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062408 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 24, 2008 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. -Closed Session of the City CouncilJRedevelopment pursuant to Government Code Section: 1} Canference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations located at 42081 Third Street -generally located an the south side of Third Street, west of Old Town Front Street, adjacent to Murrieta Creek (APN 922-046-012}. The negotiating parties are the City of TemeculaJRedevelapment Agency and Warehouse at Creekside, LLC -Bill Dalton. Under negotiation are the price and terms of payment of real property interests. The CityJAgency negotiators are Shawn Nelson, Bob Johnson, and John Meyer. 2} Canference with City Attorney pursuant to Government Cade Section 54956.9(b} with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a paint has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54959.9(c} to decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 08-03 Resolution: 08-57 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Jacquelyn Unpingco and Andrew Johnson Invocation: Pastor John Wells of Mountain View Community Church Flag Salute: Council Member Washington ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar Certificate of Achievement to Melissa Donaldson Special Presentation to Pat Vesev PUBLIC COMMENTS A total of 30 minutes is provided sa 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 ar 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 an the agenda will be made at this time. A total, not to exceed, ten (10} minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of May 21, 2008; 2.2 Approve the minutes of May 27, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Trustee/Fiscal Agent Services far Fiscal Year 2008-09 RECOMMENDATION: 4.1 Approve the expenditure of $50,615 for annual Trustee/Fiscal Agent services provided by US Bank for the City's Community Facilities Districts, Assessment District, Tax Allocation Bonds, and Certificates of Participation for Fiscal Year 2008- 09. 5 Fire1EMS Protection Agreement for Fiscal Year 2008-09 RECOMMENDATION: 5.1 Approve the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue service through June 30, 2011. 6 Fourth Amendment to Agreement for Law Enforcement Services RECOMMENDATION: 6.1 Approve the Fourth Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include converting one Patrol Officer to a K9 Handler, converting three Community Policing Team Officers to Mall Officers, and converting seven Community Policing Team Officers to Special Enforcement Team Officers. 7 Cooperative Agreement for Community Development Block Grant (CDBG) Funds for Fiscal Years 2009-11 RECOMMENDATION: 7.1 Authorize the City Manager to execute the Cooperation Agreement for Community Development Block Grants Funds for Fiscal Year 2009-11. 7.2 Adopt a resolution entitled: RESOLUTION NO. 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009-10, 2010-11, 2011-12, AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT 8 Agreement for State Lobbvist RECOMMENDATION: 8.1 Approve athree-year contract for State lobbying services with Ellison Wilson Group, LLC in an annual amount of $42,000. 9 Agreement for Lobbvist Services with David Turch & Associates RECOMMENDATION: 9.1 Approve athree-year contract for Federal legislative services to be provided by David Turch & Associates in the amount of $42,000. 10 Second Amendment to Professional Services Agreement - T.Y. Lin International Preparation of Plans, Specifications, and Estimate for the Western Bypass Bridge over Murrieta Creek - Praiect Na. PW06-04 RECOMMENDATION: 10.1 Approve a Second Amendment with T.Y. Lin International in an amount not to exceed $222,568 to prepare Plans, Specifications, and Estimate for the Western Bypass Bridge Over Murrieta Creek, Project No. PW06-04, and authorize the Mayor to execute the agreement effective July 1, 2008; 10.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $22,258.80, which is equal to 10% of this Second Amendment amount; 10.3 Authorize the advance of Capital Reserves in the amount of $244,824.80, the amount of this Second Amendment and 10% contingency, until the TUMF agreement is approved. 11 Amend the scope of work for the Citywide Concrete Repairs FY2007-08, Project No. PW08- 01 RECOMMENDATION: 11.1 Amend the scope of work for the subject project to expend previously budgeted funds; 11.2 Increase the City Manager's change order approval authority by $31,288.75. 12 Amend the scope of work for the Citywide Slurry Seal Project FY2007-2008, Project No. PW08-02 RECOMMENDATION: 12.1 Amend the scope of work for the subject project to expend previously budgeted funds; 12.2 Increase the City Manager's change order approval authority by $23,500.15. 13 Project Funding, Acceptance of Improvements, and Notice of Completion for the Rancho California Road Widening South Side from I-15 to Old Town Front Street /Jefferson Avenue, Project Na. PW02-19 RECOMMENDATION: 13.1 Approve an increase in contingency funds of $126,615.24 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $284,110.34; 13.2 Accept the Rancho California Road Widening South Side from I-15 to Old Town Front Street /Jefferson Avenue Project No. PW02-19, as complete; 13.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one {1) year Maintenance Bond in the amount of 10% of the contract amount; 13.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 14 Professional Services Agreements for Real Estate Appraisal Services for various Capital Improvement Projects for Fiscal Year 2008-2009 RECOMMENDATION: 14.1 Approve an agreement with Masan & Mason Real Estate Appraisers & Consultants in the amount of $50,000 to provide as needed real estate appraisal services; 14.2 Approve an agreement with Riggs & Riggs, Inc. in the amount of $50,000 to provide as needed real estate appraisal services; 14.3 Approve an agreement with Lea Associates, Inc. in the amount of $50,000 to provide as needed real estate appraisal services; 14.4 Approve an agreement with BTI Appraisal in the amount of $50,000 to provide as needed real estate appraisal services; 14.5 Approve an agreement with Warren H. Neville, MAI in the amount of $50,000 to provide as needed real estate appraisal services; 14.6 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $50,000 to provide as needed real estate appraisal services; 14.7 Authorize the Mayor to execute the agreements. 15 Professional Services Agreements for Geotechnical and Material Testing Services for various Capital Improvement Projects for Fiscal Year 2008-2009 RECOMMENDATION: 15.1 Approve the agreement with Petra Geotechnical, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; 15.2 Approve the agreement with Leighton Consulting, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; 15.3 Authorize the Mayor to execute the agreements. 16 Professional Services Agreements for Engineering and Construction Survey Services for various Capital Improvement Projects for Fiscal Year 2008-2009 RECOMMENDATION: 16.1 Approve the agreement with Hall & Foreman, Inc. in the amount of $100,000 to provide as needed engineering and construction survey services; 16.2 Approve the agreement with David Evans and Associates, Inc. in the amount of $100,000 to provide as needed engineering and construction survey services; 16.3 Authorize the Mayor to execute the agreements. 