance for the safety
and convenience of inspectors. All inspections and tests shall be performed in such
manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the Work.
22. DISCRIMINATION. Contractor represents that it has not, and agrees
that it will not, discriminate in its employment practices on the basis of race, creed,
religion, national origin, color, sex, age, or handicap.
23. WRITTEN NOTICE. Any notices which either party may desire to give
to the other party under this Agreement must be in writing and may be given either by (i)
personal service, (ii) delivery by a reputable document delivery service, such as but not
limited to, Federal Express, that provides a receipt showing date and time of delivery, or
(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt
requested, addressed to the address of the party as set forth below or at any other address
as that party may later designate by Notice:
To City:
City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attention: City Manager
To Contractor:
Edge Development Inc.
27368 Via Industria, Suite 101
Temecula, CA 92590
Attn: President
24. ASSIGNMENT. The Contractor shall not assign the performance ofthis
Agreement, nor any part thereof, nor any monies due hereunder, without prior written
consent ofthe City.
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25. LICENSES. At all times during the term of this Agreement,
Contractor shall have in full force and effect, all licenses required of it by law for the
performance of the services described in this Agreement.
26. GOVERNING LAW. The City and Contractor understand and agree that
the laws ofthe State of California shall govern the rights, obligations, duties and
liabilities of the parties to this Agreement and also govern the interpretation ofthis
Agreement. Any litigation concerning this Agreement shall take place in the municipal,
superior, or federal City court with jurisdiction over the City of Temecula.
27. PROHIBITED INTERESTS. No officer or employee ofthe City of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the
proceeds thereof, the Contractor, or Contractor=s sub-contractors for this project, during
his or her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction,
or in the business of the Contractor or Contractor=s subcontractors on this project.
Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
28. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement and shall
be of no further force or effect. Each party is entering into this Agreement based solely
upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
29. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or
persons executing this Agreement on behalf of Contractor warrants and represents that he
or she has the authority to execute this Agreement on behalf of the Contractor and has the
authority to bind Contractor to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF TEMECULA
Ron Roberts
Mayor
Attest:
Susan Jones, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
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EDGE DEVELOPMENT CO., INC.
By:
Name:
Title:
By:
Name:
Title:
[Tw 0 signatures of corporate officers
required. ]
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EXHIBIT A.
SCHEDULE OF PAYMENT
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EI=>G-E
Developznent Inc.
~ General Contracting + Engineering + Construction Management. DesignlBuild
May 12,2006
City ofTemecula
43200 Bus.iness Park Drive
Temecula, CA 92589
RE: Basketball COurt at Kent Hintergardt Park
SerialNo: EST-#OOO-I80
Attention: HOrman D. Parker
Dear Mr. Parlcer:
EDGE Development, Inc. proposes to provide installation of the basketball court at Kent Hintergardt Park
for the fee of$74,154.oo to include the following:
ConslIuct one 62'96'6". concrete basketball court to specs.
Construct one 25'6'6". concrete connecting sidewalk to specs.
Adjust or replace 4 sprinkler heads to provide appropriate irrigation coverage.
Minor earthwork to prepare sub grade to specifications.
Provide and install sod at area affected by installation of basketball courts.
Provide and install 2 basketball goals per specifications to include submittal information.
Provide and install court surfacing to specifications.
Import or export of soils is excluded, removal of turf is included.
Layout of court to be verified by TCSD inspector prior to commencement of work.
ConfOrrDllllce of handicap accessibility is the responsibility ofTCSD, EDGE Development, Inc. is not
accountable for existing conditions.
Permits and fees are excluded in their entirety.
Progress payments will be as follows:
At completion of grading $25,000.00
At CODipletion of concrete installation $35,000.00
Balance at final inspection $14,159.00
ShO.1Id you have any questions please contact the undersigned.
Sincerely,
E~nt,Inc.
-~7~.-,
Mark.Stinnett
Senior Vice President
MSllw
pc:
Dayne Wagoner, Principal/CEO
Steve Prophet, PrinclpallCOO
File
27368 Via Industria, Suite 101, Temecula, CA 92590 Tel (951)296-0776 Fax(951)296-{)775. E-Mail: info@ed~y,Mm
. www.edge-<ICv;cooi
ITEM NO.7
Approvals
City Attorney
Director of Finance
City Manager
~r
I1JL
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Howard Windsor, Fire Chief
DATE:
May 23, 2006
SUBJECT:
Approve Contracts for Fire Prevention Outside Plan Check Service
PREPARED BY:
Steve Faris, Fire Marshal
RECOMMENDATION:
That the City Council approves:
1) A contract with Charles Abbott & Associates for an amount of $75,000.00.
2) A contract with Willdan Serving Public Agencies for an amount of $45,000.00.
3) A contract with Schirmer Engineering for an amount of $55,000.00.
BACKGROUND: On September 19, 2005 the City solicited ten Fire Protection
Engineering companies to provide quotes for Fire Systems plan check services. Of the ten
companies three were selected and entered into contract. Plan check services are utilized when
Fire Prevention staff experiences increased levels of applications that exceed their abilities to
process plan submittals within acceptable timeframes set by the City of 12 working days for new
submittals and 5-7 working days for re-submittals.
These past several months there has been an increase in plan checks and numerous
requests for required fire system field inspections. With plan reviewers out in the field covering
inspections, a larger than normal percentage of plan checks were outsourced in order to meet
City of Temecula customer service standards for plan check turnaround timelines. This
unexpected extensive use of contract services has nearly exhausted the original contracted
amounts; therefore it is necessary to enter into a new contract with the three selected
consultants that will provide additional funding for the balance of 05/06 fiscal year and carry
through to June 30, 2007.
This amendment is necessary to allow for the continued use of outside plan review as
needed to allow the Fire Prevention Bureau to constantly meet the City's stated plan check
processing time line goals.
FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2005-06 Operating
Budget in the amount of $55,000.00 for operating up to June 30, 2006. Also, adequate funds are
currently programmed in the Fiscal Year 2006-07 Operating Budget in the amount of $120,000.00
which is scheduled for adoption on June 13, 2006.
ATTACHMENTS:
Contracts
AGREEMENT
FOR CONSUL TANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND CHARLES ABBOTT ASSOCIATES, INC.
THIS AGREEMENT is made and effective as of May 1, 2006, between the City of
Temecula, a municipal corporation ("City") and Charles Abbott Associates, Inc. ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on May 1,2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. 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 Seventy Five Thousand
Dollars and no Cents ($75,000.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
c. 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 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
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a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAUL T 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 (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 equityor under
this Agreement.
7. 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 identi-
fied 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.
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8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, 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, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
9. 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 0001 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 endorsementto
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: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
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(4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the 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 effecting the
coverage required by these specifications.
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10. 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 overthe conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
12. 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.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (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
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effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Charles Abbott Associates, Inc.
2601 Airporl Drive, Suite 110
Torrance, Ca. 90505
Dennis Lockhard, Manager
Fire Prevention Services
866-530-4980
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
15. 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.
16. 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 forthe relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
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Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSUL TANT
Charles Abbott Associates, Inc.
2601 Airporl Drive, Suite 110
Torrance, Ca. 90505
Dennis Lockhard, Manager
Fire Prevention Services
866-530-4980 phone, 949-367-2852 fax
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
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Exhibit A
Scope of Work
Outside Plan Check Service
Scope of Work
Plan Check Services
The City of Temecula Fire Prevention Bureau is seeking service from a Fire Protection
Engineering firm to review Fire Protection Systems for compliance with the life safety
provisions of the current edition of the Uniform Building, Fire, Mechanical and Electrical
Codes, including State Amendments and Local Ordinances. Nationally recognized
standards (NFPA) will also be referenced for compliance of certain fire protection
submittals. This will include but not be limited to sprinkler, alarm, underground, hood
and duct systems ect... as required to assure submittals meet appropriate
requirements.
Turnaround Time
The Fire Protection Engineering Firm must provide turnaround times within the City's
standard. First submittals shall be turned around and sent back to the Fire Prevention
Bureau within 10 working days and re checks are given first priority and shall be
completed and returned to the Fire Prevention Bureau within 5 working days. The City
will overnight plans to the Fire Protection Engineering Firm at the City's expense and
once approved the Fire Protection Engineering Firm will be required to mail the plans to
the City Fire Prevention Bureau via an overnight service at their own expense.
Correction List Provided
Specific correction lists are to be prepared for each individual project and returned
along with a transmittal via fax to the Fire Prevention Bureau for further processing.
Each correction is to be written in plain language stating the item shown on the plans
that are deficient and the requirement that must be indicated on the plans to show
compliance. Each correction shall be written in plain clear text language stating the
correction required identified by plan page and detail with the code section that applies
for the correction required.
Customer Contact
Customer contact is acceptable to obtain additional information needed to complete a
plan review. All submittals including re-checks must be routed directly through the City
Fire Prevention Bureau for processing and will then be forwarded to the Fire Protection
Engineering Firm for review.
EXHIBIT B
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Payment Rate and Schedule
See Attached Fee Schedule.
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Exhibit B
COMPENSA liON PAGE 1
TAB FOUR
STANDARD HOURLY RATE SCHEDULE
6S'l!> of fees collected for plan check services.
Senior Principal Consultant 175.00 Landscape Director 100.00
Expert Witness Services 155.00 Associate Landscape Architect 73.00
Senior Principal Engineer 150.00 Landscape Associate 63.00
Senior Fire Prevention Manager 125.00
Fire Protection Engineer ,. 100.00
Fire Prevention Inspector/Specialist 75.00
Principal Engineer 130.00 Senior Plan Check Engineer 96.00
Public Relations Coordinator 11 0.00 Building Plan Check Engineer 83.00
Community Development Qirector 125.00 Senior Building Plan Checker 74.00
City Engineer 156.00 IMlding Plan Checker 65.00
Project 5upeIVisor 125.00 Principal Planner 11 5.00
ProJect'Manager 98.00 Senior Planner 95.00
Structural Engineer 98.00 Associate Planner 75.00
Senior Registered Engineer' 96.00 Planning Technician 60.00
Project Engineer 85.00
Senior Design Engineer 82.00 Building Official, Certified 92.00.
Design Engineer 72.00 Senior Building Inspector 70.00
Engineering Assistant 65.00 Building Inspector/Checker 55.00
Senior Environmental Consultant 125.00 Code Enforcement Officer 55.00
Environmental Engineer 95.00 Permit Specialist 50.00
Senior Traffic Engineer/Manager 130.00 Senior Draftsperson (CADD) 75.00
Transportation Planner 88.00 Draftsperson (CADD) 65.00
Traffic Engineer Associate 80.00 Computer Technician 52.00
Senior Construction Observer 75.00 Senior Contraf=! Administrator 95.00
Construction Observer 65.00 Administrative Assistant 53.00
The above hourly rates are subject to an annual adjustment based upon increases adopted by
Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CP/),
AGREEMENT
FOR CONSUL TANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND SCHIRMER ENGINEERING CORPORATION
THIS AGREEMENT is made and effective as of May 1, 2006, between the City of
Temecula, a municipal corporation ("City") and Schirmer Engineering Corporation ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on May 1,2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. 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 Fifty Five Thousand Dollars
and no Cents($55,OOO.OO) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
c. 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 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
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a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAUL T 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 (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 equityor under
this Agreement.
7. 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 identi-
fied 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.
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8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, 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, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
9. 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 0001 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 endorsementto
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: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
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(4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the 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 effecting the
coverage required by these specifications.
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10. 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 overthe conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
12. 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.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (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
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effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Schirmer Engineering Corporation
11770 Bernardo Plaza Court, Suite 116
San Diego, Ca. 92125
Gamer Pa/enske, Engineering Manager
858-673-5845
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
15. 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.
16. 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 forthe relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
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19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSUL TANT
Schirmer Engineering Corporation
11770 Bernardo Plaza Court, Suite 116
San Diego, Ca. 92125
Gamer Pa/enske, Engineering Manager
858-673-5845 phone, 858-673-5849 fax
By:
Name:
Title:
By:
Name:
Title:
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Exhibit A
Scope of Work
Outside Plan Check Service
Scope of Work
Plan Check Services
The City of Temecula Fire Prevention Bureau is seeking service from a Fire Protection
Engineering firm to review Fire Protection Systems for compliance with the life safety
provisions of the current edition of the Uniform Building, Fire, Mechanical and Electrical
Codes, including State Amendments and Local Ordinances. Nationally recognized
standards (NFPA) will also be referenced for compliance of certain fire protection
submittals. This will include but not be limited to sprinkler, alarm, underground, hood
and duct systems ect... as required to assure submittals meet appropriate
requirements.
Turnaround Time
The Fire Protection Engineering Firm must provide turnaround times within the City's
standard. First submittals shall be turned around and sent back to the Fire Prevention
Bureau within 10 working days and re checks are given first priority and shall be
completed and returned to the Fire Prevention Bureau within 5 working days. The City
will overnight plans to the Fire Protection Engineering Firm at the City's expense and
once approved the Fire Protection Engineering Firm will be required to mail the plans to
the City Fire Prevention Bureau via an overnight service at their own expense.
Correction List Provided
Specific correction lists are to be prepared for each individual project and returned
along with a transmittal via fax to the Fire Prevention Bureau for further processing.
Each correction is to be written in plain language stating the item shown on the plans
that are deficient and the requirement that must be indicated on the plans to show
compliance.
Customer Contact
Customer contact is acceptable to obtain additional information needed to complete a
plan review. All submittals including re-checks must be routed directly through the City
Fire Prevention Bureau for processing and will then be forwarded to the Fire Protection
Engineering Firm for review.
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
See attached fee schedule.
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Ma~ 11 2006 II:t3
858-673-5848
SCHIRMER j'1nO Bernardo Plaza Court. Ste.116
San Diego. CA 92128
ENGINEERING PH (858)873-5845 Fa~ (858)673-5849
May 11,2006
Via Federal Express
Via Facsimile: (951) 506-5169
Ms. Becky Obman
City of Temecula Fire Prevention Bureau
43200 Business Park Drive
PO Box 9033
Temecula, California 92589-9033
Telephone No.: (951) 694-6405
Re: Proposal to Provide Fire System Plan Review Services For
City of Temecula
Temecula, California
SEC Proposal No. 206097
Dear Becky:
Schirmer Engineering Corporation proposes to conduct fire system plan review services for the
City ofTemecula Fire Prevention Bureau from May 1, 2006 to June 30, 2006. Our fees will be
billed to the city at 75% of the established fee schedule.
A current Insurance Certificate has been ordered and will be forwarded 10 your office upon
receipt.
We are very pleased 10 be working with your department once again.
Sincerely,
SCHIRMER ENGINEERING CORPORATION
~ S:x.
Qui Duong. P.E.
Senior Engineer
QD:jf
S;\SNDGO\PROJECTS\PLAN REVIEWS\Clty Of TemeaJIa New\Contraet File\PrDpoaaNtqd.B.Obmall. PlanReVleWPtOpOaal.~11..o6,doc
Fire Protection Engineering . Code Consulting . Risk Control . Security Consulting
www.sc:hinnereng.c:om
p.2
AGREEMENT
FOR CONSUL TANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND WILLDAN SERVING PUBLIC AGENCIES
THIS AGREEMENT is made and effective as of May 1, 2006, between the City of
Temecula, a municipal corporation ("City") and Willdan Serving Public Agencies ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on May 1,2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. 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 Forty Five Thousand Dollars
and no Cents ($45,000.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
c. 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 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
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a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAUL T 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 (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.
7. 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 identi-
fied 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.
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8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, 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, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
9. 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 0001 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 endorsementto
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: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor
bodily injury or disease.
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(4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the 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 effecting the
coverage required by these specifications.
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10. 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 overthe conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in anyway affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure
of the Consultant to comply with this section.
12. 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.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (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
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effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Willdan Serving Public Agencies
650 Hospitality Lane, Suite 400
San Bernardino, California 92408-3317
Ronald L. Espalin, PE
Senior Vice President
909-386-0200
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
15. 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.
16. 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 forthe relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
P:\Agreeement Sample\Consultant.Prof Services.2005
Updated 7/2005
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSUL TANT
Willdan Serving Public Agencies
650 Hospitality Lane, Suite 400
San Bernardino, California 92408-3317
Ronald L. Espalin, PE
Senior Vice President
909-386-0200 phone, 909-888-5107 fax
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
P:\Agreeement Sample\Consultant.Prof Services.2005
Updated 7/2005
Exhibit A
Scope of Work
Outside Plan Check Service
Scope of Work
Plan Check Services
The City of Temecula Fire Prevention Bureau is seeking service from a Fire Protection
Engineering firm to review Fire Protection Systems for compliance with the life safety
provisions of the current edition of the Uniform Building, Fire, Mechanical and Electrical
Codes, including State Amendments and Local Ordinances. Nationally recognized
standards (NFPA) will also be referenced for compliance of certain fire protection
submittals. This will include but not be limited to sprinkler, alarm, underground, hood
and duct systems ect... as required to assure submittals meet appropriate
requirements.
Turnaround Time
The Fire Protection Engineering Firm must provide turnaround times within the City's
standard. First submittals shall be turned around and sent back to the Fire Prevention
Bureau within 10 working days and re checks are given first priority and shall be
completed and returned to the Fire Prevention Bureau within 5 working days. The City
will overnight plans to the Fire Protection Engineering Firm at the City's expense and
once approved the Fire Protection Engineering Firm will be required to mail the plans to
the City Fire Prevention Bureau via an overnight service at their own expense.
Correction List Provided
Specific correction lists are to be prepared for each individual project and returned
along with a transmittal via fax to the Fire Prevention Bureau for further processing.
Each correction is to be written in plain language stating the item shown on the plans
that are deficient and the requirement that must be indicated on the plans to show
compliance. Each correction shall be written in plain clear text language stating the
correction required identified by plan page and detail with the code section that applies
for the correction required.
Customer Contact
Customer contact is acceptable to obtain additional information needed to complete a
plan review. All submittals including re-checks must be routed directly through the City
Fire Prevention Bureau for processing and will then be forwarded to the Fire Protection
Engineering Firm for review.
Exhibit B
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Updated 7/2005
Fee Schedule
Willdan proposes and agrees to conduct fire system plan review services for City of Temecula
Fire Prevention Bureau. Fees will be billed to the City at 70% of the established fee schedule.
P:\Agreeement Sample\Consultant.Prof Services.2005
Updated 7/2005
ITEM NO.8
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Authorize Temporary Street Closure for the Street Painting Festival in Old Town
(Main Street between Murrieta Creek and the easterly terminus of Main Street at
Interstate 15)
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULAAUTHORIZING THE CLOSURE OF A PORTION OF A
MAIN STREET FOR THE STREET PAINTING FESTIVAL AND
AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR
THIS SPECIFIC SPECIAL EVENT
BACKGROUND: The Annual Street Painting Festival scheduled for June 24th and 25th
of this year necessitates the physical closure of certain streets in the Old Town area, and related
detouring, as these streets serve as the canvas on which artists will paint. The street closures will
also serve to accommodate and provide the free movement of pedestrian traffic by minimizing
potential vehicular-pedestrian conflicts.
Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those
highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for,
among other instances, "temporary closing a portion of any street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the
closing is necessaryforthe safety and protection of persons who are to use that portion of the street
during the temporary closing".
The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards
and procedures for special events on public streets, highways, sidewalks, or public right of way.
While a process was established for reviews and approvals, no mechanism was provided for
delegating authority to temporarily close streets, or portions of streets, for these special events.
The recommended resolution delegates the authority to approve temporary street closures for the
Street Painting Festival sponsored by the City of Temecula. This authority is limited to and
delegated to the City Engineer (or an authorized representative) only. Any other special events
requiring temporary street closures, construction related closures, etc., remain subject to the
approval of the City Council subjectto rules and regulations established by the City Council. These
rules and regulations shall also be adopted by resolution in accordance with California Vehicular
Code Section 21101.
This year's Street Painting Festival requires the closure of Main Street between Murrieta Creek and
the easterly terminus of Main Street at Interstate 15 from 6:00 AM on Saturday June 24th 2005 to
5:00 PM on Sunday June 25th 2005. The designated streets will remain closed through Saturday
night. Old Town Front Street and Mercedes Street shall remain open to through traffic at all times.
FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of
necessary warning and advisory devices by the Temecula Community Services Department and the
City Public Works Maintenance Division are included in budgetary items.
ATTACHMENTS:
1.
2.
Resolution No. 2006-
Location Map
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING THE CLOSURE OF A
PORTION OF A MAIN STREET FOR THE STREET
PAINTING FESTIVAL AND AUTHORIZING THE CITY
ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC
SPECIAL EVENT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, the California State Vehicular Code provides for the promulgation of
rules and regulations for the temporary closure of public streets by local authorities by
Resolution; and,
WHEREAS, the City Council desires to establish rules and regulations for the
temporary closure of public streets in the interest of promoting safety and protection;
and,
WHEREAS, the City of Temecula desires to authorize the closure of public
streets for the Street Painting Festival sponsored by the City of Temecula, for which
such temporary street closures promote the safety and protection of persons using or
proposing to use those streets for this special event; and,
WHEREAS, the City Council desires to facilitate the issuance of permission to
temporarily close public streets, specifically Main Street between the Murrieta Creek
and the easterly terminus of Main Street for the Street Painting Festival; and,
NOW, WHEREAS, the City Council desires to authorize the City Engineer to
approve temporary street closures for the Street Painting Festival sponsored by the City
of Temecula, and to establish the general rule that all other proposed temporary street
closures shall be reviewed and approved subject to conditions, or disapproved, by the
City Council; and,
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula,
hereby authorizes the City Engineer to permit temporary street closures for the Street
Painting Festival scheduled from 6:00 AM Saturday June 24th, 2005 to 5:00 PM Sunday
June 25th, 2005 and establishes the general rule that all other temporary public street
closures shall be approved or denied approval by the City Council.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23rd day of May, 2006.
Ron Roberts, 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. 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 23rd day of May, 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
~ CANOPY 20X20 SIGN UP
III BAND
II FOOD VENDORS
Commercial Vendors
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Blocked,off east
of Children's Museum
Parking Lot, all of Main
81. east. Open at cross
streets
LOCAi lotJ M p.,p
ITEM NO.9
Approvals
City Attorney
Director of Finance
City Manager
JM.f'"
1//2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Temecula Creek Channel, Stage 2; Cooperative Agreement Between City of
Temecula, Riverside County Flood Control And Water Conservation District,
And Butterfield Ranch Self Storage, Inc., Within Parcel Map 33545
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Gerald L. Alegria, Senior Engineer - Land Development
RECOMMENDATION:
That the City Council:
1. Approve Temecula Creek Channel, Stage 2 Cooperative Agreement between City of
Temecula hereinafter called "City", Riverside County Flood Control and Water Conservation
District hereinafter called "District", and Butterfield Ranch Self Storage, Inc. hereinafter called
"Developer", within Parcel map 33545, and
2. Authorize the execution of such agreement in its final form by the Mayor, City Attorney,
Director of Public Works, and City Clerk.
BACKGROUND: Parcel Map 33545 was approved by City on February 14,2006. The
property is located at the south east corner of State Route 79 South and Butterfield Stage Road and
is bounded by Temecula Creek to the south. As a condition of approval, Developer is required to
construct certain flood control improvements to provide flood protection for this planned
development. The required improvements include approximately nine hundred (900) lineal feet of
slope and channel improvements as shown on Exhibits "A" and "B" of the Cooperative Agreement.
Developer is also responsible to construct an eight (8) feet wide trail along the embankment on top
of the slope.
Pursuant to the Cooperative Agreement, Developer will construct the said improvements, and
District will assume ownership and the maintenance responsibility. Furthermore, in accordance with
the cooperative agreement, District will review and approve all improvement plans and inspect the
improvements.
City's participation is to review and approve the improvement plans as prepared by Developer,
granting permission to District to inspect the construction and upon completion of the project, to
operate and maintain the improvements.
City will accept and hold Faithful Performance and Labor and Material Bonds forthe improvements.
Following City Council adoption of the Cooperative Agreement, the latter will be sent to District for
County of Riverside Board of Supervisors' approval.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Vicinity Map
2. Parcel Map 33545.
3. Cooperative Agreement (6 copies).
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AGREEMENT
Temecula Creek Channel, Stage 2
(Parcel Map 33545)
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter called "DISTRICT", CITY of Temecula, hereinafter
called "CITY" and BUTTERFIELD RANCH SELF STORAGE, INC, a California corporation,
hereinafter called "DEVELOPER", hereby agree as follows:
RECITALS
A. DEVELOPER has submitted for approval Parcel Map 33545 in the City of
Temecula and as, a condition for approval DEVELOPER must construct certain flood control
facilities in order to provide flood protection for DEVELOPER'S planned development; and
B. The required flood control facilities include construction of approximately
14 700 lineal feet of concrete slope protection, hereinafter called "PROJECT"; and
C. DEVELOPER and CITY desire DISTRICT to accept ownership and
responsibility for the operation and maintenance of PROJECT. Therefore, DISTRICT must
review and approve DEVELOPER'S plans and specifications and subsequently inspect the
construction of PROJECT; and
D. DISTRICT is willing to (i) review and approve DEVELOPER'S plans and
specifications for PROJECT, (ii) inspect the construction of PROJECT and (iii) accept
ownership and responsibility for the operation and maintenance of PROJECT, provided
DEVELOPER (i) complies with this Agreement, (ii) pays DISTRICT the amounts specified
herein to cover DISTRICT'S plan review and construction inspection costs for PROJECT, (iii)
pays DISTRICT the amount specified herein to cover DISTRICT'S estimated cost to operate and
maintain PROJECT for a period often (10) years commencing upon DISTRICT'S acceptance of
PROJECT as complete for ownership, operation and maintenance, (iv) constructs PROJECT in
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accordance with plans and specifications approved by DISTRICT and CITY, (v) obtains all
necessary permits, regulatory permits, licenses and rights of entry as set forth herein, (vi) accepts
ownership and responsibility for the operation and maintenance of PROJECT following
completion of PROJECT construction until such time as DISTRICT accepts ownership and
responsibility for the operation and maintenance of PROJECT and (vii) obtains and conveys to
DISTRICT the necessary rights of way for the inspection, operation and maintenance of
PROJECT as set forth herein; and
F. CITY is willing to (i) review and approve plans and specifications prepared
, by DEVELOPER for PROJECT, (ii) accept and hold faithful performance and payment bonds
submitted by DEVELOPER for PROJECT and (iii) consent to the recordation and conveyance of
the Irrevocable Offer(s) of Dedication furnished by DEVELOPER as provided herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
DEVELOPER shall:
1. Prepare plans and specifications for PROJECT, hereinafter called
"IMPROVEMENT PLANS", in accordance with DISTRICT and CITY standards and submit to
DISTRICT and CITY for their review and approval.
2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic
billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by
DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS,
review and approval of right of way and conveyance documents and with the processing and
administration of this Agreement.
3. Deposit with DISTRICT (Attention: Business Office - Accounts
Receivable), at the time of providing written notice to DISTRICT of the start of PROJECT
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construction as set forth in Section 1.8. herein, the estimated cost of providing construction
inspection for PROJECT, in an amount as determined and approved by DISTRICT in accordance
with Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments thereto,
based upon the bonded value of PROJECT facilities to be inspected, operated and maintained by
DISTRICT.
4. Pay DISTRICT, upon execution of this Agreement, the one time cash sum
of twenty-nine thousand two hundred seventy-seven dollars ($29,277.00), the amount agreed
upon to cover DISTRICT'S estimated cost to operate and maintain DISTRICT'S portion of
PROJECT for a period often (10) years (Zone 7 - Maintenance Trust Fund) commencing upon
DISTRICT'S acceptance of PROJECT as complete for ownership, operation and maintenance.
5. Secure, at its sole cost and expense, all necessary licenses, agreements,
permits and rights of entry as may be needed for the construction, inspection, operation and
'maintenance of PROJECT. DEVELOPER shall furnish DISTRICT, at the time of providing
written notice to DISTRICT of the start of construction as set forth in Section 1.8., with sufficient
evidence of DEVELOPER having secured such necessary licenses, agreements, permits and
rights of entry, as determined and approved by DISTRICT.
6. Furnish DISTRICT with copies of all permits, approvals or agreements
required by any Federal or State resource and/or regulatory agency for the construction,
operation and maintenance of PROJECT. Such documents include but are not limited to those
issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board,
California State Department ofFish and Game and State Water Resources Control Board.
7. Provide CITY, at the time of providing written notice to DISTRICT of the
start of construction as set forth in Section 1.8., with faithful performance and payment bonds,
each in the amount of 100% of the estimated cost for construction of PROJECT facilities as
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determined by DISTRICT. The surety, amonnt and form of the bonds shall be subject to the
approval of DISTRICT and CITY. The bonds shall remain in full force and effect until
PROJECT is accepted by DISTRICT as complete; at which time the bond amount may be
reduced to 10% for a period of one year to guarantee against any defective work, labor or
materials.
8. Notify DISTRICT in writing (Attention: Administrative Services Section),
at least twenty (20) days prior to the start of construction of PROJECT. Construction shall not
begin on any element of PROJECT, for any reason whatsoever, until DISTRICT has issued to
DEVELOPER a written Notice to Proceed authorizing DEVELOPER to initiate PROJECT
construction.
9. Grant DISTRICT, by execution of this Agreement, the right to enter upon
DEVELOPER'S property where necessary and convenient for the purpose of gaining access to
and performing inspection service for the construction of PROJECT as set forth herein.
10. Obtain and provide DISTRICT, at the time of providing written notice to
DISTRICT of the start of construction of PROJECT as set forth in Section 1.8., with duly
executed Irrevocable Offers(s) of Dedication to the public for flood control and drainage
purposes, including ingress and egress, for the rights of way deemed necessary by DISTRICT for
the construction, inspection, operation and maintenance of PROJECT, as shown in concept
cross"hatched in blue and in green on Exhibit "B" attached hereto and made a part hereof. The
Irrevocable Offer(s) of Dedication shall be in a form approved by DISTRICT and shall be
executed by all legal and equitable owners of the property described in the offer(s).
11. Furnish DISTRICT, when submitting the Irrevocable Offer(s) of Dedication
as set forth in Section I.1 0., with Preliminary Reports on Title dated not more than thirty (30)
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days prior to date of submission of all the property described in the Irrevocable Offer(s) of
Dedication.
12. Furnish DISTRICT, at the time of providing written notice to DISTRICT of
the start of construction as set forth in Section 1.8., with a complete list of all contractors and
subcontractors to be performing work on PROJECT, including the corresponding license number
and license classification of each. At such time, DEVELOPER shall further identify in writing
its designated superintendent for PROJECT construction.
13. Furnish DISTRICT, at the time of providing written notice to DISTRICT of
the start of construction as set forth in Section 1.8., a construction schedule which shall show the
order and dates in which DEVELOPER or DEVELOPER'S contractor proposes to carry on the
various parts of work, including estimated start and completion dates. As PROJECT
construction progresses, DEVELOPER shall update said construction schedule as requested by
DISTRICT.
14. Furnish DISTRICT with final mylar IMPROVEMENT PLANS and assign
their ownership to DISTRICT prior to the start of PROJECT construction.
15. Not permit any change to or modification of IMPROVEMENT PLANS
without the prior written permission and consent of DISTRICT.
16. Comply with all Cal/OSHA safety regulations including regulations
concerning confined space and maintain a safe working environment for DEVELOPER and
DISTRICT employees on the site.
17. [This Section Intentionally Left Blank.]
18. During the construction period of PROJECT, provide Workers'
Compensation Insurance in an amount required by law. A certificate of said insurance policy
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shall be provided to DISTRICT, the County of Riverside and CITY at the time of providing
written notice pursuant to Section 1.8.
19. Commencing on the date notice is given pursuant to Section 1.8. and
continuing until DISTRICT accepts PROJECT for operation and maintenance:
(a) Provide and maintain or cause its contractor(s) to provide and maintain
comprehensive liability insurance coverage which shall protect
DEVELOPER from claim from damages for personal injury,
including accidental and wrongful death, as well as from claims for
property damage which may arise from DEVELOPER'S construction
of PROJECT or the performance of its obligations hereunder, whether
such construction or performance be by DEVELOPER, by any of its
contractors, subcontractors or by anyone employed directly or
indirectly by any ofthem. Such insurance shall name DISTRICT, the
County of Riverside and CITY as additional insureds with respect to
this Agreement and the obligations of DEVELOPER herennder.
Such insurance shall provide for limits of not less than two million
dollars ($2,000,000) per occurrence.
(b) Cause its insurance carrieres) or its contractor's insurance carrier(s),
who shall be authorized by the California Department of Insurance to
transact the business of insurance in the State of California, to furnish
DISTRICT, the County of Riverside and CITY at the time of
providing written notice to DISTRICT of the start of construction as
set forth in Section 1.8., with certificate(s) of insurance and applicable
policy endorsements showing that such insurance is in full force and
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effect and that DISTRICT, the County of Riverside and CITY are
named as additional insureds with respect to this Agreement and the
obligations of DEVELOPER hereunder. Further, said certificate(s)
shall state that the issuing company shall give DISTRICT, the County
of Riverside and CITY sixty (60) days written notice in the event of
any cancellation, termination, non-renewal or reduction in coverage
of the policies evidenced by the certificate(s). In the event of any
such cancellation, termination, non-renewal or reduction in coverage,
DEVELOPER shall, forthwith, secure replacement insurance meeting
the provisions of this paragraph.
Failure to maintain the insurance required by this paragraph shall be deemed
a material breach ofthis Agreement and shall authorize and constitute authority for DISTRICT,
at its sole discretion, to proceed to perform the remaining work pursuant to Section IV.3.
20. Construct or cause to be constructed, PROJECT at DEVELOPER'S sole
cost and expense in accordance with DISTRICT and CITY approved IMPROVEMENT PLANS.
21. Within two (2) weeks of completing PROJECT construction, provide
DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT
construction is substantially complete and requesting that DISTRICT conduct a final inspection
of PROJECT.
22. Upon completion of PROJECT construction and upon acceptance by CITY
of all street rights of way deemed necessary by DISTRICT and CITY for the operation and
maintenance of PROJECT, but prior to DISTRICT acceptance of PROJECT for ownership,
operation and maintenance, conveyor cause to be conveyed to DISTRICT flood control
easement(s), including ingress and egress, in a form approved by DISTRICT, for the rights of
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way as shown in concept cross-hatched in blue on Exhibit "B" and ingress and egress easements,
in a form approved by DISTRICT, for the rights of way as shown in concept cross-hatched in
green on Exhibit "B".
23. At the time of recordation of the conveyance document(s) as set forth in
Section 1.22., furnish DISTRICT with policies of title insurance, each in the amount of not less
than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each
easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said
property as being free and clear of all liens, encumbrances, assessments, easements, taxes and
leases (recorded or unrecorded), except those which,in the sole discretion of DISTRICT, are
deemed acceptable.
24. [This Section Intentionally Left Blank.]
25. Accept ownership and sole responsibility for the operation and maintenance
of PROmCT until such time as DISTRICT accepts ownership and responsibility for operation
and maintenance of PROm CT. Further, it is mutually understood by the parties hereto that prior
to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of
PROJECT, PROJECT shall be in a satisfactorily maintained condition as solely determined by
DISTRICT.
26 . Pay, if suit is brought upon this Agreement or any bond guaranteeing the
completion of PROmCT, all costs and reasonable expenses and fees, including reasonable
attorneys' fees and acknowledge that, upon entry of judgment, all such costs, expenses and fees
shall be computed as costs and included in any judgment rendered.
27. Upon completion of construction of PROmCT, but prior to DISTRICT
acceptance of PROmCT for ownership, operation and maintenance, DEVELOPER'S civil
engineer of record or construction civil engineer of record, duly registered in the State 0
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California, shall provide DISTRICT a redlined "as-built" copy of IMPROVEMENT PLANS.
After DISTRICT approval of the redlined "as-built" drawings, DEVELOPER'S engineer shall
schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT'S original
mylars at DISTRICT'S office, after which the engineer shall review, stamp and sign PROJECT
plans "AS-BUILT".
SECTION II
DISTRICT shall:
I. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER
prior to the start of PROJECT construction.
2. Provide CITY an opportunity to review and approve IMPROVEMENT
PLANS prior to DISTRICT'S final approval.
3. Upon execution of this Agreement, record or cause to be recorded, a copy of
this Agreement in the Official Records ofthe Riverside County Recorder.
4. Record or cause to be recorded, the Irrevocable Offer(s) of Dedication
provided by DEVELOPER pursuant to Section I.10.
5. Inspect PROJECT construction.
6. Keep an accurate accounting of all DISTRICT costs associated with the
review and approval of IMPROVEMENT PLANS, the review and approval of right of way and
conveyance documents and the processing and administration of this Agreement.
7. Keep an accurate accounting of all DISTRICT construction inspection costs
and within forty-five (45) days after DISTRICT acceptance of PROJECT as being complete,
submit a final cost statement to DEVELOPER. If the deposit, as set forth in Section I.3. exceeds
such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) days
after DISTRICT acceptance of PROJECT as being complete. If at any time the costs exceed the
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deposit or are anticipated by DISTRICT to exceed the deposit, DEVELOPER shall pay such
additional amount(s), as deemed reasonably necessary by DISTRICT to complete PROJECT,
within thirty (30) days after receipt of billing from DISTRICT.
8. Accept ownership and sole responsibility for the operation and maintenance
of PROJECT upon (i) DISTRICT acceptance of PROJECT construction as being complete, (ii)
recordation of all conveyance documents described in Section 1.22., and (iii) acceptance by
CITY of all necessary street rights of way as deemed necessary by DISTRICT and CITY for the
operation and maintenance of PROJECT.
9. Provide CITY with a reproducible duplicate copy of "as-built"
IMPROVEMENT PLANS upon DISTRICT acceptance of PROJECT as being complete.
SECTION III
CITY shall:
I. Review and approve IMPROVEMENT PLANS prior to the start of
PROJECT construction.
2. Accept CITY and DISTRICT approved faithful performance and payment
bonds submitted by DEVELOPER as set forth in Section 1.7., and hold said bonds as provided
herein.
3. Consent, by execution of this Agreement, to the recording of any
Irrevocable Offer(s) of Dedication furnished by DEVELOPER pursuant to this Agreement.
4. As requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication
as set forth herein and any other outstanding offers of dedication necessary for the construction,
inspection, operation and maintenance of PROJECT and convey sufficient rights of way to
DISTRICT to allow DISTRICT to construct, inspect, operate and maintain PROJECT.
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104797_6
SECTION IV
It is further mutually agreed:
1. All work involved with PROJECT shall be inspected by DISTRICT and
shall not be deemed complete until approved and accepted in writing as complete by DISTRICT.
2. CITY and DEVELOPER personnel may observe and inspect all work being
done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely
responsible for all quality control communications with DEVELOPER'S contractor(s) during the
construction of PROJECT.
3. DEVELOPER shall complete construction of PROJECT within twelve (12)
consecutive months after execution of this Agreement and within thirty (30) consecutive
calendar days after commencing work on PROJECT. It is expressly understood that since time is
of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed
upon time shall constitute authority for DISTRICT to perform the remaining work and require
DEVELOPER'S surety to pay to CITY the penal sum of any and all bonds. In which case, CITY
, shall subsequently reimburse DISTRICT for DISTRICT costs incurred.
4. DEVELOPER and DISTRICT knowingly and voluntarily, waIve the
provisions of Government Code Section 65913.8, relating to fees and charges for PROJECT.
Such waiver is accomplished with the understanding that DISTRICT is voluntarily undertaking
the obligation to accept ownership and responsibility for the operation and maintenance of
PROJECT and DEVELOPER is not required by DISTRICT to enter into this Agreement.
5. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed
within twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in
Section 1.8., however, DISTRICT'S construction inspection staff is limited and, therefore, the
issuance of a Notice to Proceed is subject to staff availability.
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In the event DEVELOPER wishes to expedite issuance of a Notice to
Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at
DEVELOPER'S sole cost and expense. DEVELOPER shall furnish appropriate documentation
of the individual's credentials and experience to DISTRICT for review and, if appropriate,
approval. DISTRICT shall review the individual's qualifications and experience and, upon
approval thereof, said individual, hereinafter called "DEPUTY INSPECTOR", shall be
authorized to act on DISTRICT'S behalf on all PROJECT construction and' quality control
matters. If DEVELOPER'S initial construction inspection deposit furnished pursuant to Section
1.3. exceeds five thousand dollars ($5,000.00), DISTRICT shall refund to DEVELOPER up to
eighty percent (80%) of DEVELOPER'S initial inspection deposit within forty-five (45) days of
DISTRICT'S approval of DEPUTY INSPECTOR; however, a minimum balance of five
thousand dollars ($5,000.00) shall be retained on account.
6. PROJECT construction work shall be on a five (5) day, forty (40) hour work
week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless
otherwise approved in writing by DISTRICT. If DEVELOPER feels it is necessary to work
more than the normal forty (40) hour work week or on holidays, DEVELOPER shall make a
written request for permission from DISTRICT to work the additional hours. The request shall
be submitted to DISTRICT at least seventy-two (72) hours prior to the requested additional work
hours and state the reasons for the overtime and the specific time frames required. The decision
of granting permission for overtime work shall be made by DISTRICT at its sole discretion an
shall be final. If permission is granted by DISTRICT, DEVELOPER will be charged the cos
incurred at the overtime rates for additional inspection time required in connection with th
overtime work in accordance with Ordinance Nos. 671 and 749, including any amendment
thereto, of the County of Riverside.
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7. In the event that any claim or legal action is brought against DISTRICT or
CITY in connection with this Agreement because of the actual or alleged acts or omissions by
DEVELOPER, including but not limited to design, construction or failure of PROJECT,
DEVELOPER shall defend, indemnify and hold DISTRICT and CITY harmless therefrom,
without cost to DISTRICT or CITY. Upon DEVELOPER'S failure to do so, DISTRICT and
CITY shall be entitled to recover from DEVELOPER all of their costs and expenses, including,
but not limited to, reasonable attorneys' fees.
8. DEVELOPER shall defend, indemnify and hold DISTRICT and CITY, their
respective officers, agents, employees and independent contractors free and harmless from any
claim or legal action whatsoever, based or asserted, pursuant to Article I, Section 19 of the
California Constitution, the Fifth Amendment of the United States Constitution or any other law
or ordinance which seeks to impose any other liability or damage caused by the diversion of the
waters from the natural drainage patterns, save and except claims and litigation arising through
the negligence or willful misconduct of DISTRICT or CITY, which claims shall be shared by the
parties on a pro rata basis based on their respective responsibilities. DEVELOPER shall defend
DISTRICT and CITY without cost to DISTRICT or CITY and upon DEVELOPER'S failure to
do so, DISTRICT and CITY shall be entitled to recover frol11 DEVELOPER all of their costs and
expenditures, including, but not limited to, reasonable attorneys' fees.
9. DEVELOPER for itself, its successors and asSIgnS hereby releases
DISTRICT and CITY, their respective officers, agents and employees from any and all claims,
demands, actions or suits of any kind arising out of any liability, known or unknown, present or
future, including, but not limited to any claim or liability, based or asserted, pursuant to Article I,
Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution
or any other law or ordinance which seeks to impose any other liability or damage, whatsoever,
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104797_6
for damage caused by the discharge of drainage within or from PROJECT. Nothing contained
herein shall constitute a release by DEVELOPER of DISTRICT or CITY, their officers, agents
and employees from any and all claims, demands, actions or suits of any kind arising out of any
liability, known or unknown, present or future, for the negligent maintenance of PROJECT, after
the acceptance of PROJECT by DISTRICT.
10. Any waiver by DISTRICT or by CITY of any breach of anyone or more of
the terms of this Agreement shall not be construed to be a waiver of any subsequent or other
breach of the same or of any other term hereof. Failure on the 'part of DISTRICT or CITY to
require exact, full and complete compliance with any terms of this Agreement shall not be
construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from
enforcement hereof.
11. If any provision in this Agreement (with the exception of Section IVA.) is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions will nevertheless continue in full force without being impaired or invalidated in any
way. Should it be held by a court of competent jurisdiction that any portion of Section IVA. is
invalid, void or unenforceable, the provisions of Government Code 65913.8(b) shall apply. It
shall, therefore, be determined that this fee is extended for a period of ten years, commencing
upon DISTRICT'S acceptance of PROJECT for ownership, operation and maintenance.
12. This Agreement is to be construed in accordance with the laws of the State
of California.
13. Any and all notices sent or required to be sent to the parties of this
Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
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104797_5
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERV A nON DISTRICT
1995 Market Street
Riverside, CA 92501
Butterfield Ranch Self Storage, Inc.
4 I 263 Margarita Road, Suite 100
Temecula, CA 92591
Attn: Mark P. Esbensen
City ofTemecula
Post Office Box 9033
Temecula, CA 92589-9033
Attn: William G. Hughes
14. Any action at law or in equity brought by any of the parties hereto for the
purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of
competent jurisdiction in the County of Riverside, State of California and the parties hereto
waive all provisions of law providing for a change of venue in such proceedings to any other
county.
15. This Agreement is the result of negotiations between the parties hereto and
the advice and assistance of their respective counsel. The fact that this Agreement was prepared
as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty
or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT
prepared this Agreement in its final form.
16. The rights and obligations of DEVELOPER shall inure to and be binding
upon all heirs, successors and assignees.
17. DEVELOPER shall not assign or otherwise transfer any of its rights, duties
or obligations hereunder to any person or entity without the written consent of the other parties
hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER
expressly understands and agrees that it shall remain liable with respect to any and all of the
obligations and duties contained in this Agreement.
18. The individual(s) executing this Agreement on behalf of DEVELOPER
hereby certify that they have the authority within their respective company(ies) to enter into and
execute this Agreement and have been authorized to do so by any and all boards of directors,
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104797_6
legal counsel and or any other board, committee or other entity within their respective
company(ies) which have the authority to authorize or deny'entering this Agreement
19. This Agreement is intended by the parties hereto as a final expression of
their understanding with respect to the subject matter hereof and as a complete and exclusive
statement of the terms and conditions thereof and supersedes any and all prior and
contemporaneous agreements and understandings oral or written, in connection therewith. This
Agreement may be changed or modified only upon the written consent of the parties hereto.
/!
/1
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104797_6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
APPROVED AS TO FORM:
lO~
::un C el
AL KIPNIS
Deput~unty Counsel
Dated . ~ J. D{
Cooperative Agreement: PM 33545
JPS:blj
3/20/06
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
MARION ASHLEY, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:
NANCY ROMERO
Clerk of the Board
By
Deputy
(SEAL)
- 17-
104797_6
I RECOMMENDED FOR APPROVAL: CITY OF TEMECULA
2 By By
WILLIAM G. HUGHES RON ROBERTS
3 Director of Public Works Mayor
4
APPROVED AS TO FORM: ATTEST:
5
6 By By
PETER M. THORSON SUSAN W. JONES
7 City Attorney City Clerk
8 (SEAL)
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19 Cooperative Agreement: PM 33545
JPS:blj
20 3/20/06
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104797_5
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BUTTERFIELD RANCH SELF
STORAGE, INC.
a California corporation
By
MARK P. ESBENSEN
President
(NOTARY)
Cooperative Agreement: PM 33545
JPS:blj
3/20/06
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
_A_ - '_A_A_A_ =- : ~ _.~.~.~A~.~.~ ~A~A~.A~A~A_'___
State of California
County of RIVERSIDE
On
L,-11-0S
Date
before me,
~
} ss.
personally
appeared
Mark P. Esbensen
Name{s)of Signer{s)
R,:::.".,:>rl ~ ~t:):::lrrh Nnr:;:ar~r Pl1hl; r
Name and IlIe of Officer (e.g., "Jane Doe, olary Public")
~ - - - - ~=sf:C"~-1
:s..: Notal'( PublIc . CaIIfomIO ~
l! RIveIsIde County
i _ _ _ ~~m:.~:a~l,::~i
Place Notary Seal Above
9iI personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tille or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer- Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer's Name:
D Individual
D Corporate Officer - Tille(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
~-.~-;.
@2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-F~ee 1-800-876-6827
Exhibit A
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Cooperative Agreement
Parcel Map 33545
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VICINITY MAP
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Cooperative Agreement
Parcel Map 33545
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Cooperative Agreement
Parcel Map 33545
1/1
ITEM NO.1 0
Approvals
City Attorney
Director of Finance
City Manager
J#('"
IJIL
9g
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Annual Purchase Agreement for FY2006-2007 for the Purchase of Asphalt
Products
PREPARED BY:
Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION: That the City Council approve the purchase agreement with CalMat
(dba Vulcan Materials Company) for the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for
street and pothole repairs in the amount of $75,000.00 and authorize the mayor to execute the
agreement.
BACKGROUND: Due to additional streets that have been annexed into the City and
streets that have been accepted City street maintenance system, the Public Works Maintenance
Division has experienced an increase in the number of streets and potholes that require repairs.
This results in an increase in the quantity of hot mix asphalt and SS 1 H tack needed to provide street
maintenance and repairs for the fiscal year 2006-2007. Therefore we are requesting that the City
Council approve the purchase agreement with CalMat, for Fiscal Year 2006-2007.
CalMat is currently a sole source vendor in the Southwest Riverside County for the purchase of hot
mix asphalt and SS 1 H emulsion tack which can only be purchased at two (2) plant locations in
Romoland and Corona.
FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2006-
2007 Operating Budget which is scheduled for adoption on June 13, 2006 for the Public Works
Maintenance Division for Routine Street Maintenance operating budget.
ATTACHMENTS:
Purchase Agreement
NON-EXCLUSIVE COMMODITY AGREEMENT
PUBLIC WORKS MAINTENANCE DIVISION
HOT MIX ASPHALT and SS1H EMULSION TACK
ANNUAL AGREEMENT
FY 2006-2007
CITY OF TEMECULA
THIS AGREEMENT is made and entered into as of May 23, 2006, by and between the City of
Temecula, a municipal corporation and CalMat (dba Vulcan Materials Company) (Vendor). In
consideration of the promises and mutual agreements herein contained, the parties hereto agree as
follows:
1. Purchase of Goods Intent of Parties. Vendor recognizes and agrees that this Agreement is for
the purpose of establishing a contractuai reiationship between the City and the Vendor for the non-
exclusive procurement of hot mix asphalt and emulsion as specified on Exhibit A, attached hereto and
incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive
and the City reserves the right to purchase similar goods from other vendors.
2. Term of Agreement. This Agreement shall commence on July 1, 2006 and shall terminate as
of June 30, 2007.
3. Payment. The City agrees to pay the Vendor for actual material ordered and received with an
annual not toe xceed a mount 0 f Seventy Five Thousand Dollars and No Cents ($75,000.00). City
acknowledges that the cost of the materials is variable and can rise or lower depending on market place
variable. The City may purchase up to the maximum value specified herein. Vendor will submit invoices
monthly for actual merchandise ordered and received by City. Invoices shall be submitted between the
first and fifteenth day of each month for merchandise purchased and accepted. Payment will be made
within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to
exceed purchase amount listed herein is an estimated expenditure and this Agreement does not
guarantee Vendor this amount in purchases.
4. Representations and Warranties of Vendor. Vendor makes the following representations and
warranties to City:
a. Authoritv 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 legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with
their respective terms.
b. Title and Ooeratinq Condition. Vendor has good and marketable title to all of the material.
All of the material is free and clear of any restrictions on or mortgages, liens, piedges, charges,
encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be
created or granted by City. Vendor warrants to the City, only that the materials soid hereunder shall be of
the quality specified in this Agreement. Vendor warrants to the City only that for a period of one (1) year
from the date of delivery that the materials sold hereunder substantially comply with City's specifications
for said materials. Seller hereby excludes all warranties of merchantability and fitness for any purpose,
and all other warranties expressed or implied, of the materials sold hereunder, other than express
warranty stated above.
c. Full Disclosure. None of the representations and warranties made by Vendor in this
Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact
necessary to make the statements made, in light of the circumstances under which they were made, not
misleading.
1
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5. Time and Place of Purchase of Material The date and time of delivery of the material shall be at
a mutually agreed upon schedule. City is to give Vendor a proposed schedule for delivery a reasonable
time before delivery is to be made. The material shall be picked up by the City at one of the business
locations as stated on the purchase order or at time of material order. Vendor's obligation to deliver is
subject to Vendor's prior express agreement regarding proposed schedule, and is further subject to the
availability of transportation and the availability of material.
6. Inspection and Acceptance. City shall inspect the material at the time and place of purchase.
Such inspection may include reasonable review by City. If in the determination of the City, the material
fails to conform to the composition required for usage, City shall so notify Vendor at the time of pick-up of
material by City. Failing such notice, the material shall be deemed accepted by City as of the date of
receipt.
7. Rejection. In the event of such notice of non-conformity by City pursuant to Section 7, City may,
at its option (1) reject whole of the material, (2) accept the whole of the material, or (3) accept any
commercial unit 0 r u nits/portions of the material a nd reject the remainder. The exercise of a ny of the
above options shall be "without prejudice" and will full reservation of any rights and remedies of City
attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all
reasonable instructions of Vendor and, In the event that expenses are incurred by City in following such
instructions Vendor shall be responsible for reasonable expenses incurred.
8. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees
that both the material 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 material or any part
thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from
Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor.
9. Non-Assignability. 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.
10. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the Work under this Agreement on behalf of the
ContractorlVendor shall at all times be under Contractor'slVendor's exclusive direction and control.
11. Legal Responsibilities. The Vendor shall keep itself informed of all local, S tate, and Federal
ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any
way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe
and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents,
employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to
comply with this section.
12. Indemnification. The Vendor agrees to defend, indemnify, protect and hold harmless the City,
its officers, officials, employees and volunteers from and against any and all claims, demands, losses,
defense costs or expenses, including reasonable, actual attorney fees and expert witness fees, or liability
of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may
be imposed upon them for injury to or death of persons, or damage to property arising out of negligent or
wrongful acts or omissions arising out of or in any way related to the performance or non-performance of
this Agreement. Vendor, however, shall not be obligated under this Agreement to indemnify City for the
negligence or willful misconduct of City or its agents or employees.
13. Termination or Suspension. This Agreement may be terminated or suspended at any
time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager,
without default or breach of this Agreement by the City. At such time of termination or suspension,
Vendor shall be entitled to payment for outstanding amount due Vendor for deliveries shipped prior to
City's termination or suspension of this Agreement.
2
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14. Survival of Representations 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.
15. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to
and cumulative of all other remedies and rights accorded the City under iaw or equity.
16. 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 ail other provisions of this Agreement be construed to
remain fully valid, enforceable, and binding on the parties
17. 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.
18. Entire Agreement. This is the entire agreement between the parties regarding the commodities
purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective
unless in writing and assigned by the parties to this Agreement.
3
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As To Form:
Peter M. Thorson, City Attorney
Vendor:
CalMat
(dba) Vulcan Materials Company
2400 W. Highland Ave.
San Bernardino, CA 92407
Phone: (909) 421-4162
Don Luna, District Sales Manager
John Gasparo, Area Sales Manager
4
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Exhibit A
Annual Purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for Street and Pot Hole Repairs
at market pricing to exceed amount for non-exclusive purchase of hot mix asphalt and SS1 H
emulsion tack is $75,000.00. This purchase amount listed herein is an estimated expenditure
and this agreement attached hereto as though set forth in full does not guarantee vendor this
amount in purchases.
5
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ITEM NO. 11
TO:
FROM:
DATE:
SUBJECT:
Approvals
City Attorney
Director of Finance
City Manager
V
/J12
~
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
William G. Hughes, Director of Public Works/City Engineer
May 23, 2006
Public Works Fiscal Year 2006-2007 Annual Maintenance Contracts
PREPARED BY:
Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION:
Fiscal Year 2006-2007:
That the City Council approve the Annual Maintenance contracts for
1. NPG, Inc. (aka Nelson Paving & Sealing) $ 50,000.00
2. Toran Development & Construction $ 50,000.00
3. Strong's Painting $ 50,000.00
4. Tiger Equipment Grading & Excavation $ 50,000.00
5. Rizzo Construction $ 50,000.00
6. Pacific Striping, Inc. $100,000.00
7. Becker Engineering $200,000.00
8. Rene's Commercial Management $200,000.00
9. Monteleone Development $200,000.00
10. Imperial Paving Co., Inc. $200,000.00
BACKGROUND: Each year the City enters into numerous citywide routine street and
storm drain maintenance contracts with various contractors that perform minor (small jobs)
maintenance work throughout the City. These jobs usually range in cost from over $1,000 to under
$25,000 and involve miscellaneous repairs to roadways, drainage areas, sidewalks, curbs, cutters,
storm drains, including excavation and emergency call-out. Nevertheless, each requires a contract
between the City and contractor. I n an effort to streamline these contractual requirements, staff has
taken measures to place under contract ten (10) contractors that are very capable of performing
routine jobs and emergency repairs with little notice.
FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2006-
2007 Operating Budget which is scheduled for adoption on June 13, 2006 for the Public Works
Maintenance Division Operating Budget for; Drainage Facility Maintenance; Routine Street
Maintenance; Old Town Repair & Maintenance; and Other Outside Services.
ATTACHMENTS:
Contracts
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006-2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23, 2006 by
and between the City of Temecula, ("City") and NPG, Inc. (aka Nelson Paving & Sealing)
("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties
agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is
approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
R:\maintain\workorders\master const\Annual Contract\2006-2007\NPG Annual Contract
6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of T emecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions ofthis Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
pOlicies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed byoron behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope, of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workrnan's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control: Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
s
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
NPG, Inc.
P.O. Box 1515
Perris, California 2572
(951) 940-0200
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
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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 T emecula, 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.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between
the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
NPG, Inc.
P.O. Box 1515
Perris, CA 92572
(951) 940-0200
Jeff S. Nelson, Owner
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the City ofTemecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Requestfor Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATE~
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&sd t.[lz~l.c(c ~
CONTRACT# 42- 01021
1354 JET WAY
P.O. BOX 1515
. PERRIS, CA 92572
PH. (760) 320-9600 Desert Division
PH. (951) 940-0200
FAX (951) 940-9192
Cont. Lie. #664779
ESTIMATE / PROPOSAL
We Handle All Phases of Asphalt
ESTIMATE TO (Client)
City of Temecula
43200 Business Park Drive
Temecula,California 92590.
. DATE: April 18, 2006
P~OJECT: Time & Material Sheet
LOCATION: Einergency Routine Maint.'
Temecula, California
Attention: Brad Buron
Telephone: 951-694-6411
Fax: 951-694-6475
Estimator: JeffS. Nelson
NELSON PAVING & SEALING (herdnafter called Contractor) quotes the following estimate to Client for furnishing the material, labor and
perfonning the work hereinafter specified, subject to the tenus and. conditions hereinafter set forth on reverse side of estimate.
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PAVING & GRADING
EQUIPMENT RENTAL RATES
GENERAL LABOR
Foreman
Raker I Laborer
Standard
63.00
60.00
Overtime
94.50
90.00
Double Time
126.00
120.00
OPERATORS
Paving Machine Operator
Screed Operator
Roller Operator
102.00
102.00
102.00
136.00
136.00
136.00
68.00
68.00
68.00
'Add Y, Overtime for Paving Machine Operator Fire Up
PAVING EQUIPMENT
02' Blaw Knox 181J Paving Machine (Rubber) 10' x 16'
NEW05' Cedar Rapids Paving Machine (Rubber) 8' x 16'
NEW 05' Cedar Rapids 561 Paving Machine (Track) 10' x 21'
BG 220 Paving Machine (Rubber) 10' x 12'
Automatics
Ski Control
Crew Truck I Form Truck
Asphalt Berm Machine
200 Gallons Tack Rig (plus emulsion)
Asphalt Roller OD-24 (3-5 Ton)
Asphalt Roller 00-28 (3-5 Ton)
Asphalt Roller Cat 534 (10-12 Ton)
Dirt Roller DD70 (Dirt Compaction)
10 Wheel Dump Truck Operated
NEW Oil DistributorTruck
HEAVY EQUIPMENT
NEW 05' John Deere Skip Loader Operated
NEW 05' John Deere 3 Yard Loader Operated
NEW 05' John Deere 770 Blade Operated
860A Scraper Operated
2000 Gallon Water Truck Operated
End Dump Operat~d
EQUIPMENT MOVES ,
Equipment Move - Paving Machine, Loader & Blade
Equipment Move - Roller & Skip Loader
Hour Rate
150.00
150.00
160.00
130.00
Oav Rate
200.00
300.00
270.00
350.00
250.00
300.00
300.00
475.00
375.00
75.00
Call For Pricing
95.00
125.00
130.00
125.00
70.00
80.00
FLAT RATE
600.00
350.00
. All labor and equioment wHl be Q.harged portal-to-portal
. 4 Hour Minimum Charge on all Equipment & Labor....AlleguipmentSubject to moves In lOut /2 H. ourShow Up Til1le
. Any time worked over~ hrs ischamed at OTrates,DT rates after 12 hrs.' of work. ... .. . ... ...... ....... ... ..... ..... .
. Saturday work will be charged alOT rates for the first 12 hrs, then Dr... Sunday & Night Work charged at DT, 6 HrMin.
. Prevailing wage/certified pay'roll- Add $ 8.00 per hr. to above laQorfoper~tor rates;. .. .. .... ... . .
. Total Amount of Invoice will be determined at end of work day With the above Time & Material Rates
. App'lying Equip'ment.Rental agreemelJt form must be signed atthe endof each work day by acting superintendent
.. Alllrivolces to be PaId Upon completion or ~~. agreed upon.
All rates subject to change without notice; . ... . ..............
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006-2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23, 2006 by
and between the City ofTemecula, ("City") and Toran Development & Construction ("Contractor").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between .the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure fOr assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though setforth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is
approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of Temecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by seNing upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall seNe the Contractor
with written notice of the default. The Contractor shall have (10) days after seNice upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. . LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons ordamages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (~O)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Norwill such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Con tractor 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.
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Toran Development & Construction
37110 Mesa Road
Temecula, California 92592
(951) 302-5965
Attention: Gary D. Clapp
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
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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.
27. 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.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Toran Development & Construction
37110 Mesa Rd.
Temecula, CA 92592
(951) 302-5965
Gary D. Clapp, Owner
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the City of T emecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director maytransmilthe RequestforWork
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
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37110 Mesa Rd.
Temecula, en. 92592
Teleplwne (909) 302-5965
Fax (909) 303-6583
RECEIVED
MAY 0 4 IOO~
UPDATED TlMEAND MATERIAL SHEET
CITY 0" Tt'MECUlJ,
PUBLIC WORKS DEPARTMENT
April 26, 2006
City of Temecula
43200 Business Park Dr.
Temecula, Ca. 92590
Att: J~ruce Wedeking.
It May Concern:
concerning an updated time and material sheet from our company-
w/truck- $79.50
Lahor- $67.75
All material is cost + 15%
2. Painting:
a. Light poles- $130.00 each
b. Map structures- $115.00 each
c. Boxes- $50.25 each
d. Arches- $300.00 each
e. Buss stop- $230.00 each
f. Telephone structure- $141.50 each
g.. Repaint restroom exterior only- $8,270.00
. . . . . . . . . . . . . . . . . . . . . . .
April 26, 2006
Page 2
3. Boardwalk (aprox. 20,000 sq.ft.)
a. Seal only- $1.95 sq.ft.
b. Sand any high, or bad spots- $.85 sq.ft.
c. Add wood plugs- $3.25 each
4. Clean, pressure wash and paint Main St. bridge- $6,830.00
5. Steam clean, pressure wash and seal coat with city supplied sealer 7,985 l.f. of city walk, curb
and gutter- $3.901.f.
6. Cut and add hardware to make old whiskey barrels into trash barrels- $200.00 each
Thank you for the opportunity to be of service to you.
Sincerely,
Gary D. Clapp
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006-2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23,2006 by
and between the City ofTemecula, ("City") and Strong's Painting ("Contractor"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is
approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of T emecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the.Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respeclto
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as selforth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590 .
Attention: City Manager
To Contractor:
Strong's Painting
31265 Saddleback Lane
Menifee, California 92584
(951) 679-4554
Attention: Gary Strong
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law forthe performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of T emecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
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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 T emecula, 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 Tille I of the Government Code of the State of California.
27. 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.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Strong's Painting
31265 Saddleback Lane
Menifee, CA 92584
(951) 679-4554
Gary Strong, Owner
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the City of T emecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmitthe Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance oflhe Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
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License # 687275
~) 679-4554
STRONG'S PAINTING
31265 SADDLEBACK LANE
MENIFEE, CA 92584
FAX (951)679-4554*51
April 19, 2006
City of Temecula
P.O. Box 9033
Temecula, Ca. 92589-9033
Attn: Brad Buron
Re: Time and Material Sheet
Strong's Painting has been in business for 30 years and is family owned
and operated. We specialize in interior/exterior painting, small drywall
repair, texturing, stucco repair, power washing, wallpaper removal and
hanging and light maintenance work.
We currently carry a $1,000.000.00 per occurrence policy naming the
City of Temecula as an additional insured and will send upon request.
We are also members ofthe Better Business Bureau and hold a state
contractors license.
Hourly rate: $40.00 per hour
Holiday and weekend rate: $55.00 per hour
Mark up on parts, materials and equipment is not more than 12%
Thank you,
RECEIVED
APR 2 1 2006
Gary Strong
Strong's Painting
CITY OF TEMEClJ\.A
ENGINEERING DEPARTMENT
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006-2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23,2006 by
and between the City ofTemecula, ("City") and Tiger Equipment Company, Inc. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is
approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one. year from date of
acceptance.
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6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of Temecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 ofthe Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of-any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to complywith reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, emplqyees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of T emecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Tiger Equipment Company, Inc.
35701 Avendia LaCresta
Murrieta, California 92562
(951) 600-7675
Attention: Mark Lacy
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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 attomeyfees
and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
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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 T emecula, 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.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between
the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Tiger Equipment Company, Inc.
35701 Avenida LaCresta
Murrieta, CA 92562
(951) 600-7675
Mark Lacy, Owner
8
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the City ofTemecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Requestfor Work". The Requestfor Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
9
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EXHIBIT B
LABOR AND EQUIPMENT RATES
10
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Tiger Equipment Company, Inc.
RECEIVED
MAY 0 1 2006
35701 Avenida LaCresta
Murrieta, CA 92562
(909) 600-7675 Office
(909) 215.0598 Mobile
(909) 600.4743 Fax
Contractor License #594189
CITY OF TEMECULA
PUBLIC WORKS DEPARTMENT
April 26, 2006
Mr. Brad Buron
Public Works Maintenance Superintendent
Public Works Department
43200 Business Park Drive
Temecula, CA 92590
Dear Mr. Buron,
Tiger Equipment Company is pleased to submit to the City OfTemecula our
qualifications for the City's emergency routine mainfenance agreement data base.
Tiger'~pent Company has been involved in several maintenance and new
installations for nearby Counties, Municipalities, developers and individual property
cOwners. We are a locally based excavation and grading company with extensive
experience in installing water treatmenf facilities, lift stations and main water line
extensions. We have conducted a number of projects under the State of California
Prevailing Wage Structure.
Attached are our Equipment Labor Rates, including a qualified operator together with the
mobilization rates for each equipment.
If you require additional information regarding our qualifications and experience in
excavation and installation services, kindly contact me directly on my Cell # (909) 215-
0598.
S;"=l~ . .
Mark Lacy ~
President
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CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006-2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23,2006 by
and between the City of Temecula, ("City") and Rizzo Construction, Inc. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Fifty Thousand Dollars and No Cents ($50,000.00) unless a higher amount is
approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractorshall
empioy, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
R:\maintain\workorders\master const\Annual Contract\2006-2007\Rizzo Annual Contract
6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of T emecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance SeNices Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance SeNices Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respectlo
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (Ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Rizzo Construction Inc.
P.O. Box 301
Temecula, California 92553
(951) 676-3001
Attention: Charlie Rizzo
23. ASSIGN MENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
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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 T emecula, 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.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between
the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Rizzo Construction Inc.
P.O. Box 301
Temecula, CA 92553
(951) 676-3001
Charles M. Rizzo, Owner
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the City ofTemecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
10
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RECEIVED
,
Rizzo
Construction Inc.
APR 1 9 2006
CITY OF TEMECULA
PUBLIC WORKS DEPARTMENT
PROPOSAL
GENERAL and INSULATION CONIRACfOR
BONDED . INSURED . LICENSE NO. 624315
P.O. BOX 301 TEMECULA . CA 92953
OFFICE: (909) 676-3001 . FAX: (909) 695-9210
TO: CITY OF TEMECULA
43200 BUSINESS PARK DR.
TEMECULA, CA. 92590
A TT: BRAD BURON
PROJECT V ARlOUS PROJECTS FOR
PUBLIC WORKS
CITY OF TEMECULA
TEMECULA, CA.
PHONE: 694-6411 FAX 694-6475
PHONE:
DATE:
2/21/06
SPECIFICATIONS: V ARlOUS PROJECTS GENERAL CONTRACT FISCAL YEAR 2006 - 2007
We propose to furnish all labor, material and equipment necessary to complete the following:
THIS PROPOSAL IS FOR V ARlOUS GENERAL CONSTRUCTION PROJECTS AND REPAIR WORK AT THE CITY OF
TEMECULA FACILITIES
PURCHASE ORDERS TO BE WRITTEN FOR EACH.
PROJECT THAT CAN BE QUOTED FOR AN EXACT AMOUNT SHELL BE DONE SO, OTHER PROJECTS SHALL BE ON A
TIME & MATERIAL PLUS 20% MARK-UP BASES.
LABOR RATES: REGULAR HOURS 6AMTO 5PM'" $ 57.00 PER HOUR
" " : NIGHT HOURS 5PM TO lAM = $65.00 PER HOUR
" " : WEEKENDS "'$76.00 PER HOUR
PREVAILING WAGE REPORTS SHALL BE BILLED AT $75.00 PER REPORT IF REQUIRED.
EQUIPTMENT RENTAL SHALL BE PER THE GOING RATE UPON A V AIBILITY OF THE EQUIPTMENT NEEDED PLUS
DELIVIERY & PICK-UP.
IF BUILDING & SAFETY REQUIRES DRAFTED DRAWINGS, THE CITY MUST PROVIDE THEM OR THEY WILL BE DONE
BY A ARCHITECT AND ENGINEER AT THEIR GOING RATE.
For the total sum of
(Sales Tax Included) Dollars
Terms: BILLING PER PROJECT, NET 30 DAYS
,
Performance of the work to be done in accordance with the best developed industry techniques.
The Company carries Workmans's Compensation and Public Liability and Property Damage Insurance
This bid is based on the current price of labor and material. If not accepted 10 days from date hereof, the right is reserved
llSi~it a new bid. 'If the services of an attorney be employed for the enforcement of any of the obligations of the purchaser, or of the
seller, either by suit or Othelivise, purchaSer agrees to pay reasonable attorney fees.
All orders accepted subjectto clearance byourcreditdepartrnent and subjectlo signature of an officer of the Company at our direction.
All agreements contingent upon strikes, accidents, acts of God, or other delays beyond our control.
NAME OF
OWNER
NAME OF
LENDER
BY
ACCEPTED
TITLE
DATE
<
City of Temecula
Public Works Department
43200 Business Park DriveoTemecuia. CA 925900Maiiing Address: PO. Box 9033 oTemecuia, CA 925B9-9033
1951) 694-641 1 0 Fax 1951) 694-6475
April 10, 2006
Rizzo Construction -.c.",c...,
Charlie Rizzo
3 () 1,-\5' ~ Corte Plata
Temecula, CA 92591
Dear Mr. Rizzo:
The City of Temecula, Public Works, Maintenance Division is requesting an updated Time and
Material Sheet from your company. The purpose of this request is to bring the City's emergency
routine maintenance cal1-out up to date. It is further intended after review of the Time and Material
Sheets the City may elect to enter into a one (1) year agreement for a not to exceed amount, depending
on your company's expertise and prices. The scope of work for this agreement will include the
emergency and routine maintenance jobs that are typical1y under $10,000 and need to be completed in
"-- short order. These jobs usual1y are categorized as excavation services but may extend into a general or
miscel1aneous maintenance area.
Before an agreement can be executed each contractor shal1 provide proof of insurance for Auto
Liability, Commercial General Liability (per occurrence $1,000,000) naming the City of Temecula as
additional1y insured and a Certificate of Worker's Compensation Insurance. The submitted Time and
Material Sheets will be used to establish a competitive price threshold for which anticipated
maintenance agreements can be executed.
The executedagreementwi!l require proofof State Department of Industrial Relations Prevailing Wage
and Certified Payrol1 documentation. If you are interested in this program, please submit .al1 paperwork
to the Public Works Department no later than 4:30 PM, Friday, May 12,2006
I am hopeful to get this program started by July I, 2005 so your quick response is appreciated. If you
have any further questions or need more information regarding. this matter, please contact me at (951)
694-6411.
Sincerely,
~'f,~
Brad Buron, Public Works Maintenance Superintendent
Cc: William G. Hughes, Director of Public Works/City Engineer
@printedOnRecycledPaper
R:\Maimain\wrkord\CONTRACT MASTER\2006-2007 Contractors Letter/ajp
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006-2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23, 2006 by
and between the City of Temecula, ("City") and Pacific Striping, Inc. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of T emecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates setforth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be One Hundred Thousand Dollars and No Cents ($100,000.00) unless a higher
amount is approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
R:\maintain\workorders\master const\AnnuaI Contract\2006-2007\Pacific Striping Annual Contract
6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of T emecula. 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 Sections 1773.8,1775,1776,1777.5,1777.6, and 1813 of the Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
2
R:\maintain\workorders\master const\Annual Contract\2006-2007\Pacific Striping Annual Contract
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers. agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
3
R:\maintain\workorders\master const\AnnuaI Contract\2006-2007\Pacific Striping Annual Contract
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
4
R:\maintain\workorders\master const\Annual Contract\2006-2007\Pacific Striping Alima! Contract
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
5
R:\maintain\workorders\master const\Annual Contract\2006-Z007\Pacific Striping Annual Contract
21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (Ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Pacific Striping, Inc.
P.O. Box 1691
Whittier, California 90609
(562) 945-7805
Attention: Scott Fisher
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City ofT emecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
6
R:\maintain\workorders\master const\Annual Contract\2D06-2007\Pacific Striping Annual Contract
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 ofTemecula, 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.
27. 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.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
7
R:\maintain\workorders\master const\Annual Contract\2006-2007\Pacific Striping Annual Contract
IN WITN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Pacific Striping, Inc.
P.O. Box 1691
Whittier, CA 90609
(562) 945-7805
Scott Fisher, Owner
8
R:\maintain\workorders\master const\Annual Contract\2006-2007\Pacific Striping Annual Contract
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the CityofTemecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Requestfor Work". The Request for Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
9
R:\maintain\wor~orders\master const\Annual Contract\2006-2007\Pacific Striping Annual Contract
EXHIBIT B
LABOR AND EQUIPMENT RATES
10
R:\maintain\workorders\master const\Annual Contract\2006-Z007\Pacific Striping Annual Contract
pacific.Sbiping Jne
'-P.O. Box 1691
WliUier, CA 90609
Uc. #485696
oacific.slrioinala:lverizon. net
562-945-7805
TIME AND MATERIALS SPREADSHEET
OWNER/CONTRACTOR:
WORK AUTHORIZED BY:
PROJECT
DESCRIPTION:
START DATE:
FINISH DATE:
COMPLETION
STATUS:
-~-~
-~
-~~
-~
-~
_ -'J!L
TotiJIlrlaterials:
_~ -E5.OO _ ~__$112.50 $0.00
$65.00 _ ~7..50 $0.00
$50.00 ~ $75.00 SO.OO
$45.00 __ ~$67.50 $0.00
$0.00
$0.00
_ _~ $0.00
$0.00
TOTAl. $0.00
CONSlRUCllON SIGNS
CONES
BARlCADES
TRASH BARRELS
SLIDE HAMMER
ARRO\o\lBOARD
MESSAGE BOARD
CLEAN UP TOOLS
PACIRC
(Markup 1n<;1uded)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SMALL TOOLS QTY UNIT RATE AMOUNT
Total Rental Equipment:
Tofal Subc0ntT8ct0t8:
PACJFIC REPRESENTlVE
DATE
$250.00 $0.00
$150.00 $0.00
-- $175.00 $0.00
_.~--~ $125.00 $0.00
$250.00 $0.00
$125.00 $0.00
$250.00 $0.00
$200.00 $0.00
$250.00 $0.00
-~- $125.00 $0.00
, $0.00
--
$0.00
$0.00
$0.00
$0.00
.-- $0.00
$0.00
$0.00
$0.00
-- $0.00
$0.00
$0.00
$0.00
$0.00
-~~- $0.00
TODIL. $0.00
HR ~1,75
HR _ $0.25
HR $5.00
HR ___$3.00
HR ~~~
HR ~. $SO.OQ.
HR --.--!!5.00
HR
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTSAL
S..Total:
$0.00
MATERIALS l'ncl Tax\ QTY UNIT RATE AMOUNT TRUCKING QTY UNIT RATE AMOUNT
PAINT
BEADS
. Bm.JMIOUS
REfLECTIVE MARKERS
NON REFLECTIVE MARKERS
SIGNS
lHERMOPlASllC
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
_ RENTAL EQUI8r'11ENT' OlY UNLT _RP.~E_ AMOUNT
$0.00
$0.00
$0.00
$0.00
$0.00
SUBCONTRACTORS QTY UNIT RATE AMOUNT
Total Trucking:
$0.00
$0.00
$0.00
$0.00
$0.00
Material, Trucking, Rental & Subs:
Suf>.SubTotIl:
"."'up (% and $):
SubTotal:
$0.00
$0.00
$0.00
GRAND lOTALS:
217 FWME STREET SUITE 2DO - CHICO. CAUFORNIA-95928
PHONE; (530) 343-9600 - FAX; (530) 3434245
15%
DATE
Tala' Cost wI IrIatkup:
Bond Fee (% and $):
TOTAL EXTRA WORK:
$0.00
$0.00
$0.00
OVl.tIIER'S REPRESENTATIVE
0.00%
RECEIVED
MAY 0 4 2006
CITY OF TEMECULA
PUBLlCWORKS DEPARTMENT
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006.2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23, 2006 by
and between the City of Temecula, ("City") and Becker Engineering ("Contractor"). In
consideration of the mutual covenants and conditions setforth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between .the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though setforth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
propedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher
amount is approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of T emecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and withoutfault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejUdice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) . General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 ofthe Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as setforth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shail be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subjectto inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (Hi) 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:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Becker Engineering
P.O. Box 890365
Temecula, California 92589-0365
(951) 712-2341
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
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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 Tille I of the Government Code of the State of California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between
the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
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IN WITN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Becker Engineering
P.O. Box 890365
Temecula, CA 92589-0365
(951) 712-2341
Walter K. Becker, Owner
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the CityofTemecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Requestfor Work". The Request for Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Requestfor Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
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BECKER
ENGINEERING
CA License # 683396-A
P.O. Box 890365 . Temecula, CA 92589-0365
(951) 712-2341
GENERAL
.
ENGINEERING
.
CONSTRUCTION
PROPOSAL & CONTRACT
OWNER / CONTRACTOR CITY OF TEMECULA/PUBlIC WORKS PHONE: 951-694-6411 I DATE: 25 APR 06
NAME: LEGAL JOB LOCATION:
BRAD BURaN
STREET: STREET:
43200 BUSINESS PARK DR.
CITY: TEMECULA I STATE: CA. CITY:
We propose to furnish all equipment and perform all labor necessary to complete the following:
AS PER YOUR LETTER OF REQUEST FOR NEW TIME AND MATERIAL RATES
DATED 10 APRIL 2006. PLEASE REVIEW PAGE #2
This contract does not include any damage or repairs to underground facilities not visible from the surface or otherwise
designated by owner / contractor and stated in this agreement. Any extra work or delays will result in contract reverting to Time
& Material.
All of the above work to be completed in a substantial and workmanlike manner according to standard practices for the sum
N/A
N/A
of
DOLLARS ($
)
Terms of Payment:
Any alteration or deviation from the above specifications involving extra cost of materials or labor will only be executed upon
written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made
in writing.
It is further understood and agreed that Workmen's Compensation and Public Liability Insurance will be provided, however,
coverage applies only to work actually perfo ed by Becker Engineering in accordance with terms and conditions of this
contract. Certificates ofInsurance will be fum' hed upon request.
AYSFROMTHEABOVEDATE.
TIDS PROPOSAL IS VALID FOR
Authorized Signature:
ACCEPTANCE OF PROPOSAL
In the event of customer failure to pay contract price, customer agrees to pay in addition to said contract price, reasonable
attorney's fees, costs, and interest for collection.
BECKER
~ENGRNEERRNG<
CA License # 683396-A
P.O. Box 890365. Temecula, CA 92589-0365
GRADING
.
PAVING
.
CONCRETE
.
DEMOLITIONS
PROPOSAL & CONTRACT-
LABOR RATES
S.T. O.T.
FOREMAN WITH 1 TON TRUCK
$ 71.85
$ 67.40
$ 55.90
$ 108.30
$ 98.20
$ 79.90
SUPERINTENDENT WITH 1 TON TRUCK
GENERAL LABORER
NOTE: THESE LABOR RATES REFLECT LATEST RAISES IN P.W. SCALE.