17 Authorize Temporary Street Closure of Pauba Road between Margarita Road and Showalter Road for the "July 4th, 2008 Fireworks Show" and Delegate Authority to Issue Special Events/Street Closures Permit to Director of Public Works RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4TH 2008, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 18 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road and 2nd Street; Main Street from Bridge to Old Town Front Street; 2nd Street; 3rd Street; 4th Street; 5th Street; 6th Street; and Mercedes Street between Moreno Road and 2nd Street for the "Star Spangled 4th of July Parade" and Delegate Authority to Issue Special EventstStreet Closures Permit to the Director of Public Works RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND 2ND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; 2ND STREET; 3RD STREET; 4TH STREET; 5TH STREET; 6TH STREET; AND MERCEDES STREET BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED 4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 19 Western Bypass Corridor, northern segment alignment, Project No. PW05-10 RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ALIGNMENT FOR THE WESTERN BYPASS CORRIDOR FROM CHERRY STREET TO JUST SOUTH OF RANCHO CALIFORNIA ROAD, STATION 208+00 AS PLANNED, AND MAKING FINDINGS WITH RESPECT THERETO 20 Authorize Temporary Street Closure of Portions of Main Street and Third Street far the "Temecula Valley International Jazz Festival" event scheduled far July 10, 11, 12, and 13, 2008 and Delegate Authority to Issue a Special EventslStreet Closures Permit to the Director of Public Works RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PORTIONS OF MAIN STREET AND THIRD STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 10, 11, 12, AND 13, 2008 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 21 Accept Offers of Dedication and Quitclaim Storm Drain Easements for Temecula Creek Channel -Meadows Greenbelt Lateral to Riverside County Flood Cantrol and Water Conservation District RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFERS OF DEDICATION AND EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC &WCD) DRAINAGE EASEMENTS FOR TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL (TRACTS 24186-1 & 2, 24188-2 PASEO DEL SOL DEVELOPMENT) 22 Execution of Quit Claim Deeds Whereby City grants to Riverside County Flood Cantrol and Water Conservation District (RCFC & WCD) a Drainage Easement for Gabbiano Drive Storm Drain (Tract Map No. 24182-3) RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC & WCD) A DRAINAGE EASEMENT FOR GABBIANO DRIVE STORM DRAIN {TRACT MAP NO. 24182-3) 23 Arts Council of Temecula Valley Special Event Community Grant Agreement RECOMMENDATION: 23.1 Approve a Special Event Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley (Arts Council) in the amount of ~2o,ooa. 24 Acceptance of Grant Deed -Wolf Creek Civic Use Parcel RECOMMENDATION: 24.1 Authorize acceptance of the Grant Deed for the Wolf Creek Civic Use Parcel Tract Map 29305 Lot 27, located in the Wolf Creek development and direct staff to proceed with the necessary actions to cause the deed to be recorded. 25 Agreement for Plan Review Services with Esgil Corporation RECOMMENDATION: 25.1 Approve an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2008/2009 in the amount of $150,000. 26 Agreement for Plan Review Services with Interwest Cansulting RECOMMENDATION: 26.1 Approve an agreement for Consultant Services for Plan Check Review for Fiscal Year 2008/2009 with Interwest Consultants in an amount not to exceed $50,000. 27 Agreement for Architectural Consultant Services between the City of Temecula and Roger Cantrell RECOMMENDATION: 27.1 Approve a contract with Roger Cantrell for architectural plan review services in the amount of $50,000 for fiscal year 2008-09. 28 Accela/Permits Plus Annual Maintenance Agreement RECOMMENDATION: 28.1 Authorize the purchase of the annual maintenance support agreement for the following Accela/Permits Plus Applications: Permits Plus Base, Client Server, Office Link, and Wireless Modules, for the total amount of $38,185.99; 28.2 Authorize the City Manager to approve the contingency amount of $3,818.99, which is equal to 10°l0 of the contract amount. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit far 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 29 Minutes RECOMMENDATION: 29.1 Approve the minutes of June 10, 2008. 30 Arts Council Community Grant Agreement RECOMMENDATION: 30.1 Approve the Community Grant Agreement between the Temecula Community Services District {TCSD) and the Arts Council of Temecula Valley in the amount of $40,000 for Fiscal Year 2008/09. 31 Margarita Officials Association Agreement RECOMMENDATION: 31.1 Approve an Agreement between the Temecula Community Services District and Margarita Officials Association to provide adult softball league and tournament officiating services in the amount of $40,000. 32 Securitas Security Services RECOMMENDATION: 32.1 Approve an Agreement between the Temecula Community Services District and Securitas Security Services USA, Inc. to provide security services in the amount of $65,000 for FY2008-2009. 33 Project Funding far the Temecula Community Center Expansion Grading -Project No. PW06-05 -Phase 1 RECOMMENDATION: 33.1 Approve an increase in contingency funds of $1,980.33 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $6,979.83. CSD DEPARTMENTAL REPORT 10 34 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two {2} minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. 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 35 Minutes RECOMMENDATION: 35.1 Approve the minutes of June 10, 2008 RDA DEPARTMENTAL REPORT 36 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 11 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 projects} 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 37 Planning Application Nos. PA08-0081 -Specific Plan Amendment to the Temecula Regional Center (TRC} Specific Plan and PA08-0003 -Promenade Mall Sign Program RECOMMENDATION: 37.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE PLANNING APPLICATION NUMBER PA08-0003, A SIGN PROGRAM FOR THE PROMENADE MALL MAIN STREET EXPANSION AND ENTRY UPDATES INCLUDING: ENTRY MONUMENTS, SITE DIRECTIONAL, MALL ENTRANCES, PARKING GARAGE DIRECTIONALS AND CAR COUNTERS, PARKING LOT DIRECTIONALS, DIRECTORIES, VALET, BANNERS, BLADE SIGNS, AND MAIN STREET TENANT SIGNS 37.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN (SP NO. 263) TO AMEND THE SIGN CRITERIA AND TO ALLOW DAY SPAS A5 A PERMITTED USE IN PLANNING AREAS 2 AND 3 LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NUMBER PA08-0081} 38 TUMF Fee Schedule for FY 2008-09 RECOMMENDATION: 38.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF} SCHEDULE TO MAINTAIN FEE RATES AT FY 2007-08 LEVELS CITY COUNCIL BUSINESS 39 Registration of Abandoned Residential Properties (at the request of Mayor Pro Tem Edwards 12 RECOMMENDATION: 39.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.44 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF RESIDENTIAL PROPERTIES AND THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES 40 Campaign Dislosure Ordinance RECOMMENDATION: 40.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS 40.2 Read by title only and adopt an ardinance entitled: ORDINANCE NO. 08- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS AND MAKING FINDINGS WITH RESPECT THERETO 41 Old Town Local Review Board Appointments RECOMMENDATION: 41.1 Appoint two applicants to serve full three-year terms on the Old Tawn Local Review Board through June 15, 2011. 