BARE EQUIPMENT
545 EXCAVATOR
331 BOBCAT EXCAVATOR
450 DOZER
SKIPLOADER
310 BACKHOE
763 BOBCAT
763 BOBCAT WI BREAKER
S-250 BOBCAT
S-250 BOBCAT WI BREAKER
BOBTAIL DUMP
1 TO 3 TON ROLLER
3 TO 5 TON ROLLER
VIBRATORY PLATE
WACKER TAMP
WATER TRUCK
D-4 DOZER
D-5 DOZER
D-6 DOZER
D-8 DOZER
12 G BLADE
14 G BLADE
AREA MOVE INS
$ 76.60 PER HOUR
$ 66.85 PER HOUR
$ 66.85 PER HOUR
$ 50.25 PER HOUR
$ 66.85 PER HOUR
$ 53.25 PER HOUR
$ 83.30 PER HOUR
$ 66.85 PER HOUR
$ 94.00 PER HOUR
$ 66.85 PER HOUR
$ 34.95 PER HOUR
$ 50.25 PER HOUR
$ 28.50 PER HOUR
$ 28.50 PER HOUR
$ 71.50 PER HOUR
$160.00 PER HOUR
$172.00 PER HOUR
$210.00 PER HOUR
$242.00 PER HOUR
$252.00 PER HOUR
$288.00 PER HOUR
$113.00
ALL MATERIALS AND RATES AT A.P.W. STANDARDS BOOK RATES
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006-2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23, 2006 by
and between the City of T emecula, ("City") and Rene's Commercial Management ("Contractor").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reseNes the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher
amount is approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual seNices performed.
Invoices shall be submitted between the first and fifteenth day of each month for seNices provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar seNices as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent tobe present on the
site during all work being preformed and to oversee and supeNise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and seNices shall be
furnished and work performed and completed SUbject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of Temecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees orvolunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Norwill such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except. certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Rene's Commercial Management
1002 Luna Way
San Jacinto, California 92583
(951) 487-0247
Attention: Rene B. Martinez Sr.
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over
the City of Temecula. In the event of litigation between the pa.rties concerning this Contract, the
prevailing party as determined by the Court, shall be entitled to actual and reasonable attomeyfees
and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
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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.
27. 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.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Rene's Commercial Management
1002 Luna Way
San Jacinto, CA 92583
(951) 487-0247
Rene B. Martinez Sr., Owner
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the CitY of T emecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
~
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Rene's Commercial Management
1002 Luna Way * San Jacinto, CA 92583 *
Tel (951) 487-0247 * Fax (951) 487-0479
CLIENT: City ofTemecula, CA
DATE: May 1,2006
TIME & MATERIAL RATES
FOR
JULY 2006 / 2007
WEED SPRAYING:
1) Pre-emergent Applications:
a) Sensitive Areas (Landscape areas):
b) Non-sensitive Areas (Roadsides):
$245.00/Ac
$225.00/Ac
2) Post-emergent Applications:
(Older, larger weeds, higher rates)
$175.00 - $195.50/Ac
NOTE: (1 mile = 5,280 ft. x 8 ft. wide = about 1 acre)
MECHANICAL WEED ABATEMENT:
Forman & Pick-up
Man / Equipment
Per Hour
$35.00
$28.00
Sat / +8 hrs.
$37.00
$32.00
Emerl!:encv Response Rate
$40.00
$37.00
GENERAL LABOR. TRASH PICK-UP. HAULING. ETC:
Per Hour
Sat. / +8 hrs.
Emerl!:encv Response Rate
Foreman & Pick-up $33.00
Per Man Hour $26.00
$37.00
$32.00
$40.00
$37.00
TRACTOR / MOWING:
Equipment with Operator: $75.00/Hr.
(Rate includes transportation cost)
(Minimum 3 Hours Charge)
All of these rates reflect current "Prevailing Wage and Certified Payroll".
Rene B. Martinez Sr. - Cellular Phone: (951) 830-0239 - 24 Hours
Rene's Commercial Management
1002 Luna Way * San Jacinto, CA 92583 *
Tel. (951) 487-0247 * Fax (951) 487-0479
CLIENT: City of Temecula, CA
DATE: May 1,2006
TIME & MATERIAL RATES
FOR
JULY 2006 / 2007
WEED SPRAYING:
1) Pre-emergent Applications:
a) Sensitive Areas (Landscape areas):
b) Non-sensitive Areas (Roadsides):
$245.00/Ac
$225.00/Ac
2) Post-emergent Applications:
(Older, larger weeds, higher rates)
$175.00 - $195.50/Ac
NOTE: (1 mile = 5,280 ft. x 8 ft. wide = about 1 acre)
MECHANICAL WEED ABATEMENT:
Forman & Pick-up
Man / Equipment
Per Hour
$35.00
$28.00
Sat / +8 hrs.
$37.00
$32.00
Emere:encv Response Rate
$40.00
$37.00
GENERAL LABOR. TRASH PICK-UP. HAULING. ETC:
Per Hour
Sat. / +8 hrs.
Emere:encv Response Rate
Foreman & Pick-up $33.00
Per Man Hour $26.00
$37.00
$32.00
$40.00
$37.00
TRACTOR / MOWING:
Equipment with Operator: $75.00/Hr.
(Rate includes transportation cost)
(Minimum 3 Hours Charge)
All of these rates reflect current "Prevailing Wage and Certifred Payroll".
Rene B. Martinez Sr. - Cellular Phone: (951) 830-0239 - 24 Hours
Rene's Commercial Management
1002 Luna Way * San Jacinto, CA 92583 * fill r.
Tel. (951) 487-0247 * Fax (951) 487-0479 U ..OPy
CLIENT: City of Temecula, CA
DATE: May 15,2005
TIME & MA TERIAL RATES
FOR
JULY 2005 / 2006
WEED SPRAYING:
1) Pre-emergent Applications:
a) Sensitive Areas (Landscape areas):
b) Non-sensitive Areas (Roadsides):
$225.00/Ac
$2l5.00/Ac
2) Post-emergent Applications:
(Older, larger weeds, higher rates)
$145.50 - $195.50/Ac
NOTE: (1 mile = 5,280 ft. x 8 ft. wide = about 1 acre)
MECHANICAL WEED ABATEMENT:
Forman & Pick-up
Man I Equipment
Per Hour
$31.50
$25.50
Sat / +8 hrs.
$34.50
$29.50
Emen!ency Response Rate
$38.35
$34.45
GENERAL LABOR, TRASH PICK-UP, HAULING, ETC:
Per Hour
Sat. / +8 hrs.
Emereency Response Rate
Foreman & Pick-up $31.50
Per Man Hour $23.50
$34.50
$26.00
$38.45
$34.35
TRACTOR / MOWING:
Equipment with Operator: $65.00/Hr.
(Rate includes transportation cost)
(Minimum 3 Hours Charge)
All of these rates reflect current "Prevailing Wage and Certified Payroll".
Rene B. Martinez Sr. - Cellular Phone: (951) 830-0239 - 24 Hours
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006-2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23, 2006 by
and between the City of Temecula, ("City") and Monteleone Contractors, Inc.("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
,
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates selforth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher
amount is approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of Temecula. 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 Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries topersons ordamages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or otherform with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be
covered as insureas as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees orvolunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of CoveraQe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
selfcinsurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to niake the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention.: City Manager
Monteleone Contractors, Inc.
39054 Camino Hermosa
Murrieta, California 92563
(951) 538-6537
Attention: Ryan Monteleone
To Contractor:
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the CityofTemecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
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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 T emecula, 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.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between
the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Monteleone Contractors, Inc.
39054 Camino Hermosa
Murrieta, CA 92563
(951) 538-6537
Ryan Monteleone, Owner
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the City ofTemecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Request for Work". The Request for Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
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Monteleone Excavating
25225 Wolcott CT
Wildomar, CA 92595
24 hour P82er (ill) 694 -7028
Office: (951) 677-8308
Cell: (951) 538-6537
Fax: (951) 304-1469
Time and equipment rate for 2006
Equipment
450 Dozer
D6LGP
D6H
824 Dozer
D8K Dozer
D8N Dozer
D8R Dozer
D10 Dozer
D9H Dozer
650 Excavator
400 Excavator
350 Excavator
220 Excavator
446 Backhoe
30 MF SkiplMower
450 C Loader
950 Loader
977 Loader
973 Track Loader
963 Track Loader
12 G Motor Grader
623 Scraper
860 Scraper
657 Push pun
637 E Push Pun
10 Wheel DumplPup
Hi-Side Semi
4,000 Gal/W Truck
Lowbed Truck
Foreman
Pick-Up
Grade Checker
Laborer
Rate per Hour
(Regular Rate)
Saturday/+8 Hrs.
(*Per Hour Overtime)
Holiday/Sunday
(Overtime Rate)
$125.00
$160.00
$135.00
$160.00
$180.00
$185.00
$185.00
$245.00
$225.00
$280.00
$183.00
$165.00
$145.00
$121.00
$87.50
$165.00
$165.00
$180.00
$175.00
$165.00
$135.00
$165.00
$140.00
$285.00
$265.00
$95.00
$95.00
$85.00
$110.00
$66.00
$46.00
$54.00
$46.00
$140.50
$175.50
$150.50
$175.50
$195.50
$200.50
$200.50
$260.50
$240.50
$295.50
$198.50
$180.50
$160.50
$136.50
$103.00
$180.50
$180.50
$195.50
$190.50
$180.50
$150.50
$180.50
$155.50
$300.50
$280.50
$111.00
$111.50
$100.50
$125.50
$81.50
$46.00
$69.50
$61.50
$156.00
$191.00
$166.00
$191.00
$211.00
$216.00
$216.00
$276.00
$256.00
$311.00
$214.00
$196.00
$176.00
$152.00
$118.50
$196.00
$196.00
$211.00
$206.00
$196.00
$166.00
$196.00
$171.00
$316.00
$296.00
$126.50
$126.00
$116.00
$141.00
$97.00
$46.00
$85.00
$77.00
*Note Overtime Wages Begin After 3:00 P.M. With A 6:00 A.M. Starting Time.
CITY OF TEMECULA
ANNUAL CONTRACT AGREEMENT
FISCAL YEAR 2006.2007
FOR
CITYWIDE MAINTENANCE
THIS MAINTENANCE CONTRACT, made and entered into as of May 23, 2006 by
and between the City ofTemecula, ("City") and Imperial Paving Company, Inc. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Contractor for the
future repair, improvement, maintenance upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
work. The work under this Agreement is non-exclusive and City reserves the right to hire other
contractors to perform similar work. The procedure for assigning work is set forth in Exhibit "A",
Scope of Work, attached hereto and incorporated herein as though set forth in full. The Director of
Public Works ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of
the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto
and incorporated herein as though set forth in full, the cost of materials approved by the Director
pursuant to the procedures set forth in Exhibit "A". The maximum amount of payment under this
Agreement shall be Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher
amount is approved by the City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth day of each month for services provided
during the previous month. The invoice shall describe the approved work assignment under which
the work has been performed. Payment shall be made within thirty (30) days of receipt of the
invoice as to all non-disputed fees. If the City disputes any of the Contractor's fees, it shall give
written notice to the Contractor within thirty (30) days of receipt of the invoice of the disputed fees on
the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Contractorshall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the
site during all work being preformed and to oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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6. WAIVER 0 F CLAIMS. On or before making final request for payment under
Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the City under or arising out of this Contract except those
previously made in writing and request for payment. Contractor shall be required to execute an
affidavit, release and indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of T emecula. 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 Sections 1773.8,1775,1776, 1777.5, 1777.6, and 18130ftheLaborCode. Pursuant
to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, 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 contract, by
him or by any subcontractor under him, in violation of the provisions of the Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence
of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, its officers, officials, employees and volunteers are to be .
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Contractor's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions ofthe policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of CoveraQe. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the District before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither the City nor any of its officers, employees or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the
City in any manner. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the City for purposes of letting this Contract out to proposal will
be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontractors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. 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.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and work preformed and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
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21. 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.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City:
City of T emecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Imperial Paving Company, Inc.
13555 E. Imperial Highway
Whittier, California 90605
(562) 523-0975
Attention: Fritz Coy
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City of
Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds
thereof during his/her tenure or for one year thereafter.
6
R:\maintain\workorders\master const\Annual Contract\2006-2007\Imperial Pave Annual Contract
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 T emecula, 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.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between
the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral orwritten, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
7
R:\maintain\workorders\master const\Annual Contract\2006-2007\Imperial Pave Annual Contract
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Imperial Paving Company, Inc.
13555 E. Imperial Highway
Whittier, CA 90605
(562) 523-0975
Fritz Coy, Secretary/Treasurer
8
R:\maintain\workorders\master const\Annual Contract\2006-2007\Imperial Pave Annual Contract
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Contractor for the future repair, improvement,
maintenance upon real and personal property of the City ofTemecula. Work will include emergency
repairs, emergency maintenance, maintenance work, and/or minor work. The procedure for
assigning work is set forth as follows:
1. Director of Public Works ("Director") or his designee shall submit to Contractor a written
"Requestfor Work". The Requestfor Work shall include a description of the work to be completed,
the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work and
specify the cost of material which will be required and the estimated cost of labor and equipment
necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit
"B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director
shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
9
R:\maintain\workorders\master const\Annual Contract\2006-2007\Imperial Pave Annual Contract
EXHIBIT B
LABOR AND EQUIPMENT RATES
10
R:\maintain\workorders\master const\Annual Contract\2006-2007\Imperial Pave Annual Contract
City of Temecula
PUBLIC WORKS DEPARTMENT
P.O. Box 9033
Temecula, CA 92589-9033
Alfn: BRAD BURON
Re: Time and Material Sheet
LABOR BREAKDOWN
All Labor $ 52.00 Per Hour
Overtime 1'h Time (After 8hrs/Saturdays) $ 78.00 Per Hour
Double Time 2 Time (Sunday/Holidays) $ 104.00 Per Hour
EQUIPMENT BREAKDOWN (DOES NOT INCLUDE LABOR)
Flatbed Truck with Compressor Mount $ 325.00 Per Day
Bob Tail Truck 9 - 11 Yards $ 315.00 Per Day
Concrete Flatbed Truck $ 300.00 Per Day
Dump Truck & Pup Trailer $ 390.00 Per Day
Air Compressor $ 150.00 Per Day
Water Truck $ 275.00 Per Day
Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum) $ 505.00 Per Day
Dump Truck with Skiploader & Trailer Combo $ 505.00 Per Day
10 - 12 Ton Roller including Trailer $ 250.00 Per Day
3 - 5 Ton Roller Including Trailer $ 245.00 Per Day
Berm Machine Minirnum Charge $ 150.00 Per Day
Bobcat with Bucket $ 500.00 Per Day
Bobcat with Grinder $ 550.00 Per Day
Arrow Board with Truck $ 250.00 Per Day
STANDARD SET (COMMON REPAIR CREW)
Four Man Crew
Skiploader
Dump Truck
3 - 5 Ton Roller
Flatbed with Compressor & Tools $ 2,600.00 Per Day
Less than 8 hrs. (2hr minimum) $ 400.00 Per Day
MATERIALS
Asphalt $ 55.00 Per Ton
Asphalt Plant Opening on Saturdays $ 1,000.00
Base Rock Closs II $ 12.50 Per Ton
Tack Material $ 1.75 Per Gal
Concrete $ 500.00 Min. Load
Concrete after 4 Yards $ 90.00 Per Yard
NOTE: ABOVE PRICES SUBJECT TO PUC CHANGE.
20% MARK UP ON SUBCONTRACTORS.
NOTE: IMPERIAL PAVING PROVIDES THE FOLLOWING SERVICES:
EXCAVATION, GRADING. PAVING, CONCRETE, SEAL COATING AND STRIPING.
(562) 944-0975 . (714) 523-4492 · (800) 634-3923 · Fax (562) 944-0984
ITEM NO. 12
Approvals
City Attorney
Director of Finance
City Manager
V
IJIl
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Lot Line Adjustment and Grant Deed Associated with the Old Town Temecula
Community Theater - Project No. PW02-23
PREPARED BY:
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION:
That the City Council:
1. Approve submission of a lot line adjustment between assessors parcel number 922-036-035
(Mercantile Building) and assessors parcel number 922-036-019 (Pottery Shop) and
authorize the City Manager to execute the lot line adjustment application on behalf of the
City.
2. Approve the conveyance of a portion of land from assessors parcel number 922-036-035
(Mercantile Building) to assessors parcel number 922-036-019 (Pottery Shop), and execute
the Grant Deed, included as part of the Lot Line Adjustment Package, conveying land from
the City to the EI Rancho Verde Trust (Jack and Wandelea Green trustees).
BACKGROUND: At the start of construction of the Community Theater it became
apparent that the actual property boundaries of the Theater and the Mercantile Building conflicted
with the physical location of existing boundary fences and it became known that the Children's
Museum structure encroached slightly into the adjacent parcel to the east (Pottery Shop) which is
owned by the Trustees of the EI Rancho Verde Trust (Jack & Wandelea Green). In addition, a
portion of the Pottery Shop storm runoff had historically drained through the Theater property into
Murrieta Creek and as a result we (City) were obligated to address this runoff with the Theater
improvements. Staff met and negotiated resolutions to numerous boundary and drainage issues,
the majority which are outlined in the attached Agreement executed administratively between the
City and owners of the Pottery Shop (Green) to resolve these issues and allow the project to move
forward as quickly as possible.
Under the Agreement the City agreed to execute a lot line adjustment thereby conveying 2.3 feet of
the western boundary of the Mercantile property to Green and Green agreed to execute a lot line
adjustment conveying approximately 0.2 feet of the western boundary of the Pottery Shop to the City
of Temecula Redevelopment Agency (recorded owner of the Children Museum property). The lot
line adjustment accepting conveyance of the property to the Redevelopment Agency (RDA) is an
item on tonight's RDA agenda. The City's conveyance of 2.3 feet along the western Mercantile
Boundary places an existing fence entirely on the Green parcel for their exclusive use and is offset
with the Green conveyance of approximately 0.2 feet which permanently resolves encroachment of
the Children's Museum unto the Pottery Shop and, although not stipulated in the Agreement, these
lot adjustments prompted Green to remove an encroachment of the Pottery Shop into the Theater
property well in advance of the fully executed Agreement which was critical to completing the
Theater project on time. The drainage issues outlined in the Agreement where addressed during
construction of the Theater. It should be noted that these lot line adjustments will not impact any of
the existing Community Theater improvements because the improvements were constructed to
conform to the new lot lines.
FISCAL IMPACT: There is no direct fiscal impact with the recommended actions. The
expenses forthe drainage improvements, preparation of the lot line adjustments and all Community
Theater improvements were budgeted in the Capital Improvement Project Budgetfor project PW02-
23, the Old Town Temecula Community Theater.
ATTACHMENTS:
1. Agreement between Green and City of Temecula
2. Lot Line Adjustment Application (PA05-0005) Package
WHEN RECORDED MAIL TO:
Susan Jones
City Clerk
CITY OF TEMECULA
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of No'lEM\3E.e 1- ,2004, by
and between the CITY OF TEMECULA, A Municipal Corporation ("City'') and Jack L. Green
and Wandalea Green, Trustees of the E1 Rancho Verde Trust ("Green").
RECITALS
A. City is the 9wner of those certain improved real properties located' in the City of
TemecuIa, County of Riverside, State of California, commonly known as Assessor Parcel
Numbers 922-036-020, and 922-036-031 (the "Theater Site"), and Assessor Parcel Number 922-
036-028 (the "Children's Musuem").
B. Green is the owner of that certain improved real property located in the City of
TemecuIa, County of Riverside, State of California, commonly known as Assessor's Parcel
Number 922-036-019 (the "Green Parcel").
C. City has made improvements to the Children's Musuem and is in the process of
constructing a Community Theater on the Theater Site. Collectively the Theater Site and
Children's Musuem surround the Green Parcel on three sides.
D. In order to set forth certain rights and obligations with respect to the Parcels, the
City and Green have agreed to the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
set forth herein, the City and the Green hereby agree as follows:
1. Drainage. City acknowledges that development of the Theater Site will impact
the existing drainage pattern of a portion of the Green Parcel. City will preserve the existing
drainage pattern on the Green Parcel by designing and constructing, at its sole cost and expense,
two (2) surface level catch basins at the northwest property line corners of the Green Parcel.
Once constructed the maintenance, operation or repair of the catch basins and collection piping to
its connection to the City system (the "Drainage System") shall be at the sole cost and expense of
Green. City also will design and construct a nominally dimensioned 4 inch by 4 inch wooden
Page 1 of5
post fence along the northwest property line of the Green Parcel inside the proposed new
property wall to be constructed on the Theater Site. Once the wooden post fence is constructed
maintenance or repair of the fence shall be the sole cost and expense of Green.
2. Southwest Boundary between the Green Parcel and the Children's Musuem.
The City has, at its sole cost and expense, surveyed the southwest boundary line between the
Green Parcel and the Children's Musuem and determined that the lot line between the parcels
needs to be shifted 0.20 feet (2.4 inches) to the northeast. The City has, at its sole cost and
expense, prepared a lot line adjustment to carry out this change. Green hereby agrees to approve
and cooperate with the City in carrying out the lot line adjustment.
3. Northeast Boundary between the Green Parcel and the Theater Site. The
City has, at its sole cost and expense, surveyed the boundary line between the Green Parcel and
the Theater Site and determined that the lot line between the parcels needs to be shifted 2.30 feet
(2 feet 3.6 inches) to the northeast. The City has, at its sole cost and expense, prepared a lot line
adjustment to carry out this change. Green hereby agrees to approve and cooperate with the City
. in carrying out the lot line adjustment. In addition, as part of this lot line adjustment Green
agrees to be solely responsible for maintenance and repair of the existing wooden fence parallel
with their northeast property line.
4. Right of Entry. Green hereby agrees to grant Right of Entry to the City and its
consultants and contractors to design and construct the aforementioned improvements on the
Green and City Parcels. The Right of Entry shall terminate upon completion of the
aforementioned improvements or July 31, 2005, whichever occurs fIrst.
5. Rights of Lenders. No breach or violation of the covenants herein shall defeat or
render invalid the lien of any mortgage, deed of trust or similar instrument hereinafter placed on
any of the Parcels securing a loan made in good faith and for value by a bona fIde third party
lender with respect to the financing of the Parcels or any portion thereof, or with respect to the
construction of improvements thereon.
6. Indemnity and Insurance. Each party hereto shall indenmify, defend, protect
and hold the other party, its tenants, officers, directors, members, partners, shareholders, fIrst
mortgagees, agents and employees hannless from and against any and all claims, proceedings,
lawsuits, liabilities, damages, injuries, deaths, losses, fines, penalties, judgments, liens (including
mechanic's and materialman's liens), awards, costs and expenses, including, without limitation,
reasonable attorney's fees and costs, that arise out of, or in any way relate to, the use of the
Easement by such party's tenants, subtenants, licensees, employees, agents, invitees, legal
representatives, successors and assigns. This indenmity shall survive the termination of this
Agreement.
7. Further Assurances. Each party agrees to execute and deliver all such further
documents and to take all such further actions as may be reasonably requested by the other party
to fully effectuate the terms and provisions of this Agreement, provided that such documents or
actions do not materially limit, reduce or impair the rights of the party upon whom such request
is made.
Page 2 of 5
8, Termination. This Agreement may not be terminated until all drainage
improvements and boundary fencing are completed and in place and the lot line adjustments have
been fully executed and recorded. After completion of the aforementioned, either party may
tenninate this Agreement by tendering a written 30 Day Notice of Termination to the other party.
9. Attorneys' Fees and Costs. ill any dispute between the parties regarding the
enforcement of any rights under this Agreement (regardless of whether or not litigation is
commenced between the parties), the prevailing party shall be entitled to receive from the non-
prevailing party any and all of the costs and expenses incurred by the prevailing party in
connection with the dispute, including, without limitation, reasonable attorneys' and consultants'
fees and expenses.
10. Notices. Any notice required or pennitted to be given hereunder shall be effective
only if given in writing, and sent by certified or registered mail, return receipt requested, postage
prepaid, overnight air courier, personal delivery or by facsimile or telecopier with written
evidence of successful transmission, addressed as follows:
If to City:
Director of Public Works
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Fax: (951) 694-6475
Phone: (951) 694-6411
If to Green:
Jack 1. Green
6035 Rainbow Heights Road
Fallbrook, CA 92028
Phone: (951) 676-3370
or to such other address as the parties may designate as its new address for such purpose by
giving notice to the other in accordance with this Section. Notice shall be deemed to have been
given three (3) days after the date it has been mailed in accordance with this Section if sent by
certified or registered mail, one (1) day after the date it has been delivered to the courier if sent
by overnight air courier, or upon the date facsimile transrnission is successfully made or personal
delivery is made if delivered personally, except that a notice of change of address of any party
shall be effective only upon receipt.
11. Amendment or Modification. This Agreement may not be modified or amended
except by a written agreement executed by all of the Owners.
12. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
13. Severability. The invalidity or unenforceability of any provision of this
Agreement with respect to a particular party or set of circumstances shall not in any way affect
Page 3 of 5
the validity or enforceability of any other provision hereof, or the same provision when applied to
another party or to a different set of circumstances.
14. Entire Agreement. This Agreement, including the Exhibits attached hereto,
contains the entire agreement with regard to the subject matter described herein and all prior
negotiations and agreements are merged herein.
15. Captions. The section headings or captions used herein are for convenience
only and are not a part of this instrument and do not in any way limit, define or amplifY the scope
or intent ofthe terms and provisions hereof.
16. Waiver. No waiver of a breach of any of these covenants and no delay or failure
to enforce any of these covenants shall be construed or held to be a waiver of any succeeding or
preceding breach of the same or any other of these covenants. No waiver of any breach
hereunder shall be implied from any omission by any party to take any action on account of such
breach if such breach persists or is repeated, and no express waiver shall affect a breach other
than as specified in said waiver.
17. Successors and Assigns. All covenants, conditions, easements and agreements
contained herein, including, without limitation, all benefits and burdens (a) shall run with the
Parcels for the benefit of all other Parcels; (b) are made for the direct, mutual and reciprocal
benefit of each and every part of the Parcels; and (c) shall be binding upon the heirs, successors,
assigns and tenants of the parties hereto.
18. No Dedication for Public Use. This Agreement is not intended to, and does not,
constitute a dedication for public use of all or any portion of the Easement or the Parcels, and the
rights granted herein are private and for the benefit only of the parties hereto and their respective
tenants, subtenants, licensees, employees, agents, invitees, legal representatives, successors and
assigns.
20. Counterparts. This Agreement may be signed in multiple counterparts which,
when signed by all parties, shall constitute a binding agreement.
Page4of5 .
IN WITNESS WHEREOF, the undersigned has executed this instrument as ofthe date
first above written.
CITY:
CITY OF TEMECULA, a Municipal
Corporation
Dated: I Z!I '-I/O L-I-, 2004
By:
GREEN:
Dated: //.~ ftr, 2004
E1 Rancho Verde Trust
// ack 1. Green, Trustee
I
I
dk4k~/Ue-->
Wandalea Green, Trustee
APPROVED AS TO FORM:
~
Peter M. Thorson, City Attorney
Page 5 of 5
STATE OF CALIFORNIA )
COUNTY OF ~z.<;>??>l:.., ~
. '. ~ I drb.~-2004, before me, }JAv1P.tf'..m;~.roJ , personally appeared
~I/~~ -14 6!Jif4) personally known to be (or proved me on the basis of
satisfactory evidence) to be the person( s) whose name( s) *are subscribed to the within
instrument and acknowledged to me that h.etshelthey executed the same in higlb;:r/their
authorized capacity(ies), and that by lH&Iher/their signature on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument. .
WITNESS n:yh~~ and_official seaL
f.-- ~- 1
DAVID B. THOMPSON '"
- NOT"'RY PU6L1C.C...L1FORNI....lP
$ COMM. NO. 12'1481& ~
'" . RIVERSIDE COUNTY
. MY CQMM. EXP. MARCH ~I, 200&
~
Date Stamp
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
(909) 694-6400 * FAX (909) 694-6477
APPLICATION FOR LOT LINE ADJUSTMENT
PROJECT INFORMATION
(INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED)
PLANNING APPLICATION NO. PA05-0005
DATE SUBMITTED
April 2006
REASON FOR LOT LINE ADJUSTMENT (Be Spooifio. A""'h Additimw S""" IfN"""'Yl To move the lot line between lots 4 and 5
northeast so the existing fence will be entirely within lot 4.
ASSESSOR'S PARCEL No. (Parcel A) 922-036-035
PROPERTY ADDRESS 42051 Main Street
ASSESSOR'S PARCEL No. (Parcel"'" 922-036-019
S
PROPERTy ADDRESS 42061 Main Street
(Use Additional Sheets if Necessary)
II
APPLICANT/OWNER INFORMATION
11
APPLICANT McBride
LAST
David
FIRST
E. PHONE (951) 694-6411
MI
Temecula CA 92589
OIT STATE ZIP
Shawn D. PHONE . (951) 694-6411
FIRST MI
Temecula CA 92589
CITY STATE ZIP
Jack & Wandalea PHONE (951) 676-3370
FIRST MI
Temecula CA 92590
OIT STATE ZIP
ADDRESS
43200 Business Park Drive
NUMBER STREET
PROPERTY OWNER (Parcell Nelson
LAST
ADDRESS
43200 Business Park_Drive
NUMBER STREET
PROPERTY OWNER (Parcel 2) Green
LAST
ADDRESS
42061 Main Street
NUMBER
STREET
I (We) certify that I arnJWe are the record owner(s) or authorized agent(s) for the record owner(s) and that the infonnation fIled
with this application is true and correct to the best of my (our) knowledge.
OWNER SIGNATURE (Parcel A)
Shawn D. Nelson, City Manager
Date
R:\CIP\PROJECTS\PW02\PW02-23 RDA Theater\Lot Line Adjustment PA05"()oo5completed.doc
1
CO-OWNER SIGNATURE (Parcel B)
.;r ~j! ~~
ck L. Green
Date
CO-OWNER SIGNATURE (Parcel B)
zP~"')#~
W andalea Green
4,//~~
Date
t.-)
~
o
R:ICIPIPROJECfSIPWOZIPWOZ-Z3 RDA TheaterlLot Line Adjustment PAOS.QOOScnmpleted.doc
Z
.......
state of:
County of:
on.lJt~ ;'1, ~O? before m~' A/ #':~/J1db-u
q/~~
, personally knm~n to me on
(] proved to me on the basis of satisfactory evidence to
be,the person(s) whose name(s) is/are subscribed to the
Idtllin instrument and acknmvledged to me that he/she/they
executed the Sllme in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed thE! instrument.
WITNESS my hand and official seal,
c;j;JU4 2({,,~
DESCRIPTIOpl OF ATTACHED DOCUHENT
FREDDIE lEE MILLER
Commission # 1430359
Notc:y Public - California ~
Riverside County
MV Comm. Expires Jul J 1,2007
When Recorded,
Return Original To:
TillS SPACE TO BE USED BY COUNTY RECORDER'S OFFICE ONLY
City of Temecula
Attn: City Clerk
P.O. Box 9033
Temecula, CA 92589-9033
and Return Copy To:
NOTICE OF LOT LINE ADJUSTMENT
Assessors Parcel Numbers of Existin Parcels
ShaWIi D. Nelson, City Manager
Cit of Temecula
922-036-035
Jack L. Green, Co-Owner
922-036-019
WandaleaGreen, Co-Owner
922-036-019
Legal Description of Adjusted Parcel(s)
See Exhibit "A", attached hereto
and printed name(s) of Record Owner(s)
DEPARTMENT USE ONLY
This Notice of Lot Line Adjustment No.
is hereby approved.
Date
~~/
. -
CITY OF TEMECUlA
By:
Debbie Ubnoske, Director of Planning
Attest:
Susan W. Jones, CMC, City Clerk
Attach Appropriate Notary Acknowledgement Form(s) for all signatures
R:ICIPIPROJECfSIPW02IPWOZ-Z3 RDA TheaterlLot Line Adjusbnent PAOS-OOOScnmpleted.dnc
4
April 25, 2006
PAGE 1 OFl
EXHIBIT "A"
LEGAL DESCRIPTION
LOT LINE ADJUSTMENT NO. PA 05-0005
LOT"A"
LOT 4 AND LOT 5 IN BLOCK 27 OF THE TOWN OF TEMECULA AS SHOWN BY MAP
ON FILE IN BOOK 15, PAGE 726, RECORDS OF SAN DIEGO COUNTY, TOGETHER
WITH THAT PORTION OF AN ALLEY AS ABANDONED BY A RESOLUTION OF THE
BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, RECORDED APRIL 23, 1979
AS INSTRUMENT NUMBER 80863, OF OFFICIAL RECORDS OF SAID COUNTY AND
THAT PORTION OF THE NORTHWEST 10 FEET OF MAIN STREET AS ABANDONED
BY RESOLUTION NUMBER 75-104, RECORDED APRIL 23,1975 AS INSTRUMENT
NUMBER 46491, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTHWESTERLY 22.30 FEET OF SAID LOT 4.
CONTAINING: 4,430 SQUARE FEET, 0.10 ACRES MORE OR LESS.
LOT "B"
THE SOUTHWESTERLY 22.30 FEET OF LOT 4 IN BLOCK 27 OF THE TOWN OF
TEMECULAAS SHOWN BY MAP QN FILE IN BOOK 15, PAGE 726, RECORDS OF
SAN DIEGO COUNTY, TOGETHER WITH THAT PORTION OF AN ALLEYAS
ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF
RIVERSIDE, RECORDED APRIL 23, 1979 AS INSTRUMENT NUMBER 80863 OF
OFFICIAL RECORDS OF SAID COUNTY AND THAT PORTION OF THE
NORTHWEST 10 FEET OF MAIN STREET AS ABANDONED BY RESOLUTION
NUMBER 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT NUMBER 46491,
OFFICIAL RECORDS OF SAID COUNTY. .
CONTAINING: 3,568 SQUARE FEET, 0.08 ACRES MORE OR LESS.
THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND
THEREBY BEING MADE A PART HEREON.
PREPARED UNDER THE SUPERVISION OF:
~~ 41T-Jfi~6
~KEVIN B. C ZAD
REGISTERED CIVIL ENGINEER NO. 26159
EXPIRES: 03-31-2008
G:\A002201\dwg\LLA\LEGALS\PARCEL A revised.doc
EXHIBIT B
LOT LINE ADJUSTMENT NO. PA05-0005
w----~
I \+, 6
I <0"'"
N45'31'00"E 159.99'
'in~ ~ /l 5 LOT
POINT Of BEGINNING -18 N:;:j I ^ .r]) NEW LOT LINE
lHlS ADJUSTMENT y-m eo N45'31'00"W 160.00'
~~tfN~ERlY r<) 0 1""= OLDLOT LINE T II
- - PARCEL UNES TO -J8=-1' N N N LOT "B" 4 r.v-' g
BE REMOVED N
ADJACENT PARCEl.. -
- - & R.O.W. UNES
0 -J6
-J1
SCALE 1"=40'
LEGEND
P.O.B
?Ol
N.T.S. NOT TO SCAlE
it VACATED BY RES. NO. 79-68- I
REC. 4-23-1979, 15 INST. NO. ?-J I
80863 O.R. RESERVING AN ~
EASEMENT fOR PUBUC SERVICE
fACILITIES -
& VACATED BY RES. NO. 75-104 .r).r) I
REC. 4-23-197515 INST. .c..c.
NO. 46491, O.R. RESERVING AN
EASEMENT FOR PUBLIC SERVleE--
fACILITIES
o SOU1HWESTERLY UNE Of
PARGa DESCRIBED IN CERr. >- Cl I
Of COMPlIANCE NO. wi=!.
PA 01-0205 REC. 6-19-2001 :::l ('j
15 INST NO. 276743, O.R. "'" "'"
(TO BE REMOVED) 0'2:-
@ SOUlHWESTERLY UNE Of
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( ) INDICATES RECORD DATA
PER t.fAP Of TEMECULA
MB 15/726
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RECORD OWNER PARCEl.. A
COY Of IDIECULA
PO BOX 9033
TEMECUlA, CA. 92589
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RECORD OWNFR PARCEL B
JACK L GREEN & WANOALEA GREEN
6035 RAINBOW HEIGHTS RO.
fALLBROOK, CA. 9202B
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LOT LINE ADJUSTMENT PA05-0005
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TEL (951) 652-4454 . FAX (951) 766-8942
[-MAIL kbcozod@kbcozad.com
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RECORDING REQUESTED BY
City Clerk
City ofTemecula
Post Office Box 9033
Temecula, California 92589-9033
AND WHEN RECORDED MAIL TO
City Clerk
City ofTernecula
Post Office Box 9033
Ternecula, California 92589-9033
The undersigned declares that the DOCUMENTARY TRANSFER TAX is
None. Public Agency exempt per Revenue and Taxation Code ~ 11922
Exempt from Recording Fee per Gov!. Code * 27383
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF
TEMECULA, a municipal Corporation as Grantor, hereby grants and conveys to JACK L. AND W ANDALEA
GREEN TRUSTEES OF THE EL RANCHO VERDE TRUST, Grantee, a portion of the real property located in
the City of Temecula, County of Riverside, California, and more particularly described as foIlows:
See Lot B of Exhibits "A" and "B" of Lot Line Adjustment No, P A05-0005 attached hereto.
This document is being recorded pursuant to Lot line Adjustment No. P A05-0005 approved the City Council of
the City of Temecula on , 2006.
IN WITNESS WHEREOF, this instrument has been executed this
day of
,2006.
GRANTOR
By:
Name: Ron Roberts
Title: Mavor
ATTEST:
Susan Jones, City Clerk
825272.1
Apri!25,2006
PAGE 1 OF!
EXHIBIT "A"
LEGAL DESCRIPTION
LOT LINE ADJUSTMENT NO. PA 05-0005
LOT "A"
LOT 4 AND LOT 5 IN BLOCK 27 OF THE TOWN OF TEMECULA AS SHOWN BY MAP
ON FILE IN BOOK 15, PAGE 726, RECORDS OF SAN DIEGO COUNTY, TOGETHER
WITH THAT PORTION OF AN ALLEY AS ABANDONED BY A RESOLUTION OF THE
BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, RECORDED APRIL 23,1979
AS INSTRUMENT NUMBER 80863, OF OFFICIAL RECORDS OF SAID COUNTY AND
THAT PORTION OF THE NORTHWEST 10 FEET OF MAIN STREET AS ABANDONED
BY RESOLUTION NUMBER 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT
NUMBER 46491, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTHWESTERLY 22.30 FEET OF SAID LOT 4.
CONTAINING: 4,430 SQUARE FEET, 0.10 ACRES MORE OR LESS.
LOT"B"
THE SOUTHWESTERLY 22.30 FEET OF LOT 4 IN BLOCK 27 OF THE TOWN OF
TEMECULAAS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726, RECORDS OF
SAN DIEGO COUNTY, TOGETHER WITH THAT PORTION OF AN ALLEY AS
ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF
RIVERSIDE, RECORDED APRIL 23,1979 AS INSTRUMENT NUMBER 80863 OF
OFFICIAL RECORDS OF SAID COUNTY AND THAT PORTION OF THE
NORTHWEST 10 FEET OF MAIN STREET AS ABANDONED BY RESOLUTION
NUMBER 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT NUMBER 46491,
OFFICIAL RECORDS OF SAID COUNTY.
CONTAINING: 3,568 SQUARE FEET, 0.08 ACRES MORE OR LESS.
THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND
THEREBY BEING MADE A PART HEREON.
PREPARED UNDER THE SUPERVISION OF:
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-KEVIN B. C ZAD
REGISTERED CIVIL ENGINEER NO. 26159
EXPIRES: 03-31-2008
G:IA002201\dwg\LLA\LEGALS\PARCEL A revised.doc
EXHIBIT B
LOT LINE ADJUSTMENT NO. PAD5-DDD5
W1-\C- :
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N45'3"00"E 159.99'
:;;:;-~ ~ /\ 5 LOT
POINT OF BEGINNING -W ~ ~ I ^ J'l> NEW LOT LINE
THIS ADJUSTMENT ~ eo N45'3"00"W 160.00'
SUBJECT PROPERlY ........-. - ::::. I --r
PARCEl UNES _j r\ N ""' b I ~ OLD LOT LINE 0.)--' I
- - PARCEl UNES TO ....~tI N N LOT "B" 4 ~
BE REMOVED N .. .
ADJACENT PARCEl -
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LEGEND
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N.T.S. NOT TO SCAlE
& VACATEO BY RES. NO. 79-68 - I
REC. 4-23-1979, I>S INST. NO.? -J I
B0863 O.R. RESERVING AN ~
EASEMENT FOR PUBUC SERVICE
FACIUTlES -
& VACAlED BY RES. NO. 75-1 D4 r) r) I
REC. 4-23-1975 I>S INST. L.L.
NO. 46491, O.R. RESERVING AN
EASEMENT FOR PUBUC SERV1eE--
FACIUTlES
o SOUTHWESTERLY UNE OF ~
PARCEl DESCRIBED IN CERT. >- Cl
OF COMPLIANCE NO. w wI-
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PA 01-0205 REC. 6-19-2001 -' <(
I>S INST NO. 276743, O.R. :,,:, <(>u
(TO BE REMOVED) ~ ~
@ SOUTHWESTERLY UNE OF
LOTS PER MB 15/726
( ) INDICATES RECORD DATA
PER MAP OF lEMECULA
MB 15/726
RECORD OWNER PARCEL A
cnv OF lEMECULA
PO BOX 9033
lEMECUlA, CA 92589
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RECORD OWNER PARCEl B
JACK L GREEN ole WANDALEA GREEN
B035 RAINBOW HEIGHTS RD.
FALLBROOK, CA 92028
CIVIL / STRUCTURAL ENGINEERS
MUNICIPAL CONSULTANTS / PlANNERS
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LOT LINE ADJUSTMENT PA05-0005
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151 South Girard Street . Hemet, Co 92544
TEL. (951) 652-4454 . FAX (951) 766-6942
E-MAIL kbcozod@kbcozod.com
SHT. 2 OF 2
CERTIFICATE OF ACCEPTANCE
GRANT DEED
This is to certifY that the interest in real property conveyed by the within deed or grant to Jack L. and Wandelea
Green, Trustees of the EI Rancho Verde Trust, is hereby accepted by Jack L. and Wandelea Green under the
authority of the El Rancho Verde trust and the Grantee consents to the recordation thereof.
EL RANCHO VERDE TRUST
Dated:
825272.1
~/l7~'
,2006
By:
By:
~~"'e~
Jack L. Green, Trustee
~~~~'-,J
Wandelea Green, Trustee
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATEOF~. :
COUNTY OF <- M' ) ,
On ~ J.'l. .;:LOt>? before ~..t."{~ /}1 ~no~public in and for
said County and State, personally appeared JA de. L ~ 6 A . . a.....L itl o..u.l...W~wn to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instnunent and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instnunent the person(s), or the entity upon behalf of
which the person(s), acted, executed the instnunent.
WITNESS my hand and official seal.
FREDDIE LEE MILLER
Commission # 1430359
Notc~ Public - California ~
Riverside County
My Comm. Expires Jul31 , 2007
~~ /J?~
(Signature of Notary Public)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
)
COUNTY OF )
On before me, , a notary public in and for
said County and State, personally appeared personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instnunent and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instnunent the person(s), or the entity upon behalf of
which the person(s), acted, executed the instnunent.
WITNESS my hand and official seal.
825272.1
(Signature of Notary Public)
ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
JM.r-
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Property Agreement - Pauba Road Improvements, Phase II,
Project No. PW 00-09
PREPARED BY:
Amer Attar, Principal Engineer
Carol A. Chiodo, Property Agent
RECOMMENDATION: That the City Council approve the All-Inclusive Settlement and
Encroachment Agreement and General Release ("Agreement") substantially in the form attached
hereto in the amount of $100,000 between the City of Temecula and Mr. and Mrs. Lloyd Knight for
that property located at 31089 Pauba Road.
BACKGROUND: On January 11, 2005 the City Council approved the Construction
Plans and Specifications and authorized the Department of Public Works to solicit construction bids
for the subject project. This project will widen Pauba Road to its ultimate width from Margarita Road
to east of Showalter Road. This project included asphalt pavement, curb, gutter, sidewalk,
asphalt/concrete berm, drainage facilities, a new waterline and striping for access to the new library
site.
Prior to incorporation of the City of Temecula, the County of Riverside issued building permits which
allowed for the homes to be constructed in close proximity to the ultimate right-of-way even though it
was defined at the time the residences were constructed. The street widening required
modifications to the existing driveways of four (4) homes along Pauba Road to accommodate
access and they were affected to varying degrees. The change in grade on the driveway located at
31089 Pauba Road impacted access to the garage. The Department hired an architect to evaluate
the impact of the project on the garage and evaluate how to resolve the access issues. The solution
was to extend the garage by approximately eight (8) feet and change the orientation of the garage
opening from northerly (facing the street) to easterly. The architect solicited two independent
contractors to prepare a cost estimate for the extension to the garage and changing the orientation
of the garage opening.
The average of the two cost estimates provided is $100,000. This includes all design and
construction related costs. The attached Agreement provides for the payment of $100,000 to the
owners, Mr. and Mrs. Knight ("Property Owners") as the total settlement for all costs related to the
construction of the extension to the garage. The Property Owners will be solely responsible for all
contracting, construction, permitting and related services in connection with the proposed extension
of the garage and reorienting the garage opening.
In an effort to accommodate the proposed extension to the garage, the City has agreed to construct
the required retaining wall immediately behind the sidewalk rather than on the property line. This will
result in an encroachment onto the public right-of-way ("Encroachment Area"). The Agreement
requires that the property owner assume responsibility for maintaining the Encroachment Area as
well as assume all liability for the Encroachment Area.
FISCAL IMPACT: The Pauba Road Improvements-Phase II Project, Project No. PW 00-
09 is a Capital Improvement Program projectfunded through the Development Impact Fees- Street
Improvements and Measure A. Adequate funds are available in the project construction account no.
210-165-606-5804 to cover the cost of this Agreement.
ATTACHMENTS:
Release
All-Inclusive Settlement and Encroachment Agreement and General
ALL INCLUSIVE-SETTLEMENT AND ENCROACHMENT AGREEMENT AND
GENERAL RELEASE
This All-Inclusive Settlement and Encroachment Agreement and General Release
("Agreement") is made and entered into on , 2006, by and between the CITY
OF TEMECULA, a municipal corporation in the County of Riverside, State of California
(referred to below as the "City") and LLOYD AND KAREN KNIGHT (referred to below as
"Property Owners"). The City and Property Owners are referred to below collectively as the
"Parties".
RECITALS
A. Lloyd and Karen Knight are the record owners of the real property commonly
known as 31089 Pauba Road, Temecula, California, and identified as Riverside County
Assessor's Parcel Number 945-090-013 (referred to below as the "Property").
B. An easement for street and public utility purposes on Lot A of Parcel Map No.
22602 was dedicated to the County of Riverside pursuant to Parcel Map No. 22602 and the
Parties acknowledge that the City is now the successor-in-interest to said easement ("Subject
Easement").
C. The City plans to improve and widen Pauba Road to its ultimate 88-foot width
within the street easement area dedicated pursuant to Parcel Map No. 22602 ("Proposed
Proj ect"), consistent with the secondary arterial standards set forth in the Circulation Element of
the General Plan.
D. The Parties acknowledge that the construction ofthe Proposed Project will impact
the garage located on the Property and the Parties wish to enter into this Agreement to resolve all
issues between them in connection with the construction ofthe Proposed Project and the impact
of the Proposed Project on the Property.
AGREEMENT
1. Property Owners and City agree that the recitals discussed above are incorporated
herein as if set forth in full.
2. The Property Owners warrant that they are the sole fee owners of the Property.
3. The City warrants that it is authorized to enter into this Agreement.
4. Background Information and Terms of Agreement.
a. The Parties acknowledge that the County of Riverside issued a building
permit for the construction ofthe existing single-family residence on the Property at
some time after Parcel Map No. 22602 was recorded in the Official Records of the
Riverside County Recorder's Office and that the City did not have jurisdiction over said
Property at the time of issuance of said permit.
b. The Parties acknowledge that the construction ofthe Proposed Project on
the south side ofPauba Road requires that the City grade several driveways, including the
driveway to the Property, to allow for access into the properties in order to match the
existing grade on the north side ofPauba Road.
c. The Parties acknowledge that the grading of the driveway on the subject
property required by the construction of the Proposed Project in the existing street right-
of-way easement area will impact the Property Owners' access to the existing garage on
the Property. The City and Property Owners discussed the impact of the Proposed
Project on the garage and access issues relating to the construction of the Proposed
Project. An architect was retained to evaluate the impact of the Proposed Project on the
Property and to design an extension to the garage to ensure the Property Owners have full
access to the garage and their Property in the after condition. The Property Owners
further acknowledge that they met with the City, the architect, and contractors regarding
the proposed extension of the garage and that they are satisfied that the proposed
extension of the garage would resolve their concerns regarding access issues in
connection with the construction ofthe Proposed Project.
d. The Parties acknowledge that based on the proposed plans for the
extended garage, the comer ofthe extended garage will be located approximately 4.8 feet
from the right-of-way line, with 6 feet of parkway. The comer of the extended garage
will be located approximately 10.8 feet from the sidewalk.
e. Property Owners agree that the payment by the City ofthe total settlement
sum of $ 100,000.00 (One Hundred Thousand Dollars) discussed below in Section 6 of
the Agreement does not imply consent on the part of the City for approval of any plans
regarding the Property and the proposed garage extension that the Property Owners will
submit to the City for processing. Property Owners further agree that they are
responsible for submitting any plans regarding the Property and the proposed extension
of the garage to the City's Planning Department for processing.
f. Property Owners agree that they are solely responsible for all contracting,
construction, permits and related services in connection with the proposed extension of
the garage and access issues relating to the Property.
5. Permitted Encroachment. As part of the construction of the Proposed Project, the
City agrees to place the retaining wall that will be constructed on the Property at the interior edge
of the sidewalk rather than at the right-of-way line to allow the Property Owners additional space
to back out of the garage. The Parties acknowledge that said construction ofthe retaining wall
and use of the right-of-way area by the Property Owners will result in an encroachment into the
City's right of way.
a. The City hereby grants to the Property Owners, and their successors, and
assigns, subject to the requirements and limitations set forth in this Agreement, to enter
2
upon, encroach upon, and use approximately _ feet of the City's right-of-way area to
the interior edge of the sidewalk ("Encroachment Area"), legal description attached
hereto as Exhibit "A", for access and/or landscape purposes
b. Property Owners agree that they will use the Encroachment Area in a
manner consistent with the City's rights in the street right-of-way, and further agree that
they will not place any permanent facilities or structures in the Encroachment Area. The
Property Owners further agree that they will not use the Encroachment Area in any
manner that would impair the City's street right of way.
c. Property Owners agree that they are responsible for maintaining the
Encroachment Area in accordance with maintenance standards approved by the Director
of Public Works.
d. The Parties acknowledge that the Property Owners and their successors
and assigns shall be entitled to use the Encroachment Area as long as the existing single-
family residence remains on the Property. The Property Owners acknowledge that they
or their successors and assigns will be required to comply with Subsection G. of Section
17.03.070 of the City ofTemecula's Municipal Code relating to Restoration of Damaged
Structures ifthe existing single-family residence on the Property is damaged or
destroyed.
6. All-Inclusive Settlement. The Agreement is intended by Property Owners and the
City to be an all-inclusive settlement agreement, encroachment agreement, and general release
including, without limitation, of any and all claims relating to the impact ofthe Proposed Project
on the Property, costs relating to the actual physical construction ofthe Property Owner's
extension of the garage on the Property, architectural fees, contractor fees, permit fees, claims for
severance damages, if any, to the Property as a result ofthe construction of the Proposed Project,
claims for inverse condemnation, access, de facto taking, damages for violation of civil or
constitutional rights, costs, attorneys fees, and all other claims relating to the City's construction
ofthe Proposed Project and the impact ofthe Proposed Project on the Property.
a. The Property Owners agree that the $100,000.00 (One Hundred Thousand
Dollars) discussed herein is the total all-inclusive settlement amount agreed to between
the Parties, regardless ofthe actual final costs the Property Owners may incur in
connection with the construction of the proposed extension of the garage and access
issues. In full and complete settlement of all claims that the Property Owners may have
now, if any, or may have in the future, if any, in connection with the City's construction
of the Proposed Project, including without limitation those mentioned above in this
Section 6, the City shall pay to Property Owners the total sum of$IOO,OOO.OO (One
Hundred Thousand Dollars) as an all-inclusive settlement. This settlement amount is the
total amount for all claims without distinction or separation for various interests that may
be held in the Property. Property Owners shall be responsible for any apportiomnent or
allocation of the settlement amount if required for separately held interests that may exist,
if any.
3
7. Waiver and Release. The execution ofthis Agreement by Property Owners
constitutes the waiver and release by said Property Owners of any and all claims against the City,
its officials, agents, attomeys, employees, and contractors that Property Owners could make in
connection with the City's construction of the Proposed Project.
a. Except as otherwise set forth in this Agreement and except for any breach
ofterms or conditions contained in this Agreement, Property Owners waive and forever
release the City, including its successors, officers, employees, attorneys, agents,
representatives and anyone else acting on or for the City's behalf, of and from any and all
claims, demands, actions, or causes of action, liabilities, or claims for further
compensation, known or unknown, based upon or arising in connection with the City's
construction ofthe Proposed Project.
b. Waiver Pursuant to Civil Code Section 1542. By such release, Property
Owners waive their rights, if any, under California Civil Code Section 1542, which
provides, "A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which ifknown by
him must have materially affected his settlement with the debtor.
8. Indemnification. Property Owners acknowledge that the City would not have
agreed to the permitted encroachment discussed above in Section 5 of this Agreement in the
absence ofthe commitment of Property Owners to indemnify and protect the City as set forth
herein. To the full extent permitted by law, Property Owners shall defend, indemnify and hold
harmless the City, its employees, agents and officials, from any liability, judgments, penalties,
losses, claims, suits, actions, arbitration proceedings, administrative proceedings whether actual,
alleged, or threatened, expenses or costs of any kind, reasonable attorneys fees incurred by the
City, court costs, interest, defense costs, including expert witness fees and any other costs or
expenses of any kind whatsoever incurred in relation to, as a consequence of, arising out of or in
any way attributable actually, allegedly or impliedly, in whole or in part to Property Owner's use
ofthe Encroachment Area discussed above, but excluding from such defense and
indemnification obligations those costs, expenses, claims or losses arising out of the acts or
omissions of the City.
9. Miscellaneous Provisions.
a. Legal Advice. In effecting this Agreement, each ofthe parties has had the
opportunity to receive full legal advice about its provisions, and each signatory hereto
certifies that he or she has read all of this Agreement and understands it. This Agreement
has been fully negotiated between the City and Property Owners and shall be construed
as if drafted by all Parties to this Agreement.
b. Binding on Successors and Assigns. Except as may be set forth herein,
the rights and obligations arising out of this Agreement shall inure to the benefit of and
be binding upon the heirs, personal representatives, successors, and assignees of the
respective Parties hereto, and each of them.
4
c. Construction of Agreement. This Agreement is made, executed, entered
into, and is intended to be performed within the State of California, and is to be construed
under California law.
d. Counteroarts. The Parties agree that this Agreement may be executed in
counterparts, each of which shall be deemed an original instrument, and all, when taken
together, shall constitute the Agreement.
e. Attornevs' fees. The Parties agree that they will each bear their own
attorney's fees and costs. If either party brings a legal action for the purpose of
protecting or enforcing its rights and obligations under this Agreement, the prevailing
party shall be entitled, to recovery of its reasonable attorneys' fees, expenses, and costs of
suit, in addition to other relief as the Court deems proper.
f. Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to its subject matter and supersedes all prior negotiations,
understandings, or agreements, whether written or oral, express or implied. If any
provision oftms Agreement is held to be invalid, void, or unenforceable, the remaining
provisions shall nevertheless remain in full force and effect and shall not be impaired or
invalidated thereby.
5
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed tp.e day and year first written above.
CITY OF TEMECULA
By:
Ron Roberts, Mayor
ATTEST:
By:
Susan Jones, City Clerk
Approved as to Form:
By:
Peter Thorson, City Attorney
PROPERTY OWNERS
By:
Lloyd Knight
By:
Karen Knight
6
EXHIBIT A
Legal Description of Encroachment Area
(to be attached)
7
- -
~ ct PAUBA ROAD
PROPOSED 6' HIGH
RET. WALL
- -
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\ PROPOSED DR/VEWA Y \
\ GARAGE \
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RECORD OWNER:
LLOYD KN/GHT
3/089 PAUBA ROAD
TEt1ECULA, CA. 92592
PREPARED BY;
CITY OF TEt1ECULA PUBLIC WORKS
DRAWN BY: C. VLAHOS
DA TE 05//6/06
ENCROACHt1ENT EASEt1ENT
SHEET / OF /
CITY OF TEMECULA
DEPARTt1ENT OF PUBLIC WORKS
SITE MAP
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EXHIBIT 'W'
ENCROACHMENT EASEMENT
LEGAL DESCRIPTION
May 15, 2006
Sheet 1 of 1
BEING A PORTION OF LOT '~" IN THE CITY OF TEMECULA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, DEDICATED TO THE COUNTY OF
RIVERSIDE PER PARCEL MAP NO. 22602, ON FILE IN BOOK 153 OF
PARCEL MAPS, PAGES 25 THROUGH 26, INCLUSIVE, FILED IN THE OFFICE
OF THE COUNTY RECORDER, OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING A T THE SOUTHEAST CORNER OF SAID LOT, ALSO THE
NORTHEAST CORNER OF PARCEL 1 OF SAID MAP, AND A POINT IN THE
SOUTHERL Y RIGHT-OF-WA Y OF PAUBA ROAD (88.00 FEET WIDE);
THENCE NORTH 03017' 50" EAST A DISTANCE OF 6.00 FEET TO A POINT
IN THE EASTERL Y BOUNDARY OF SAID LOT;
THENCE LEAVING SAID POINT NORTH 860 42' 10" WEST A DISTANCE OF
99.59 FEET TO A POINT IN THE WESTERL Y BOUNDARY OF SAID LOT;
THENCE LEAVING SAID POINT SOUTH 060 01' 15" EAST A DISTANCE OF
6.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND THE
NORTHWEST CORNER OF SAID PARCEL;
THENCE LEA VING SAID CORNER ALONG THE SOUTHERLY RIGHT-OF-
WAY OF PAUBA ROAD NORTH 860 42' 10" EAST A DISTANCE OF 99.31
FEET TO THE POINT OF BEGINNING.
CONTAINS: 596.71 sq. ft., 0.014 ac., more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record.
EXHIBIT "B" attached hereto and by this reference made a pari hereof.
This description was prepared
bY~Z;;:Z
Ronald J. Parks, R.C.E. No. 19744
My license expires: 9/30/07
To San Diego
VICINITY MAP
NOT TO SCALE
EASEMENTS
/D" AN EASEHENT FOR UTILITY PURPOSES IN FAVOR OF SOUTHERN CALIFORNIA EDISON PER
INSTRUHENT NO. 46873. REC. 4/11/72 AND INSTRUHENT NO. 10542, REC. 1/26/76, O.R.
~ A DECLARA TlON OF DEDICA TlON PER INSTRUHENT NO. 38505, REC. 3/23/72, O. R.
ffi AN EASEHENT FOR UTILITY PURPOSES IN FAVOR OF GENERAL TELEPHONE CO. PER
INSTRUHENT NO. 76548, REC. 7/14/77, O.R.
ill AN EASEHENT FOR UTILITY PURPOSES IN FA VOR OF SOUTHERN CALIFORNIA EDISON
PER INSTRUHENT NO. 209429, REC. 10/3/78, O.R.
RECORD OWNER:
LLOYD KNIGHT .
31089 PAUBA ROAD
TEf1ECULA, CA. 92592
PREPARED BY:
CITY OF TEf1ECULA PUBLIC WORKS
DRAWN BY: C. VLAHOS
DA TE: 05/16/06
't
CITY OF TEMECULA
DEPARTf1ENT OF PUBLIC WORKS
EXHIBIT "B"
ENCROACHf1ENT EASEf1ENT
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RECORD OWNER:
LLOYD KNIGHT
31089 PAUBA ROAD
TEMECULA, CA. 92592
PREPARED BY:
CITY OF TEMECULA PUBLIC WORKS
DRAWN BY: C. VLAHOS
DA TE 05/16/06
.......
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
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ENCROACHMENT EASEMENT
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ITEM NO. 14
Approvals
City Attorney
Director of Finance
City Manager
pt.<'"
IJIl.
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works, City Engineer
DATE:
May 23, 2006
SUBJECT:
Third Amendment to the Annual Professional Services Agreement for
Professional Services with Cozad & Fox, Inc. for Various Capital Improvement
Projects for FY2005-2006
PREPARED BY:
Amer Attar, Principal Engineer
Steven Beswick, Associate Engineer
RECOMMENDATION: That the City Council approve That the City Council approve the Third
Amendment to the Annual Professional Services Agreement with Cozad & Fox, Inc. in the amount of
$20,000 to provide as needed professional services and authorize the Mayor to execute the
amendment.
BACKGROUND: On June 22, 2004, the City Council approved the Fiscal Year 2004-
2005 Annual Professional Services Agreement with Cozad & Fox, Inc. of Hemet, California in the
amount of $60,000.00 to provide as needed survey services to be utilized on projects that are
approved in the Capital Improvement Program. Since the original agreement was approved, the
following Amendments have been approved:
o On June 14, 2005, the City Council approved the First Amendmentto the Fiscal Year 2004-
2005 Annual Professional Services Agreement with Cozad & Fox, Inc. by extending the
agreement by another year in the amount of $60,000 to provide as needed survey services
for Fiscal Year 2005-2006.
o On December 13, 2005, the City Council approved the Second Amendment to the Fiscal
Year 2004-2005 Annual Professional Services Agreement with Cozad & Fox, Inc, and
increased the agreement in the amount of $20,000 to provide additional as needed survey
services for Fiscal Year 2005-2006.
Since the Second Amendment for Fiscal Year 2005-2006 Professional Services Agreement for
survey services with Cozad & Fox, Inc. was approved, a number of survey services have been
required and completed.
Amendment NO.3 is necessary to continue miscellaneous Professional Services required to
complete the design plans for the Pechanga Parkway Phase II Street Improvements during the
remainder of this Fiscal Year.
FISCAL IMPACT: The total contract including Amendment NO.3 is $160,000.00. This
amount includes the original contract limit of $60,000, Amendment NO.1 amount of $60,000,
Amendment NO.2 amount of $20,000, and Amendment NO.3 amount of $20,000. The Consultant
will continue to submit cost proposals for each survey service request. Once a scope of service and
schedule of fees are negotiated, funds are allocated for the corresponding project budget. Only
approved CIP projects will utilize the services under this agreement unless directed otherwise by
City Council.
ATTACHMENTS:
Amendment NO.3
THIRD AMENDMENT TO
ANNUAL FISCAL YEAR 2004-2005
PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES
BETWEEN THE CITY OF TEMECULA AND
COZAD & FOX, INC.
THIS THIRD AMENDMENT is made and entered into as of, May 23, 2006 by and
between the City of Temecula, a municipal corporation ("City") and Coz & Fox, Inc.
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On June 22, 2004 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for Professional Engineering and Construction
Survey Services for Fiscal Year 2004-2005 ("Agreement") in the amount of Sixty Thousand
Dollars and No Cents ($60,000.00).
B. The Agreement was amend on June 14, 2005 for additional Professional
Engineering and Construction Survey Services for Fiscal Year 2005-2006 in the amount of
Sixty Thousand Dollars and No Cents ($60,000.00) and again on December 13, 2005 for an
additional amount of Twenty Thousand Dollars and No Cents ($20,000.00) for additional
Professional Engineering and Construction Survey Services.
The parties now desire to increase the payment for services in the
amount of Twenty Thousand Dollars and No Cents ($20,000.00) and amend the Agreement
as seUorth in this Amendment.
2. Section 5 a Payment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the payment
rates and schedules and terms set forth in Exhibit B for services described in
Section B of Exhibit A, attached hereto and incorporated herein by this
reference as though set forth in full. The Third Amendment amount shall not
exceed Twenty Thousand Dollars and No Cents ($20,000.00) for additional
professional engineering and construction survey services, the Second
Amendment in the sum of Twenty Thousand Dollars and No Cents
($20,000.00) and the First Amendment amount in the sum of: Sixty
Thousand Dollars and No Cents ($60,000.00) for additional professional
engineering construction survey services for Fiscal Year 2005-2006 for a total
contract amount, of One Hundred Sixty Thousand Dollars and No Cents
($160,000.00).
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
R\Agreements\Masters\Annual Master\2005-2006\Cozad & Fox 2005-2006 Amend 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Cozad & Fox, Inc.
151 S. Girard St.
Hemet, CA 92544-4662
(951) 652-4454
Kevin B. Cozad, President
Brian Fox, Vice President
(Two Signatures Required For Corporations)
R:/purchasinglagreements.all/win harveston.amend 1.fieldman 2002
2
EXHIBIT B
PAYMENT RATES AND SCHEDULE
. CIVIL I STRUCTURAL ENOINEERS
. MUNICIPAL CONSULTANTS
. SURVEYORS I PLANNERS
. WATeR RESOURCES
. TRANSPORTATION
SCHEDULE OF FEES
January 1, 2004
GENERAL SCOPE OF SERVICES
Cozad & Fox, Inc. provides services in the fields of civil engineering, structural engineering, and
land surveying in accordance with presently accepted professional practices. Cozad & Fox, Inc.
does not provide services relating to construction safety and shall be held harmless by the
contractor from any liability in this regard. In the event that the client requests termination of work
prior to Its completion, we reserve the right to complete, at the client's expense, such analysis and
records as are considered necessary by us to place our files in order andlor to protect our
professional reputation.
PERSONNELCHARGES-RATESPERHOUR
Principal Civil EnglneerlPrinclpal Land SurveyorlStructural Engineer .............. 160.00
Project Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 140.00
Project Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 120.00
CAD Drafting. . . . . . . . . . . . . . . . . _ _ . _ . _ . . . . . . . . _ _ . . . . . . . . . . . . . . . . . . . . . . . _ .. 80.00
Administrative/Project Coordination ......................................... 75.00
Typing. printing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . 45.00
Survey. Office Analysis . _ . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 120.00
Survey Crew with Robotic Total Station (4 hr. minimum) ........................ 195.00
(Travel time charged portal to portal)
Survey Crew wi GPS ........................................ Estimated by project
OTHER CHARGES
Expert Witness - Deposition andlor Court appearance . . . . . . . . . . . . . . . Two times hourly rate
Expert Witness - Research, Case Review andlor Preparation . . . . . . . . . . . Normal hourly rate
Mileage to and from meetings or project site .............................. $0.35/mile
Blueprints, Duplicating, Photography, Binding, etc. . . . . . . . . . . . _ . . . . . . . . . . .. Cost + 20%
Telephone calls, Postage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Cost + 20%
Field Supplies (stakes, monuments, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Cost + 20%
TERMS OF PAYMENT
All services will be progress billed weekly, and all invoices are due and payable when issued unless
otherwise agreed. Retainers are required for all projects. Our fee schedule is based upon prompt
paymentofJees. Interest wjll accrue at the rate of 1 ~ percent of the invoice total per month on invoices
'3~d'ays'8mf'oldef."'lt suit or~ctioli Is1hslKUted to coi1~Cl iiiiY'_aUe:"he em!!1it'Shll1"ljll lliltllefllF
attorney's fees and court costs.
ITEM NO. 15
Approvals
City Attorney
Director of Finance
City Manager
p...?
LJI!..
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Professional Services Agreement - T.Y. UN INTERNATIONAL
Preparation of Environmental Document, Plans, Specifications, and Estimate
Western Bypass Bridge Over Murrieta Creek - Project No. PW06-04
PREPARED BY:
Greg Butler, Principal Engineer
Avlin R. Odviar, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Approve an agreement with T.Y. UN International in an amount not to exceed
$344,342.00 to prepare the Environmental Document, Plans, Specifications, and Estimate
for the Western Bypass Bridge Over Murrieta Creek, Project No. PW06-04, and authorize
the Mayor to execute the agreement;
2. Authorize the City Manager to approve extra work authorizations not to exceed the
contingency amount of $34,434.20, which is equal to 10% of the agreement amount and;
3. Approve the acceleration of $90,000.00 from the Capital Improvement Budgetforthe
FY 2006-2007 to the current FY 2005-2006 budget to cover the agreement cost.
BACKGROUND: The Western Bypass Corridor (Corridor) is designated as a project
having particular relevance to the General Plan's Circulation Element. As shown on the Roadway
Plan, the Corridor runs on a north-south alignment west of Interstate 15 (1-15) within the City limits.
At the southerly end, the Corridor connects with the westerly terminus of State Route 79S (SR-79S)
adjacent to the 1-15/SR-79S interchange.
The subject agreement provides for the preparation and development of the Environmental
Document, Plans, Specifications, and Estimate for a bridge over Murrieta Creek at the Corridor's
southerly connection. As part of this project, an interim extension of Pujol Street will be developed
to pave it from the existing end of pavement to the new bridge.
City staff entered into negotiations with T.Y. UN International (TYUN), an engineering firm
specializing in bridge design. As part of a privately developed project, TYUN previously initiated
engineering studies and construction plans for a bridge at this location. Along with a multi-
disciplinary team (Trans-Pacific Consultants Inc., EDAW Inc., Geocon Inc., and West Consultants
Inc), TYUN has existing working files, and is well qualified to complete the job.
FISCAL IMPACT: This project is in the City's Capital Improvement Program, Fiscal Years
2006-2010. Transportation Uniform Mitigation Fee (TUMF) funds are designated for this project and
are programmed in the CIP FY2006-2007. This project has been nominated for TUMF funding and
it is anticipated that the funding will be confirmed by December 2006. Acceleration of $90,000.00
from FY 2006-2007 is necessary to cover the agreement cost for this project. The total agreement
cost is $378,776.20, which includes the agreement amount of $344,342.00 plus 10% contingency
amount of $34,434.20.
ATTACHMENTS:
1. Project Location
2. Project description
3. Professional Services Agreement - T.Y. UN International
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AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES
WESTERN BYPASS BRIDGE OVER MURRIETA CREEK
PROJECT NO. PW06-04
THIS AGREEMENT is made and effective as of May 23, 2006, between the City of
Temecula, a municipal corporation ("City") and T. Y. L1N International ("Consultant"). In
consideration of the mutual covenants and conditions setforth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on May 23, 2006, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. Copies may be obtained from the California Department of
Industrial Relations' Internet web site 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. Pursuantto the provisions of 1775 of the Labor Code,
Consultant 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 contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
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 scope of work to be
performed, payment rates and schedule of payment are null and void. This amount shall not exceed
Three Hundred Forty Four Thousand Three Hundred Forty Two Dollars and No Cents
($344,342.00) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
R:ICIPIPW06-04ITYLlNNITY Linn Agreement
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement or twenty-five thousand dollars ($25,000.00). 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 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to 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 4.
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 (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.
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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 identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this.
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, 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, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration ofthe 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 endorsementto
the General Liability policy described above is acceptable.
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(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 accidentfor
bodily injury or disease.
(4) Professional Liability coverage: Two million ($2,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
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(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of CoveraQe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affectthe 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.
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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 andlor 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, (i1)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of T emecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
T.Y. UN International
5030 Camino De la Siesta, Suite 204
San Diego, California 92108
Attention: James Rucker
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
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17. GOVERNING LAW. The City and Consultant understand and agree that the
laws ofthe 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 CityofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during hislher tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of T emecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
T. Y. UN International
5030 Camino De La Siesta, Suite 204
San Diego, CA 92108
(619) 692-1920
W. Mark Ashley, Sr. Vice President
Joe Tognoli, Vice President
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
WESTERN BYPASS BRIDGE OVER MURRIETA CREEK
PROJECT NO. PW06-04
Preparation and development of the Environmental Document, Plans, Specifications, and Estimates
for a bridge over Murrieta Creek at the Corridor's southerly connection.
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1
City of
Temecula
Scope of Work
Western Bypass Corridor Bridge
over Murrieta Creek
City of Temecula, California
Phase 1 - Data Collection and Review
Phase 2 - Update Final Design and
Plans, Specifications and Estimates (PS&E)
Phase 3 - Bidding and Construction Support
Table of Contents
I. Project Location and Description.................................... 2
II. Design Criteria and Standards ....................................... 4
III. Basic Services ................................................................ 6
Task 1.0 - Data Collection and Review
Task 1.1 - Update Base Mapping and Utility Research ..................6
Task 1.2 - Field Review............................................................6
Task 1.3 - Review Bridge Foundation and Hydraulic Reports .........7
Task 1.4 - Bridge General Plan and Roadway..............................7
Task 1.5 - Preliminary Right-of-Way Engineering.........................8
Task 1.6 - Project Management.................................................8
Task 2.0 - Update Final Design and PS&E
Task 2.1 - Environmental Clearance...........................................9
Task 2.2 - 30% PS&E...............................................................9
Task 2.3 - 70% PS&E.............................................................10
Task 2.4 - 90% PS&E.............................................................11
Task 2.5 - 100% PS&E ...........................................................12
Task 3.0 - Bidding and Construction Support
Task 3.1 - Bidding and Construction Support ............................12
IV. Work to be Done and Information to be
Provided by the City...................................................... 13
V. Work Not Included........................................................ 13
VI. Schedule of Services .....................................................13
T-"f.'LIN INTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
2
City of
Temecula
Scope of Work
I.
Project Location and Description
The project is located in the City of Temecula on the proposed Western Bypass
Corridor between Front Street and Pujol Street and will include the construction
of a new bridge across Murrieta Creek. The bridge will be designed to span the
improved flood control channel recently completed by the U.s. Army Corps of
Engineers (the Corps).
T.Y. Lin International (formerly McDaniel Engineering Company) completed
bridge plans, specifications and estimate for the Western Bypass Corridor Bridge
over Murrieta Creek in 1996 as a subconsultant to Trans-Pacific Consultants. The
current project will consist of updating the plans, specifications and estimate for .
the bridge, along with necessary roadway approaches including a temporary
intersection with Pujol Street on the west side of Murrieta Creek.
Previous plans for Western Bypass indicate several utility facilities in the vicinity
of the bridge crossing and carried on the bridge structure. The disposition of
these facilities and plans for future utilities will need to be identified as part of
this project. In particular, the existing twin culverts at the northeast quadrant
and the 97" and 99" diameter Metropolitan Water District (MWD) Lines located
in the western embankment of Murrieta Creek will require coordination with
MWD regarding access and loading criteria.
The final design shall include a final grading and improvement plan, traffic
signal plan, bridge plans, traffic control plan, erosion control plan, storm water
pollution prevention plan (SWPPP), utility coordination, final earthwork
estimates, engineering estimates, final soil reports (including recommendations
regarding unsuitable materials and street sections), hydrology studies, bid
specifications, and attendance at a pre-construction meeting.
The following items will be addressed in the updated bridge and road plans:
1. Update the Base Map and Tapa: The project base map will be updated to
reflect the latest Corps channel improvements, as well as any other
adjacent improvements. Differences in Corps and City datums will be
correlated.
2. Update the Geotechnical Report: The bridge foundation report and assorted
geotechnical memos will be reviewed and updated as needed to provide
adequate recommendations for the bridge and approach roadway design.
Limited field exploration will be required to confirm pile tip (one small-
diameter boring north side of Abubnent 3, approximately 35' deep) and
spread footing elevations for bridge supports (two backhoe trenches on
either side of Pier 2). It is assumed that the City of Temecula will process
necessary right-of-entry permits to enter the creek for geotechnical
exploration. The culmination of this activity will be the preparation of
T-Y-LlNINTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
3
City of
Temecula
Scope of Work
the Final Foundation Report addressing necessary bridge and roadway
reqillrements.
3. Hydraulics and Hydrology: Previous reports will be reviewed including
the August 1996 WEST bridge scour report. Coordination with Riverside
County Flood Control & Water Conservation District (RCFC) and the
Corps will be provided. It is assumed that the Corps or RCFC will
provide the hydraulic models for use on the project. Based on meetings
with the City, we understand a pre-Corps project Q100 should be used
for determination of the bridge low chord.
HEC-RAS, the Hydrologic Engineering Center's "River Analysis System"
computer program will be used for hydraulic modeling of existing and
proposed (with bridge) conditions.
Up to three baseline scenarios will be considered.
. Existing conditions at the site and the District 1 % annual chance
exceedance (100-year) discharge of 38,600 ds.
. Built-out conditions (completed Corps project) and Corps discharges
which reflect construction of a detention basin upstream.
. The Corps channel project complete with the upstream basin not yet
built (i.e., use the District 1 % discharge).
The "worst case" of these three scenarios in terms of potential bridge
scour and backwater will be chosen and used for the baseline hydraulic
model.
The hydraulic design of the bridge will be conducted using Federal
Highway Administration (FHW A) guidelines for the design floods and
any additional constraints provided by the City or the District (e.g.,
freeboard).
Scour calculations will be performed using the HEC-RAS computer
program and custom spreadsheets. Procedures outlined in FHWA's
Hydraulic Engineering Circulars, HEC 18 and HEC 20, will be used to
determine total potential scour.
Riprap design for the abutment side slopes will be performed. The
riprap design will include the median rock size and gradation, thickness
of the riprap layer, and extent of protection. The riprap design will be
prepared for both the initial with-bridge model, and the first iteration.
4. Environmental: No Caltrans involvement or federal aid is anticipated for
the project. Therefore, environmental clearance will need to comply with
y.y.LININTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
4
City of
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Scope of Work
the California Environmental Quality Act (CEQA) only. For this project,
a Negative Declaration (NO) with technical studies is anticipated.
If Caltrans involvement or federal funds are used on the project,
environmental clearance will also need ta camply with the Natianal
Environmental Palicy Act (NEP A) and will be cansidered additianal
services.
II. Design Criteria and Standards
A. Design Criteria
1. The limits of the praject extend fram the current terminus .of Western
Bypass just east of Murrieta Creek ta Pujol Street and approximately
1,000' north .on Pujal Street.
2. The final structure type, span layaut, span lengths, typical sectian and
general aesthetic treatments shall be based .on the bridge plans
campleted in 1996 by T.Y. Lin International (farmerly McDaniel
Engineering Campany), except as noted.
3. Western Bypass will have a curb-ta-curb width .of 80-0". The design
speed is 55mph.
4. An inbaard barrier will be used ta separate pedestrians fram traffic.
5. The bridge shall be campatible with the current improved Murrieta
Creek Channel. Based.on previous direction fram RCFC in associatian
with the Carps, we understand that 3'-0" .of freebaard is required for
all new structures alang Murrieta Creek Channel using the completed
Carps project discharge .of 22,300 cfs. Far Western Bypass, the bridge
law chard will alsa cansider zero freebaard .over the pre-Carps project
discharge (38,600 cfs) and 2'-0" .of freebaard .over the 50-year (design)
flaod cansistent with bridge practice used by Caltrans. The "warst
case" law chard will be determined and any resulting roadway prafile
changes discussed with the City priar to any revisians ta the existing
improvement plans. T.Y. Lin Internatianal will discuss the
acceptability of this appraach with RCFC.
6. Na channel improvements are anticipated with the project. Raadway
approach fills will nat encroach .on the final Carps channel. Rack slape
pratectian shall be included under the ends .of the bridge structure as
required.
7. Bridge lighting .on the Western Bypass Bridge and street lighting .on
Pujal Street will be in accardance with City standards.
T-VLININTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
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City of
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Scope of Work
8.
Pujol Street shall be paved as a two-lane road from the Western Bypass
to approximately 1,000' northerly to the existing end of pavement.
9.
Provisions shall be made for accommodation of the utility facilities
shown on the bridge structure. It is anticipated that the waterline will
require seismic expansion joints similar to recent bridge designs being
undertaken with Rancho California Water District. PS&E for utility
vaults will not be required.
B. Design Standards
Project development shall conform to the applicable provisions and guidelines of
the current editions of the following, in effect at the time of design:
1. State of California Highway Design Manual
2. City of Temecula Standard Plans
3. Standard Specifications for Public Works Construction
4. Caltrans Standard Plans (2004) and Standard Specifications (1999)
5. Caltrans Bridge Design Aids, Bridge Design Details Manuals, and
Memo to Designers
6. Caltrans Bridge Design Specifications, April 2000 LFD Version
7. Caltrans Seismic Design Criteria, Version 1.2
8. Caltrans Guidelines for Foundation Investigation and Reports, V1.2.
9. Recommendations set forth in the Foundation and Materials report for
the project
10. Requirements of all project permits
11. Recommendations set forth in the project Hydraulic Report
12. All technical reports and construction drawings shall be in English
units in accordance with standards adopted by Caltrans
13. City of Temecula MS4 Permit per SDRWQCB Order No. R9-2004-001
14. Riverside County Water Quality Management Plan (wQMP)
Guidelines
T-Y-LININTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
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City of
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Scope of Work
III.
Basic Services
Phase 1 - Scope of Work
Task 1.1 - Update Base Mapping and Utility Research
The base mapping for the project will be updated to confirm bridge layout,
roadway approach layout, and right-of-way analysis. Utility research will be
performed to locate existing facilities and identify utility needs within and
beyond the proposed bridge structure. Correlation of project datums between
the Corps and City will be investigated and adjusted as necessary.
1.1.1 Obtain new topographic mapping as required for use on the project. A
minimum area of 100 feet upstream and downstream of the bridge will
be included.
1.1.2 Establish survey controls and perform aerial photogrametry, field
surveys and land net ties for preparation of a project base map and
survey database including layouts of identified existing utility facilities.
1.1.3 Perform research of utility records of all identified utility companies
and agencies for the length of the anticipated improvements to
ascertain alignment of facilities and easements, and field verify when
possible.
1.1.4 Plot utility facility locations on base mapping.
Deliverables:
1.1 A.
1.1 B.
Electronic file of base map
Scope of services for required supplemental ground survey
(if needed)
Copies of record drawings and correspondence from utility
agencies
1.1c.
Task 1.2 - Field Review
A Field Review will be attended with the design team and the City to provide
early input on the project from all disciplines. The Field Review can be
combined with other regularly scheduled status meetings.
1.2.1 Attend a Field Review Meeting at the project site to discuss the project
scope, site constraints, possible staging areas and other concerns that
may affect the project construction.
Deliverables:
1.2 A.
Field Review Meeting Minutes and Action Items
"Pf-LININTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
7
City of
Temecula
Scope of Work
Task 1.3 -Review Bridge Foundation and Hydraulic Reports
This work will consist of reviewing geotechnical and hydraulic reference
information needed for confirmation of the bridge layout.
1.3.1 Review available project subsurface information, preliminary
foundation report, and various memoranda from the previous
geotechnical consultant.
Review seismic hazard maps for proximity with active fault zones and
to ascertain the seismic exposure of the site.
1.3.2 Review available Corps hydraulic studies for Murrieta Creek and
coordinate with RCFC to discuss design changes and required
freeboard. Hydraulic models will be provided by the Corps or RCFC.
Task 1.4 - Bridge General Plan and Roadway
Prepare an updated bridge general plan to confirm previous project assumptions
and define the scope of the project.
1.4.1 Coordinate with Geotechnical and Hydraulic Consultant.
1.4.2 Confirm the required typical section for the roadway based on the
adopted roadway designation.
1.4.3 Conduct a brief evaluation to confirm bridge layout, span length,
number of spans, and bridge type based on conveyance of stream
flows, freeboard requirements, roadway profile compatibility,
accommodation of utility facilities, constructibility, aesthetics and
overall project economy.
1.4.4 Prepare the updated Bridge General Plan based on the current
information gathered in Phase 1 activities.
1.4.5 Prepare a preliminary layout plan and profile for the roadway
approaches at a scale of 1"=40' including limits of top and toe or fill or
cut slopes. Identify the touch down stations of each approach.
Deliverables:
1.4 A.
1.4 B.
Bridge Type Evaluation Memo
Updated Bridge General Plan
T-Y-LlNINTERNATIONAL
West~ Bypass Corridor Bridge over Murrieta Creek
8
City of
Temecula
Scope ot Work
Task 1.5 - Preliminary Right-ot-Way Engineering
1.5.1 Plot existing right-of-way on the preliminary base map.
1.5.2 Prepare a preliminary right-of-way requirement map showing the
limits of new right-of-way and permanent or temporary easements, as
required, on the preliminary roadway layout plan.
Deliverables:
1.5 A.
Preliminary right-of-way requirement map
Task 1.6 - Project Management
This task will include project management, coordination and administrative
activities.
1.6.1 Perform regular monitoring, follow-up and coordination of design
team operations sufficient to maintain timely and efficient
performance.
1.6.2 Prepare agendas and minutes for all official project meetings.
1.6.3 Prepare monthly invoicing and progress reports in a format acceptable
to the City.
1.6.4 Prepare and maintain a detailed project time-line schedule in Microsoft
Project format. The schedule will be updated monthly and included
with the progress reports.
1.6.5 Conduct monthly Project Development Team (PDT) Meetings.
Deliverables:
1.6 A.
1.6 B.
1.6 C.
Meeting agendas and minutes
Invoicing and Progress reports
Baseline Schedule and monthly updates
TY.UN INTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
9
City of
Temecula
Scope of Work
Phase 2 - Final Design and Plans, Specifications and Estimates
(PS&E)
Task 2.1 - Environmental Clearance
2.1.1 Prepare a narrative description of the project.
2.1.2 In accordance with California Department of Fish and Wildlife (CDFG)
protocol requirements for burrowing owls, five protocol surveys will
be conducted during the nesting season, and a further five in winter. A
qualified biologist, registered for burrowing owl surveys, will conduct
the surveys.
2.1.3 Conduct technical memoranda for environmental issues as identified
pursuant to completion of an Initial Study Checklist (Appendix G of
CEQA Guidelines). Technical memoranda included in this scope-of-
services consist of the following issues:
· Biology
· Cultural Resources
· Noise
· Air Quality
No directed surveys for particular species are included in this scope-of-
services.
2.1.4 Preparation of a Negative Declaration pursuant to Sections 15070-
15075.
2.1.5 Prepare and process permits required from the California Department
of Fish and Game, Regional Water Quality Control Board (RWQCB),
and the US Army Corps of Engineers.
Deliverables:
2.1 A.
2.1 B.
2.1 C.
2.1 D.
2.1 E.
Project Description
Technical 11ernoranda
Draft Negative Declaration
Response to Comments and Final Negative Declaration
Permit Applications and Correspondence
Task 2.2 - 30% PS&E
2.2.1 Prepare Bridge Hydrology Report including analysis of the interim and
ultimate channel configurations for Q50 & Q100, cross-section and
"FY-LININTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
10
City of
Temecula
Scope of Work
bridge opening adequacy, water surface profile and scour and drift
analysis and freeboard recommendation.
2.2.2 Prepare an interim channel grading plan including proposed channel
protection.
2.2.3 Conduct a geologic investigation consisting of one small diameter
boring on the north side of Abuhnent 3 and two backhoe trenches on
each side of Pier 2. Perform all work necessary to obtain required
permit(s) including application process, fee, etc.
2.2.4 Complete roadway approach and bridge alignment traverse and profile
computations and prepare roadway typical section, layout and profile
plan sheets.
2.2.5 Prepare the Bridge General Plan drawing showing structure plan,
elevation, typical section and structure type based upon the approved
roadway geometrics.
2.2.6 Prepare a color perspective rendering of the bridge using the photo
simulation technique.
2.2.7 Update the project cost estimate (opinion of probable cost) based on
preliminary quantity take-offs.
2.2.8 Prepare 100- and lO-year Rational Method Hydrology Study per
Riverside County Flood Control District Hydrology Manual for
roadway drainage purposes.
Deliverables:
2.2 A.
2.2B.
2.2C.
2.2D.
2.2E.
2.2F.
2.2G.
Base Mapping and Survey Data
Bridge Hydrology Report
30% Plans
Color Perspective Bridge Rendering
Environmental Impact Summary
Updated Cost Estimate
10- and 100-year Roadway Hydrology Report
Task 2.3 - 70% PS&.E
2.3.1
Perform geotechnical laboratory and engineering analysis.
2.3.2
Complete roadway design and plans including layouts, profiles,
drainage, construction details and signing and striping.
WLININTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
11
City of
Temecula Scope of Work
2.3.3 Perform right-of-way engineering including preparation of plats and
legal descriptions for up to 4 parcels. Identify affected properties at an
early stage to facilitate contact with property owners. Preliminary title
reports will be provided by the City.
2.3.4 Prepare unchecked bridge detail drawings.
2.3.5 Prepare draft technical construction specifications.
2.3.6 Perform detailed quantity takeoffs for completed plan sheets.
2.3.7 Update the project cost estimate using unchecked quantity take-offs.
2.3.8 Provide plans to RCFC, MWD, and dry utilities for coordination.
2.3.9 Prepare Draft of Water Quality Management Plan (wQMP)
Deliverables:
2.3 A.
2.3B.
2.3C.
2.3D.
2.3 E.
2.3F.
2.3G.
Draft Geotechnical and Foundation Report
70% Plans
Draft Technical Construction Specifications
Updated Cost Estimate
Right-of-Way Legal Description and Maps
Waterline Relocation Plans
IstWQMP
Task 2.4 - 90% PS&E
2.4.1 Finalize the Geotechnical and Foundation Report. Provide a Log of
Test Borings sheet for inclusion into the bridge plans.
2.4.2 Prepare Storm Water Pollution Prevention Plans for control of
sediment runoff during construction.
2.4.3 Prepare Final WQMP.
2.4.4 Perform independent checking of bridge plans and quality control
checks and corrections for all plans.
2.4.5 Complete all quantity take-offs and perform independent checks.
2.4.6 Prepare final technical construction specifications.
TY.UNINTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
""'..,
12
City of
Temecula
Scope of Work
2.4.7
Update the project cost estimate using checked quantity take-offs.
2.4.8
Provide plans to RCFC, MWD, and dry utilities for coordination.
Deliverables:
2.4 A.
2.4 B.
2.4 C.
2.4 D.
2.4E.
2.4F.
2.4G.
2.4H.
Final Geotechnical and Foundation Report
90% Plans
Structural Computations
Quantity Computations
Technical Specifications
Combined Contract Document
Updated Cost Estimate
2nd WQMP
Task 2.5 - 100% PS&E
2.5.1 Respond to agency comments.
2.5.2 Make all required revisions to plans, specifications and estimates.
2.5.3 Prepare a Resident Engineer Pending file including all design
information necessary for reference during construction.
2.5.4 Submit Final WQMP
2.5.5. Provide plans to RCFC, MWD, and dry utilities for coordination.
Deliverables:
2.5 A.
2.5 B.
2.5C.
2.5 D.
2.5E.
2.5 F.
100% Plans - electronic and wet signed mylars
Final Technical Specifications - electronic and hard copy
Final Engineer's Estimate - electronic and hard copy
Resident Engineer's Pending File - hard copy
Final Combined Contract Document - electronic and
hard copy
Final WQMD - electronic and hard copy
Task 3.1 - Bidding and Construction Support
3.1.1 Attend the Pre-Bid Meeting.
3.1.2 Respond to bidder inquiries during the advertising period as requested
by the City.
3.1.3 Prepare contract addenda as required and requested by the City.
Deliverables:
3.1 A. Bidder Inquiry Responses
3.1 B. Contract Addenda
TY-UNINTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
~"
13
City of
Temecula
Scope of Work
IV.
Work to be Done and Information to be
Provided by the City
The City shall perform the following work and furnish the following information
for the Consultant's use in connection with the services to be provided under the
contract:
1.
2.
3.
4.
5.
Perform all processing, fees and coordination with MWD.
Traffic volumes sufficient for CEQA approval.
Schedule, coordinate and conduct all public meetings, as necessary.
Obtain and furnish preliminary title reports for right-of-way engineering.
Provide for resident engineering, inspection and construction
administration services during the bidding and construction periods.
(TYLI can also provide a separate proposal for this work, if needed)
V. Work Not Included
The following work is not included:
1. Traffic modeling and reports
2. Additional reports and meetings with MWD
3. Processing of CLOMR submittal (if required)
4. PS&E for utility facilities
VI. Schedule of Services
The services shall be performed in accordance with the project schedule as
approved by the City. The baseline schedule shall result in the following
completion dates:
Task Completion Date
----~~-
30% PS&E 10 weeks
70% PS&E 10 weeks
90% PS&E 8 weeks
100% PS&E 6 weeks
T-Y-LININTERNATIONAL
Western Bypass Corridor Bridge over Murrieta Creek
EXHIBIT B
PAYMENT RATES AND SCHEDULE
10
R:ICIPIPW06.04ITYLlNNITY Linn Agreement
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ITEM NO. 16
Approvals
City Attorney
Director of Finance
City Manager
V
11/2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
May 23, 2006
SUBJECT:
Library Computer Equipment Purchase
RECOMMENDATION: That the City Council authorize the purchase of library computer
equipment for the total amount of $171,627.16 from HP Inc., which includes shipping and applicable
sales tax.
BACKGROUND: The City of Temecula will be installing computer equipment in the new
Temecula Library. The items in this purchase include desktop PC's, network switches, and
enterprise servers. The selection of this equipment is based on a consultant study that was
completed in December 2005. This study provides an essential foundation for purchasing
equipment that conforms to the City's existing standards and inventory requirements. An important
consideration for the Library Technology Plan is the focus on technology that the Library Plan of
Service articulates. A focus on providing patrons, namely students, with the latest technologies is a
major driving force behind several key points in the vision of the new Library. The Library
Technology Plan was presented and approved by the Council Library Task Force on January 4th
2006.
HP computing equipment is available on Western States Contract Alliance II (WSCAII). These
competitively, quoted prices are provided by an authorized WSCA II contractor. Under this
agreement, it would be within the City's discretion to take advantage of the pricing on another
governmental entity contract. The contract is made available for use by State of California agencies
and any city, county or local governmental agency empowered to expend public funds. Therefore,
this purchase would be exempt from competitive bidding requirements. Staff's research has
determined that the WSCA II pricing is the most competitive. Also, it has been determined that the
WSCA program is consistent with the City's procurement policies and regulations and that it is used
by many cities as an industry standard.
FISCAL IMPACT: Adequate funds are available in Fiscal Year 2005-2006 Library Project,
Furniture Fixtures & Equipment (FF&E) budget.
ATTACHMENTS:
HP Public Sector Price Quotes - WSCA II
Tom Hatell
Pagelof4
From: Tom Hafeli
Sent: Tuesday, May 16, 2006 2:14 PM
To: Tom Hafeli
Subject: Library Project
Attachments: tmpQuote934442.htm
lhp']
In....1l1
ONLINE PRICE QUOTATION
Quote Number: 934442
Today's Date: 5/16/2006 3:58:57 PM
Created By:
torn.hafeli@cityoftemecula.org
Quote Name: Library
Quote Created Date: 5/16/2006 3:58:08 PM
Contract: CA- STATE OF CALIFORNIA (WSCAII)
(A63309-CA)
Product availability and product discontinuation are subject to change without notice. The prices in this quotation
are valid for 30 days from quote date above. Please include the quote number and contract from this quote on the
corresponding purchase order.
items/description
ext price
part no
unit price qty
-Configurable- HP ProLiant DL 145 G2 SCSI
Server
HP ProLiant DL 145 G2 SCSI Server
AMOO 248 Opteron HI 2.2GHz/1 GHz, 1 MB
processor
AMOO 248 Opteron ™ 2.2GHz/1 GHz, 1 M
processor
4GB REG PC3200 4x1GB Memory
Two available 64-bit/133MHz PCI-X slots,
including one full-Iengthlfull height and one
low-profilelhalf height slot
HP low profile U320 host bus adapter
Two 1" non-hot plug SCSI hard drive bays
HP 72.8GB Ultra320 Non-Hot Plug 10.000
rpm (1") Hard Drive
HP 72.8GB Ultra320 Non-Hot Rug 10.000
rpm (1") Hard Drive
24x IDE (ATAPI) CD-ROM Drive
Integrated Dual BroadCom 5721 10/100/1000
NICs (WOL and PXE)
SCSI RAID controller
05/1612006
Base
$3.194.00 5
$15.970.00
378024-405
379259-L21
379259-B21
376639-4G1
Included
390402-B21
Included
332751-B21
332751-B21
349046-B21
Included
355671-B21
Page 2 of 4
1-year limited warranty, parts only. Included
HP Care Pack, 3 Years, 4 Hours, 24x7, U9510E $331.00 5 $1,655.00
Hardware, DL 14x
ProCurve Switch 5406zl-48G Intelligent Edge J8699A#ABA $4,479.00 2 $8,958.00
The ProCurve Switch 5406zl-48G intelligent
edge switch offers 48-port 10/100/1000 PoE
ports and one 875-watt power supply in a
ProCurve Switch 5406 6-slot chassis.
ProCurve Switch zI2410/100/1000 PoE Mod J8702A $2,239.00 4 $8,956.00
24-port 10/100/1000 PoE module for 5400
series switches
ProCurve Switch zl 875W Power Supply J8712A#ABA $511.00 2 $1,022.00
Standard 875 W power supply for 5400 series
switches. Supplies 273 Wfor PoE power plus
600 Wfor switch power.
PU701AV - HP Compaq dc7600 Ultra Slim Base $789.02 81 $63,910.62
Desktop
HP Compaq dc7600 ultra slim desktop PU701AV
Microsoft@Windows@XP Professional- PV726A V#ABA
Intel@ Pentium@ 4521 (2.8/800/1 M)- PU723AV-
USD
512MB PC2-4200 (DDR2-533) 2x256- PT968A V
40GB SATA 1.5Gb/s hard drive- EE007AV
No MulitBay Drive dc7600 USDT- PX078A V
Integrated Intel@ Media Accelerator 950 Included
graphics
Integrated Broadcom Gigabit NIC Included
HP standard keyboard PS/2- PT972AV#ABA
HP USB optical mouse (cbt/slvr)- PT951AV
Country Kit Bus DT dc7600 USDT- PV553A V#ABA
dc7600 Restore CD- PV733A V
3/3/3 (parts/labor/next business day on-site) Included
limited warranty
PU701AV - HP Compaq dc7600 Ultra Slim Base $851.01 19 $16,169.19
Desktop
HP Compaq dc7600 ultra slim desktop PU701AV
Microsoft@Windows@XP Professional- PV726A V#ABA
Intel@ Pentium@ 4521 (2.8/800/1 M)- PU723AV-
USD
512MB PC2-4200 (DDR2-533) 2x256- PT968A V
40GB SATA 1.5Gb/s hard drive- EE007AV
MultiBay 8X/24X DVD-ROM Drive- PU655AV
Integrated Intel@ Media Accelerator 950 Included
05/16/2006
graphics
Integrated Broadcom Gigabit NIC
HP standard keyboard PS/2-
HP USB optical mouse (cbt!slvr)-
Country Kit Bus DT dc7600 USDT-
dc7600 Restore CD-
3/3/3 (parts/labor/next business day on-site)
limited warranty
Page 3 of 4
Included
PT972AV#ABA
PT951AV
PV553A V#ABA
PV733A V
Included
PU701AV - HP Compaq dc7600 Ultra Slim
Desktop
HP Compaq dc7600 ultra slim desktop
Microsoft@Windows@XP Professional-
Intel@ Pentium@ 4521 (2.8/800/1 M)-
512MB PC2-4200 (DDR2-533) 2x256-
40GB SATA 1.5Gb/s hard drive-
MultiBay 24X/24X/24X/8X Combo-
Integrated Intel@ Media Accelerator 950
graphics
Integrated Broadcom Gigabit NIC
HP standard keyboard PS/2-
HP USB optical mouse (cbt!slvr)-
Country Kit Bus DT dc7600 USDT-
dc7600 Restore CD-
3/3/3 (parts/labor/next business day on-site)
limited warranty
H P L 1740 17 -inch TFT Flat Panel Display
Analog/Digital-
Wall Mount! security sleeve dc7600 USDT,
dc7100 USDT
Base $860.01
$11,180.13
13
PU701AV
PV726A V#ABA
PU723AV-
USD
PT968A V
EE007AV
PU654AV
Included
Included
PT972AV#ABA
PT951AV
PV553A V#ABA
PV733A V
Included
PL766AA#ABA $240.00
115
$27,600.00
PA719A $32.00
94
$3,008.00
SubTotal:
CA Recycling Fee Total:
Tax:
$158,428.94
$920.00
$12,278.24
Total: $171,627.18
California law requires collection of an advance recycling fee for certain products. Applicable
mandatory advance recycling fees may be added to your invoice. For more information, please go to
http://www.hp.com/go/hwrecycle
The terms and conditions of the CA - STATE OF CALlFORN IA (WSCAII) will apply to any order
placed as a result of this inquiry, no other terms or conditions shall apply.
* HP is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we
will cancel your order and credit you for any charges. In the event that we inadvertently ship an order
05/16/2006
Page 4 of 4
based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to
obtain your authorization for the additional charge, or assist you with return of the product. If the
pricing error results in an overcharge to you, H P will credit your account for the amount overcharged.
* For detailed warranty information, please go to www.hp.com/qo/specificwarrantvinfo . Sales
taxes added where applicable. Freight is FOB Destination.
HP CONFIDENTIAL AND PROPRIETARY INFORMATION. DO NOT SHARE.
05/16/2006
ITEM NO. 17
Approvals
City Attorney
Director of Finance
City Manager
p.r-
1112..
tj/J
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Grant Yates, Assistant to the City Manager
DATE:
May 23, 2006
SUBJECT:
Appointment of Council Member Edwards to the Riverside County Child Safety
Commission (At the Request of Mayor Roberts)
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council appoint Council Member Edwards to serve on
the Riverside County Child Safety Commission.
BACKGROUND: On Friday, April 21 , 2006, Sheriff Bob Doyle announced the formation
of the Riverside County Child Safety Commission. The work of this Commission will become vital
for the safety of children and residents within the County. One of the primary tasks associated with
this effort will be to identify areas where children gather and to designate those areas as "Predator-
Free Zones". Jessica's Law, poised to pass by Californians in the upcoming election, requires sex
offenders to live more than 2000 feet away from those areas the Commission identifies as
"Predator-Free Zones".
At the request of Mayor Roberts, this item includes a recommendation to appoint Council Member
Edwards to serve on this very worthwhile Commission.
FISCAL IMPACT:
None.
ITEM NO. 18
Approvals
City Attorney
Director of Finance
City Manager
1#f'"
/112.
Cf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Jim O'Grady, Assistant City Manager
DATE:
May 23, 2006
SUBJECT:
Approve City Banners Expenditure
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
RECOMMENDATION:
That the City Council:
1. Approve the Purchase/Replacement Banner agreement for $26,000 with Kelley
Display.
BACKGROUND: Some of the City banners which are displayed along Rancho California Road
and Winchester Road need to be replaced. They have been up on a rotating basis for the past
seven years and the banners are worn and faded. Staff is recommending that two sets of banners
(120 banners for each set) be replaced for this fiscal year.
Kelley Display, Inc. provides custom banner services for the City of Temecula and the Temecula
Redevelopment Agency for FY2005-06. This firm is responsible for manufacturing, storing and
cleaning the City banners. The design for the first set of banners was developed in-house and was
approved by the Economic Development Subcommittee of the City Council (Mayor Roberts and
Mayor Pro Tem Washington). The second set of banners will be designed soon.
FISCAL IMPACT: Adequate funds for the banners have been included in the FY 2005-06
Operating Budget (Economic Development Banner Program line item, account #001-111-999-5271)
for the recommended expenditure of $26,000.
ATTACHMENTS:
Agreement
CITY OF TEMECULA
PURCHASE/REPLACEMENT AGREEMENT
This Purchase/Replacement Agreement ("Agreement") is made and entered into as
of May 23, 2006, by and between the City of Temecula ("City"), a municipal corporation, and
Kelley Display, Inc. ("Vendor"). In consideration ofthe mutual covenants and promises contained
herein, the parties agree as follows:
1. Tenn. This Agreement shall commence as of May 23, 2006 and shall remain
and continue in effect until tasks described therein are completed, but in no event later than June 30,
2007, unless sooner terminated pursuant to the provisions ofthis Agreement.
2. Purchase/SaIe/Shippinl! of Banners. On and subject to the terms and
conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture,
sell and deliver to the City the street banners. Description ofthe work and design ofthe first Banner,
attached hereto and incorporated herein as though set forth in full is described in Exhibit A (hereafter
"Banners ").
3. Purchase/Sale/Shippinl! Price. The Purchase and Shipping price which City
agrees to pay to Vendor for the Banners shall not exceed Twenty-six Thousand Dollars ($26,000.00)
as described in the Quote (Exhibit B). The Purchase price is final and shall be paid by the City to
Vendor in accordance with the following schedule: thirty (30) days after receipt ofproduct.
4. Scope of Work. Vendor shall manufacture and ship the banners. Vendor
shall provide and furnish all labor, and materials, required for the Work. All of said Work to be
performed and materials to be furnished for the Work shall be in strict accordance with the
specifications set forth in the Scope of Work. The Work shall be completed within the time set forth
in the Agreement Term (item #1). Vendor shall not commence the Work until such time as directed
by the City.
5. Representations and Warranties of V endor. Vendor makes the following
representations and warranties to City:
a. Authoritv and Consents. Vendor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No
approvals or consents of any persons are necessary in connection with Vendor's
execution, delivery, and performance ofthis Agreement, except for such as have been
obtained on or prior to the date hereof. The execution, delivery, and performance of
this Agreement by Vendor have been duly authorized by all necessary action on the
part of Vendor and constitute the legal, valid and binding obligations of Vendor,
enforceable against Vendor in accordance with their respective terms.
b. Title and Condition. Vendor has good and marketable title to all of
the Banners manufactured. All ofthe Banners are free and clear of any restrictions
on or conditions to transfer or assignment, and City will acquire absolute title to all of
C:IWINDOWSlapsdoclnettempI3772I$ASQpdf802066.doc - 1 -
the Banners 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 ofthe Banners are in good condition, are free of any
defects, and are in conformity with the specifications, descriptions, representations
and warranties set forth in the Contract Documents. Vendor is aware the City is
purchasing the Banners for use on street light poles and that City is relying on
Vendor's warranties that the Banners are fit for this purpose and the ordinary
purposes for which the Banners are normally used.
c. Full Disclosure. None ofthe representations and warranties made by
Vendor in this Agreement contains or will contain any untrue statement of a material
fact, or omits to state a material fact necessary to make the statements made, in light
ofthe circumstances under which they were made, not misleading.
6. Perfonnance. Vendor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ,
at a minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of V endor hereunder in meeting its obligations under this Agreement.
7. Citv Annroval. All labor, materials, and services shall be furnished and
work performed and completed subject to the approval ofthe City or its authorized representatives,
and the quality ofthe workmanship shall be guaranteed for four years from date of acceptance. City
shall inspect the Banners at the time and place of delivery. If, in the determination of City, the
Banners fail to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify
Vendor within ten (l0) days of delivery of the Banners to City. Failing such notice, the Banners
shall be deemed accepted by City as of the date of receipt.
8. Time of Deliverv. The Banners shall be delivered according to the Banner
Schedule (schedule subject to changes).
9. Place of Deliverv. The Banners shall be delivered to this location: 43200
Business Park Drive, Temecula, CA 92589-9033.
10. Reiection. In the event of such notice of non-conformity by City pursuantto
Section 6, City may, at its option, (l) reject the whole ofthe Banners, or (2) accept the whole ofthe
Banners. The exercise of any of the above options shall be "without prejudice" and with full
reservation of any rights and remedies of City attendant upon a breach. In the event of such notice
and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the
event that expenses are incurred by City in following such instructions, Vendor shall indemnifY City
in full for such expenses.
11. No Renlacements of Cure. This Agreement calls for strict compliance.
Vendor expressly agrees that the Banners tendered and the tender itself will conform fully to the
terms and conditions ofthe Agreement on the original tender. In the event of rej ection by City ofthe
whole of the Banners or any part thereof pursuant to Section 8, City may, but is not required to,
C:IWINDOWSlapsdoclnettempI3772I$ASQpdf802066.doc - 2 -
accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure ofthe
original tender by Vendor.
12. Indemnification. Vendor agrees to defend, indemnify, protect and hold
hannless the City, its officers, officials, employees, agents and volunteers from and against any and
all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its
officers, officials, employees, agents or volunteers may sustain or incur or which may be imposed
upon them for injury to or death of per sons, or damage to property arising out of or from the Banners
or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the
City.
13. Default of Vendor.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event the Vendor is in default for cause under the terms ofthis Agreement,
the City shall have no obligation or duty to continue compensating Vendor for any work performed
after the date of default and can terminate this Agreement immediately by written notice to the
Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises
out of causes beyond the Vendor's control, and without fault or negligence ofthe Vendor, it shall not
be considered a default.
b. If the City Manager or his delegate determines the Vendor is in default in the
performance of any of the terms or conditions of this Agreement, it shall service the Vendor with
written notice ofthe default. The Vendor shall have ten (10) days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance. In the event the Vendor fails to
cure its default within such period oftime, 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.
14. Liabilitv Insurance. Vendor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
a. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Worker's Compensation as required by the State of California;
Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
C:IWINDOWSlapsdoclnettempI3772I$ASQpdf802066.doc - 3 -
b. Other Insurance Provisions. The general liability policy is to contain, or be
endorsed to contain, the following provisions:
(I) The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
Vendor; or automobiles owned, leased, hired or borrowed by the
Vendor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to the banners/storage and cleaning, the
Vendor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any
insurance or self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Vendor's insurance
and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(4) The Vendor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has
been given to the City.
c. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City.
d. Verification of Coverage. Vendor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete,
certified copies of all required insurance policies, including endorsements affecting the coverage
required by these specifications.
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15. Survival of Representations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive the
execution, delivery, and performance ofthis Agreement.
16. Le!!al 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 ofthe Vendor to comply with this section.
17. Prohibited Interest. No officer, or employee ofthe City ofTemecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or
Vendor's sub-contractors for this agreement, during his/her tenure or for one year thereafter. The
Vendor hereby warrants and represents to the City that no officer or employee of the City of
Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this
transaction, or in the business ofthe Vendor or Vendor's sub-contractors. 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.
18. Independent Vendor. Vendor is and shall at all times remain as to the
City a wholly independent Vendor. The personnel performing the services under this Agreement on
behalf ofthe Vendor shall at all times be under the Vendor's exclusive direction and control. Neither
the City nor any of its officers, employees, agents or volunteers shall have control over the conduct
ofthe Vendor or any ofthe Vendor's officers, employees, agents or volunteers except as set forth in
this Agreement. Vendor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner, officers, employees or agents of the City of Temecula.
Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against
the City, or bind the City in any manner.
19 Assi!!llment. The Vendor shall not assign the performance ofthis Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent ofthe City.
20. 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 ofthe party as set
forth below or at any other address as that party may later designate by Notice:
To Vendor at:
Kelley Display, Inc.
P.O. Box 671
3825 Gregory Ave.
West Sacramento, CA 95691
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To City at:
City of Temecula
PO Box 9033
43200 Business Park Drive
Temecula, California 92589-9033
Attn: City Manager
21. Governinl! Law. The City and Vendor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities ofthe 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 withjurisdiction over
the City of Temecula.
22. Entire Al!reement. This Agreement contains the entire understanding
between the parties relating to the obligations ofthe parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged 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.
23. Authoritv To Execute This Al!reement. The person or persons executing
this Agreement on behalf of Vendor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the
performance of its obligations hereunder.
IIII
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IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on
the day and year first above written.
CITY OF TEMECULA
Ron Roberts
Mayor
Attest:
Susan W. Jones, MMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
Vendor
BY:
Kelley Display, Inc.
NAME:
TITLE:
BY:
NAME:
TITLE:
EXHIBIT A
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DESCRIPTION OF SCOPE OF WORK & DESIGN OF FIRST BANNER
Vendor shall manufacture and ship the banners. Vendor shall provide and furnish all
labor, and materials, required for the Work. All banners are located along Rancho California and
Winchester Roads.
Specs: 30" X 94" digital printing on vinyl material double sided/single thickness
Design ofthe first banner attached. Colors: blue, yellow, green, brown, purple, and
black.
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MAY-11-2006 07:57 AM
P.01
I
EXHIBIT B
Kelley Display, Inc.
3825 Gregory Ave
P.O. Box.671 .
W'estSacramento, CA. 95691
(916) 371-2644
Quotation
DATE Quote Number
511012006 11117
NAME I ADDRESS
City ofTemccuJa
Atcn: Finance Dept
43200 Busmes. PIlI'k Drive
P.O. Box 9033
TemecuIa, CA 92589-9033
SIIfpTo
0J0rla WllIDIck
43200 BusI-. PIri: Drive
TellIeCId.. CA 92589;9033
r--~~---._--_..._-----_._~._---_.__M_-----.-1
I Please visit our webs/Ie at:-
I www kelleyd/sp.!ay com I
.
.------------...~--.-.---_ ._.______4_______~
ClIIlomerCDIItacl ClIllIcmor Phone Cuetomer Fax
0J0rla WoluIdt 9SIoI\9U418 951-694-6499
ITEM MATERIAUJOB DESCRIPTION QTY UNIT PRI... TOTAL
MIlO 30" X 94" DIGITAL PRINTING ON VINYL MATERIAL 240 99.30 :z3.832..00T
DOUBLE SIDED/SINGLE TInCKNESS I
NOTE: IN ORDER TO GET ALL DETAILS ON
BANNERS, WE WILL HAVE TO
MAKE THEM IN DIGITAL PRINT
FREIGHT NOT INCLlJDED
ESTIMATED FREIGHT FOR ALL 240 BANNERS
$500
It's been a pleasure working with youl Satea Tax (7.75%) $1,846.98
PllOne: 916-371-2644 it 800-347.2644 it Fax 916-371-2887 TOTAL $25,678.98
. . .
* Emall.sales@kelleydlsplay.com
......"......,.........
I
By:"::;;;
."
..
Acceped By:
ITEM NO. 19
TEMECULA COMMUNITY
SERVICES DISTRICT
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
MAY 9,2006
A regular meeting of the City of Temecula Community Services District was called to order at
7:37 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Roberts, Naggar, Washington,
and Comerchero
ABSENT:
o
DIRECTORS:
None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
18 Minutes
RECOMMENDATION:
18.1 Approve the minutes of April 25, 2006.
19 TCSD Proposed Rates and Charqes for FY 2006-2007
RECOMMENDATION:
19.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 06-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA
ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE
PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2006-2007 AND
SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION
THEREWITH
R:\Minutes\050906
20 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the
Erie Stanlev Gardner Exhibit Proiect No. PlN04-15CSD
RECOMMENDATION:
20.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Erie Stanley Gardner Exhibit -
Project No. PW04-15CSD.
21 Entertainment Aqreement - Timmv D' Productions
RECOMMENDATION:
21.1 Approve a non-exclusive Entertainment Agreement between the City of Temecula
and Timmy D' Productions in the amount of $80,000, plus a 10% contingency.
MOTION: Director Edwards moved to approve the Consent Calendar Item Nos. 18 - 21.
Director Roberts seconded the motion and electronic vote reflected unanimous approval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
CSD GENERAL MANAGER'S REPORT
No additional comment.
CSD BOARD OF DIRECTORS' REPORTS
No additional comment.
CSD ADJOURNMENT
At 7:38 P.M., the Temecula Community Services District meeting was formally adjourned to
Wednesday, May 17, 2006, at 10:00 A.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California, for the purpose of a Budget Workshop.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL
R:\Minutes\050906
2
ITEM NO. 20
Approvals
City Attorney
Director of Finance
City Manager
~f"
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9c
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Genie Roberts, Director of Finance
DATE:
May 23, 2006
SUBJECT:
Financial Statements for the Nine Months Ended March 31,2006
PREPARED BY:
Jason Simpson, Assistant Finance Director
Pascale Brown, Senior Accountant
RECOMMENDATION: That the Board of Directors receive and file the Financial Statements
for the nine months ended March 31, 2006.
DISCUSSION: The attached financial statements reflect the unaudited activity of the
Community Services District for the nine months ended March 31,2006. Please see the attached
financial statements for an analytical review of financial activity.
FISCAL IMPACT:
None
ATTACHMENTS:
Combining Balance Sheet as of March 31, 2006
Statement of Revenues, Expenditures and Changes in Fund Balance
for the Nine Months Ended March 31, 2006
TEMECULA COMMUNITY SERVICES DISTRICT
Combining Balance Sheet as of
March 31, 2006
And the
Statement of Revenues, Expenditures and
Changes in Fund Balance
For The Nine Months Ended
March 31, 2006
(Unaudited)
Prepared by the Finance Department
Temecula Comrmmity Services District
Combining Balance Sheet
As of March 31, 2006
Parks & Service Service Service
Recreation Level B Level C Level D
Assets:
Cash and investments $ 1,006,040 $ 63,238 $ 2,146 $ 64,385
Receivables 69,583 366 1,681 229
Due from other fimds
Total assets $ 1,075,623 $ 63,604 $ 3,827 $ 64,614
Liabilities and fimd balances:
Liabilities:
Due to other fimds
Other current liabilities $ 416,978 $ 255 $ 116,618 $ 1,459
416,978 255 116,618 1,459
Fnnd balances:
Reserved
Designated 658,645 63,349 (112,791) 63,155
T alaI fund balances 658,645 63,349 (112,791) 63,155
T otalliabilities
and fund balances $ 1,075,623 $ 63,604 $ 3,827 $ 64,614
Please note that these balances are nnaudited
Temecula Comrmmity Services District
Combining Balance Sheet
As of March 31, 2006
Service Service Debt
Level R Level L Service Iotal
Assets:
Cash and investments $ 30,218 $ 353,560 $ 131,749 $ 1,651,336
Receivables 108 878 6 72,851
Due from other fimds
Total assets 30,326 $ 354,438 $ 131,755 $ 1,724,187
Liabilities and fimd balances:
Liabilities:
Due to other fimds
Other current liabilities $ 1,620 $ 7,890 $ 544,820
1,620 7,890 544,820
Fnnd balances:
Reserved $ 131,755
Designated 28,706 346,548 1,047,612
I alaI fund balances 28,706 346,548 131,755 1,179,367
T otalliabilities
and fund balances 30,326 $ 354,438 $ 131,755 $ 1,724,187
Please note that these balances are nnaudited
2
Temecula Comrmmity Services District
Citywide Operations
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
For the Nine Months Ended March 31,2006
Annual Percent
Amended YTD Total of
Budget Activity Encumbr. Activity Budget
Revenues:
Special tax $ 2,999,478 $ 1,542,541 $ 1,542,541 51% (I)
TCSD admin fee creditl"REST" 4,850,200 3,637,650 3,637,650 75%
Recreation programs 1,141,000 820,798 820,798 72%
Investment interest 9,195 13,982 13,982 152% (2)
Development services 123,000 1 06,077 1 06,077 86% (3)
Grant- CSA 143 130,000 130,000 100% (4)
Lease Income 34,600 25,644 74%
Reimbursements/CIP 69,000 50,468 50,468 73%
Total Revenues 9,356,473 6,327,160 6,171,516 68%
Expenditures:
Parks, medians and arterial street lighting 5,528,065 3,656,811 $ 476,192 4,133,003 75%
Seniors 179,7 48 131,705 8,030 139,735 78%
Community Recreation Center (CRC) 475,668 333,432 10,723 344,155 72%
Recreation programs 662,604 435,475 22,869 458,344 69% (5)
T emecula Community Center (TCC) 164,979 108,461 4,006 112,467 68% (5)
Museum 228,250 147,655 4,632 152,287 67% (5)
Aquatics 543,354 342,316 12,093 354,409 65% (5)
Sports 225,178 124,350 11,694 136,044 60% (5)
Children's Museum 268,341 184,338 6,843 191,181 71% (5)
Cornmnnity Theater 776,800 587,715 33,417 621,132 80%
Cultural Arts 142,896 46,305 1,573 47,878 34% (5)
Operating transfers out 500,450 500,450 500,450 100% (6)
Total Expenditures 9,696,333 6,599,013 592,072 7,191,085 74%
Revenues Over!(Under) Expenditures (339,860) (271 ,853)
Beginning Fund Balance, July 1, 2005 930,498 930,498
Ending Fund Balance, March 31, 2006 $ 590,638 $ 658,645
Notes:
1) The second portion of Assessment instalhnent tax is scheduled to be received by the end of May 2006.
2) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee.
3) The increase is due to several plan check fees and inspections collected this quarter for the Wolf Creek projects.
4) The variance is due to CSA 143 Grant fimding received in July of this fiscal year.
5) The variance in Recreation program expenditures is due to decreasing activities during this quarter.
6) The operating transfer to the Debt Service Fnnd is processed in September and March for the semi-annual principal
and interest payments of the Temecula Cornmnnity Services District Certificates Of Participation bonds.
3
Temecula Comrmmity Services District
Service Level B - Residential Street Lights
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
For the Nine Months Ended March 31,2006
Annual
Amended YID Total Percent
Budget Activity Activity of Budget
Revenues:
Assessments $ 595,160 $ 295,537 $ 295,537 50% (I)
Investment Interest 1,770 1,432 1,432 81% (2)
Street lighting fees 20,000 33,518 33,518 168% (3)
Miscellaneous 1,000 800 800 80%
Total Revenues 617 ,930 331,287 331,287 54%
Expenditures:
Salaries & Wages 5,585 4,373 4,373 78%
Street lighting 648,000 421,722 421,722 65% (4)
Miscellaneous 25,900 17,270 $ 6,004 23,274 90% (5)
Total Expenditures 679,485 443,365 6,004 449,369 66%
Revenues Over!(Under) Expenditures (61,555) (112,078)
Beginning Fund Balance, July 1, 2005 175,427 175,427
Ending Fund Balance, March 31,2006 $ 113,872 $ 63,349
Notes:
1) The second portion of Assessment instalhnent tax is scheduled to be received by the end of May 2006.
2) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee.
3) The increase in street lighting fees is due to the timing of developers pulling permits for estimated lighting fees for the fiscal year.
4) The variance is due to decreasing activities in Street lighting during this quarter.
5) The variance is primarily due to encumbrances that are recorded for public notices for the fiscal year.
4
Temecula Comrmmity Services District
Service Level C - Perimeter Landscaping and Slope Maintenance
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
For the Nine Months Ended March 31,2006
Armual
Amended YTD Total Percent
Budget Activity Encumbr. Activity of Budget
Revenues:
Assessments $ 1,269,336 $ 634,478 $ 634,478 50% (I)
Investment interest 4,620 2,135 2,135 46% (2)
Plan check and inspections 30,500 16,174 16,174 53% (3)
Total Revenues 1,304,456 652,787 652,787 50%
Expenditures:
Salaries and wages 243,606 173,337 173,337 71%
Landscape maintenance 810,000 585,945 $ 188,369 774,314 96% (4)
Utilities 290,000 245,130 245,130 85% (5)
Other expenditures 95,700 64,149 19,929 84,078 88% (4)
Total Expenditures 1,439,306 1,068,561 208,298 1,276,859 89%
Revenues Over!(Under) Expenditures (134,850) (415,774)
Beginning Fund Balance, July 1, 2005 302,983 302,983
Ending Fund Balance, March 31,2006 $ 168,133 $ (112,791)
Notes:
1) The second portion of Tax Assessment instalhnent is scheduled to be received by the end of May 2006.
2) Investment interest is lower than expected due to low cash balance for this quarter.
3) The variance is due to developers pulling less permits for plan checks and inspections than expected during this quarter.
4) The variance is primarily due to encumbrances that are recorded for landscape maintenance and consulting
services for the remainder of the year.
5) The variance is due to utilities costs were higher than anticipated for this quarter.
5
Temecula Comrmmity Services District
Service Level D - Refuse Collection, Recycling and Street Sweeping
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
For the Nine Months Ended March 31,2006
Annual
Amended YTD Total Percent
Budget Activity Encumbr. Activity of Budget
Revenues:
Assessments $ 4,493,638 $ 2,224,911 $ $ 2,224,911 50% (I)
Grants 21,000 21,170 21,170 101% (2)
Investment interest 1,500 2,310 2,310 154% (3)
Recycling Program 5,000 5,000 5,000 100% (4)
Total Revenues 4,521,138 2,253,391 2,253,391 50%
Expenditures:
Salaries and wages 42,925 31,628 31,628 74%
Refuse hauling 4,327,414 2,121,396 2,121,396 49% (5)
Other expenditures 55,900 38,061 7,000 45,061 81%
Total Expenditures 4,426,239 2,191,085 7,000 2,198,085 50%
Revenues Over!(Under) Expenditures 94,899 62,306
Beginning Fund Balance, July 1, 2005 849 849
Ending Fund Balance, March 31,2006 $ 95,748 $ 63,155
Notes:
1) The second portion of Tax Assessment instalhnent is scheduled to be received by the end of May 2006.
2) The variance is due to the recycling grant received in July of this fiscal year.
3) Investment interest was higher than expected due to steady interest rate increase by the Federal Open Market Committee.
4) The CR&R recycling grant was received in January of this fiscal year.
5) The second payment to CR&R for Refuse hauling is scheduled to be made in Jnne of this fiscal year.
6
Temecula Comrmmity Services District
Service Level R - Streets and Roads
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
For the Nine Months Ended March 31,2006
Armual
Amended YID Total Percent
Budget Activity Encumbr. Activity of Budget
Revenues:
Assessments $ 9,370 5,679 $ 5,679 61% (I)
Investment interest 725 $ 604 604 83% (2)
Total Revenues 10,095 6,283 6,283 62%
Expenditures:
Emergency Street Maintenance 12,100 8,235 $ 1,765 10,000 83% (3)
Other expenditures 100 80 80 80%
Total Expenditures 12,200 8,315 1,765 10,080 83%
Revenues Over!(Under) Expenditures (2,105) (2,032)
Beginning Fund Balance, July 1, 2005 30,738 30,738
Ending Fund Balance, March 31,2006 $ 28,633 $ 28,706
Notes:
1) The second portion of Tax Assessment instalhnent is scheduled to be received by the end of May 2006.
2) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee.
3) The variance is primarily due to encumbrances that are recorded for Street maintenance for the remainder of the year.
7
Temecula Comrmmity Services District
Service Level L -Lake Park Maintenance
Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual
For the Nine Mmths Ended March 31, 2006
Armual
Amended YID Total Percent
Budget Activity Encumbr. Activity of Budget
Revenues:
Assessments $ 308,000 214,831 $ 214,831 70% (I)
Investment interest 6,000 $ 6,705 6,705 112% (2)
Total Revenues 314,000 221,536 221,536 71%
Expenditures:
Salaries & Wages 27,501 20,227
Lake maintenance 47,500 36,000 $ 10,680 46,680 98% (3)
Other expenditures 132,500 93,595 18,888 112,483 85% (3)
Total Expenditures 207,501 149,822 29,568 159,163 77%
Revenues Over!(Under) Expenditures 106,499 71,714
Beginning Fund Balance, July 1, 2005 274,834 274,834
Ending Fund Balance, March 31,2006 $ 381,333 $ 346,548
Notes:
1) The second portion of Tax Assessment instalhnent is scheduled to be received by the end of May 2006.
2) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee.
3) The variance is primarily due to encumbrances that are recorded for Lake maintenance for the remainder of the year.
8
Temecula Comrmmity Services District
Debt Service Frmd
Statement of Revenues, Expenditures and Changes in Frmd Balance - Budget and Actual
For the Nine Months Ended March 31,2006
Annual
Amended YID Total Percent
Budget Activity Encumbr. Activity of Budget
Revenues:
Investment interest $ 1,750 $ 352 $ 352 20% (1)
Operating transfers in 500,450 500,450 500,450 100% (2)
Total Revenues 502,200 500,802 500,802 100%
Expenditures:
Debt service - principal 240,000 240,000 240,000 100% (3)
Debt service - interest 254,150 129,175 129,175 51% (3)
Other expenditures 6,300 4,400 $ 4,400 70%
Total Expenditures 500,450 373,575 373,575 75%
Revenues Over!(Under) Expenditures 1,750 127,227
Beginning Fund Balance, July 1, 2005 4,528 4,528
Ending Fund Balance, March 31,2006 $ 6,278 $ 131,755
Notes:
l) Investment Interest was lower than expected due to low cash balances from debt service payments.
2) The variance is due to timing of the operating transfer in for principal and interest payment due in October of this year.
3) Debt service principal and interest are scheduled to be paid October 1 and Aprill of this fiscal year.
9
ITEM NO. 21
Approvals
City Attorney
Director of Finance
City Manager
~('"'"
/JJ?.
9tJ
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
May 23, 2006
SUBJECT:
4th of July Fireworks Presentation
PREPARED BY:
Julie Pelletier, Recreation Superintendent
RECOMMENDATION: That the Board of Directors approve a three year Agreement between
the City of Temecula and Pyro Spectaculars, I nc. to provide fireworks presentation in the amount of
$31,500 annually, plus a 10% contingency.
BACKGROUND: Pyro Spectaculars, Inc. has successfully provided an outstanding 4th of
July Fireworks Presentation for the past six years. Pyro Spectaculars, Inc. is a southern California
based professional fireworks display company with a proven record of providing the City of
Temecula with a winning combination of product, qualified staff and production capabilities that
produce an exciting twenty-four minute patriotic fireworks display that the City of Temecula is proud
to sponsor annually.
The cost of services include the knowledge and support of a licensed pyrotechnic operator and
staff, show choreography and design, required permit submittals, insurance coverage, sales tax,
delivery, installation and an electronic firing system.
FISCAL IMPACT: The cost necessary to provide the fireworks display in FY05-06 is
$31,500, plus $3,150 contingency and is currently budgeted in 190-183-999-5370.
ATTACHMENTS:
Attachments
PYRO SPECTACULARS, INC
Fireworks Display Agreement (Special)
1. This Agreement entered into this 23rd day of May. 2006, by and between
PYRO SPECTACULARS, INC., a California corporation hereinafter referred to a
"PYRO" and City of Temecula, hereinafter referred to as "PURCHASER."
2. TERM.
A. This Agreement shall commence on May 23. 2006 and shall
remam and continue in effect until July 31. 2007, unless extended pursuant to this
Agreement, but in no event later than July 31. 2008 unless sooner terminated pursuant to
the provisions ofthis Agreement.
B. PURCHASER reserves the option to extend this Agreement for
one (l) one-year period upon written notice served upon PYRO prior to the expiration of
the initial term of this Agreement, for the sum of Thirty-One Thousand Five Hundred
Dollars ($31,500.00).
3. SERVICES. PYRO agrees to:
A. Furnish PURCHASER, m accordance with the terms and
conditions hereinafter set forth, one fireworks display per calendar year for the Term of
this Agreement submitted, accepted and made part hereof, including the services of a
licensed pyrotechnic operator to take charge of and, along with sufficient assistants,
safely discharge the fireworks display; and
B. Perform the fireworks display on real property next to the Fire
Station #84 - Pauba Road, within the City of Temecula on Event Dates.
C. Event Dates shall occur on:
(l) July 4, 2006 for calendar year 2006;
(2) July 4, 2007 for calendar year 2007;and
(3) If PURCHASER opts to extend this Agreement for an
additional year, July 4, 2008 for calendar year 2008.
4. PURCHASER's RESPONSIBILITIES. PURCHASER, at its own
expense, agrees to provide to PYRO:
A. A suitable fireworks display site in which to stage fireworks
display, including a firing and fallout zone reasonably acceptable to PYRO in which the
fireworks and fireworks debris may be exhibited, rise and fall safely. PYRO affirms that
11086\0007\887989-2
it has physically inspected the site and validate that it was acceptable as configured on the
date of inspection.
B. Adequate policing, guard protection, roping fencing and/or other
crowd control measures to prevent the access of the public or its property or any other
people or property not authorized by PYRO onto the fireworks display site.
C. The services and cost of standby firemen and/or any applicable
permit fees as required by state and local statutes, ordinance or regulations.
D. Assess by PYRO, at all times, to the fireworks display site to set
up the fireworks display.
If PURCHASER fails to fully comply with requirements A, B, C, and/or
D set forth above, PYRO shall have no obligation to perform and PURCHASER agrees
to pay PYRO the entire contract price plus any additional expenses incurred because of
said failure. If, in its sole discretion, PURCHASER designates an area for members of
the public to view the fireworks display ("Spectator Area") and/or an area for vehicular
parking ("Parking Area"), the PURCHASER shall:
E. Ensure that the Spectator Area does not infringe on the fireworks
display site;
F. Have sole responsibility for ensuring that the terrain of the
Spectator Area and any structures thereon, including, but not limited to grandstands and
bleachers are safe for use by spectators;
G. Have sole responsibility for ensuring that the Parking Area is safe
for use;
H. Have sole responsibility to police, monitor and appropriately
control spectator access to the wectator Area and the Parking Area and police, monitor
and appropriately control the behavior of persons in these areas.
It is expressly agreed that PYRO, (including its operators and helpers) shall not
inspect, police, monitor or otherwise supervise any area ofthe site other than the
fireworks display site, except to ensure:
1. That any Spectator or Parking Area is outside the fireworks display
site;
and
1. After completion of the fireworks display, that the fireworks
display site is cleared of any live fireworks debris origination from the program.
11086\0007\887989-2
5. PAYMENT. PURCHASER shall pay to PYRO the sum of Thirty-One
Thousand Five Hundred Dollars ($31,500.00) for each calendar year Event Date. A
deposit of Fifteen Thousand Seven Hundred and Fifty Dollars ($15,750.00) must be paid
sixty (60) days before each Event Date. Full final payment is due the first regular
business day after the date set for the fireworks display. A finance charge at a periodic
rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by
law, whichever is less, will be charged on the unpaid balance after ten (10) days from the
date of the fireworks display. PURCHASER, by signing this Agreement, authorizes
PYRO to receive and verify financial information concerning PURCHASER from any
person or entity.
6. SAFETY AND POSTPONEMENT. PURCHASER agrees to
assume the risk of weather, or other causes beyond PYRO's control, which may prevent
the fireworks display from being safely discharged on the scheduled date, which may
cause the cancellation of any event for which the PURCHASER has purchased the
fireworks display, or which may affect or damage such portion of the exhibits as must be
placed and exposed a necessary time before the fireworks display. It shall be within
PYRO's sole discretion to determine whether or not the fireworks display may be safely
discharged on the scheduled date and at the scheduled time. If, for any reason beyond
PYRO's control, including, without limitation, inclement weather, PYRO is unable to
safely discharge the fireworks display on the scheduled date or should any event for
which PURCHASER has purchased the fireworks display be canceled, the parties shall
attempt to negotiate a new fireworks display date, which shall be within sixty (60) days
ofthe original fireworks display date. PURCHASER further agrees to pay PYRO for any
additional expenses made necessary by this postponement. If they are unable to agree on
a new fireworks display date, PYRO shall be entitled to liquidate damages from
PURCHASER as if PURCHASER had cancelled the fireworks display on the date set
forth the fireworks display, as provided in the following paragraph.
7. CANCELLATION. PURCHASER shall have the option to unilaterally
cancel this fireworks display prior to the date of the fireworks display.
A. If PURCHASER exercises this option, PURCHASER agrees to
pay PYRO, as liquidated damages, the following percentages ofthe agreed contract price:
(I) 25% if cancellation occurs three (3) or more days prior to the
scheduled day ofthe fireworks display;
11086\0007\887989-2
(2) 50% if cancellation occurs within two (2) days of the actual
date set for the fireworks display;
(3) 75% if cancellation occurs on the date set for the fireworks
display but prior to the time physical set-up of the fireworks display actually begins;
(4) prior to the time physical set-up of the fireworks display 100%
thereafter.
If cancellation occurs prior to the date set for the fireworks display and prior to
the time set-up has occurred, PURCHASER agrees to pay PYRO in addition to the above
percentages, the value associated with any specific custom work performed by PYRO or
its agents including but not limited to music/narration tape production and/or sponsors
logos.
B. In the event PURCHASER cancels the fireworks display, it will be
impractical or extremely difficult to fix the actual amount of PYRO's damages. The
foregoing represents a reasonable estimate of the damages PYRO will suffer if
PURCHASER cancels the fireworks display.
8. OWNERSHIP RIGHTS. PYRO reserves the ownership rights and
trade names that are used in or are a product of the fireworks display to be performed
herein. Any reproduction by sound, video or other duplication or recording process
without express written permission ofPYRO is prohibited.
9. INSURANCE REQUIREMENTS. PYRO agrees to furnish insurance
coverage III connection with the fireworks display only, for the following risks and
amounts: bodily injury and property damage, including products liability FIVE
MILLION DOLLARS ($5,000,000) combined single limits. Such insurance shall be in
accordance with Exhibit "A", and shall include PURCHASER as an additional insured
regarding claims made against PURCHASER for bodily injury or property damage
arising from the operations of PYRO in performing the fireworks display provided for in
this Agreement. Such insurance afforded by PYRO shall not include claims made against
PURCHASER for bodily injury or property damage arising from (a) failure of
PURCHASER, including through or by its employees, agents and/or independent
contractors, to perform its obligations under this Agreement; including, without
limitation, those contained in Paragraph 4 of this Agreement; (b) failure of the
PURCHASER, to provide discretionary Spectator and Parking Areas referred to in
Paragraph 4 ofthis Agreement. PURCHASER shall indemnify and hold PYRO harmless
11086\0007\887989-2
from all claims and suits made against PYRO for bodily injury or property damage
arising from (a) and (b) ofthis paragraph.
10. BREACH. In the event PYRO breaches this Agreement, or is
otherwise negligent in performing the fireworks display provided herein, PURCHASER
shall, under no circumstances, be entitled to recover any consequential damages from
PYRO including, without limitation, for loss of income, business or profits. Nothing in
this paragraph shall be construed as a modification or limitation on the insurance
coverage afforded in Paragraph 9 above, or upon PYRO's indemnification if
PURCHASER for third party claims in the event PYRO fails to provide such insurance
coverage.
11. INDEMNIFICATION. PYRO agrees to defend, indemnify, protect
and hold harmless the PURCHASER, its officers, officials, employees and volunteers
from and against any and all liabilities claims, demands, losses, defense costs or
expenses, including attorney fees and expert witness fees, which the PURCHASER, its
officers, agents and employees may sustain or incur or which may be imposed upon them
for injury to or death of persons, or damage to property to the extent such arise out of
PYRO's performance_ofthis Agreement.
12. INDEPENDENT CONTRACTOR.
A. PYRO is and shall at all times remain as to the PURCHASER a
wholly independent contractor. The personnel performing the services under this
Agreement on behalf of PYRO shall at all times be under PYRO's exclusive direction
and control. Neither PURCHASER nor any of its officers, employees, agents, or
volunteers shall have control over the conduct of PYRO or any of PYRO's officers,
employees or agents, except as set forth in this Agreement. PYRO shall not at any time
or in any manner represent that it is or any of its officers, employees or agents are in any
manner officers, employees or agents of the PURCHASER. PYRO shall not incur or
have the power to incur any debt, obligation or liability whatever against PURCHASER,
or bind PURCHASER in any manner.
B. No employee benefits shall be available to PYRO in connection
with the performance of this Agreement. Except for the fees paid to PYRO, as provided
in the Agreement, PURCHASER shall not pay salaries, wages or other compensation to
PYRO for performing services hereunder for PURCHASER. PURCHASER shall not be
11086\0007\887989-2
liable for compensation or indemnification to PYRO for injury or sickness arising out of
performing services hereunder.
C. It is agreed that nothing in this Agreement or in PYRO's
performance of the fireworks display provided for herein shall be construed as forming a
partnership or joint venture between PURCHASER and PYRO. The parties hereto shall
be severally responsible for their own separate debts and obligations and neither party
shall be held responsible for any agreement or obligations not expressly provided for
herein.
13.
GOVERNING LAW.
This Agreement shall be governed and
interpreted under the laws of the State of California. It is further agreed that the courts of
the State of California shall have exclusive jurisdiction to adjudicate any disputes arising
out of this contract or performance of the fireworks display provided for herein. It is
further agreed that the Central Judicial District of San Bernardino County, California,
shall be proper venue for any such action. If any legal action is brought to enforce or
interpret the terms or provisions of this Agreement, the prevailing party shall be entitled
to reasonable attorney fees and costs in addition to any other relief to which they may be
entitled.
14.
LEGAL RESPONSIBILITIES.
PYRO shall keep itself informed of
all local, State and Federal ordinances, laws, regulations and copyrights which in any
manner affect those employed by it or in any way affect the performance of its service
pursuant to this Agreement. PYRO shall at all times observe and comply with all such
ordinances, laws, regulations and copyrights. The PURCHASER, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of PYRO to
comply with this section.
15. NOTICES. Any Notice to the parties permitted or required under this
Agreement may be given by mailing such Notice in the United States Mail, postage
prepaid, first class, addressed as follows:
PYRO:
Pyro Spectaculars, Inc.
P.O. Box 232
Rialto, California 92377
PURCHASER:
City of Temecula
P.O. Box 9033
Temecula, California 92589-9033
11086\0007\887989-2
16. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All terms of this Agreement are in writing and may only be modified by
written agreement of both parties hereto. Both parties acknowledge the have received a
copy of said written Agreement and agree to be bound by said terms of this written
Agreement only.
17. MISCELLANEOUS. If there is more than one PURCHASER, they shall
be jointly and severally responsible to perform PURCHASER's obligations under this
Agreement. This Agreement shall become effective after it is executed and accepted by
PURCHASER and after it is executed by PYRO at PYRO's offices in Rialto, California.
This Agreement may be executed in several counter parts, including faxed copies, each
one of which shall be deemed an original against the party executing same. This
Agreement shall be binding upon the parties hereto and upon their heirs, successors,
executors, administrators and assigns. PURCHASER recognizes that because of the
nature of fireworks, an industry accepted level of 3% of the product used in any fireworks
display may not function as designed and this level of nonperformance is acceptable as
full performance. Price firm through Mav 30, 2006, unless Council approves Agreement
prior to Mav 30, 2006, in which case the price will be the price set forth in Section 2.B.
Price includes full electronic firing. PURCHASER to provide firing site,
communications, and security. PURCHASER responsible for payment offire department
permit and standby fees, if applicable.
11086\0007\887989-2
IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized
agents, have set their hands and seals this 23rd day of May 2006.
TEMECULA COMMUNITY SERVICES DISTRICT
Jeff Comerchero, President
Peter M. Thorson, City Attornev
Attest:
Susan W. Jones, MMC, City Clerk
PYRO SPECTACULARS, INC.
James R. Souza, President
11086\0007\887989-2
TCSD
DEPARTMENTAL REPORT
ITEM NO. 22
Approvals
City Attorney
Director of Finance
City Manager
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9c
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
May 23, 2006
SUBJECT:
Monthly Departmental Report
PREPARED BY:
Gail Zigler, Administrative Assistant
Construction of the Patricia H. Birdsall Sports Park (Wolf Creek Sports Complex) continues.
Installation of the field lighting, installation of artificial turf fields and parking lot are complete.
Construction of the buildings and irrigation systems continues.
Construction of the Temecula Public Library project is currently underway. Construction of the
retainer walls is complete and the structural steel is nearing completion. Staff continues to meet
regularly to discuss furniture selections, information systems needs, etc.
Construction of the Boys and Girls Club project at Kent Hintergardt Memorial Park is currently
underway. Standard Pacific has started construction of the parking lot improvements. A contract
will go forward to the City Council on May 23, 2006 with Edge Development, I nc., for construction of
a basketball court at Kent Hintergardt Memorial Park in conjunction with the construction of the Boys
and Girls Club project.
On May 8th the Recreation Division held the kick-off for the Annual F.I.T. (Fitness in Temecula)
program. F.I.T. will be held Monday through Friday, 6:00pm to 8:00pm at Ronald Reagan Sports
Park and Harveston Community Park, through summer until September 15, 2006. Participants can
sign-up at one of these two park sites and participate in a walking or jogging program. The program
is designed to promote health and fitness in the community and will offer participants incentives to
maintain a health and exercise regimen, provide handouts and information on health and dietary
guidelines, and other promotional materials.
The Community Services Department released an RFQ to landscape architect firms for Redhawk
Park Improvements forthe four Redhawk park sites acquired on June 30, 2005 with the annexation
of Redhawk into the City of Temecula. The City Council approved a contract with RJM Design
Group to begin designing the improvements to the park sites. These improvements include picnic
tables, picnic shelters, park benches, sidewalks, tot lots, etc. A meeting took place on May 17, 2006
with members of the Redhawk Community and the landscape architect to discuss design elements
for these four park sites.
The Cultural Arts Division is busy programming for the remainder of the spring sessions of classes
and activities as outlined in the Guide to Leisure Activities. The Cultural Arts Division is currently
planning and programming classes, activities and events for the summer/fall edition of the Cultural
Arts and Activities Guide, a part of the Guide to Leisure Activities, and include the Summer Sunsets
Film and Concert Series, and the Old Town Temecula Community Theater's musical and theatrical
performance line-up. In addition the Cultural Arts Division is responsible for the day-to-day
operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum
and the Imagination Workshop, Temecula Children's Museum.
The Development Services Division continues to participate in the development review for projects
within the City including Wolf Creek, Roripaugh and Harveston, as well as overseeing the
development of parks and recreation facilities, and the contract for refuse and recycling, cable
television services and assessment administration.
The TCSD Maintenance Division continues to oversee the maintenance of all City parks and
facilities, and assist in all aspects of Citywide special events.
The Recreation Division is currently completing the spring programs and activities. Staff is
preparing the summer/fall edition of the Guide to Leisure Activities, as well as programming for
summer/fall classes, activities and special events to include the annual S.M.A.R.T. program, the
Summer Day Camp Program, swim lessons and daily public swim, the Annual4'h of July parade and
fireworks extravaganza, as well as many other classes, programs and activities.
REDEVELOPMENT
AGENCY
ITEM NO. 23
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
MAY 9,2006
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:39
PM., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Edwards, Roberts,
Washington, and Naggar
ABSENT:
o
AGENCY MEMBERS:
None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
RDA CONSENT CALENDAR
22 Minutes
RECOMMENDATION:
22.1 Approve the minutes of April 25, 2006.
MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency
Member Edwards seconded the motion and electronic vote reflected unanimous approval.
RDA EXECUTIVE DIRECTOR'S REPORT
No additional comment.
RDA AGENCY MEMBERS' REPORTS
No additional comment.
R\M inutes\050906
RDA ADJOURNMENT
At 7:39 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Wednesday, May 17, 2006, at 10:00 A.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California, for the purpose of a Budget Workshop.
Michael S. Naggar, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R\M inutes\050906
2
ITEM NO. 24
Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
Genie Roberts, Director of Finance
DATE:
May 23, 2006
SUBJECT:
Financial Statements for the Nine Months Ended March 31,2006
PREPARED BY:
Jason Simpson, Assistant Finance Director
Pascale Brown, Senior Accountant
RECOMMENDATION: That the Agency Members:
1. Receive and file the Financial Statements for the Nine Months Ended March 31, 2006.
BACKGROUND: The attached financial statements reflectthe unaudited activity of the
Redevelopment Agency for the nine months ended March 31, 2006. Please see the attached
financial statements for an analytical review of financial activity.
FISCAL IMPACT:
None
ATTACHMENTS:
Combining Balance Sheet as of March 31, 2006
Statement of Revenues, Expenditures and Changes in Fund Balance
for the nine months ended March 31, 2006
TEMECULAREDEVELOPMENTAGENCY
Combining Balance Sheet as of
March 31, 2006
And the
Statement of Revenues, Expenditures and
Changes in Fund Balance
For The Nine Months Ended
March 31, 2006
(Unaudited)
Prepared by the Finance Department
Temecula Redevelopment Agency
Combining Balance Sheet
As of March 31, 2006
Low/Mod CIP Debt
Fund Fund Service Iolal
Assets:
Cash and investments $ 11 ,211 ,880 $ 1,534,562 $ 1,605,196 $ 14,351,638
Receivables 1,084,635 282,210 46,273 1,413,118
Land held for resale 98,484 98,484
Total assets $ 12,296,515 $ 1,915,256 $ 1,651,469 $ 15,863,240
Liabilities and fimd balances:
Liabilities:
Due to other fimds
Other current liabilities $ 235,624 $ 41,712 $ 1,644,559 $ 1,921,895
Deferred revenue 532,705 125,000 657,705
Total liabilities 768,329 166,712 1,644,559 2,579,600
Fnnd balances:
Reserved 11 ,528, 186 1,7 48,544 6,910 13,283,640
Designated
Undesignated
I alaI fund balances 11 ,528, 186 1,7 48,544 6,910 13,283,640
T otalliabilities
and fund balances $ 12,296,515 $ 1,915,256 $ 1,651,469 $ 15,863,240
Please note that these balances are lUlaudited
City of Ternecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual
Redevelopment Agency Low/Moderate Income Housing
For the Nine Months Ended March 31,2006
Annual
Amended YID Iotal Percent
Budget Activity EnclUllbr. Activity of Budget
Revenues:
Property tax increment $ 2,955,533 $ 1,686,662 $ 1,686,662 57% (1)
Investment interest 205,670 203,015 203,015 99% (2)
Rental income 121,000 121,000 121,000 100% (3)
Forgivable Loan Repayment/Mise 101,000 107,020 107,020 106% (4)
Total Revenues 3,383,203 2,117,697 2,117,697 63%
Expenditures:
Salaries and benefits 300,202 216,307 216,307 72%
Operating and administrative expenditures 491,931 233,142 $ 120,319 353,461 72%
Hornebuyer programs 300,000 (5)
Affordable housing I future obligation 305,000 305,000 305,000 100% (6)
Residential rehabilitation programs 370,054 237,167 83,596 320,763 87% (7)
Affordable housing -Pujol Neighbor 2,000,000 13,361 13,361 1% (8)
Old Town Mixed Use 3,050,961 961 961 0% (8)
Ternecula Education Center 3,000,000 7,598 4,665 12,263 0% (9)
Total Expenditures 9,818,148 1,012,575 209,541 1,222,116 12%
Revenues Over/(Under) Expenditures (6,434,945) 1,105,122
Beginning Fund Balance, July I, 2005 10,423,064 10,423,064
Ending Flllld Balance, March 31,2006 $ 3,988,119 $ 11,528,186
Notes:
1) The second portion of property tax increment is scheduled to be received by the end of May 2006.
2) Investment interest was higher than expected due to steady interest rates increases by the Federal Open Market Committee.
3) The variance is due to annual rent received from Ternecula Gardens during this quarter.
4) The variance is due to several repayments received from the residential rehab program.
5) There is no program activity during this quarter, however, applications are being accepted for review.
6) The variance is due to the annual contribution to Mission Village Project rehabilitation made during this quarter.
7) The variance is due to several residential improvement loans approved during this quarter.
8) The Affordable Housing Improvements and Old Town Mixed Use projects are not scheduled to begin lUltil next fiscal year.
9) The Temecula Education Center construction project was awarded in April 2006 for rough grading and soil excavation.
2
City ofTemecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in FlUld Balance - Budget and Actual
Redevelopment Agency-CIP
For the Nine Months Ended March 31, 2006
Notes:
I) Investment interest was higher than expected due to steady interest rate increases by the Federal Open Market Committee.
2) The variance is due to several miscellaneous property tax escrow refimds from prior year and revenues from Old Town Antique Show.
3) The variance is due to the timing of the operating transfer in during this fiscal year.
4) The variance in Gateway Landscape is due to encumbrances that are recorded for the completion of the project for this year.
5) Ihe elP projects Erle Stanley Gardner, Old Iown Sign, Southside Parking, and have not yet started and
WIfeless \VIFI Hot zone have not yet been completed during this quarter.
6) The variance in operating expenditures is due to decreasing activities during this quarter.
7) The ERAFpayrnent is not due to the COlUlty Auditors lUltil May of this fiscal year.
8) The variance in Old Town plan implementation is due to increasing activities in entertainment and marketing Old Town.
9) The variance in banner program is due replacing and cleaning old banners for special events in Old Town.
10) The CIP Project Community Theater budgeted with this fimd was completed in October 2005.
3
City ofTemecula Redevelopment .Agency
Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual
Redevelopment .Agency - Debt Service
For the Nine Months Ended March 31, 2006
Annual
Amended YID Iotal Percent
Budget Activity Encurnbr. Activity of Budget
Revenues:
Property tax increment $ 11,822,133 $ 6,746,647 6,746,647 57% (1)
Investment interest 47,400 38,232 38,232 81% (2)
Total Revenues 11,869,533 6,784,879 6,784,879 57%
Expenditures:
Trustees adrnin fees 5,000 4,850 2,500 7,350 147% (3)
Property Tax adrnin Fees 130,000 101,544 101,544 78%
Pass-through agreements 8,229,710 4,734,783 4,734,783 58% (4)
Debt service - principal 405,000 405,000 405,000 100% (5)
Debt service - interest 1,374,485 1,438,118 1,438,118 105% (5)
Operating transfers out 2,097,100 1,842,075 1,842,075 88% (6)
Total Expenditures 12,241,295 8,526,370 2,500 8,528,870 70%
Revenues Over/CUnder) Expenditures (371,762) (1,741,491)
Beginning Fund Balance, July I, 2005 1,748,401 1,748,401
Ending Fund Balance, March 31, 2006 $ 1,376,639 $ 6,910
Notes:
1) The second portion of property tax increment is scheduled to be received by end of May 2006.
2) Investment interest was higher than expected due to steady interest rates increases by the Federal Open Market Committee.
3) The variance is due to arbitrage encurnbrances that was not included in the budget.
4) Pass-through agreements are paid in May of this fiscal year.
5) Debt Service Principal and Interest are due and payable by the first of September of each fiscal year.
6) The variance is due to timing of operating transfers out during this quarter.
4
ITEM NO. 25
Approvals
City Attorney
Director of Finance
City Manager
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JIll
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
William G, Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Lot Line Adjustment and Grant Deed Associated with the Old Town Temecula
Community Theater - Project No, PW02-23
PREPARED BY:
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION:
That the Agency Members:
1, Approve submission of a lot line adjustment between assessors parcel number 922-036-036
(Childrens Museum) and assessors parcel number 922-036-019 (Pottery Shop) and
authorize the Executive Director execute the lot line adjustment application on behalf of the
Redevelopment Agency,
2, Approve the conveyance of a portion of land from assessors parcel number 922-036-019
(Pottery Shop) to assessors parcel number 922-036-036 (Childrens Museum), and execute
the Certificate of Acceptance of the Grant Deed, included as part of the Lot Line Adjustment
Package, conveying land from the EI Rancho Verde Trust (Jack and Wandelea Green
trustees) to the Redevelopment Agency,
BACKGROUND: At the start of construction of the Community Theater it became
apparent that the actual property boundaries of the Theater and the Mercantile Building conflicted
with the physical location of existing boundary fences and it became known that the Children's
Museum structure encroached slightly into the adjacent parcel to the east (Pottery Shop) which is
owned by the Trustees of the EI Rancho Verde Trust (Jack & Wandelea Green), In addition, a
portion of the Pottery Shop storm runoff had historically drained through the Theater property into
Murrieta Creek and as a result we (City) were obligated to address this runoff with the Theater
improvements, Staff met and negotiated resolutions to numerous boundary and drainage issues,
the majority which are outlined in the attached Agreement executed administratively between the
City and owners of the Pottery Shop (Green) to resolve these issues and allow the project to move
forward as quickly as possible,
Under the Agreement the City agreed to execute a lot line adjustment thereby conveying 2,3 feet of
the western boundary of the Mercantile property to Green and Green agreed to execute a lot line
adjustment conveying approximately 02 feet of the western boundary of the Pottery Shop to the City
of Temecula Redevelopment Agency (recorded owner of the Children Museum property), The lot
line adjustment approving conveyance of property to Green is an item on tonight's City agenda, The
City's conveyance of 2,3 feet along the western Mercantile Boundary places an existing fence
entirely on the Green parcel for their exclusive use and is offset with the Green conveyance of
approximately 02 feet which permanently resolves encroachment of the Children's Museum unto
the Pottery Shop and, although not stipulated in the Agreement, these lot adjustments prompted
Green to remove an encroachment of the Pottery Shop into the Theater property well in advance of
the fully executed Agreement which was critical to completing the Theater project on time, The
drainage issues outlined in the Agreement where addressed during construction of the Theater, It
should be noted that these lot line adjustments will not impact any of the existing Community
Theater improvements because the improvements were constructed to conform to the new lot lines,
FISCAL IMPACT: There is no direct fiscal impact with the recommended actions, The
expenses forthe drainage improvements, preparation of the lot line adjustments and all Community
Theater improvements were budgeted in the Capital Improvement Project Budgetfor project PW02-
23, the Old Town Temecula Community Theater,
ATTACHMENTS:
1, Agreement between Green and City of Temecula
2, Lot Line Adjustment Application (PA05-0006) Package
WHEN RECORDED MAIL TO:
Susan Jones
City Clerk
CITY OF TEMECULA
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of ~'/!:.t-.\\3E.R 1.. ,2004, by
and between the CITY OF TEMECULA, A Municipal Corporation ("City") and Jack L. Green
and Wandalea Green, Trustees of the EI Rancho Verde Trust ("Green'').
RECITALS
A. City is the owner of those certain improved real properties located' in the City of
Temecula, County of Riverside, State of California, commonly known as Assessor Parcel
Numbers 922-036-020, and 922-036-031 (the "Theater Site"), and Assessor Parcel Number 922-
036-028 (the "Children's Musuem").
B. Green is the owner of that certain improved real property located in the City of
Temecula, County of Riverside, State of California, commonly known as Assessor's Parcel
Number 922-036-019 (the "Green Parcel").
C. City has made improvements to the Children's Musuem and is in the process of
constructing a Community Theater on the Theater Site. Collectively the Theater Site and
Children's Musuem surround the Green Parcel on three sides.
D. In order to set forth certain rights and obligations with respect to the Parcels, the
City and Green have agreed to the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
set forth herein, the City and the Green hereby agree as follows:
1. Drainage. City acknowledges that development of the Theater Site will impact
the existing drainage pattern of a portion of the Green Parcel. City will preserve the existing
drainage pattern on the Green Parcel by designing and constructing, at its sole cost and expense,
two (2) surface level catch basins at the northwest property line corners of the Green Parcel.
Once constructed the maintenance, operation or repair of the catch basins and collection piping to
its connection to the City system (the "Drainage System") shall be at the sole cost and expense of
Green. City also will design and construct a nominally dimensioned 4 inch by 4 inch wooden
Page 1 of5
post fence along the northwest property line of the Green Parcel inside the proposed new
property wall to be constructed on the Theater Site. Once the wooden post fence is constructed
maintenance or repair of the fence shall be the sole cost and expense of Green.
2. Southwest Boundary between the Green Parcel and the Children's Musuem.
The City has, at its sole cost and expense, surveyed the southwest boundary line between the
Green Parcel and the Children's Musuem and determined that the lot line between the parcels
needs to be shifted 0.20 feet (2.4 inches) to the northeast. The City has, at its sole cost and
expense, prepared a lot line adjustment to carry out this change. Green hereby agrees to approve
and cooperate with the City in carrying out the lot line adjustment.
3. Northeast Boundary between the Green Parcel and the Theater Site. The
City has, at its sole cost and expeuse, surveyed the boundary line between the Green Parcel and
the Theater Site and determined that the lot line between the parcels needs to be shifted 2.30 feet
(2 feet 3.6 inches) to the northeast. The City has, at its sole cost and expense, prepared a lot line
adjustment to carry out this change. Green hereby agrees to approve and cooperate with the City
in carrying out the lot line adjustment. In addition, as part of this lot line adjustment Green
agrees to be solely responsible for maintenance and repair of the existing wooden fence parallel
with their northeast property line.
4. Right of Entry. Green hereby agrees to grant Right of Entry to the City and its
consultants and contractors to design and construct the aforementioned improvements on the
Green and City Parcels. The Right of Entry shall terminate upon completion of the
aforementioned improvements or July 31,2005, whichever occurs first.
5. Rights of Lenders. No breach or violation of the covenants herein shall defeat or
render invalid the lien of any mortgage, deed of trust or similar instrument hereinafter placed on
any of the Parcels securing a loan made in good faith and for value by a bona fide third party
lender with respect to the financing of the Parcels or any portion thereof, or with respect to the
construction of improvements thereon.
6. Indemnity and Insurance. Each party hereto shall indemnifY, defend, protect
and hold the other party, its tenants, officers, directors, members, partners, shareholders, first
mortgagees, agents arid employees hamiless from and against any and all claims, proceedings,
lawsuits, liabilities, damages, injuries, deaths, losses, fines, penalties, judgments, liens (including
mechanic's and materialman's liens), awards, costs and expenses, including, without limitation,
reasonable attorney's fees and costs, that arise out of, or in any way relate to, the use of the
Easement by such party's tenants, subtenants, licensees, employees, agents, invitees, legal
representatives, successors and assigns. . This indemnity shall survive the termination ofthis
Agreement.
7. Further Assnrances. Each party agrees to execute and deliver all such further
documents and to take all such further actions as may be reasonably requested by the other party
to fully effectuate the terms and provisions of this Agreement, provided that such documents or
actions do not materially limit, reduce or impair the rights of the party upon whom such request
is made.
Page 2 of 5
8. Termination. This Agreement may not be terminated until all drainage
improvements and boundary fencing are completed and in place and the lot line adjustments have
been fully executed and recorded. After completion of the aforementioned, either party may
tenninate this Agreement by tendering a written 30 Day Notice of Termination to the other party.
9. Attorneys' Fees and Costs. In any dispute between the parties regarding the
enforcement of any rights under this Agreement (regardless of whether or not litigation is
commenced between the parties), the prevailing party shall be entitled to receive from the non-
prevailing party any and all of the costs and expenses incurred by the prevailing party in
connection with the dispute, including, without limitation, reasonable attorneys' and consultants'
fees and expenses.