42 Planning Commission Appointment RECOMMENDATION: 42.1 Appoint one applicant to serve a full three-year term on the Planning Commission through June 15, 2011. DEPARTMENTAL REPORTS 43 Planning Department Monthly Report 44 City Council Travel/Conference Report -May 2008 13 45 Public Works Department Monthly Report 46 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, July 8, 2008, at 5:00 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Next regular meeting: Continue June 24, 2008 meeting to Tuesday, July 8, 2008 for a Closed Session at 5:00 P.M. City Council Chambers, 43200 Business Park Drive, Temecula, California, and then commence regular meeting on Tuesday, July 8, 2008, at 5:30 P.M. for a Closed Session with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. 14 PROCLAMATIONS AND PRESENTATIONS ~ ~ ~ o o ~ U ~ `~ ~ ~ yam, t`n, ~ ~ ~' ~ o .~ ~' ~ ~ ~ ~ U y ~ ~ ~ o ~y z ~. ~ ~ ~ _ Q 1~ c~~3 ~ ~ O O ,~ ~ w ~ ,-`s~~ ~ '~ '+ ~ ~ O~ ~ [~ ' tTl ` `~~ ~ '~ ~ ~ W ~ ~ ro ~I ti i. r , '':S ~ ~ ~ ~ '~ ~ w p v ,~ ~ ~/ R ~ ~ Q ~ ~~ cry *~ 1 ~ ( ` ~ ~V . ~ '~ O ' ~ ~ (~ ''J O ~ m N ~ ~ ^~/ ~ ~ ~ ~ Qr Cr ~ ~ ~ '-" + ~} ~ ~ ~ o' `Iv 0.1 ~ `a " ~ ~ ~ ~ ' ~ ~.' ~ C~?, ~ ,~ u~ ~ ^Z ~ m • -r.~ ~ ~«,~ r•.~ ~ ~, .~ , o c, .~ , brp , *v ~ ~ ~ o ~ © ~ w ~, © 'y ' ~ ° '1~ ~ ~ G ~ C, N v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~~ ~ ~ ~ G ~ ~ ~v ~ o ~ ~ ~ ~ ~ , ~ ~ ~ ~ U © ~ .~ ~ ~ .~ ' ~ ~ Q Cu ~ ~~ 1- ~ ~ p d ~ N' ~+-~ r ~~, ~j , N 0 '~ ~ ~ ~ + ~ ~ -~ - ~ -G ~ ~ „ ~ ~ ~ r' '~ ~ O o ~ ~~ ~ ~ ~~ N ~ ~ ~ ~ ~ ~ U N ~ ~ N ~ ,~ ~ N ~ ~ .~ .~ rd '~ / '~ J N s -, CONSENT CALENDAR ITEM RI~J. 1 ITEM RI~J. 2 MINUTES OF A BUDGET WORKSHOP MEETING OF THE TEMECULA CITY COUNCIL MAY 21, 2008 The City Council convened in Budget Workshop Meeting at 10:00 a.m. on Tuesday, May 21, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None FLAG SALUTE Presented by Council Member Comerchero PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS No comments. COUNCIL BUSINESS 1 Review of the Proposed FY 2008-09 Preliminary Operating Budget RECOMMENDATION: 1.1 Review and discuss the proposed FY 2008-09 Preliminary Operating Budget, and provide direction to staff as appropriate. By way of PowerPoint Presentation, City Manager Nelson reviewed the proposed Operating Budget, highlighting the main components as follows: • Total Projected Revenues $63,935,627 o ~1 % Increase • Total Proposed Expenditures $62,864,594 0 1.3% Increase • Fund Balance Designated for Economic Uncertainty o Increase Undesignated Reserve Fund to $12.57 million which equates to 20% of the General Fund Expenditure Budget • Public Safety o $730,000 increase o Maintaining 111 sworn officers, exceeding the City's one officer per every 1,000 residents 0 1 Sworn Officer per 910 residents 0 1 Patrol Officer Converted to K-9 Handler o TCC and CAP Volunteer Programs o Addition of Roripaugh Fire Station o Continued 4.0 Staffing on Fire Engines R:1Mi n utes1051308 Revenue Excess Sharing in Temecula {REST} o Contribution will increase to $7.88 million o City's contribution to supplement the Measure C Special Tax Additional Budget Highlights o No New Positions o Positions Re-classed: 8 o $90,000 for Upcoming Election Costs o $125,000 for Development Impact FeelUser Fee Studies o Quality of Life Study o Traffic Circulation Study - $400,000 General Fund/$100,000 RDA o $825,217 Proposition 1 B funding for Street Expenditures o Debt Service Expenditures of $1.1 million due to Issuance of 2007 {Certificates of Participation) Bonds Five-Year General Fund Project o Projecting Revenues will balance with City's Expenditures in five-years City Manager Nelson thanked the Departments far their team effort and efficiency of completing budget documents. For Council Member Comerchero, City Manager Nelson advised that the REST program is based on the amount of money received from the City's Special Tax, noting that remaining funds would be utilized o balance the budget. In terms of the five-year projection, Director of Finance Roberts noted that staff layered in additional development such as the mall expansion and auto dealership; noted that staff has been fairly conservative; and advised that monitoring will be completed on a quarterly basis. Director of Finance Roberts also explained the term "under-fill position" to the City Council and audience. With respect to the $23,699,881 transfer to the Capital Improvement Program, City Manager Nelson noted that these funds were set aside over the past few years and will now be utilized as the down payment for the future Civic Center. In response to Mayor Naggar's query, City Manager Nelson relayed that with respect to Measure C, the citizens of Temecula are being taxed $74.44, which would be the maximum allowable amount. COMMUNITY SERVICES DISTRICT • Total Projected Revenues • Total Proposed Expenditures $21,629,344 $22,058,888 • REST/Special Tax -Rate per Household • Park & Recreation Facility Increases o Wolf Creek Neighborhood Parks -Full Year Operating Costs o - 8 Acre o - 6 Acre • Murrieta Creek Multi Purpose Trail • Park & Recreation Programs o Summer Months Activities and Recreation in Temecula - S.M.A.R.T. o Youth Music and Film Festival o Moonlight Movies in the Park R:1Mi n utes1051308 o Temecula FIT Program o Cultural Arts Program o Preservation of Vail Ranch Artifacts With respect to Arts in Public Places, Director of Community Services Parker advised that funds have been set aside for this program and that currently $30,000 is available. City Manager Nelson added that the Capital Improvement Program includes $116,000 for Art in Public Places. Council Member Washington noted that it would be his desire to have an Arts in Public places consultant on board to help identify art pieces that may be considered in the future. In the future, Council Member Comerchero noted that it would be his desire to see more monies being funded in the Capital Improvement Program with respect to Art in Public Places. Referencing Arts in Public Places, Mayor Naggar noted that it may be favorable to reach out and engage the artists in the community to create their own art pieces for review and consideration; relaying that staff can work with the Arts Council on the implementation of such a program. Director of Community Services Parker informed that a recent informal inventory revealed that the City currently has 25 pieces of art work in public places throughout the City and that this information will be fon~varded to the City Council. TEIVIECULA REDEVELOPMENT AGENCY • Total Projected Revenues $19,135,541 • Total Proposed Operating Expenditures $28,569,466 • Redevelopment Agency Program Highlights o Facade Improvements ($80,000) o Debt Service Increase of $737,687 due to issuance of 2007 RDA Tax Allocation Bonds o $1.6 Million First-Time Homebuyer Program o $208,350 Old Town Promotions Council Member Washington commended City Manager Nelson and Director of Redevelopment Meyer with the expansion of the first-time home buyer opportunities in conjunction with the foreclosures in City of Temecula. Along the lines of the first-time home buyer opportunities, Council Member Edwards relayed her desire of military personnel living in the community taking advantage of the first-time buyer opportunities. Council Member Comerchero noted that at the National League of Cities, one of the topics discussed was the possibility of legislation approving that local municipalities take advantage of block grants that would allow municipalities to purchase foreclosed homes to use as part of the first-time buyers program. With respect to the Jefferson Corridor area, City Manager Nelson Hated that when the economy rebounds, he would foresee the Jefferson Corridor having the potential for a large amount of development and that the traffic circulation study and Quality of Life Study will help determine and identify the City's needs and goals. R:1Mi