10. Notices. Any notice required or permitted to be given hereunder shall be effective
only if given in writing, and sent by certified or registered mail, return receipt requested, postage
prepaid, overnight air courier, personal delivery or by facsimile or telecopier with written
evidence of successful transmission, addressed as follows:
If to City:
Director of Public Works
City of Temecula
. 43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Fax: (951) 694-6475
Phone: (951) 694-6411
If to Green:
JackL. Green
6035 Rainbow Heights Road
Fallbrook, CA 92028 .
Phone: (951) 676-3370
orto such other address as the parties may designate as its new address for such purpose by
giving notice to the other in accordance with this Section. Notice shall be deemed to have been
given three (3) days after the date it has been mailed in accordance with this Section if sent by
certified or registered mail, one (1) day after the date it has been delivered to the courier if sent
by overnight air courier, or upon the date facsimile transmission is successfully made or personal
delivery is made if delivered personally, except that a notice of change of address of any party
shall be effective only upon receipt.
11. Amendment or Modification. This Agreement may not be modified or amended
except by a written agreement executed by all of the Owners.
12. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
13. Severability. The invalidity or unenforceability of any provision of this
Agreement with respect to a particular party or set of circumstances shall not in any way affect
Page 3 of 5
the validity or enforceability of any other provision hereof, or the same provision when applied to
another party or to a different set of circumstances.
14. Entire Agreement. This Agreement, including the Exhibits attached hereto,
contains the entire agreement with regard to the subject matter described herein and all prior
negotiations and agreements are merged herein.
15. Captions. The section headings or captions nsed herein are for convenience
only and are not a part of this instrument and do not in any way limit, define or amplify the scope
or intent ofthe terms and provisions hereof.
16. Waiver. No waiver of a breach of any of these covenants and no delay or failure
to enforce any of these covenants shall be construed or held to be a waiver of any succeeding or
preceding breach of the same or any other of these covenants. No waiver of any breach
hereunder shall be implied from any omission by any party to take any action on account of such
breach if such breach persists or is repeated, and no express waiver shall affect a breach other
than as specified in said waiver.
17. Successors and Assigns. All covenants, conditions, easements and agreements
contained herein, including, without limitation, all benefits and burdens (a) shall run with the
Parcels for the benefit of all other Parcels; (b) are made for the direct, mutual and reciprocal
benefit of each and every part of the Parcels; and (c) shall be binding upon the heirs, successors,
assigns and tenants of the parties hereto.
18. No Dedication for Public Use. This Agreement is not intended to, and does not,
constitute a dedication for public use of all or any portion of the Easement or the Parcels, and the
rights granted herein are private and for the benefit only of the parties hereto and their respective
tenants, subtenants, licensees, employees, agents, invitees, legal representatives, successors and
assigns.
20. Counterparts. This Agreement may be signed in mnltiple counterparts which,
when signed by all parties, shall constitute a binding agreement.
Page 4 of 5 .
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date
fIrst above written.
CITY:
Dated: 12.114/01.-/-,2004
.
GREEN:
Dated: //.h ft;;.'7' ,2004
By:
Page 5 of 5
CITY OF TEMECULA, a Municipal
Corporation
El Rancho Verde Trust
~~ ack L. Green, Trustee
/
,
dJthu/k~~
Wandalea Green, Trustee
APPROVED AS TO FORM:
~
Peter M. Thorson, City Attorney
STATE OF CALIFORNIA )
COUNTY OF 4.e<;:Q.J>\1., ~
.. On~ ( ~(2oo4,beforeme,)J.#v1p5~~.ro.J ,personallyappeared
r\Ii:-~ !tft.9'iJ tl/tA dli &J , personally known to be (or ptoved me on the basis of
satisfactory evidence) to be the person(s) whose name(s) *are subscribed to the within
instrument and acknowledged to me that helshe{they executed the same in higiher/their
authorized capacity(ies), and that by his.lher/their signature on the instrument the person( s), or the
entity upon behalf of which the person(s) acted, executed the instrument. .
~SS ~y ~~d rand_official seal.
rQ -""" 1
. DAVID B. THOMPSON '"
- NOTARY PUBLlc-CALIFORNIA~
III COMM. NO. 1294815 ~
"" , RIVERSIDE COUNTY J
[J ._ MY_COMM~=:":~AR~~:l._~
~
Date Stamp
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
(909) 694-6400 * FAX (909) 694-6477
APPLICATION FOR LOT LINE ADJUSTMENT
PROJECT INFORMATION
(INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED)
PLANNING APPLICATION NO. PA05-0006
DATE SUBMITTED
April 2006
REASON FOR LOT LINE ADJUSTMENT (B,S",if<.A""hAdditiooolS,,",.IfN==y' To move the lot line between lots 2 and 3
northeast so the existing Children's Museum will be south of this line.
ASSESSOR'S PARCEL No, (Parcel A) 922-036-019
PROPERTY ADDRESS
42061 Main Street
ASSESSOR'S PARCEL No, (Parce1J() 922-036-036
B
PROPERTY ADDRESS
42081 Main Street
(Use Additional Sheets if Necessary)
~
_C_,_'_ _ .>., ." ....-. ._.... .... :.'
APPLICANT/OWNER INFORMATION
~
APPLICANT McBride
LAST
David
FIRST
E. PHONE (951) 694-6411
MI
Temecula CA 92589
CITY STATE ZIP
Jack & Wandalea PHONE (951) 676-3370
FIRST MI
Temecula CA 92590
CITY STATE ZIP
Shawn D. PHONE (951) 694-6411
FIRST MI
Temecula CA 92589
CITY STATE ZIP
ADDRESS
43200 Business Park Drive
NUMBER STREET
PROPERTY OWNER (Parcel I Green
LAST
ADDRESS
42061 Main Street
NUMBER STREET
PROPERTY OWNER (Parcel 2) Nelson
LAST
ADDRESS
43200 Business Park Drive
NUMBER
STREET
I CWe) certify that I arnIWe are the record owner(s) or authorized agent(s) for the record owner(s) and that the information filed
with this application is true and correct to th~ of m~our) knowledge.
OWNER SIGNATURE (Parcel A) ~ ~
Jack L. Green Date
R:\CIP\PROJECfS\PW02\PW02-23 RDA Theater\RW\Green. Grant Deeds and Lot Line Adjustments\Lot Line Adjustment PA05-0006completed.doc
1
CO-OWNER SIGNATURE (Parcel A)
-tV~~~
Wanda1ea Green
ty'-/ 9'- c?-z..
Date
OWNER SIGNATURE (Parcel B)
ShaWn D, Nelson, Execntive Director
Temecnla Redevelopment Agency
Date
-'
R:\CIP\PROJECTS\PW02\PW02-23 RDA Theater\RW\Green Grant Deeds and LOt Line Adjustments\Lot Line Adjustment PA05-OOO6completed.doc
2
~
state af:
cau~t:J~f; , '. ~ ~~ ()J nA J # ~
on,fA1~ 1'1I2c;o~ before ~Lt' .lw ~ /I /~/~.
personally appeared, . -~A-eJL. L _ ~ ~. .
"l<jfLn ..I.tP ),11.._. ~
~ personally knOl~n to me on
[) proved to me on the basis of satisfactory evidence to
be .the person(s) l~hose Ilame(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the slime in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
my hand and official seal.
~ I);~
/'
FREDDIE LEE MILLER
Commission # 143Q~~59
o Nofcy Publfc ~ COlifOi ;Iio ~
Riverside County
MyComm. ExpiresJul31, 2007
DESCRIPTIOl:-i OF ATTACHED DOCUHENT
'.
When Recorded, nns SPACE TO BE USED BY COUNTY RECORDER'S OFFICE ONLY
Return Original To:
City of Temecula
Attn: City Clerk
P.O. Box 9033
Temecula, CA 92589-9033
and Return Copy To:
NOTICE OF LOT LINE ADJUSTMENT
Record Owners (orinted or tvoed) Assessors Parcel Numbers of Ex is tin" Parcels
Jack L. Green, Co-Owner 922-036-019
Wandalea Green, Co-Owner 922-036-019
Shawn D. Nelson, Executive Director 922-036-036
Temecu1a Redevelooment Agencv Legal Description of Adjusted Parce1(s)
See Exhibit "All, attached hereto
Signature(s) and printed name(s) of Record Owner(s) DEPARTMENT USE ONLY
~~~&~ This Notice ofLol Line Adjustnient No.
pL Green. . is hereby approved.
u(~-.)d1~) Date
anda ea Green CITY OF TEMECULA
By:
Debbie Ubnoske, Director of Planning
.
Shawn D. Nelson Attest:
Susan W, Jones, CMC, City Clerk
Attach Appropriate Notary Acknowledgement Form(s) for all signatures
R:\CIP\PROJECfS\PW02\PW02-23 RDA Theater\Rw\Green Grant Deeds and Lot Line Adjustments\Lot Line Adjustment PA05-OO06completed.doc
4
April 25, 2006
PAGE 1 OF2
EXHIBIT "A"
LEGAL DESCRIPTION
LOT LINE ADJUSTMENT NO. PA05-0006
LOT "A"
LOT 3 IN BLOCK 27, AS PER MAP OF THE TOWN OF TEMECULA ON FILE .IN BOOK
15, PAGE 726, RECORDS OF SAN DIEGO COUNTY, TOGETHER WITH THAT
PORTION OF AN ALLEY AS ABANDONED BY A RESOLUTION OF THE BOARD OF
SUPERVISORS, COUNTY OF RIVERSIDE, RECORDED APRIL 23, 1979 AS
INSTRUMENT NUMBER 80863 OF OFFICIAL RECORDS OF SAID COUNTY AND
THAT PORTION OF THE NORTHWEST 10 FEET OF MAIN STREET AS ABANDONED
BY RESOLUTION NUMBER 75-104, RECORDED APRIL 23,1975 AS INSTRUMENT
NUMBER 46491, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTHWESTERLY 0.22 FEET OF SAID LOT 3.
CONTAINING: 3,965 SQUARE FEET, 0.09 ACRES MORE OR LESS.
LOT"B"
LOTS 1 AND 2 TOGETHER WITH A PORTION OF RIVER STREET AND A PORTION
OF MAIN STREET AS SHOWN ON CERTIFICATE OF PARCEL MERGER NUMBER
367, RECORDED JUNE 18, 1987 AS INSTRUMENT NUMBER 174202, RECORDS OF
RIVERSIDE COUNTY AND ALSO BEING SHOWN ON A CORRECTION DEED
RECORDED JUNE 19, 2001 AS INSTRUMENT NUMBER 276742, RECORDS OF
RIVERSIDE COUNTY TOGETHER WITH A PORTION OF LOT 3 AND A PORTION OF
MAIN STREET, ALL BEING SHOWN ON THE MAP OF THE TOWN OF TEMECULA
ON FILE IN BOOK 15, PAGE 726, RECORDS OF SAN DIEGO COUNTY AND ALSO
BEING SHOWN ON A RECORD OF SURVEY ON FILE IN BOOK 112 PAGES 24 AND
25, RECORDS OF RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1;
THENCE SOUTH 44'30'31" WEST 87.00 FEET ALONG THE PROLONGATION OF
THE SOUTHEASTERLY LINE OF SAID BLOCK 27, ALSO BEING THE
SOUTHEASTERLY LINE OF LAND DESCRIBED AS PARCEL 1 IN RESOLUTION
RECORDED AUGUST 6,1940, IN BOOK 474, PAGE 109, RECORDS OF RIVERSIDE
COUNTY TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 1;
THENCE NORTH 35'29'54" WEST 152,33 FEET ALONG THE SOUTHWESTERLY
LINE OF SAID PARCEL 1 TO AN INTERSECTION WITH THE PROLONGATION OF
THE CENTERLINE OF AN ALLEY SHOWN ON SAID MAP OF THE TOWN OF
TEMECULA AND SAID RECORD OF SURVEY, SAID ALLEY VACATED PER
RESOLUTION NUMBER 79-68, RECORDED APRIL 23,1979, AS INSTRUMENT
NUMBER 80863, RECORDS OF RIVERSIDE COUNTY;
G:\A00220i\dwg\LLA\LEGALS\PARCEL Ai revised.doc
April 25, 2006
PAGE 2 OF 2
THENCE NORTH 44030'58" EAST 110,70 FEET ALONG THE PROLONGATION OF
THE CENTERLINE OF SAID ALLEY AND THE CENTERLINE THEREOF TO THE
INTERSECTION WITH THE PROLONGATION OF A LINE PARALLEL WITH AND 0.22
FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID LOT 3;
THENCE SOUTH 45031'00" EAST 160.00 FEET ALONG SAID PARALLEL LINE TO AN
INTERSECTION WITH THE SOUTHEASTERLY LINE OF THAT PORTION OF MAIN
STREET AS VACATED BY RESOLUTION NUMBER 75-104 RECORDED APRIL 23,
1975 AS INSTRUMENT NUMBER 46491, RECORDS OF RIVERSIDE COUNTY;
THENCE SOUTH 44030'31" WEST 50.20 FEET ALONG THE SOUTHEASTERLY LINE
OF SAID VACATED PORTION OF MAIN STREET TO AN INTERSECTION WITH THE
PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 1;
THENCE NORTH 45030'58" WEST 10.00 FEET ALONG SAID PROLONGATION OF
THE SOUTHWESTERLY LINE OF LOT 1 TO THE POINT OF BEGINNING.
CONTAINING: 19,095.42 SQUARE FEET, 0.44 ACRES MORE OR LESS.
THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND
THEREBY BEING MADE A PART HEREON.
PREPARED UNDER THE SUPERVISION OF:
Z~ ## 4/Z~J{)t
- EVIN B. COZAD
REGISTERED CIVIL ENGINEER NO. 26159
EXPIRES: 03-31-2008
G:\A002201\dwg\LLA\LEGALS\PARCEL A1 revised,doc
, I
I
--i::;i
&-trl
___~ 30'
I I~
___: D
~
LOT "A" NEW LOT UNE
r)
0.09 AC. 0
N4S'31'00"W 160.00' .1
OLD LOT UNE~ lO,2;' (US) II b
~ ~N
- ----- d
1 c- ~
1fZ,o
1)
EXHIBIT B
LOT LINE ADJUSTMENT PA05-0006
o
-16
1
,~,
0Y
N4S'31'00"E lS9,99'
-J1
c'
o
SCALE 1"=40'
LEGEND
POB POINT OF BEGINNING -J!3
lIflS ADJUSTMENT
SUBJECT PROPERlY
PARCa UNES
ADJACENT PARGa
- &: R.O,W, UNES
N.T.S.
/l 5
rz, \
-.!i4S'31'oo"W 160.00'
4
NOT TO SCALE
~
'in
N
~
.& VACATED BY RES. NO. 79-68 - I
REC. 4-23-1979, 1$ INST. NO. ?-J I
80863 O.R. RESERVING AN ~
EASEMENT FOR PUBUC SERVICE
FACIUTIES - -
~ RANCHO CAUF. WATER DIST. I b w
EASEMENT FOR WATERUNE ?? ": co
PURPOSES PER INST, NO, ~ ~ <:> U') I
126515 REC. 4-21-'1989, O.~ ::: <:> ..L
& VACATED BY RES. NO. 75-104 :.-
REC. 4-23-1975 1$ INST. >- 3' ~
NO. 46491, O.R. RESERVING AN ~ I='
EASEMENT FOR PUBUC SERVICE -' C5
FACIUTIES <( <(
G'>
@ ~g,rr3g riE~C~I~~~~ ~
INST. NO. 174202 O,R. &:
CORRECTION DEED REC. 6-19-2001
INST. NO, 276742 O,R.
10' T0
\~, '
N4S'30'S8"W
10,00'
-J
LOT "B"
0.44 AC.
---
P.O.B. lOT 'B'~
It RIVER ST.
-
( ) INDICATES RECORD DATA
PER MAP OF IDlECULA
MB 15/726
N35'29'54hW
152,33'
RECORD OWNER PARca A
JACK L GREEN &: WANDALEA GREEN
6035 RAINBOW HEIGfffS RD.
FAUBROOK, CA. 92028
RECORD OWNER PARCEL B
CITY OF TEMECULA
PO BOX 9033
IDlECUlA, CA. 92589
CML / STRUCTURAL ENGINEERS
MUNICIPAL CONSULTANTS / PLANNERS
SURVEYORS / GPS
151 South Girard Street. Hemet, Co 92544
TEL (951) 652-4454. FAX (951) 766~~ 1
E-MAIL kbcozod@kbcozod,eom /~" . U
KIillfN B. COZAD EXP: 12/31/08
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SHT, 1 OF 2
EXHIBIT B
LOT LINE ADJUSTMENT PA05-0006
II!
o RANCHO
C~f.
<
~
~
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~
....
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RlQGE :>
PARI( DR.
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LOCATION & ~
VICINITY MAP qp
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7'
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N.T.S.
CML / STRUCTURAl ENGINEERS
MUNICIPAl CONSULTANTS / PLANNERS
SURVEYORS / GPS
151 South Girard Street w Hemet, Co 92544
TEL (951) 652-4454 . FAX (951) 766-8942
E-MAIL kbcozad@kbcozod.com
SHT. 2 OF 2
RECORDING REQUESTED BY
City Clerk
City ofTernecula
Post Office Box 9033
Ternecula, California 92589-9033
AND WHEN RECORDED MAIL TO
City Clerk
City ofTernecula
Post Office Box 9033
Ternecula, California 92589-9033
The undersigned declares that the DOcuMENTARY TRANSFER TAX is
None. Public Agency exempt per Revenue and Taxation Code ~ 11922
Exempt from Recording Fee per Govt Code 9 27383
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JACK L. AND
W ANDALEA GREEN TRUSTEES OF THE EL RANCHO VERDE TRUST as Grantor, hereby grants and
conveys to THE TEMECULA REDEVELOPMENT AGENCY, a body public, corporate and politic, Grantee, a
portion of the real property located in the City ofTemecula, County of Riverside, California; and more
particularly described as follows:
. See Lot B of Exhibits "A" and "B" of Lot line Adjustment No. P A05-0006 attached hereto.
This document is being recorded pursuant to Lot line Adjustment No. P A05-0006, approved by the
Redevelopment Agency of the City of Temecula on ,2006.
IN WITNESS WHEREOF, this instrument has been executed this _ day of
,2006.
GRANTOR
~~ ---&..~.~,~.~,,-~
e: JackL. Green
Title: Trustee
By/a)~~~",,/;~~
Name: Wandalea Green .
Title: Trustee
825272.1
-.
state of: C~
Cooo'y 0". . fj~h~ -:' /
on!4/1JI/~ o1dD,?-. bef~~
P7~sonally appeared~~~:: (~.
vtJ 11 -:r .J J ~ ~-::;:;;;:,
~persOnallY kno~n to me on
[] proved to me on the basis of satisfactory evidence to
be Ithe person(s) l~hose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument,
t ~//Y1 /
~)~~.
~
WITNESS ~y hand and official seal.
C:J%-/J<I~ ,~o ~ ~~
DESCRIPTION OF ATTACHED DOCUHENT
FREDDIE LEE MILLER
Commission # 1430359
Not,,:\, Public - California ~
Riverside Counly
MyComm. Expires Ju131, 2007
'.
April 25, 2006
PAGE 1 OF2
EXHIBIT "A"
LEGAL DESCRIPTION
LOT LINE ADJUSTMENT NO. PA05-000G
LOT "A"
LOT 3 IN BLOCK 27, AS PER MAP OF THE TOWN OF TEMECULA ON FILE IN BOOK
15, PAGE 726, RECORDS OF SAN DIEGO COUNTY, TOGETHER WITH THAT
PORTION OF AN ALLEY AS ABANDONED BY A RESOLUTION OF THE BOARD OF
SUPERVISORS, COUNTY OF RIVERSIDE, RECORDED APRIL 23~ 1979 AS
INSTRUMENT NUMBER 80863 OF OFFICIAL RECORDS OF SAID COUNTY AND
THAT PORTION OF THE NORTHWEST 10 FEET OF MAIN STREET AS ABANDONED
BY RESOLUTION NUMBER 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT
NUMBER 46491, OFFICIAL RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE SOUTHWESTERLY 0.22 FEET OF SAID LOT 3.
CONTAINING: 3,965 SQUARE FEET, 0.09 ACRES MORE OR LESS.
LOT"B"
LOTS 1 AND 2 TOGETHER WITH A PORTION OF RIVER STREET AND A PORTION
OF MAIN STREET AS SHOWN ON CERTIFICATE OF PARCEL MERGER NUMBER
367, RECORDED JUNE 18, 1987 AS INSTRUMENT NUMBER 174202, RECORDS OF
RIVERSIDE COUNTY AND ALSO BEING SHOWN ON A CORRECTION DEED
RECORDED JUNE 19, 2001 AS INSTRUMENT NUMBER 276742, RECORDS OF
RIVERSIDE COUNTY TOGETHER WITH A PORTION OF LOT 3 AND A PORTION OF
MAIN STREET, ALL BEING SHOWN ON THE MAP OF THE TOWN OF TEMECULA
ON FILE IN BOOK 15, PAGE 726, RECORDS OF SAN DIEGO COUNTY AND ALSO
BEING SHOWN ON A RECORD OF SURVEY ON FILE IN BOOK 112 PAGES 24 AND
25, RECORDS OF RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1;
THENCE SOUTH 44'30'31" WEST 87.00 FEET ALONG THE PROLONGATION OF
THE SOUTHEASTERLY LINE OF SAID BLOCK 27, ALSO BEING THE
SOUTHEASTERLY LINE OF LAND DESCRIBED AS PARCEL 1 IN RESOLUTION
RECORDED AUGUST 6, 1940, IN BOOK 474, PAGE 109, RECORDS OF RIVERSIDE
COUNTY TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 1;
THENCE NORTH 35'29'54" WEST 152,33 FEET ALONG THE SOUTHWESTERLY
LINE OF SAID PARCEL 1 TO AN INTERSECTION WITH THE PROLONGATION OF
THE CENTERLINE OF AN ALLEY SHOWN ON SAID MAP OF THE TOWN OF
TEMECULA AND SAID RECORD OF SURVEY, SAID ALLEY VACATED PER
RESO/-UTION NUMBER 79-68, RECORDED APRIL 23,1979, AS INSTRUMENT
NUMBER 80863, RECORDS OF RIVERSIDE COUNTY;
G:\A002201\dwg\LLA\LEGALS\PARCEL A1 revised.doc
April 25, 2006
PAGE 2 OF 2
THENCE NORTH 44'30'58" EAST 110.70 FEET ALONG THE PROLONGATION OF
THE CENTERLINE OF SAID ALLEY AND THE CENTERLINE THEREOF TO THE
INTERSECTION WITH THE PROLONGATION OF A LINE PARALLEL WITH AND 0.22
FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID LOT 3;
THENCE SOUTH 45"31'00" EAST 160.00 FEET ALONG SAID PARALLEL LINE TO AN
INTERSECTION WITH THE SOUTHEASTERLY LINE OF THAT PORTION OF MAIN
STREET AS VACATED BY RESOLUTION NUMBER 75-104 RECORDED APRIL 23,
1975 AS INSTRUMENT NUMBER 46491, RECORDS OF RIVERSIDE COUNTY;
THENCE SOUTH 44"30'31" WEST 50.20 FEET ALONG THE SOUTHEASTERLY LINE
OF SAID VACATED PORTION OF MAIN STREET TO AN INTERSECTION WITH THE
PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 1;
THENCE NORTH 45"30'58" WEST 10.00 FEET ALONG SAID PROLONGATION OF
THE SOUTHWESTERLY LINE OF LOT 1 TO THE POINT OF BEGINNING.
CONTAINING: 19,095.42 SQUARE FEET, 0,44 ACRES MORE OR LESS.
THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND
THEREBY BEING MADE A PART HEREON.
PREPARED UNDER THE SUPERVISION OF:
/"7/ "e?~
Z. 'f!) ~ .-- 4' /U/ot
-KEVIN B. COzAD
REGISTERED CIVIL ENGINEER NO. 26159
EXPIRES: 03-31-2008
G:\A002201\dwg\LLA\LEGALS\PARCEL A1 revised,doc
EXHIBIT B
LOT LINE ADJUSTMENT PA05-0006
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LEGEND
POB POINT OF BEGINNING -J B
THIS ADJUSTMENT
SUBJECT PROPERlY
PARCEL LINES
ADJACENT PARCEL
- & R.O.W. LINES
N45'31'oo"E 159,99'
--
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,el {5
-1i45'31'00"W 160.00'
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NOT TO SCALE
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OLD LOT UNE~ lO.22' (N,T's) j j a
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NEW LOT LINE
& VACATED BY RES. NO. 79-68 - I
REC. 4-23-1979, AS INST. NO. ?-J I
B0863 O.R. RESERVING AN ~
EASEMENT FOR PUBUC SERVICE
FACILlnES - -
~ RANCHO CALIF. WATER DIST, I a w
EASEMENT FOR WATERLINE ?? ": co
PURPOSES PER INST. NO. ~ ~ 0 ~ I
126515 REC. 4-21-1989, 0.lL.- := 0 ~
~ VACATED BY RES. NO. 75-104 :.0-
REC. 4-23-1975 AS INST. >- '0 ~
NO. 46491, O.R. RESERVING AN ;j F='
EASEMENT FOR PUBLIC SERVICE -' <(
FACILlnES ~~
f'j;\ COO. OF PARCEL MERGER ~
\Y NO. 367 REC. 6-18-1987 .
INST. NO. 174202 O,R. &
CORRECTION DEED REC, 6-19-2001
INST. NO. 276742 O.R.
10' T~
<v'
~\,
LOT "B"
0.44 AC.
a
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co
~ RIVER ST.
?=
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( ) INDICATES RECORD DATA
PER MAP OF TEMECULA
MB 15/726
N35?9'54"W
152.33'
RECORD OWNER PARCEL A
JACK L GREEN & WANDALEA GREEN
6035 RAINBOW HEIGHTS RD.
FALLBROOK, CA 92028
RECORO OWNER PARCEL B
CITY OF TEMECULA
PO BOX 9033
TEMECUlA, CA 92589
CML / STRLlCTURAL ENGINEERS
MUNICIPAL CONSULTANTS / PLANNERS
SURVEYORS / GPS
151 South Girard Street . Hemet, Co 92544
TEL (951) 652-4454 . FAX (951) 766~.8942. ~.". 1
E-M.AJL kbcozad@kbcozad.com /-- r:/
KOON B. COZAD EXP: 12/31/08
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EXHIBIT B
LOT LINE ADJUSTMENT PA05-0006
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CIVIL / STRUCTURAL ENGINEERS
MUNICIPAL CONSULTANTS / PLANNERS
SURVEYORS / GPS
151 South Girard Street. Hemet, Co 92544
lEL (951) 652-4454 . FAX (951) 766-8942
E-MAIL kbcozad@kbcozad.com
SHT, 2 OF 2
CERTIFICATE OF ACCEPTANCE
GRANT DEED
This is to certify that the interest in real property conveyed by the within deed or grant to the Redevelopment
Agency of the City of Temecula, a public body, corporate and politic, is hereby accepted under the authority of
the Redevelopment Agency of the City of Temecula and the Grantee consents to the recordation thereof by its
duly authorized officer.
Dated:
,2006
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Michael S. Naggar,
Redevelopment Agency Chairperson
ATTEST:
Susan Jones, City Clerk! Agency Secretary
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney/Agency Counsel
825272.1
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
)
COUNTY OF )
On before me, , a notary public in and for
said County and State, personally appeared personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s), acted, executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
)
COUNTY OF )
On before me, , a notary public in and for
said County and State, personally appeared personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s), acted, executed the instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
825272.1
ITEM NO. 26
Approvals
City Attorney
Director of Finance
City Manager
~
/lA.
9ft
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyers, Redevelopment Director
DATE:
May 23, 2006
SUBJECT:
Status Update on the Temecula Education Center
RECOMMENDATION:
Receive and File Status Update on the Temecula Education Center,
DISCUSSION: On February 28,2006, the Agency adopted a Third Amendment to the
Disposition and Development Agreement (DDA) , The Third Amendment provided for the Public
Works Department to manage the mass grading and soil remediation for the Education Center, At
the same meeting, the Council also authorized the solicitation of bids for this work, On April 11 ,
2006, the Agency awarded the Construction Contract to Yeager Skanska, Inc and approved the Soil
Excavation and Temporary Entry Agreement with the Rancho California Water District for the Rough
Grading, The grading activity began May 1,2006,
Building Plans for the Campus buildings as well as the residential buildings have been submitted to
our Building Department These plans are in their final stages of the plan check process, Plan
Check for the Apartments are completed, The Landscape Plans are almost completed, at which
time; they will begin the lighting plans,
The City/Agency entered into a Letter of Understanding with US Fish & Wildlife Service, Under the
terms of this letter, the City/Agency will contribute $86,000 to an in-lieu fee program, which resolves
the Fairy Shrimp issue,
The developer remains committed to moving the project forward as quickly as possible, He has
spent considerable resources on project design and special studies,
ITEM NO. 27
Approvals
City Attorney
Director of Finance
City Manager
~
t11L
~
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
William G, Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Professional Service Agreement Amendment No,1 for Geotechnical Testing and
Monitoring and Surveying Services Associated with the Temecula Education
Center Rough Grading - Project No, PW06-03
PREPARED BY:
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION:
That the Agency Members:
1, Approve Amendment No, 1 to the Agreement with Leighton Consulting, lnc, to
provide professional geotechnical testing & monitoring and surveying services
associated with the Temecula Education Center Rough Grading, Project No, PW06-
03, in the amount of $195,695,00 and authorize the Agency Chairperson to execute
the Agreement
2, Authorize the Executive Director to approve Extra Work Authorizations not to exceed
the contingency amount of $22,070,00, which is equal to 10% of the additive
amounts of the original agreement of $25,000,00 and amendment No, 1 of
$195,695,00,
BACKGROUND: In orderto expedite completion of the overall education center, it was
determined that City Staff should administer the rough grading component This project involves the
removal and compaction of approximately 115,000 cubic yards of on site soils, importing and
compacting of roughly 660,000 cubic yards of earth to bring the site to grade, as well as the
importing and placing nearly 330,000 cubic yards of surcharge material over one half of the site to
initiate consolidation of the underlying soils, Because of the complexity of the project it requires
essentially full time geotechnical observation and testing as well as an extensive geotechnical
monitoring and surveying program to accurately measure subsidence of the site
The Public Works Department requested proposals from six (6) different firms with extensive
experience in geotechnical observation and testing and surveying of large scale grading projects,
Three (3) firms responded to the proposal and they all have prior experience working with the City,
Staff rated Leighton Consulting, lnc, (Leighton) as the firm providing the most qualified and cost
effective proposal and they have extensive experience with similar projects, Leighton will provide all
the geotechnical and surveying services described in the Scope of Work shown in Exhibit "A" of the
attached agreement
The original Agreement with Leighton, in the amount of $25,000,00, was administratively approved
to allow the geotechnical testing, monitoring and survey programs to be fully developed and
functioning at the start of construction on May 1, 2006, To maintain this expedited construction
schedule, it was anticipated that this subsequent amendment for the balance of the project would
require City Council approval,
FISCAL IMPACT: The Temecula Education Center Rough Grading Project, Project No,
PW06-03, is funded by the Redevelopment Agency low and moderate income set aside funds
($3,000,000) budgeted for affordable "for rent" units to be established with the project, Developer
Reimbursables ($730,000) which will be reimbursed 90 days after substantial completion of the
project, and from Rancho California Water District Reimbursables ($270,000,00) that will be
reimbursed during the course of the project
The total cost of the original geotechnical testing & monitoring and surveying services Agreement,
plus Amendment No, 1 is$ 220,695,00, plus a 10% contingency amount of $22,070,00 brings the
total authorization to $242,765,00, Adequate funds, for both professional service agreements, are
available in project account No, 165-199-835-5805,
ATTACHMENTS:
1, First Amendment to the Agreement with Leighton Consulting, Inc,
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA
AND
LEIGHTON CONSULTING, INC.
TEMECULA EDUCATION CENTER ROUGH GRADING
PROJECT No. PW06-03
THIS FIRST AMENDMENT is made and entered into as of May 23rd, 2006 by and
between the Redevelopment Agency of the City of Temecula, a municipal corporation
("Agency") and Leighton Consulting, Inc. ("Consultant"). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A On April 19, 2006 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for professional geotechnical testing &
monitoring and survey services" ("Agreement") in the amount of $25,000.00,
B. The parties now desire to increase the payment for additional
geotechnical testing and monitoring and survey services ("Agreement") in the amount of One
Hundred Ninety Five Thousand Six Hundred Ninety Five Dollars and No Cents
($195,695.00) as set forth irl this Amendment.
2. The City of Temecula, a municipal corporation ("City"), as a party the Agreement,
shall hereby be amended to the Redevelopment Agency of the City of Temecula, a municipal
corporation ("Agency"),
3. Section 5 a Payment of the Agreement is hereby amended to read as follows:
PAYMENT
a. The Agency agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit "A" of the Agreement and
Attachment "A" of this Amendment for services described in Exhibit A and Attachment A,
attached hereto and incorporated herein by this reference as though set forth in full. The
first amendment amount shall not exceed One Hundred and Ninety Five Thousand
Six Hundred and Ninety Five Dollars and No Cents ($195,695.00) for additional
services as set forth in Attachment "A" for a total contract amount, of Two Hundred
Twenty Thousand Six Hundred Ninety Five Dollars and No Cents ($220,695.00).
b. The Executive Director may approve additional work up to tem percent (10%)
of the total of the Agreement and Amendment.
3. Exhibit "A" to the Agreement is hereby amended by deleting it in its entirety and
replacing with the items set forth on Attachment "A" to this Amendment, which is
attached hereto and incorporated herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
R:ICIPIPROJECTSIPWOOIPWOO-03 TEC GradinglAgreements\20000424 Leighton amend no, 1 ,doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
REDEVELOPMENT AGENCY
CITY OF TEMECULA
Michael S. Nagger, Chair
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, Agency Attorney
CONSULTANT:
Leighton Consulting, Inc.
Robert F. Rhia
41715 Enterprise Circle North, # 103
(951) 296-0532
(951) 296-0534
Torn Benson, President
Terry Brennan, CCO
(Two Signatures Required For Corporations)
2
R:ICIPIPROJECTSIPW06IPW06-03 TEC GradinglAgreementsl20060424 Leighton amend no, 1,doc
ATTACHMENT "A"
TEMECULA EDUCATION CENTER ROUGH GRADING
PROJECT No. PW06-03
3
R:ICIPIPROJECTSIPW06IPW06-03 TEC GradinglAgreements\20060424 Leighton amend no, 1 ,doc
A it AcltV\E\.lT \\p...\\
~
Leighton Consulting, Inc.
A LEIGHTON GROUP COMPANY
March 20, 2006
Proposal No. P61l-00202
City of Temecula
Department of Public Works
43200 Business Park Drive
Temecula, California 92590
Attention: Mr. David McBride
Subject: Proposal to Provide Geotechnieal Field Observation and Testing, Laboratory
Testing and Consulting Services,
RFP No. 143-G, Project No. PW 06-03,
Temeeula Education Center Rough Grading,
West of Diaz Road and South of Cherry Street,
Temeeula, California.
In accordance with your request, Leighton Consulting, Inc. (LeI) is pleased to submit this
proposal to provide geotechnical field observation and testing, laboratory testing, and
geotechnical consultation services during rough grading for the proposed Temecula Education
Center site, located west of Diaz Road and South of Cherry Street. The pnmary objective of our
geotechnical services is to ensure that the grading and surcharging is completed in accordance
with the recommendations provided in geotechnical investigation report for the subject project,
prepared by Van Beveran & Butelo, Inc., (May 13,2005), and provide geotechnical consulting
services as necessary to provide corrective and/or remedial recommendations, if necessary. We
understand the project is anticipated to begin construction in the late April to early May of2006.
PROJECT UNDERSTANDING
Based on our review of the received RFP, rough grading plans (RBF Consulting), Specifications
& Contract documents (City of Temecula), and the project geotechnical report by Van Beveren
& Butelo Inc., we understand the proposed grading for.the Temecula Education Center will
involve remedial grading; placement and compaction of fill soils to the proposed finish grade
elevations, and surcharge fill placement to accelerate the consolidation settlements of underling
alluvium. The proposed development will consist of a conference center, education tower, a
retail center, apartment complex, a day care center and parking areas. The existing ground
surface is generally between 1019 feet and 1025 feet above mean sea level. The proposed design
grades for the building pads and parking areas vary from approximately 1030 feet to 1044 feet
above mean sea level.
41715 Enterprise Circle N.. Suite 103. Temecula, CA 92590-5661
951.296.0530. Fax 951.296.0534' wwwJeightonconsulting.com
A.i'iff=.'n Iv'GNT nfll~'
P611-00202
March 20, 2006
LCI has been providing soil laboratory testing and consulting services during the planning phase
of this project. Early last year, we have sampled and tested the surface soils from the adjacent
import source stockpile proposed for this project (Rancho California Water District property).
Recently, we were requested to sample and test the same stockpile source materials to the full
depths (up to 40 feet deep) in order to evaluate the suitability, in conformance with the
recommendations provided in the project geotechnical report. As a part of the field sampling and
laboratory testing of the import source, we have reviewed the project geotechnical reports
(prepared by VanBeveren & Butelo Inc, and C.H.J. Inc.) and have a good understanding on
existing soil conditions, proposed grading, and City's expectation on this project.
We understand the primary grading components as specified in your RFP are as follows:
Part A: Leighton Consulting Inc. (LCI) will monitor the remedial excavation (2-foot depth) and
compaction of on-site soils (estimated at 111,150 CY). After excavation of each
completed area, our staff will review the exposed natural ground for unsnitable
deposits of soils and provide either approval or recommendations as needed. We will
monitor six inches of scarification, moisture conditioning and compaction prior to
placement and compaction of the aforementioned on-site excavation soil.
Part B: LCI will monitor the excavation, importing, placing & compacting of soils from an
off-site location (Rancho California Water District property) immediately adjacent to
northwest of the project site (estimated at 660,000 CY). leI will also provide
laboratory soil testing as necessary to evaluate the import soil properties in
conformance to the recommendations provided in the project geotechnical report.
Part C: LCI will monitor the excavation, importing and placement of surcharge soils from the
aforementioned off-site location (estimated at 330,000 CY).
Part D: LCI will monitor the excavation and stockpiling of non-expansive soils (50,000 CY)
within the aforementioned off-site location. It may turn out that snitable soils
(expansion index less than 35) are not present in the off-site location and other sites
may be considered.
We also understand that a portion of the site is within the 100-year flood plain (flood plain
elevation is defined as 1029 above mean sea level within this site) and as such any permanent fill
withiri this area, at or below the 100 year flood surface, will be compacted to minimum 95%
relative compaction. All the work specified in the contract is stipulated to be completed within
70 working days. The project is anticipated to begin construction in the late AprillEarly May of
2006.
We understand the grading of this site will include installnient and monitoring of settlement
monuments. The project geotechnical report (Van Beveren & Butelo Inc., 2005) recommends,
the monuments to be constructed in a grid pattern at the base of the surcharge fills at 100 feet on
center. We can provide materials, install the monuments and evaluate the settlement data as
provided by the land surveyor.
-2-
"
Leighton
~i\AG~"^~,,r\ \\JI<' 1
P611 "00202
March 20, 2006
PROPOSED SCOPE OF SERVICES
Our geotechnical services for the provision of soils and laboratory testing will include field
observation and testing during fill placement and compaction, soil sampling, laboratory testing of
representative samples for verification of the quality of work in progress, and provide
geotechnical consultation services. .
Specifically we propose to provide the following services as requested in the RFP:
1. Review of project plans & specifications with emphasis on geotechnical and material
(soil) testing services.
2. Geotechnical field observation and testing services by an experienced soil technician
during all phases of grading (part A through Part D). Daily Field Reports will be
. distributed to the City's field representative for review and signature.
3. Attendance (project Manager/Project Engineer and field soil technician) at a pre-
construction and all progress meetings as required. Supervision of QA/QC, geotechnical
analysis, as necessary and project management of geotechnical services will be provided
by the Project Manager and a geotechnical engineer as needed.
4. Field observation, sampling and testing of stockpile excavation to determine non-
expansive import soil.
5. Soil laboratory testing, including maximum dry density and optimum moisture content
testing, sieve analysis, expansion index, soil corrosion testing (sulfates, chloride
concentrations in soil, pH and minimum soil resistivity).
6. Preparation offield daily reports, and final compaction report (4 copies) as required. The
final compaction report will include foundation design recommendations and confirm the
grading was performed in accordance with the recommendations provided in the project
geotechnical report and fill placed below the 100 year flood surface within the 100 year
flood plain was compacted to a minimum 95 percent compaction.
7. Consulting services requiring corrective and/or remedial recommendations, if necessary.
Additional Optional Service
1. Provide materials for settlement monuments and install settlement monuments within
surcharge fill areas, as recommended in the project geotechnical report.
2. Evaluation of settlement data to estimate percentage of settlement occurred, compare
with the predicted settlement and evaluate potential remaining settlement at a given time.
We have assumed the project surveyor will provide the settlement data.
-3-
.,
Leighton
AT\~ \J\E~ \\A\\
P611-Q0202
March 20, 2006
PROJECT TEAM AND OUR APPROACH
Robert F. Riha, CEG will coordinate all services and will serve as our Project Manager. He will
be the City's contact for all matters dealing with the project and will handle all day-to-day
activities through to completion.
Mr. Riha's geotechnical experience includes project management in conjunction with quality
control of earthwork construction and grading operations. Bob Riha is the Managing Director of
our Temecula office and has over 20 years of professional experience. He has performed and
supervised many grading projects within the City of Temecula. He has also managed
investigations for slope stability, settlement, landslide assessment, site-specific geologic faulting,
liquefaction, and dynamic settlement evaluations, evaluation of rock rippability and seismic
hazard studies.
Mr. Riha was the project manager during grading and construction of Temecula Promenade Mall
and during all phases of the Harveston, Campos Verdes, Temeku Hills and Chardonnay Hills
residential developments. Mr. Riha was the project manager of school site construction for Lake
Elsinore's Lake Side High School and Temecula Valley Great Oak High School. Mr. Riha was
the project geologist during recent rough grading for the City of Temecula Library project.
The Promenade Mall grading required monitoring of the importation of over 2.5 million yards of
import soil from an off site source. On this project, non-expansive soils were recommended to
selectively placed at 95 percent compaction for foundation support. The Harvestonproject, a
residential development (consist of 20 individual housing Tracts) located in the City of
Temecula, required a deep fill settlement monitoring system, where fills were placed over
compressiblealluviwn. We had designed the settlement monitoring system, installed the
monwnents, and reviewed all data supplied by the project land surveyor to assure that settlement
had occurred prior to structure construction..
Mr. Arasan Singanayaham, RCE is being assigned as the project engineer for this job. He will
make periodic site visits to provide quality control and quality assurance, and provide
consultation services during rough grading activities. He has been coordinating the recent field
sampling and labomtorytesting from the adjacent stockpile soils proposed for this (Temecula
Education Center) project site. Mr. Singanayaham, a registered civil engineer, has experience in
many rough grading projects including Harveston and recent City of Temecula public library
rough grading. He has hands on experience in the installation and data evaluation of settlement
monuments for deep fills placed on compressible native soils.
Mr. John Robinson is being assigned as the pritriary soils technician for this job. We have
selected Mr. Robinson, because of his experience with grading jobs, specifically with many City
of Temecula projects. Mr. Robinson was the lead technician during the Promenade Mall rough
grading. He has been working as the prime soil technician during the recent rough grading and
post grading of City of Temecula Public Library project. Depending on the project needs,
additional soil technicians will be provided as necessary.
-4-
.,
Leighton
AT\foa1~"IZ.NT \\1\"
P611-o0202
March 20, 2006
Currently our office in Temecula has over 15 soil technicians and adequate professionals to
provide the requested geotechnical services. We have assigned the project manager, the engineer
and soil technicians for this project, based on our projected workload in our Temecula office, and
evaluating the time availability of the individuals assigned to this project. We assure you that our
staff will be readily available to perform the scope of services stated in this proposal. We
understand the City's desire to complete the construction on time, and we will provide our
services, as requested by your (City's) field representative to meet the project deadlines. Further,
our office is located within one mile from the job site; as such our professionals will be available
to attend within few minutes to address any field issues.on site that needs engineering/geology
consultation. Our close proximity and commitment to the City will prevent UlUlecessary delays in
the construction. Further, our Temecula soil laboratory is certified by Caltrans and DSA. All of
the soil laboratory testing that are necessary to evaluate compacted fill and import soil suitability,
as specified in the project geotechnical report will be performed in house.
SCHEDULE
A detail construction schedules were not available to us at this time. However, based on a total
construction period of 70 days (approximately 14 weeks), as stated in the RFP, based on our
professional experiences on similar projects and understanding of the proposed grading for the
subject site, we anticipate that our persounel will be on site periodically for approximately 14
weeks of full-timelpart-time geotechnical observation and testing. Leighton Consulting, Inc. will
schedule our staff to commence work immediately upon receipt of your signed authorization to
proceed. We will rely on your representative to contact us to schedule all fieldwork. Similarly,
we will rely on your construction manager to call us only when we are needed on site, to help
control our geotechnical budget. We understand that a scheduling meeting will be organized by
the construction manager prior to the start of our fieldwork. We would appreciate at least two
working days advance notice for scheduling of field personnel at the commencement of
construction; work thereafter may be scheduled with one working day advance notice.
BUDGET ESTIMATE
Our cost estimated is based on 14 weeks of grading schedule. We have breakdown the total
construction duration into four phases (part A through Part D) as stated in the RFP. A detail list
of the items of work to be performed by us, man ours anticipated for these tasks, and fees for
each tasks are presented in Table 1 attached with this proposal. We are proposed to provide our
services for an estimated amount of Fifty Six Thousand Nine Hundred Dollars ($ 56,900.00), on
a time and expense basis at the unit rates listed on the attached Temecula Education Center 2006
Professional Fee Schedule for Prevailing Wage Projects specifically discounted for this Job. Our
fee estimate does not include the cost for materials for settlement monuments, installation and
settlement data evaluation. An estimated cost for these services will be provided upon your
request.
-5-
c
Leighton
Ai\~N\E\JT \\~\l
P611-00202
March 20, 2006
Since our team is located within one mile from the job site, no travel time or exoenses will be
charged and no minimum hours during regular working days (Monday through Friday) will be
applied to this project. In addition, we have waved the hourly vehicle charges and provided
reduced technician hourly rates for this project. Please see our amended Fee Schedule at the rear
of this proposal.
Our fees for construction services will be primarily dependent upon the various contractor's
operations, methods and scheduling. We have made assumptions regarding the amount of time
necessary to provide geotechnical observation and testing services during each phases of
grading. The actual amount of time, and our associated fees, will be dependent on weather,
possibly unanticipated subsurface conditions, the contractor's schedule, sequencing, 'pace and
efficiency, and/or other causes beyond our control. Therefore, these estimates should be
considered as budgets, only. Ifwe are requested for less number of man hours than we assumed
in this proposal our fee will be less. If we are close or expected to exceed our estimated amount
during the course of the rough grading, we will notify you before providing additional services.
The following assumptions have been made in estimating our costs.
. Overtime work (over 8 hours per day, weekends or holidays) will be billed in accordance
with the attached Temecula Education Center 2006 Professional Fee Schedulefor Prevailing
Wage Projects.
. We anticipate the soil technician who is onsite observing and testing the fill placement will
be able to manage monitor the adjacent stockpile soil excavation. Additional soil technician
will not be necessary to monitor the import soil excavation alone. If needed/requested,
additional soil technicians will be available to observe and assist the grading crew excavating
and transporting the import soils.
. Our estimate does not include costs for post-report consultation, additional plan reviews,
geotechnical consultation, additional field hours requested beyond those stated above, or
third-party review.
. It is assumed that our standard invoice and breakdown of fees c will be acceptable for
payment. A typical copy can be provided upon request.
Services requested in addition to the described scope of services in this proposal will be invoiced
on a time-and-expense basis in accordance with the attached 2006 Professional Fee Schedule for
Prevailing Wage specifically discounted for this Job. We understand that this project is a public
works project, i.e., public fimds are being used for construction and that we will provide our
services and in accordance with the prevailing wage law of the State of California. We will
provide certified payroll records showing that we have met the requirements of California Senate
-6-
.,
Leighton
A1T~(\I\El-j1 \\A\\
P611-00202
March 20, 2006
Bill 1999. We understand that we will be expected to execute a standard City Agreement. We
will provide evidence of insurance per City minimum standards (i.e., general liability,
automobile, worker's compensation, employer's liability, and errors & omission/professional
liability) and abide by the City's Risk Management procedures.
CLOSU RE
If you have any questions regarding this proposal, or information that would change the
assumptions we have made, please contact Mr. Robert Riha at (951) 296-0530, extension 104.
We appreciate this opportunity to present this proposal to City of Temecula Department of
Public Works and look forward continue working with you on this project.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
~A~
Robert F. Riha, CEG
Principal Geologist
if~
Arasan Singanayabam, RCE
Project Engineer
RFRIAS/ew
Attachments: Table 1 - Breakdown of Estimated Fees
Temecula Education Center 2006 Professional Fee Schedule for
Prevailing Wage Projects
Distribution: (2) Addressee
- 7-
4
Leighton
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P 611 00 202
March 20, 2006
Leighton Consulting, Inc.
A LEIGHTON GROUP COMPANY
2006 PROFESSIONAL FEE SCHEDULE.
FOR PREVAILING WAGE PROJECTS
Temecula Education Center
PROFESSIONAL SERVICES
TECHNICAL STAFF
Laborer** ......................................................................'........................................................................,............................................ 90
SolllFleld Teclmician- ....."""""...""........................................................................................................"....".."............................ 400 85
SIllffEngiI1Ger/GeQlogist/ScientistlField Supervisor.................................".................................................................................."". 44G 100
Senior staff Engineer/Geologist/Scientist..........."......................."...""............................................................................................ 426-100
Operations Manager/Equipment Operator..................................~............................................................................,.........................445-110
Project EngineerlGeologistlScientist............................................................................ ......................................."".......................... 145
Senior Project Engineer/Geologist/Scientist .................................................................................................................................,....,tOO 145
Associate ..".............................................................".""..."..".""....... ......""".."''''"........................"................................."....'''....4lll}-145
Prlnclpal..............................................................................................................................................".............................................400145
Senior PrlncipaL...............................................................................................................................................................................23&-145
TECHNICAL SUPPORT STAFF
Administrative AssistantIWord Processor .........................................................."...."......................................................................... 70
CAD OperatorfTechnicallllustrator/GIS Specialist ........................................................................................','.....,.." '.".".,,,.,.,,....... 100
ENGINEERING EQUIPMENT
Vehicle Usage..........................,....................................................................................................................... No Charge $10 per ~e~r
Tittmeter, Inclinometer Units .................................................................................................................................................200 per day
Nuclear Soil Gauge..........""..""'..........................................................",,..........................................................No Charge 80 per ~ay
GPS station ................................................."......................................................................."..............................................160 per day
Other Equipment............................................................. ...................................................................................."............UponRequest
OTHER TERMS AND CONDITIONS
. OVertime for field parsonnel (all technician and staff levels) will be charged at 1.2 'hi times the basic rate,
. Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day,
. Invoices are rendered monthly, payable upon receipt.
. Proposals are valid for 30 days, unless otherwise stated in the proposal.
. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable
expenses will be invoiced at cost plus 20%, unless billed directly to, and paid by client.
. Thirty percent of the fee for field studies will be invoiced Immediately to cover equipment and mobilization costs,
. Client agrees to provide all information in Client's posseSSion about the actual or possible presence of buried utilities and hazardous
materlals on the site, and agrees to reimburse Leighton for all costs related to their unanticipated discovery.
. Rates predicated on standard Insurance coverage and a limit of liability to our fees for the project.
. For .paid when paid- contracted work, Leighton shall receive payment within 10. calendar days from when our client receives payment
for our services. .
. Minimum Hourly Charges for Field Technicians:
1. Monday-Frlday""""""""",,,,,,,..,....................,,..,,,"',,,,....,,..,,,,,,"",2 Heur Mi"ilR~1R No Minimum
2. Saturday and Sunday""''''"",,,,,,,,....,,,,.'''.......,,.,,..,,''',,,....,,,,,,,,,,,,,,''',,,,,,,,,,,''',,,, 4 Hour Minimum
. Effective through December 31, 2006, after which remaining work wiil be billed at then-current rates,
.. Subject to change based upon project advertised date,
9060 499
(Continued on Reverse)
l-D6P
41715 Enterprise Circle N, Suite 103. Temecula, CA 92590
951.296.0530. Fax 951.296.0534. www.leightongeo,com
~..
~
Ai\~\lAiE.N\ "A' \
TEST
Identification & Index Properties
Moisture Content
Moisture and Density (Ring Samples)
Moisture and Density (Chunk Samples)
Moisture Content & Density (Shelby/cutting)
Allerberg Limits (3 points)
Single PointINonplastic
Visual classification of point as non plastic
Particle Size: Sieve (%' to -#200)
Sieve (3' to - #200)
Hydrometer only
Sieve & Hydrometer
Dispersive Characteristics of Clay Soil (Doubfe Hydrometer)
Specific Gravity: Fine (passing #4)
Coarse (retained on #4)
Total Porosity - On Shelby tube sample - calc,
Total Porosity - On other sample
Photograph of sample
Shrinkage Limits (Wax Method)
Pinhole Dispersion
Sand Equivalent
Percent Passing #200 Sieve
Soli Chemistry
pH
Electrical Resistivity - single point - insitu moisture
Minimum Resistivity (minimum of 3 points)
pH & Minimum Resistivity
Sulfate Content - Gravimetric
Sulfate Screen
Chloride Content
Corrosion Suite: pH, Chlortde, Minimum Resis/Mty & Sulfale (gmvimelric)
Organic Maller Content
Shear strength
Pocket Penetrometer
Torvana
Single Point Shear
Direct Shear (3 points) Consolidated Undrained - 0.05 in.hnin.
Direct Shear (3 points) Consolidated Drained
Remolding or Hand Trimming of specimens (3 points)
Residual Shear - price per pass per point after shear
Torsional Shear
Oriented or Block Hand Trimming
Compaction & Bearing Capacity
R-Value - Untteated or Treated
R-Value - Lime Treated
Standard Proctor Compaction - 4 points
4 inch mold
6 inch mold
Modified Proctor Compection (Max Density) - 4 points
4 inch mold
6 inch mold
Check Point
Relative Density (0.1 cubic fool mold)
California Bearing Ratio (CBR) - 3 point'
-1 point'
16
26
58
63
121
84
11
74
110
110
158
89
89
84
137
105
11
126
200
89
58
42
42
89
131
68
32
68
221
63
16
16
95
231
488
74
58
620
58
263
268
173
205
184
215
79
236
557
184
$
TEST
P 611 00201
March 20, 2006
Static Uniaxial & Triaxial Strength Tests
Unconfined Compression (with s1Jesslsltain plot)
UU T est- UnconsolidatedlUndrained (per s1Jess)
Consolidated Undrained (CU,R) (per sInlss)
Consolidated Drained (CD,S) with Volume Change
Sandy-silty sand soils lperconfining stress)
Sill-clayey and soil lperconfining stress)
Clay soils lperconfining stress)
Three Stage Triaxial Tests
Consolidation & Swell Tests
Consolidation (w/o time rate)
Each Time Reading & Curve per Increment
Each addition8110ad/unload wlo Time Reading
Expansion Index
Expansion Index (UBC 18-12)
SwelVCollapse Test (A) 10 IoadlunJoads wlo time ",rves
Single Load SweIVCollapse Test (B) SesI,load,lJnd inunclefe
SwelVCollapse Test (C)
Collapse Potential of Soils
Hydraulic Tests
Permeability (Hydraulic Conductivity)
- Undisturbed Tube Sample
- Remolded Sample
Triaxial Permeability (at One Effective Stress)
- Each Additional Effective Stress
- Hand Trimming for Horizontal K
- Daily charge tor Long Term Tests (> 7 days)
Compatibility Tests in Flex-Wall Permeameter: Baseline
Penneability, Sample Prep" eIl:.
Set-up for Leachate or Permeant Injection
Daily Equipment Usage Rate (e<<", leechefe injection)
Remolding of Tesl Specimens
Air Permeability (inc. Moisture & Density)
Air Permeability (Modified for Soils)
Capillary-Moisture Relationships (includes dupiicate)
" " (without dup/icete)
CalTrans Tests
Caltrans 216-Relative Compaction
R-Value, Soils & Balles (Stabilometer)
Box of Sample Rings
Dally Equipment Usage
89
168
347
373
520
735
Above $ + 75%
194
47
42
131
131
289
105
383
247
194
236
294
121
58
47
326
105
47
58
100
173
394
284
205
289
125
37
Samples will be stored for 3 months, Prior notification Is required If samples
need to be stored for a longer period of time. A monthly storage fee. of
$101bag and $5/sleeve will be applied.
Prices shown above are based on the assumption that all soil $amples are
'clean' and that tumaround time of resuits is standard (1 to 2 weeks). For
contaminated 5011 (Leveis C & D-personnel protective equipment only, no
Level A), please add a 15% surcharge. Contaminated 5011 $amples will be
returned to the site or property owner.
1-06P
41715 Enterprise Circle N, Suite 103. Temecula, CA 92590
951.296.0530. Fax 951 ,296,0534. wwwJeightongeo.com
Ai\~M~NT "^"
4
Leighton Consulting, Inc.
A LEiGHTON GROUP COMPANY
April 25, 2006
Proposal No. P611-00202
City of Temecula
Department of Public Works
43200 Business Park Drive
Temecula, California 92590
Attention: Mr. David McBride
Subject: Proposal to Provide Additional Geotechnical Services,
RFP No. 143-8, Project No. PW 06-03,
Temecula Education Center Rough Grading,
West of Diaz Road and South of Cherry Street,
Temecula, California
In accordance with your request, Leighton Consulting, Inc. (LeI) is pleased to submit this
proposal for geotechnical and surveying services associated with the proposed settlement-
monitoring program for the subject rough grading project. Recently, LCI has provided a separate
proposal for field observation and testing, and geotechnical consulting services during rough
grading. We understand LCI has been selected as the geotechnical engineer in record during
rough grading and settlement monument monitoring.
Due to site compressible soils, a fill surcharge will be placed over the site in two stages, each
covering approximately 50 percent of the site. The thickness of the surcharge is approximately
equal to the thickness of the proposed fill thickness. Each surcharge is proposed to cover
approximately 50 percent of the site area and is estimated to take two months to achieve
adequate subsidence of the fill and underling alluvial soils. Subsidence due to compressible
native alluvium is estimated at 0.9 inches of settlement per foot of compacted fill placed above
existing grades. The time needed to complete the anticipated settlement is only an eStimate.
The scope of services presented in this proposal is based on our review of the previous
geotechnical investigation report for this site by Van Beveran & Butelo, Inc., (May 13, 2005),
rough grading plans (RBF Consulting), the Request for Proposal (City of Temecula) and our
communication with Mr. David McBride with City of Temecula Public Works Department. We
understand the first phase surcharge will be placed over the southern 50 percent of the project
site (close to Dendy Pkwy, Please see Figure 2: Zone A, B and C) and the second phase of
surcharge will be placed along the remaining northern portion of the site (Zone D and Zone D).
41715 Enterprise Circle N., Suite 103. Temecula, CA9259D-5661
951.296.0530. Fax 951.296.0534. wwwJeightonconsulting,com
AI\AC\-t 1v\"G<. ~ '\ 1\ f>t l\
P611-o0202
April 25, 2006
Based on our understanding of the project we propose the following additional scope of services
in support of the proposed settlement-monitoring program.
1. Review the project geotechnical investigation reports (VanBeveran & Butelo, Inc. and
CHJ Inc., 2004), rough grading plans (RBF Consulting), and proposed development plans
(proposed building layout and associated improvements).
2. Propose the number of settlement monuments that will be required to monitor the
anticipated settlement due to additional fills and surcharge. The approximate location and
estimated base elevation of the monuments with respect to the proposed development will
be determined and presented to the City and construction team.
According to your request we have already performed a preliminary review and have
proposed a settlement monument program for this site. Figure 1, attached with this
proposal shows approximate location of Thirty Five (35) settlement monuments proposed
for this site.
3. Propose a settlement monument type and monitoring program that would be suitable and
will have less interference (delays) to the grading contractor.
Based on our understanding of the proposed grading and surcharge placement schedule
(70 working days) we recommend a drill down settlement monument construction
method. The detail of the elements and method ofinstallment is provided in the attached
document, "Deep Settlement Monument-Installation Procedures". Proposed settlement
installation and survey procedure is discussed later in this proposal.
4. Provide equipment, materials and labor necessary to construct the settlement monuments.
5. Provide field staff and field geotechnical observation and documentation services during
construction/installation of the settlement monuments.
6. Provide field-surveying services as directed by the geotechnical engineer (number of
measurements and frequencies). We have contacted RBF Consulting for field surveying
services.
7. Provide one letter report summarizing number of settlement monuments, proposed
locations, type and detail of the settlement monuments; and one letter report summarizing
the settlement data provided by the surveyor, estiinate percentage of settlement occurred,
compare with the predicted settlement and evaluate potential remaining settlement at the
end of two month surcharge time period. Verhal updates may be provided as data is
developed.
.,
-2-
Leighton
Al\~ \\J\~~T 1'\ ~,\
P611-D0202
Aprll2S,2006
In accordance with your request we include the following additional scope of services:
LCI will review utility improvement plans of existing utilities along Diaz Road and evaluate
the impact of proposed grading and fill placement to the existing sewer and water
improvements. Recommendations will be provided for realignment of utility improvements
based on anticipated impact of fill placement in the vicinity of the pipelines.
The proposed settlement installation and survey procedure is discussed below. Changes in
grading methods or other reasons beyond our control may cause an adjustment to the approach
outlined in the following section:
l> During remedial removal grading operations, the proposed settlement monument
locations (See Figure 1) are to be field surveyed. One set of settlement monuments will
be field located (Group A: See Figure 1) The base plate will be established in a shallow
dozer pit at an elevation of approximately one to two feet below the approved removal
bottom. The second set (Group B: See Figure 1), the base plates will be established in a
shallow dozer pit at approximately 2 feet below the top of the compacted fill design
elevation (beneath the surcharge fill).
l> After establislunent of base plates (Group A and B), they will be surveyed for horizontal
location (grid coordinates) and elevation of the center of the base plate.
l> Fill will be placed and compacted in accordance with the project geotechnical report to
the proposed design grade and then sureharge will be placed. Upon completion of design
fill placement and compaction, and surcharge placement, the surveyor will accurately
locate the point on the finished surcharge surface directly over the center of the
previously placed base plate and set a stake depicting elevation and depth to base plate.
l> A vertical boring (24-inch minimum diameter) will be drilled down to the base plate; the
bottom will be manually cleaned. The elevation of the base plate will be surveyed utilizing
a ''pencil rod" or other approved method to detennine the amount of settlement that has
occurred during the fill and surcharge placement.
l> Survey measurement will be taken after establishment of remaining elements of the
settlement monument. Thereafter, a weekly measurement will be required for an
estimated duration of two months (eight readings estimated).
l> The settlement monuments will be installed by LCI personal and will be monitored by the
Project Surveyor.
Based on information provided by David McBride of City of Temecula, we. have separated the
scope of our service into two phases.
The first phase will include:
l> Establishment of base plates of all settlement monuments, (Zones A, B, C, D, and E),
survey horizontal and vertical location of the base plates.
.,
- 3-
Leighton
A'T\t\q-\ M~l--.)\ 1\ All
P611-o0202
April 25, 2006
~ Upon completion of compacted fill and surcharge placement in Zones A, B and C, drill
down the monument locations in Zones A, B and C, and survey the elevation of the base
plate utilizing a pencil rod.
~ Construct the monuments in Zone A, B and C, and backfill voids outside the PVC pipe
with self compacting pea gravel.
~ Monitor all monuments in Zone A, B and C and the finished grade monuments in Zone D
and E on a weekly basis for an estimated time of eight weeks.
The second phase will include:
~ Upon completion of surcharge placement in Zones D and E, drill down the monument
locations in Zones D and E survey the elevation of the base plate utilizing a pencil rod.
~ Construct the monuments in Zone D and E, and backfill voids outside the PVC pipe with,
self compacting pea gravel.
~ Monitor the monuments in Zone D and E on a weekly basis for an estimated time of eight
weeks.
The project team of LCI previously proposed for rough grading will coordinate the field
geotechnical services and provide consulting services as required.
SCHEDULE
The materials that are needed to construct the settlement monuments will be ordered. We
anticipate these materials will be delivered to the site prior to the installation. We understand the
grading of the site will begin in first week of May, 2006. We will schedule our field services to
match with the rough grading operations of the site. We have included (attached with this
proposal) our approach on how and when the elements of the monuments will be established and
surveyed.
cf
-4-
Leighton
AiTkC-'n M\Z.\-J\ 'LAI'
P611-oo202
April 25, 2006
BUDGET ESTIMATE
A detail list of the items of work to be performed by us, man hours anticipated for these tasks,
estimated cost for materials (for settlement monuments) and fees for each tasks are presented in
Table 1 attached with this proposal.
This estimate is in part based on our conversation with the grading contractor, information
provided by Mr. David McBride of City ofTemecula Public works and RBF consulting.
We proposed to provide the scope of services for plulse 1 presented in this proposal for an
estimated amount of One Hundred Sixty Three. Thousand Seven Hundred Eighty Eight Dollars
($163,788.00), on a time and expense basis at the unit rates listed on the attached Temecula
Education Center 2006 Professional Fee Schedule for Prevailing Wage Projects specifically
discounted for this Job and Table 1 attached with this proposal. A cost estimates for the scope of
service outlined in phase 2 will be provided upon completion of phase I or if requested earlier by
City of Temecula or by the future developer.
Our fees for construction services will be primarily dependent upon the various contractor's
operations, methods and scheduling. The actual amount of time, materials and our associated
fees, will be dependent on weather, possibly unanticipated subsurface conditions, the
contractor's schedule, sequencing, pace and efficiency, and/or other causes beyond our control.
Therefore, these estimates should be considered as budgets, only. If we are close or expected to
exceed our estimated amount during the course of the settlement monument installation and
monitoring, we will notify you before providing additional. services.
The following assumptions have been made in estimating our costs.
. The contractor will provide a secure on-site storage area, to store the materials that are
required to construct the settlement monuments when they are delivered to the site.
. Overtime work (over 8 hours per day, weekends or holidays) will be billed in accordance
with the attached Temecula Education Center 2006 Professional Fee Schedule for Prevailing
Wage Projects and is not currently included in our estimate.
. Our estimate does not include costs for .post-report consultation, additional plan reviews,
geotechnical consultation,. additional field hours requested beyond those stated above, or
third-party review.
. It is assumed that our standard invoice and breakdown of fees will be acceptable for
payment. A typical copy can be provided upon request.
c
-5-
Leighton
AiTi'IOt~~tS'\ n~\\
P611-00202
April 25, 2006
Services requested in addition to the described scope of services in this proposal will be invoiced
on a time-and-expense basis in accordance with the attached 2006 Professional Fee Schedule for
Prevailing Wage specifically discounted for this Job. We understand that this project is a public
works project, i.e., public funds are being used for construction and that we will provide our
services and in accordance with the prevailing wage law of the State of California. We will
provide certified payroll records showing that we have met the requirements of California Senate
Bill 1999. We understand that we will be expected to execute a standard City Agreement. We
will provide evidence of insurance per City Minimum Standards (i.e., general liability,
automobile, worker's compensation, employer's liability, and errors & omission/professional
liability) and abide by the City's Risk Management procedures.
CLOSURE
If you have any questions regarding this proposal, or information that would change the
assumptions we have made, please contact Mr. Robert Riha at (951) 296-0530, extension 104.
We appreciate this opportunity to present this proposal to City of Temecula Department of
Public Works and look forward continue working with you on this project.
Respectfully submitted,
dRTme
Robert F. Riha, CEG
Principal Geologist
il!l!LRCE
Project Engineer
RFR/AS
Attachments: Figure 1: Proposed Settlement Monument Location Map
Figure 2: Anticipated Zones of Grading Progress
Assumptions and Our Approach for Installation and Monitoring of Settlement Monuments
Table 1 - Breakdown of Estimated Fees for phase I
Temecula Education Center 2006 Professional Fee Schedule for Prevailing Wage Projects
Deep Settlement Monument-Installation Procedures
RBF Consulting Scope of Services
Distribution: (I). Addressee (viaemail: David.McBride@cityoftemecula.org)
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April 25, 2006
AssumDtionsand Our ADDroach for Installation and Monitorin2 of Settlement Monuments
Phase 1
Based on our (Leighton Consulting Inc.) telephone conversation with grading contractor
(Yeager) and infonnation provided by City of Temecula, we suggest the following sequence of
work. We have preliminarily divided the site into five working zones (see Figure 2: Zones A, B,
C. D. and E). The grouping of zones may be slightly different than what we have assumed
below. It may be possible to group more number of monuments than we have assumed below.
Sometimes it may require separating the groups of monuments further, depending on contractors.
schedule and method of grading of the site. '
)> Zone A and B (see Figure No.2), will be initially cleaned and removed minimum 2 feet
below existing grade. After the geotechnical consultant's review and acceptance of the
bottoms, the exposed bottom will be scarified and re-compacted. Upon completion of
compaction of bottoms and before placement of fill in Zone A and B, the base plate
ofSM13, SM20, and SM21 will be placed in dozer pits established by LCI with
cooperation of Yeager Construction. RBF will be called, requested to assist us in locating
the plates to the approximate location depicted on Figure 1. RBF will be requested to
survey the horizontal and vertical location of the center of these base plates. The base
plates will be covered per the details in Appendix A.
)> Upon completion of removals and recompaction of the bottom in Zone C, LCI will
establish base plates for SM2, SMS, SM9and SM10. RBF will be called, requested to
assist us in locating the plates to the approximate locations (Figure 1) and then requested
to survey the horizontal and vertical location of the center of these installed base plates.
)> Upon completion of removals and recompaction of the bottom, in Zone D and E, LCI will
establish base plate for SM 24, SM29, and SM34 with cooperation of Yeager
Construction. RBF will be called, requested to assist us in locating the plates to the
approximate location and then requested to survey the horizontal. and vertical location of
the center of these installed base plates.
)> Upon completion of establishment of base plates at the removal bottoms, the grading
contractor will be allowed to place fill and compact. Additional recommendations will be
provided to the contractor to protect the base plate during fill placement and compaction.
Based on our conversation with the grading contractor (Yeager) we understand the whole
site is being planned to be brought up roughly unifonnly.
)> Upon completion of fill placement to design grade elevation (after certifying the pad
grades by others) within the majority of the site, LCI will start continuously establishing
the base plates on the finish grade elevation (beneath the proposed surcharge fill) in Zone
A through E. These plates will be installed in dozer pits approximately 2 feet below the
finish grade elevation. RBF will be called, requested to assist us in locating the plates to
c
Leighton
A 1I"l'\Ct\ M~~ \ Y\ P't'\ \
P611-G0202
April 25/ 2006
the approximate location and then requested to survey the horizontal and vertical location
of the center of these installed base plates.
> Upon completion of establishment of base plates at the top of the finish grade, the grading
contractor will be allowed to place surcharge fill. Ad<!itional recommendations will be
provided to the contractor to protect the base plate during fill placement and compaction
and also regarding minimum requirement for surcharge placement (minimum compaction
effort, minimum moisture content necessary etc.).
> Upon completion of surcharge in Zone A, B and C, LCI will drill down and establish the
monuments. We anticipate it will take approximately 6 to 7 working days to complete
drilling and establishing the monuments. We anticipate completing three holes per day.
The holes will be requested to be backfilled on the same day, thus RBF will be requested
to be on site to take the measurement using a pencil rod, once drilling of all three holes are
completed and base plates are exposed (each day). This will continue for the remainder of
the monuments in Zone A, B and C are completed (6 to 7 working days).
> RBF will be requested monitoring the installed monuments (first measurements) in Zone
A, B and C immediately after the installation. There after all of the monuments (Zone A
through Zone E) will be monitored on a weekly basis for an estimated time of eight weeks.
Phase 2 : Not a Part of this ScoDe or Fee
> Upon completion of surcharge in Zone D and Zone E, LCI will drill down and establish
the remaining 13 monuments (SM23 through SM35). We anticipate it will take
approximately 3 to 4 working days to complete drilling and establishing the monuments.
We anticipate completing three holes per day. The holes will be requested to be backfilled
on the same day, RBF will be requested to be on site to take the measurement using a
pencil rod, once drilling of all three holes are completed and base plates are exposed. This
will continue during the remainder of the days until drilling of all monuments in Zone D
and E are completed (3 to 4 working days).
RBF will be requested monitoring all monuments in Zone D and E on a weekly basis for
eight weeks.
This Scope to be performed under separate contract.
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P ~ll 00 202
April IS, 2006
Leighton Consulting, Inc.
A LEIGHTON GRO!JP.COMPANY
2006 PROFESSIONAL FEE SCHEDULE"
FOR PREVAILING WAGE PROJECTS
Temecula Education Center
PROFESSIONAL SERVICES
TECHNICAL STAFF
Laborer-......""................"..............................................................................."..................................."..........................................90
SoiVFleld Technlclan- ..............."..................."............................".......... ............................................"..........;............................... 409 85
Staff Englheer/GeologisllScientisVFleld Supervisor............. ......."..............................................................."...............".....".........,. -1W 100
Senior Staff Englneer/GeologlsllScientist ............"..,.....................................".........".......'.."....".......,..,........"......................."".... 42&-100
Operations ManagerlEquipment Operator...................................................."..................................................."....."."...""............A41>- 110
Project EngineerlGeologisllSclentisl......"".",.."..........."",.............. ......"............................"...........................................................145
Senior Project Engineer/GeologisllScientist ..........................................."..................................... ....................................................46Q 145
Associate....;;...........:.........."........".......................".................................................."..............................".",..".........,..........,...."".4l!9-145
Principal.................."......",......................".........".........................,.....,'",....................................................................,....................409.145
Senior Principal........"................"."................................ ........................................................................................;..............:.......;...~145
TECHNICAL SUPPORT STAFF
Administrative AssislanbWord Processor .........................................................."....."................... ...........:....................,....................70
CAD OperalorfTechnicallllustrator/GIS Specialist .................................."..............................................." .,.".".",,,.,,...................... 100
ENGINEERING EQUIPMENT
Vehicle Usage......................................................................... ..............................."...........................,...... ......No Charge $10 per heur
Tiltmeter. Inclinometer Units .........................................................................."..............:........................... .....".."..,."..........209 per day
NuclearSoil Gauge..."""..........................".............,........".... ..........................................,..,..............................No Charge 80 per !lay
GPS S\latlon ..............."...................... .............."..........:,............,...............................................................................;..........160 per day
Other Equipment............................................................ .........................................."......................................................UponRequesl
OTHER TERMS AND CONDITIONS
. Overtime for field personnel (all techni.cian and staff levels) will be charged at 1.2 M times the .basic rate,
. Expert witne$S testimony will be charged at 2,0 times the above rates. with a minimum charge 01 four hours per day.
. Invoices are rendered monthly. payable upon teceipt
. Proposals are valid f~r30 days, unless ~therwlse stated in the proposal.
. Heavy equipment. subcontractor fees and expenses. supplemental insurance, travel. shipping. reproduction. and other reimbursable
expenses will be inVOiced at cost plus 20%. unless billed directly to, and paid by client
. Thirty percent Ilf the fee for field sfudies will be invoiced immediately to cover equipment and mobilization cosls,
. Client agrees to provide all information in Client's possession about the actual Or poSSible presence of buried utilities and hazardous
materials on the site. and. agrees to reimburse Leighton for all costs related to their unanticipated discovery. .
. Rates. predicated on standard insurance coverage and a limit of liability to our fees for the project
. For 'paid when paid' contracted work. Leighton shall receive payment within 10 calendar days from when our client receives paYJ1lent
for our services.
. Minimum Hourly Charges for Field.Techniclans:
1. Monday.Friday. .....m........... ................. ................~..........................; 2 l..fsl:lr MiFliMl:IFA NO,Mlnlmum
2, Saturday and Sunday"."."" "",,,,.,"'''',,,,,,,,,,,,,,.,,,.,''',,,.,.,,,'''.,,,,,.,,,,.,..,,....,.,,....... 4 Hour.Mlnlmum
. Effective through December 31, 2006. after which remaining work will be bii/ed at then-current rates,
.. Subject to change based upon project adverlised date,
9060499
(Continued on Reverse)
l-06P
41715 Enlelp/il$e,Circle N. Suite 103. TemecuIa, CA 92590
951.296.9&3Q. Fax 951.296.053<\. www.leighlongeo,com
A1\1'tO:\ l\Aial\ I\A \ J
TEST
Identlflcatlon.&lndex Properties
Moisture Content
Moisture and Density (Ring Samples)
Moistura.and Density (Chunk Samples)
Moisture Content & Density (Shelby/cutting)
A#erbarg Limits (3 points)
Singla PointINonplastic
Visual classification of point as nonplastic
Particle Size: Sieve (%" to -#200)
Sieve (3' to - #200)
Hydrometer only
Sieve & Hydrometer
DispersiveCharactaristics of Clay Soil (Dooble Hldrometer)
Specific Gravity: Fine (passing #4)
Coarse (ratained on #4)
Total Porosity - On Shelby tube sample - calc.
Total Porosity - On other sample
Photograph of sampla
Shrinkaga Limils (Wax Method)
Pinhola Dispersion
Sand Equivalant
Percent Passing #200 Sieve
Soil Chemistry
pH
Electrical Resistivity - single point - insitu moisture
Minimum Resistivity (minimum of 3 points)
pH & Minimum Rasistivity
Sulfate Content" Gravimebic
Sulfate Screen
Chloride Content
Corrosion Suite: pH, Chlolide, Minimum Reslslivity & Sulfate (grsvlmel1ic)
Organic Matter Content
Shear Strength
Pocket Penelrometer
Torvane
Single Point Shear
Direct Shear (3 points) Consolidated Undrained - 0.05 in.lmin.
Direct Shear (3 points) Consolidated Drained
Remolding or Hand Trimming of specimens (3 points)
Residual Shear - price per pass per point after shear
Torsional Shear
Oriented or Block Hand Trimming
Compaction & Bearing Capacity
R-Value- Untreated or Treated
R-Value -Ume Treated
Standard Proctor Compaction - 4 points
4 inch mold
6 inch mold
Modified Proctor Compaction (Max Density) - 4 points
4 inch mold
6 inch mold
Check Point
Relative Density (0.1 cubic foot mold)
Califomia Bearing Ratio (CBR) - 3 point'
-1 point'
-.y,", '-"."-
- ,;;,<-,._"..",.
',,-
<:':--;. :.~~,\_,.;i;~,!;:~f;,;t>. {;0~~2h~.
42
42
89
131
68
32
68
221
63
16
16
95
231
4118
74
58
620
58
263
268
173
205
184
215
79
236
557
184
$
TEST
P 611 00201
March 20, 2006
16
26
58
63
121
84
11
74
110
110
158
89
89
84
137
105
11
126
200
89
58
StatIc Uniaxial & Triaxial Strength Tests
Unconfined Compression (with sI1ess/s/Jllln plot)
UU Test- UnconsolidatedlUndrained 1pers/1ess)
Consolidated Undrained (CU,R) (per s/1ess)
Consolidated Drained (CD,S) with Volume Change
Sandy-silty sand soils (percon6nlng stress)
SiIl,Qayey and soil (perconfining stress)
Clay soils (per confining s/1ess)
Three Staga Triaxial Tests
Consolidation & Swell Tests
Consolidation (w/o time rata)
Each Time Reading & Curve per Increment
Each additionalloadlunload wlo Time Reading
Expansion Index
Expansion Index (UBC 18-12)
SwelllCollapse Test (A) 10Joadiunbads wlo time CUlVes
Single Load SweIVCollapsa Test (B) Sea~ load, and inundate
SwelVCollapse Test (C)
Collapse Potential of Soils
Hydraulic Tests
Permeability (Hydraulic Conductivity)
- Undisturbed Tube Sample
- Remolded Sample
Triaxial Permeability (et One Effective Stress)
- I;ach Additionall;ffective Stress
- Hand Trimming fQr Horizontal K
- Daily charge for LongTenn Tests (> 7 days)
Compatibility Tests in Flex-Wall Penneamater. Baseline
_billy, S8mpIe Prep., ate.
Set-up fQr Leachate or Permeantlnjection
Daily Equipment Usaga Rate (alter leachate injecllon)
Remolding of Test Specimens
Air Permeability (inc. Moisture & Density)
Air Permeability (Modilied for Soils)
Capillary-Moisture Relationships (inGludas dUplicate)
. " (withoutdupllcete)
CalTrans Tests
Callrans 216-Relative Compaction
R-Value, Soils.& Beses (Stabllometer)
Box of Sample Rings
Dally Equipment Usage
89
168
347
373
520
735
Above $ + 75%
194
47
42
131
131
289
105
383
247
194
2~6
294
121
58
47
326
105
47
58
100
173
394
284
205
289
125
37
Samples will be stored for 3 months. . Prior notification is required if $nples
need t~ be stored for a longer period of time, A monthly storage fee of
$101bag and $51sleeve will be applied,
Prices shown above am based.on the assumptioirthat all soil samples are
'clean' and that tumaround tima of.results is standard (1 to 2 weeks). For
. contaminated soil (Level$C'&D-,lelS9nnel protective equipment onlY, no
Level A), p1ease;ldda 15%suroharge, Contaminated soil samples wiil be
returned to the site or property owner.
1-06P
41715 Enterprise Circle N, SuUe 103. Temecula, CA 92590
951,296.0530. Fax.951.296,0534. www.leightongeo.com
A-"IT'K:~ lv\iE.\-J\ II A \ \
#~ .~( lPi~'
DEEP ~FM'f .J;MlO.NT MONUMENT
INSTAl l AnON PROCEDURES
Overview
The foIlowiDg general procedUICI for the installation of "drill-back-down-to" deep settlement
monuments are based on techniques that have been developed through past e;perience installing
these monuments. Details of monument c;onstruction are shown on Figures 1 and 2 (attached).
The sua:esa of a settlc:meot monitoring program depends to a large degree on the accuracy of the
iDitial and subsequent SUlVey.I. Therefore, the program should be discussed with the SUIve)lOII prior
to instal1ation of the monuments.
Materials
. Base Plate - A 3.foot square, flat steel plate, 1/4 inch thick with one inch wide, 1I4-inch thick
stee1 angle welded at the bottom c;omers. .
. TeDtale,. A 6-inch square, flat steel plate, 114 inch thick with one inch diameter female coupling
with standard pipe thread welded directly in the center. Enough one inch diameter standard steel
pipe (lengths may VlIIY) and couplings to extend to the surface from the base plate and a oae inch
d;ampw steel cap.
. Protective Sleeve - Enough :3-inch diameter solid Schedule 40 PVC pipe to extend from the base .
plate to the surface.
. Backfill - A smaD quantity of clayey soil and enough self-compacting gravel (1/4-inch pea gmvel)
to backfill a 24-inch diameter boring to within 5 feet of the !in;q,p4 surface. The required
quantity (eo. yds.) can be ea1c:ulated as approximatelyO.115(H-5), where H equa1s the CuD depth
(in feet) of the boring. .
General InstaDation Procedure
1. Seat the base plate (feet down) on a flat, smooth surface in a 4 to S-foot deep dozer pit at the
desired location. Care should be taken to level the: base plate: using a earpc:nter Ic:vel and sand
(if nc:cc:ssary). Stake: off the area with lath and ribbon to prc:vc:nt any disturbance.
2 Prec:isc:1y survey and record the: horlzontallocation (gnd coordinates) and elevation of the:
center of the base plate. .
3. "Dust" the base: plate with approximately 1/16-inch of dc:an sand and cover with about 1/4- to
l/2-inch of flat newspaper. CareCuDy c;ompact approximately one: foot of clayey soil over the
top of the newspaper.
AlTf'Cti M~I-S\ \\ fIt\ \
4. Carefully compact the first 5 feet of fill over the base plate using an 824 dozer or similar
equipment with an experienced operator.
5. PI8ce the remaining fill as usual to finished grade.
6. The surveyors should accurately locate the point on the finished surface directly over the center
of the base plate and set a stake. Also, get the actual elevation of the finished surface and set
at least two 2O-foot offset stakes to locate this point.
7. Use a 24-inch diauieter bucket auger drill rig to excavate a wrtical boring down to the base
plate. An experienced driller should be retained for this purpose. Manually clean the bottom
of the hole, removing any remaining clay, newspaper and sand using appropriate safety
measures.
8. Connect telltale plate to one inch di.""'~er pipe and lower into the boring, taking Care not to
"scufl" the sides of the boring. Add couplings and pipe sections, as nece8SllI)'. to reach the base
plate. The telltale should extend fwm the base plate to 4 laches below finished surface. where
it should be securely capped.
9. Encase telltaIc with 4-inch diameter Schedule 40 PVC pipe by joining sections with couplings.
&tend the encasement fwm telltale plate to 8 inches below the top of the telltale.
10. Use a hydraulic jack or the drill rig to apply enough vertical pressure on the telltale to pull any
"snaking" out of the one inch pipe, taking cale not to lift the telltale plate off of the base plate.
While applying the vertical pressure, bacldill the boring with the sclf-compacting gravel to
within S feet of finished surface. Backfill the remaining portion of the boring with native soil
to approximately 4 inches below the top of the plastic pipe ellCp"'""'''''Jt.
1L Install a concrete or heavy plastic meter vault with a locking lid over the top of the monument
for security.
12. The surveyors should carefully measure the distance from the telltale plate to the top of the .
telltale in order to determine the current elevation of the base plate. This step is n_ev"}'
to determine the amount of settlement which has taken place during placement of the fill and
is extremely important.
13. . Accurately survey the monument for elevation at the intervals speci.licd by the geotr.r.hnical
consultant. .
ATI~,,^~NT \\~\\
FINISHED SURFACE
II-
24- DIAMETER BORING
"
.0 "
"
C1
G "
<1
t>
.
.
D
"
" "
t> '"
"
.
,
"
, i: ~
COMPACTED FILL
" .
. ,)
:r SQUARE 1/4- STEEL BASE PLATE
WITH 1" STEEL ANGLE FEET,
WELDED AT BOTTOM CORNERS
G
<- '"
.
,
. "
"
~
.'" G
.
CONCRETE OR HEAVY PLASTIC
METER VAULT WITH LOCKING LID
'1' DIAMETER STANDARD
STEEL PIPE WllH CAP
.
.
0 4' DIAMETER SOLID
. 0 SC~EDULE 40 PVC PIPE
EII!CASEMENT
<- .
" "
1" STANDARD STEEL'PIPE
" COUPLING
.
. ..
-, .
D SEUF-COMPACTINGGRAVEL
. BACKFILL
. . .
0
D
" ..
.. 1" DIAMETER STANDARD STEEL
"
" " COUPLING WELDED TO 6" SQUARE
.. 1/4".STEEL TELLTALE BASE PLATE
0
NAnVESOIL
, DEEP SETTLEMENT MONUMENT DETAIL
, -
ProJect No.
Scale
Engr./Geol.
Dra~ By
Date
NO SCALE
[fi]
lab
Figlre No. 1
~.
A-t\~"^~~\ \l p\ \ \
APR-25-0S 11 :20
FROMrRBF Consultini
9Sl-B99-12S4
T -848 P, 008/0 IS F.m
RBF CONSUL liNG
IN 15-101474
Leighton Consulting Ine.
April 24, 2006
Page 1 of 10
EXHIBIT "A"
SCOPE OF SERVICES
Consultant agrees to perform the following Scope of Services:
In performing its services hereunder, RBF has or will receive information prepared or
compiled by others, the accuracy and completeness of which RBF is entiUed to rely upon
without independent evaluation or verification.
TASKA.1
SURVEY CONTROL
Consultantshall provide horizontal and vertical control for use by Consultantand others, outside the
project limits along Dendy Parkway. This will consist of a minimum of three stable control
monuments. Consultant will Install and survey the monuments in order to produce a listofpublished
coordinates and elevations on the project base datum.
This entire task will be invoiced as a fee on a percent complete basis.
TASKA.2
PROJ"'CT SCOPE PREPARA'fION & MEETINGS
Consultant has attended a scope meeting with Client and the City of Temecula on April 18, 2006 to
discuss the scope of this project
Consultant has coordinated with Client and the City on the details of the survey serviceli
requirements forthe project and prepared a schedule offees and an estimate oft/me and materials
based costs.
Consultant anticipates that additional meetings may be required and will attend as requested by
Client.
This task will be invoiced on a time and materials basiS pU!liuant to the rate schedule provided
herewith.
TASK A-3
AERIAL TOPO & EARTH QUANTITY #1
Consultant shall perform the necessary tasks to obtain and earth quantity calculation report forthe
City of T emecula that compares the following surfaces:
APR--25-D6 11 :20
A'I\fcATl"\"i2:..\JT \\/11;11
FROM-RBF C.",ulli"i
961-699-1264
1-848 P.DD7/DI6 H62
RBF CONSULTING
IN 15-101474
Leighton Consulting Inc.
April 24, 2006
Page 2 of 10
Surface #1 :
Surface #2:
The surface of all graded areas of the project, based on a compiled aelial
topographic map prepared from photography taken at the last possible moment
before the commencement of dirt Import to the project. To accomplish this,
Consultant will perform an aerial mapping survey and obtain aerial mapping
compilation 10 produce the aerial topographic map and digital surface for Surface #1
at a scale of 1"-40' and contour interval of 1 foot. The work shall inClude:
. Preparation of a flight plan and layout of ground control targets;
. Field surveying services to set ground control panels and survey their
precise positions on the appropriate coordinate system basis;
. Aerial photogrammemc services, provided by a photogrammelric
consulmnt;
. Compilation of plannlmetric and topographiC features from controlled
stereo pair photographs to digital medium, performed by a
photogrammemo consultant;
. Completion offield survey check profile observations and office analysis
of said observations to check ground truth of the compiled map.
The surface of the entire project that is represented by the grading shown on the
rough grade. plan. This surface will be prepared by Consultant in the Cadd
environment from the plan (not from actual ground measurements).
This entire task will be invoiced as a fee on a percent complete basis.
TASK A-4
AERIAl.. rop~ & EARTH QUANTITY tf.2
Consultant shall parform the necessary tasks to obtain and earth quantity calculation report for the
City of Temecula thai compares the fOllowing surfaces:
Surface #2: The surface of the entire project that is represented by the grading shown on the
rough grade plan. This surface is the same surface described as .Surface #2" in the
previous "Aerial Topo & Earth Quantity #1" task explained above.
Surface #3: fhe surface of all graded areas of the project, based on a compiled aerial
topographic map prepared from photography taken at the completion of the
installation of the surcharge dirt on the project. To accomplish this, Consultant will
perform an aerial mapping survey and obtain aerial mapping compilation to produce
the aerial topographic map and digital surface for Surface #3 at a scale of 1 "=40' and
contour-interval of 1 foot. The work shalllnc:lude:
. Preparation of a flight plan and layout of ground control targets;
. Field surveying services to set ground control panels and survey their
precise positions on the appropriate coordinate system basis;
. Aerial phologrammetric services, provided by a photogrammetric
consultant;
APR-25-06 11 :20
FROM-RBF C.,sultin,
AilAC\"\ \.A~\-.lT \\ A 1 \
951-699-1264
1-848 P.008/016 F-262
RBF CONSULTING
IN 15-101474
Leighton Consulting Inc.
April 24, 2006
Page 3 of 10
. compilation of plannimetric and topographic features from controlled
stereo pair photographs to dlglllll medium, performed by a
photogrammetric consultant;
. Completion offield survey check profile observatfons and office analysis
of said observallons to check ground truth of the compiled map.
This entire task will be invoiced as 8 fee on 8 percent complete basis.
TASKA"6
BASE SETTLEMENT PLATE LAYOUT
Consultant shall provide survey s<;lrvlces to calculate and stake the locations for the installation of
the ten (10) Base settlement plates. Client shall provide a final exhibit Showing the proposed
location of the plates alleast one week in advance of the day of layout. Consullant will determine
the layout coordinates therefrom, provide them to Consultant's field survey crew for layout.
Consultant's survey Clew will set one stake at the proposed location of each plate at an accuracy of
:1:1 foot. (Precise location of the plate will be made later in a separate task, after the plate has
actually been set.
The assumption used to determine the time and materials budget estimate for this task is based
upon the following:
. Move-in #1:
. Move-In #2:
. Move-In #3;
Zone 'A' and Zone '8' layout performed;
lone 'C' layout performed;
Zon8 '0' and Zone 'E' layout performed.
This task will be Invoiced on a time and materials basis pursuant to the rate schedule provided
herewith.
TASKA-6
BASE SETTLEMENT PLATE PRECISE LOCATION
Consultant shall provide survey services to precisely locate each of the ten (10) Base settlement
plates. This will include a survey to place hon:lOntal coordinates on the center of the plate at an
accuracy of:tO.10'. The survey will also included differential level surveying to establish a precise
elevatiOn of an accuracy of :1:0.02' on said plate.
The assumption used to determine the time and materials budget estimate for this task Is based
upon the following:
. Move-in #1:
. Move-in #2;
. Move-in #3:
Zone 'A' and Zone 'S'location performed (with "Iayour task move-in above);
Zone 'C' location performed (with "layout' task move-in above);
Zone '0' and Zone 'E'location performed (with "layout' task move-in above).
~
A\IAc-tt\IA~~T itA"
APR-25-06 11 :21
FRO~RBF Cons.llinl
951-699-1264
T-848 P,009/016 F-212
RBF CONSULTING
IN 15-101474
Leighton Consulting Inc.
April 24, 2006
Page 4 of 10
This task will be invoiced on a time and materials basis pursuant to the rate schedule provided
herewith.
TASK A-7
FG SeTTLEMENT PLATE LAYOUT
Consultant shall provide survey services to calculate and stake the locations for the Installation of
the twenty-five (25) finish grade (FG) settlement plates. Client shall provide a final exhibit showing
the proposed location of the plates at least one week in advance of the day of layout. Consultant
will determine the layout coordinates therefrom, provide them to Consultant's field survey crew for
layout. Consultant's survey crew will set one stake at the proposed location of each plate at an
accuracy of;l;1 foot. (Precise location of the plate will be made later in a separate task, after the
plate has actually been set.
The assumption used to determine the time and materials budget estimate for this task is based
upon the following:
. Move-in #1:
. Move-in #2:
. Move-in #3:
Zone 'A' and Zone '8' layout performed;
Zone 'C' layout performed;
Zone '0' and Zone 'g' layout performed.
This task will be invoiced on a time and materials basis pursuant to the rate schedule provided
herewith.
TASKA.8
FG SE1TLEMENT PLATE PRECISE LOCATION
After the project is graded to the 1inish gradeshown on the approved rough grading plan, Consultant
shall provide survey services to precisely locate each of the twenty-five (25) FG settlement plates.
This will include a survey to place horizontal coordinates on the center ofllle plate at an accuracy of
;1;0.10'. The survey will also included differential level surveying to establish a precise elevation of
an accuracy of iO.02' on said plate.
The assumption used to determine the lime and materials budget estimate for this task is based
upon the following:
. Move-in #1;
. Move-in #2:
. Move,in #3:
Zone 'A' and Zone 'S'location performed (with "layout" task move-in above);
Zone 'C' location perforined (with .Iayout" task move-In above);
Zone '0' and Zone 'E' location performed (with "layout' task move-in above).
This task will be invoiced on a time and materials basis pursuant to the rate schedule provided
herewith.
k'\\AC-\-tMIENT t~A\ I
APR-25-06 11 : 21
FRQ~RBF Con.ultini
951-699-1264
r-S48 P,010!016 F-2S2
RBF CONSULTING
IN 15-101474
Leighton Consulting Inc.
April 24, 2006
Page 5 of 10
TASKA.9
SETTLEMENT PL.ATE DRilliNG CONTROL
After grading to FS is complete in Phase-2. Consultant will provide stakes to direct the drilling
contractor at each buried settlement plate (the 3 Base plates only, since no surcharge dirt is to be
placed in Phase-2 under the City contract). After the placement of the surcharge fill is compiete in
Phase-1, Consultant will provide stakes to direct the drtlling contractor at each buried setUement
plate. This Includes the Base settlement plates and the FG settlement plates in Phase-'.
The staking for each plate will consist of 3 stakes per plate; one at the actual center point over the
plate and the other 2 stakes at 10' offsets in opposing directions from the center point. The 2 offset
stakes will be elevated and will marked with a cut distance to control the depth of boring down to the
plate.
The assumption used 10 determine the time and materials budget estimate for this task is based
upon the following:
. Move-in #1:
. Move-in #2:
Drilling layout for the 3 Base plates and 9 FG plates in Zones A & B;
Drilling layout for the 4 Base plates and 6 FG plates in Zone C.
This task will be Invoiced on a time and materials basis pursuant to the rate schedule prOVided
herewith.
TASKA.10
RISER HEIGHT MEASUREMENT
After each setllement plate has been exposed by drilling. and the riser pipes have been installed by
others. Consultant shall peJfonn a measurement from the top of the riser, down to the top of
seUlement plate. using pencil steel and shall document said measurements in survey field notes.
The assumption used to determine the time and materiais budget estimate for this task is based
upon the assumption that Consultant will be called to perform these services fora minimum ofthree
(3) risers per requested move-in.
This task will be invoiced on a time and materials basis pursuant to the rate schedule provided
herewIth,
TASKA-11
PERIODIC SE1TLEMENT RISER MONITORING
Consultant shall perform surveys to monitor the elevation of the risers of thirty-two (32) settlement
plate systems, and shall document said measurements in survey field notes. The survey notes will
be reduced and checked by office survey staff and exhibited on a spreadsheet of resul\$.
The assumption used to determine the time and materials budget estimate for this lask Is based
upon the following:
AI\~~~T I\~\\
APR-25-06 11 :21
FROM-RBF CDnsultinl
951-699-1264
T-848 P,OII/OI6 F-262
RBF CONSULTING
IN 15.101474
Leighton Consulting Inc.
April 24. 2006
Page 6 of 10
. Periodic monitoring sequence #1 will cover:
All of the Base setuement plate risers in Zone A & B (3 risers);
All of the FG setuement plate risers in Zones A, S, D & E (19 risers).
. Periodic monitoring sequence #2 through #8 will cover:
All of the Base settlement plate risers in Zone A, B & C (7 risers);
All of the FG settlement plate risers in Zones A, S, C, D & E (25 risers).
. The eight (8) monitoring sequences described above will be conducted on a' weekly
schedllle.
. The measurements will be performed using differential levels and will incorporate sampling
of a minimum of three (3) offsite benchmarks.
This task will be invoIced on a lime and materials basis pursuanllo the rate schedule provided
herewith.
Additional Services; Services which are not speCifically identified herein as services to be
performed by RBF or its consultants are considered "Additional Services" for purposes of this
Agreement. Client may request that RBF perform services which are Additional Services. However,
RBF is not obligated to perform such Additional Services unless an amendment to this Agreement
has been fully executed setting forth the scope, schedule and fee (or such Additional Services. In
the event RBF performs Additional Services before receipt of such executed amendment, Client
acknowledges its obligation to pay for suoh selVices at RBF's standard rates, within 30 days of
receipt of RBF's invoice.
AT\A4\MENT tlAr\l
APR-25-D5 II : 22
FRIlM-RBF Consu I t i na
951-599-1254
T-549 P,DI2/DIB F-262
RBF CONSULTING
IN 15-101474
Leighton Consulting Inc.
April 24, 2006
Page 7 of 10
Exclusions
Consulting services relating to any of the following tasks may be completed by Consultant if
negotiated under a separate contract for an additional fee; but are presently specifically excluded
from this Agreement:
1. Topographic surveys for earth quantities;,
2. "As-constructed" surveys;
3. Grade staking;
4. Certification surveys:
5. Any other services not specifically set forth in the above Scope of Services.
Assumotions
Consultant's obligations hereunder are based upon the following understanding:
1. Client shall make all sLlrvey requests at least 2 full days prior to the dale that the survey
services are required.
2. The Consultant is not responsible for supervision of construction for the project (unless
otherwise provided in a specific contract agreement), and therefore all requests for
surveying services shall be made by Client.
3. Consultant shall clearly deSignate all primary survey control points within the projeclwork
area, and will, upon reasonable request, relocate them for the convenience of
construction. All field and office related work associated with the replacement of any
primary control points destroyed by construction, without prior notification, shall not be
work covered under this contract, and shall be performed as "extra work" and billed on
an hourly basis according to the current rate schedule.
4. That consultant, with the assistance of the Client, will be able to obtain the necessary
information from the previous Consultant, including survey control, digital files, plans and
maps.
Client Responsibilities
1.. Client shall provide access to the site.
2. Client will require any construction contractors to indemnify Consultantfrom any and
all losses, damages, claims, expenses, including attorneys fees, and costs ariSing
out of the contractor's work. excepting only losses, damages, claims, expenses
including attorneys fees, and costs which are caused by the sole negligence orwillful
misconduct of RBF In performing Its services under this agreement. Client will
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APR-25-D6 11 : 22
FROM-RBF Consultln.
951-699-1264
T-949 P,DI3/016 F-262
RBF CONSULTING
IN 15-101474
Leighton Consulting Inc.
April 24, 2006 '
Page 8 of 10
require that the construction contrac1ors add RBF (Consultant) as an additional
insured in the comprehensive generalllaolllty, auto Iiaoillty. workers' compensation
and ouilder risk insurance coverages required by Client,
3. Client is to provide any and all indemnification, abatement, disposal or other actions
required by local, state or federal law regarding hazardous materials.
4. Client shall pay all govemmental fees and costs.
5. Obtain the necessary Information from the previous Consultant, including survey
control, digital flies, plans and maps.
Client Initials
Date
Exhibit A
ITEM NO. 28
RDA DEPARTMENTAL
REPORT
Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
May 23, 2006
SUBJECT:
Redevelopment Departmental Monthly Report
Attached for your information is the monthly report as of May 23, 2006 for the Redevelopment
Department
First Time Homebuvers ProQram
Funding in the amount of $100,000 is available for FY 05 -06,
Residential Improvement Proqrams
The program budget for FY 05-06 is $350,000, with $285,300 funded on 49 units, The amount
available to each participant increased from $5,000 to $7500,
Habitat for Humanitv
Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to
develop a home-ownership project within the Pujol Neighborhood, The project located on the
northwest corner of Pujol and First Streets, will consist of 5 new single-family detached homes, The
houses are arranged along Pujol Street and a private lane, The preliminary grading permit has been
issued,
Dalton Mixed-Use II
On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project The project will consist of 24 units over 5,000 sq, ft of
retail/commercial, The project is located on the north side of Fifth Street, west of Mercedes,
Vertical construction has begun with the installation of vertical steel,
Dalton Mixed-Use III
On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project The project will consist of 22 units over 4,700 sq, ft
of retail/commercial, The project is located on the north side of Fifth Street, west of Mercedes,
Temecula Education Center
The City Council awarded the construction contract and approval of a soil excavation and temporary
entry agreement with the Rancho California Water District for the Temecula Education Center
Rough Grading on April 11 ,2006, The grading process began on May 1, 2006,
Facade Improvement/Non-ConforminQ SiQn ProQram
The following facade improvement/sign projects are in process or have recently been completed:
. The Farmers Wife
Design and install three wood signs
Din-Skin
Design and Install 3 wood sandblasted signs,
D European Cafe
Design and Install Five Wood Sandblasted Signs
D State Farm Insurance
- Design and Install Three Wood Signs,
Old Town Promotions/MarketinQ
Western Davs
Western Days was held in Old Town Temecula on May 20 & 21,2006, The event included dozens
of caricatures entertaining and reliving history with skits and a Civil War Encampment, as well as the
Old Butterfield Stage Coach, Children were able to relive the thrill of the California Gold Rush as
they tried their luck at gold panning, In addition, was great western music with Older Than Dirt and
Jim Brooks and His Ranch Hands on Saturday, Sunday included the electrifying sounds of Nitro
Express, The Temecula Gunfighters gave performances both Saturday and Sunday from 11 :00 to
5:00 p,m, Wood carvers displayed their craft at Butterfield Square, The event also included food
and craft vendors,
Other upcoming events will include the Street Painting Festival, June 24 & 25 and Hot Summer
Nights beginning July 7 through August 12, 2006,
TEMECULA PUBLIC
FINANCING AUTHORITY
ITEM NO. 29
MINUTES OF A REGULAR MEETING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
FEBRUARY 28, 2006
A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:48
P,M" in the City Council Chambers, 43200 Business Park Drive, Temecula,
ROLL CALL
PRESENT:
5
AUTHORITY MEMBERS: Edwards, Naggar, Roberts, Washington,
and Comerchero
ABSENT:
o
AUTHORITY MEMBER: None
Also present were Executive Director Nelson City Attorney Thorson and City Clerk Jones,
PUBLIC COMMENTS
No input
TPFA CONSENT CALENDAR
27 Minutes
RECOMMENDATION:
27,1 Approve the minutes of November 22, 2005,
MOTION: Authority Member Comerchero moved to approve Consent Calendar Item No, 27,1,
Authority Member Washington seconded the motion and electronic vote reflected unanimous
approval,
28 Issuance of Bonds for Temecula Public Financinq Authority Community Facilities District No,
03-02 (Roripauqh Ranch)
RECOMMENDATION:
28,1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 06- 01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX
BONDS OF THE TEMECULA PUBLIC FINANCING AUTHORITY FOR ITS
COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH),
APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT
AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND
ACTIONS
R\M inutes.tpfa\022806
Finance Director Roberts introduced the City's Bond Attorney, ML Paul Thimmig, who provided
the City Council with a staff report (of written material),
At this time, the public hearing was opened and due to no speakers, it was closed,
MOTION: Authority Member Comerchero moved to approve staff recommendation, Authority
Member Washington seconded the motion and electronic vote reflected unanimous approval,
ADJOURNMENT
At 7:55 P,M" the Temecula Public Financing Authority Meeting was formally adjourned,
Ron Roberts, Chairman
ATTEST:
Susan W, Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R\M inutes.tpfa\022806
2
ITEM NO. 30
APPROVAL
CITY ATTORNEY
DIROF FINANCE
CITY MANAGER
JM.r-
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TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Temecula Public Financing Authority
FROM: Shawn Nelson, Executive Director
DATE: May 23,2006
SUBJECT: Refunding of Variable Rate Bonds of the Temecula Public Financing Authority
for Community Facilities District No, 01-2 (Harveston)
RECOMMENDATION: That the Board of Directors:
1, Adopt a resolution entitled:
RESOLUTION NO. TPFA06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
PUBLIC FINANCING AUTHORITY APPROVING A THIRD SUPPLEMENTAL
INDENTURE OF TRUST AND AUTHORIZING AND DIRECTING OTHER
ACTIONS RELATING TO REFUNDING OF OUTSTANDING BONDS FOR
COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON)
BACKGROUND: In August of 2002, the Authority issued $17,310,000 principal amount of
bonds for its Community Facilities District No, 01-2 (Harveston) (the "CFD"), The bonds are
payable from special taxes levied on property located in the CFD, The bonds were issued
under an Indenture of Trust (the "Indenture"), and were initially issued as variable rate bonds,
The Indenture allows for a conversion of the interest payable on all or a portion of the bonds
from a variable rate to a fixed rate or fixed rates,
City Staff, working with the consultants to the Authority, have determined that it is in the best
interests of the Authority and the homeowners in the CFD to refund the outstanding variable
rate bonds with new fixed rate bonds, rather than converting the interest rate on the Bonds
under the Indenture, and have requested that the Board of Directors authorize the engagement
of the consultants necessary to so refund the bonds, All costs of such consultants, and any
other costs related to the refunding, will be paid from amounts in the funds and accounts held
20009.08:J8517
under the Indenture, from advances by the primary property owner in the CFD, Lennar, or from
the proceeds of the refunding bonds,
City Staff is also recommending, on the advice of Bond Counsel, that the Indenture be
amended to allow for a more efficient refunding of the bonds, and Bond Counsel has prepared
a Third Supplemental Indenture of Trust which contains the necessary amendments, The
amendments are technical in nature, and will allow for, among other matters, a reduced time for
notice of redemption of the bonds, a redemption of the bonds on any date, and a defeasance of
the bonds, City Staff now recommends that the Authority approve the Third Supplemental
Indenture of Trust and authorize its execution by the Executive Director of the Authority,
If the Resolution is adopted by the Board of Directors, it is expected that the legal documents
necessary for the refunding would be presented to the Board of Directors for approval in late
June, with the refunding completed in late July,
FISCAL IMPACT: The bonds are not, and the refunding bonds will not be, obligations of the
City of Temecula, or general obligations of the Authority or the CFD, but are and will be,
respectively, limited obligations of the Authority for the CFD secured solely by the special taxes
levied in the CFD and amounts held in certain funds and accounts established under the
documents providing for the terms of the respective bonds, All costs of refunding of the
outstanding variable rate bonds will be paid from amounts in the funds and accounts held under
the Indenture for the bonds, from advances by the primary landowner in the CFD, or from the
proceeds of the refunding bonds, All administrative costs of the CFD and the bond program are
paid from proceeds of the special taxes levied in the CFD, The CFD is only authorized to levy
the special taxes on land included within the boundaries of the CFD,
ATTACHMENTS: Resolution No, TPFA 06-
Third Supplemental Indenture of Trust
-2-
RESOLUTION NO. TPFA 06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY APPROVING A
THIRD SUPPLEMENTAL INDENTURE OF TRUST AND
AUTHORIZING AND DIRECTING OTHER ACTIONS RELATING
TO REFUNDING OF OUTSTANDING BONDS FOR COMMUNITY
FACILITIES DISTRICT NO. 01-2 (HARVESTON)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1, The Temecula Public Financing Authority (the "Authority") has
issued its $17,310,000 Temecula Public Financing Authority Community Facilities District
No, 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002 Series A (the
"Bonds") pursuant to an Indenture of Trust, dated as of August 1, 2002, between U,S,
Bank National Association, as trustee (the "Trustee") and the Authority (the "Original
Indenture"), to provide funds to finance public facilities authorized to be financed by the
Temecula Public Financing Authority Community Facilities District No, 01-2 (Harveston)
(the "District") and to refund certain outstanding indebtedness secured by liens on
property in the District
Section 2, The Original Indenture allows for the interest payable on all or a
portion of the Bonds to be converted from a variable rate to a fixed rate or fixed rates,
and in order to allow for the incurrence of certain overlapping indebtedness and
otherwise in contemplation of such a conversion, the Authority has approved and has
executed a First Supplemental Indenture of Trust, dated as of June 1, 2004, and a
Second Supplemental Indenture of Trust, dated as of November 22, 2005, each
between the Authority and the Trustee, amending and supplementing the Original
Indenture (the "Original Indenture, as so amended and supplemented, being referred to
in this Resolution as the "Indenture"),
Section 3, City of Temecula (the "City") staff, working with consultants to the
Authority, have now determined that it will be more economically advantageous to
refund the outstanding Bonds with the proceeds of refunding bonds (the "Refunding
Bonds") to be issued by the Authority for the District, rather then to convert the interest
payable on the Bonds under the provisions of the Indenture,
Section 4, To facilitate a refunding of the Bonds, Bond Counsel to the Authority
has advised that it is necessary to amend the Indenture, and a Third Supplemental
Indenture of Trust (the "Third Supplement") has been drafted to allow for such
amendment
Section 5, This Board of Directors now desires to approve the Third
Supplement, to engage certain consultants necessary to undertake the issuance of the
Refunding Bonds, and to direct City staff to undertake actions necessary to present to
this Board of Directors for its approval the documents necessary to issue the Refunding
Bonds,
Section 6, The Third Supplement, in the form on file with the Secretary, is
hereby approved, The Executive Director is hereby authorized and directed to execute
and deliver the Third Supplement in such form, together with such changes thereto as
shall be approved by the Executive Director following consultation with Bond Counsel,
the approval of such changes to be conclusively evidenced by the execution of the
Third Supplement by the Executive DirectoL
Section T City Staff, acting for and on behalf of the Authority, are hereby
authorized and directed to take all actions necessary or advisable to present to this
Board of Directors for its review and approval all proceedings necessary to issue the
Refunding Bonds and effect a refunding of the Bonds, The passage of this Resolution,
however, shall in no way obligate this Board of Directors to so refund any of the Bonds,
Section 8, The firm of Stone & Youngberg LLC is hereby designated as
underwriter to the Authority for the Refunding Bonds,
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Section 9, The firm of Psomas, Inc, is hereby designated as Special Tax
Consultant to the Authority in connection with the Refunding Bonds, the firm of
Fieldman Rolapp & Associates is hereby designated as financial advisor to the
Authority in connection with the Refunding Bonds, the firm of McFarlin & Anderson is
hereby designated as disclosure counsel to the Authority in connection with the
Refunding Bonds, Stephen G, White, MAl, is hereby designated as Appraiser in
connection with the Refunding Bonds and the firm of Quint & Thimmig LLP is hereby
designated as Bond Counsel to the Authority in connection with the Refunding Bonds,
The Executive Director is hereby authorized and directed to execute agreements with
said firms for their services in connection with the Refunding Bonds, in form and
substance acceptable to the Executive Director and the City Attorney, The fees and
expenses of such consultants shall be payable solely from amounts in the funds and
accounts held under the Indenture, from advances by the principal property owner in
the District, or from the proceeds of the Refunding Bonds,
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the
Temecula Public Financing Authority at a meeting held on the 23rd day of May, 2006,
Ron Roberts, Chairperson
ATTEST:
Susan W, Jones, MMC
City Clerk/Board Secretary
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W, Jones, MMC, City Clerk/Board Secretary of the Temecula Public
Financing Authority, do hereby certify that the foregoing Resolution No, TPFA 06-_
was duly and regularly adopted by the Board of Directors of the Temecula Public
Financing Authority at a meeting thereof held on the 23rd day of May, 2006, by the
following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
Susan W, Jones, MMC
City Clerk/Board Secretary
20009.08:J8826
5/15/06
-4-
Quint & Thinunig LLP
5/13/06
5/15/06
THIRD SUPPLEMENTAL INDENTURE OF TRUST
between the
TEMECULA PUBLIC FINANCING AUTHORITY
and
U.S. BANK NATIONAL ASSOCIATION, as Trustee
Dated as of May 24, 2006
Relating to:
$17,310,000
Temecula Public Financing Authority
Community Facilities District No. 01-2
(Harveston)
Variable Rate Demand Special Tax Bonds, 2002 Series A
20009,08,)8823
THIRD SUPPLEMENTAL INDENTURE OF TRUST
THIS THIRD SUPPLEMENTAL INDENTURE OF TRUST (the "Third Supplemental
Indenture"), dated for convenience as of May 24, 2006, is by and between the Temecula Public
Financing Authority (the" Authority"), a joint exercise of powers authority duly organized and
existing under the laws of the State of California, for and on behalf of the Temecula Public
Financing Authority Community Facilities District No. 01-2 (Harveston) (the "District"), a
California community facilities district, and US. Bank National Association, as trustee (the
"Trustee"), a national banking association organized under the laws of the United States of
America, and supplements and amends the Indenture of Trust, dated as of August 1, 2002, by
and between the Issuer and the Trustee (the "Original Indenture").
Recitals:
WHEREAS, pursuant to the Original Indenture, the Issuer has issued its Temecula
Public Financing Authority Community Facilities District No. 01-2 (Harveston) Variable Rate
Demand Special Tax Bonds, 2002 Series A (the "Bonds") to finance certain public
improvements and to defease certain bonded indebtedness; and
WHEREAS, Section 9.01(g) of the Original Indenture provides that so long as all of the
Bonds are Variable Rate Bonds (as defined in the Original Indenture), the Issuer and the Trustee
may enter into a supplemental indenture (as such term is defined in the Original Indenture), to
modify, alter, amend or supplement the Original Indenture in any respect, incluchng
amendments which would otherwise require the consent of the owners of the Bonds (the
"Bondholders"), if notice of the proposed supplemental indenture is given to Bondholders (in
the same manner as notices of redemption are given under the Original Indenture) at least
thirty (30) days before the effective date of the proposed supplemental indenture and, on or
before such effective date, the Bondholders have the right to demand purchase of their Bonds
pursuant to the provisions of the Original Indenture; and
WHEREAS, pursuant to the procedure authorized by Section 9.01(g) of the Original
Indenture, the Authority and the Trustee have (i) entered into a First Supplemental Indenture
of Trust, dated as of June 1, 2004 (the "First Supplement"), amenchng the Original Indenture by
adchng thereto a new Section 6.20 allowing for certain overlapping indebtedness as further
described in the First Supplement; and (ii) entered into a Second Supplemental Indenture of
Trust, dated as of November 22, 2005 (the "Second Supplement"), amenchng Section
3.05(c)(ili)(C) of the Original Indenture to accumulate funds to effect a conversion of the interest
payable on the Bonds from a variable rate to fixed rates as set forth in the Second Supplement
(the Original Indenture, as amended and supplemented by the First Supplement and the
Second Supplement, is hereafter referred to as the "Revised Indenture"); and
WHEREAS, the Authority now desires to make additional changes to the Revised
Indenture in contemplation of and to facilitate a refunchng of the Bonds, as provided in this
Third Supplemental Indenture, with such changes to be effective following at least 30 days
notice thereof to the Bondholders.
-1-
Agreement:
NOW, THEREFORE, the parties hereto agree to amend the Revised Indenture as
follows:
Section 1. Amendments. (a) The term "Interest Payment Date" in Section 1.01 of the
Revised Indenture is hereby amended by adding thereto, as a new second sentence thereof, the
following: "In addition to the foregoing, the term "Interest Payment Date" shall include, with
respect to any Variable Rate Bonds called for redemption under the provisions of Section
4.01(b), the redemption date of such Variable Rate Bonds."
(b) Subparagraph (C) of Section 3.05(c)(iii) of the Revised Indenture is hereby amended
by: (i) deleting therefrom the words "if an Authorized Authority Representative notifies the
Trustee in writing that a Conversion is reasonably expected to occur within twelve months
from the date such written notice is provided to the Trustee,"; (ii) by deleting the words
"provision of such written notice or the date which is twelve months after receipt by the
Trustee of such written notice" in clause (iv) thereof, and by inserting therein, in heu thereof,
the words" deposit of funds to the Special Tax Suspense Subaccount pursuant to the preceding
clause (II), or the redemption date of Variable Rate Bonds pursuant to Section 4.01(b) that first
occurs following such deposit,"; and (iii) by deleting subclause (y) of clause (IV) thereof, and by
inserting therein, in heu thereof, the following: "(y) if a redemption date for Variable Rate
Bonds so occurs, the Trustee shall transfer amounts in the Special Tax Suspense Subaccount as
chrected by an Authorized Authority Representative in writing dehvered to the Trustee on or
before the redemption date."
(c) Section 4.01(b) of the Revised Indenture is hereby amended by deleting the words
"any Interest Payment Date" therein, and by inserting therein, in heu thereof, the words "any
date".
(d) The first sentence of Section 4.03 of the Revised Indenture is hereby amended by
adding thereto, between the words "Sections 4.01(a) or (c), not less than five (5) days" and the
words "prior to the redemption date," the following: "prior to the redemption date, or, in the
case of a redemption pursuant to Section 4.01(b), not less than seven (7) days."
(e) Section 4.03 of the Revised Indenture is hereby further amended by adding thereto,
as a new second paragraph thereof, the following:
"Notwithstanding the foregoing, in the case of any redemption of Variable Rate
Bonds under Section 4.01(b), the notice of redemption shall state that the redemption is
conditioned upon receipt by the Trustee of sufficient moneys to redeem the Variable
Rate Bonds called for redemption on the anticipated redemption date, and that the
optional redemption shall not occur if by no later than the scheduled redemption date
sufficient moneys to redeem the Variable Rate Bonds called for redemption have not
been deposited with the Trustee. In the event that the Trustee does not receive sufficient
funds by the scheduled redemption date to so redeem the Variable Rate Bonds to be
redeemed, the Trustee shall send written notice to the owners of the Variable Rate
Bonds called for redemption, to the Securities Depositories and to one or more of the
Information Services to the effect that the redemption did not occur as anticipated, and
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the Variable Rate Bonds for which notice of redemption was given shall remain
Outstanding for all purposes of this Indenture."
(f) Clause (b) of Section 10.01 of the Revised Indenture is hereby amended by deleting
the words "after Conversion, but not before Conversion," therein.
(g) Section 10.04 of the Revised Indenture is hereby amended by adding thereto, as a
new second paragraph thereof, the following:
"Notwithstanding the foregoing, any moneys to be used to defease Variable Rate
Bonds pursuant to the provisions of Section 10.01(b) shall be derived solely from (i) the
proceeds of bonds issued by the Authority for the District the proceeds of which are to
be used, in whole or in part, to redeem the Variable Rate Bonds to be so defeased, or (ii)
the proceeds of a draw on the Letter of Credit, and in the event that one or more
Variable Rate Computation Dates are to occur between the date of deposit of the funds
pursuant to Section 10.01(b) and the date of redemption of the Variable Rate Bonds to be
defeased, the interest rate on such Variable Rate Bonds for each such Variable Rate
Computation Date shall be assumed to be 12% per annum (or such higher rate as may
have been estabhshed under the provisions of the second paragraph of Section 2.02(b) as
the maximum Variable Rate for the Variable Rate Bonds)."
(h) Clause (a) of the ninth paragraph of the form of the Variable Rate Bonds in Exhibit A
to the Revised Indenture is hereby amended by deleting the words "any Interest Payment
Date" therein, and by inserting therein, in heu thereof, the words "any date."
(i) The tenth paragraph of the form of the Variable Rate Bonds in Exhibit A to the
Revised Indenture is hereby amended by adding thereto, immediately prior to the words "in
clause (b) or (c)" therein, the following: "in clause (a) of the preceding paragraph, or".
Section 2. Effectiveness. This Third Supplemental Indenture shall become effective
immediately following the last to occur of the following: (a) execution of this Third
Supplemental Indenture by the Issuer and the Trustee, (b) execution of the consent hereto by
Bank of America N.A., (c) thirty (30) days after notice of this Third Supplemental Indenture is
given to the Bondholders (in the same manner as notices of redemption are given under the
Revised Indenture); and (d) notice of this Third Supplemental Indenture is provided to the
Rating Agency (as defined in the Revised Indenture), all as required by Sections 9.01(g) and
9.06 of the Revised Indenture. The Trustee is hereby instructed to send to the registered owners
of the Bonds notice of this Third Supplemental Indenture in a form provided by Bond Counsel
as soon as practicable, such mailing to be made by the Trustee in the same manner as notices of
redemption are sent under the provisions of the Revised Indenture, and to send to the Rating
Agency a copy of this Third Supplemental Indenture.
Section 3. Execution in Several Counterparts. This Third Supplemental Indenture may
be executed in any number of counterparts and each of such counterparts shall for all purposes
be deemed to be an original and all such counterparts shall together constitute but one and the
same instrument.
-3-
Section 4. Goverillng Law. This Third Supplemental Indenture shall be governed by
and construed in accordance with the laws of the State of California applicable to contracts
made and performed in such State.
Section 5. Incorporation By Reference. The Issuer and the Trustee agree that, from and
after the effective date of this Third Supplemental Indenture, the amendments contained in this
Third Supplemental Indenture shall be incorporated by this reference thereto into the Revised
Indenture, which Revised Indenture as so amended shall serve as the sole operative Indenture
in connection with the Bonds.
Section 6. Ratification and Reaffirmation of Revised Indenture. Except as hereby
expressly amended, the Revised Indenture shall remain in full force and effect; and the Revised
Indenture, as amended hereby, is ratified and confirmed.
Section 7. Interpretation. In the event of any conflict between the provisions of the
Revised Indenture and the provisions of this Third Supplemental Indenture, the provisions of
this Third Supplemental Indenture shall controL Any reference in this Third Supplemental
Indenture to a Section, without further qualification (such as, by way of example, "of this Third
Supplemental Indenture") shall mean the specified section of the Revised Indenture, as
amended and supplemented by this Third Supplemental Indenture.
Section 8. Binding Effect. This Third Supplemental Indenture shall inure to the benefit
of and shall be binding upon the Issuer, the Trustee, the owners of the Bonds and their
respective successors and assigns, from and after the effective date hereof, as established
pursuant to Section 2 above.
-4-
IN WITNESS WHEREOF, the Issuer and the Trustee have caused this Second
Supplemental Indenture to be executed and delivered by duly authorized officers thereof as of
the day and year first written above.
TEMECULA PUBLIC FINANCING
AUTHORITY
By:
Executive Director
U.S. BANK NATIONAL ASSOCIATION, as
Trustee
By:
Authorized Officer
The foregoing Second Supplemental
Indenture of Trust is hereby consented to.
BANK OF AMERICA N.A., as issuer of
Letter of Credit No. 3048839 with respect to
the Bonds
By:
Its:
20009,08,)8823
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PUBLIC HEARING
ITEM NO. 31
Approvals
City Attorney
Director of Finance
City Manager
~
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
May 23, 2006
SUBJECT:
Development Code Amendment - 2006 Clean Up (PA05-0041)
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION: That the City Council:
1, Introduce and read by title only an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE
TEMECULA MUNICIPAL CODE TO REVISE THE PUBLIC
HEARING AND NOTICING REQUIREMENTS, RESTRICT CERTAIN
LAND USES WITHIN THE NICOLAS VALLEY RURAL
PRESERVATION AREA, REVISE MINIMUM SETBACK
REQUIREMENTS IN RESIDENTIAL ZONING DISTRICTS,
REMOVE THE TARGET FLOOR AREA RATIO FOR
HOTEL/MOTEL DEVELOPMENT, UPDATE THE AFFORDABLE
HOUSING DENSITY BONUS REQUIREMENTS, ADD NEW SIGN
STANDARDS FOR EXISTING DEVELOPMENT PROJECTS, AND
TO MAKE OTHER MINOR CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT
CODE (PLANNING APPLICATION PA05-0041)
BACKGROUND: The City Council adopted the Development Code in 1995, Since its
adoption, the City Council has periodically amended the Development Code to improve its clarity
and to make necessary corrections, This amendment also proposes to clarify a number of
provisions within the Code as follows:
Amend public hearing notification requirements with respect to onsite posting
Restrict certain land uses within the Nicolas Valley Rural Preservation Area
Modify minimum setback requirements in the L-2, LM, M and H residential zoning districts to
encourage greater architectural quality
Remove target floor area ratio requirements for hotels/motels
Update requirements for affordable housing projects to conform to State law
Revise the Sign Program requirement to also apply to existing developments
Make other minor clarifications and/or typographical corrections to the Development Code
The Planning Commission reviewed the proposed changes to the Development Code at the April 5,
2006 public hearing, The Planning Commission voted 4:0 in support of staffs' recommendation,
Environmental Determination: Staff reviewed the proposed amendment to Chapter 17 of the
Temecula Municipal Code in compliance with the provisions of the California Environmental Quality
Act (CEQA) and determined that there is no potential for an adverse effect on the environment or
surrounding area, The proposed amendments do not allow additional development to occur or allow
for changes to the physical environment As a result, staff is proposing an exemption from CEQA
pursuant to Section 15061 (b) (3), a general rule of CEQA that allows a jurisdiction to determine that
a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no
possibility that the activity in question may have a significant effect on the environment
FISCAL IMPACT:
None,
ATTACHMENTS:
Proposed City Council Ordinance No, 06- _
Planning Commission Staff Report Dated April 19, 2006
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE THE
PUBLIC HEARING AND NOTICING REQUIREMENTS,
RESTRICT CERTAIN LAND USES WITHIN THE NICOLAS
VALLEY RURAL PRESERVATION AREA, REVISE
MINIMUM SETBACK REQUIREMENTS IN RESIDENTIAL
ZONING DISTRICTS, REMOVE THE TARGET FLOOR
AREA RATIO FOR HOTEL/MOTEL DEVELOPMENT,
UPDATE THE AFFORDABLE HOUSING DENSITY
BONUS REQUIREMENTS, ADD NEW SIGN STANDARDS
FOR EXISTING DEVELOPMENT PROJECTS, AND TO
MAKE OTHER MINOR CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING APPLICATION PA05-
0041)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1, The City Council of the City of Temecula herby amends Subsection
17,03,040,C,1 by revising the number of public hearing signs that are posted on a
property that is the subject of a development proposal to read as follows:
"C, Posting of Property,
1, Standard Notice, The property, which is the subject of the proposed
development, shall be posted with informational signs that are four feet by
four feet in size, and shall include a description of the proposed
development, the date, time, and location of the public hearing, and the
location where further information can be obtained,
For properties less than five acres in size, one sign per improved street
frontage shall be posted on site, For properties greater than five acres in
size, two signs per improved street frontage shall be posted on site, For
properties that are unusually shaped or within a unique location, the
director of planning may determine the location for sign posting or require
additional noticing of the proposed project"
Section 2, The City Council of the City of Temecula herby amends Chapter
17,06 by making the following changes:
A Amend portions of Table 17,06,030 by adding footnote number 7 to
"Secondary dwelling units," adding footnote number 8 adjacent next to the
"C" for the various land uses under the VL Residential District, and by
adding footnotes 7 and 8 to the footnote section at the end of the table to
read as follows:
Table 17.06.030
Residential Districts
Description of Use HR RR VL L-1 L-2 LM M H
Residential
Mobilehome park - - C' C C C C C
Alcoholism or drug abuse recovery or C C C' C C C P P
treatment facility (seven or more)
Secondary dwelling units 7 P P P P P P P P
Emergency shelters C C C' C C C P P
Transitional housing C C C' C C C P P
Non-Residential
Libraries C C C' C C C C C
Museums and art galleries (not for profit) C C C' C C C C C
Recreational Vehicle Storage Yard 3 - C C' C C C C C
Golf courses C C C' C C C C C
Notes:
7. Secondary dwelling units are permitted in accordance with the requirements contained in Section
17.06.050.L.
8. These uses are not permitted within the Nicolas Valley Rural Preservation Area, as identified in
Figure LU-5 of the Land Use Element of the General Plan.
B. Amend portions of Table 17.06.040 by reducing the minimum lot depth for
the M zoning district from 100 feet to 80 feet, deleting the footnote for
variable front yard setbacks, and by revising the footnote section to
encourage architecture forward design and to provide clarification for
variable side yard setbacks to read as follows:
Table 17.06.040
Development Standards - Residential Districts
Residential Development
Standards HR RR VL L-1 L-2 LM M H
LOT AREA
Minimum net lot area (square - - - - - 7,200 7,2002 -
feet)
LOT DIMENSIONS
Minimum lot depth (feet) 150 150 120 I 100 90 80 80 100
SETBACKS
Minimum front yard (feet) 20 Ave.
40 40 25 25 15 3 10 3 10 3
4
Minimum interior side yard (feet) 25 25 10 10 10 Variable Variable Variable
5 5 5
Notes:
1. Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions
of Section 17.10.020.M.
2. Lot sizes below 7,200 square feet can be accommodated with the approval of a planned development
overlay.
3. Garages with entrances facing the street shall be set back no less than 20 feet.
4. In the H residential zoning district, dwelling units with entrances that have direct access to the street, such
that the predominate features of the home fronting the street are the windows and the front door, may have
a minimum setback of 15 feet.
5. In order to allow for more flexible site planning, variable interior side yard setbacks are permitted in the LM ,
M and H zoning districts, as described below:
LM zoni ng district. The combined interior side yard setback for both sides must equal at least 15 feet. One
side shall have at least five feet and the other side shall have at least 10 feet and shall be located on the
same side as the driveway to provide for potential vehicular access to the rear of the property.
M and H zoning district. The combined interior side yard setbacks shall not be less than 10 feet and the
distance between adjacent structures shall not be less than 10 feet. This is intended to permit a zero lot line
arrangement with a zero setback on one side yard and 10 feet on the opposite site yard.
Section 3. The City Council of the City of Temecula herby amends portions of
Table 17.08.040 A and B by adding footnote number two to the end of "Target floor area
ratio" under the column heading Development Standards and to the footnote section to
read, "For hotels/motels, the target floor area ratio does not apply; however one of the
three criteria described in Subsection 17.08.050.A shall apply."
Section 4. The City Council of the City of Temecula herby amends portions of
Subsection 17.1 0.020.M.1.a, and 3.a and b. to read as follows:
"M. Senior Housing/Congregate Care Facilities/Affordable Housing. Senior
housing, congregate care facilities, and affordable housing projects are permitted
in the zoning districts identified below subject to the approval of a development
plan. Affordable senior housing projects shall comply with the affordable housing
provisions contained in Subsection M.3.
1. Senior housing shall comply with all the provisions of the Development
Code unless modified by the following provisions:
a. The maximum densities for senior housing projects are as follows:
i. In the High Density Residential zoning district and the
Community Commercial, Highway Tourism, Service
Commercial and Professional Office zoning districts, the
maximum density shall be thirty (30) units per acre.
ii. In the Medium Density Residential zoning district and the
Neighborhood Commercial zoning district, the maximum
density shall be twenty (20) units per acre.
iii. In the Low Medium Residential zoning district, the maximum
density shall be eight (8) units per acre.
iv. In all approved Specific Plans, the maximum density bonus
shall not exceed 50% of the target density in the planning
area."
"3. Affordable housing and affordable senior housing projects are entitled to
receive various incentives provided the project meets the requirements of
Section 65915 of the California Government Code. Affordable housing
projects are entitled to receive qualifying density incentives from
Subsection 3.a and may also receive qualifying concessions from
Subsection 3.b. The project incentives and concessions are as follows:
a. Density Incentives. Affordable housing projects are entitled to
receive an increase in the allowable density for the following zoning
districts. The maximum densities for affordable housing projects
are as follows:
i. In the High Density Residential and the Professional Office
zoning districts, the maximum density shall be thirty (30)
units per acre.
ii. In the Medium Density Residential zoning district, the
maximum density shall be eighteen (18) units per acre;
however, for affordable senior housing, the maximum
density shall be twenty (20) units per acre.
iii. In the Low Medium Density Residential zoning district, the
maximum density shall be nine (9) units per acre.
iv. In all approved Specific Plans, the maximum density bonus
shall not exceed 50% of the target density in the planning
area.
b.
Development Standard Concessions.
development standard concessions
approval authority for the project.
The following number of
may be granted by the
Percentage of Affordable Housing Number of Concessions
10 Percent Lower Income
5 Percent Very Low Income 1
10 Percent Moderate Income
20 Percent Lower Income
10 Percent Very Low Income 2
20 Percent Moderate Income
30 Percent Lower Income
15 Percent Very Low Income 3
30 Percent Moderate Income
An applicant may select from the following concessions, unless a
finding is made that these concessions would result in specific
adverse health or safety impacts or the physical environment or
real property listed on the California Register of Historical
Resources cannot be mitigated:
i. An increase in the amount of required lot coverag~
ii. A modification to the setback or required yard provisions;
iii. An increase in the maximum allowable building height;
iv. A reduction in the amount of required on-site parking;
v. A reduction in the amount of onsite landscaping, except that
no reduction in on-site recreational amenities may be
approved unless the affordable housing is close and easily
accessible to a public park with recreational amenities;
vi. A reduction in the minimum lot area; or,
vii. Approval of an affordable housing project in the Professional
Office zone with the approval of a conditional use permit."
Section 5. The City Council of the City of Temecula herby amends Subsection
17.28.080.A to read as follows:
"A. Sign Program Required
In addition to the sign permits required by Section 17.28.030, certain types of
signs and developments require a sign program to ensure that all proposed signs
are in harmony with other on-site signs, buildings and surrounding developments.
For existing developments, the purpose of this provision is to bring existing
centers without sign programs into conformance with the Development Code,
while allowing existing legal signage to remain until new signage is proposed.
1. For new developments, and for existing developments that propose to
replace a permanent freestanding or wall mounted sign, or propose a
development plan or major modification to the site, and where any of the
following circumstances exist, a sign program in accordance with this
Section shall also be concurrently filed and considered for approval with
the Development Plan:
a. Whenever five (5) or more temporary and/or permanent signs (not
including signs exempt from permits) are proposed or exist for a
single tenant development occupying an entire parcel;
b. Whenever two (2) or more businesses are proposed or exist in a
multi-tenant development;
c. Whenever wall signs are proposed or exist on buildings with three
(3) stories or more, or on buildings with heights greater than 32
feet; or,
d. Whenever the development contains a historic structure.
Section 6. The City Council of the City of Temecula herby amends Title 17 of
the Temecula Municipal Code, to make the following miscellaneous minor clarifications
and typographical corrections to read as follows:
A. Amend Subsection 17.03.090.E to read as follows:
"Notice of Appeal-Time Limit. A notice of an appeal by any individual, who is
aggrieved by or dissatisfied with a decision on an application made by him or in
his behalf, or with any action, order, requirement, decision or determination, shall
not be acted upon unless filed within fifteen days following the date of action
taken by the approving body."
B. Amend Subsection 17.04.020.B.1.d. to read as follows:
"Christmas tree sale lots, however, a permit shall not be required when such sale
is in conjunction with a business operating from a permanent building on a
developed commercial site, holding a valid business license, provided such
activity shall be only held from November 1 through December 31."
C. Amend Subsection 17.05.010.H by deleting the duplicate part of the first
sentence that reads, "may upon an application being filed within thirty days prior
to the expiration."
D. Amend Subsection 17.05.030.D by adding a second paragraph to read as
follows:
"Construction plans that do not adhere to the exact details of an approved
development plan shall not be administratively approved without filing an
application for a major or minor modification, whichever is applicable. However,
if the director of planning determines that changes to an approved development
plan are insignificant and they are not specifically cited in Subsection
17.05.030.B.2 and 3, then an application for a minor modification may not be
necessary."
E. Amend Subsection 17.06.020.D to read, "Low Medium Density Residential
(LM). The Low medium density residential zoning district is intended to provide
for the development of single-family homes. Typical density for the low medium
density residential development is from three to six dwelling units per net acre,
with a target density of 4.5 dwelling units per acre."
F. Amend portions of Table 17.06.050A by revising the column headings for
front, rear and interior yards, adding "Guest House" to the Accessory Structure
listing, clarifying the setback requirements for garages and gazebos, and by
removing footnote number 3 from the footnote section of the table to read as
follows:
Table 17.06.050A
Accessory Structures Setbacks for
the VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure Front Yard Rear Yard Interior Side Yard 1
20 ft. (entrance faces 5 ft. min. but no less
Garage street) than 15 ft. from 5ft. min.
10 ft. (entrance from side centerline of alley
not facing front yard)
5 ft. if interior side yard
Gazebo/garden structure Not permitted 5 ft. 10ft. if street side yard on
corner lot
Table 17.06.050A
Accessory Structures Setbacks for
the VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure Front Yard Rear Yard Interior Side Yard 1
Not permitted in the actual Refer to the rear yard Refer to the side yard
Detached Second Unit setbacks in Table
front yard. 17.06.040 setbacks in Table 17.06.040
Detached Granny Flat or Not permitted in the actual Refer to the rear yard Refer to the side yard
setbacks in Table
Guest House front yard. 17.06.040 setbacks in Table 17.06.040
Notes:
1. On a corner lot, accessory structures are not permitted unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary structures by at
least six feet.
G. Amend portions of Table 17.08.030 by replacing the reference to Chapter
17.08 with Chapter 17.09 for Adult business, deleting the listings for "Alcohol and
drug treatment (outpatient)" and "Offices, administrative or corporate
headquarters, by adding "administrative corporate headquarters" to the listing for
"Offices", by replacing the listings for "Automobile dealers (new and used) 1" and
"Automobile sales (brokerage)-showroom only (new and use d)-no outdoor
display" and by conditionally permitting Automobile Sales
Retail/Wholesale/Brokerage (indoor display/storage of vehicles only) in the BP
zoning district, by adding the words "and rental" after "Recreational vehicle
sales", by permitting "Senior Citizen Housing" in the Service Commercial zoning
district, and by adding "Sports and Recreational Facility" to the description of use
and conditionally permitting it in all commercial zoning districts to read as
follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
Adult business-subject to Chapter 17.09 of the
Temecula Municipal Code
Automobile Sales (Retail/Wholesale/Brokerage) - - - C - - C
with outdoor display/storage of vehicles 1
Automobile Sales (Retail/Wholesale/Brokerage) - - - C - - C
with outdoor display/storage of vehicles 1
Automobile Sales (Retail/Wholesale/Brokerage) - C C P - C C
with only indoor display/storage of vehicles
Offices, administrative, corporate headquarters P P P P P p,,6 p,,6
and professional services including, but not
limited to, business law, medical, dental,
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
veterinarian, chiropractic, architectural,
engineering, real estate and insurance
Recreational vehicle sales and rentals - - C C - - C
Senior Citizen Housing (also see Congregate P P P P P - -
Care) 4
Sports and Recreational Facility C C C C C C C
H. Amend portions of Table 17.08.040A by adding a development standard
for "Accessory structure- maximum height" to read a follows:
Table 17.08.040A
Development Standards - Commercial/Office/Industrial Districts
For Developments within Planned Shopping Centers or Industrial/Business Parks
Development Standards NC CC HT SC PO BP LI
Accessory structure- 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft.
maximum height
I. Amend portions of Table 17.24.040 by adding "Basketball or volleyball
court" to Recreation Uses to read as follows:
Table 17.24.040
Parking Spaces Required
Description of Use Required Number of Spaces
Recreation Uses
Basketball or volleyball court 8 spaces per court, with other uses calculated
separately
J. Amend Subsection 17.24.040.F.5 by deleting the duplicate part of the
sentence that reads, "(5) Credit."
K. Amend portions of Table 17.24.050 by revising the heading for compact
parking spaces to read, "Existing Compact Size Parking Spaces (new compact
parking spaces are not allowed)."
L. Amend Subsection 17.28.070.A.1.b by replacing the reference to
Subsection "17.06.050.L" with "17.06.050.K."
M. Amend Subsection 17.28.230.B.3 by replacing the reference to
Subsection "(5) a. and b." with Subsection "(4) a. and b."
N. Amend Subsection 17.32.060.C by replacing the word "less" with the word
"more".
O. Amend portions of Section 17.34.010 as follows:
1.
follows:
Revise the last sentence of the introductory paragraph to read as
"The word "shall" is mandatory and not discretionary; the word "may" is
permissive and discretionary."
2. Revise the definition for "Acreage, Net" to read as follows:
""Acreage, Net" net acreage means the gross project or lot area, less that
portion of the site to be used for arterial and collector roads and/or the
floodway portion of a flood plain."
3. Revise the definition for "Density" to read as follows: ""Density"
means the number of residential dwelling units per acre of land."
4. Replace heading for "Drug abuse recovery or treatment facility" with
"Alcoholism and/or drug treatment facility."
5. Revise the definition for "Health care facility" to read as follows:
""Health care facility" means a facility or institution, public or private
principally engaged in providing a wide range of outpatient medical
services, for health maintenance and the treatment of medical and
physical conditions, and may include laboratory and pharmaceutical uses
as secondary or supporting uses."
6. Delete the second sentence in the definition for "Lot Area, Net."
7. Delete the definition for "Office Professional."
P. Amend Subsection 17.40.080.B.3 by adding the word "of' between the
words "co-location" and "a."
Section 7. Severability. The City Council hereby declares that the provisions of
this Ordinance are severable and if for any reason a court of competent jurisdiction shall
hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 8. Environmental Compliance. The City Council hereby finds that this
amendment to the Temecula Municipal Code represents a series of minor changes
mostly regulating the implementation of the zoning procedures and requirements. The
proposed amendments do not allow additional development to occur or allow for
changes to the physical environment. As a result, the adoption of this ordinance is
exempt from further environmental review pursuant to Section 15061 (b)(3) of the
California Environmental Quality Act, a general rule of CEQA that allows a jurisdiction to
determine that a project is exempt from CEQA, if that jurisdiction can determine with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment.
Section 9. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
STAFF REPORT - PLANNING
CITY OF TEMECUlA
PLANNING COMMISSION
TO: Planning Commission
FROM: Dale West, Associate Planner
DATE: April 5, 2006
SUBJECT: Development Code Amendment - 2006 Clean-Up (PA05-0041)
BACKGROUND
The City Council adopted the Development Code in 1995. Since its adoption, the City Council has
periodically amended the Development Code to improve its clarity and to make necessary
corrections. This amendment also proposes to clarify a number of provisions within the Code.
ANALYSIS
The proposed changes to the Development Code include the following:
. Amend public hearing notification requirements;
. Restrict certain land uses within the Nicolas Valley Rural Preservation Area;
. Amend minimum setback requirements in Residential zoning districts;
. Remove target floor area ratio requirements for hotels/motels;
. Update requirements for affordable housing projects to conform to State law;
. Revise the Sign Program standards to also apply to existing developments; and
. Make other minor clarifications and/or typographical corrections to the Development
Code.
Public Hearinq and Notification
The current public hearing posting requirement in Subsection 17.03.040.C calls for a four feet by
four feet sign to be posted at least every 300 feet along the portion of the property that fronts an
improved public street. Staff feels that this requirement is excessive, and the intent of the public
. hearing noticing can be met by amend this section of the Code by differentiating between properties
that are less than five acres in size and properties that are greater than five acres in size. For
properties that are less than five acres in size, one sign per improved street frontage is proposed,
and for properties that are greater than five acres in size, two signs per improved street frontage are
proposed. For properties that front an unimproved or private street, or are unusually shaped, the
Director of Planning will have the discretionary authority to determine an appropriate location or
require additional signage. These proposed changes will result in a more efficient public hearing
posting process.
R:\Development Code\05~0041 Amendment\PC\1Staff Report PC.doc
1
Permitted Uses in the Nicolas Vallev Rural Preservation Area
During the recent update of the General Plan, the Council adopted the Nicolas Valley Rural
Preservation Policy which was put in place to maintain the rural characteristic of the area until such
time that the City has an opportunity to again work with the residents to re-evaluate and develop a
vision for this area.
)
In order to implement this policy and ensure consistency between the General Plan and the
Development Code, staff is proposing to restrict potentially inappropriate land uses from the Nicolas
Valley area by adding a footnote to certain uses under the heading for Very Low Density Residential.
The footnote would restrict such uses as mobile home parks, emergency shelters, transitional
housing, libraries, museums and art galleries, recreational vehicle storage yards, golf courses, and
the larger alcoholism and drug treatment facilities by stating, ''The Land Use Element of the General
Plan identifies the Nicolas Valley area as a Rural Preservation Area in Figure lU-5 and generally
defines it as a place without urban scale development and infrastructure. As a result, these uses
are not permitted within the Nicolas Valley Rural Preservation Area."
The proposed Development Code Amendment would also modify two of the land use descriptions
by removing the word "Public" from the use descriptions. If this amendment is approved, the use
descriptions would read "Libraries" and "Museums and art galleries (not for profit)".
Setback Requirements for Residential Zoninq Districts
Staff proposes to amend Table 17.06.040 by reducing the minimum lot depth in the Medium Density
Residential zoning district from 100 feet to 80 feet, and by reducing the minimum front yard setback
requirements for the Low (L-2), Low Medium and Medium Residential zoning districts by 10 feet.
This proposed change will reduce the visual dominance of the garage doors by encouraging
architecture-forward designs while requiring garage entrances that face the street to be set back to
provide for driveway parking.
Staff also proposes to amend the footnote section of the table in order to reflect the above stated
changes and to better clarify the variable side yard setback requirements.
Floor Area Ratio for Hotels/Motels
The Development Code establishes a target floor area ratio (FAR) and a maximum FARfor each
commercial zoning district within the City. Although the target FAR is the benchmark for
development within the City, an applicant may request an increase in the intensity of a project,
above the target FAR, but not above the maximum FAR, as long as the project provides either
exceptional economic benefit to the City, exceptional architectural and landscape design, or
enhanced public facilities. For hotel developments, the City has historically received project
proposals that exceed the target FAR. This is because hotel development typically requires a higher
FAR in order to be economically feasible. As a result staff is proposing to remove the target FAR for
Hotels/Motels, thus allowing more flexibility for hotel development.
To do this, staff proposes to add a footnote to Tables 17.08.040A and B indicating that target FAR's
do not apply to hotel/motel development. The footnote will indicate that Hotel/motel developments
will be held to the same provisions in Section 17.08.050.A, which require developments exceeding
the target FAR to provide exceptional architectural and landscape design, enhanced public
amenities, or economic benefit to the community.
R:\Development Code\05-0041 Amendment\PC\ 1 Staff Report PC.doc
2
Senior Housino. Affordable Housinq and Density Bonuses
Senate Bill 1818 changed the State's density bonus laws (Government Code 65915 by reducing the
amount of units that a developer must provide in order to receive a density bonus, and by increasing
the number of concessions that a jurisdictions must provide to developers based on the percentage
of affordable units of the project. Senate Bitl1818 also broadened the ability of the developer to
request an incentive or concession for an affordable housing project; however, the incentive is not
required if it results in a specific adverse health or safety impacts or the physical environment or real
property listed on the California Register of Historical Resources cannot be mitigated.
Most of the City's current density bonus incentives and development concessions for affordable
housing are consistent with the new State density bonus laws. Therefore, staff feels that only minor
changes are necessary in order to bring Subsections 17.10.020.M and 17.10.020.M.3.b of the
Development Code in conformance with State law. As a result, staff is proposing to increase the
maximum density for affordable housing projects in the Low Medium Density Residential zoning
district from 8 units per acre to 9 units per acre and to specify that the number of concessions
allowed is based on the percentage of affordable housing that is provided by the project.
Additionally, staff proposes to clarify Subsection 17.1 0.020.M of the Development Code in order to
provide consistency between the Permitted.UseTable for Commercial zoning districts (17.08.030)
and Supplemental Development Standards (17.10.020.M) of the Development Code, and the
Housing Element of the General Plan.
Siqn Proorams for Existinq Development
The current standards for Section 17.28.080.A of the Development Code require certain new
developments to participate in a sign program if they meet the following criteria:
. Whenever five or more temporary/permanent signs are proposed for a single tenant
development occupying an entire parcel;
. Whenever two or more businesses are proposed in a multi-tenant development;
. Whenever wall signs are proposed on buildings with three or more stories or on buildings
with heights greater than 32 feet; or
. Whenever the development contains a historic structure.
This requirement ensures that all proposed signs are consistent with other on-site signs, buildings
and surrounding developments. However, developments that were approved priorto the adoption of
the Sign Ordinance are not held to these same standards because these standards are for all "new"
development. The result of requiring only new development to comply with the provision of the
Code is the continuation of inconsistent signage within older developments.
Therefore, staff proposes to amend this section of the Development Code by requiring existing
shopping centers (that meet the criteria outlined above) to establish an approved sign program,
whenever freestanding or wall mounted signs are proposed for replacement, or a development plan
or major modification is proposed for the site. The intent of this proposed change is to create a
mechanism within the Code that requires an existing shopping center to adopt a sign program as
new signs or major modifications are proposed for the center. These provisions will only affect non-
conforming signs as they are proposed for replacement.
R:\Development Code\05-0041 Amendment\PC\ 1 Staff Report PC.doc
3
Minor Clarifications and Tvpoqraphical Corrections
Staff is also proposing to make minor clarifications and typographical corrections to the
Development Code. These proposed changes include clarifications to the timing of appeals, the
permitting of Christmas tree sales lots, procedures for approval of minor modifications, the
description of office uses and automobile sales, in the Commercial/Office/Industrial permitted use
table, parking standards for compact parking spaces and other uses, and to various definitions. The
proposed clarifications and corrections do not change the intent or meaning of the Code, therefore,
staff has not provided a written description for these proposed changes. The proposed clarifications
and corrections can be found Section 6 of the attached draft Ordinance.
}
ENVIRONMENTAL DETERMINATION
Staff reviewed these proposed changesto the Development Code in context to their environmental
impacts and determined that there is no potential for an adverse effect on the environment or
surrounding area. The proposed amendments do not allow additional development to occur or allow
for changes to the physical environment. As a result, staff is proposing an exemption from CEQA
pursuantto Section 15061 (b) (3), a general rule of CEQA that allows a jurisdiction to determine that
a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending that the City
Council approve an Amendment to Title 17 of the Temecula Municipal Code.
ATTACHMENTS
1. PC Resolution No. 06-_ - Blue Page 5
Exhibit A - Proposed CC Ordinance 06-_
2. Selected Redline/Strikeout Changes to the Development Code - Blue Page 6
R:\Developmen1 Code\05-0041 AmendmentIPC\lStaff Report PC.doc
. 4
ATTACHMENT NO.1
PC RESOLUTION 06-_
R:\Development Code\05-0041 Amendmenl\PC\lS1atf Report PC.doc
5
PC RESOLUTION NO. 06-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCil OF' THE CITY OF
rEMECULA AMENDING PORTIONS OF TITLE 17 OF THE
TEMECUlA MUNICIPAL CODE TO REVISE THE PUBLIC
HEARING AND NOTICING REQUIREMENTS, RESTRICT
CERTAIN lAND USES WITHIN THE NICOLAS VALLEY RURAL
PRESERVATION AREA, REVISE MINIMUM SETBACK
REQUIREMENTS IN RESIDENTIAL ZONING DISTRICTS,
. REMOVE THE TARGET FLOOR AREA RATIO FOR
HOTEUMOTEl DEVELOPMENT, UPDATE THE AFFORDABLE
HOUSING DENSITY BONUS REQUIREMENTS, ADD NEW
SIGN STANDARDS FOR EXISTING DEVELOPMENT
PROJECTS, AND TO MAKE OTHER MINOR CLARIFICATIONS
AND TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING APPLICATION (PA05-
0041 )"
Section 1. On April 12, 2005, the City Council of the City of Temecula adopted a
comprehensive update to the City General Plan and Certified the Final Environmental Impact
Report.
I.
) Section 2. On January 25, 1995, the City Council of the City of Temecula adopted
the City's Development Code.
Section 3. The City has identified a need to amend the adopted Development Code.
Section 4. The Planning Commission considered the proposed amendment on April
5, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and
interested persons had an opportunity to, an did testify either in support or opposition to this
matter.
Section 5. Recommendation of Approval. That the City of Temecula Planning
Commission hereby recommends that the City Council adopt an ordinance amending portions
of Title 17 of the Temecula Municipal Code substantially in the form attached to this resolution
as Exhibit A.
Section 6. Environmental Compliance. The proposed ordinance does not allow
additional development to occur or allow for changes to the physical environment. As a result,
the Planning Commission recommends that the City Council make a determination that the
above described ordinance has no potential for.an adverse effect on the environment pursuant
to Section 15061 (b)(3) of the California Environmental Quality Act, a general rule of CEQA that
allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can
determine with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.
R:IDevelopment Code105-0041 AmendmentIPC\2PC.RESOLUTION Attachment 1.docl
Section 7. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of April 2006.
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 06-_ was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 5th day of April, 2006, by the
following vote of the Commission:
I
!
AYES:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSENT:
ABSTAIN:
Debbie Ubnoske, Secretary
A:IDevelopment CodeIOS-D041 AmendmentlPC\2PC RESOLUTION Attachment l.doc2
EXHIBIT A
PROPOSED CC ORDINANCE NO. 06-_
H:IDevelopmen! Code105-0041 Amendmen11PC\2PC RESOLUTION Attaohment 1.do03
ORDINANCE NO. 06-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
. OF TEMECULA AMENQING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE THE
PUBLIC HEARING AND NOTICING REQUIREMENTS,
RESTRICT CERTAIN LAND USES WITHIN THE NICOLAS
VALLEY RURAL PRESERVATION AREA, REVISE
MINIMUM SETBACK REQUIREMENTS IN RESIDENTIAL
ZONING DISTRICTS, REMOVE THE TARGET FLOOR
AREA RATIO FOR HOTEUMOTEL DEVELOPMENT,
UPDATE THE AFFORDABLE HOUSING DENSITY
BONUS REQUIREMENTS, ADD NEW SIGN STANDARDS
FOR EXISTING DEVELOPMENT PROJECTS, AND TO
MAKE OTHER MINOR CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING APPLICATION PA05-
0041)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula herby amends Subsection
H.03.040.C.1 by revising the number of public hearing signs that are posted on a
property that is the subject of a development proposal to read as follows:
"C. Posting of Property.
1. Standard Notice. The property, which is the subject of the proposed
development, shall be posted with informational signs that are four feet by
four feet in size, and shall include a description of the proposed
development, the date, tirne, and location of the public hearing, and the
location where further information can be obtained.
For properties less than five' acres in size, one sign per improved street
frontage shall be posted on site. For properties greater than five acres in
size, two signs per improved street frontage shall be posted on site. For
properties that are unusually shaped or within a unique location, the
director of planning rnay determine the location for sign posting or require
additional noticing of the proposed project."
Section 2. The City Council of the City of Ternecula herby amends Chapter
17.06 by making the following changes:
A. Amend portions of Table 17.06.030 by adding footnote number 7 to
"Secondary dwelling units," adding footnote number 8 adjacent next to the "c" for the
R:\Oevelopment Code\05~0041 Amendment\PC\30rdinance Exhibit A Rev.doc
various land uses under the VL Residential District, and by adding footnotes 7 and 8 to the
footnote section at the end of the table to read as follows:
)
Residential
Mobilehome park C. C C C C C
Alcoholism or drug abuse recovery or C C C. C C C P P
treatment facility (seven or more)
Secondary dwelling units 7 P P P P P P P P
Emergency shelters C C C. C C C P P
Transitional housing C C C. C C C P P
Non-Residential
LIbraries C C C' C C C C C
Museums and art galleries (not for profit) C C C' C C C C C
Recreational Vehicle Storage Yard 3 C C' C C C C C
Golf courses C C C. C C C C C
Notes:
7. Secondary dwelling units are permitted in accordance with the requirements contained in Section
17.06.050.L. )
8. These uses are not permitted within the Nicolas Valley Rural Preservation Area, as identified in
Figure LU-5 of the Land Use Element of the General Plan.
B. Arnend portions of Table 17.06.040 by reducing the minimum lot depth for
the M zoning district from 100 feet to 80 feet, deleting the footnote for variable front yard
setbacks, and by revising the footnote section to encourage architecture forward design
and to provide clarification for variable side yard setbacks to read as follows:
LOT AREA
'Minimum net lot area (square
feet)
7,200
7,200 2
LOT DIMENSIONS
Minimum lot depth (feet)
100
SETBACKS
R:\Development Code\OS.0041 Amendment\Pc\30rdinance Exhibit A Rev.doc
Minimum front yard {feet} 20 Ave.
40 40 25 25 . 15 3 10 3 10 3
4
Minimum interior side yard (feet) 25 25 10 10 10 Variable Variabie Variable
5 5 5
Notes:
1. Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions
of Section 17.10.020.M.
2. Lot sizes below 7,200 square feet can be accommodated with the approval of a planned development
overlay.
3. Garages with entrances facing the street shall be set back no less than 20 feet.
4. In the H residential zoning district, dwelling units with entrances that have direct access to the street, such
that the predominate features of the home fronting the street are the windows and the front door, may have
a minimum setback of 15 feet.
5. In order to allow for more flexible site planning, variable interior side yard setbacks are permitted in the LM ,
M and H zoning districts, as described below:
LM zoning .district: The combined interior side yard setback for both sides must equal at !east 15 feet. One
side shall have at least five feet and the other side shall have at least 10 feet and shall be located on the
same sid," as the driveway to provide for potential vehicular access to the rear of the property.
M and H zoning district: The combined interior side yard setbacks shall not be less than 10 feet and the
distance between adjacent structures shall not be less than 10 feet. This is intended to permit a zero iot line
arrangement with a zero setback on one side yard and 10 feet on the opposite site yard.
I
Section 3. The City Council of the City of Temecula herby amends portions of
Table 17.08.040 A and B by adding footnote number two to the end of "Target floor area
ratio" under the colurnn heading Development Standards and to the footnote section to
read, "For hotels/motels, the target floor area ratio does not apply; however one of the
three criteria described in Subsection 17.08.050.A shall apply."
Section 4. The City Council of the City of Temecula herby amends portions of
Subsection 17.1 O.020.M.1.a, and 3.a and b. to read as follows:
"M. Senior Housing/Congregate Care Facilities/Affordable Housing. Senior housing,
congregate care facilities, and affordable housing projects are permitted in the
zoning districts identified below subject to the approval of a development plan.
Affordable senior housing projects shall cornply with the affordable housing
provisions contained in Subsection M.3.
1. Senior housing shall cornply with all the provisions of the Development
Code unless modified by the following provisions:
R:\Development Code\05-0041 Amendment\PC\30rdinance Exhibit A Rev.doc
a. The maximum densities for senior housing projects are as follows:
i. In the High Density Residential zoning district and the
Comrnunity Commercial, Highway Tourism, Service
Commercial and Professional Office zoning districts, the
maxirnum density shall be thirty (30) units per acre.
ii. In the Medium Density Residential zoning district and the
Neighborhood Commercial zoning district, the rnaximum
density shall be twenty (20) units per acre.
ili. In the Low Medium Residential zoning district, the rnaximum
density shall be eight (8) units per acre.
iv. In all approved Specific Plans, the maximum density bonus
shall not exceed 50% of the target density in the planning
area."
"3. Affordable housing and affordable senior housing projects are entitled to
receive various incentives provided the project meets the requirements of
Section 65915 of the California Government Code. Affordable housing
projects are entitled to receive qualifying density incentives from
Subsection 3.a and may also receive qualifying concessions from
Subsection 3.b. The project incentives and concessions are as follows:
a. Density Incentives. Affordable housing projects are entitled to
receive an increase in the allowable density for the following zoning
districts. The maximum densities for affordable housing projects
are as follows:
i. In the High Density Residential and the Professional Office
zoning districts, the rnaximum density shall be thirty (30)
units per acre.
ii. In the Medium Density. Residential zoning district, the
maximum density shall be eighteen (18) units per acre;
however, for affordable senior housing, the maximum
density shall be twenty (20) units per acre. .
iii. In the Low Medium Density Residential zoning district, the
rnaximum density shall be nine (9) units per acre.