n utes1051308 3 Assistant City Manager Johnson noted that Director of Redevelopment Meyer, staff, in conjunction with Keyser Marston, will be working on a strategic housing plan that will focus on the Jefferson Corridor. PUBLIC COMMENTS A. Ms. Rebecaa Weersing, Temecula, commended staff for their newly published Guide to Leisure Activities brochure; relayed the importance of teens being offered a 6-month service learning project with respect to Community Services in the City; Hated that the City needs to make an effort to be actively engaged with middle and high school students; and stated that she would be of the opinion that the neighborhood watch programs throughout the community should be increased. Far Ms. Weersing, Council Member Edwards noted that she would work with the PTA Council on how to reach more middle and high schools students to ensure more involvement in the community. Commenting on the success of the Citizens Corp, Council Member Comerchero noted that it may be time to implement a Junior Corp program that would get students actively involved in the community. B. Ms. Jane Laskin, representing the Musician's Workshop, concurred with comments regarding exploring opportunities to get the City's youth more engaged in the community; spoke regarding the upcoming International Jazz Festival, noting that in order to be supportive to the merchants and restaurants in Old Town, the event will no longer serve food and that vendors will not sell similar products as those sold by Old Town Merchants. C. Ms. Nancy Niles, Sun City, relayed her opposition to the City cutting the budget with respect to the 2009 lnternational Jazz Festival. D. Mr. Gil Alcantar, representing the lnternational Jazz Festival, relayed the benefits of the lnternational Jazz Festival to its community and encouraged the City Council to reconsider the Festival's budget for 2009. E. Ms. Jean Barnett, Murrieta, also relayed her full support of the lnternational Jazz Festival, and encouraged the continuation of the International Jazz Festival's budget. F. Mr. John Hunneman, Temecula, also reiterated the importance of not cutting the lnternational Jazz FestivaPs budget; spoke regarding fallen officer Preston Swanger; and requested that a commemorative plaque in his honor be placed in the City of Temecula. The City Council concurred with Mr. Hunneman's request to honor first fallen officer of Riverside, Preston Swagner, with a commemorative plaque. G. Mr. Skoot Larson, Murrieta, spoke regarding the many benefits of the International Jazz Festival and relayed his opposition of the City Council decreasing the Festival's budget for 2009. At this time, the City Council took afive-minute break. Commenting on economic development, Council Member Washington spoke highly of the non- profit Temecula Valley Wine Grower's Association and requested that $5,000 be given to help the program promote the City of Temecula. R:1Mi n utes1051308 4 For Mayor Naggar, Council Member Washington noted that staff has been made aware of the $5,000 proposal as well as the subcommittee. Due to a conflict of interest, Council Member Comerchero stepped down from the discussion. Council Member Washington made a decision to withdraw his proposal. Advising of a recent Economic Development Corporation (EDC) meeting, Council Member Roberts relayed his support of reviewing the corporation's strategic plan at mid-year budget for review and possible funding. It was the consensus of the City Council to budget $3,250 for the EDC if all requirements were met, noting that this plan may be reviewed in February, 2009. Understanding the benefits of the International Jazz Festival, the City Council noted that it would review its budget in February 2009. 2 Review of the Proposed FY 2009-13 Capital Improvement Program RECOMMENDATION: 2.1 Review and discuss the proposed FY 2009-13 Capital Improvement Program (CIP), and provide direction to staff as appropriate. By way of PowerPoint Presentation, City Manager Nelson reviewed the proposed 2009-2013 CIP Budget, highlighting the main components as follows: CIP Projects for 2009 - 2013 • Traffic Circulation 25 o French Valley Interchange o I-15179 South Ultimate Interchange o Pechanga Parkway Improvements Phase II • Other Notable Circulation Projects o Pavement Management Program o Main Street Bridge o Overland Drive Extension o Winchester Road Median Beautification o Nicholas Valley Assessment District (Liefer Road) • Public Facilities 22 o Fire Station 95 Roripaugh o Civic Center o Temecula Community Center Expansion on Pujol Street o Escallier House Relocation • Murrieta Creek Multi Purpose Trail o Improve Pedestrian, Bike and Equestrian Access to Old Town o Establish Connectivity to Existing Trail Improvements o Transportation Enhancement Activities Program Grant • Parks 20 o Redhawk Park Improvements o Roripaugh Ranch Open Space and Trails o Roller Hockey Rink Renovation o Children's Museum Refurbishment R:1Mi n utes1051308 • RDA o Old Town Infrastructure Street Improvements o Old Town Infrastructure Underground Utilities o Old Town Infrastructure Town Square o Old Town Infrastructure Parking Structure o Auto Mall Sign • Redevelopment -Affordable Housing o $8.7 Million for Various Housing Projects o $200,000 Residential Improvement Program Total b Year Projected Cost Summary • Traffic Circulation • Public Facilities • Parks • RDA 10 $273,198,023 $74,923,684 $9,390,421 $47,345,912 For Council Member Washington, City Manager Nelson noted that the Residential Improvement Program may be tied into the Firs-Time Home Buyer Program. Deputy Director of Public Works Butler provided a brief overview of the Old Town Infrastructure Underground Utilities. Director of Public Works Hughes briefly explained the Overland Drive Extension as well as the Murrieta Creek improvements. A. Mr. Carl Ross, representing the VFW, spoke regarding the Veteran's Memorial path and relayed his desire of the City Council approving the Operating Budget. B. Ms. Linda Beaudoin, Wildomar, thanked staff and the City for its contribution towards the implementation of a shelter for Animal Friends of the Valley; queried on the status of Liefer and Butterfield Stage Roads; and requested that the level of service be increased with respect to these roads. C. Mr. Kevin Higgins, Temecula, personally thanked Senior Planner Papp for his efforts with respect to Nicholas Road and Liefer Road; and encouraged the City to continue working on the Nicolas Valley area. Assistant City Manager Johnson advised that he will assign a staff member to address the issues and concerns of the residents within the Nicholas Valley area; advised that staff will be moving forward with the General Plan Amendment which would include a zone change, an EIR, and a traffic study, noting that he would be hopeful to have the General Plan Amendment completed within a year. Director of Public Works Hughes advised that there would be monies within the Capital Improvement Program to begin the design process for the road improvements as well as the formation of the finance district that will be needed; and noted that before maintenance can be increased in the Nicholas Valley area, drainage issues would need to be resolved. In response to Council Member Washington's query, Assistant City Manager Johnson noted that the Airport Land Commission will take into consideration a zone change when staff has completed its land use plan. R:1Mi n utes1051308 6 With respect to the Nicolas Valley area, Assistant City Manager Johnson noted that all lots would need to be a minimum'/ acre lot sizes, noting that sewer will be required. The City Council requested staff