Iv. In all approved Specific Plans, the maxirnum density bonus
shall not exceed 50% of the target density in the planning
area.
R:\Development Code\05-0041 Amendment\PC\30rdinance Exhibit A Rev.doc
b.
Development Standard Concessions.
development standard concessions
approval authority for the project.
The following number of
may be granted by the
Percentage of Affordable Housing Number of Concessions
10 Percent Lower Income
5 Percent Very Low Income 1
10 Percent Moderate Income
20 Percent Lower Income
10 Percent Very Low Income 2
20 Percent Moderate Income .
30 Percent Lower Income
15 Percent Very Low Income 3
30 Percent Moderate Income
An applicant may select from the following concessions, unless a
finding is made that these concessions would result in specific
adverse health or safety irnpacts or the physical environment or
real property listed on the California Register of Historical
Resources cannot be mitigated:
i. An increase in the arnount of required lot coverage;
ii. A modification to the setback or required yard provisions;
iii. An increase in the maximurn allowable building height;
iv. A reduction in the amount of required on-site parking;
v. A reduction in the amount of onsite landscaping, except that
no reduction in on-site recreational amenities may be
approved unless the affordable housing is close and easily
accessible to a public park with recreational amenities;
vi. A reduction in the minimum lot area; or,
vii. Approval of an affordable housing project in the Professional
Office zone with the approval of a conditional use permit."
Section 5. The City Council of the City of Temecula herby amends Subsection
17.28.080.A to read as follows:
"A. Sign Program Required
In addition to the sign permits required by Section 17.28.030, certain types
of signs and developments require a sign program to ensure that all
proposed signs are in harmony with other on-site signs, buildings and
surrounding developments.
R:\Development Code\05~0041 Amendment\PC\30rdinance Exhibit A Rev.doG
For existing developments, the purpose of this provIsion is to bring
existing centers without sign programs into conformance with the }
Developrnent Code, while allowing existing legal signage to remain until
new signage is proposed.
1. For new developments, and for existing developments that propose
to replace a permanent freestanding or wall rnounted sign, or
propose a development plan or major rnodification to the site, and
where any of the following circumstances exist, a sign program in
accordance with this Section shall also be concurrently filed and
considered for approval with the Development Plan:
a. Whenever five or more temporary and/or permanent signs
(not including signs exempt from permits) are proposed or
exist for a single tenant development occupying an entire
parcel;
b. Whenever two or more businesses are proposed or exist in a
multi-tenant development;
c. Whenever wall signs are proposed or exist on buildings with
three stories or more, or on buildings with heights greater
than 32 feet; or,
d. Whenever the developrnent contains a historic structure.
Section 6. The City Council of the City of Ternecula herby amends Title 17 of )
the Temecula Municipal Code, to make the following rniscellaneous rninor clarifications
and typographical corrections to read as follows:
A. Amend Subsection 17.03.090.E to read as follows:
"Notice of Appeal-Time Limit. A notice of an appeal by any individual, who
is aggrieved by or dissatisfied with a decision on an application made by
him or in his behalf, or with any action, order, requirement, decision or
determination, shall not be acted upon unless filed within fifteen days
following the date of action taken by the approving body."
B. Amend Subsection 17.04.020.B.1.d. to read as follows:
"Christmas tree sale lots, however, a permit shall not be required when
such sale is in conjunction with a business operating from a permanent
building on a developed commercial site, holding a valid business license,
provided such activity shall be only held from November'1 through
December 31."
C. Amend Subsection 17.05.010.H by deleting the duplicate part of the first
sentence that reads, "may upon an application being filed within thirty days prior to the
expiration."
R:\Development Code\OS.0041 Amendment\PC\30rdinance Exhibit A Rev.doc
o.
follows:
Amend Subsection 17.05.030.0 by adding a second paragraph to read as
"Construction plans that do not adhere to the exact details of an approved
development plan shall not be administratively approved without filing an
application for a major or minor rnodification, whichever is applicable.
However, if the director of planning determines that changes to an
approved developrnent plan are insignificant and they are not specifically
cited in Subsection 17.05.030.B.2 and 3, then an application for a minor
modification may not be necessary."
E. Amend Subsection 17.06.020.0 to read, "Low Medium Density Residential
(LM). The Low medium density residential zoning district is intended to provide for the
development of single-family homes. Typical density for the low rnediurn density
residential development is from three to six dwelling units per net acre, with a target
density of 4.5 dwetlingunits per acre."
F. Amend portions of Table 17.06.050A by revising the column headings for
front, rear and interior yards, adding "Guest House" to the Accessory Structure listing,
clarifying the setback requirernents for garages and gazebos, and by removing footnote
number 3 from the footnote section of the table to read as follows:
20 ft. (entrance faces 5 ft. min. but no less
Garage street) than 15 ft. from 5ft.min.
10 ft. (entrance from side centerline of alley
not facing front yard)
5 ft. if interior side yard
Gazebo/garden structure Not permitted 5ft. 10 It. if street side yard on
corner lot
Not permitted in the actuai Refer to the rear yard Refer to the side yard
Detached Second Unit setbacks in Table
front yard. 17.06.040 setbacks in Table 17.06.040
Detached Granny Flat or Not permitted in the actual Refer to the rear yard Refer to the side yard
setbacks in Table
Guest House front yard. 17.06.040 setbacks in Table 17.06.040
Notes:
1.
2.
On a corner lot, accessory structures are not permitted unless otherwise noted above.
Accessory structures with walls must be separated from other accessory and primary structures by at
least six feet.
G. Amend portions of Table 17.08.030 by replacing the reference to Chapter
17.08 with Chapter 17.09 for Adult business, deleting the listings for "Alcohol and drug
treatrnent (outpatient)" and "Offices, administrative or corporate headquarters, by
R:\Development Code\OS-0041 Amendment\PC\30rdinance Exhibit A Rev.doc
adding "administrative corporate headquarters" to the listin~ for "Offices", by replacing
the listings for "Automobile dealers (new and used) " and "Automobile sales )
(brokerage)cshowroom only (new and used)-no outdoor display" and by conditionally
permitting Automobile Sales - Retail/Wholesale/Brokerage (indoor display/storage of
vehicles only) in the BP zoning district, by adding the words "and rental" after
"Recreational vehicle sales", by permitting "Senior Citizen Housing" in the Service
Commercial zoning distrjct, and by adding "Sports and Recreational Facility" to the
description of use and conditionally permitting it in all commercial zoning districts to
read as follows:
Adult business-subject to Chapter 17.09 of the
Temecula Municipal Code
Automobile Sales (Retail/Wholesale/Brokerage)
with outdoor display/storage of vehicles 1
Automobile Sales (Retail/Wholesale/Brokerage)
with outdoor display/storage of vehicles 1
Automobile Sales (Retail/Wholesale/Brokerage)
with only indoor display/storage of vehicles
Offices, administrative, corporate headquarters
and professional services including, but not
limited to, business law, medical, dental,
veterinarian, chiropractic, architectural,
engineering, real estate and insurance
Recreational vehicle sales and rentals
C
C
C
C
C
C
p
C
C
p
p
p
p
p
p"S
p5,S
Senior Citizen Housing (also see Congregate P
Care) 4
Sports and Recreational Facility C C C C C C C
H, Arnend portions of Table 17.08.040A by adding a developrnent standard
for "Accessory structure- maximum height" to read a follows:
P
C
P
C
p
C
P
Accessory structure-
maximum height
12 ft.
12ft.
12 ft.
12ft.
12 ft.
12 ft.
12ft.
R:\Development Code\05~0041 Amendment\PC\30rdinance Exhibit A Rev.doc
I. Amend portions of Table 17.24.040 by adding "Basketball or volleyball
court" to Recreation Uses to read as follows: .
Recreation Uses
Basketball or volleyball court
8 spaces per court, with other uses calculated
separately
J. Arnend Subsection 17.24.040.F.5 by deleting the duplicate part of the
sentence that reads, "(5) Credit."
K. Amend portions of Table 17.24.050 by revising the heading for compact
parking spaces to read, "Existing Compact Size Parking Spaces (new compact parking
spaces are not allowed)."
L. Arnend Subsection 17.28.070.A.1.b by replacing the reference to
Subsection "17.06.050.L" with "17.06.050.K." .
M. Amend Subsection 17.28.230.8.3 by replacing the reference to
Subsection "(5) a. and b." with Subsection "(4) a. and b."
)
N.
"more".
Amend Subsection 17.32.060.C by replacing the word "less" with the word
o. Arnend portions of Section 17.34.010 as follows:
1. Revise the last sentence of the introductory paragraph to read as
follows:
''The word "shall" is mandatory and not discretionary; the word
"may" is permissive and discretionary."
. 2. Revise the definition for "Acreage, Nef' to read as follows:
""Acreage, Net" net acreage means the gross project or lot area,
less that portion of the site to be used for arterial and collector
roads and/or the f100dway portion of a flood plain."
3. Revise the definition for "Density" to read as follows: ''''Density''
means the number of residential dwelling units per acre of land."
4. Replace heading for "Drug abuse recovery or treatrnent facility" with
"Alcoholism and/or drug treatment facility."
R:\Development Code\05.Q041 Amendment\PC\30rdinance Exhibit A Rev.doc
5.
Revise the definition for "Health care facility" to read as follows:
)
""Health care facility" means a facility or institution, public or private
principally engaged in providing a wide range of outpatient medical
services, for health maintenance and the treatment of medical and
physical conditions, and may include laboratory and pharmaceutical
uses as secondary or supporting uses."
6. Delete the second sentence in the definition for "Lot Area, Net."
7. Delete the definition for "Office Professional."
P. Amend Subsection 17.40.080.8.3 by adding the word "of" between the
words "co-location" and "a."
Section 7. Severabilitv. The City Council hereby declares that the provisions of
this Ordinance are severable and if for any reason a court of cornpetent jurisdiction shall
hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the rernaining parts of this Ordinance.
Section 8. Environmental Compliance. The City Council hereby finds that this
amendment to the Temecula Municipal Code represents a series of minor changes
mostly regulating the irnplementation of the zoning procedures and requirements. The
proposed amendments do not allow additional development to occur or allow for
changes to the physical environment. As a result, the adoption of this ordinance is
exempt frorn further environmental review pursuant to Section 15061 (b)(3) of the
California Environmental Quality Act, a general rule of CEQA that allows a jurisdiction to
determine that a project is exempt from CEQA, if that jurisdiction can deterrnine with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment.
Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 10. Effective Date. This Ordinance shall be in full force and effect 30
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and
cause copies of this Ordinance to be posted in three designated posting places.
R:\Development Code\05-0041 Amendment\PC\30rdinance Exhibit A Rev.doc
Section 11. This Ordinance shall be in full force and effect 30 days after its
passage; and within 15 days after its passage, together with the names of the City
Council rnernbers voting thereon, it shall be published in a newspaper published and
circulated in said City.
PASSED, APPROVED AND ADOPTED this _ day of _,2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
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 Ordinance No. 06-_ was duly introduced and placed upon its first
reading at a regular meeting of the City Council on the _th day of , 2006 and
that thereafter, said Ordinance was duly adopted and passed at a regular rneeting of the
City Council on the . th day of , 2006, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:\Development Code\05-Q041 Amendment\PC\30rdinance Exhibit A Rev.doc
ATTACHMENT NO.2
SELECTED REDLlNE/STRIKEOUT CHANGES TO THE DEVELOPMENT CODE
R:\Development Code\05-0Q41 Amendment\PC\ 1 Staff Report PC.doc
6
Proposed Text looks Like This
Proposod Dolotod T ox! Lool(s Liko This
Subsection 17.03.040.C.1
c. Posting of Property.
1. . Standard Notice. The property, which is the subject of the proposed development,
shall be posted with afI informational signs that are four feet by four feet in size,
.Iocatod along oach side of tho proporty not mem than throe hundmd foot apart,
that fronts upon an improved public stroet, and pro'tiding and shall include a
description of the prOPOsed development roquost, the date, time, and location of
the public hearing, and the location where further information can be obtained.
For properties less than five acres in size. one sic," per improved street
frontaqe shall be posted on site. For properties qreater than five acres in
size. two siqns per improved street frontaqe shall be posted on site. For
proposed proiects that are on unimproved or private streets. or on
properties that are unusuallv shaped or within a unique location. the director
of planninq may determine the appropriate location for sian postina or
require additional noticinQ of the proposed proiect.
Table 17.06.030
Residential
/) Mobilehome park c~ C C C C C
Alcoholism or drug abuse recovery or C C C~ C C C P P
treatment facility (seven or more)
Secondary dwelling units Z P P P P P P P P
Emergency shelters C C C~ C C C p P
Transitional housing C C c~ c c c p p
Non-Residential
PuSlJG Libraries C C c~ c c c c C
J4JGIiG- Museums and art galleries (not for C C c~ c c c c C
profit)
Recreational Vehicle Storage Yard 3 C c~ C c C c. C
Golf courses C C C~ C C C C C
Home occupations P P P P P P P P
Notes:
7. Secondary dwellinQ units are permitted in accordance with the requirements contained in
Section 17.06.050.L.
8. These uses are not permitted within the Nicolas Valley Rural Preservation Area, as identified
in FiQure LU-5 of the Land Use Element of the General Plan.
R:\Oevelopment Code\05~0041 Amendment\PC\4strikeout version-Draft Ordinance Attachment 2.doc
2
Proposed Text looks like This
Proposed Doleted Text Lool~s Like This
Table 17.06.040
)
LOT AREA
Minimum net lot area (square
feet)
7,200 7,200-4-g
LOT DIMENSIONS
Minimum lot depth (feet)
100
SETBACKS
Minimum front yard (feet)
40
40
25
25
2l> 2Q 2Q 20 Ave. -"
~-" ~-" -Avfl.. -" !
~ ~ 10 3
Vari- Variable Variable "
10 able" 3-2 2
2
Minimum interior side yard (feet)
25
25
10
10
Notes:
1, Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions
of Section 17.10.020.M.
a. Variable front yard setbacks: In Emler te allew for a more iFlterostinll viSllal image and mere fleldele site
plaRFliFl!l, variablo setbacks may so permitted in tho l2, lM, M aFld H districts. Front yard setsacks shall hav( )
an avom.lle ef at least !I-,'enty feol. Gam.lles with eFltrancos FlOt fasiRll tRe froFlt yarD ama may se setback i;,
miFlimllm of ton fool. OtRor portions of a strllstllr-e may have a froFlt yard seteasl{ ef a miFlimllm ef teFl feet;
he'Never, tRe a'/orago sotsasl{ Of !I':eFltj' feot shall ee maintaiFlod.
&, Variable side yard setbacks: In tho lM zeFlinll district, tRo semeined side yard sotbacl~ fer sotR sides must
el:jllal at least fifteen feet witR ene side havin!l at least teFl feet to provido potential vohiclllar acsoss te the'
rear ef tRe property and sRallse lecatod on the same side as tRe drivev:ay. In the M and H zeninll districts,
'/ariasle side yard sotsacks may se permitted provided the sum of tho sido yard setsacks is net less tRan ten
feet aFld the distaFloe setweon adjaooFlt strllstllros is net loss than ten foel. This permits a zere let IiFle
arrangomoFlt with a zero sotback on OFle side yard aFld ton foot oFlthe eppesite site yard.
4" 2. Lot sizes below 7,200 square feet can be accommodated with the approval of a planned development
overlay.
3. Garaqes with entrances facinq the street shall be set back not Jess than 20 feet.
4. In the H residential zoninq district. dwellinq units with entrances that have direct access to the street.
such that the predominate features of the home frontinq the street are the windows and the front
door. may have a minimum setback of 15 feet.
5. In order to allow for more flexible site planninq. variable interior side yard setbacks are permitted in
the LM , M and H zoninq districts. as described below:
LM zoninq district: The combined interior side yard setback for both sides must equal at least 15
feel. One side shall have at least five feet and the other side shall have at least 10 feet and shall be
located on the same side as the driveway to provide for potential vehicular access to the rear of the
property.
M and H zoninq district: The combined interior side yard setbacks shall not be less than 10 feet and
the distance between adjacent structures shall not be less than 10 feet. This is intended to permit a
zero lot line arranqement with a zero setback on one side yard and 10 feet on the opposite site 'lard,
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Proposed Text Looks Like This
Proposed Deleted Text Looks Like This
Table 17.08.040A and Table 17.08.040B
Target floor area ratio-
Maximum floor area ratio
with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0
Section 17.08.050
2. For hotels/motels. the tarQet floor area ratio does not applv; however one. of the three
criteria described in Subsection 17.08.050.A shall applv.
Subsection 17.10.020.M.3.a
3. Affordable housing and affordable senior housing projects are entitled to receive various
incentives provided the project meets the requirements of Section 65915 of the California
Government Code. Affordable housing projects wiU are entitled to receive at least eRe
aualifyina'density incentive.l!1 from Subsection 3.a and may also receive at least one
aualifyina concession.l!1 from Subsection 3.b. The project incentives and concessions are
as follows:
a. Density Incentives. Affordable housing projects are entitled to receive an increase
in the allowable density of at least 25~<' oyor tho target in each residential for the
followinCl zoning districts. The maximum densities for affordable housing projects
are as follows:
I
)
i.
In the M HiClh Density Residential and the Professional Office zoninCl
. districts. the maximum density shall be thirty (30) units per acre.
ii. In the M Medium Densitv Residential zoning district, the maximum density
shall be eighteen (18) units per acre: however. for affordable senior
housinCl. the maximum density shall be twentv (20) units per acre.
iii. In the bAA low Medium Density Residential zoning district, the maximum
density shall be eight (8) nine (9) units per acre.
b. Development Standard. Concessions. .^.ny of The following number of
development standard concessions may be granted by the approval authority for
the project.
PercentaCle .of Affordable HousinCl Number of Concessions
10 Percent Lower Income
5 Percent Very low Income 1
10 PercentModeratelncome
20 Percent Lower Income
10 Percent Very low Income 2
20 Percent Moderate Income
30 Percent Lower Income
15 Percent Very low Income ~
30 Percent Moderate Income
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. Proposed Text looks like This
Proposed Deletes Text Looks Like This
An applicant may select from thefollowinq concessions, unless a finding is
made that these concessions arc not neGeElsary to pro'lido the afferdable houEling
units being propoEled: would result in specific adverse health or safety
impacts or the physical environment or real property listed on the California
Reqister of Historical Resources cannot be mitiqated:
v. A reduction in the amount of onsite landscaping, except that no reduction in
on-site recreational amenities may fISt be approved unless the affordable
housing is ifl-.a close and easily accessible proximity to a public park with
recreational amenities;
Subsection 17.28.080.A
Sign Program Required
In addition to the sign permits required by Section 17.28.030, certain types of siems and
developments require a sign program to ensure that all proposed signs are in harmony
with other on-site signs, buildings and surrounding developments. Other provisionEl of thiEl
Chapter require a Elign pr-ogram for certain typeEl of signEl.
For existina developments, the purpose of this provision is to brina existinq
centers without sian proarams into conformance with the Development Code, while
allowina existina leaal sianaae to remain until new sianaae is proposed.
1., In addition, In For new developments and existinq developments that propose
to replace a permanent freestandina or wall mounted siqn, or propose a
development plan or major modification to the site, and where any of the
following circumstances exist, a sign program in accordance with this Section shall
"also be concurrently filed and considered for approval with the Development Plan:
-h ~ Whenever five (5) or more temporary and/or permanent signs (not
including signs exempt from permits) are proposed or exist for a single
tenant development occupying an entire parcel;
a. b. Whenever two (2) or more businesses are proposed or exist in a multi-
tenant development;
3., c. Whenever wall signs are proposed or exist on buildings with three (3)
stories or more, or on buildings with heights greater than 32 feet; or,
4-, d. Whenever the development.contains a historic structure.
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ITEM NO. 32
Approvals
City Attorney
Director of Finance
City Manager
V
11/2
tf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
May 23, 2006
SUBJECT:
Amendment to the Old Town Specific Plan (PA04-0596)
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION:
That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AN AMENDMENT TO THE OLD TOWN
SPECIFIC PLAN (PA04-0596)
BACKGROUND: The City Council first approved the Old Town Specific Plan (OTSP) in
1994 and since that time it has been periodically amended to respond to the changing environment
within Old Town. The proposed changes will enable a more appropriate style of development and
result in an improvement to the revitalization of Old Town.
The proposed changes are summarized as follows:
Allow "for profit" museums within the Medium Density and High Density Residential Planning
Areas
Delete the Conditional Use Permit requirement for mixed use projects, and allow the
determination for individual uses within a mixed use project to be based on the use matrix
Require new residential uses within mixed use projects to provide on-site parking for each
residential unit, or to provide an in-lieu parking fee
Provide flexibility in how private open space is provided for mixed use projects
Expand the historic preservation requirements of the Old Town Specific Plan to four
designated historic sites outside of Old Town Temecula, and clarify the requirements for
making a finding of historic appropriateness
Incorporate design standards for the remaining alleys in Old Town and
Make a number of minor clarifications to the sign provisions, design guidelines and the
permitted use matrix
The proposed changes to the Specific Plan were reviewed by the Old Town Local Review Board
(OTLRB) on March 13, 2006. The OTLRB recommendations included adding the in-lieu parking fee
calculation within the Specific Plan, adding the Mercedes Pujol Schoolhouse to the list of historic
structures outside of Old Town Temecula, allowing painted building signs, and allowing signage
along Murrieta Creek. Staff incorporated the signage recommendations into the proposed changes
to the Specific Plan and forwarded the in-lieu parking fee and Mercedes Pujol Schoolhouse
recommendation to the Planning Commission. Following this meeting the City Attorney advised staff
that making reference to the proposed in-lieu parking fee in the Specific Plan is appropriate;
however, staff was reminded that the fee is subject to Government Code 66000, et. seq., which
requires the preparation of a report documenting the need for the fee and the adoption of the fee
through a separate resolution and ordinance by the City Council. The City Attorney also suggested
that for future changes to the Temecula Local Historic Register, staff incorporate criteria similar to
that which is used in the CEQA for assessing the historical significance of a structure, and a process
for adding and deleting structures from the Local Historic Register.
The Planning Commission reviewed the proposed changes to the Old Town Specific Plan at their
April 19, 2006 public hearing. Staff brought forward recommendations made by the OTLRB and the
City Attorney. The Planning Commission supported the addition of the Mercedes Pujol Schoolhouse
to the Temecula Local Historical Registry and supported adding criteria and a process for making
future changes to the Temecula Local Historic Registry. The Planning Commission voted 5:0 in
support of the recommendations with a modification to the proposed in-lieu parking fee. The
Commission recommended expanding the in-lieu parking fee requirement to all commercial
development within Old Town Temecula.
Environmental Determination
The proposed amendment to the Old Town Specific Plan was evaluated in compliance with the
provisions of the California Environmental Quality Act (CEQA). An Initial Environment Study (IES)
was prepared to assess the potential impacts associated with the proposed changes to the Old
Town Specific Plan and the expanding of the historic preservation provisions. The IES identified no
potentially significant impacts from this proposed amendment. The I ES and the Notice of I ntent to
Adopt a Negative Declaration were circulated for public review between March 30, 2006 and April
19,2006. No significant comments were received. As a result, staff recommends that the City
Council adopt a Negative Declaration for this amendment to the Old Town Specific Plan.
FISCAL IMPACT: The proposal to require mixed use and commercial development
within Old Town Temecula to participate in an in-lieu parking fee could have a positive fiscal impact
on the City by offsetting the cost of new parking spaces incurred by the City for building the
proposed parking structure and surface parking lots; however, until such time that an appropriate in-
lieu parking fee analysis is conducted to determine the appropriate fee amount; staff is unable to
determine the anticipated fiscal impact.
ATTACHMENTS:
Proposed City Council Ordinance No. 06- _
Planning Commission Staff Report Dated April 19, 2006
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AN AMENDMENT TO THE
OLD TOWN SPECIFIC PLAN (PA04-0596)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Approval. The City Council for the City of Temecula hereby
amends the Old Town Specific Plan as described in Exhibit A of this Ordinance.
Section 2. Environmental Determination. An Initial Environment Study (IES)
was prepared to assess the potential impacts associated with the proposed amendment
to the Old Town Specific Plan, including expanding the historic preservation provisions
to selected properties outside of Old Town Temecula. The IES identified no potentially
significant impacts from the proposed amendment. The IES and the Notice of Intent to
Adopt a Negative Declaration were circulated for public review between March 30, 2006
and April 19, 2006. No significant comments were received. Based upon the
information contained in the Agenda Report and the testimony received at public
hearing, the City Council hereby adopts a Negative Declaration for the proposed
amendment to the Old Town Specific Plan.
Section 3. The parking and in-lieu parking requirements imposed by
Subsection III.F.3.bti. of the Amendments to the Old Town Specific Plan, as set forth in
Exhibit A of this Ordinance, shall apply to all projects for which a planning application or
an application for building permit is received on or after July 14, 2006 and shall not
apply to projects for which the Redevelopment Agency of the City of Temecula has
approved an Owner Participation Agreement or a Disposition and Development
Agreement or for which an application for a planning approval or building permit was
received on or before July 13, 2006.
Section 4. Severability. If any sentence, clause or phrase of this ordinance is
for any reason held to be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining provisions of this ordinance. The City Council hereby
declares that the provisions of this Ordinance are severable and if for any reason a
court of competent jurisdiction shall hold any sentence, paragraph, or section of this
Ordinance to be invalid, such decision shall not affect the validity of the remaining parts
of this Ordinance.
Section 5. The City Clerk of the City of Temecula shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23rd day of May , 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 23rd day of May, 2006,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
1. Amend second paragraph in Subsection III.C as follows:
"Permitted uses for the Medium Density Residential (MDR), High Density Residential
(HDR), and Open Space (OS) Planning Areas shall be the same as identified in the
Development Code for the Medium Density Residential, High Density Residential and
Opens Space/Conservation zones, respectively, as periodically amended, except that
"for profit museums" shall also be conditionally permitted in the Medium Density and
High Density Residential Planning Areas."
2. Amend portion of Table 111-1 by adding "Mixed Use Projects" and "Day Spa" to the list of
uses and by adding footnote number 6 as follows:
TABLE 111-1
LAND USE MATRIX
TSR' HT OTC TRC CC
LIST OF USES
D
Dav Spa I p I - I - I p -
M
Mixed Use Projects 6 p - - p -
6. Individual uses within each mixed use project shall be determined by this Land Use
Matrix.
3. Amend footnote Number 2 in Table 111-1 to read as follows:
"2. These uses are limited to either the second floor (or higher) or to a location that
does not front upon or open directly onto either Old Town Front Street or Main
Street."
4. Amend Footnote Number 3 in Table 111-2 to read as follows:
"3. Buildings shall be setback exactly ten feet if no covered arcade or porch is
provided at the front of the building except in cases of exceptional building-
design and material quality and when the Director of Planning determines that a
lesser distance will achieve the streetscape goals of this Specific Plan."
5. Amend Footnote Number 6 Table 111-2 to read as follows:
"6. Landscaping of the front yard for residential projects in the TSR Planning Area is
required. Limited accent landscaping shall be provided whenever possible in all
other circumstances, and always between the front of the building and the public
right-of-way."
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6. Amend Table 111-2 by replacing the minimum private opens space per unit in the
TRC/TSR zoning district from 150 to 75 square feet per unit and by adding a footnote
number 7 beside the "75 sq. ft." under the Minimum Private Open Space/Unit for the
TRC/TSR Planning Area to read as follows:
"7. In lieu of providing 75 square feet of private opens space per unit for mixed use
projects, the amount of private open space may be reduced if combined with
common private open space, as long as the total open space required for the
project remains the same."
7. Amend the Title for Section III.E.3, by replacing the second "Codes" with "Regulations".
8. Remove Subsection III.F.3.b and renumber the subsequent subsection.
9. Amend Subsection III.F.3.b.iv to read as follows:
"iv. Structures with heights greater than three stories shall set back on the street
frontage sides for the fourth floor portion of the structure a minimum of 1 0 feet
except in cases of exceptional building-design and material quality or when the
Director of Planning determines that a distance of less than 1 0 feet is
appropriate."
10. Amend Subsection III.F.3.b.vi. as follows:
"One parking space per residential unit shall be provided on site and screened from
public view. If this parking requirement cannot be met, then the applicant may petition
the Director of Planning to accept an "in lieu" parking fee in an amount set by resolution
of the City Council. Acceptance of an "in-Iieu" parking fee is at the discretion of the
Director of Planning. Separate access drives and parking facilities should be provided
for residential uses and commercial uses whenever possible."
11. Amend Section III.F.7 to read as follows:
"7. Loading Facilities
Loading and unloading facilities shall be visually screened from access streets and
adjacent properties and constructed in a manner to reasonably contain and restrict
emission of noises typically attributed to such function. When screening of loading and
unloading facilities is physically not possible, the facilities shall be architecturally
integrated into the overall design of the building. Loading and unloading areas in or
adjacent to the alleys do not require additional visual screening."
12. Amend a new Section III.F.15 to read as follows:
"15. Alleys
Designated alleys within Old Town shall be maintained and protected for future public
use. The design and components within each alley shall be consistent with the purpose
identified within this Specific Plan. Development projects adjacent to the designated
alleys will be required to construct improvements in and adjacent to the alley. These
improvements shall include paving, lighting, or other necessary components to ensure
the functionality and safety of the designated alleys. Limited landscaping should be
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provided when feasible provided that the functionality of the alley is not effected. When
resident or business parking is established in the rear yard areas adjacent to the alleys,
access to these parking spaces may be provided directly from the alleys."
13. Amend Subsection G of Section III to read as follows:
"G. SIGN REGULATIONS
The intent of these regulations is to establish specific standards for all exterior signage
that will ensure continuity, consistency, and harmony with the architectural quality of the
Old Town environment as it may have appeared in the early 1900's.
1. Applicability
These regulations shall apply to all signage within the Tourist Retail Core and
Tourist Serving Residential areas of the Specific Plan. Signage within the
Highway Tourist Commercial District, Community Commercial, Medium Density
Residential District, and High Density Residential Land Use Districts shall comply
with the sign requirements contained in the Development Code and the Signage
Design Guidelines contained in Section IV.J of the Specific Plan.
2. Permit Required
Unless specifically stated in these regulations, a sign permit is required prior to
placing, erecting, moving, reconstructing, altering, or displaying any sign within
the Specific Plan.
3. Prohibitions
No person shall erect, re-erect, construct, enlarge, alter, move, improve, remove,
convert, or equip any sign or sign structure or cause or permit the same to be
done contrary to, or in violation of, the provisions of these sign regulations. All
signs not expressly permitted by this Section are prohibited. No application for
sign permit or other application for a prohibited sign shall be accepted, acted
upon, or approved.
4. Prohibited Signs in Old Town
Freestanding signs on lots with less than 150' of road frontage (except for
mini monument signs)
Roof mounted signs
Animated signs, including time and temperature displays
Rotating, moving, emitting, or flashing signs
Balloon signs
Ambient air balloons
Internally illuminated signs, including front and back lit awning and
window locations
Neon tube signs
Window signs above the second story
Paper, cloth, or plastic streamers or bunting - except holiday decorations
Formed plastic or injection molded signs
Statues used for advertising
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Traffic sign replicas
Vehicle signs
Any sign not permitted by this Specific Plan
Any sign prohibited by the Development Code and not expressly
permitted in this Specific Plan
5. Permitted Signs
Mini-monument Signs (for buildings constructed before 1994)
Wall Mounted Signs (business identification)
Hanging Signs
Rear and Interior Facing Signs
Supergraphics
Freestanding Signs
Window Signs
Under Canopy Signs
Awning Signs
Projecting Signs
Indirectly Illuminated Signs
Temporary A-Frame or Sandwich Board Signs
Accessory Signs (examples include building name, directional, menu
board, and daily special signs)
Painted Building Signs (The appropriate location is at the discretion of the
Director of Planning)
6. Sign Standards
a. Allowable Sign Area. Unless specifically exempted for this requirement,
the total amount of signage for each business shall be limited to the
following.
i. Business establishments having a single frontage onto a public
street, or buildings with one building entrance, are permitted a
maximum of 1.5 square feet of sign per linear foot of business
establishment frontage. Each business may use any combination
of the following signs to arrive at the total allowable square
footage. However, each sign shall not exceed the maximum
square footage described in this Section.
ii. Business establishments having frontage onto two public streets
are permitted a maximum of 1.5 square feet of sign per linear foot
of business establishment frontage along the primary street and
0.5 square feet of sign area per linear foot of business
establishment frontage along the secondary street. Business
establishments that have frontage along the Murrieta Creek shall
also be permitted a maximum of 1.5 square feet of sign per linear
foot of business establishment frontage along the creek frontage.
Each business may use any combination of the following signs to
arrive at the total allowable square footage. However, each sign
shall not exceed the maximum square footage described in this
Section.
b. Building Surface Signs. Except as specified below, all building surface
signage shall be counted toward the maximum allowable sign area.
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1. Wall Mounted Siqns. Maximum of one square foot per linear
frontage foot of business establishment. To be located no higher
than the lowest of the following points:
. 25 feet above grade;
. Bottom of the sill line of the second floor windows; or
. Cornice line of the building.
il. Hanqinq Siqns. As an alternative to the standard wall sign, an
under canopy hanging sign may be used. Hanging signs must be
parallel to the street and, in addition, hanging signs may not
exceed 75% of the width of the business frontage or be more than
12 inches in height. If located over a walkway, the vertical
clearance between the bottom of the sign and walking grade shall
be a minimum of 7 feet.
ill. Rear Facinq Siqns. If a building has parking or pedestrian access
at the rear, each business is permitted a maximum of one sign,
not to exceed 3 square feet. The rear facing sign can either be
located adjacent to the entry point, or on the exterior rear facing
wall of the business.
iv. Interior Facinq Siqns. Where a building has a courtyard or interior
plaza that can not be viewed from the public right of way, each
business shall be permitted a maximum of one sign, not to exceed
5 percent of the total interior courtyard wall area of the business.
Interior facing signage shall not be counted toward the overall total
sign area permitted for the business or building.
v. Superqraphics. The purpose of allowing wall supergraphics is to
allow the advertising or depiction of products that may have been
available in an 1890's marketplace. A supergraphic is a mosaic,
mural, painting, graphic art, or combination thereof which is
professionally applied to a building that does not contain any
brand name, product name, letters of the alphabet spelling or
abbreviating the name of any product, company, profession, or
business, or any logo, trademark, trade name, or other
commercial message. Maximum size shall not exceed 60% of
wall surface. Supergraphics shall not be counted toward the
overall total sign area permitted for the business or building.
c. Other Buildinq Siqns. All window, awning and projecting signs shall be
counted toward the maximum allowable sign area.
I. Permanent Window Siqns. On ground level: coverage shall not
exceed 20 percent of the total window and door area visible from
the exterior of the building; on second level: coverage shall not
exceed 30 percent per window. (No window signs are permitted
above second floor).
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ii. AwninQ SiQns. On ground floor level: coverage shall not exceed
20 percent of the total exterior surface area of each awning. On
the second floor level and above: coverage shall not exceed 10
percent of the total exterior surface area of each awning. Internal
illumination prohibited.
n
II
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iii. Proiectinq Siqns. One per business allowed; maximum size may
not exceed 6 square feet and shall not extend more than 4 feet
from the wall surface. No illumination is allowed. Projecting signs
shall only be attached to buildings, not to poles or other signs, and
shall maintain at least 7 feet of vertical clearance between the
bottom of the sign and walking grade. Projecting signs may
encroach into the public right-of-way a maximum of 3 feet subject
to the approval of the Director of Planning. Each tenant may have
a projecting sign. No tenant may have both a projecting and mini-
monument sign.
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iv. Under Canopy SiQns. One per business allowed. Permitted
under a canopy, roof, covered walkway, or porch; maximum size
of 3 square feet; minimum of 7 feet of vertical clearance shall be
required from walking grade to the bottom of the sign.
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d. Freestandinq Siqns. Freestanding signs shall not be counted toward the
overall total sign area permitted for the business or building. Only one
freestanding sign is allowed per site. For this purpose, "site" is defined as
any single parcel or a group of parcels developed under a unified
development plan, whichever covers the larger area.
i. Multi-tenant SiQns. A maximum of one double sided sign per
street frontage if said street frontage is over 150 feet. Height of
sign shall not exceed 6 feet above grade. Width shall not exceed
4 feet. Each tenant placard shall not exceed 12 inches in height.
Sign may only be indirectly illuminated; internal illumination is
prohibited. No monument signs are allowed if the street frontage
is less than 150 feet.
ii. Mini-Monument SiQns. A maximum of one double face mini-
monument sign is permitted if the street frontage is less than 150
feet, if the building existed prior to 1994, and if the building is set
back more that ten feet from the street. The maximum sign area
shall not exceed 6 square feet. Sign may only be indirectly
illuminated; internal illumination is prohibited. The height of the
sign shall not exceed 4 feet. If a sign is placed on a creative, time
appropriate architectural element such as a covered wagon,
wagon wheel, railroad cart, etc, the height may be increased
consistent with period element at the sole discretion of the
Director of Planning. If a building has more than one tenant or
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building per lot, there shall still only be one mini-monument sign
allowed.
e. Temporarv Siqns. Temporary signs shall not be counted toward the
overall total sign area permitted for the business or building. The types of
temporary signs are as follows.
I. Temporarv Banners. Temporary grand opening and special event
signs are allowed for each business establishment on the exterior
wall. Signs shall not be attached to any other freestanding
element (porch balustrade, garden wall, tree, monument sign,
vehicle, etc.). Signs shall be constructed of cloth, canvas, or other
durable material. Plastic or vinyl banner signs are not permitted.
The use of neon colored/day glow banner signs are also
prohibited. All temporary signs, except for A-Frame/Sandwich
Boards, shall abide by the provisions of the Ordinance Regulating
Temporary Signs, as amended.
il. A-Frame/Sandwich Board Siqn. One A-frame or sandwich board
sign allowed per property on Friday, Saturday, Sunday, and
designated Monday holidays. The size shall not exceed 3.5 feet
high and 2 feet wide. A-frame signs shall not block the sidewalk
and shall not be illuminated. No permit is required for A-frame
and sandwich board signs which comply with these provisions.
f. Accessorv Siqns. Accessory signs shall not be counted toward the
overall total sign area permitted for the business or building. The types of
accessory signs are as follows.
I. Buildinq Name Siqn. The purpose of allowing building name signs
is to allow for the identification of buildings. The maximum size
shall not exceed 10 percent of the wall surface. In the event that
the building name advertises one or more businesses located
within the building, the signage will not be considered a building
name sign but will be included in the total square footage
permitted for the business or building.
il. Directional Siqns. Interior project directional signage may be
allowed in interior courtyards or adjacent to stairways or elevators,
to guide patrons to rear area and upstairs tenants. The maximum
size may not exceed 3 square feet.
ill. Menu Boards. One menu board is allowed for each restaurant or
other eating establishment. The maximum size may not exceed 4
square feet. Menu Boards may contain only the name of the
establishment and the food available inside. The menu board must
be located on a wall adjacent to the main customer entrance.
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8
.
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iv. Dailv Special SiQns. One display area size near the primary
entrance is allowed for each restaurant or other eating
establishment. The maximum size is 4 square feet.
g. FlaQs. A maximum of three colored flags may be displayed at anyone
time. The maximum size is 6 square feet. These flags may not contain
writing, insignias, or logos."
14. Amend Section IV.B.1 by adding a new bullet item to the list of discouraged materials to
read as follows:
". Plywood"
15. Amend Section IV.S.1 by revising the last bullet item for Guideline 7 to read as follows:
". Rough textured vertical wood siding with appropriately spaced wooden battens."
16. Amend Sections IV.S.1 and 3 by replacing the words "Heritage Colors" with
"Preservation Exterior Palette."
17. Amend Section IV by adding a new Subsection L to read as follaws:
"L. ALLEY GUIDELINES
The alleys in Old Town Temecula were originally created with the original plat and
subdivision in the 1880's. Since that time, many of the alleys have been eliminated. As
part of the revitalization efforts in Old Tawn, it has been determined that the remaining
alleys should be preserved and integrated into the Specific Plan, unless vacated by the
City Council. Under special circumstances, an existing alley may be proposed to be
vacated, when extraordinary architecture and site planning result in exceptional
pedestrian and vehicular circulation and public access to the proposed project and
surrounding uses. The purpose of this Section is to provide guidance on the use of
alleys within the Old Town Temecula.
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9
The primary purposes of the remaining alleys are either for vehicular access or
pedestrian access. The primary goal of the vehicular access alleys is to provide service
and rear area parking access to adjacent properties. The majority of these alleys are
located between Old Town Front Street and Mercedes Street. The primary purposes of
the pedestrian access alleys are to enhance the pedestrian connections between Old
Town Front Street and Murrieta Creek.
The following alleys between Old Town Front and Mercedes Streets will retain a
primarily vehicular function:
D Between First and Second Streets
D Between Third and Main Streets
D Between Fourth and Fifth Streets
D Between Fifth and Sixth Streets
The following alleys between Old Town Front Street and Murrieta Creek will retain a
primary pedestrian function:
D Between Fourth and Fifth Streets
The locations of these alleys is shown on Exhibit IV-1.
Guideline 1 - Functional DesiQn for Vehicular Access Allevs
The alleys designated for primary vehicular access should comply with the following
criteria:
. The minimum width of the alley travelway shall be at least a twenty (20) feet.
. Parking spaces may back into the alleys with at least 12 feet between the
centerline of the alley and the back of the parking space.
. Pedestrian amenities may be provided along the vehicular access alleys when
the use of the alley for vehicular access is not impaired or restricted.
. Additional landscaping may be provided but is not required along the alleys,
unless adjacent to pedestrian or resident seating areas and when additional
screening is determined to be necessary.
. Businesses may establish patron entrances from vehicular access alleys if an
area of at least six feet in width is provided to accommodate door swing and safe
pedestrian movement into and out of the business.
Guideline 2 - Functional DesiQn for Pedestrian Access Allevs
The alleys designated for primary pedestrian access should comply with the following
criteria:
. Pedestrian amenities such as fountains, landscaping and seating areas should
be provided when limited vehicle use is anticipated.
. Businesses may take access from pedestrian alleys.
. Portions of pedestrian alleys used for limited vehicular access should conform to
the requirements for vehicular access alleys."
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Old Town Temecula Specific Plan
Exhibit IV-1
Alleys
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-
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11
Amend Section V to read as follows:
"v. TEMECULA LOCAL HISTORIC PRESERVATION DISTRICT
CONTENTS
A.
B.
C.
D-
E.
F.
G.
H.
Purpose
Establishment of the District
Building Permits and Prohibitions
Old Town Local Review Board (OTLRB)
Temecula Local Historic Register
Finding of Historic Appropriateness
Care and Maintenance
Additional Violation Provisions for Historic Structures
Page V-X
Page V-X
Page V-X
Page V-X
Page V-X
Page V-X
Page V-X
Page V-X
A. PURPOSE
Protecting the cultural heritage and historical architectural resources found in Old Town
and elsewhere in Temecula is part of the overall goal for the revitalization of Old Town
and the protection of the community's heritage. The Old Town Specific Plan also gives
owners of eligible historic properties relief from the contemporary municipal codes,
ordinances, taxes, and laws levied on newer contemporary structures. Historic
structures on the Temecula Local Historic Register that are located outside of Old Town
Temecula are also eligible to receive relief from contemporary municipal codes,
ordinances, taxes, and laws levied on newer contemporary structures.
B. ESTABLISHMENT OF THE DISTRICT
The boundary of the Temecula Local Historic Preservation District shall be coterminous
with the boundary of the Old Town Specific Plan. In addition, the Temecula Local
Historic Preservation District also includes the following historic structures outside of Old
Town Specific Plan:
1. Vail Ranch Headquarters complex located at 32095 Highway 79 South
2. Vail Ranch House located at 31658 Via San Carlos
3. Wolf Tomb located at 45334 Maguey Court
4. Gonzalez Adobe located at 27645 Jefferson Avenue
C. BUILDING PERMITS AND PROHIBITIONS
1. Within the boundaries of the Temecula Local Historic Preservation District
no person shall demolish, remove, relocate, or cause to be relocated,
alter, or cause to be altered, construct, or cause to be constructed or
modify any designated historic building or structure, except in strict
compliance with the plans approved in conjunction with a Finding of
Historic Appropriateness.
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12
2. Within the boundaries of the Old Town Historic Preservation District, no
person shall relocate, or cause to be relocated, alter, or cause to be
altered, construct, or cause to be constructed, any building or structure,
except in strict compliance with the plans approved in conjunction with the
Finding of Historic Appropriateness.
3. Within the boundaries of the Temecula Local Historic Preservation
District, no building permit shall be issued unless a Finding of Historic
Appropriateness is first made in compliance with the provisions of this
Chapter.
4. Interior building changes to non-historic building and structures that do
not affect the buildings exterior are required to obtain a building permit;
however are not required to obtain a Finding of Historic Appropriateness.
5. Nothing in this section shall be construed so as to exempt any person
from complying with any other provision of law.
D. OLD TOWN LOCAL REVIEW BOARD (OTLRB)
1. The Temecula Local Historic Preservation District shall have an advisory
review board known as the Old Town Local Review Board to provide
input into all major projects within the Old Town Specific Plan and to
review any proposed modifications to any historic structure. The Director
of Planning may also provide the Old Town Local Review Board with
information on major projects that are either: adjacent to Old Town that
may have the potential to affect the Old Town area or that are adjacent to
or have the potential to affect any historic structure or site.
2. The Old Town Local Review Board shall be composed of five members
and one alternate (who shall serve in the absence of any member).
Board members shall be appointed by the City Council for terms of 3
years. The member terms shall be staggered so that all the members of
the Old Town Local Review Board are not appointed at the same time.
All members shall exhibit an interest in and knowledge of the history and
architecture of the Temecula Local Historic Preservation District. At least
one member shall be knowledgeable in architectural and construction
techniques. Members shall serve without pay.
3. The Old Town Local Review Board shall hold regular public meetings and
establish such rules as may be appropriate or necessary for the orderly
conduct of its business. Three members shall constitute a quorum. At its
first meeting of the year, the Board members shall elect a Chairman and
Vice Chairman (who will officiate the meetings when the Chairman is
absent), who shall serve for terms of one year.
4. The Old Town Local Review Board shall have the following powers and
duties in addition to those otherwise provided in this ordinance:
a. Provide for pre-application conferences with individuals interested
in constructing or altering property within the Temecula Local
Historic Preservation District. The purpose of these conferences
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shall be to familiarize the applicant with the historic significance
and related architectural themes of the district.
b. For historic structures within Old Town Temecula, utilize the
adopted Old Town Specific Plan Design Guidelines in the review
of applications as part of process to make determinations of
consistency and appropriateness with the Specific Plan. Use the
Design Guidelines as a basis for approving or denying
applications for a Finding of Historic Appropriateness.
For historic structures outside of Old Town Temecula, utilize the
best available information for the architectural style of the historic
structure to maintain the integrity of existing historic architecture
as well as preserve its local historic context.
c. Explore means for the protection, retention, and use of any
significant structures, natural features, sites, and areas in the
district including but not limited to appropriate legislation and
financing by independent funding organizations, or other private,
local, state, or federal assistance.
d. Serve as an advisory resource to all agencies of the City in
matters pertaining to the Temecula Local Historic District, and to
encourage efforts by, and cooperation with individuals, private
organizations, and other governmental agencies concerned with
preservation of the district's architectural, environmental, and
cultural heritage.
e. Render advice and guidance, upon request of the property owner
or occupant regarding construction, restoration, alteration,
decoration, landscaping, or maintenance of any structure, natural
feature, site or area within the district.
f. Encourage public understanding and appreciation of the unique
architectural, environmental, and cultural heritage of the district
through educational and interpretative programs.
E. TEMECULA LOCAL HISTORIC REGISTER
1. The City Council has identified the following historic buildings and
structures in Temecula. These buildings and structures are officially
designated on the Local Historic Register for the City of Temecula. All
buildings on this list are eligible to receive any and all benefits authorized
by the State of California for designated historic structures. The use of
the Historic Building Code is specifically authorized for all historic
structures. (The dates for the historic structures are approximate based
upon the best available information.)
2. The list of Designated Historic Buildings and Structures is provided below.
The locations of the designated historic buildings and structures in Old
Town Temecula are shown on Exhibit V-1. Non-Old Town sites are
shown on Exhibit V-2.
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14
a. Structures in Old Town Temecula
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
Saint Catherine's Church, 1920
Welty Building, 1897
Machado Store, 1910
Clogstone Restaurant, 1932
First National Bank, 1914
Palomar Hotel, 1915
Alec Escallier House, 1927-28
Burnham Store, 1902
Friedeman Meat Market, 1901
Welty Hotel, 1891
J.D. Welty, 1936
Arviso House, 1920
Unnamed residence, 1928
Bill Friedeman House, 1922
Nienke House, 1936
McConville House, early 1890's
Albert Nienke House, early 1920's
GA Burnham House, early 1880's
AI Otto House, 1882
28314 Mercedes Street
28659 Old Town Front Street
28656 Old Town Front Street
28676 Old Town Front Street
28645 Old Town Front Street
28522 Old Town Front Street
41852 Main Street
42051 Main Street
42050 Main Street
42100 Main Street
42081 3rd Street
41915 4th Street
42251 6th Street
42291 6th Street
28575 Pujol Street
28585 Pujol Street
28649 Pujol Street
28653 Pujol Street
28717 Pujol Street
b. Structures outside of Old Town Temecula
Vail Ranch Headquarters Complex 32095 Highway 79-South
(formerly addressed as 32100)
31658 Via San Carlos
45334 Maguey Court
27645 Jefferson Avenue
Vail Ranch House
WolfTomb,1887
Gonzalez Adobe, 1879
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Old Town Temecula Specific Plan
ExhibitV-1
Historic Structures Map
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3. The following historic structures in Old Town Temecula have been moved
from their original locations. Saint Catherine's Church building (Historic
Building "A") was relocated to Sam Hicks Monument Park in 1992. The
Bill Freideman House (Historic Building "0") was relocated on the same
site in 2003 as part of housing project sponsored by the City
Redevelopment Agency.
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16
EXHIBIT V-2
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4. Additions and removals of structures on the Historic Structures Map shall
be at the direction of the Director of Planning upon all requirements for
said removal or addition being completed.
5. Since the initial adoption of the Old Town Specific Plan. a number of
previously designated historic structures in Old Town Temecula were
determined to be substantially dilapidated and/or unsafe and it was
determined that these historic structures could not be rehabilitated. The
following is a list of designated historic structures that were demolished
since the Plan's initial adoption 1994. This listing has been provided for
historic documentation purposes only.
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17
a. Harry Walters House, 1930's, 28535 Pujol Street
Removed in 1996
b. Unnamed residence, 1920, 28735 Pujol Street
Removed in 1999
c. Knott's Garage, 1910,28545 Old Town Front Street
Removed in 2000
d. Angel Ramirez House, 1926,28731 Pujol Street
Removed in 2002
e. Fred Ramirez House, 1920,28725 Pujol Street
Removed in 2002
F. FINDING OF HISTORIC APPROPRIATENESS
1. No existing building or structure may be altered or demolished, and no
new building or structure constructed without a Finding of Historic
Appropriateness pursuant to the provisions of this Section prior to the
alteration or demolition. The Finding shall be incorporated into the review
and approval process for the requested change.
2. Finding of Historic Appropriateness within Old Town Temecula may be
issued either by the Director of Planning or the Planning Commission or
City Council as part of the approval process for any development within
the Old Town Specific Plan. The approval authority for Finding of
Historical Appropriateness shall be based upon the approval authority
established by the Development Code for the accompanying application.
No development application for Level Two projects in Old Town, as
described below, may be approved without a recommendation from the
Old Town Local Review Board.
3. Finding of Historic Appropriateness for structures located outside of the
Old Town Specific Plan may be approved by the Director of Planning for
Level One projects and by the Planning Commission for Level Two
projects. The Old Town Local Review Board shall review and provide
comments on all requests to alter any historic structure.
4. For the purposes of implementing the provisions of the Old Town Specific
Plan and the requirements of the Temecula Local Historic Preservation
District, there are two levels of Old Town development project. The first
category is the ministerial or minor projects, referred to as Level One
projects. The second category is for non-ministerial and major projects,
also called Level Two projects.
a. Level One Proiects do not require the review and recommendation
of the Old Town Local Review Board. Level One projects may be
approved by administrative (staff only) review following the
Director of Planning's determination to grant a Finding of Historical
Appropriateness. Typical examples include the following:
. Interior alterations to historic structures;
. Re-Iandscaping around existing structure;
. Re-roofing of an existing building;
. Additions and remodels to non-historic single family
residences;
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18
. Exterior architectural modifications to an existing
commercial, office, or residential building effecting less
than 25% of the front or street side exterior facade;
. The demolition to non-historic buildings and structures;
. New individual signs up to 12 square feet in size; and
. Changes in the copy of previously approved signs.
The Director of Planning, at his/her sole discretion, may forward
Level One projects to the Old Town Local Review Board when
unique circumstances, or the sensitivity of adjacent historic
structures or land uses indicate the potential for an adverse
aesthetic impact.
b. Level Two Proiects have the potential for significant aesthetic
impacts. Level Two Projects shall always require review by the
Old Town Local Review Board prior to action by the approving
authority. Typical examples of Level Two projects include, but are
not limited to, the following:
. Multi-family residential projects;
. New commercial and office projects;
. Exterior architectural modifications to an existing
commercial, office, or residential building when 25% or
more of the front or street side exterior facade is affected;
. The alteration to a designated historic structure;
. The demolition of, or substantial alteration to, a designated
historic structure (requires Planning Commission
approval);
. New individual signs over 12 square feet;
. Mini-monument signs located on architectural features that
exceed the standard height requirement of four feet; and,
. The removal of a specimen oak tree with a 10 inches or
greater trunk diameter.
5. All applications shall be filed in a manner determined by the Director of
Planning. Requests for a Finding of Historic Appropriateness shall not be
accepted unless they are accompanied by the appropriate filing fee and
such information and drawings as may be required by the Director of
Planning. All applications for Finding of Historic Appropriateness shall be
signed by either the owner of the property or a person authorized by the
owner.
All drawings shall be signed by the architect responsible for the design
and must be in sufficient detail to show the proposed design for the site.
This includes the architectural design and elevations (including signs),
proposed materials, textures and colors (including material samples), and
the site layout (including all improvements affecting appearances, such as
walls, walks, terraces, plantings, accessory buildings, signs, lights, and
other similar elements).
6. Following the receipt of a complete application, the Director of Planning
shall schedule a meeting of the Old Town Local Review Board within 60
days and provide the Board with a staff report, including a copy of the site
plan and elevations. The Board shall review the application material and
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19
make a recommendation to approve or deny, with or without conditions,
any requests for a Finding of Historic Appropriateness to the approval
authority designated by the Development Code.
7. In considering requests for Findings of Historic Appropriateness, the Old
Town Local Review Board shall make the following findings:
a. That the proposed structure is in conformance with the General
Plan for Temecula and with all applicable requirements of state
law and other ordinances of the city and is designed for the
protection of the public health, safety, and general welfare.
b. That the proposed structure is in conformance with the
requirements of the Old Town Specific Plan, including the goals,
objectives and policies, and architectural guidelines and
standards.
c. In the event of the proposed demolition of a designated historic
building or structure, the Board shall also be required to find that
applicant has submitted substantial evidence that the structure is
imminently dangerous or unsafe and that the structure can not be
effectively repaired or retrofitted.
8. The expiration date for a Finding of Historic Appropriateness shall be the
same as expiration date for the accompanying planning application, as
may be extended pursuant to the provisions of the Development Code. If
the Development Code does not specify an expiration date, the project for
which the Finding of Historic Appropriateness was approved shall
commence construction within three years of the date of approval or the
Finding of Historic Appropriateness shall become null and void. No
extensions of time will be allowed for these projects.
G. MAINTENANCE AND CARE
1. The owner, occupant, or other person in actual charge of an building or
structure on Temecula Local Historic Register shall keep in good repair all
of the exterior portions of such improvement, building, or structure, all of
the interior portions thereof when subject to control as specified in the
designation statement, and all interior portions thereof whose
maintenance is necessary to prevent deterioration and decay of any
exterior architectural feature.
2. Nothing in the requirements of section shall be construed to prevent the
ordinary maintenance or repair of any exterior architectural feature in or
on any designated Temecula Local Historic Register building of structure
that does not involve a change in design, material, or external
appearance thereof.
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20
H. ADDITIONAL VIOLATION PROVISIONS FOR HISTORIC STRUCTURES
1. In addition to the general violation provisions in Section III.H.7 of the
Specific Plan, any person who demolishes, alters or removes a building
or structure on the Temecula Local Historic Register, that person and the
owner shall be required to restore the building, site, or structure to its
original condition and setting prior to the violation within ninety days. Any
action to enforce this provision may be brought by the city or any other
interested party. This civil remedy shall be in addition to, any criminal
prosecution and penalty and any other remedy provided by law.
2. If any person demolishes or removes a building or structure on the
Temecula Local Historic Register in violation of this section, no building or
construction related (including grading) permits or permits to use the
property as a parking area or other commercial venture shall be issued
for a period of up to seven years, at the City Council's discretion, based
on the significance of the resource from the date of demolition, except to
replicate the lost resource. The failure to adequately maintain a
designated historic building or structure can also be considered to
constitute the unauthorized demolition of a building or structure on the
Temecula Local Historic Register.
For the purpose of this section, the demolition shall be presumed to have
occurred on the date the city has actual knowledge of the demolition. The
owner shall have the burden of providing an earlier date, if entitlement to
an earlier date is claimed. The owner shall have the affirmative
obligations to plant and maintain turf grass, to provide a temporary
irrigation system to maintain such landscaping, and prevent the
accumulation of debris and waste on the property during the interim
period."
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21
PROPOSED MODIFICATIONS TO THE OLD TOWN SPECIFIC PLAN
(New text is shown like this, deletions are shown like this tRis.)
Medium and Hiqh Densitv Residential Planninq Area
1. Amend second paragraph in Subsection III.C as follows:
"Permitted uses for the Medium Density Residential (MDR), High Density Residential
(HDR), and Open Space (OS) Planning Areas shall be the same as identified in the
Development Code for the Medium Density Residential, High Density Residential and
Opens Space/Conservation zones, respectively, as periodically amended, except that
"for profit museums" shall also be conditionally permitted in the Medium Density
and High Density Residential Planning Areas."
Mixed Use Proiects
1. Amend portion of Table 111-1 by adding "Mixed Use Projects" to the list of uses and
footnote number 6 as follows:
TABLE 111-1
LAND USE MATRIX
TSR' HT OTC TRC CC
LIST OF USES
M
Mixed Use Projects. p - I - p I -
6. Individual uses within each mixed use project shall be determined by this Land Use
Matrix.
2. Delete Subsection III.F.3.b as follows:
"Csmlitisnal Use Permit Reauire. ^ mixee use prejeet may snly be establishee
after first sbtainin€l a Csneitisnal Use Permit, as eeseribee in the Oe'/elspment
Csee, aRe iR eSRfsrmaRee 'Nith the reEjuiremeRts sf this seetisR."
3. Amend Subsection III.F.3.c.vi. as follows:
"If snsite resieent parl<in€l is prsvieee, One parking space per residential unit
shall be provided on site and screened from public view. If this parking
requirement cannot be met, then the applicant may petition the Director of
Planning to accept an "in lieu" parking fee in an amount set by resolution of the
City Council. Acceptance of an "in-lieu" parking fee is at the discretion of the
Director of Planning. Separate access drives and parking facilities should be provided
for residential uses and commercial uses whenever possible."
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Allevs
1. Add a new Subsection III.F.15 to read as follows:
"15. Alleys
Designated alleys within Old Town shall be maintained and protected for future
public use. The design and components within each alley shall be consistent with
the purpose identified within this Specific Plan. Development projects adjacent
to the designated alleys will be required to construct improvements in and
adjacent to the alley. These improvements shall include paving, lighting, or
other necessary components to ensure the functionality and safety of the
designated alleys. Limited landscaping shall be provided when feasible,
provided that the functionality of the alley is not affected. When resident or
business parking is established in the rear yard areas adjacent to the alleys,
access to these parking spaces may be provided directly fromt-G the alleys."
2. Amend Subsection III.F.7 by adding an additional sentence:
"7. Loading Facilities
Loading and unloading facilities shall be visually screened from access streets
and adjacent properties and constructed in a manner to reasonably contain and
restrict emission of noises typically attributed to such function. When screening
of loading and unloading facilities is physically not possible, the facilities shall be
architecturally integrated into the overall design of the building. Loading and
unloading areas in or adjacent to the alleys do not require additional visual
screening."
3. Amend Section IV by adding a new Subsection L to read as follows:
"L ALLEY GUIDELINES
The alleys in Old Town Temecula were originally created with the original
plat and subdivision in the 1880's. Since that time, many of the alleys have
been eliminated. As part of the revitalization efforts in Old Town, it has
been determined that the remaining alleys should be preserved and
integrated into the Specific Plan, unless vacated by the City Council.
Under special circumstances, an existing alley may be proposed to be
vacated, when extraordinary architecture and site planning result in
exceptional pedestrian and vehicular circulation and public access to the
proposed project and surrounding uses. The purpose of this Section is to
provide guidance on the use of alleys within the Old Town Temecula.
The primary purposes of the remaining alleys are either for vehicular
access or pedestrian access. The primary goal of the vehicular access
alleys is to provide service and rear area parking access to adjacent
properties. The majority of these alleys are located between Old Town
Front Street and Mercedes Street. The primary purposes of the pedestrian
access alleys are to enhance the pedestrian connections between Old
Town Front Street and Murrieta Creek.
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The following alleys between Old Town Front and Mercedes Streets will
retain a primarily vehicular function:
D Between First and Second Streets
D Between Third and Main Streets
D Between Fourth and Fifth Streets
D Between Fifth and Sixth Streets
The following alleys between Old Town Front Street and Murrieta Creek will
retain a primary pedestrian function:
D Between Fourth and Fifth Streets
The locations of these alleys are shown on Exhibit IV-1.
Guideline 1 - Functional Desian for Vehicular Access Allevs
The alleys designated for primary vehicular access should comply with the
following criteria:
. The minimum width of the alley travelway shall be at least a twenty
(20) feet.
. Parking spaces may back into the alleys with at least 12 feet
between the centerline of the alley and the back of the parking
space.
. Pedestrian amenities may be provided along the vehicular access
alleys when the use of the alley for vehicular access is not impaired
or restricted.
. Additional landscaping may be provided but is not required along
the alleys, unless adjacent to pedestrian or resident seating areas
and when additional screening is determined to be necessary.
. Businesses may establish patron entrances from vehicular access
alleys if an area of at least six feet in width is provided to
accommodate door swing and safe pedestrian movement into and
out of the business.
Guideline 2 - Functional Desian for Pedestrian Access Allevs
The alleys designated for primary pedestrian access should comply with
the following criteria:
. Pedestrian amenities such as fountains, landscaping and seating
areas should be provided when limited vehicle use is anticipated.
. Businesses may take access from pedestrian alleys.
. Portions of pedestrian alleys used for limited vehicular access
should conform to the requirements for vehicular access alleys."
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Old Town Temecula Specific Plan
Exhibit IV-1
Alleys
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Expansion of the Historic Provisions bevond Old Town Temecula
1. Make the following changes to Section V.
"v. OLD TOWN TEMECULA LOCAL HISTORIC PRESERVATION
DISTRICT
CONTENTS
A. Purpose
B. Establishment of the District
C. Building Permits and Prohibitions
D. Old Town Local Review Board (OTLRB)
E. Ole! TswR Temecula Local Historic Register
F. CertifiGate Finding of Historic Appropriateness
G. Care and Maintenance
H. Additional Violation Provisions for Historic Structures
Page V-X
Page V-X
Page V-X
Page V-X
Page V-X
Page V-X
Page V-X
Page V-X
A. PURPOSE
Protecting the cultural heritage and historical architectural resources found in Old Town
and elsewhere in Temecula is part of the overall goal for the revitalization of Old Town
and the protection of the community's heritage. The Old Town Specific Plan also gives
owners of eligible historic properties relief from the contemporary municipal codes,
ordinances, taxes, and laws levied on newer contemporary structures. Historic
structures on the Temecula Local Historic Register that are located outside of Old
Town Temecula are also eligible to receive relief from contemporary municipal
codes, ordinances, taxes, and laws levied on newer contemporary structures.
B. ESTABLISHMENT OF THE DISTRICT
The boundary of the Ole! Tewn Temecula Local Historic Preservation District shall be
coterminous with the boundary of the Old Town Specific Plan. In addition, the
Temecula Local Historic Preservation District also includes the following historic
structures outside of Old Town Specific Plan:
1. Vail Ranch Headquarters complex located at 32095 Highway 79 South
2. Vail Ranch House located at 31658 Via San Carlos
3. Wolf Tomb located at 45334 Maguey Court
4. Gonzalez Adobe located at 27645 Jefferson Avenue
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C. BUILDING PERMITS AND PROHIBITIONS
1. Within the boundaries of the Ole Tswn Temecula Local Historic Preservation
District no person shall demolish, remove, relocate, or cause to be relocated,
alter, or cause to be altered, construct, or cause to be constructed or modify
any designated historic building or structure, except in strict compliance with
the plans approved in conjunction with ',\,'ithsut the issuaRse sf a Finding
Certifieate of Historic Appropriateness.
2. Within the bsunearies sf the Ole Tswn I-listsrie Preservatisn Distriet, ns
perssn shall alter, sr Gause ts be alteree, any eesi€lnatee histsrie builein€l
sr strueture, exeept in striet esmplianee with the plans apprsvee in
ssRjuRstisR ',\,'ith the issuaRse sf a Certifisate sf Histsris !l.pprspriateRess.
~2. Within the boundaries of the Old Town Historic Preservation District, no person
shall relocate, or cause to be relocated, alter, or cause to be altered, construct, or
cause to be constructed, any building or structure, except in strict compliance
with the plans approved in conjunction with the issuaRse sf a Certifisate Finding
of Historic Appropriateness.
4,3. Within the boundaries of the Ole TSWR Temecula Local Historic Preservation
District, no building permit shall be issued unless a Finding Certifieate of
Historic Appropriateness is first made issuee in compliance with the provisions
of this Chapter.
a-,4. Interior building changes to non-historic building and structures that do not affect
the buildings exterior are required to obtain a building permit; however are
not required to obtain a Finding Certifisate of Historic Appropriateness.
&05. Nothing in this section shall be construed so as to exempt any person from
complying with any other provision of law.
D. OLD TOWN LOCAL REVIEW BOARD (OTLRB)
1. The Ole TSWR Temecula Local Historic Preservation District shall have an
advisory review board known as the Old Town Local Review Board to provide
input into all major projects within the Old Town Specific Plan and to review any
proposed modifications to any historic structure. The Director of Planning
may also provide the Old Town Local Review Board with information on major
projects that are either: adjacent to Old Town that may have the potential to
affect the Old Town area or that are adjacent to or have the potential to affect
any historic structure or site.
2. The Old Town Local Review Board shall be composed of five members and one
alternate (who shall serve in the absence of any member). Board members shall
be appointed by the City Council for terms of 3 years. The member terms shall
be staggered so that all the members of the Old Town Local Review Board are
not appointed at the same time. All members shall exhibit an interest in and
knowledge of the history and architecture of the Ole TSWR Temecula Local
Historic Preservation District. At least one member shall be knowledgeable in
architectural and construction techniques. Members shall serve without pay.
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3. The Old Town Local Review Board shall hold regular public meetings and
establish such rules as may be appropriate or necessary for the orderly conduct
of its business. Three members shall constitute a quorum. At its first meeting of
the year, the Board members shall elect a Chairman and Vice Chairman (who
will officiate the meetings when the Chairman is absent), who shall serve for
terms of one year.
4. The Old Town Local Review Board shall have the following powers and duties in
addition to those otherwise provided in this ordinance:
a. Provide for pre-application conferences with individuals interested in
constructing or altering property within the Ole Tewn Temecula Local
Historic Preservation District. The purpose of these conferences shall be
to familiarize the applicant with the historic significance and related
architectural themes of the district.
b. For historic structures within Old Town Temecula, utilize the adopted
Old Town Specific Plan Design Guidelines in the review of applications as
part of process to make findings of consistency and appropriateness with
the Specific Plan. Use the Design Guidelines as a basis for approving or
denying applications for a Finding Certifisate of Historic
Appropriateness.
For historic structures outside of Old Town Temecula, utilize the
best available information for the architectural style of the historic
structure to maintain the integrity of existing historic architecture as
well as preserve its local historic context.
c. Explore means for the protection, retention, and use of any significant
structures, natural features, sites, and areas in the district including but
not limited to appropriate legislation and financing by independent funding
organizations, or other private, local, state, or federal assistance.
d. Serve as an advisory resource to all agencies of the City in matters
pertaining to the Temecula Local Historic District, and to encourage
efforts by, and cooperation with individuals, private organizations, and
other governmental agencies concerned with preservation of the district's
architectural, environmental, and cultural heritage.
e. Render advice and guidance, upon request of the property owner or
occupant regarding construction, restoration, alteration, decoration,
landscaping, or maintenance of any structure, natural feature, site or area
within the district.
f. Encourage public understanding and appreciation of the unique
architectural, environmental, and cultural heritage of the district through
educational and interpretative programs.
E. OLD TOWN TEMECULA LOCAL HISTORIC REGISTER
1. The City Council has identified the following historic buildings and structures in
Temecula. the Ole Tewn area. These buildings and structures are officially
designated on the Local Historic Register for the City of Temecula. All buildings
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on this list are eligible to receive any and all benefits authorized by the State of
California for designated historic structures. The use of the Historic Building
Code is specifically authorized for all historic structures. (The dates for the
historic structures are approximate based upon the best available
information.)
2. The list of Designated Historic Buildings and Structures is as felle'A's provided
below. The locations of the designated historic buildings and structures in Old
Town Temecula are shown on Exhibit V-1. Non-Old Town sites are shown on
Exhibit V-2.
a. Structures in Old Town Temecula
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
Saint Catherine's Church, 1920
Welty Building, 1897
Machado Store, 1910
Clogstone Restaurant, 1932
First National Bank, 1914
Palomar Hotel, 1915
Alec Escallier House, 1927-28
Burnham Store, 1902
Friedeman Meat Market, 1901
Welty Hotel, 1891
J.D. Welty, 1936
Arviso House, 1920
Unnamed residence, 1928
Bill Friedeman House, 1922
Nienke House, 1936
McConville House, early 1890's
Albert Nienke House, early 1920's
GA Burnham House, early 1880's
AI Otto House, 1882
28314 Mercedes Street
28659 Old Town Front Street
28656 Old Town Front Street
28676 Old Town Front Street
28645 Old Town Front Street
28522 Old Town Front Street
41852 Main Street
42051 Main Street
42050 Main Street
42100 Main Street
42081 3rd Street
41915 4th Street
42251 6th Street
42291 6th Street
28575 Pujol Street
28585 Pujol Street
28649 Pujol Street
28653 Pujol Street
28717 Pujol Street
b. Structures outside of Old Town Temecula
Vail Ranch Headquarters Complex
Vail Ranch House
Wolf Tomb, 1887
Gonzalez Adobe, 1879
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32095 Highway 79-South
(formerly addressed as 32100)
31658 Via San Carlos
45334 Maguey Court
27645 Jefferson Avenue
Old Town Temecula Specific Plan
ExhibitV-1
Historic Structures Map
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The following historic structures in Old Town Temecula have been moved
from their original locations. Saint Catherine's Church building (Historic
Building "A") was relocated to Sam Hicks Monument Park in 1992. The Bill
Freideman House (Historic Building "0") was relocated on the same site in 2003
as part of housing project sponsored by the City Redevelopment Agency.
CIWINOOWSlapsdoclnettempI2580\$ASQpdf801551.doc 9
EXHIBIT V-2
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3. Since the initial adoption of the Old Town Specific Plan, a number of previously
designated historic structures in Old Town Temecula were determined to be
substantially dilapidated and/or unsafe and it was determined that these historic
structures could not be rehabilitated. The following is a list of designated historic
structures that were demolished since the Plan's initial adoption 1994. This
listing has been provided for historic documentation purposes only.
a. Harry Walters House, 1930's, 28535 Pujol street Removed in 1996
b. Unnamed residence, 1920, 28735 Pujol street Removed in 1999
c. Knott's Garage, 1910, 28545 Old Town Front street Removed in 2000
d. Angel Ramirez House, 1926, 28731 Pujol street Removed in 2002
e. Fred Ramirez House, 1920, 28725 Pujol street Removed in 2002
CIWINOOWSlapsdoclnettempI2580\$ASQpdf801551.doc 10
F. CERTIFICATE FINDING OF HISTORIC APPROPRIATENESS
1. No existing designated historic building or structure may be altered or
demolished, and no new building or structure constructed without a the pFieF
allllrsval sf Finding a Certifieate of Historic Appropriateness pursuant to the
provisions of this Section prior to the alteration or demolition. The Finding
shall be incorporated into the review and approval process for the
requested change.
2. Certifieates A Finding of Historic Appropriateness within Old Town Temecula
may be issued either by the Director of Planning or the Planning Commission or
City Council as part of the approval process for any development within the Old
Town Specific Plan. The approval authority for a eletermiRatisR sf whs
allllreves the Certifieates Finding of Historical Appropriateness shall be based
upon the approval authority established by the Development Code for the
accompanying application. No development application for Level Two projects in
Old Town, as described below, may be approved without a recommendation from
the Old Town Local Review Board.
3. Certifieates A Finding of Historic Appropriateness for structures located
outside of the Old Town Specific Plan may be approved by the Director of
Planning for Level One projects and by the Planning Commission for Level
Two projects. The Old Town Local Review Board shall review and provide
comments on all requests to alter any historic structure.
4. For the purposes of implementing the provisions of the Old Town Specific Plan
and the requirements of the Temecula Local Historic Preservation District,
there are two levels of Old Town development projects. The first category is the
ministerial or minor projects, referred to as Level One projects. The second
category is for non-ministerial and major projects, also called Level Two projects.
a. Level One Proiects do not require the review and recommendation of the
Old Town Local Review Board. Level One projects may be approved by
administrative (staff only) review following the Director of Planning's
determination to grant a Finding Certifieate of Historical
Appropriateness. Typical examples include the following:
. Interior ehan€les er alterations to historic structures;
. Re-Iandscaping around existing structure;
. Re-roofing of an existing building;
. Additions and remodels to non-historic single family residences;
. Exterior architectural modifications to an existing commercial,
office, or residential building affecting less than 25% of the front or
street side exterior facade;
. The demolition to non-historic buildings and structures;
. New individual signs up to 12 square feet in size; and
. Changes in the copy of previously approved signs.
The Director of Planning, at his/her tAeif-sole discretion, may forward
Level One projects to the Old Town Local Review Board when unique
circumstances, or the sensitivity of adjacent historic structures or land
uses indicate the potential for an adverse aesthetic impact.
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b. Level Two Proiects have the potential for significant aesthetic impacts.
Level Two Projects shall always require review by the Old Town Local
Review Board prior to action by the approving authority. Typical
examples of Level Two projects include, but are not limited to, the
following:
. Multi-family residential projects;
. New commercial and office projects;
. Exterior architectural modifications to an existing commercial,
office, or residential building when 25% or more of the front or
street side exterior facade is affected;
. The alteration to a designated historic structure;
. The demolition of, or substantial alteration to, a designated historic
structure (requires Planning Commission approval);
. New individual signs over 12 square feet;
. Mini-monument signs located on architectural features that
exceed the standard height requirement of four feet; and,
. The removal of a specimen oak tree with a 10 inches or greater
trunk diameter.
5. All applications shall be filed en the terms ami in a manner determined by the
Director of Planning. Requests for a Finding of Historic Appropriateness
Applieatiens shall not be accepted unless they are accompanied by the
appropriate filing fee and such information and drawings as may be required by
the Director of Planning. All applications for Certifieates a Finding of Historic
Appropriateness shall be signed by either the owner of the property or a person
authorized by the owner.
All drawings shall be signed by the architect responsible for the design and must
be in sufficient detail to show the proposed design for the site. This includes the
architectural design and elevations (including signs), proposed materials,
textures and colors (including material samples), and the site layout (including all
improvements affecting appearances, such as walls, walks, terraces, plantings,
accessory buildings, signs, lights, and other similar elements).
6. Following the receipt of a complete application, the Director of Planning shall
schedule a meeting of the Old Town Local Review Board within 60 days and
provide the Board with a staff report, including a copy of the site plan and
elevations. The Board shall review the application material and make a
recommendation to approve or deny, with or without conditions, any requests for
a Certifieates Finding of Historic Appropriateness to the approval authority
designated by the Development Code.
7. In considering requests applieatiens for Certifieates a Finding of Historic
Appropriateness, the Old Town Local Review Board shall make the following
findings:
a. That the proposed structure is in conformance with the General Plan for
Temecula and with all applicable requirements of state law and other
ordinances of the city and is designed for the protection of the public
health, safety, and general welfare.
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b. That the proposed structure is in conformance with the requirements of
the Old Town Specific Plan, including the goals, objectives and policies,
and architectural guidelines and standards.
c. In the event of the proposed demolition of a designated historic building
or structure, the Board shall also be required to find that applicant has
submitted substantial evidence that the structure is imminently dangerous
or unsafe and that the structure can not be effectively repaired or
retrofitted.
8. The expiration date for a CertifiGates Finding of Historic Appropriateness shall
be the same as expiration date for the accompanying planning application, as
may be extended pursuant to the provisions of the Development Code. If the
Development Code does not specify an expiration date, the project for which the
CertifiGates Finding of Historic Appropriateness was approved shall commence
construction within three years of the date of approval or the CertifiGates
Finding of Historic Appropriateness shall become null and void. No extensions
of time will be allowed for these projects.
G. MAINTENANCE AND CARE
1. The owner, occupant, or other person in actual charge of an building or structure
on Temecula Local Historic Register shall keep in good repair all of the exterior
portions of such improvement, building, or structure, all of the interior portions
thereof when subject to control as specified in the designation statement, and all
interior portions thereof whose maintenance is necessary to prevent deterioration
and decay of any exterior architectural feature.
2. Nothing in the requirements of section shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in or on any
designated Temecula Local Historic Register building of structure that does not
involve a change in design, material, or external appearance thereof.
H. ADDITIONAL VIOLATION PROVISIONS FOR HISTORIC STRUCTURES
1. In addition to the general violation provisions in Section III.H.7 of the Specific
Plan, any person who demolishes, alters or removes a building or structure on
the Temecula Local Historic Register, that person and the owner shall be
required to restore the building, site, or structure to its original condition and
setting prior to the violation within ninety days. Any action to enforce this
provision may be brought by the city or any other interested party. This civil
remedy shall be in addition to, any criminal prosecution and penalty and any
other remedy provided by law
2. If any person demolishes or removes all building or structure on the Temecula
Local Historic Register in violation of this section, no building or construction
related (including grading) permits or permits to use the property as a parking
area or other commercial venture shall be issued for a period of up to seven
years, at the City Council's discretion, based on the significance of the resource
from the date of demolition, except to replicate the lost resource. The failure to
adequately maintain a designated historic building or structure can also be
considered to constitute the unauthorized demolition of a building or structure on
the Temecula Local Historic Register.
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For the purpose of this section, the demolition shall be presumed to have
occurred on the date the city has actual knowledge of the demolition. The owner
shall have the burden of providing an earlier date, if entitlement to an earlier date
is claimed. The owner shall have the affirmative obligations to plant and
maintain turf grass, to provide a temporary irrigation system to maintain such
landscaping, and Ie prevent the accumulation of debris and waste on the
property during the interim period."
Siqn Standards -
1. Make the following changes to the Sign Standards in Section III.
"G. SIGN REGULATIONS
The intent of these regulations is to establish specific standards for all exterior signage
that will ensure continuity, consistency, and harmony with the architectural quality of the
Old Town environment as it may have appeared in the early 1900's.
1. Applicability
These regulations shall apply to all signage within the Tourist Retail Core and
Tourist Serving Residential areas of the Specific Plan. Signage within the
Highway Tourist Commercial District, Community Commercial, Medium Density
Residential District, and High Density Residential Land Use Districts shall comply
with the sign requirements contained in the Development Code and the Signage
Design Guidelines contained in Section IV.J of the Specific Plan.
2. Permit Required
Unless specifically stated in these regulations, a sign permit is required prior to
placing, erecting, moving, reconstructing, altering, or displaying any sign within
the Specific Plan.
3. Prohibitions
No person shall erect, re-erect, construct, enlarge, alter, move, improve, remove,
convert, or equip any sign or sign structure or cause or permit the same to be
done contrary to, or in violation of, the provisions of these sign regulations. All
signs not expressly permitted by this Section are prohibited. No application for
sign permit or other application for a prohibited sign shall be accepted, acted
upon, or approved.
4. Prohibited Signs in Old Town
Freestanding signs on lots with less than 150' of road frontage (except
for mini monument signs)
Roof mounted signs
Animated signs, including time and temperature displays
Rotating, moving, emitting, or flashing signs
Balloon signs
Ambient air balloons
Internally illuminated signs, including front and back lit awning and
window locations
C:\WINDOWS\apsdoc\nettemp\2580\$ASQpdf801551.doc 14
Neon tube signs
Window signs above the second story
Paper, cloth, or plastic streamers or bunting - except holiday decorations
Formed plastic or injection molded signs
Statues used for advertising
Traffic sign replicas
Vehicle signs
Any sign not permitted by this Specific Plan
Any sign prohibited by the Development Code and not expressly
permitted in this Specific Plan
5. Permitted Signs
Mini monument Signs (for buildings constructed before 1994)
Wall Mounted Signs (business identification)
Hanging Signs
Rear and Interior Facing Signs
Supergraphics
Freestanding Signs
Window Signs
Under Canopy Signs
Awning Signs
Projecting Signs
Indirectly Illuminated Signs
Temporary A-Frame or Sandwich Board Signs
Accessory Signs (examples include building name, directional,
menu board, and daily special signs)
Painted Building Signs (The appropriate location is at the discretion
of the Director of Planning)
6. Sign Standards
a. Allowable Sign Area. Unless specifically exempted for this
requirement, the total amount of signage for each business shall be
limited to the following.
i. Business establishments having a single frontage onto a
public street, creekside or buildings with one building
entrance, are permitted a maximum of 1.5 square feet of sign
per linear foot of business establishment frontage. Each
business may use any combination of the following signs to
arrive at the total allowable square footage. However, each
sign shall not exceed the maximum square footage described
in this Section.
Ii. Business establishments that have frontage onto two public
streets are permitted a maximum of 1.5 square feet of per
linear foot of business establishment frontage along the
primary street and 0.5 square feet of sign area per linear foot
of business establishment frontage along the secondary
street. Business establishments that have frontage along the
Murrieta Creek shall also be permitted a maximum of 1.5
square feet of sign per linear foot of business establishment
C:\WINDOWS\apsdoc\nettemp\2580\$ASQpdf801551.doc 15
along the creek frontage. Each business may use any
combination of the following signs to arrive at the total
allowable square footage. However, each sign shall not
exceed the maximum square footage described in this
Section.
b. Buildinq Surface Siqns. Except as specified below, all building
surface signage shall be counted toward the maximum allowable
sign area.
i. Wall Mounted Siqns. Maximum of one square foot per linear
frontage foot of business establishment. To be located no higher
than the lowest of the following points:
. 25 feet above grade;
. Bottom of the sill line of the second floor windows; or
. Cornice line of the building.
ii. Hanqinq Siqns. As an alternative to the standard wall sign,
an under canopy hanging sign may be used. Hanging signs
must be parallel to the street and, in addition hanging signs
may not exceed 75% of the width of the business frontage or
be more than 12 inches in height. If located over a walkway,
the vertical clearance between the bottom of the sign and
walking grade shall be a minimum of 7 feet.
iii. Rear Facinq Siqns. If a building has parking or pedestrian
access at the rear, each business is permitted a maximum of
one sign, not to exceed 3 square feet. The rear facing sign
can either be located adjacent to the entry point, or on the
exterior rear facing wall of the business.
iv. Interior Facinq Siqns. Where a building has a courtyard or
interior plaza that can not be viewed from the public right of
way, each business shall be permitted a maximum of one
sign, not to exceed 5 percent of the total interior courtyard
wall area of the business. Interior facing signage shall not be
counted toward the overall total sign area permitted for the
business or building.
v. Superqraphics. The purpose of allowing wall supergraphics is to
allow the advertising or depiction of products that may have been
available in an 1890's marketplace. A supergraphic is a mosaic,
mural, painting, graphic art, or combination thereof which is
professionally applied to a building that does not contain any
brand name, product name, letters of the alphabet spelling or
abbreviating the name of any product, company, profession, or
business, or any logo, trademark, trade name, or other
commercial message. Maximum size shall not exceed 60 percent
of wall surface. Supergraphics shall not be counted toward the
overall total sign area permitted for the business or building.
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c. Other BuildinQ SiQns. All window, awning and projecting signs shall be
counted toward the maximum allowable sign area.
i. Permanent Window Sians. On ground level: coverage shall
not exceed 20 percent of the total window and door area
visible from the exterior of the building; on second level:
coverage shall not exceed 30 percent per window. (No
window signs are permitted above second floor).
ii. Awninq Siqns. On ground floor level: coverage shall not exceed
20 percent maximum coverage allo'Ned of the total exterior
surface area of each awning. On the second floor level and
above: coverage shall not exceed 10 percent maximum
coverage allo'Ned of the total exterior surface area of each
awning. Internal illumination prohibited.
n
II
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iii. Proiectinq Siqns. One per business allowed; maximum size may
not exceed 6 square feet and shall not extend more than 4 feet
from the wall surface. -No- n1umination is not allowed. Projecting
signs shall only be attached to buildings, not to poles or other
signs, and shall maintain at least 7 feet of vertical clearance
between the bottom of the sign and walking grade. Projecting
signs may encroach into the public right-of-way a maximum of 3
feet subject to the approval of the Director of Planning. No tenant
may have both a projecting and mini-monument sign.
CIWINOOWSlapsdoclnettempI2580\$ASQpdf801551.doc 17
iv. Under Canopy Slqns One per business allowed. Permitted
under a canopy, roof, covered walkway, or porch; maximum size
of 3 square feet; minimum of 7 feet of vertical clearance shall be
required from walking grade to the bottom of the sign.
d. Freestandina Sians. Freestanding signs shall not be counted
toward the overall total sign area permitted for the business or
building. Only one freestanding sign is allowed per site. For this
purpose, "site" is defined as any single parcel or a group of parcels
developed under a unified development plan, whichever covets the
larger area.
i. Monument Multi-tenant Siqns. A maximum of one double sided
sign per street frontage if said street frontage is over 150 feet.
Height of sign shall not exceed 6 feet above grade. Width shall
not exceed 4 feet. Each tenant placard shall not exceed 12
inches in height. Sign may only be indirectly illuminated; internal
CIWINOOWSlapsdoclnettempI2580\$ASQpdf801551.doc 18
illumination is prohibited. No monument signs are allowed if the
street frontage is less than 150 feet.
ii. Mini Monument Sians. A maximum of one double face mini-
monument sign is permitted if the street frontage is less than
150 feet, if the building existed prior to 1994, and if the
building is set back more that ten feet from the street. The
maximum sign area shall not exceed 6 square feet. Sign may
only be indirectly illuminated; internal illumination is
prohibited. The height of the sign shall not exceed 4 feet. If a
sign is placed on a creative, time appropriate architectural
element such as a covered wagon, wagon wheel, railroad
cart, etc, the height may be increased consistent with period
element at the sole discretion of the Director of Planning. If a
building has more than one tenant or building per lot, there
shall still only be one mini-monument sign allowed.
e. Temporary Sians. Temporary signs shall not be counted toward the
overall total sign area permitted for the business or building. The
types of temporary signs are as follows.
i. Temporarv SiGm; Banners. Temporary grand opening and
special event signs are allowed for each business establishment
on the exterior wall. Signs shall not be attached to any other
freestanding element (porch balustrade, garden wall, tree,
monument sign, vehicle, etc.). Signs shall be constructed of cloth,
canvas, or other durable material. Plastic or vinyl banner signs
are not permitted. The use of neon colored/day glow banner signs
is are also prohibited. All temporary signs, except for A-
Frame/Sandwich Boards, shall abide by the provisions of the
Ordinance Regulating Temporary Signs, as amended.
ii. A-Frame/Sandwich Board Siqn. One A-frame or sandwich board
sign allowed per property on Friday, Saturday, Sunday, and
designated Monday holidays. The size shall not exceed 3.5 feet
high and 2 feet wide. A-frame signs shall not block the sidewalk
and shall not be illuminated. No permit is required for A-frame
and sandwich board signs which comply with these provisions.
f. Accessory Sians. Accessory signs shall not be counted toward the
overall total sign area permitted for the business or building. The
types of accessory signs are as follows.
i. Buildina Name Sian. The purpose of allowing building name
signs is to allow for the identification of buildings. The
maximum size shall not exceed 10 percent of the wall
surface. In the event that the building name advertises one or
more businesses located within the building, the signage will
not be considered a building name sign but will be included
in the total square footage permitted for the business or
building.
C:\WINDOWS\apsdoc\nettemp\2580\$ASQpdf801551.doc 19
ii. Directional SiQns. Interior project directional signage may be
allowed in interior courtyards or adjacent to stairways or elevators,
to guide patrons to rear area and upstairs tenants. The
maximum size may not exceed , up to 3 square feet. in size,
iii. Menu Boards. One menu board is allowed for each restaurant or
other eating establishment. t:If}--te- The maximum size may not
exceed 4 square feet. in area, Menu Boards may contain only
the name of the establishment and the food available inside. The
menu board must be located on a wall adjacent to the main
customer entrance.
.A.1=Il'rtIpn'a1e
r"C"~O/1/"r
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k. Multi Tenant Proiect Sians. Any project that proposes to provide
space for more than one tenant shall indicate the size and
approximate location of all signs to be erected on the property at the
time of initial application. Signs shall be sho',Am on elevation
dra'Nings 'Nith accurate dimensions provided.
iv. Dailv Soecial Sians. One display area size near the primary
entrance is allowed for each restaurant or other eating
establishment The maximum size is 4 square feet
g. Flaas. A maximum of three colored flags may be displayed at any
one time. The maximum size is 6 square feet These flags may not
contain writing, insignias, or logos.
CIWINOOWSlapsdoclnettempI2580\$ASQpdf801551.doc 20
Miscellaneous and Tvpoqraphic Chanqes
1. Add the following use to the List of Uses in Table 111-1:
I LIST OF USES
Day Spa
I TSR'
HT
I OTC I T~C I
cc
p
2. In Table 111-1, revise footnote Number 2 to read as follows:
"2 The uses are is limited to either the second floor (or higher) or to a location that
does not front upon or open directly onto either fIGR-Old Town Front Street
orane n9n Main Street parGel 5."
3. In Section III.F.3.c, revise item iv to read as follows:
"iv. Structures with heights greater than twG three stories shall set back on the street
frontage sides for the fourth floor portion of the structure a minimum of 10 feet
except in cases of exceptional building-design and material quality or when
the Director of Planning determines that a distance of less than 10 feet is
appropriate. "
4. Amend Table 111-2 by replacing the minimum private opens space per unit in the
TRC/TSR zoning district from -'150- to 75 square feet per unit and by adding a footnote
number 7 beside the "75 sq. ft." under the Minimum Private Open Space/Unit for the
TSR/TSR Planning Area to read as follows:
"7. In lieu of providing 75 square feet of private open space per unit for mixed use
projects, the amount of private open space may be reduced if combined with
common private open space, as long as the total open space required for the
project remains the same. "
5. Amend Table 111-2 by modifying footnote number 3 to read as follows:
"3. Buildings shall be setback exactly ten feet if no covered arcade or porch is provided at
the front of the building except in cases of exceptional building-design and material
quality and when the Director of Planning determines that a lesser distance will
achieve the streetscape goals of this Specific Plan."
6. Amend Table 111-2 by modifying footnote number 6 to read as follows:
"6. Landscaping of the front yard for residential projects in the TSR Planning Area is
required. Limited accent landscaping sh91Jle shall be provided whenever possible in all
other circumstances, and always between the front of the building and the public
right-of-way. "
C:\WINDOWS\apsdoc\nettemp\2580\$ASQpdf801551.doc 21
7. In the Title for Section III.E.3, replace the second "Cedes" with "Regulations".
8. In Section IV.B.1, add a new bullet item to the list of discouraged materials to read as
follows:
". Plywood"
9. In Section IV.B.1, revise the last bullet item for Guideline 7 to read as follows:
". Rough textured vertical wood siding (slJGh as plyweed) with appropriately
spaced wooden battens."
10. In Sections IV.B.1 and 3, replace the words "Herita!je Celers" with 'Preservation
Exterior Palette".
C:\WINDOWSlapsdoclnettemp\2580\$ASQpdf801551.doc 22
COUNCIL BUSINESS
ITEM NO. 33
Approvals
City Attorney
Director of
Finance
City Manager
1#-~
CI2.
~
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Grant Yates, Assistant to the City Manager
DATE: May 23,2006
SUBJECT: Tobacco Ordinance-Retail Licensing (At the request of Mayor Roberts and
Mayor Pro Tem Washington)
PREPARED BY: Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 5.24 TO THE TEMECULA
MUNICIPAL CODE REGARDING THE LICENSURE OF TOBACCO
RETAILERS
2. Provide direction to Staff on other possible smoking and tobacco ordinance provisions.
BACKGROUND: On September 13, 2005 the Riverside County Board of Supervisors
voted unanimously to adopt County Ordinance 838 which requires all merchants who retail
tobacco in Riverside County to obtain a license from the County Department of Health. Upon
adoption of this county ordinance, the Board expressed its desire for all 24 cities in Riverside
County to adopt the ordinance to provide uniformity countywide. Experience in other
jurisdictions of the state has shown that licensing tobacco retailers greatly reduces the illegal
sales of tobacco to minors.
The need to introduce this tobacco ordinance is based on the following findings:
o Minors obtain cigarettes and other tobacco products at alarming rates. Each year, an
estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age,
yielding the tobacco industry $480 million in profits from underage smokers nationwide.
In Riverside County, 10,000 teens light up forthe first time and purchase 5 million packs
of cigarettes a year.
D In a 2004 California youth-buying survey, 12% of retailers surveyed unlawfully sold
tobacco product to minors.
D The rate of tobacco sales to minors in Riverside County is one of the highest in the State
at 44%.
D 88% of adults who have ever smoked tried their first cigarette by the age of 18, and the
average age at which smokers try their first cigarette is 1411,.
D A requirement for a tobacco retailer license will not unduly burden legitimate business
activities of retailers who sell or distribute cigarettes or other tobacco products to adults.
It will, however, allow the City to regulate the operation of lawful businesses to
discourage violations of federal, state, and local tobacco-related laws.
D 65% of California's key opinion leaders surveyed support implementation of tobacco-
licensing requirements.
It is the intent of this ordinance to (1) promote compliance with federal, state, and local laws
intended to regulate tobacco sales and use; (2) discourage the illegal purchase of tobacco
products by minors; (3) promote compliance with laws prohibiting sales of cigarettes and
tobacco products to minors; and (4) finally, and most importantly, protecting children from being
lured into illegal activity through the misconduct of adults.
A retailer who wishes to sell tobacco or tobacco related products will be required to complete a
Tobacco Retailer License application. No fee will be associated with this application process as
itwill be incorporated into the existing $35 business license fee. However, the City Council does
retain the authority to establish a separate fee at a later time.
If and when this ordinance becomes effective, staff will begin the licensing program for retailers
for the balance of the calendar year 2006. This will allow staff to coordinate the Tobacco
Licensing Program to the annual Business License renewal program. Enforcement of this
ordinance will become a joint responsibility for both the Temecula Police Department as well as
the City's Code Enforcement Division. Tobacco retailer licenses will not be transferable from
one owner to a new owner and the Tobacco Ordinance outlines details associated with
violations, including civil penalties and revocation and/or suspension of licenses for those
retailers found in violation.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
Ordinance No. 06-
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 5.24 TO THE
TEMECULA MUNICIPAL CODE REGARDING THE
LICENSURE OF TOBACCO RETAILERS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN
AS FOLLOWS:
Section 1.
Chapter 5.24, Licensure of Tobacco Retailers, is hereby added to
the Temecula Municipal Code to read as follows:
"CHAPTER 5.24
LICENSURE OF TOBACCO RETAILERS
Sec. 5.24.010. FINDINGS.
that:
The City Council hereby finds, determines and declares
A. Minors obtain cigarettes and other tobacco products at alarming rates. Each year,
an estimated 924 million packs of cigarettes are consumed by minors 12 to 17
years of age, yielding the tobacco industry $480 million in profits from underage
smokers nationwide. In Riverside County, 10,000 teens light up for the first time
and purchase 5 million packs of cigarettes a year.
B. In a 2004 California youth buying survey, 12% of retailers surveyed unlawfully
sold tobacco product to minors.
C. The rate oftobacco sales to minors in Riverside County is one ofthe highest in
the State at 44%.
D. 88% of adults who have ever smoked tried their first cigarette by the age of 18,
and the average age at which smokers try their first cigarette is 14Yz.
E. A requirement for a tobacco retailer license will not unduly burden legitimate
business activities of retailers who sell or distribute cigarettes or other tobacco
products to adults. It will, however, allow the City to regulate the operation of
lawful businesses to discourage violations offederal, state, and local tobacco-
related laws.
F. 65% of California's key opinion leaders surveyed support implementation of
tobacco-licensing requirements.
888908.1 May 10, 2006
1
Sec. 5.24.020. PURPOSE AND INTENT
The City of Temecula has a substantial interest in: (l) promoting compliance with federal, state,
and local laws intended to regulate tobacco sales and use; (2) discouraging the illegal purchase of
tobacco products by minors; (3) in promoting compliance with laws prohibiting sales of
cigarettes and tobacco products to minors; and (4) finally, and most importantly, protecting
children from being lured into illegal activity through the misconduct of adults. It is the intent of
this Chapter to encourage responsible tobacco retailing and to discourage violations of tobacco-
related laws, especially those that prohibit or discourage the sale or distribution of tobacco
products to minors, but not to expand or reduce the degree to which the acts regulated by federal
or state law are criminally proscribed or to alter the penalty provided therefore.
Sec. 5.24.030 DEFINITIONS.
For the purposes ofthis Chapter, the following words and terms shall have the following
meanmgs:
A. "Arm's Length Transaction" shall mean: A sale in good faith and for valuable
consideration that reflects the fair market value in the open market between two
informed and willing parties, neither under any compulsion to participate in the
transaction. A sale between relatives, related companies or partners, or a sale for
the primary purpose of avoiding the effect ofthe violations ofthis Chapter is
presumed not to be an Arm's Length Transaction.
B. "City Manager" shall mean: The City Manager of the City of Temecula or his or
her designee.
C. "Person" shall mean: Any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
D. "Proprietor" shall mean: A Person with an ownership or managerial interest in a
business. An ownership interest shall be deemed to exist when a Person has a ten
percent (l 0%) or greater interest in the stock, assets, or income of a business other
than the sole interest of security for debt. A managerial interest shall be deemed
to exist when a Person can or does have, or can or does share, ultimate control
over the day-to-day operations of a business.
E. "Self-Service Display" shall mean: The open display of Tobacco Products or
Tobacco Paraphernalia in a manner that is accessible to the general public without
the assistance ofthe retailer or employee ofthe retailer. A Vending Machine is a
form of Self-Service Display.
F. "Smoking" shall mean: Possessing a lighted Tobacco Product, Tobacco
Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar,
or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco
Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of
any kind).
G. "Tobacco Paraphernalia" shall mean: Cigarette papers or wrappers, pipes, holders
of smoking materials of all types, cigarette rolling machines, and any other item
888908.1 May 10, 2006
2
designed for the smoking, preparation, storing, or consumption of Tobacco
Products.
H. "Tobacco Product" shall mean: (l) any substance containing tobacco leaf,
including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any
product or formulation of matter containing biologically active amounts of
nicotine that is manufactured, sold, offered for sale, or otherwise distributed with
the expectation that the product or matter will be introduced into the human body
but does not include any product specifically approved by the Federal Food and
Drug Administration for use in treating nicotine or tobacco product dependence.
1. "Tobacco Retailer" shall mean: Any Person who sells, offers for sale, or does or
offers to exchange for any form of consideration, tobacco, Tobacco Products, or
Tobacco Paraphernalia. "Tobacco Retailing" shall mean the doing of any of these
things. This definition is without regard to the quantity of tobacco, Tobacco
Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered
for exchange.
Sec. 5.24.040. TOBACCO LICENSE PREREQUISITE; APPLICATION PROCESS.
A. It shall be unlawful for any Person to act as a Tobacco Retailer without first
obtaining and maintaining a valid Tobacco Retailer's license pursuant to this
Chapter for each location at which that activity is to occur.
B. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license,
including, for example, a revoked license:
1. Shall keep all Tobacco Products and Tobacco Paraphernalia from public
view. The public display of Tobacco Products or Tobacco Paraphernalia
in violation ofthis provision shall constitute an "offer for sale" for the
purposes of Section 5.24.050 C.
2. Shall not display any advertisement relating to Tobacco Products or
Tobacco Paraphernalia that promotes the sale or distribution of such
products from the Tobacco Retailer's location or that would lead a
reasonable consumer to believe that such products can be obtained at the
Tobacco Retailer's location.
C. Nothing in this Chapter shall be construed to grant any Person obtaining and
maintaining a Tobacco Retailer's license any status or right other than the right to
act as a Tobacco Retailer at the location in the City identified on the face ofthe
license. For example, nothing in this Chapter shall be construed to render
inapplicable, supersede, or apply in lieu of any other provision of applicable law,
including, without limitation, zoning regulations or any condition or limitation on
smoking in enclosed places of employment made applicable to business
establishments by California Labor Code section 6404.5.
888908.1 May 10, 2006
3
D. Application for a Tobacco Retailer's license shall be submitted in the name of
each Proprietor proposing to conduct retail tobacco sales and shall be signed by
each Proprietor or an authorized agent thereof. It is the responsibility of each
Proprietor to be informed of all applicable federal, state and local statures, laws,
regulations and ordinances, including, without limitation, the laws affecting the
issuance of a Tobacco Retailer's license. A license that is issued in error or on the
basis offalse or misleading information supplied by a Proprietor shall be revoked
pursuant to Section 5.24.100 D. of this Chapter.
E. All applications shall be submitted on a form supplied by the City Manager and
shall contain the following information:
1. The name, address, and telephone number of each Proprietor.
2. The business name, address, and telephone number ofthe single fixed
location for which a Tobacco Retailer's license is sought.
3. The name and mailing address authorized by each Proprietor to receive all
license-related communications and notices (the "Authorized Address"). If
an Authorized Address is not supplied, each Proprietor shall be understood
to consent to the provision of notice at the business address specified in
subparagraph E.2. above.
4. Proofthat the location for which a Tobacco Retailer's license is sought has
been issued a valid state tobacco retailer's license by the California Board
of Equalization.
5. Whether or not any Proprietor is a Person who has been determined to
have violated this Chapter or has been a Proprietor at a location that has
been determined to have violated this Chapter and, if so, the dates and
locations of all such violations.
6. Such other information as the City Manager deems necessary for the
administration or enforcement ofthis Chapter.
7. The information required by this Section E. shall be a public record
available for public review pursuant to the California Public Records Act.
Sec. 5.24.050. LICENSE ISSUANCE; STANDARDS.
A. No license may issue to authorize Tobacco Retailing at other than a fixed
location. For example, Tobacco Retailing by Persons on foot and Tobacco
Retailing from vehicles are prohibited.
B. Upon the receipt of an application for a Tobacco Retailer's license and the license
fee, the City Manager shall issue a license unless substantial record evidence
demonstrates that one of the following bases for denial exists:
1. The application is incomplete or inaccurate.
2. The application seeks authorization for Tobacco Retailing at a location for
which a prohibition on issuing licenses is in effect pursuant to Section
888908.1 May 10, 2006 4
5.24.100 B. of this Chapter. However, this subparagraph shall not
constitute a basis for denial of a license if the applicant provides the City
with documentation demonstrating by clear and convincing evidence that
the applicant has acquired or is acquiring the location or business in an
Arm's Length Transaction.
3. The application seeks authorization for Tobacco Retailing for a Proprietor
for which a prohibition on issuing licenses is in effect pursuant to Section
5.24.100 B. of this Chapter.
4. The application seeks authorization for Tobacco Retailing that is
prohibited pursuant to Section 5.24.050 A. of this Chapter, that is unlawful
pursuant to any other City Chapter, or that is unlawful pursuant to any
other local, state, or federal law.
Sec. 5.24.060 . LICENSES NONTRANSFERABLE.
A. A Tobacco Retailer's license is nontransferable. Ifthe information required in the
license application pursuant to Section 5.24.040 G. 1.,2., or 3. changes, a new
Tobacco Retailer's license is required before the business may continue to act as a
Tobacco Retailer. For example, if a Proprietor to whom a license has been issued
changes business location, that Proprietor must apply for a new license prior to
acting as a Tobacco Retailer at the new location. Or ifthe business is sold, the
new owner must apply for a license for that location before acting as a Tobacco
Retail er.
B. Notwithstanding any other provision ofthis Chapter violations accumulated
against a location or business shall continue to be counted against the location or
business unless the location or business has been transferred to a new Proprietor
and the new Proprietor provides the City with documentation demonstrating by
clear and convincing evidence that the new Proprietor has acquired or is acquiring
the location or business in an Arm's Length Transaction.
Sec. 5.24.070.
TERMS FOR LICENSE; LICENSE FEE.
A. The term of a Tobacco Retailer license is one (l) year expiring on January 31 of
the next year, except for licenses issued in 2006 which shall exprire on January
31, 2007. Licenses issued during a year shall expire on January 31 of the next
year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco
Retailer's license no later than thirty (30) days prior to expiration of the term.
B. The City Council, may, but shall not be required to, set a license fee for a
Tobacco Retailer license. If the Council elects to enact a Tobacco Retailer license
fee, the fee shall be set by City Council resolution based upon the costs to the City
of administering and enforcing this Chapter. Tobacco Retailer license shall not be
888908.1 May 10, 2006
5
until such time as the appropriate license fee has been paid in full.
Sec. 5.24.080 .
OTHER REQUIREMENTS AND PROHIBITIONS.
A. DISPLAY OF LICENSE. Each license shall be prominently displayed in a
publicly and readily visible location at the licensed location.
B. POSITIVE IDENTIFICATION REQUIRED. No Person shall engage in Tobacco
Retailing without first examining the identification ofthe purchaser, if the
purchaser reasonably appears under the age oftwenty-seven (27) years old, and
confirming that the proposed sale is to a purchaser who is at least the minimum
age in state law for being sold the Tobacco Product or Tobacco Paraphernalia.
C. MINIMUM AGE FOR PERSONS SELLING TOBACCO. No Person shall
engage in Tobacco Retailing ifthe Person is younger than the minimum age in
state law for being sold or for possessing any Tobacco Product.
D. SELF-SERVICE DISPLAYS PROHIBITED. No Person shall display Tobacco
Products or Tobacco Paraphernalia by means of a Self-Service Display or to
engage in Tobacco Retailing by means of a Self-Service Display. A Tobacco
Retailer who chooses to display Tobacco Products or Tobacco Paraphernalia in a
locked cabinet, case or similar structure must post a clear and conspicuous sign on
or within five feet ofthe display stating that the cabinet, case or structure is
locked at all times.
Sec. 5.24.090.
LICENSE VIOLATION.
A. VIOLATION OF TOBACCO-RELATED LAWS. It shall be a violation ofa
Tobacco Retailer's license for a licensee, including his or her agent or employee,
to violate any of the following laws:
1. Any local, state, or federal tobacco-related law.
2. Local, state, or federal sign laws.
3. Local, state, or federal laws restricting the age of purchase for any
product.
C. LICENSE COMPLIANCE MONITORING.
1. Compliance with this Chapter shall be monitored by the City Manager.
Any peace officer may enforce the provisions ofthis Chapter.
2. Compliance checks shall determine, at a minimum, ifthe Tobacco Retailer
is conducting business in a manner that complies with tobacco laws
regulating youth access to tobacco. When appropriate, the compliance
checks shall determine compliance with other tobacco-related laws.
888908.1 May 10, 2006 6
3. The City shall not enforce any tobacco-related minimum-age law against a
Person who otherwise might be in violation of such law because ofthe
Person's age (hereinafter "Youth Decoy") if the potential violation occurs
when:
a. the Youth Decoy is participating in a compliance check supervised
by a peace officer or a code enforcement official; or
b. the Youth Decoy is participating in a compliance check funded in
part, either directly or indirectly through sub-contracting, by the
City Manager or funded in part, either directly or indirectly
through sub-contracting, by the California Department of Health
Services.
C. NO CONTEST PLEA. A plea of "no contest" or its equivalent by a Tobacco
Retailer for a violation of any law designated in subsection (a) above shall operate
as an admission that this Chapter has been violated for the purposes of license
revocation.
Sec. 5.24.100. REVOCATION OR SUSPENSION OF LICENSE.
A. SETTLEMENT OF INITIAL LICENSE VIOLATIONS.
1. Ifthe City Manager determines that a Tobacco Retailer has that the
licensee, including his or her agents or employees, has violated any ofthe
requirements, conditions, or prohibitions ofthis Chapter ("License
Violation"), the City Manager may engage in settlement discussions to try
to resolve the violations and prevent their reoccurrence.
2. For a first or second alleged License Violation within any sixty-month
(60) period, the City Manager may engage in settlement negotiations and
may enter into a settlement agreement with a Tobacco Retailer alleged to
have violated this Chapter without approval from the City Council.
Settlements shall not be confidential and shall contain the following
minimum terms:
a. After an alleged first License Violation at a location within any
sixty-month (60) period:
(1)
An agreement to stop acting as a Tobacco Retailer for at
least one (1) day;
A settlement payment to the City of at least one thousand
dollars ($1000); and
(2)
888908.1 May 10, 2006
7
(3) An admission that the violation occurred and a stipulation
that the violation will be counted when considering what
penalty will be assessed for any future violations.
b. After an alleged second License Violation at a location within any
sixty-month (60) period:
(l) an agreement to stop acting as a Tobacco Retailer for at
least ten (l0) days;
(2) a settlement payment to the City of at least five thousand
dollars ($5000); and
(3) an admission that the violation occurred and a stipulation
that the violation will be counted when considering what
penalty will be assessed for any future violations.
B. REVOCATION OR SUSPENSION OF LICENSE
1. Ifthe City Manager has cause to believe that (l) a Tobacco Retailer,
including his or her agents or employees, has violated any ofthe
requirements, conditions, or prohibitions ofthis Chapter, or (2) that one or
more of the bases for denial of a license under Section 5.24.050 B. existed
at the time application was made or at anytime before the license issued,
he or she may initiate proceedings for the revocation or suspension of the
Tobacco Retailer's License pursuant to this section in addition to any of
the other remedies provided for violations ofthis Chapter.
2. The City Manager shall provide written notice to the Tobacco Retailer and
the City Clerk ofthe alleged violations ofthis Chapter and the date, time
and location ofthe Revocation Hearing not less than twenty-one (21)
calendar days prior to the hearing.
3. The City Clerk shall make arrangements for the selection of a Hearing
Officer to conduct the Revocation Hearing. Not less than fifteen (15)
calendar days prior to the Revocation Hearing, the City Clerk shall notify
the City Manager and the Tobacco Retailer of the names three qualified
attorneys or retired Superior Court or Appellate Court judges submitted to
the City Clerk by a reputable firm providing mediators and arbitrators to
serve as a panel from which the hearing officer will be selected. Within
five (5) calendar days of the date of mailing the notice of the panel, the
City Manager and the Tobacco Retailer may notify the City Clerk in
writing that he or she elects to remove one ofthe three potential Hearing
Officers. The City Clerk shall then request the mediation and arbitration
firm to select one ofthe remaining names on the list as the designated
hearing officer for the Revocation Hearing. The hearing officer shall be
fair and impartial and shall have no bias for or against the City Manager or
the Tobacco Retailer.
888908.1 May 10, 2006 8
4. At the Revocation Hearing, the Hearing Officer shall receive oral and
written evidence from the City Manager and the Tobacco Retailer. The
Hearing Officer shall have authority to administer oaths to those persons
who will provide oral testimony. The evidence presented need not comply
with the strict rules of evidence set forth in the California Evidence Code
but shall be the type of evidence upon which reasonable and prudent
people rely upon in the conduct of serious affairs. The Hearing Officer
shall have broad authority to control the proceedings and to provide for
cross examination of witness in a fair and impartial manner. The City
Manager shall have the burden of proof to establish by clear and
convincing evidence that License Violations occurred. The Revocation
Hearing shall be recorded by audio recording. Any party may, at its sole
cost and expense, utilize the services of a certified court reporter to
prepare the verbatim record ofthe hearing. If a court reporter is used, the
transcript prepared shall be made available to both parties. The Hearing
Officer may continue the Revocation Hearing from time to time, but only
upon written motion of a party showing good cause for the continuance.
5. In addition to any other penalty authorized by law, a Tobacco Retailer's
license shall be suspended or revoked if the Hearing Officer finds,
following the Revocation Hearing, that: (1) a Tobacco Retailer, including
his or her agents or employees, has violated any ofthe requirements,
conditions, or prohibitions ofthis Chapter, or (2) that one or more of the
bases for denial of a license under Section 5.24.050 B. existed at the time
application was made or at anytime before the license issued.
888908.1 May 10, 2006
a.
The Hearing Officer shall suspend the Tobacco Retailer's License
in accordance with the following schedule if he or she finds that
the violations established can be corrected with increased diligence
on the part of the Tobacco Retailer: (1) for one License Violation
at a location within a sixty (60) month period, a suspension of not
less than ten (10) calendar days; (2) for two License Violations at a
location within any sixty-month (60) period, as suspension of not
less than thirty (30) days; and (3) for three License Violations at a
location within any sixty (60) month, a suspension of not less than
ninety (90) days.
b.
The Hearing Officer shall revoke the Tobacco Retailer's License if
he or she finds that: (1) one or more ofthe bases for denial of a
license under Section 5.24.050 B. existed at the time application
was made or at anytime before the license issued; or (2) the
License Violations established are of a serious nature which the
Tobacco Retailer is unable or unwilling to correct in a timely
fashion or there are four (4) or more License Violations at the
location within a sixty (60) month period.
9
6. Within ten (10) calendar days ofthe Revocation Hearing, the Hearing
Officer shall render his or her decision and make written findings
supporting the decision. He or she shall send the decision to the City
Clerk. Upon receipt ofthe Hearing Officer's Decision, the City Clerk
shall send a copy of it to the City Manager and the Tobacco Retailer along
with a proof of mailing.
7. Within ten (10) calendar days from date ofthe City Clerk's mailing of the
Decision, either party may appeal the Decision to the City Council. The
appeal shall be in writing and shall state the grounds ofthe appeal and
specify the errors in the Decision. Upon receipt ofthe Appeal, the City
Clerk shall schedule the Appeal for review by the City Council at the next
Council meeting not less than fifteen (15) calendar days after receipt of the
Appeal.
8. The Council review ofthe Appeal shall be limited to determining whether
the evidence received at the Revocation Hearing supports the findings and
decision ofthe Hearing Officer. The Council shall be limited to the
evidence presented at the Revocation Hearing. No new evidence shall be
taken by the City Council. The Council's decision on the appeal shall be
by resolution. Upon adoption of the resolution, the City Clerk shall mail a
copy ofthe resolution to the City Manager and the Tobacco Retailer along
with a proof of service. Any legal action challenging the Council's
decision shall be filed within ninety (90) days ofthe date ofthe proof of
service of mailing the Council's resolution pursuant to Section 1094.5 et.
seq. ofthe California Code of Civil Procedure. If the Council upholds the
revocation of a Tobacco Retailer's License, the revocation shall be
effective upon adoption ofthe Council resolution.
C. NEW LICENSE FOLLOWING REVOCATION. If a License has been revoked
pursuant to Section B., the Tobacco Retailer shall not be entitled to apply for a
new license for a period of five years following the order of revocation.
D. NEW LICENSE FOLLOWING VIOLATIONS. In addition to any other penalty
under this Chapter a Person found to have engaged in Tobacco Retailing without
a valid Tobacco Retailers license shall be ineligible to apply for or be issued a
Tobacco Retailing license according to the following:
1. After a first violation for a Person within any sixty-month (60) period, no
new license may issue for the Person as a Proprietor until thirty (30) days
have passed from the date oflast violation.
2. After a second violation for a Person within any sixty-month (60) period,
no new license may issue for the Person as a Proprietor until ninety (90)
days have passed from the date of last violation.
888908.1 May 10, 2006
10
3. After three or more violations for a Person within any sixty-month (60)
period, no new license may issue for the Person as a Proprietor until five
(5) years have passed from the date oflast violation.
E. EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely
renewed pursuant to Section 5.24.070 A. shall expire at the end of its term. To
reinstate a license that has expired due to the failure to timely pay the renewal fee,
the proprietor must:
1. Submit the renewal fee plus a reinstatement fee often percent (10%) of
the renewal fee.
2. Submit a signed affidavit affirming that the Proprietor has not sold any
Tobacco Product or Tobacco Paraphernalia during any period that the
license was expired.
Sec. 5.24.110. ENFORCEMENT. The remedies provided by this Chapter are cumulative
and in addition to any other remedies available at law or in equity.
A. Whenever evidence of a violation ofthis Chapter is obtained in part through the
participation of a Person under the age of eighteen (18) years old, such a Person
shall not be required to appear or give testimony in any civil or administrative
process brought to enforce this Chapter and the alleged violation shall be
adjudicated based upon the sufficiency and persuasiveness ofthe evidence
presented.
B. Violations ofthis Chapter shall also be subject to administrative action pursuant
to Chapter 1.21 of the Temecula Municipal Code, Administrative Penalties, and
Chapter 1.24 ofthe Temecula Municipal Code, Community Standards
Preservation.
C. Violations ofthis Chapter may, in the discretion ofthe District Attorney or City
Counsel, be prosecuted as infractions or misdemeanors.
D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of
this Chapter shall constitute a violation.
E. Violations ofthis Chapter are hereby declared to be public nuisances.
F. Violations ofthis Chapter are subject to a civil action brought by the City
Attorney to enjoin violations of this Chapter."
G. Each day that a Person engages in Tobacco Retailing without a valid Tobacco
Retailers license shall constitute a separate violation.
H. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in
violation ofthis Chapter are subject to seizure and forfeiture. Forfeited Tobacco
Products and Tobacco Paraphernalia shall be destroyed."
888908.1 May 10, 2006
11
Section 2. SEVERABILITY. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase ofthis Chapter, or its application to any person or circumstance, is for
any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the validity or enforceability of the remaining sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases ofthis Chapter, or its application to any other person or
circumstance. The City Council ofthe Temecula hereby declares that it would have adopted each
section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the
fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
888908.1 May 10, 2006
12
ITEM NO. 34
Approvals
City Attorney
Director of Finance
City Manager
V
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9c
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mitch Aim, Chief of Police
DATE:
May 23, 2006
SUBJECT:
Overview and Discussion of Police Department Dispatch System
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: The City Council to receive a presentation on the 911 Dispatch
system and discuss components of the system with staff.
BACKGROUND: This presentation is being delivered at the request of Council
Members Edwards and Comerchero based on a citizen concern regarding the phone delay via the
Police Department dispatch center. Captain Grotefend from the Sheriff's Department
Communications Center, which serves as the dispatch center for the City of Temecula, will give a
brief multimedia presentation. The focus of this presentation will be the prioritization of emergency
and non-emergency calls and the process of dispatching calls from the communications center to
Temecula Police Officers. He will also discuss the process of routing 911 calls from cellular
customers.
After the presentation, there will be a brief session to address additional questions and concerns.
DEPARTMENTAL
REPORTS
ITEM NO. 35
Approvals
City Attorney
Director of Finance
City Manager
fI'/"
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~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
May 23, 2006
SUBJECT:
Department of Public Works Monthly Activity Report
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of April, 2006.
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
April I May 2006
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: May 23, 2006
PROJECTS UNDER CONSTRUCTION
1. Old Town Community Theatre
This project will construct a 20,000 square foot community theater complex and refurbishes the
existing Mercantile Building. Construction started on 3-3-04. This project is complete. The grand
opening took place on 10/04/05. Punch list items and close out items will likely be on-going for
next one to two months. In the process of negotiating disputed work items.
2. Fire Station - Northeast Site (Roripaugh Ranch)
This project will construct a new fire station in the north part of the City. Contract completion date is
March 2006. Work is focused on punch list items. Although the station will be complete in March, it
will be roughly 6 to 12 months before the Roripaugh Ranch Developer can provide access and
utilities to the site. As a result, there will be a cost to re-mobilize and complete the project when the
aforementioned items are complete, which the Developer is responsible for. In addition, a fire
engine/truck venting system (requested added on 2/06) will be installed when the Contractor is re-
mobilized.
3. Patricia H. Birdsall Sports Park
A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow
Way. Bids were opened on September 16, 2004. The contract was awarded to Douglas E.
Barnhart, Inc. at the September 28, 2004 Council meeting. The contract award amount is
$13,365,055.51. On-going work include scattered areas of concrete f1atwork, some stairways at ball
fields, basketball baskets & boards, shade structure fabric, walkway lighting, playground lighting,
equipment, and resilient surfacing, BBQs, basketball court and parking lot striping, and landscaping.
The Contractor's request for contract days extension, which will likely extend contract completion
into June, is still under review by the City.
4. Patricia H. Birdsall Sports Park Synthetic Turf
As part of the sports park project, a separate contract to install synthetic turf on four fields, three
soccer fields and a championship field that includes football overlay, was awarded to Byrom-Davey.
Project acceptance is postponed until the contractor completes all the required work on all the fields.
5. Temecula Library
A full service library, approximately 34,000 square feet in area, has been designed and will be built
on Pauba Road, just west of Fire Station #84. The City was successful in obtaining State grant to
aid in funding the library. The structural steel has all been erected and welding has been completed.
The metal decking is being installed. The parking lot has been paved. Work continues on the
buildings interior including framing, plumbing, fire sprinklers, ductwork and electrical rough in.
Scaffolding is set on the south side of the building and the lath and plaster will follow.
6. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 1
Under this project, an expansion of the maintenance facility will be built on the property adjacent to
City Hall. Western Rim Constructors (WRC) was awarded the project with a low bid of $636,094.80.
The pre-con meeting was held on 10-6-05. The construction of this project has been completed.
Punch list was provided to the contractor and the few items on that list will be taken care of in the
next couple of weeks.
7. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road)
This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate
width. Bids were opened on 01/09/06. Apparent low bidder was Grade Pros Inc. DBA McKenna
with a bid amount of $1,367,663.15. Construction contract was awarded at the City Council meeting
on 01/24/06. The Preconstruction Meeting was held on 02/15/06. The construction began on
02/27/06. Contractor has mobilized. They are working on erosion control, traffic control, grading,
driveways, and the new waterline.
8. Pavement Rehabilitation Program - FY 2005/2006
This project will rehabilitate Diaz Road between Rancho California Road and Winchester road,
including replacement of storm drain pipes. City Council awarded the construction contract to R.J.
Noble Company on 03/28/06. Pre-construction meeting was held on 05/01/06. Beginning of
construction is scheduled for OS/22/06.
9. Citywide Concrete Repairs FY 05-06
This project will remove and replace various concrete improvements including sidewalk, curb and
gutter, cross gutters, driveways approaches, and under sidewalk drains. This project will remove
and replace various concrete improvements including sidewalk, curb and gutter, cross gutters,
driveways approaches, and under sidewalk drains. Contract was awarded on 03/21/06 and work
began in the Redhawk area on 04/17/06.
10. Temecula Education Center- Rough Grading
This project will provide for the grading of the proposed Temecula Education Center. Project was
awarded on 4/11/06. Construction is started on May 1,2006. Import of soil from RCWD began on
May 11,2006. Grading is progress satisfactorily. Resolved RCWD facilities on Diaz and expecting
resolution of EMWD facilities the week of May 15th, after which we will request a price quote from
Yeager to carry out this relocations and/or raising to grade of the impacted utilities.
11. State Route 79 South Medians
Under this project medians will be constructed on Route 79 South within the City of Temecula limits.
A pre-construction meeting was held on May 9th. The contractor is expecting to start work by the
week of May 22nd.
12. Rancho California Median Modifications
This project will add an additional through-lane on Rancho California between Ynez Rd & 1-15. A
2
portion of the existing landscape median will be eliminated/ modified; no additional R/W needed.
Timeline includes: design contract awarded 12/13/05, authorization to solicit bids 3/21, bids due
4/24, award of contract 5/9. The City ordered the traffic signal pole on 3/31. Staff met with EBS to
discuss their plan to construct the project. A Pre-Con has been set for 5/24. This work will be
performed at night.
13. Bridge Fencing
Fences will be installed on bridges over 1-15. Proposed fencing locations are the eastbound sides of
the Overland Drive and Rancho California Road bridges over Interstate 15. Construction bids were
opened on 04/20/06. City Council awarded the contract to Alcorn Fence Company in the amount of
$195,727.50 on 05/09/06.
14. Slurry Seal Project FY 2005-2006, Redhawk Area
This project includes cleaning & sealing cracks in the road surface, removal & replacement of all
pavement delineation, furnishing & installing Rubberized Emulsion - Aggregate Slurry (REAS) Type
II & all necessary traffic control. There are approx, 3,571,850 sf of roadway involved. Bid
authorization was given on 1/24/06. Bids were opened on 2/21/06. The Pre-Con meeting occurred
4/13. The NTP identified 5/15 as the 1 st work day. All American Asphalt has submitted their slurry
seal schedule. Slurrying of streets is to start on 5/30.
PROJECTS BEING ADVERTISED FOR BIDS
NONE
PROJECTS IN DESIGN
1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road)
This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the
Pechanga Parkway Bridge to Pechanga road. The Preliminary Environmental Document (NEPA) of
the project is classified as a Categorical Exclusion with required technical studies (involving Federal
action). Caltrans (Local Assistance) has approved the noise, traffic, and HPSR-ASR studies. The
City expects the following environmental documents to be approved during the week of April 17: Air
Quality, NES/MI, and the ISA (Hazardous Waste) Studies. The City recently filed the final CEQA-
NOD for the project. The entire Environmental document was submitted to Caltrans for approval the
week of April 17. Once Caltrans (Local Assistance) apProves the Environmental Document (ED)
and PS&E package, they will submit the ED and PS&E package to FHW A for their review period of
approximately 3 to 4 weeks. After FHW A approves the ED and PS&E package, the City can then
start the public bid process and proceed with the acquisition of three properties along Pechanga
Parkway. 100% design plans (Mylars) will be signed by the City during the week of May 15th.
2. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road
This project will entail alignment studies and the design of an extension of Overland Drive, westerly
to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening
3
of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland
Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp of
Engineers is required. The City sent copies of the 70% design plans to the utility companies for
comments during the week of April 3. Also, staff will send copies of the 70% design plans to other
City Departments for comments during the week of April 10.
3. Fire Station - Wolf Creek Site
A 9,000 SF fire station will be built @ the corner of Wolf Valley Rd & Wolf Creek Drive South. STK
submitted the 1 st 100% CD submittal on 8/05. Plans will be approved by all departments during the
week of 5/8/06. STK is finalizing specs and producing mylars. It is anticipated that the Plans &
Specs will go out to bid by end of May /early June. The developer began work on monument wall.
Vanir's contract for CM services is being executed. The Fire Permit application is pending approval.
4. Murrieta Creek Multi Purpose Trail
This project will build portions of the equestrian and bike trails along Murrieta Creek within City
limits. The City has received a federal grant of $1,214,000. Caltrans (the administrator of the federal
funds) has given the City the "Authorization to Proceed with Preliminary Engineering." The City is
working with Caltrans, US Army Corps of Engineers (USACE) and Riverside County Flood Control
to coordinate the trail design with the Murrieta Creek Improvement project. The signed
Programmatic Categorical Exclusion (approved environmental document) was received from
Caltrans on April 15, 2005. Final Design is underway and the 90% Plans were reviewed and
comments returned to Kimley-Horn, the design consultant. The next submittal was received in late
September and comments were returned to K-H on Oct. 19, 2005 for revision. Revised Plans and
Specifications were received in late December 2005 and were reviewed by City staff. Comments
went back to the Consultant for revisions and were returned to the City in. early May for the next
review. The City has received construction authorization from Caltrans.
5. Rancho California Road Widening, Old Town Front Street to 1-15 (Souths ide)
This project will provide a right turn lane for southbound 1-15 motorists and provide a dual left turn
lane from westbound RCR to southbound Front Street. Caltrans is currently reviewing the latest
plan submittal which we anticipate being the last one required. Caltrans delays/issues have
impacted the scheduled start date. Union 76 and Denny's have approved their right of entries.
6. Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. A meeting was held on
8/24/05 with Corps of Engineers regarding pursuing the project as stand-alone. Design consultant
Simon Wong Engineering (SWE) is continuing to pursue environmental permitting and coordination
issues associated with pursuing the bridge replacement as a project separate from the Corps of
Engineer's channel improvement project. SWE has also revised their original design proposal for
this project in light of these additional efforts required; additional funding will be required to cover
these revisions. A meeting was held with SWE on 3/16/06 to discuss the revisions and compare to
scope of original contract. A decision is forthcoming on a contract amendment.
7. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2
This project will construct the second phase of the City's Field Operation Center, which include the
building. SCE advised that the existing conduit to City Hall transformer may be used for primary
electrical feed. Final plans have been submitted and are awaiting B&S approval.
4
8. Diaz Road Extension to Cherry Street
This project was previously "On-hold'" pending data from Riverside County Flood Control. With the
construction of the proposed Education Center, this project has become developer driven. Plans
have been routed to various utilities for identification of possible conflicts and to Riverside Flood
Control and Army Corp of Engineers for verification that the proposed roadway is in conformance
with the proposed detention basin within Murrieta Creek.
9. Santa Gertrudis Bicycle/ Trail Undercrossing at Margarita Road
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under
Margarita Road. Data regarding existing utilities are being incorporated into the design. Consultant
is continuing the environmental permitting process and incorporating 100% plans comments.
10. Western Bypass Corridor Alignment Study
This project will provide for an alignment stud for the Western Bypass Corridor. A kick-off meeting
was held on April 20, 2006 with the design consultant URS Corporation. The alignment study is
underway.
11. Western Bypass Bridge Over Murrieta Creek
This project involves the design and environmental clearance of a new bridge over Murrieta Creek at
the terminus of SR-79S and an extension of Pujol Street to the new structure. Once constructed, this
will serve as the southerly connection of the Western Bypass Corridor. Staff has completed
negotiations with TYLlN International on a proposal to complete the design and environmental
clearance phases, and will recommend entering an agreement at Council Meeting scheduled for
OS/23/06.
12. Redhawk Park Improvements, Four Sites
This project will add amenities to four park sites in the recently annexed Redhawk area. A pre-
design meeting will be held soon with the chosen consultant, RJM.
13. Localized Storm Drain Improvements
This project will fix the drainage problem at the south end of Front Street (at the MWD easement).
Baseline right of way, utilities, and mapping are established. This project is currently on hold.
14. Long Canyon Detention Basin. Access Road
This project will construct an access road to the Long Canyon Detention Basin. Plans and
specifications are 90% completed, however winter rains have affected the project conditions and the
scope of work will need to be reevaluated. Project is on hold.
15. Rancho Vista Road Sidewalk
This project involves design and environmental clearance of a new sidewalk along the south side of
Rancho Vista Road between Ynez Road and Mira Loma Drive (east). The Notice of Exemption
(NOE) has been filed with the County. PS&E is 80% complete.
5
16. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek
This project includes the construction of an approx. 200' ped/bike bridge over Santa Gertrudis Creek
near Chaparral H.S. Nolte was awarded a contract to proceed with "Advanced Studies" to further
review the available alternatives & potential costs on the project. Nolte submitted the final report
identifying bridge alternates, costs & their recommendations, on 5/4/06. Staff is to evaluate options
identified in the report for the construction of this project. This is a federally funded project, which will
involve specific steps/actions to environmentally clear it (NEPA document).
17. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the RWQCB by
desilting the channel & pond located near the Sports Park. An US Army Corps of Engineers
Nationwide Permit has been submitted and communication with the Department of Fish & Game is
continuing.
18. Erie Stanley Gardner Exhibit
This project will create an exhibit for the famous author in the museum. Newly down-scoped
construction plans were just submitted by the architect. These plans are being reviewed. The project
will be advertised for bids once the plans and specifications are finalized.
PROJECTS IN THE PLANNING STAGE
1. 1-15/ SR 79 South Interchange. Project Report (PR)
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic.
This is the next step of project development after the completion of the Project Study Report.
City continued development of design geometrics and environmental technical studies. Status is as
. follows:
:>> Project Report - 2nd Submittal sent to Caltrans for review.
:>> Design Exceptions - 3rd Submittal sent to Caltrans for review.
:>> Stormwater Data Report - 2nd Submittal sent to Caltrans for review.
:>> Traffic Study - 3rd Submittal sent to Caltrans for review.
:>> Modified Access Report - 1 st Submittal sent to Caltrans for review.
:>> Geometric Approval Drawings - Under development.
:>> Initial Study Assessment - Approved.
:>> Acoustic Evaluation - Approved.
:>> Air Quality Assessment - Approved.
:>> Nat Environmental Study - 2nd Submittal sent to Caltrans for review.
:>> Cultural Studies - Site surveys continue.
:>> Environmental Document - Under development.
2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans
Specifications, and Estimate (PS&E) Preparation
This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215
split. The project is moving through the Caltrans process. Comments for the second submittal of the
Geometric Approval Drawings (GAD) were received by the City on 5-9-06. The Draft Project Report
6
has been submitted for review. Comments for the Visual Analysis were received by the City on 5-3-
06. Potholing plans were prepared on 5-9-06. New Connection Report, Draft Project report, Fact
Sheets and Traffic Analysis have been submitted to FHWA for review. R/W data sheet is being
prepared. The City & Caltrans met on 5-11-06 to come up with a new schedule for the project. An
updated schedule will be published.
3. French Valley Parkway Interim Southbound Off.Ramp to Jefferson, Auxiliary Lane, and
Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp
. Phase I
The City and Caltrans have agreed that immediate action is required to relieve congestion at the
Winchester Road southbound off-ramp. Caltrans has even agreed to contribute $750,000 to the
construction of an auxiliary lane and widen the bridge over Santa Gertrudis Creek. A southbound
off-ramp to French Valley Parkway will be included in the construction of the improvements at the
Winchester southbound off-ramp provided that all the environmental clearances can be obtained in
time. Caltrans has given authorization to the City to submit the 30% design package for phase 1.
Potholing plans have been prepared. Consultant is working on the environmental issues. As a result
of the schedule determination meeting held on 5-11-06, another schedule for Phase I design and
construction will be developed.
7
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MEMORANDUM
TO: Bill Hughes, Director of Public Works/City Engineer
FROM: f>IjBrad Buron, Maintenance Superintendent
DATE: May 3, 2006
SUBJECT:
Monthly Activity Report - April, 2006
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of April, 2006:
I. SIGNS
II. TREES
A.
B,
C.
Total signs replaced
Total signs installed
Total signs repaired
53
32
31
A.
Total trees trimmed for sight distance and street sweeping concerns
11
III. ASPHALT REPAIRS
A.
B,
Total square feet of A. C. repairs
Total Tons
7.838
605
A.
IV. CATCH BASINS
218
Total catch basins cleaned
A.
V. RIGHT-OF-WAY WEED ABATEMENT
o
Total square footage for right-of-way abatement
VI. GRAFFITI REMOVAL
A,
B.
Total locations
29
5.038
Total S,p.
VII. STENCILING
A. 11 New and repainted legends
B. 28.058 L.p. of new and repainted red curb and striping
R:\MAINTAIN\MOACfRP'J\05.06\
Also, City Maintenance staff responded to 2L service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to....:!L service order requests
for the month of March. 2006.
The Maintenance Crew has also put in 147 hours of overtime which includes standby time, special events and
response to street emergencies.
The total cost for Street Maiutenance performed by Contractors for the month of April. 2006 was $25.300.00
compared to $23.736.00 for the month of March. 2006.
Account No. 5402
Account No. 5401
Account No. 999-5402
$ 21,180,00
$ 2,500.00
$ 1,620.00
cc: Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer (Traffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
Jerry Alegria, Senior Engineer (Land Development)
R:\MAINTAIN\MOAcrRPT\05.06\
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of April, 2006
DATE
ACCOUNT
TOTAL COST
SIZE
Date: 04/17/06
JOHN WARNER RETENTION POND
REMOVE SILT & DEBRIS FROM POND
# 5401
TOTAL COST
$ 2,500.00
Date: 04/06
OLD TOWN
P,C.C, REPAIRS TO DRIVEWAYS, CURB &
GUTTER & RAMPS
# 5402
TOTAL COST
$ 8,865.00
Date: 04/19/06
WALCOTT ROAD NIO KLARER LANE REPAIRS TO SLOPE AND OVER-THE-SIDEWALK
DRAIN DUE TO RAINS
# 5402
TOTAL COST
$ 8,315.00
Date: 04/06
CITYWIDE
TRASH, DEBRIS AND WEED REMOVAL FROM
CITY R.O.W.s
$ 4,000.00
# 5402
TOTAL COST
Date: 04/12/06
SERVICE LEVEL "R"
GRADING OF ALL ROADS IN SERVICE LEVEL "R"
# 999-5402
TOTAL COST
$ 1,620.00
TOTAL COST ACCOUNT #5401
$ 2,500.00
$ 21,180.00
TOTAL COST ACCOUNT #5402
TOTAL COST ACCOUNT #99-5402
$ 1,620.00
R:\MAlNT AIN\MOACfRPT\05.06\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF APRIL, 2006
04103/06 VIA NORTE AT DEL REY A,C. OVERLAY 387 3
04/07/06 CORTE ALBANO POTHOLE 60 TEMP AC
04/10/06 PECHANGA PARKWAY POTHOLE 12 TEMP AC
04/12/06 PEACH TREE S/O DEER HOLLOW R & R AC 650 14
04/12106 OLD TOWN FRONT STREET POTHOLE 4 TEMP AC
04/13/06 WOLF VALLEY ATPECHANGAPARKWAY ACOVERLAY 320 10
04/13/06 PEACH TREE S/O DEER HOLLOW AC OVERLAY 624 10
04/17/06 PEACH TREE S/O DEER HOLLOW AC OVERLAY 180 4
04/17/06 29630 VALLEJO AC OVERLAY 100 t
04/17/06 MARGARITA ROAD POTHOLES 12 TEMP AC
04/18/06 E/B RANCHO CALIFORNIA ROAD E/O YNEZ POTHOLES 182 2,5
04/19/06 41934 MAIN STREET R & R AC 8 5
04/19/06 DE PORTOLA AT MEADOWS PARKWAY AC OVERLAY 220 t
04/19/06 29IIOVALLEJO AC OVERLAY 366 t
04/19/06 CORTE ALBANO AT CORTE ALMERIA AC OVERLAY 132 t
04/19/06 30560 A VENIDA ESTRADA POTHOLE 12 TEMP AC
04/20106 45967 CORTE CARMELLO AC OVERLAY 1,075 II
04/20/06 CAMINO ROSALES AT CORTE MONTOYA AC OL VERLA Y 219 t
04/24/06 A VENIDA ESTRADA AC OVERLAY 1,248 3
04/25/06 COLINA VERDE AC OVERLAY 740 3
04/26/06 RIO NEDO AC OVERLAY 1,287 5
TOTAL S.F. OF REPAIRS 7.838
TOTAL TONS 60.5
R:\MAINTAINIWKCMPLTDlASPHALT.RPR\05.06\APRIL
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF APRIL, 2006
04/03/06 CITYWIDE CLEANED & CHECKED 21 CATCH BASINS
04/04/06 AREA #2 CLEANED & CHECKED 6 CATCH BASINS
04/05/06 AREAS #1 - #4 CLEANED & CHECKED 10 CATCH BASINS
04/06/06 AREAS #1 - #4 CLEANED & CHECKED 8 CATCH BASINS
04/07/06 AREA #2 CLEANED & CHECKED 3 CATCH BASINS
04/10/06 CITYWIDE CLEANED & CHECKED 18 CATCH BASINS
04/I2/06 OLD TOWN FRONT STREET CLEANED & CHECKED 2 CATCH BASINS
04/I 7 /06 CITYWIDE CLEANED & CHECKED 18 CATCH BASINS
04/I 9/06 AREA #3 CLEANED & CHECKED 31 CATCH BASINS
04/20/06 AREA #3 CLEANED & CHECKED 25 CATCH BASINS
04/24/06 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS
04/25/06 AREAS #1 & #4 CLEANED & CHECKED 28 CATCH BASINS
04/26/06 AREA #3 CLEANED & CHECKED 28 CATCH BASINS
04/27/06 AREA #3 CLEANED & CHECKED 6 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 218
R:IJo.1AINTAlN\WKCMPLETD\CATCHBAS\05.06\APRIL
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF APRIL, 2006
04/03/06 WINCHESTER AT SANTA GERTRUDIS BRIDGE REMOVED 64 S.F. OF GRAFFITI
04/03/06 PUJOL AT MAIN STREET REMOVED 5 S,F. OF GRAFFITI
04/03/06 27911 JEFFERSON REMOVED 115 S,F. OF GRAFFITI
04/05/06 MAIN STREET BRIDGE REMOVED 5 S.F. OF GRAFFITI
04/1 0/06 CALLE KATERINE REMOVED 20 S,F, OF GRAFFITI
04/1 0/06 WOLF STORE ROAD AT BUTTERFIELD REMOVED IS S.F, OF GRAFFITI
04/1 0106 WOLF STORE ROAD 100' WIO BUTTERFIELD REMOVED IS S,F. OF GRAFFITI
04/10/06 WOLF STORE ROAD AT APIS REMOVED 2 S.F, OF GRAFFITI
04/10/06 33274 HWY, 79 SO, REMOVED 20 S,F. OF GRAFFITI
04/10/06 32467 HWY, 79 SO, REMOVED 10 S,F. OF GRAFFITI
04/10/06 SANTA GERTRUDIS CREEK AT MARGARITA REMOVED 175 S.F. OF GRAFFITI
04/1 0106 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 64 S.F. OF GRAFFITI
04/1 2/06 EDISON PLANT BEHIND MIRA LOMA REMOVED 945 S.F. OF GRAFFITI
04/1 4/06 RAINBOW CANYON AT BA YHILL REMOVED 40 S.F. OF GRAFFITI
04/1 7/06 BUSINESS PARK DRIVE AT SINGLE OAK REMOVED 85 S,F. OF GRAFFITI
04/1 7/06 PECHANGAPARKWAY AT WOLF VALLEY REMOVED 500 S,F. OF GRAFFITI
04/1 7/06 NO, GENERAL KEARNY AT SANTA GERTRUDIS CREEK REMOVED 10 S,F. OF GRAFFITI
04/1 8/06 45357 TEJON COURT REMOVED 25 S,F. OF GRAFFITI
04/1 8/06 PECHANGA P ARKW A Y AT TEMECULA CREEK BRIDGE REMOVED 1,900 S,F. OF GRAFFITI
04/20/06 SUNNY MEADOWS AT CAMPANULA REMOVED 60 S.F. OF GRAFFITI
04/20/06 MEADOWS PARKWAY AT CAMPANULA REMOVED 10 S,F. OF GRAFFITI
04/21/06 30676 E. LOMA LINDA REMOVED 60 S,F. OF GRAFFITI
04/24/06 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 145 S,F. OF GRAFFITI
R:\MAINTAIN\WKCMPL TD\GRAFFITII05.06\APRIL
"\~A~E~2;'~(
04/24/06 SANTA GERTRUDIS CREEK AT NO, GENERAL KEARNY
REMOVED
58 S,F. OF GRAFFITI
04/25/06 MIRA LOMA AT EDISON PLANT
REMOVED
380 S,F. OF GRAFFITI
04/26/06 RUSTIC GLEN AT KNOLL RIDGE
REMOVED
20 S,F. OF GRAFFITI
04/27/06 VERDADERO PLACE AT EMWD EASEMENT
REMOVED
5 S,F. OF GRAFFITI
04/27/06 WINCHESTER CREEK BRIDGE
REMOVED
270 S,F, OF GRAFFITI
04/27106 RUSTIC GLEN AT KNOLL RIDGE
REMOVED
15 S,F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 5.038
TOTAL LOCATIONS --.l2
R:\MAINTAIN\WKCMPLTD\GRAFFITI\05.06\APRIL
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF APRIL, 2006
1"":<' I:}; SS/.: ,,< ;'0:,;::~h0i ii}/:iS/,/ ' :, :/, i,; I, }" 0: ::'fiS,':i
/< 1/:
04/14/06 CITY HALL TRIMMED 1 R.O,W, TREES
04/19/06 WINCHESTER W/O JEFFERSON TRIMMED 4 R.O,W. TREES
04/19/06 JEDEDIAH SMITH E/O HWY. 79 SO, TRIMMED 2 R,O.W, TREES
04/26/06 RANCHO CALIFORNIA ROAD E & W BOUND TRIMMED 4 R,O,W, TREES
,
TOTAL R.O.W. TREES TRIMMED ......!!
R;\MAINT AIN\WRKCOMPLTD\TREES\05.06\APRlL5
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF APRIL, 2006
!2 ..... i > "Sf;;t/(,~j~~%dit,_J;iililylj .lY'\;;_(~~2~L~5ftii!Jiii' i'
iii;~~' ~;!i :> ", iM~:t5>ii'. ii,:'; i( (JII i'(.:;,'(
'G/ ;i i .y", 'c Yi
04/03/06 45531 CLUBHOUSE DRIVE DEBRIS REMOVAL 04/03/06
04/03/06 REDHA WK AREA WEED ABATEMENT 04/03/06
04/03/06 29779 ORCHID SNS DOWN 04/03/06
04/04/06 PIa PICO AT MARGARITA POTHOLES 04/04/06
04/05/06 29690 DEAL COURT TREE CONCERN 04/05/06
04/05/06 39525 JUNE ROAD TREE TRIMMING 04/05/06
04/06/06 31471 SANDHILL LANE PHONE IN DRAIN 04/06/06
04/06/06 CORTE AL BANO POTHOLE 04/07/06
04/07/06 31705 PASEO GOLETA TREE CONCERN 0411 0/06
04/07/06 CORTE FRAGA RPM's 0411 0/06
0411 0/06 NICOLAS ROAD AT CALLE MEDUSA DEBRIS 0411 0/06
04112/06 CALLE SANTA ANA AT RANCHO VISTA STOP SIGN & SNS 04113/06
04112/06 WOLF VALLEY AT PECHANGA PARKWAY POTHOLE 04113/06
04/18/06 VIA RIO TEMECULA AT REDHA WK PARKWAY CLEAN SIDEWALK 04/18/06
04118/06 41610 BIG SAGE COURT TREE 04/20/06
04119/06 30560 A VENIDA ESTRADA POTHOLE 04119/06
04/20/06 418444TH STREET DEBRIS REMOVAL 04/20/06
04121/06 BUTTERFIELD STAGE ROAD AT ROYAL CREST POTHOLE 04121 /06
04121/06 MARGARITA ROAD AT A VENIDA SIMA DEL SOL DEBRIS 04121 /06
04121 /06 VIA ANGELES AT CORTE FIGUEROA S.N,S, DOWN 04/21/06
04121/06 28955 PUJOL TREE DOWN 04121/06
04121/06 WALCOTT LANE EROSION 04/21/06
04/21/06 WOLF STORE ROAD STREET CONCERN 04/21/06
04/24/06 41290 VIA AGUILAR RAISED SIDEWALK 04/24/06
04/24/06 VIA LAS CHACRAS WEED ABATEMENT 04/24/06
, ,
R;IMAINT AIN\WRKCOMPLTDlSORSI05.06\APRIL
~.; ~"" ~~>. . .:... ~-
. . UN.
tllif:'D . . LOG4iION . -x' I)
~
04/25/06 30320 COLINA VERDE PAVING QUESTIONS 04/256/06
04/25/06 30361 VIA BRISA TREE TRIMMING 04/25/06
04/27/06 BARGIL COURT DAMAGED DRAIN 04/27/06
04/27/06 31668 PIO PICO POTHOLES 04/27/06
04/28/06 ZUMA DRIVE DEBRIS IN STREET 04/28/06
04/28/06 SWING INN MAINTENANCE QUESTION 04/28/06
04/28/06 REDHAWKPARKWAY STOP SIGN WANTED 04/28/06
.
,
.
.
TOTAL SERVICE ORDER REQUESTS
R:\MAlNTAIN\WRKCOMPLTD\SORS\05.06\APRIL
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF APRIL, 2006
~> .,......;;_~)iinii~;;i;i<iiji?2.;.i "'ii.i.i;.i;.iiii;;ii_i!~;~C:;
04/03/06 CITYWIDE REPAIRED 7 SIGNS
04/05/06 REDHAWKPARKWAY AT EASTRIDGE REPLACED R4-7, "K" MARKER
04/05/06 SOLANA EIO MARGARITA REPLACED R-26 .
04/06/06 WOLF V ALLEY AT CAMINITO OLITE REPLACED 2, R-26
04/10/06 CAMINITO OLITE AT REDHA WK P ARKW A Y REPAIR I SIGN
04/II/06 WOLF V ALLEY AT CAMINO ROSALES INSTALL I SIGN
04/I I106 REDHAWK PARKWAY S/O 79 SO, INSTALL 4 SIGNS
04/II/06 CALLE KATERINE AT KLARER LANE REPAIR I SIGN
04/II/06 BUTTERFIELD STAGE N/O NIGHTHAWK INSTALL 2 SIGNS
04/12/06 SIB PECHANGA P ARKW A Y S/O VIA EDUARDO REPAIR I SIGN
04/I 2/06 N/B PECHANGA PARKWAY SIO VIA EDUARDO REPAIR I SIGN
04/I 2/06 NIB BUTTERFIELD STAGE 300' N/O NIGHTHAWK INSTALL 2 SIGNS
04/12/06 NIB BUTTERFIELD STAGE 200' SIO CHANNEL ST. REPLACE I SIGN
04/12/06 NIB BUTTERFIELD STAGE AT CHANNEL STREET INSTALL 2 SIGNS
04/12/06 NIB BUTTERFIELD STAGE 200' SIO TEMECULA CREEK INSTALL 4 SIGNS
04/I 2/06 BUTTERFIELD STAGE SIO TEMECULA CREEK REPAIR I SIGN
04/I 3/06 PALOMA DEL SOL AREA INSTALL 15 SIGNS
04/13106 CITYWIDE REPAIRED 4 SIGNS
04/14/06 SIB JEFFERSON 400' N/O DEL RIO INSTALL 1 SIGN
04/I 9/06 RORIPAUGH ROAD AT NICOLAS INSTALL 1 SIGN
04/I 9/06 JEFFERSON NIO WINCHESTER REPAIR 4 SIGNS
04/I 9/06 EIB WINCHESTER WIO PROMENADE MALL REPLACE 1 SIGN
04/20/06 SUNNY MEADOWS AT CAMPANULA REPLACED R-l
R:\MAlNTAIN\WKCMPLTD\$JGNSI.05.06\APRIL
- }<iii,iJi<<,.i,/.,. ..'.....'>;;<il< ..',.<." ...,/ iJiJ i,> ..;,........ .'.' <. >'.
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04/20/06 REDHA WK AREA REPLACED 5 SNS, R-I, R2-45
04/21/06 VIA ANGELES AT CORTE FIGUEROA REPLACE R-I
04/24/06 MARGARITA N/O RANCHO CALIFORNIA ROAD REPLACED W3-3, R-26
04/24/06 RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE REPLACED 3 DELINEATORS
.
04/25/06 RANCHO CALIFORNIA RD. W/O BUTTERFIELD STAGE REPLACED 2 DELINEATORS
04/26/06 RANCHO CALIFORNIA ROAD E/O MARGARITA REPLACED 20 DELINEATORS
04/26/06 HARVESTON AT WINCHESTER REPLACED R4-7
04/26/06 RANCHO CALIFORNIA ROAD REPAIRED 19 SIGNS
04/27/06 RANCHO CALIFORNIA ROAD AT MEADOWS P ARKW A Y REPLACED R2-55
TOTAL SIGNS REPLACED ~
TOTAL SIGNS INSTALLED ~
TOTAL SIGNS REPAIRED 31
R:\MAINT AIN\WKCMPL TD\SIGNS\.05.06\APRIL
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF APRIL, 2006
04/12/06 PEACH TREE S/O DEER HOLLOW INSTALL 1 LEGEND
04/17/06 STATION 73 REPAINT 1 LEGEND
04/17/06 BUSINESS PARK DRIVE REPAINT 2,242 LN. FT, RED CURB
04/18/06 CALLE SANTA ANA AT RANCHO VISTA INSTALL 108 LN, FT, RED CURB
04/18/06 AREA #1 REPAINT 4,530 LN, FT, RED CURB
04/19/06 AREA #1 REPAINT 7,058 LN, FT, RED CURB
04/20/06 AREA #1 REPAINT 4,877 LN, FT, RED CURB
04/25/06 JEFFERSON AVENUE REPAINT 2,379 LN, FT. RED CURB
04/25/06 NICOLAS S/O WINCHESTER INSTALLED 9 ARROWS
04/26/06 AREA #1 REPAINTED 6,864 LN, FT, RED CURB
TOTAL NEW & REPAINTED LEGENDS 11
NEW & REPAINTED RED CURB & STRIPING L.F. 28.058
R:\M.AINTAIN\WRKCOMPLTD\STRJPINGI05.06\APRIL
ITEM NO. 36
Approvals
City Attorney
Director of Finance
City Manager
V
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c;c
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Anthony Elmo, Director of Building and Safety
DATE:
May 23, 2006
SUBJECT:
Departmental Report - April2006
PREPARED BY: Diane Ball, Administrative Assistant
The month of April200 6 showed a gain of construction activity as compared to previous months,
The following is an overview of permit and inspection activity for April
Sinqle Family Development - Tracts
In April the City issued 156 new single family home permits for a total square footage of 454,041,
These homes are primarily in Wolf Creek which currently has 185 homes under construction in
addition to 112 homes under construction in Harveston, There are a total of 436 single family
homes under construction throughout the City at the current time,
Custom Sinqle Family Homes
As of April we have 20 custom homes under construction for a total of 106,615 square feet.