to explore available options with regard to moving patrons around in Old Town. Director of Community Services Parker noted that currently $53,000 is available for the Memorial Paver Program in addition to the $13,000 that will be donated by the VFW; and noted that he will keep the City Council apprised of any new development with respect to the future cancer survivor memorial. The City Council commended staff for their efforts in preparing the Operating Budget At this time, the City Council took a 20-minute lunch break. Process Improvement Team tP.I.T.) Presentation The Process Improvement Team presented the City Council with its Process Improvement presentation. CITY MANAGER REPORT No reports at this time. CITY ATTORNEY REPORT No reports at this time. ADJOURNMENT At 12:34 p. m. the City Council meeting was formally adjourned to Tuesday, May 27, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:1Mi n utes1051308 7 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 27, 2008 The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:01 p.m. on Tuesday, May 27, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Edwards, Roberts, Washington, Naggar Absent: Council Members: Comerchero PRELUDE MUSIC The prelude music was provided by Nekki Sardell I NVOCATI O N The invocation was provided by City Manager Nelson PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Edwards Certificate of Achievement presented to Rvan Houghton for attaining the rank of Eagle Scout Recognizing Ryan Houghton of Troop #384 on receiving his rank of Eagle Scout, Mayor Naggar presented him with a Ce~if~cate ofAchievementand a City Eagle Scout pin who, in turn, provided a brief overview of his Eagle Scout project. Certificate of Achievement presented to Robert Scatt Lindow II far attaining the rank of Eagle Scout Thanking the City Council for the Certificate and the Eagle Scout pin recognition, Robert highlighted his Eagle Scout project. Federal Legislation Update Thanking the City Council for allowing him to serve as the City's Federal Government lobbyist, Mr. David Turch commended the City Council for the Council's presence in Washington over the years and briefly explained earmarks as it would relate to appropriation bills. PUBLIC COMMENT A. Mr. Fred Bartz, Temecula, relayed his full support of the Campaign Disclosure Ordinance and encouraged the City Council to move forward with the Ordinance. B. Mr. Brandon Idler, Temecula, thanked the City Council for its continuing efforts with respect to the annexation process. R:1Mi n utes1052708 C. Ms. Katherine Eiserhut, Temecula, relayed her concerns with the Reserve at Crown Hill and requested that the equestrian trail be installed as per the Conditions of Approval. Council Member Washington requested an update with respect to the issue at the Reserve at Crown Hill. CITY COUNCIL REPORTS A. Mayor Pro Tem Edwards congratulated her daughter on the success of her graduation. Ms. Edwards also referenced an article in the newspaper with respect to the proposed annexation and costs associated with past fires. Adding some clarification with respect to the past fires and its associated costs, City Manager Nelson advised that because of a Mutual Aid Agreement with the County of Riverside and Cal Fire through the State, there would not be any costs to the City as a result of these past fires nor will there be an increase in taxes. B. Mayor Naggar invited the public to attend a celebration of Strings in Spring, honoring Ms. Helen Miller on her 90t" birthday as well as a fundraiser for Cystic Fibrosis, to be held at the Old Town Community Theater on Wednesday, May 28, 2008, at 7:00 p.m. Mayor Naggar also advised that a press conference was recently held with regard to the temporary Cal State San Marcos/Temecula site at the Paul Goldring-Garrett Institute for Higher Education Center until a permanent location can be built; and thanked Mr. Garrett for his generous contribution of $250,000 to held fund the campus. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 08,42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Financial Statements for the Nine Months Ended March 31, 2008 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the nine months ended March 31, 2008; R:1Mi n utes1052708 2 3.2 Approve a transfer from Development Impact Fees Public Facilities of $473,011 to Library and Fire Protection Facilities in the Development Impact Fees Fund; 3.3 Approve an increase of $1,161 in Operating Transfer Out in the AB 3229 COPS fund to General Fund, with corresponding increase in operating transfers in the General Fund; 3.4 Approve an increase of $72,000 in Police Department Grant revenues far the Office Traffic Safety Grant in the General Fund; 3.5 Appropriate $121,000 in Property Tax Admin fees in the General Fund. 4 Amendment to Professional Services Agreement for Special Tax Administration Services RECOMMENDATION: 4.1 Approve the Fourth Amendment with NBS for special tax administration services in the amount of $59,680.63 for fiscal year 2008-09 for consultant costs related to the annual administration of special tax districts {CFD's) and applicable delinquency management costs. 5 Parcel Map No. 34715 Legacy at Redhawk RECOMMENDATION: 5.1 Approve Parcel Map No. 34715 in conformance with the Conditions of Approval; 5.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 5.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 6 Professional Services Agreement for Landscape Inspection Services David Neault Associates, Inc., Pechanga Parkway Phase II Street Improvements -Protect No. PW99-11 RECOMMENDATION: 6.1 Approve an agreement with David Neault Associates, Inc. in an amount not to exceed $40,375.00 to provide as needed landscaping inspection services for the Pechanga Parkway Phase I I Street Improvements, Project No. PW99-11, and authorize the Mayor to execute the agreement; 6.2 Authorize the City Manger to approve Extra Work Authorizations not to exceed the contingency amount of $4,037.50, which is equal to 10% of the agreement amount. 7 French Valley Parkway / Interstate-15Over-Crossing and Interchange Improvements, Project No. PW02-11;Amendment No. 1 to Design Cooperative Agreement with the State of California, Department of Transportation) RECOMMENDATION: 7.1 Adopt a resolution entitled: R:1Mi n utes1052708 3 RESOLUTION NO. 08-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO EXTEND THE TERMINATION DATE OF AGREEMENT NO. 8-1217, A DESIGN COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE DESIGN OF A NEW INTERCHANGE (FRENCH VALLEY PARKWAY) ON ROUTE 15 BETWEEN THE EXISTING WINCHESTER ROAD (STATE ROUTE 79 NORTH) INTERCHANGE AND THE I-1511-215 JUNCTION 8 Acceptance of agreements and bonds for public improvements in Parcel No. 34711 (located northwest of the intersection of Calle Girasol and Jeffrey Heights Road) RECOMMENDATION: 8.1 Accept the Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bond as security for improvements and labor and materials for Parcel Map No. 34711; 8.2 Accept the Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Parcel Map No. 34711. 9 Sixth Amendment to on-call traffic signal maintenance service agreement with Republic ITS for FY 2007-2008 RECOMMENDATION: 9.1 Approve the Sixth Amendment to the Contract Agreement with Republic ITS {formerly Republic Electric) to perform additional On-Call Traffic Signal Maintenance Services and traffic related projects for Fiscal Year 2007-2008, for an amount not to exceed $10,000.00, and authorize the Mayor to execute the agreement. 10 First Amendment to Agreement for Plan Review Services with Esgil Corporation RECOMMENDATION: 10.1 Approve a First Amendment to the Agreement for Consulting Services with Esgil Corporation in the amount of $30,000.00 to provide Plan Check Services for a total agreement amount of $230,000.00. 11 First Amendment to Agreement for Plan Review Services with Interwest Consulting Group RECOMMENDATION: 11.1 Approve a First Amendment to the Agreement for Consulting Services with Interwest Consulting Group in the amount of $25,000.00 to provide Plan Check Services for a total agreement amount of $75,000.00. R:1Mi n utes1052708 12 Change Street Name Calle Empleado to Fuller Drive RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 08-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME OF CALLE EMPLEADO TO FULLER DRIVE 13 First Amendment to Agreement for Weed Abatement with Inland Empire Property Services, Inc. RECOMMENDATION: 13.1 Approve a First Amendment to the Agreement with Inland Empire Property Services Inc., to provide Weed Abatement for Fiscal Year 2007-2008 in the amount of $20,000.00 for a total agreement amount of $40,OOOAO. 14 Resolution Adopting FY 2008-2009 Solid Waste Rates RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 08-4v A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2008-2009 15 Press Enterprise Article -April 9, 2008 RECOMMENDATION: 15.1 Receive and file report. MOTION: Council Member Roberts moved to approve the Consent Calendar. Council Member Washington seconded the motion and electronic vote reflected approval with the exception of Council Member Comerchero who was absent. At 7:34 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:39 p.m., the City Council resumed with regular business. 16 Issuance of Multifamily Housing Revenue Bonds by the California Statewide Communities Development Authority (CSDA) far the purpose of financing the acquisition and rehabilitation far the Creekside Apartments RECOMMENDATION: 33.1 Adopt a resolution entitled: R:1Mi n utes1052708 RESOLUTION NO. 08-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND REHABILITATION OF THE CREEKSIDE APARTMENTS Redevelopment Director Meyer provided a staff report {of record}, outlining the advantages of the proposed project as follows: • That the project serves as a senior affordable project • That the proposed project will extend the affordability an additional 55 years • That the proposed project will contribute to the State's housing element in meeting the City's affordable housing obligation At this time, the public hearing was opened and due to no speakers, it was closed. The City Council expressed their enthusiasm with the proposed project. MOTION: Council Member Roberts moved to approve staff recommendation. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Comerchero who was absent. CITY MANAGER REPORT No reports at this time. CITY ATTORNEY REPORT With respect to the five items in Closed Session, City Attorney Thorson advised that the City Council gave direction to staff with respect to price and terms. ADJOURNMENT At 7:46 p.m. the City Council meeting was formally adjourned to Tuesday, June 10, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:1Mi n utes1052708 6 ITEM RI~J. 3 Approvals ~Q City Attorney y~~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: Jun 24, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $6,944,180.55. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of Jun, 2008. Mike Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of Jun, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 06/05/2008 TOTAL CHECK RUN 06/12/2008 TOTAL CHECK RUN 06/12/2008 TOTAL PAYROLL RUN: $ 873,696.84 5,574,729.08 495,754.63 TOTAL LIST OF DEMANDS FOR 06/24/2008 COUNCIL MEETING: $ 6,944,180.55 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 5,559,471.09 165 RDA LOW/MOD - 20% SET ASIDE 11,777.60 190 TEMECULA COMMUNITY SERVICES DISTRICT 333,595.73 192 TCSD SERVICE LEVEL B 70,192.28 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 84,865.86 194 TCSD SERVICE LEVEL D 2,449.58 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 7,895.70 197 TEMECULA LIBRARY FUND 14,495.81 210 CAPITAL IMPROVEMENT PROJECTS FUND 186,147.12 280 REDEVELOPMENT AGENCY -CIP PROJECT 16,654.43 300 INSURANCE FUND 13,576.02 320 INFORMATION SYSTEMS 60,745.27 330 SUPPORT SERVICES 8,387.59 340 FACILITIES 25,598.82 477 CFD- RORIPAUGH 52,573.02 001 GENERAL FUND $ 320,742.14 165 RDA LOW/MOD - 20% SET ASIDE 5,870.70 190 TEMECULA COMMUNITY SERVICES DISTRICT 117,615.56 192 TCSD SERVICE LEVEL B 139.38 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,744.28 194 TCSD SERVICE LEVEL D 971.49 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 604.86 197 TEMECULA LIBRARY FUND 341.78 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,730.04 300 INSURANCE FUND 1,360.51 320 INFORMATION SYSTEMS 27,955.33 330 SUPPORT SERVICES 3,912.44 340 FACILITIES 7,766.12 $ 6,448,425.92 495,754.63 TOTAL BY FUND: $ 6,944,180.55 apChkLst D6/D5/2DD8 5:43:58PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1066 06/05/2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 124,556.70 124,556.70 RETIREMENT} 124236 06/05/2008 009604 12MILESOUT.COM Mar-Apr video sues council mtgs 2,000.00 2,000.00 124237 06/05/2008 000434 ACCELA.COM 08 Accela Conf: M. Ching 8/19-22/08 699.00 OS Accela Conf: S. Seng 8/19-22/08 699.00 08 Accela Conf: R. Johnston 8/19-22/08 699.00 08 Accela Conf: D. Ball 8/19-22/08 699.00 2,796.00 124238 06/05/2008 008698 ADVANCED APPLIED Praf svcs:Citywide signing & striping 3,241.50 ENGINEERING Apr eng design:795 park & ride 540.00 3,781.50 124239 06/05/2008 012025 AGUILAR, AUTUMN Refund:Parent N Me Swim Lessons 36.00 36.00 124240 06/05/2008 010216 AMERICAN ELECTRIC SUPPLY Supplies:old fawn sound sys 404.06 404.06 INC 124241 06/05/2008 004240 AMERICAN FORENSIC NURSES Jun standby fee 1,000.00 Apr DUI & drug screenings: Police 148.00 Apr DUI & drug screenings: Police 470.00 1,618.00 124242 06/05/2008 000747 AMERICAN PLANNING 4/1/08-3/31/09APA Planning mbrshp 63.00 63.00 ASSOCIATION 124243 06/05/2008 000936 AMERICAN RED CROSS Apr Lifeguard Class:aquatics pgrm 240.00 240.00 124244 06/05/2008 000101 APPLE ONE INC Temp help:w/e 05/10:Morrison, D. 600.80 600.80 124245 06/05/2008 004623 AQUA TECH ENTERPRISES Chlorine tablets:tes pool 861.90 861.90 124246 06/05/2008 003203 ARTISTIC EMBROIDERY Safe driver award jackets:HR 431.00 Inf Sys staff shirts 461.17 892.17 124247 06/05/2008 010484 BAKER MOTIVATION, INC. Refund:Sec Dep:CRC 5/14/08 150.00 150.00 124248 06/05/2008 002541 BECKER CONSTRUCTION 5RV5 Street maint: PW Maint 7,650.00 INC Channel silt removal:pw maint div 8,380.00 Channel silt removal:pw maint div 12,235.00 28,265.00 124249 06/05/2008 004262 BIO-TOX LABORATORIES Apr DUI Drug &Alcahal 5creening:Police 1,480.90 Apr DUI Drug &Alcahal 5creening:Police 1,198.41 Apr DUI drug &Alcohol Screening:Police 1,123.00 3,802.31 Page:1 apChkLst Final Check List Page: 2 D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124250 06/05/2006 006906 C C & COMPANY INC Ent.:summer concerti pgrm:Clowns 550.00 Ent:summer concert pgrm:Clawns 412.50 Entrtmm~t:park ded.:wolf creek 150.00 1,112.50 124251 06/05/2008 005384 CALIF BAGEL BAKERY & DELI rfrshmnts:first aid trng 5/7-8/08 Fire 462.25 Refreshments: Civic Center Meetings 44.19 rfrshmnts:IS Civic Cntr Mstr Plan Mtg 242.44 748.88 124252 06/05/2006 000647 CALIF DEPT OF CONSUMER license renewal:amer attar 125.00 125.00 AFFAIRS 124253 06/05/2006 01201 B CHAPMAN, ANNETTE Refund:Adv of Tom Sawyer 37.95 37.95 124254 06/05/2008 000137 CHEVRON AND TEXACO 4/22-5/21 fuel usage:City Mgr 266.66 3/22-4/21 fuel usage:Police 1,679.80 4/22-5/21 fuel usage:Police 1,497.22 3/22-4/21 fuel usage:City Mgr 404.14 3,847.82 124255 06/05/2006 006360 CHURCH OF RELIGIOUS