Multi-Family Development
Temecula Ridge is in the building process with 21 buildings, Temecula Creek has completed most
of their condo construction and have 9 buildings with 20 units each left to complete in the first
phase, Cape May Apartments in Harveston is constructing 270 units, Temecula Ridge Apartments
is in the process of building 21 buildings for a total of 201 units with 60 units completed,
Commercial Development
There were 3 new commercial permits issued in Aprilfor a total valuation of $2,579,609, Plan check
activity included submittals for Park Place at 41900 Winchester Road, Butterfield Ranch Self
Storage at 33449 Highway 79 South, and Rite Aide at 30063 Rancho California Road,
Total Permit and Inspection Activitv
During the month of April inspection staff performed 3,329 inspections and 400 permits were issued
representing a construction valuation of $37,825,581, The total building permit and plan check fees
collected in the month of Aprilwere $ 258,631,06,
ITEM NO. 37
Approvals
City Attorney
Director of Finance
City Manager
JAt.f""
- tJlt
=~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
May 23, 2006
SUBJECT:
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of April.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 64 new applications for administrative, other minor cases, and home
occupations including 11 applications for public hearings during the month of April The new
public hearing cases are as follows:
CONDITIONAL USE PERMIT
DEVELOPMENT PLAN
HOME PRODUCT REVIEW
MINOR MODIFICATION
PRE-APPLICATION
TENTATIVE PARCEL MAP
TEMPORARY USE PERMIT
2
2
2
1
1
2
1
Status of Maior Proiects
New Proiects
. Hemingway at Redhawk - A Home Product Review for 108 single-family homes in the
Redhawk Specific Plan, Elevations include four floor plans and elevation types ranging from
2,916 to 3,393 square feet. The application was submitted on April 7, 2006, Staff is
currently reviewing the application, A DRC meeting is scheduled for May 18, 2006, (PA06-
0101 - FISK)
. Redhawk Specific Plan PA 13 - A Development Plan application submitted on March 8, 2006
for a multi-family residential project to construct 98 condominium units on 8,9 acres, The
project is located at the corner of Deer Hollow Way and Peach Tree Street. A DRC was
held on April 13, 2006, Staff is awaiting the revised plans, (PA06-0060 - SCHUMA)
. Redhawk PA 13 - A Tentative Parcel Map for condominium purposes with a Final Map
waiver to establish 98 multi-family units on one parcel. The project was submitted April 5,
2006 and is located within Planning Area 13 of the Redhawk Specific Plan on the corner of
Deer Hollow and Peach Tree, A DRC meeting was scheduled for May 11,2006 and staff is
awaiting resubmittal of plans, (PA06-0098 - SCHUMA)
. La Casita Nueva - A Conditional Use Permit with a Finding of Public Convenience and
Necessity for the incidental sale of alcoholic beverages at an existing restaurant located at
27645 Jefferson Avenue, The Pre-Application was submitted on April 18,2006 and is
scheduled for a May 25,2005 DRC meeting, (PA06-01 09 - SCHUMA)
. Roripaugh Ranch PA14 and PA 15-A Tentative Tract Mapto subdivide 27,9 acres into 181
single family residential lots and three open space lots, The project is located within
Planning Area 14 and 15 of the Roripaugh Ranch Specific Plan, The application was
submitted on April 19, 2006 and is scheduled for a May 25,2006 DRC meeting, (PA06-
0110 - SCHUMA)
. Mazarro's Italian Restaurant - Minor Conditional Use Permit for Mazzaro's Italian Restaurant
to upgrade an existing type 41 license to a type 47 license to authorize the sale of beer wine
and distilled spirits, The application was submitted on April 12, 2006 and comments were
due May 3,2006, Staff is preparing an exhibits request letter for Director's Hearing, (PA06-
0104 - LECOMTE)
. Chick-Fil-A - A Minor Modification to convert an existing 4,000 square foot Krispy Kreme
Restaurant with a drive-thru to a Chick-Fil-A Restaurant with a drive thru, plus a 327 square
foot expansion for a new play area, The application was submitted on April 18, 2006,
Comments were due May 9,2006 and a DRC meeting will be held shortly thereafter. (PA06-
0108 - LECOMTE)
. Rancho Ford Overflow Storage - A Temporary Use Permit for the temporary storage of new
and used automobiles for Rancho Ford overflow located at the rear of 26895 Ynez Road and
42057 DLR Drive, The application was submitted April 20, 2006 and comments are due on
May 11,2006, (PA06-0114 - LECOMTE)
. Guidant Parking Lot - A Development Plan to construct a 1,618 square foot parking
structure, and a minor exception request to reduce the front yard setback from 20 feet to 17
feet and to reduce the parking space width from 9 feet to 8 Y:! feet. The project is located on
the north east corner of Ynez Road and Motor Car Parkway, (PA06-0096 - LINTON)
. Temecula 10 - Home Product Review for 10 single-family homes for lots 1-10 for Tract
33630 located on the north side of Rancho California Road east of Riesling Court, The
application was submitted on April26, 2006, A DRC is scheduled for June 1,2006, (PA06-
0118 - LINTON)
. De Portola Professional Building - A Pre-Application (Development Plan) for three separate
buildings totaling 40,877 square (Building 1 - 27,666 square feet, and Building - 3 7,200
square feet) on 2,76 gross acres at the southwest corner of De Portola and Margarita Road,
The application was submitted on April 5, 2006 and a DRC meeting was held on May 4,
2006, Comments were mailed to the applicant on May 5, 2006 and staff is currently awaiting
resubmittal. (PR06-0011 - KITZEROW/PETERS)
Recentlv Approved Proiects
. Winchester Gilcrest - A Development Plan submitted on April 5, 2005, for a total of 55,956
square feet of industrial officelwarehouse space in three, one story buildings, The project is
located on the south side of Winchester Road, west of Diaz Road, A DRC was scheduled
for May 12, 2005, and a DRC letter was mailed on May 17, 2005, Applicant resubmitted on
October 5, 2005, Comment letter was sent on October 20, 2005, Applicant resubmitted on
March 1, 2006, The project was approved by Planning Commission on May 3, 2006,
(PA05-0096 - DAMKO)
. Frankie's Restaurant - A Minor Conditional Use Permit for the sale of distilled spirits at a full
service steak and seafood restaurant located at 41785 Nicole Lane, The application was
submitted on January 17, 2006, The project was approved at the April 19, 2006 Planning
Commission hearing, (PA06-0011 - FISK)
. Parcel Map 28049 - An Application for an Extension of Time for Parcel Map 28049, The
project site is located on the west side of Pujol Street, approximately 2,200 feet south of First
Street. The application was submitted on October 13, 2005, The application was approved
at the April 27, 2006 Director's Hearing, (PA05-0304 - FISK)
. Roripaugh Ranch PA3 Extension of Time - An Extension of Time application for a previously
approved Home Product Review (Development Plan, PA03-0551 for Shea Homes) for the
construction of 99 single-family homes located within Planning Area 3 of the Roripaugh
Ranch Specific Plan, The application was submitted on January 23, 2006, and was
approved at the April 5, 2006 Planning Commission Hearing, (PA06-0022 - SCHUMA)
. Temecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven
commerciallofficelretail buildings at the southeast corner of Jedediah Smith Road and
Highway 79 South, The application was submitted on February 9,2005, Comments were
sent to the applicant on July 25, 2005, Revised comments were sent to the applicant on
December 7, 2005, A revised sign program was submitted on January 18, 2006, This item
was approved at the April 5, 2006 Planning Commission Hearing, (PA5-0040 - PAPP)
. Plaza Rio Vista -A Development Plan to construct a 19,650 foot office building on ,99 acres
at the corner of Black Deer Loop and Diaz Road, The application was submitted on May 1 0,
2005, The DRC meeting was held on June 23, 2005, The Planning Commission
recommended approval at the March 15, 2006 hearing, The item was approved at the April
25, 2006 City Council Hearing, (PA05-0139 - LINTON)
. Roripaugh Ranch Mega Center - A Development Plan for the Roripaugh Mega Center
including a 16,343 square foot Community Center, a 1,414 square foot restroomlpool
equipment building, and a 640 square foot cabana totaling 18,397 square feet on 3,88 acres
in PA 30 of the Roripaugh Ranch Specific Plan, The project was submitted on November
14,2005, and comments were mailed to the applicant on December 29,2005, The project
was resubmitted on January 25,2006, Comments were sent to the applicant on February
28, 2006, and revised plans were submitted on March 17, 2006, Staff administratively
approved this project on April 27, 2006, (PA05-0345 - KITZEROW/PETERS)
. Rite-Aid Drive Thru - A Conditional Use Permit for a proposed pharmacy drive thru for the
Rite-Aid within the Temecula Village, The project is located on Rancho California Road and
Moraga, The application was submitted on January 20,2006, This project was approved at
the Planning Commission on April 19, 2006, (PA06-0019 - PAPP)
. Rancho Highlands Maravilla - A Development Plan and Product Review for 71 tri-plex
buildings totaling 213 units on 23,3 acres in the Rancho Highlands Specific Plan along the
extension of Tierra Vista and Rancho Highlands Road (APN 944-330-001, 003 and 017),
The applications were submitted on June 6, 2005, A DRC meeting was held on July 14,
2005, Staff is currently preparing an Initial Studyforthis project. This project was approved
at the May 3, 2006 Planning Commission Hearing, (PA05-0167 - PAPP)
. Butterfield Station Sign Program - To establish and implement a sign program for the
Butterfield Station shopping center. The property is located on Highway 79 South and
Butterfield Stage Road, The application was submitted on October 4,2005, A revised sign
program was submitted on March 9, 2006, This project was approved at the April 19, 2006
Planning Commission Hearing, (PA05-0294 - PAPP)
. Medical Marijuana Dispensaries Ordinance - An Ordinance amending the Municipal Code
defining "Medical Marijuana Dispensary" and prohibiting such use in all zones of the City,
City Council approved this item at their April 25,2006 City Council meeting, (WEST)
. Selby Parcel Map - A Tentative Parcel Map to subdivide 21,22 acres into six parcels at the
east side of Ynez Road north of Rancho California Road and south of Solana Way, This
project was submitted on January 6,2005, Comments were due January 28,2005, and a
Pre-DRC was held February 1,2005, A DRC was held February 1 0,2005, and a DRC letter
was sent on February 10, 2005, On June 30, 2005, Staff requested additional information to
complete an I nitial Study for this project. A DRC meeting was held August 4,2005, Revised
plans were submitted on September 16, 2005, A third comment letter was mailed November
2,2005, with a third submittal received on September 15, 2005, This project was approved
on April 19, 2006 by the Planning Commission Hearing, (PA05-0004 - KITZEROW
IPETERS)
Proiects Under Review
Commercial
. Redhawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit
submitted on June 8, 2005 for three buildings totaling 8,354 square feet used for a self-serve
carwash and tire store, The project is located on the northeast corner of Margarita Road
and De Portola Road, A DRC meeting was held on August 18, 2005, A DRC letter was
mailed on August 23, 2005, Applicant has been working with Staff on the design, Staff is
awaiting resubmittal. (PA05-0172 - DAMKO)
. Etco Plaza Sign Revision - The Application submitted on December 19, 2005, is a request
to revise the existing sign program to allow additional signage and sign colors, The project
was continued at the April 19, 2006 Planning Commission hearing to May 17,2006, (PA05-
0390 - DAMKO)
. Paseo Del Sol Recreation Building - A Development Plan to construct a recreation center
consisting of a 1,962 square foot building and swimming pool on 1,2 acres generally located
on the north side of Sunny Meadows Drive, approximately 900 feet east of Meadows
Parkway, The application was submitted on January 5, 2006, A DRC meeting was held on
February 9, 2006, Revised plans were submitted on March 17, 2006, Staff anticipates a
June Directors Hearing for the project. (PA06- 0004 - FISK)
. Temecula Professional Building - A Development Plan to construct a 9,500 square foot
office building on 0,91 acres located on the west side of Margarita Road, approximately 300
feet south of De Portola Road, The application was submitted on October 5,2005, A DRC
was held on December 12, 2005, and a DRC letter was sent to the applicant on December
12, 2005, A second DRC letter was sent to the applicant on February 24, 2006, Revised
plans were submitted on March 23, 2006, A 30-day no response letter was sent to the
applicant on March 13, 2006, and a 60-day no response letter was sent on April 3, 2006,
Staff anticipates a June Director's Hearing for the project. (PA05-0297 - FISK)
. YMCA - A Development Plan to construct a 38,540 square foot YMCA building within a 0,66
acre lease area of a 20,2 acre site located at 29119 Margarita Road, The application was
submitted on November 29, 2005, Staff is currently reviewing the application, A DRC
meeting was held on January 26, 2006, A 30-day no response letter was sent to the
applicant on March 13, 2006, and a 60-day letter was sent to the applicant on April 3, 2006,
Staff is currently awaiting the submittal of revised plans, (PA05-0365 - FISK)
. DCH Chrysler Jeep - A Major Modification to a Development Plan to add building square
footage under an existing canopy, to add a new parapet wall along the new building areas,
and to revise the exterior wall configuration for the service writer area of the building located
at 26799 Ynez Road, The application was submitted on March 16, 2006, Staff anticipates a
June Planning Commission Hearing for the project. (PA06-0079 - FISK)
. Carpet One - A Development Plan submitted on January 19, 2006, for the construction of a
4,800 square foot retail building located in the Creekside Shopping Center on Highway 79
South and Pechanga Parkway, This project was scheduled for Pre-DRC on March 14,
2006, and DRC on March 16, 2006, Comments were mailed to the applicant and staff is
waiting for revised plans, (PA06-0016 - KITZEROW/PETERS)
. U-Store-It U-Haul Rentals - A Minor Conditional Use Permit to allow U-Haul truck rentals at
U-Store It located at 28401 Rancho California Road (APN 921-281-019), This project was
submitted on November 15, 2005, A DRC letter was mailed to the applicant on December
28, 2005, Staff is waiting for response back from applicant. A 30-Day no response letter
was sent to applicant on January 31, 2006, Applicant has resubmitted revised plans on
March 6, 2006, Staff is waiting on acceptable elevator for proposed covered carport,
(PA05-0349 - LECOMTE)
. Mountain View Community Church - A Minor Modification submitted on March 9, 2006 to
add four modular buildings to an existing site at Mountain View Community Church (formerly
Hope Lutheran) located at 29385 Rancho California Road, DRC meeting was held on April
6,2006, Staff has drafted a comment letter. Staff is waiting for re-submittal of appropriate
revisions, (PA06-0062 - LECOMTE)
. Dr. Levi's Office and Retail - A Major Modification to renovate the former 5 & Diner into
offices and retail facilities located at 26460 Ynez Road, The application was submitted on
October 31, 2005, A DRC meeting was held on December 22, 2005, The applicant
submitted revised plans on April 27, 2006, Comments are due on May 15, 2006, (PA05-
0329 - LINTON)
. Lyndie Lane Speculative Building - A Development Plan to construct a 9,265 square foot
commercial building located at 29748 Rancho California Road, The application was
submitted on October 14, 2005, A DRC meeting was held on December 8, 2005, Staff is
currently awaiting revised plans, (PA05-0305 - LINTON)
. Rite-Aid - A Minor Conditional Use Permit and Public Convenience and Necessity
application to sell alcohol within a 16,836 square foot retail facility to be located within the
Rancho Temecula Town Center at the northeast corner of Winchester Road and Nicolas
Road, The application was submitted on October 25, 2005, A Pre-DRC meeting was held
on November 15, 2005, The applicant resubmitted on February 17, 2006, This item was
denied at the April 19, 2006 Planning Commission, The applicant appealed the decision on
May 3, 2006, The application is currently awaiting City Council agenda placement. (PA05-
0314 - LINTON)
. DCH Dodge - A Major Modification for the addition of 3,089 square feet of building area and
fayade improvements for an existing 27,101 square foot building located on the west side of
Ynez Road approximately 600 feet north of DLR Drive, The application was submitted on
March 30, 2006 and is scheduled for a May 18, 2006 DRC meeting, (PA06-0082 - LINTON)
. Temecula Community Church - A Conditional Use Permit application with a Development
Plan for the addition of three buildings and the removal of existing modular buildings and
trellises, The project is located at 28871 Santiago Road, The project was submitted on
December 15, 2005, A DRC letter was sent out on February 3, 2006, The applicant
resubmitted plans on March 13,2006, Staff is waiting for additional Environmental Reports,
(PA05-0389 - SCHUMA)
. Down's Energy - A Development Plan application for a liquid natural gas distribution facility
and a 14,776 square foot office speculative building, The project is located at the northwest
corner of Rancho Way and Diaz Road, The project was submitted on December 22,2005,
A DRC meeting was held on January 26, 2006, Staff is waiting for revised plans, (PA05-
0402 - SCHUMA)
. Redhawk Pavillion - A Development Plan application for a proposed commercial center
consisting of three buildings totaling 29,498 square feet located on the southeast corner of
De Portola and Margarita (APN 959-050-006), The application was submitted on February
22,2006, A DRC meeting was held on April 6, 2006 and a DRC letter was sent out on April
21,2006, Staff is waiting for applicant to resubmit and this project is tentatively scheduled
for the June 7, 2006 Planning Commission Hearing, (PA06-0046 - SCHUMA)
. Ace Hardware at Creekside Plaza - A Development Plan for a proposed 13,125 square foot
retail building (Ace Hardware) located at 30715 Highway 79 South, in the Creekside Plaza
Shopping Center. The application was submitted on February 16, 2006, A DRC meeting
was held on April 6, 2006, Comments were sent to the applicant and staff is waiting for a
resubmittal. (PA06-0044 - KITZEROW/PETERS)
. Hine Mazda - A Development PlanlConditional Use Permit for the construction and
operation of a 32,560 square foot automobile dealership to be located on 3,7 acres at the
southwest corner ofYnez Road and DLR Drive, The application was submitted on February
22, 2006, A DRC meeting was held on March 9, 2006, and a DRC letter was sent to the
applicant on March 9, 2006, The project is scheduled for a May 17, 2006 Planning
Commission Hearing, (PA06-0048 - FISK)
. Olive Garden - A Minor Conditional Use Permit for the sale of distilled spirits at a full service
restaurant located at 29025 Overland Drive, The application was submitted on March 6,
2006, Staff anticipates Planning Commission Hearing on June 21, 2006 for the project.
(PA06-0059 - FISK)
. Temecula Village - A Second Extension of Time for approved Development Plan application
PAOO-0140, The project is located on the northeast corner of Rancho California Road and
Moraga Road, The application was submitted on November 16, 2005, The project is
scheduled for the April 19, 2006 Planning Commission Hearing, (PA05-0352 - PAPP)
. Beacon Auto Park - Sign Program to establish and implement for the Beacon Auto Park,
This project is located at 421 03 Rio Nedo, The application was submitted on March 1,2006,
A DRC letter will be sent to the applicant on May 4,2006, (PA06-0057 - SCHUMA)
. Career Gateway College - A Minor Conditional Use Permit submitted March 22, 2006 to
conduct business at a professional school. This project is located at 43178 Business Park
Drive, A DRC was held April 20, 2006, Staff is waiting for revised plans, (PA06-0074-
SCHUMA)
Subdivisions
. Roripaugh Ranch PA16-18 TTM - A Tentative Tract Map (No, 29368) to subdivide 100,07
gross acres into 399 lots (389 single-family residential lots) located in Planning Area 16, 17,
and 18 of the Roripaugh Ranch Specific Plan, The application was submitted on December
7, 2005, A DRC meeting was held on February 7, 2006, The project was resubmitted on
April 14, 2006, Staff is reviewing and comments are due May 8,2006, (PA05-0375-
KITZEROW/PETERS)
. Roripaugh Ranch PA 10 TTM - A Tentative Tract Map (No, 30766) to subdivide 8,1 gross
acres into 15 lots (14 single-family residential lots) within Planning Area 10 of the Roripaugh
Ranch Specific Plan, The project was submitted on December 12, 2005, A DRC meeting
was held on January 26, 2006, and comments were mailed to the applicant. The project
was resubmitted on April 14, 2006, Staff is reviewing and comments are due May 8, 2006,
(PA05-0384 - KITZEROW/PETERS)
. Roripaugh Ranch PA19 TTM - A Tentative Tract Map (29367) to subdivide 28,03 gross
acres into 27 lots (25 single-family residential lots and 2 open space lots) located in Planning
Area 19 of the Roripaugh Ranch Specific Plan, The project was submitted on December 12,
2005, A DRC meeting was held on February 9, 2006, and comments were mailed to the
applicant. Staff is awaiting resubmittal. (PA05-0384 - KITZEROW/PETERS)
. Roripaugh Ranch PA 23and 24 TTM - A Tentative Tract Map (30768) to subdivide 21,5
gross acres into 123 lots (122 single-family residentiallotslone open space lot) located in
Planning Areas 24 and 25 of the Roripaugh Ranch Specific Plan, Minimum lot size is 4,000
square feet, with an average lot size of 5,443 square feet. The project was submitted on
December 13, 2005, A DRC meeting was held on February 9,2006, and comments were
mailed to the applicant. Staff is awaiting resubmittal. (PA05-0387 - KITZEROW/PETERS)
. Roripaugh Ranch PA33A - A Tentative Tract Map (No, 90767) to subdivide 10,96 gross
acres into 15 lots (14 residential lots) located within Planning Area 33A in the Roripaugh
Ranch Specific Plan (generally located at the terminus of Nicolas Road and Butterfield Stage
Road), The application was submitted on January 4,2006, A Pre-DRC meeting was held
on February 21, 2006, and a DRC meeting was held on February 23, 2006, Comments
were mailed to the applicant on February 27, 2006, and staff is currently awaiting
resubmittal. (PA06-0002 - KITZEROW/PETERS)
Industrial
. Asher Business Park - A Pre-Application for a proposed high-tech research and
development campus consisting of six buildings totaling 62,209 square feet, located at the
southeast corner of Calle Empleado and Winchester Road, Comments were due from other
departments on January 10, 2006, The project is under staff review, A DRC was held on
February9, 2006, Applicant has resubmitted revised site plans and staff is currentlywaiting
for comments from other departments so applicant can formally submit a Development Plan
Application, (PR05-0023 - LECOMTE)
. Storage 2 U - U-Haul Rental- A Minor Conditional Use Permit to allow for U-Haul rentals at
Storage 2 U, located at 27731 Diaz Road, The application was submitted on October 26,
2005, A DRC meeting was held on December 15, 2005, Staff is currently awaiting revised
plans, (PA05-0318 - LINTON)
Mixed UselResidential
. Barrington Product Review - A Development Plan submitted on December 18, 2005, for 130
single-family homes located within Tract 32437-1 ,2,3, -and, F of the Harveston Specific Plan
located on Ynez Road and Date Street. This project is scheduled for the May 17, 2006
Planning Commission Hearing, (PA05-0378 - DAMKO)
. Temecula Lane II - A Conditional Use Permit, Development Plan and Vesting Tract Map
submitted on December 20,2005, for the development of 297 multi-family residential units
located on the southeast corner of Pechanga Parkway and Loma Linda Road, A DRC
meeting held on February2, 2006, and a DRC letter was mailed on February 9, 2006, Staff
has tentatively scheduled this project to the June 17,2006 Planning Commission Hearing,
(PA05-0395, PA05-0396, PA05-0397 - DAMKO)
. Rancho Highlands III-A Conditional Use Permit, Development Plan and Vesting Tentative
Map submitted on December 21, 2005, to allow a subdivision for condominium purposes
and development of 137 multi-family units located near the northeast corner of Ynez Road
and Rancho California Road, A DRC was held on February 16, 2006, and a DRC letter was
mailed on March 3, 2006, The applicant submitted on May 1, 2006, Staff is currently
reviewing plans, (PA05-0398, PA05-0399, PA05-0400 - DAMKO)
. Dalton III-A Conditional Use Permit I Development Plan submitted on February 7,2006, for
a 22,522 square foot mixed use building located on Fifth Street within the Old Town Specific
Plan, A DRC was held on March 2, 2006, and the DRC letter was mailed on March 3, 2006,
The project is scheduled forthe April 10, 2006 Old Town Local Review Board and a May 17,
2006 Planning Commission Hearing, (PA06-0037 - DAMKO)
. Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential
condominiums on 1,5 acres, The subject property is located on the northwest corner of
Tierra Vista Road and Ynez Road, The application was submitted on September 30, 2003,
Revised plans were submitted on July 7, 2004, A second DRC letter was provided on
September 10, 2004, Revised plans were submitted on February 7,2005, A third DRC
letter was provided to the applicant on April 8, 2005, Revised plans were received on
August 2, 2005, Staff is currently awaiting submittal of correspondence from the county
geologist regarding earthquake fault line setbacks, (PA03-0552 - FISK)
. Pujol Condos - A Development Plan to construct nine multi-family condominium buildings
totaling 134,213 square feet on 7,85 acres located on the west side of Pujol Street,
approximately 1,800 feet south of First Street. The application was submitted on July 21 ,
2005, A DRC meeting was held on September 1,2005, and a DRC letter was mailed to the
applicant on September 1, 2005, Revised plans were submitted on October 26, 2005, A
second DRC letter was sent to the applicant on December 13, 2005, Staff is currently
awaiting the submittal of revised plans, A 30-day no response letter was sent to the
applicant on March 15, 2006 and a 60-day no response letter was sent on April 3, 2006,
Staff is currently awaiting the submittal of revised plans, (PA05-0208 - FISK)
. Renaissance Villages - A Residential Development Plan and Tentative Tract Map to
construct 58 condominium units totaling 78,397 square feet on 3,98 acres generally located
on Pujol Street, approximately 100 feet north of Main Street. The application was submitted
on August 3, 2005, A DRC meeting was held on September 26, 2005, and a DRC letter was
mailed to the applicant on September 27,2005, Revised plans were submitted on October
26, 2005, A Development Agreement must be approved by City Council prior to staff
scheduling the project for a Planning Commission Hearing, (PA05-0229 - FISK)
. Mira Loma PDO -A Planned Development Overlay to change the zoning ofa 7,24 acre site
from High Density Residential (H) to PDO -11 to change the development standards forthe
site, The project site is located at 29601 Mira Loma Road, The project was submitted on
August 8, 2005, A DRC meeting was held on September 29, 2005, and a DRC letter was
sent to the applicant on October 4, 2005, A second DRC meeting was held on February 16,
2006, A second DRC letter was sent to the applicant on February 24, 2006, Revised plans
were submitted on April 13, 2006, Staff is currently reviewing the revised plans, (PA05-
0234 - FISK)
. Pujol Condos - A Tentative Parcel Map for condominium purposes for a residential
condominium project located approximately 1 ,800 feet south of First Street on the west side
of Pujol Street. The application was submitted on July 7, 2005, A DRC meeting was held on
September 1, 2005, and a DRC letter was mailed on September 1, 2005, Revised plans
were submitted on October 26, 2005, A second DRC letter was sent to the applicant on
December 13, 2005, A 30-day no response letter was sent to the applicant on March 15,
2006, and a 60-day letter was sent to the applicant on April 3, 2006, Staff is currently
awaiting resubmittal of plans, (PA05-0209 - FISK)
. Naron Pacific Tentative Tract Map 30434-A proposal for a Tentative Tract Map to subdivide
32 gross acres into 13 residential and 2 open space lots in the Chaparral area, The
application was originally submitted on April 18, 2002, The CAD has made a
recommendation on policy for the Chaparral Area allowing one-half acre lots if it does not
increase the "net" density, Staff met with applicant in April to discuss grading issues and
begin preparation of an Initial Study, An environmental constraint map was submitted on
February 9, 2005, Staff met with the applicant on March 22, 2005 to discuss grading
impacts and received revised plans and constraints map, A letter was mailed to the
applicant on April 7, 2005, informing him that the submitted plans are not adequate, the
project is still considered incomplete, and additional information is still required in order to
proceed with processing, Staff met internally on April 8, 2005, to discuss General Plan
update, A letter was sent to the applicant on April 13, 2005, to explain City Council decision
not to modify Chaparral Policy; therefore, project plans must be revised to adhere to existing
policies within the General Plan, Staff is currently awaiting submittal of revised plans, A 30-
day close-out letter was sent certified mail to the applicant on September 16, 2005, and the
applicant requested additional time to revise plans, A 60-day follow up letter was mailed on
January 23, 2006, Required studies were submitted on March 23, 2006, A DRC meeting
was held on April 20, 2006 and comments were sent to the applicant. A meeting with the
project consultant is scheduled for May 16, 2006 to discuss project resubmittal. (PA02-
0204 PA02-0193 - KITZEROW/PETERS)
. R. Alison TM -A Tentative Tract Mapto subdivide 3,71 acres into 11 residential lots located
at 31670 Rancho California Road, The application was submitted on June 9, 2005, A DRC
meeting was held on July 21, 2005, and a letter was mailed to the applicant on August 1,
2005, The applicant submitted revised plans, A second DRC letter was sent on January 30,
2006, The applicant resubmitted plans on April 27, 2006, Comments are due May 15,
2006, (PA05-0176 - LINTON)
. Woodcreek Apartments - A Minor Modification Application to build 35 tenant covered
parking spaceslgarage ports to be located at 42200 Moraga Road, The application was
submitted on May 31, 2005, A DRC meeting was held on July 14, 2005, Revised plans
were submitted on August 4, 2005, A second DRC letter was sent on August 25, 2005,
Staff is currently awaiting the submittal of revised plans, (PA05-0160 - LINTON)
. Silver Oaks - A Development Plan/Tentative Tract Map to construct 110 age restricted
condominiums on 7,5 acres on the northwest corner of Margarita Road and Dartola Road,
The project was submitted on August 9,2005, A third DRC was held on February 23,2006,
The project is tentatively scheduled for a May 17, 2006 Planning Commission Hearing,
(PA05-0235, PA05-0236 - LINTON)
. Tentative Tract Map 32780 - A Tentative Tract Map to divide 22.45 acres into 38 single-
family lots on Walcott Lane north of La Serena, The project was submitted on August 10,
2005, and is awaiting applicant response, A DRC meeting was held and a DRC letter was
mailed to the applicant on December 13, 2005, The project is tentatively scheduled for a
June 2006 Planning Commission Hearing, (PA05-0240 - SCHUMA)
. Stonebriar - Wolf Creek - A Home Product Review for 112 single-family homes in PA21 of
the Wolf Creek Specific Plan, Elevations include three floor plans and elevation types
ranging from 3022 to 3446 square feet. Application was submitted November 4, 2005, A
DRC letter was sent out on December 27, 2005, The applicant resubmitted plans on March
8,2006, and comments were due on due on March 22, 2006, A DRC meeting was held on
March 30, 2006, Revised plans were submitted on April 28, 2006, Staff is currently
reviewing the revised plans, (PA05-0332 - FISK)
. Harveston Product Review, Emery Place -A Development Plan (Product Review) submitted
on February 28, 2006, for 76 single-family cluster homes located within Tract 32436-1 and
32436-F of the Harveston Specific Plan (Noah and Date Street), Staff has tentatively
scheduled a June 17,2006 Planning Commission Hearing, (PA06-0055 - DAMKO)
Miscellaneous
. Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50-foot
high monopalm on Greentree Road, approximately 500 feet east of Via Sierra, The project
was submitted on April 19, 2004, Staff has received third-party review comments, Staff has
postponed scheduling the project for a Planning Commission Hearing at the applicant's
request. Plans were recently submitted for a Planning Commission Hearing, Staff has
requested revisions to the plans and is awaiting the submittal of revised plans prior to
scheduling the project for a Planning Commission Hearing, (PA04-0285 - FISK)
. DoghouselLolita Road Monopalm Wireless Antenna - A Conditional Use Permit to construct
a 50-foot high monopalm with 12 panel antennas, on two-inch microwave dish, a shelter to
match residence, a generator pad for emergency use, and two live palm trees with irrigation
located at 30984 Lolita Road, The application was submitted on June 24, 2005, A DRC
letter was mailed on July 23,2005, This project was resubmitted in November and a second
DRC letter was sent December 16, 2005, A meeting was held with the applicant on January
26, 2006, Staff is currently awaiting resubmittal. (PA05-0195 - KITZEROW/PETERS)
. General Kearney Reservoir Wireless Facility - A Conditional Use Permit to replace an
existing non-disguised unmanned wireless monopole with a new 65 foot tall unmanned
wireless mono pine with 12 antennas, four-foot diameter microwave dish and associated 336
square foot shelter and a back-up generator. The property is east of Placer Lafite and south
of Chemin Coutet. The application was submitted on March 1,2005, A DRC meeting was
held on April 21 ,2005, A second meeting was held on January 24,2006, Staff is currently
awaiting revisions, (PA05-0063 - LINTON)
. T -Mobile Monopine - An application for a Development Plan and Conditional Use Permit to
construct a 70 foot mono pine within a 676 square foot enclosure, to be located at Orchard
Christian Fellowship, 42101 Moraga Road, The application was submitted on January 26,
2006, A DRC meeting was held on March 9, 2006, The applicant resubmitted plans on May
1, 2006, Comments are due on May 15, 2006, (PA06-0026 - LINTON)
. Brightstart Daycare - A Minor Conditional Use Permit for a large family childcare proposed
in a 1,639 square foot home located at 31862 Via Barraza, This project was submitted on
July 26, 2005, and is currently under review, A DRC meeting was held on September 1,
2005, and a DRC letter was sent on September 13, 2005, Staff is still awaiting applicant
response, (PAOS-0213 - SCHUMA)
. Roripaugh Ranch Specific Plan EIR Addendum - An EIR Addendum to the Certified
Environmental Impact Report for the Roripaugh Ranch Specific Plan for offsite
improvements including the Nicolas Road Bridge and related Channel Improvements to
Santa Gertrudis Creek, The application was submitted on February 24, 2006, Staff
reviewed and provided comments on May 5,2006, (PA06-00S1 - KITZEROW IPETERS)
. Roripaugh Ranch Conditions of Approval Modification - A Major Modification to Conditions
of Approval for Tracts 29661 (Conditions of Approval Nos, 17, 19, and 27), Tract 29353
(Condition of Approval 15), and Tract 32004 (Condition of Approval Nos, 8, 9,10,24,37,38,
and 39) relative to issuance of building permits and timing of landscaping bonds for
Roripaugh Ranch, The application was submitted on February 27, 2006, The project is
scheduled for Planning Commission on May 17, 2006, (PA06-00S3 - KITZEROW/PETERS)
. Roripaugh Ranch Specific Plan PA4B -An Extension ofTime application submitted March
23, 2006 for a previously approved Home Product Review for the construction of 113 single
family homes, This project is located within Planning Area 4B of the Roripaugh Ranch
Specific Plan, The project is scheduled forthe June 7, 2006 Planning Commission, (PA06-
0079 - SCHUMA)
Small Business Assistance
. Wine Sellars - An Administrative Development Plan for an outdoor dining area has been
submitted for this wine tasting facility at the southeast corner of Sixth Street and Old Town
Front Street (The Hitching Post Center) in Old Town Temecula, Staff is waiting for a
response from the owner and applicant to a comment letter that was sent to them outlining
the requirements for the Public Works and Community Services Departments, (PAOS'{)269
- NOLAND)
. The Golf Store - Staff received final elevations from the owner of this Old Town business for
the development of new signs that are consistent with the sign program for the Penfold
building, (PAOS-0340 - NOLAND)
. Bob & Gary's Field Fresh Berries - Staff approved a Major Temporary Use Permit to
establish a strawberry stand in the Palomar Shopping Center at Margarita Road and Rancho
California Road, (PA06-00n - NOLAND)
. Lonnie Smith Construction - A new sign and landscaping plan has been proposed for this
new commercial office use in Old Town Temecula, This project is tentatively scheduled to
go before the Old Town Local Review Board on May 8, 2006, (PA06-0072 - NOLAND)
. The Country Cottage - An application was submitted to repaint this existing building in Old
Town Temecula, Staff is working with the owner who is going to provide additional
information for review, (PA06-0120 - NOLAND)
. General Dentistry and Dentures 4-U - This Old Town business located in Old Town Plaza
has submitted an application for three new signs, Staff is reviewing the proposal for
compliance with the approved sign program, (PA06-0073 - NOLAND)
Special Event Permits
. Guidant Groundbreaking Ceremony-A Minor Temporary Use Permittor a ground breaking
ceremony to be held on May 10,2006 from 2:00 PM to 3:00 PM at Guidant's east campus,
(PA06-0129 - LINTON)
. Painted Parasol Festival - Staff approved this Major Temporary Use Permit for the
Redevelopment Department. This event took place on April 22, 2006 in Old Town
Temecula, Vendors, entertainment and children's activities were featured, (PA06-0081 -
NOLAND)
. MS Walk - The National MS Society received approval for a Major Temporary Use Permit
for a walk that took place at City Hall and the streets of the Rancho California Business Park
on April 22, 2006, A license agreement was signed by the applicant for the use of all City
facilities, (PA06-0080 - NOLAND)
Special Proiects & LonQ RanQe PlanninQ Activities
The Division also commits work efforts toward larger scale and longer time frame projects for
both private and public purposes, These activities can range from a relatively simple ordinance
or environmental review to a new specific plan or a general plan amendment. Some of the
major special projects and long range planning activities currently in progress are described in
the paragraphs below:
. Development Code Clean-Up Amendment - Staff has finalized the proposed amendment to
the Development Code, The proposed amendment includes amending front yard setback
requirements in residential districts, integrating state law requirements for density bonuses
and creating new sign standards for existing developments, and other minor modifications
and clarifications, This item went to the April 5, 2006 Planning Commission Hearing and is
scheduled for the May 23,2006 City Council meeting, (PAOS-0041 - WEST)
. Old Town Specific Plan Amendment - Staff has finalizing the draft amendment to the Old
Town Specific Plan to expand the protection for historic structures throughout the City, as
well as make a number of other clarifications related to alleys, signage, and mixed use
projects within the Old Town Area, This item went to the April 19, 2006 Planning
Commission meeting and is scheduled for the May 23,2006 City Council meeting, (PA04-
OS96 - WEST)
. Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff
has started the development process for Mixed Use Development Standards by reviewing
existing projects and guidelines, This is expected to result in a recommended approach for
areas of the City that are designated for Mixed Use development. (WEST)
. Hillside Development Policy - The policies are being examined for integration into the draft-
grading ordinance, Staff is working with GIS to analyze topography, soil types,
environmental (habitat), and other constraints, (PAPP)
. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and
procedure manual for processing CEQA documents, including the adoption of local
exemptions, This is expected to include significance thresholds and procedures forthe City
to contract for the preparation of environmental impact reports, (PAPP)
. Project environmental reviews and permitting:
.:. Diaz Road General Plan Level Improvements - Staff has prepared an Initial Study to
determine the impacts of constructing ultimate improvements on Diaz Road, Staff is
recommending that a Negative Declaration be prepared, the scheduling of this item for
the City Council will be coordinated with Public Works Department. (EA07 - PAPP)
.:. 1-15 I SR79 South Ultimate Interchange Project - Staff continues to provide comments to
the Public Works Department on the issues that need to be addressed in the
NEPAICEQA document that is to be prepared for this project. (EA111 - WEST)
.:. Civic Center Initial Environmental Study - Staff is reviewing the proposed Civic Center
and Mercedes Street improvements pursuant to CEQA guidelines, (EA125 - WEST)
.:. Rancho Vista Sidewalk Project - Staff recommended a categorical exemption for the
proposed sidewalk improvement project along Rancho Vista Road pursuant to CEQA
guidelines, (EA126 - WEST)
General Plan Amendments
. Map 32780 - A General Plan amendment to amend the Land Use Designation from Very
Low (VL) to Low Density (L) for a 22.45 acre parcel located on Walcott Lane north of La
Serena (APN 957-170-032-033-034-035-036), This application was submitted on August
13, 2005, A DRC is scheduled for November 15, 2005, A DRC was held and a DRC letter
was mailed to the applicant on December 13, 2005, (PA05-0283 - SCHUMA)
ITEM NO. 38
Approvals
City Attorney
Director of Finance
City Manager
p..("""
,L)1l
9c
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Mitch Aim, Chief of Police
DATE:
May 23, 2006
SUBJECT:
Police Department Monthly Report
The following report reflects the activity of the Temecula Police Department for the months of March
and April 2006,
March April
2832 2947
36 47
5.43 5,19
March April
388 470
126 346
0 0
997 1089
March April
10,2 7.4
4,6 6.4
3 2
PATROL SERVICES
Overall calls for police service
"Priority One" calls for service
Average response time for "Priority One" calls
VOLUNTEERS
Volunteer administration hours
Community Action Patrol (CAP) hours
Reserve officer hours (patrol)
Total Volunteer hours
INVESTIGATIONS
Average open cases per detective
Average case closure rate (per Detective)
Number of community seminars conducted
Presentations:
Robbery Presentations (4)
Sex Assault Seminar
CRIME PREVENTION/GRAFFITI
Crime prevention workshops conducted
Residentiallbusiness security surveys conducted
Businesses visited
Businesses visited for past crime follow-up
Crime prevention articles
Total square footage of graffiti removed
March
4
3/0
21
24
1
14,040
April
6
2/0
19
21
1
5,038
OLD TOWN STOREFRONT
Total customers served
Sets of fingerprints taken
Police reports filed
Citations signed off
Total receipts
March
267
35
47
14
$9,513
April
315
46
3
12
$9,490
POP TEAMS
On sight felony arrests
On sight misdemeanor arrests
Felony arrest warrants served
Misdemeanor arrest warrants served
Follow-up investigations
Drugs seized:
Methamphetamine,..,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,......,..,..,..,..,....,..,..,......,..,..,.. 7,7 grams
Marijuana, '" '" '" '" '" "'" '" '" '" "" '" '" '" '" '" "'" '" '" '" "" '" '" '" '" "'" '" '" '" "" '" '" '" '" '" "'" ",,56,3 grams
Morphine ,..,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,......,..,..,..,..,....,..,..,......3 Tablets (3 grams each)
March
5
26
8
11
5
April
5
21
3
15
6
GANG TEAM
On sight felony arrests
On sight misdemeanor arrests
Felony arrest warrants served
Misdemeanor arrest warrants served
Follow-up investigations
Drugs seized:
Methamphetamine ,..,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,......,..,..,..,..,....,..,..,......,..,..,.. 1,7 grams
Marijuana,..,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,......,..,..,..,..,....,..,..,......,..,..,..,..,..,...." 12,5 grams
Presentations:
Press Conference - Gangs in Temecula and plan to stop graffiti
March
2
3
o
o
2
April
2
2
2
o
3
SPECIAL ENFORCEMENT TEAM (SET TEAM)
On sight felony arrests
On sight misdemeanor arrests
Felony arrest warrants served
Misdemeanor arrest warrants served
Follow-up investigations
Drugs Seized:
Marijuana"",,""""""""""""""""""""""""""""""""""""""""""""""""""""""'" "" ,9 ,6 ounces
Xanax (no prescription) ..,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,......,.." 20 pills
Flexeril....,..,..,..,..,..,....,..,..,......,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,...., 18 pills
March
4
9
o
1
1
PROMENADE MALL TEAM
Calls for service
Felonyarrestlfilings
Misdemeanor arrest/filings
Vehicle burglaries
Vehicle thefts
March
493
7
23
2
o
April
2
8
o
1
1
April
422
6
19
6
1
YOUTH ACCOUNTABILITY TEAM
Orientations delivered to new program members
School visits
Home visits
Presentations:
Parent Project
Southwest Juvenile Hall Tour
Southwest Station Jail Tour (2)
March
6
47
8
TRAFFIC
Citations issued for hazardous violations
D,U,I. checkpoints conducted
Non-hazardous citations
Stop Light Abuse Program (SLAP,) citations
Neighborhood Enforcement Team (N.E.T,) citations
Parking citations
Injury collisions
Presentations:
Vail Ranch Middle - Bicycle Safety
Bella Vista Middle - Bicycle Safety
Gardner Middle - Bicycle Safety
Vail Ranch Middle - Bicycle Safety
Erie Stanley Gardner Middle School - Bicycle Safety
Temecula Charter - Bicycle Safety
Temecula Preparatory - Bicycle Safety
Chaparral High School - Driver's Education (Seatbelt Safety)
March
1295
1
122
306
113
110
18
April
11
30
6
April
1648
o
183
375
344
398
16
SCHOOL RESOURCE OFFICERS
Felony arrests
Misdemeanor arrests
Citations
Youth counseled
Presentations:
Temecula Valley High School (4 presentations) ...................................................................., Drugs
Temecula Valley High School..................................................................................,Job of the SRO
Chaparral High School (12'h Grade) ............................................Job FairlRiverside County Sheriff
Tony Tobin Elementary (4'h and 5'h Grade) ..........................................................................Bullying
Chaparral High School (12'h Grade) (2 presentations) ..........................................................,Gangs
Ysabel Barnett Elementary ..................................................................,...., SafetylStranger Danger
French Valley Elementary (7 presentations).................................................. Read Across America
Abby Reinke Elementary,..,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,..,......,..,..,..,..,..,....,..,.... Bike Safety
Pechanga Res, ........................................................................................,.. Drugs and Their Effects
March
10
6
25
301
April
3
6
67
319
ITEM NO. 39
Approvals
City Attorney
Director of Finance
City Manager
~r-
iJl2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Jim O'Grady, Assistant City Manager
DATE:
May 23, 2006
SUBJECT:
Economic Development Department Monthly Report
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
RECOMMENDATION:
Receive and file
The following are the recent highlights for the Economic Development Department for the month of
April 2006,
ECONOMIC DEVELOPMENT
Leads and Inquiries
A Pre-Application came in on 2/28/06 for three, two-story office buildings totaling 66,000 square
feet on the property nextto Rancho Community Church, This piece of property was once owned by
the Church and was planned to be a ball field, but was sold,
Staff continues to work on finding a location for an individual looking to open up a comedy club
venue as well as several expansionslrelocations for local businesses in Temecula,
Events
City Council and staff attended The State of the City on April 5th at Pechanga Resort & Casino,
Over 500 people attended, Mayor Roberts showed a video, narrated by retired CNN news reporter
Mark Burnheimer, highlighting the previous year's accomplishments, To highlight new projects,
Mayor Roberts took the role as a "television news anchor," and introduced his program, "Temecula
News Today,"
Staff prepared the special events funding staff report for the Temecula Valley Balloon & Wine
Festival, Temecula International Jazz Festival and Temecula Valley International Film and Music
Festival.
Councilmember Edwards and staff attended the Temecula Corporate CenterGroundbreaking on
April 20th The project is located on Via Industria near the EDGE building and consists of office, flex
tech and industrial facilities,
Staff worked with graphic designer Mark Fisher on developing a new ad for the Temecula Valley
Balloon & Wine Festival Program. The City receives a free full-page ad in the event program,
The City of Temecula hosted The Maintenance Superintendents Association Administrative
Day Luncheon which was held at Callaway Winery on May 27'h Mayor Pro Tem Washington
attended and provided the welcome message, The Maintenance Superintendents Association is
supported by a membership comprised of Mid Management Municipal, County, State and Special
District employees who are responsible for, and dedicated to the cost effective maintenance of the
Public infrastructure, and the commercial entrepreneurs who supply them with the equipment,
materials and technical support to carry out this vital mission, The Association is also dedicated to
the ongoing education of its members and the dissemination of available safety procedures,
MedialOutreach Materials
Staff provided the City article for the April Chamber of Commerce Newsletter. The article "The
Temecula Police Department, Working in Partnership with the Promenade in Temecula."
The article highlighted the police substation within the Promenade Mall and provided information on
the services it will provide, The article was also submitted and published in The Valley Business
Journal.
Staff met on April 24'h to discuss the new city web design, During the month of April, staff
prepared information for the Economic Development section for the city Website,
Staff prepared the new design for one of the City banners that are displayed on Rancho California
and Winchester Roads, The design reflects the City marketing logo,
Staff finalized the update on the high-end retailldemographic brochure with the graphic designer.
The brochure will be included in the City's business kit, distributed to local commercial brokers,
Temecula Chamber, Economic Alliance, Promenade Mall staff and to the EDC of Southwest
California,
Meetings
Staff met with a venture capitalist regarding investment opportunities in Temecula on April 3'd
Staff attended the Economic Development Corporation of Southwest California Business
Relations Committee Meeting on April 6'h Company contact reports included Bella Sante and
Sierra Pacific Farms, Staff reported on: Outdoor Channel, Chemicon, Guidant, wireless in Old Town
update and Yeager Construction award of bid for the Higher Education Center.
Staff attended the Partners in Education Committee Meeting on April3,d The committee heard
an overview of the Construction Technology Course from Great Oak High School teacher Kyle
Hudson and discussed the viability of it. Updates included: Career Day at Great Oak High School
in late April and they have speakers in 14 areas coming, Two high schools have been confirmed for
Job Fair Workshops, Don McAuliffe sent out the final version of the Business Newsletter to the
District and will be given to the Temecula Chamber to insert into their newsletter. As a member of
the Partners in Education Committee staff participated at the Great Oak High School Career Class
on April 17th,
Mayor Roberts and staff attended the Economic Development Corporation of Southwest
California Board of Director's Meeting on April 20'h
D The EDC ratified the actions of the Executive Committee authorizing the EDC to work with
Supervisor Stone's office and the EDA to develop an agreement whereby Stevie Field would
again be the lead person for the SW California Economic Alliance, but would also retain
some duties in Supervisor Stone's office,
D The Board approved sending a letter of support for Bruce Varner for appointment to the UC
Board of Regents, This region has not had a representative on the Board in recent years,
Mr. Varner is an attorney, member of the Monday Morning Group, and member of the Board
for UC Riverside and Cal State San Bernardino,
D Rob Field is leaving the airport operations area for a promotional opportunity in the County
EDA,
Staff attended the TemeculalMurieta Group Meeting on April 7th, Dr. Bill Marshall, Western
Center for Archaeology and Paleontology, spoke on this new complex which is scheduled to open
this summer. The Western Center for Archaeology & Paleontology has been designed to provide
world-class facilities for the research, curation, and presentation of nearly 1,000,000 specimens
discovered during the development of Diamond Valley Lake, The Western Center will allow
scientists, researchers, students and the general public to interact with and to understand the
creatures and peoples who inhabited the Diamond Valley during the Ice Age past.
On April 5'h, Mayor Pro Tem Washington and staff met with members of the Temecula Valley
Convention & Visitors Bureau (TVCVB) and Temecula Valley Chamber of Commerce to discuss
the funding request for the TVCVB,
Staff met with John Roberts of KZSW on April6'h regarding Neilson rating service for Temecula-
Murrieta area, Mr. Roberts informed us that the Temecula-Murrieta area is considered part of the
Palm Springs DMA (Designated Market Area, I think) by the Neilson rating service,
The Alliance Partners and the Economic Development Corporation of Southwest California met on
April6'h to discuss the replacement for Gregory Lee, Manager Business Development for Southwest
California Economic Alliance who went to work for The City of Riverside,
Staff prepared the draft Economic Development budget and budget requests packets from the
Economic Development groups. On April 12'h, the Economic Development Subcommittee, Mayor
Roberts & Mayor Pro Tem Washington, and staff met to discuss the FY2006-07 Economic
Development funding requests, Representatives of the Temecula Valley Convention & Visitors
Bureau, Musicians Workshop and Temecula Valley International Film & Music Festival made
presentations, This meeting was noticed,
Staff attended the 1-15 IRP Economic Development Committee Meeting on April 13'h Items
discussed included:
1) Several regional economists are still collecting data
2) SANDAG is preparing to go out with a Travel Behavior Study in about 30 days, This will
gauge why people traveled into San Diego during a selected one week period, The 1-15
Economic Development Committee was allowed to submit questions that could be
considered in the short survey, This data allows us to see our "gaps" and have a better
handle on commuter patterns,
3) There are plans to perform an in-depth survey for jobslhousing imbalance, It is likely this
will be very similar to the one completed 3-4 years ago,
4) There was discussion on wireless technology and fiber optic projects in residential
neighborhoods as incentives,
Staff attended a Guidant DRC Meeting on April 20'h City staff is working closely with Guidant to
review and process their plans, The Director's Hearing for the overall concept design plans is
scheduled for mid- May,
Staff attended the EDC of Southwest California Executive Committee Meeting on April 17'h
Staff attended the EDC of Southwest California Quarterly Lunch on April 27th at Pechanga
Resort & Casino, The topic "A Traveler's Tale - Driving in Southwest California - Road, Highway &
Transportation Infrastructure" was presented by the Cities of Lake Elsinore, Murrieta, Temecula and
Riverside, Mayor Roberts spoke on behalf of the City of Temecula,
Staff worked with the Inland Empire Film Commission (IEFC) on producing the Film Permit
Application for Temecula and appropriate website links for filming. The Inland Empire Film
Commission (IEFC) acts as a Film liaison with The City of Temecula,
ATTACHMENTS
Temecula Valley Chamber of Commerce Activities Report
Temecula Valley Convention & Visitors Bureau
Southwest California Economic Alliance Activities Report
Economic Development Corporation of Southwest California Activities Report
(not submitted)
I~~
TEMECULA VALLEY CHAMBER OF COMMERCE
May 10, 2006
Shawn Nelson, City Manager
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Dear Shawn,
Attached please find the Aprii Monthly Activity Report as per our contract with the City of Temecula.
This is the month of April at a glance:
Business Inquiry Highlights: In the month of April twelve businesses requested information on
starting/relocating their business to Temecuia, They received a business packet, which included a
copy of the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc.
TVCC Chamber Board Highlights: 2006 Business & Economic Forecast - Michael Bazdarich,
the Chief Economist for Western Asset Management will present the economic forecast on Thursday,
June 22, 2006 at South Coast Winery.
2006 Assembly member Candidates Forum: The Chamber will present the 2006 Assembly
member Candidates' Forum on Monday, May 22, 2006 at Temecula City Hall.
Southwest California Legislative Council: The SWCLC representing the region began the process
of preparing a legislative bill to be introduced in the state legislature. The bill Grants the Governor the
authority, under certain conditions, to declare a transportation state of emergency," This unique state
of emergency would be specific to areas in California where bureaucratic processes pose a
significant threat to the future of the area's particular transportation projects," Assembly member
John Benoit introduced the bill for Temecula Valley Chamber and Regional Coalition, The bill was
defeated by a 6 to 5 vote. It is possible that this bill will be reformatted and included in the pending
bond issue. The SWCLC will continue to work towards improving transportation issues.
Temecula Valley Convention and Visitors Bureau: Please see the attached April 2006 Monthly
Report.
Business Development Resource Committee: The Chamber Spotlight winner for May was Apples
& Jack Rabbits Inc, The May Mystery Shopper winner was Oak Grove InstitutelJack Weaver School.
The Business Success Forum was held on Tuesday, April 11th, and the topic was Advertising in
Directories,
Library Program - The committee is working in conjunction with the Temecula Library to create a list
of books that would be useful to local businesses. Members can then access the list to contribute by
donating a book from the listing. The committee anticipates that the program will be launched
simultaneously with the opening of the new library facility.
Education Committee: The Education Committee and staff presented a very successful Annual
Youth Job Fair at The Promenade with 250 students in attendance applying for jobs,
26790 Ynez Court. Temecula, CA 92591
Phone: (951) 676-5090 . Fax: (951) 694-0201
www.temecula,org . e-mail: info@temecula.org
Membership & Marketing Committee: Twenty-five businesses joined the Chamber this month and
ninety-five members renewed. Staff and Ambassadors attended ten Ribbon Cutting events, The
Membership Networking Breakfast was held at Embassy Suites Hotel and was attended by sixty-nine
members, Fifteen members attended the April Power Networking Workshop. The attendees
commented they enjoyed the new workshop format. The monthly mixer was hosted by the Lake
Elsinore Storm and co-hosted by the US Army and California Coast Credit union, The mixer was a
hit.
Special Events Committee: The 6th Annual Business & Economic Forecast will take place at South
Coast Winery Resort & Spa on Thursday, June 22,2006 from 7:30 a,m, to 9:00 a,m. Presenting will
be Michael Bazdarich, Chief Economist for Western Asset Management Corporation. The 2006
Legislative Summit will be held on Thursday, September 14th at South Coast Winery Resort & Spa.
The topics that will be discussed are transportation and utilities, Featured panelist confirmed to date
will be; Wally Baker with the LAEDC, Joe Gridstaff with the California Bay Delta Authority, Senator
Torlakson, Anthony Miranda and the event Moderator will be Dan Walters with the Sacramento Bee,
Tourism Highlights (Sulk brochure distributors)
Activity Report:
. 12 Visitor Guide requests were processed from the City of Temecula's Westway's advertising
marketing piece.
. 108 Visitor Guides were distributed to Sam Lad with the Ramada Inn for hotel guests,
. 50 Visitor Guides were distributed to the Hampton Inn for hotel guests.
. 100 Winery Maps were distributed to Diana from Maurice Carrie Winery for winery guests,
. 50 Winery Maps were distributed to Walt Kilmer with Rose Doctor for fellow bus riders,
. 25 Visitor Guides and 50 Winery Maps were distributed to Pechanga Resort & Casino for hotel
guests.
. 16 Visitor Guides and 16 Winery Maps were distributed to Shauna Shaver with Quarter Horses
for a family reunion in July.
. 10 Visitor Guides and 10 Winery Maps were distributed to Lori Lesser with Keller Williams Realty
for new residents,
. 10 Visitor Guides and 10 Winery maps were distributed to Andrea Diaz with Tarbell Realtors for
new residents,
Activity Report:
. Tourism calls for the month of April- 1,373
. Phone calls for the month of April - 2,613
. Walk-ins for the month of April - 2,843
. Web Page User Sessions for the month of April - 6,255
Also, attached are the meeting minutes for the Convention and Visitors Bureau, Southwest California
Legislative Council, Special Events, Business Development Resource, and Membership & Marketing
committees. If you have any questions regarding this information, please call me at (951) 676-5090
or e-mail asullivan@temecula,orq, Thank you.
cc: Mayor Ron Roberts
Councilman Jeff Comerchero
Shawn Nelson, City Manager
Jim O'Grady, Assistant City Manager
Gloria Wolnick, Marketing Coordinator
Mayor Pro Tem Chuck Washington
Councilman Mike Naggar
Councilwoman Maryann Edwards
Gary Thornhill, Deputy City Manager
TVCC Board of Directors
Temecula Valley Chamber of Commerce
Monthly Activity Report
April 2006
Chamber Vis. Center Year- To-Date
PHONE CALLS This Month This Month Total
TOURISM
Tourism Referrals 281 1,008 727
Calendar of Events 194 554 360
Special Events 174 793 619
General Information 724 2,842 2,118
TOTAL TOURISM CALLS 1,373 5,197 3,824
Relocation 129 455 326
Demographics 97 364 267
Chamber 477 2,134 1,657
Miscellaneous 537 1,710 1,173
TOTAL PHONE CALLS 2,613 9,860 7,247
WALK-INS
Tourism 172 5 679 507
Calendar of Events 138 2 401 263
Special Events 104 1 681 577
General Information 765 20 2,742 1,977
Relocation 765 2,221 1,456
Demographics 57 247 190
Chamber 465 1,675 1,210
Miscellaneous 377 1,619 1,242
TOTAL WALK-INS 2,843 28 10,265 7,422
MAILINGS
Tourism 349 4,578 4,229
Relocation 36 148 112
Demographics 31 132 101
TOTAL MAILINGS 416 4,858 4,442
E-MAIL
Tourism 40 182 142
Relocation 26 138 112
Miscellaneous 167 696 529
TOTAL E-MAIL 233 1,016 783
WEB PAGE USER SESSIONS 6,255 25,290 19,035
GRAND TOTALS This Month Y ear- To-Date
PHONE CALLS 2,613 9,860
WALK-INS 2,843 10,265
MAILINGS 416 4,858
E-MAIL 233 1,016
WEB PAGE USER SESSIONS 6,255 25,290
PHONE CALLS
TOURISM
Tourism Referrals
Calendar of Events
Special Events
General Information
TOTAL TOURISM CALLS
Relocation
Demographics
Chamber
Miscellaneous
TOTAL PHONE CALLS
WALK-INS
Tourism
Calendar of Events
Special Events
General Information
Relocation
Demographics
Chamber
Miscellaneous
Visitor Center Walk-Ins
TOTAL WALK-INS
MAILINGS
Tourism
Relocation
Demographics
TOTAL MAILINGS
E-MAIL
Tourism
Relocation
Misceilaneous
TOTAL E-MAIL
WEBSITE USER SESSIONS
Annual Volume Comparisons
Chamber Chamber
April 2005 April 2006
321 281
190 194
184 174
1,006 724
1,701 1,373
195 129
125 97
812 477
450 537
3,283 2,613
212 172
150 138
116 104
854 765
159 765
117 57
586 465
303 377
28
2,497 2,871
620 349
40 36
44 31
704 416
107 40
89 26
187 167
383 233
5,836 6,255
. Chamber referrals reflect faxes, walk-ins and phone calls
Percentage
-12%
2%
-5%
-28%
-19%
-34%
-22%
-41%
19%
-20%
-19%
-8%
-10%
-10%
381%
-51%
-21%
24%
#DIV/OI
15%
-44%
-10%
-30%
-41%
-63%
-71%
-11%
-39%
7%
(40)
4
(10)
(282)
(328)
(66)
(28)
(335)
87
(670)
(40)
(12)
(12)
(89)
606
(60)
(121)
74
28
374
(271)
(4)
(13)
(288)
(67)
(63)
(20)
(150)
419
Ill"'41 TEMECULA VALLEY
Il..~ CHAMBER OF COMMERCE
Building strong business and community relationships
Membership and Marketing Meeting Minutes
Wednesday, Apri/12, 2006 - 8:00a,m, -9:00a,m. Chamber Conference Room
Sponsored by Community Little Book
Celebrating 40 Years o/Service
Mission Statement: Develop programs to maintain and build a membership commensurate with the
growth of the Temecula business community and simultaneous growth of the Chamber, Serve as
goodwill representative and strive to enhance the value of membership encouraging ongoing dialogue
between members,
Committee Chair: Dan Brunell
Co-Chair: Jann Gentry
Board Liaisons: Janet Beck
Tom Paradis
Committee Present: Jack Harlan, Jann Gentry, Dan Brunell, Ginny Mulhern, Barak Berlin. Janet
Beck, Tom Paradis, Scott Crane, Carole Crocker, Yolanda Levy, Vanessa Banks, Tom Mckenzie,
Mike Ritchie, Denice Games, Judy Remsen, Rosalyn Hall.
Board Liaisons Present: Janet Beck, Tom Paradis
Staff Present: Jodi Wenzel, Kimberly Freize-Uhler, Alice Sullivan
Minutes
Committee Chair Dan Brunell called the meeting to order at 8:00a,m. Self-introductions of the
committee followed, The minutes of the previous meeting were reviewed and motioned for approval
by Ginny Mulhern and seconded by Barak Berlin, which carried,
Special Presentation:
A representative, Katie Wilson, made a presentation on the Special Olympics event. Wilson reported
the Special Olympic Torch is scheduled to come through the Temecula area in conjunction with the
torch there will be other events including Fire Truck pulls and a dinner,
Sub-Committee Reports
Retention:
By Dan Brunell:
Retention letters were sent out for the drops. Nothing new to report at this time
Welcome:
By Dan Brunell:
Thank you to those who are assisting in making the calls. Brunell reported at the next Ambassador
meeting they will review the survey provided by Denice Games to discuss implementation.
Ambassador participation in making retention calls was also discussed,
Networkina Breakfast:
By Jack Harlan
Harlan reported the committee was still in need of Coffee sponsors and it was reported the Spotlight
sponsors are almost full for the year, It was also reported the Project Form for the Quarterly
Networking Luncheon was approved by the Board of Directors, The sub-committee will begin
planning the Quarterly Luncheon event
Marketina:
By Carole Crocker-Sub Committee Chair:
Crocker reported that the marketing taskforce meeting was held. Samples of all TVCC materials and
other chamber logos were reviewed, Another taskforce meeting was scheduled in 2 weeks,
Power Networkina Workshoo:
By Staff:
Staff reported 22 members attended the March Power Networking Workshop. The workshop
continues to be a success,
Mixer:
By Ginny Mulhern:
The mixer event is doing great and has been very well attended, A sign-up sheet for volunteers for
the April Mixer was passed around, Staff provided a listing of the remaining mixer hosts for 2006,
and reviewed the April Mixer held at the Lake Elsinore Storm,
Ambassador Proaram:
By Jann Gentry-Sub Committee Chair:
Gentry reported the need for additional committed Ambassadors. She would like to see 40
individuals in the program, Gentry thanked the Ambassadors currently in the program. It was
reported the Ambassadors are helping with the welcome calls, Retention Committees and ribbon
cuttings, Gentry also suggested to the other sub-committee chairs if they have items they need
assistance with to check with her to see if the Ambassadors may be able to assist. Gentry explained
one role of an Ambassador's is to introduce themselves to new members. She also would suggested
Ambassador's be diligent about wearing their nametags and Ambassador Ribbons. It was also
reported the next Ambassador Training Class is scheduled for April 20th
Member Appreciation NiQht:
By Ginny Mulhern - Sub Committee Co-Chair
The committee is beginning to look for a location for the event. Nothing additional to report at this
time,
4th of Julv Event:
By Ginny Mulhern _ Sub Committee Chair
It was reported the next committee meeting was scheduled for April 18th at 11 :OOam at the Temecula
Valley Chamber of Commerce. Mulern asked for imprinted items to distribute at the event. Crocker
suggested a sign-up sheet to man the booth at the event be circulated at the next Membership
Committee Meeting, Crocker also mentioned even if you are unavailable to work the actual event
there is a need for assistance the days prior,
City of Temecula Report:
By: Alice Sullivan
Sullivan reported Ubnoske is pulling together information on the Library Project, the Old Town Civic
Center and should be able to have Architect drawings to present as well.
Hospital Report:
By Scott Crane: - SouthWest Healthcare System
Crane reported the plans for the new hospital to be located on Highway 79 South were currently
being reviewed by the State of California. He reported is would take 12-15 months to complete the
review, Crane reported the challenges with the two groups opposing the hospital's construction are
ongoing,
Board Report:
By Alice Sullivan
Sullivan reported the Board was excited to see the idea of the quarterly luncheon and approved the
project form, Sullivan also reported that SB288 relating to Indian Gaming passed which will have a
direct impact on the amount of money the Inland Empire will be receiving, She also reported the
Youth Job Fair was scheduled to be held on April 29, 2006. Sullivan reported The State of the City
event was attended by 550guests, It was reported the Convention and Visitors Bureau was going to
be in front of the Temecula City Council that same day to ask for funding. Sullivan mentioned the Old
Town Temecula Business Association was formed and the merchants in the Old Town Area have
extended their business hours to accommodate evening shoppers.
Open Discussion:
The dates and times of the upcoming Temecula Valley Chamber of Commerce Events were reviewed.
Meeting adjourned: 8:50am
Next Meeting Date: Wednesday, June 14, 2006
Chamber Boardroom
Sponsored By: Community Little Book
II~!~I
TEMECUlA VAllEY CHAMBER OF COMMERCE
Business Development Resource Committee
MEETING MINUTES
Wednesday, April 19th, @8:00am
TVCC Conference Room Sponsored by Community Little Book
Committee Chair: Bob Hagel (present)
Board Liaisons: Bill Seltzer (present)
Co-Chair: Ginny Mulhern (present)
Members Present: Laura Bruno, Barak Berlin, Carole Crocker, Roselyn Hall, Chad Hensley
Staff Present: Michelle Knowles
Approval of Minutes
A motion was made to approve the March 15th, 2006 meeting minutes as written. The motion
was seconded and carried.
Member Recoanition Proaram
Mysterv Shopper Prooram
The Mystery Shopper winner for April is We The People. Hagel announced he has a contact of
someone new to the community that would be willing to Mystery Shop businesses. The
Committee suggested placing Mystery Shopper criteria in all new member packets and the
Temecula Today newsletter,
Chamber Spotlioht
The May Chamber Spotlight winner is Still point Center for Integrative Medicine.
Business Success Forum
Mulhern gave a recap of the April 14th Business Success Forum. The Small Business
Development Center is willing to provide material for the months with marketing topics, May's
topic of discussion will be Hardware & Software For Your Business.
Resource Librarv
Crocker and Hensley provided the committee with a sample layout of book inserts and a
commitment form for those companies that are interested in sponsoring books for the Temecula
Library. They asked to meet to discuss further with a subcommittee including Berlin and
Crocker.
Technoloav Expo
Hagel provided the committee with last years Zoomerang questions and asked for any
suggestions, Staff will send out the survey after it has been finalized.
Board Update
Seltzer updated the committee on the Chamber Golf Classic, which will take place on Friday,
May 5th at Temecula Creek Inn. The Mixer is tonight at 5:30pm at Lake Elsinore Storm Baseball.
The Ambassador Networking Breakfast is next Wednesday, April 26 at 7:30am at the Embassy
Suites Hotel-TV Wine Country,
Committee Updates
No report,
Adiournment
Thank you for attending!
NEXT MEETING: May 17'h, 2006 at 8:00am
Location: TVCC Conference Room Sponsored by Community Little Book
Temecula Valley Chamber of Commerce
Special Events Committee
Meeting Minutes
April 18, 2006
Chairperson: Patricia Whitney
Board Liaisons: Kelly Daniels and Bette Endresen
Co-Chair: Rose KamppiIa
Members Present: Lalli Guerriero, Roselyn Hall, Rose Kamppila, Christina Nichols, Karie
Strawn, Paula Tobin, Patricia Whitney,
Board Present: Bette Endresen, Bill Seltzer
Staff Present: Melissa Hayer
Approval of Minutes
A motion was made to approve the January 17,2006 meeting minutes as written. The motion
was seconded and carried.
40th Annual Awards Gala
The 40th Annual Ruby Awards Gala was a wonderful event! Over 600 people were in
attendance. The final net income was $31,598.21. The board agreed to not have a live auction in
future events. Overall the feedback for the event was very positive.
2006 State of the City Address
The final net income was $13,916.13. Next year the committee agreed to budget for one
teleprompter and increase the AIV budget. Everyone enjoyed the humor in the event. It made it
entertaining. The attendees appreciated the promptness of the event. The invites were beautiful.
The introduction of the dignitaries was great!
16th Annual Chamber Golf Classic
This year's tournament will be held Friday, May 5th, 2006 at Temecula Creek Inn. Paradise
Chevrolet Cadillac has agreed to be this year's Title Sponsor. Seltzer is the committee
Chairman. Seltzer is making it his goal to make this year's event the most profitable tournament
ever. Hole Sponsorships are available for $100 each. Golf Reservations are still available as
well. The volunteer schedule was passed around for everyone to sign up. Volunteers are needed
the day before to stuff goodie bags and the day of in various areas.
2006 Economic Outlook Conference
The 2006 event is scheduled for June 22nd at South Coast Winery Resort & Spa. Michael
Bazdarich is the keynote speaker. He will begin with International Economics and work his way
down to our local economy as well as tourism economics. Staff reviewed current sponsors to
date. More Affiliates are always needed. Anyone interested please contact Chamber Staff. The
next meeting will be Wednesday, April 19th at 10:30 a.m.
2006 Lel!islative Summit
This year's event will take place Thursday, September 14th at South Coast Winery Resort & Spa
at 7:30a.m. The event will be a breakfast event. The committee has selected the following
topics to be discussed: Transportation and Utilities. Dan Walters is confirmed as the event
Moderator. The following is a list of panelist that is confirmed to date: Wally Baker with the
LAEDC, Joe Gridstaffwith the California Bay Delta Authority, Senator Torlakson, and Anthony
Miranda. The next committee meeting will be Tuesday, May 16th at 9:30 a.m.
Board Undate
. TVCC Board of Directors will be traveling to Sacramento to attend the California
Leadership Conference April 24th - 26th. They will be meeting with Legislators one on one.
Committee Undates
. The April Mixer will be at the Lake Elsinore Storm from 5:30 p.m. -7:30 p.m.
. The July 4th Committee is looking for promotional items to give away at their booth. They
also need volunteers to help set-up.
Next Meetine: Date
Tuesday, July 18, 2006 at 11 :30 a.m. at the TVCC
APRIL 2006
I
ity:.
April 2006 HIGHLIGHTS
~
I
Recent & Current Events
- The TVCVB interviewed with Valley Living
Magazine for their May issue on Tourism Promotion.
- The TVCVB is currently working with Temecula
411 on developing a community gift card program.
- The TVCVB is working with ROR Media on an in-
room "Concierge TV' program which will be featured
in all Temecula Hotels and will represent Old Town,
Wine Country, Golf, Ballooning, Pechanga, etc. The
program will launch in July 2006.
- The TVCVB met with Jim Carter of South Coast
Winery Resort & Spa on his new hotel, conference
and retail project scheduled to open in 2008. The
TVCVB will possibly partner with Mr. Carter on a
future Wine Country Visitors Center at the facility.
- The TVCVB is partnering with the California
Tourism and Trade Commission (CTTC) on a CA
Cup Golf Invitational scheduled for May 2006. .{).
Additional partners include Redhawk Golf 0
Course, Temecula Creek Inn, Pechanga Resort &
Casino, South Coast Winery Resort & Spa and
Baily's Fine Dining. Attendees will include rep-
resentatives from United Vacations, TalPacific
Holidays, Adventure World, California Tourism
Partners Canada, Germany, Japan, Can usa
Touristik, Air Tours and Visit USA Germany.
California Hotel Occupancy and Room Rates (March 2006) - Average California hotel occupancy for
the month of March 2006 was 1.6% over March 2005. January and February increases were 3.0% and 3.8% respec-
tively. Room rates statewide averaged $109.68, an increase of 9.3% over the prior year, and 13.8% over March 2004.
CoUntY
Orange
Placer
Plumas
Ri""E!rside'
SacramentQ
Sail Benito
San Bernardino
San DiegQ
,otal Empl(lyment """" EamingsCompared to
Travel-G"""...t(!(i EmpIO>yment and E..-ng$, by c.....nty (2004)
Employment Earnings ($MiIliQfiS)
TotiIil T~<eI Percent TOtal Travel Pen:::-em
1...944,220 82.,870 4.3% 101..574..5 2,,377.;6 2.3%
178,660 9..0.50 5.1% 7~699..2 197.3 2.6%
11,730 '1..680 14;3% 389...3 34.2 8.8%
792~340 62,,160 7..8% 29..159A 1:.469..9 5.0%
770,'911) 25:;.380 3~3% 3&..437.6 6:41.1 1.8%
23,830 910 3.8%- 919..5 24..3 2.6%
816,990 42;21:0 5.2% 32...621.6 836~3 2.6.%.
1..840,170 112.,,770 5.1 % 88,.245.73..163~9 3.6'%,
travel Sperdngby COlIII\y,1lJ92-2004
llMiil""l
+i~
19~2 t9!l3 1994 t'-l5 lli!1l! tm 1m tm lOOIl i'OOl 200>2 2IlIl3 2004 Ct.~
Oia"!l' 4,.34M 4,4ilI.,l 4,!lIlU 4l9U 5,l!U 5,54U 5~9!.o !,8W 6)911.9 G,lil4A 6,)38.2 ~,IW'.2 1,3/l11J 4A"
pllllJl!( :l41.!l 37M 397.6 411.1 4U9 41H 5141 54U 563.0 !l6U W.5 6IIl>1 &1311 5.3'1.
plumol 1i4U G9..! 11.:1 1U 76.6 11.01 62.8 Jl4j 8!!.1 ~.,2 91.3 !I!l.l 91111 H$
iiWernde 3,nUIl 3,1011 3,210.l :!,MilJ 3,!l8Ii.1 3,94\l.4 0l,00O.. 4,29:t.l 4,S,lU 4,621U 4,728.2 4,911'1.1 5,m.s 4,5'1.
~ l,wA 1,1673 t,918.4 1,.!1ll.9 l,46a.o t,5&I.2 1~$!l!l 1,758..l 1,944.l 1,931.1 1,9.10.4 ,l,014Jl 2,1M.8 4.4'j,
~~ m ~ W ill m w w m ~ m ~ m _ ~
~s.m.n!irn: 1,9241l 2,tIDM :l,OOU 2,OOU 2,lilii.3 2,311.!A 2,99!13 1,54ll.4 V.lU :l,13U 2,773.4 2,9!iil 3,t4t.J U$
~ llloll" 5,22/1.3 5,914.l1 5,29n 5,463.6 6"m,~ J;~" 7,J,!l.JI,6 8,22/1.1 3,ID'U a,m.3 6,!lU8 9,nt4.a 9~A 5,2'1.
APRIL 2006
I
ibo
e<n
f
April 2006 HIGHLIGHTS
California Transient O<:cupancy Tax by ](.u-isdicU.QR
Eke..IV_
Am_A",$IfIlm
"R:orld- l'Stg.,S 1'9-96 '1"" 'Hhili! 1~99 ~(JOJ) """ :200.2 ""'" ~oj)4 .:1QQS
ftA,CI!JtCOONTY
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lInc:dh. lO.O-,t 8.' !l!L9 ."" ,... 2:2.\ll' l".j
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Ro."",lllfl- &.U~ '<I.U 2c>S3 :ZOl.l!I 402.9 i!!.71.7 94$.:." 'l,l"t.:tl,.3 1,,fi<ati..ti 1.1'!l-:l.~ 1.3.;t7..iS< 1,.512.:2
PLUMAS COUNTY
Um~,...lIt1od g.o'}. ",-1l4-'!l 1"16.3 ~n'4A ~G.2 ...... 944.11 99~.2 1:j/)lt)..6. 1,QU:i!I.l ..,o70-..!>. l,oil!i!!l-.1.
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lIU'VIUIDi! -COUNTY
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DEAN RU~YAN .As$OOA.TfS
PACe 11
Tourism Activity Report
April 2006
TVCVB Walk-Ins
TVCVB Phone Calls
TotaIWalk.In!:1,t"l9
TotaIPhoneCalll:l,J13
TVCVB Website Activity
November 2005 - April 2006
Unique Users Per Month
Hits Per Month
10..
.
.
. .
.
n...
10..0
u_
..000
JOOO
2000
1000
j ; , I f ~
I J ~ <
_.l.. '.Il' ..... '.101 7.1J8 7.'"
~DOO
II
;
J
f
~
t
;
I
1~!.111 ,...... l1J..,J 12J.111 :!l~.'1J 208.1<0
TVCVB Online Booking Report-YTD
May 2005 April 2006
T......I.e....'..
..... c.... WI.".
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"
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"
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..
'"
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R..... Nlehh B....k.d p.. H .,.J
TVCVB Online Booking Revenue
May 2005 - April 2006
Revenue By Month:
Total YTD Revenue: $56,152
$8.000
S7,001l
16,000
$S.OOO
U.OOO
S3,1I00
$1,000
SI,OOO
"
,
82005 .:;
.2006
I.
1M 1m
1M 16
i
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,
.
,
f
~
ITEM NO. 40
Approvals
City Attorney
Director of Finance
City Manager
~
/112.
tf
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Shawn Nelson, City Manager
DATE:
May 23, 2006
SUBJECT:
City Council TravellConference Report - April 2006
PREPARED BY:
Sue Steffen, Executive Assistant
RECOMMENDATION:
Receive and file
On April 5th Mayor Ron Roberts traveled to Los Angeles for a Southern California Association of
Governments (SCAG) Regional Council Meeting, SCAG will reimburse the City for his expenses,
The meeting agenda is attached,
On April 19th Council Member Chuck Washington traveled to Torrance to speak at a Southern
California Association of Governments (SCAG) Regional Housing Summit. The meeting agenda is
attached,
,
'w. f Pl""P -\\,T r -- -II
~ J1-#__ _l "'./lC
Our
.
re~
:Liv'e?
S;DD - 8:'10 am
Thursday, April 20, 2006
~:"')() - 8:-\.0 ,1m
f.A 0 - 9:00 am
9:00 - 9: -SO am
9:50 - HU)() it "'
IO,DD - II :DO am
II :(J(l- ] 2:()O I'll'
I 2:00 ~ I 2: 'Wpm
I 2: ')() - I :lJt) pm
l~c.:,::"i"lr.t1ion i111l1 Continenl.11 Hr""l,.fa:=t
\X 'l' 1 n> lll('
Hon. Toni Young, Council Member, l'ity of Port Hueneme and Sl'AG President
Hon. Dan Walker, Mayor, City of "]~)rrance
o I'e Hint': Relllarks
Hon. Paul Nowatb, Council Member, City of Torrance and
HOllsing SUllunit Steering COllllnittee ("hair
Hon. Deborab Robertson, l'ouncil Member, City of Rialto and
Cbair, Community, Economic and Human Development Policy Committee
Mark Pisano, Executive Director, SCAG
Hon. Jon Edney, l\1Uncil Member, City of El Centro, Conference 1'10.1erator
Creat;,,!, ] lOlls;,,: I Ol'l'orhm;f;.?s Loeal/!I
Panel I\1oderator: Rick BisllOp, Executive Director, Western Riverside l'ouncil of
Governments - WRCOG "ideo presentation" Another Step Forward'
Bill Fulton, President, Solimar Researcll - Subregional and Local Land Use Strategies
Mr. Welton Smitb, Vice President of Development, Soutbern California Honsing
Development Corp. - Fulfilling the Demand for Urban Living
lh,'al1
L;r:l'illg Transport,,'ion arr,lllow:;n:l P/lll1n;lJ!J
Panel J'.10derator: losepb Carreras, Lead Regional Planner, SCAG
Jobn Fregonese, Principal, Fregonese, Caltborpe and Associates -
The Compass Blueprint
Catby Creswell, Deputy Director, State Department of Housing and Community
Development - Local Housing planning: Challenges and Opportunities
1\"/".,.,. ,'";ll Ow' cll;Uh'JJ Lil'e?
Panel Moderator: Hon. Bill Fulton, President, Solimar Researcb and Council Member,
City of Ventura
Elected Official Dialo~ue
Hon. Paul Nowatka, Council Member, City of Torrance
Hon. Jon Edney, Council Member, City of El Centro
~ Hon. Cbnck Wasbington, Mayor Pro Tem, l'ity of Temecula ~
Feedback Panel
Greg McWilliams, President, Lennar Western U.S. Urban/Metro Development-
Fulf;lIing the American Dream
Paul Zimmerman, Executive Director, Southern California Association of Non-Profit
Housing - Designing Small Site, Home Ownership Opportunities
I.uncl,
LlHH.::IH:'OIl SpL.,' t....r:
Dr. Dowell Myers, Professor, School of Policy, Planning & Development, University of
SOlltbern California - Children as a Benchmark for Projecting Future Housing Needs
L,'~i,.lal; H' l'pdal,' - Don Rhodes, Manager, Government and Public Affairs, SCAG
SOUTHERN CALIfORNIA
~.. /" I
ifL~,~
- '.
,. ~....'
.~
L
ASSOCIATION of
GOVE.NMENTS
MIIIn 0ftIca
~\s 'Nfil >tvtrt~ St'H:
~.; f, . :)1.)
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li~~':r 34}~
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f.......!..'r Yor...'\ 101:1,.. . Ri}', l!;.,.f'-;;t,r
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r;...1I- .4..... ".. ,il .. ".^ ..: w' ,.t. .\. . ... ~~'.. ,I'
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'''~''''i. ,.::,.... ~t>:. t...
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".101-- ':rw-! ~"";~
....MIIt. r.....,. lq,ft'\pott.tian l"n"'''''.nIO,.,
,,-"tl \'H;".: ~t'. V....~'N '
No. 473
MEETING OF THE
Thursday, April 6, 2006
12:00 Noon - 1:30 p.m.
SCAG Offices
818 W. 7th Street, 12th Floor
San Bernardino Conference Room A & B
Los Angeles, California 90017
213.236.1800
Agendas and Minutes for the
Regional Council are also available at
www.scag.ca.govjcommitteesjrc.htm
If members of the public wish to review the attachments
or have any questions on any of the agenda items.
please contact Shelia Stewart at 213.236.1868 or
stewart@scag.ca.gov
SeAGo in accordance with the Americans with Disabilities Act (ADA) , will
accommodate persons who require a modification of accommodation in
order to participate in this meeting. It you reQuire such assistance. please
COrllao SCAG ill 213.236.1868 al least 12 hours ill advance of the meeting
to enable StAG to make reasonable arrangements. fo request documents
related to this document in an alternative format. pleilSC contact
;., j..' jh ,1R6fi
REGIONAL COUNCIL
-
PAGE #
TIME
"Any item listed on the agenda (action or information) may
be acted upon at the discretion of the committee"
1.0
CALL TO ORDER & PLEDGE OF
ALLEGIANCE
Hon. Toni Young
President
2.0 INSPlRA TIONAL MESSAGE
3.0 PUBLIC COMMENT PERIOD - Members of the public desiring
to speak on items on the agenda, or items not on the agenda, but
within the purview of the Council, must fill out and present a
speaker's card to the Executive Assistant prior to speaking. A
speaker's card must be turned in before the meeting is called to
order. Comments will be limited to three minutes. The President
may limit the total time for all comments to twenty minutes.
4.0 CONSENT CALENDAR
4.1 Aooroval Items
4.1.1 Minutes of March 2. 2006 Meeting
Attachment
01
4.1.2 Authorize staff travel to the 4th International
Gwangvang: Port Forum Attachment
(Administration)
11
4.1.3 Nomination of Suoervisor Judy Mikels
to become President- Elect of NARC
Attachment (Administration)
14
4.1.4 Date. Location & Budget for the
2006 Regional Council Retreat
Attachment (Administration)
16
4.1.5 FY 05-06 Indirect Cost Budget
Attachment (Administration), 17
· (The parenthetical denotes items that have been considered by the listed committee)
RC Agenda - April 6, 06
OOCS# 119&37
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SOUTHERN CALIFORNIA
ASSOCIATION of GOVERN MENTS
REGIONAL COUNCIL
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Approval Items - Cont'd
4.1.6 Contracts over $250.000
Attachment (Administration)
4.1.7 San Gabriel Valley Enen~v Efficiency
Program Agreement Attachment
(Administration)
4.1.8 Internal Audit Appeal Procedure
Attachment (Administration)
4.2 Receive & File
4.2.1 Purchase Orders! Contracts between
$5.000 - $250.000 Attachment
4.2.2 CFO Monthly Financial Report
Attachment (Administration)
4.2.3 State and Federal Legislative Matrix
Attachment
5.0 PRESIDENT'S REPORT
5.1 Apoointments
5.2 Bylaws Committee Report
5.3
Nominating Committee ReDort
5.4
Regional Champions Award
5.5
Discussion of the September 7. 2006
Meeting Attachment
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SOUTHERN CALIFORNIA
ASSOCIATION ofGOYERNMENTS
PAGE #
TIME
19
30
32
36
43
52
Action
Action
97
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REGIONAL COUNCIL
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6.0 EXECUTIVE DIRECTOR'S REPORT
. Infrastructure Bond
7.0 ACTION ITEMS
~
7.1
Administration Committee Reoort
7.1.1 KPMG Audit Attachment
Mailed separately
Recommended Action: Receive
File.
7.2
Transoortation & Communications
Committee (TCC) Reoort
7.2.1 Rel?ional Comment on Doha (Oatar)
Development Agenda Attachment
Recommended Action: Approve
7.3
Enerev & Environment Committee
(EEC) Report
7.3.1 Resolution #06-473-1 supporting
the South Delta Improvement
Prol?ram Attachment
Recommended Action: Adopt
7.4
Cornmunitv. Economic & Human
Development Committee (CEHD)
Report
7.5
Communications & 1\tlembership
Subcommittee Report
111
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
Hon. Sid Tyler
Chair
Hon. Harry
Baldwin, Chair
Hon. Dennis
Washburn, Chair
Hon. Deborah
Robertson, Chair
Hon. Glen
Becerra, Chair
PAGE #
TIME
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116
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PAGE #
TIME
7.6
Southwest Compact Task Force
Report
Hon. Greg
Pettis, Chair
8.0 INFORMA nON ITEMS
8.1 Report on March 7. 2006 Sacramento Day
Staff will provide summary of meetings
held between SCAG and state lawmakers
including issues discussed pertaining to the
infrastructure bond proposal negotiations.
9.0 LEGAL COUNSEL REPORT
A closed session will be held only if necessary to report significant
developments or to take required actions.
9.1 Closed Session
10.0 FUTURE AGENDA ITEMS
Any committee member desiring to place items on a future agenda
may make such request. Comments should be limited to three minutes.
11.0 ANNOUNCEMENTS
The E Region (NARC) Newsletter was emailed to all members. The
Los Angeles Division of the League of California Cities will hold its
monthly meeting tonight. Contact Council member Washburn for more info.
12.0 ADJOURNMENT
The next meeting will be held in conjunction with the General Assembly at the
Westin Hotel in City of Long Beach on Thursday, May 4,2006.
RC Agenda- April6, 06
DOCS# 119837
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ASSOCIATION of GOVERNMENTS
iv