refund:sec.deposit/Harv Prk 4/20/08 150.00 150.00 SCIENCE 124256 06/05/2006 004609 CINTAS DOCUMENT 4/08 Shredding Svcs:City Hall 132.50 132.50 MANAGEMENT 124257 06/05/2006 012021 CLARK, CASSANDRA refund:Tiny Tots -Fab 4 & 5's 32.00 32.00 124258 06/05/2008 000442 COMPUTER ALERT SYSTEMS Alarm srvcs:library riser room 150.00 150.00 124259 06/05/2008 006303 CONDUIT NETWORKS, INC Network Svcs far City facilities 209.69 209.69 124260 06/05/2006 012026 CORALDE, JOCELYN Refund:Sec.Dep./Rental CRC 7/13/08 399.00 399.00 124261 06/05/2006 001264 COSTCO WHOLESALE Misc supplies:Merc art gallery 171.84 Misc supplies:Theaterhospitolity 65.23 Misc supplies:Theaterhospitolity 75.20 312.27 124262 06/05/2008 010650 CRAFTSMEN PLUMBING & HVAC Plumbing srvcs:harvestan park 4/10 328.15 328.15 INC 124263 06/05/2008 009808 CRUISIN OLDIES CONCERTS Sec deposit refund:Theater 500.00 500.00 124264 06/05/2008 005001 CYSTIC FIBROSIS FOUNDATION Refund:sec dep:sports park 4/27/08 150.00 150.00 124265 06/05/2008 008533 DAM KO, CHRISTINE reimb:'08 APA Canf 4127-511/08 222.25 222.25 Paget apChkLst Final Check List Page: 3 D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124266 06/05/2006 001393 DATA TICKET INC Mar Pkg citation proc. svcs:police 3,024.94 3,024.94 124267 06/05/2008 008100 DAVID MU55ER FINE ART Performance:arts camival:6/14 150.00 150.00 124268 06/05/2008 012020 DAVIS, GLENDA refund:sec dep:crc 4/3/08 150.00 refund:room rental 24.00 174.00 124269 06/05/2008 012005 DAY, DAVID L. Skyler day & Friends-5/21:Theater 666.10 686.10 124270 06/05/2006 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 640.00 TCSD instructor earnings 689.50 1,529.50 124271 06/05/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City Vehicles:Ping/Code Enf 599.71 INC Fuel for City Vehicles:Police 18.06 Fuel for City Vehicles:TCSD 3,065.30 Fuel for City Vehicles:TCSD/PW 2,660.81 Fuel for City Vehicles:PW/B&S/Ec Dev 152.83 Fuel for City Vehicles:B&S 716.53 Fuel for City Vehicles:PW Maint 2,243.95 Fuel for City Vehicles:PW Traffic 196.63 Fuel for City Vehicles:GlP PW 75.79 Fuel for City Vehicles: Land Dev/NPDES 560.60 10,310.21 124272 06/05/2008 011202 E M H SPORTS & FITNESS TCSD instructor earnings 315.00 315.00 124273 06/05/2008 010977 EICHBERGER-HARNED, JOANNE Refund:5ec Dep:CRC 1/19/08 150.00 150.00 124274 06/05/2008 012032 ENERGYSOFT, LLC Software:EnergyPra4.4:B&5 1,741.00 1,741.00 124275 06/05/2006 002939 ENVIRONMENTAL SYSTEMS Virtual Campus GIS Training 390.00 390.00 RESEARCH 124276 06/05/2008 012022 ES LA RESPUESTA, JESUCRISTO Refund:Sec Dep:TCC 5/3/OB 150.00 150.00 Page3 apChkLst D61D5/2DD8 5:43:5$PM Bank : union UNION BANK OF CALIFORNIA Check # hate Vendor 124278 06/05/2008 001056 EXCEL LANDSCAPE 124279 06/05/2008 000165 FEDERAL EXPRESS INC 124280 06/05/2008 011635 FERN STREET COMMUNITY ARTS INC 124281 06/05/2008 003174 FIREHOUSE MAGAZINE 124282 06/05/2008 000166 FIRST AMERICAN TITLE COMPANY Final Check List Page: 4 CITY OF TEMECULA (Continued) l7escriptian Amount Paid Check Total Mainline Repairs:S-OS Villages 3/20 251.86 Install maw curb:walf creek S-28 497.47 elec/irrig repair:presley 3/20 594.36 Mainline repairs:walf creek 284.02 Apr Lndscp maint:slapes 43,179.96 9/27/07:Mainline rep.:harveston 214.70 April Landscape maint:City Parks 44,371.22 Irrigation repair: Margarita Prk 3/31 129.10 mainline repairs:walf creek chnls 4/1 478.23 Irrigation repairs:Marg. Park 3/25 251.39 Irrigation repairs:Sports Pk 3/31 272.97 Apr Lndscp Maint:city facilities 9,986.81 Apr Lndscp Maint: Paseo del Sol median 15,445.61 Apr Idscp maint:north slopes 29,372.80 145,330.50 May Express mail svcs:var City dept 226.66 May 19 Express mail svcs:5ister Cities 793.96 Apr/May Express mail svcs:var City dept 256.26 1,276.88 Ent:traveling art's carnival:6/14/08 3,333.00 Ent:traveling art's carnival:6/7/08 3,333.00 6,666.00 Periodical far Fire Prevention 34.95 34.95 Title 5rch: 30875 Rcho Vsta Rd. 500.00 500.00 Page:4 apChkLst Final Check List Page: 5 D61D5/2DD8 5:43:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 124283 06/05/2006 003347 FIRST BANKCARD CENTER SOUTHWEST AIRLINES ONTARIO AIRPORT HERTZ RENT-A-GAR DOUBLETREE HOTEL PRIME TIME SHUTTLE BANK OF MEXICAN FOOD, TI PRIME TIME SHUTTLE CLAIM JUMPER RESTAURAN SWING INN CAFE LANDS' END BUSINESS (Continued) Description Amount Paid Check Total RR bank charges RR Airfare:NLC TIS Committee JC Prkg:CED Committee Mtg 5/OB JC Car RentaI:CED Committee Mtg 5/OB JC HoteI:CED Committee Mtg 5/08 GY airport trans:5ister Cities 4126/08 GY rfrshmnts:c/s trng 4/24108 GY airport trans:5ister Cities 513108 GY rfrshmnts:mayor's state/city luncheon GY rfrshmnts:golden triangle/eoc mtg GY h.r. staff jackets CALL FROM HOLLAND RR phone srvcs:Sister Cities 4/30 GALL FROM HOLLAND RR phone srvcs:Sister Cities 4/29 HSIA HOSPITALITY SERVICES RR business center services 5/2 PAYPAL GR Verisign Payflow Pro Transaction SCAN NATOA INC HP registr:Scan Natoa Cf-B.SmikhlP.Ruse SCAN NATOA INC HP membership dues:P.Ruse HOTELS.COM HP Htl/Scan Natoa Cf:B.Smith/P.Ruse INTL CODE COUNCIL HP 2007 code books:Library BJ'S RESTAURANTS, INC. HP rfrhsmnts:interviewpanel ROSAS CANTINA RESTAURANT HP rfrhsmnts:interviewpanel SOUTH COAST CONTROLS, INC HP 3 Time Glocks:Harv. Lake LAVENDER FIELDS, THE BATES NUT FARM INCA CORPORATION RECY-CAL SUPPLY COMPANY DINE IN DELIVERY 124284 06/05/2008 010493 FOREST CITY COMMERCIAL MGMT HP mpsc excursion 5/13/08 HP mpsc excursion 5/13/08 HP equip maint:C. Museum HP waste recepticles:tcsd HP rfrshmnts:Haz Mat Wrkshp 5/21 Jun lease pmt:PD mall stn 0.19 359.00 66.00 351.51 350.60 160.00 66.16 160.00 160.27 42.53 167.14 61.87 41.92 6.4$ 59.95 250.00 75.00 565.26 620.26 93.88 40.74 146.00 120.00 355.00 510.62 751.56 309.03 1,45$.33 6,152.97 1,458.33 Page:S apChkLst Final Check List Page: 6 D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # /late Vendor l7escriptian Amount Paid Check Total 124285 06/05/2008 001989 FOX NETWORK SYSTEMS INC Computer supplies & equip:info sys 606.20 808.20 124286 06/05/2008 009097 FULL COMPA55 SYSTEMS Misc stage supplies:Theater 164.19 164.19 124287 06/05/2008 011967 FULL VALUE ENTERTAINMENT Live at the Merc:5/23:theater 21.00 21.00 124288 06/05/2008 005947 GOLDEN STATE OVERNIGHT Apr. Exp Mail Service:Fire Prev. 41.01 Mar. Exp. Mail 5ervice:Fire Prev. 31.69 72.70 124289 06/05/2008 009606 GOLDEN VALLEY MUSIC Artful Sounds:Theater:5/22/08 728.34 726.34 SOCIETY 124290 06/05/2008 012023 GONZALEZ, JENNIFER Refund:Parent N Me Swim Lessons 36.00 Refund: Level 2 Swim Lessons 36.00 72.00 124291 06/05/2008 005882 GRIECO, SHEILA Refund:Sec Dep:CRC 5/24/08 150.00 150.00 124292 06/05/2008 010279 GRIFFITH AIR TOOL INC mist supplies: pw maint 116.37 mist supplies: pw maint 679.90 796.27 124293 06/05/2008 012031 HARNEY, TERI reimb:crime free multi-housing 4/7-11 /08 243.88 243.88 124294 06/05/2008 002126 HILLYARD FLOOR CARE SUPPL Y floor care supplies: crc 73.68 73.68 124295 06.05/2008 411827 HOCTOR, DANIEL Reimb:Adv Trf Coll.lnvestigation 3/17-28 194.41 194.41 124296 06/05/2008 004525 HUMANSCALE CORPORATION Workstation madifications:Ping 342.94 342.94 124297 06/05/2008 001060 HYATT Htl:Bio Int'I conf 6/17-20 s.d.,ca AA/GW 1,127.10 1,127.10 124298 06/05/2008 011342 I A C ENGINEERING INC. Apr prg pmt #2:murr crk multi purp trail 103,121.56 103,121.56 124299 06/05/2008 000193 I C M A 7/1/08-6/30/09:Mbrshp ren:Nelsan 1,400.00 1,400.00 124300 06/05/2008 011810 I W CONSULTING ENGINEERS Signing & 5triping:Rcho Vista Rd. 1,884.00 1,884.00 INC 124301 06/05/2008 004406 IGOE & COM PANY INC Apr flex benefit plan pmt 477.50 May flex benefit plan pmt 392.50 870.00 Pages apChkLst Final Check List Page: 7 D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK QF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124302 06/05/2006 004833 IMPERIAL PAVING COMPANY ING Pavement repairs:via las Colinas 30,395.00 30,395.00 124303 06/05/2006 003296 INTL CODE COUNCIL 2006 IBC Study Gompanion:b&s dept 542.35 542.35 124304 06/05/2008 006379 JULIAN CHARTER SCHOOL Refund:sec dep:CRC 5/28/08 150.00 150.00 124305 06/05/2008 006906 KHAN, BELVA Refund:Hip Hap Dance:5/2-6/20 90.00 90.00 124306 06/05/2006 004461 KIM LEY HORN & ASSOCIATES Mar consultant srvs:murr creek trail 535.00 ING Mar dsgn svcs:murr creek trail 765.69 1,320.69 124307 06/05/2006 008456 KITZEROW, CHERYL reimb:'OS APA Conf 4/27-5/1/OB 259.29 259.29 124308 06/05/2008 008715 KRAMER FIRM INC Consulting svcs:Telecomm AP Rev:Ping 2,000.00 2,000.00 124309 06/05/2006 010120 L G C INLAND INC Apr. Geotech srvcs:fiber optic prj 4,313.61 4,313.61 124310 06/05/2008 006744 LAMAR CORPORATION, THE May 08 billboard advertising: RDA 3,380.00 3,380.00 124311 06/05/2008 011792 LARA, NICHOLAS reimb:Fire Prev 2A 5/12-16/08 79.16 79.16 124312 06/05/2008 012027 LASHER, ANITA Refund:5ec Dep/Rental CRG 616/08 379.00 379.00 124313 06/05/2006 003726 LIFE ASSIST INC Trauma bags:Paramedics 535.13 Medical supplies::Paramedics 620.81 Emergency supplies:T.C.G. 3,571.12 4,727.06 124314 06/05/2008 012024 LIGHTNER, JANIS Refund:Adult Learn to Swim 36.00 36.00 124315 06/05/2008 004230 LINCOLN EQUIPMENT INC Pool equipment:aquafics pgrm 765.16 765.16 124316 06/05/2006 012019 LO PRESTI FAMILY 2001 TRUST refund:tiny tots fob 4 & 5's 40.00 40.00 124317 06/05/2006 009617 LOTUS MUSIC PRODUCTIONS, Karla Bonoff 5/23 Theater settlement 5,304.45 5,304.45 INC. 124318 06/05/2408 000224 MAURICE PRINTERS INC OS-09 Calendar-Tem.Presents (10,000} 1,765.42 1,785.42 Page:7 apChkLst Final Check List Page: 8 D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124319 06/05/2008 012014 MEEKER, TRACY refund:sec.deposit/crc 04/16/08 150.00 150.00 124320 06/05/2008 006571 MELODY'S AD WORKS Jun consulting svcs:Str Painting 3,000.00 3,000.00 124321 06/05/2008 012011 MEZA, TERESA refund:sec.deposit/crc 04/19/08 150.00 150.00 124322 06/05/2008 011440 MILLMORE'S WAX CREW City vehicles detailing svcs:PW Depts 100.00 100.00 124323 06/05/2008 004534 MOBILE SATELLITE VENTURES May EOC Stn Satellite Phone Svcs 72.88 72.88 LP 124324 06/05/2008 004566 MOORE FENCE COMPANY Res Imp Prgm: Massie, Rita 1,917.80 1,917.80 124325 06/05/2008 003996 MUSIC HERITAGE, INC. "Celebration of Strings" 5/28 Theater 1,327.44 1,327.44 124326 06/05/2008 001986 MUZAK -SOUTHERN CALIFORNIA Jun "on-hold" phone music:City Hall 52.66 Jun music broadcast:Old Town 69.11 May "on-hold" phone music:FOC 98.18 Jun "an-hold" phone music:FOC 98.18 318.13 124327 06/05/2008 012008 NATHANSON, JULI refund:musical theater 90.00 90.00 124328 06/05/2008 002037 NEXUS INTEGRATION SERVICES Network Client 5ervices:O.T. Frnt Str 1,071.24 1,071.24 124329 06/05/2008 002139 NORTH COUNTY TIM E5 Apr advertising: Theater 925.10 Apr recruitment ads:human resources 632.45 Apr public ntcs:City Clerk/Planning 563.88 6111/08-6/10/09 subscr:City Mgr/230233 114.00 2,235.43 124330 06/05/2008 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 276.50 276.50 124331 06/05/2008 003964 OFFICE DEPOT BUSINESS SVS credit:office supplies/PD Mall Stn -53.10 DIV credit:affice supplies/PD Mall Stn -19.86 Misc office supplies:Police Mall Stn 599.80 Misc office supplies:Police O.T. Stn 131.06 Misc office supplies:Police Mall Stn 8.72 666.62 124332 06/05/2008 006721 OFFICEMAX INCORPORATED misc. office supplies:finance 165.14 185.14 PageB apChkLst D6/D5/2DD8 5:43:58PM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124333 06/05/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 79.37 City Vehicle Maint Svcs:TCSD 486.19 City Vehicle Maint Svcs:TCSD 341.68 City Vehicle Maint Svcs:PW Maint 75.00 City Vehicle Maint Svcs:PW Maint 75.00 City Vehicle Maint Svcs:PW Maint 167.19 City Vehicle Maint Svcs:PW Maint 178.08 City Vehicle Maint Svcs:PW Land Dev 36.27 1,438.78 124334 06/05/2008 009694 ONSTAGE MUSICALS Wild Women/Broadway:Theater 5/28 6,382.28 6,382.28 124335 06/05/2008 001171 ORIENTAL TRADING COMPANY recreation supplies:Ghildren'sMuseurn 99.00 INC recreation supplies:Children'sMuseurn 44.50 recreation supplies:Ghildren'sMuseurn 167.22 mist supplies:Family Fun Nights 205.10 mist supplies:emp recognition lunch 156.13 691.95 124336 06/05/2008 012007 OROZCO, ALICIA refund:sec.deposit/CRC 5/10/08 400.00 400.00 124337 06/05/2008 006073 PAPP, EMERY reimb:Redevelopment Institute 5/5-9/08 187.86 187.86 124338 06/05/2008 010012 PARENT PROJECT INC Parent Project Warkbooks:Police 400.35 400.35 124339 06/05/2008 002099 PASCOE MANAGEMENT LLP Jun restroom rental:Old Town 626.00 826.00 124340 06/05/2008 004189 PENTAX TECHNOLOGIES Scanner:Fire Prevention 738.13 738.13 124341 06/05/2008 002331 PEP BOYS INC mist supplies:pw maint div 271.09 271.09 124342 06/05/2008 009796 PERVO PAINT COMPANY paint supplies:pwmaint div 3,355.34 3,355.34 124343 06/05/2008 000249 PETTY GASH Petty Cash Reimbursement 484.22 484.22 124344 06/05/2008 011854 PIGKFORD, GAREY, JR. Entertainment:Art Carnival 6/14 100.00 100.00 124345 06/05/2008 010995 POLLOCK, TROY reimb:Fire Prev 2A 5/12-16/08 61.41 81.41 124346 06/05/2008 010338 POOL & ELECTRICAL PRODUCTS pawl supplies & chemicals:aquatics 360.24 360.24 INC Page apChkLst Final Check List Page: 1D D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124347 06/05/2008 012009 PORTEGIES, HANS refund:Fit Fun & Fab 24.00 24.00 124348 06/05/2008 005075 PRUDENTIAL OVERALL SUPPLY Apr unifrms/flr mts/twl rental:City facs 1,378.62 1,378.62 124349 06/05/2008 011751 PUAHI'S POLYNESIAN DANCERS refund:picnic shltr/Hare Prk 5/4/08 55.00 55.00 INC 124350 06/05/2008 010380 QUALITY TRAILER SALES CERT trailer for Temecula Citizen Corp. 5,479.45 5,479.45 124351 06/05/2008 004029 R J M DESIGN GROUP INC Apr dsgn:redhawk parks impravment 2,200.00 2,200.00 124352 06/05/2008 007051 RALPHS Del Mar Fair mpsc excursion 6/26/08 158.00 156.00 124353 06/05/2008 000728 RAMSEYBACKFLOW & backflowtest/repair: Harveston Dr 22.00 22.00 PLUMBING 124354 06/05/2008 000262 RANCHO CALIF WATER DISTRICT Various Water Meters:TCSD 2,522.85 May 01-08-38009-0 T.C.C. 84.02 2,606.87 124355 06/05/2008 002654 RANCHO FORD LINCOLN City veh repair & maint:code enforce 64.69 64.69 MERCURY 124356 06/05/2008 003591 RENES COMMERCIAL Channel/lot easernent:var city sites 3,525.00 MANAGEMENT city r-a-w's clean-up/abatement 10,000.00 13,525.00 124357 06/05/2008 002110 RENTAL SERVICE equip rental:PW mntc 104.38 104.38 CORPORATION 124358 06/05/2008 006483 RICHARDS, TYREOSHA I. TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 245.00 371.00 124359 06/05/2008 010301 RIVERSIDE CO DISTRICT refund:sec.deposit/amphitheater4/14/08 150.00 150.00 ATTORNEY 124360 06/05/2008 000406 RIVERSIDE CO SHERIFFS DEPT FY 07/08 Field Training 200,947.20 Rotary Triathlon patrol srvcs 4/13/08 5,918.21 Western Days patrol srvcs 5/17-1 B/08 2,634.59 209,700.00 124361 06/05/2008 000406 RIVERSIDE CO SHERIFFS DEPT mobile device trng 6/5 Hactor/Velazquez 226.00 226.00 124362 06/05/2008 001365 RIVERSIDE COUNTY OF Jan-Mar '08vectarcontrol srvcs 2,585.09 2,585.09 Page:10 apChkLst Final Check List Page: 11 D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124363 06/05/2006 001365 RIVERSIDE COUNTY OF renew permit:T.E.S. Paal 305.00 305.00 124364 06/05/2008 001097 ROADLINE PRODUCTS INC misc maint supplies:pw malnt div 511.58 511.58 124365 06/05/2008 012010 ROBLEDO, JUANITA refund:sec.deposit/crc 4/20/08 150.00 150.00 124366 06/05/2006 005237 RYAN, CASSANDRA refund:musical theater 90.00 90.00 124367 06/05/2006 009100 SAN DIEGO GUILD Enterkainment:Art Carnival 6/14 525.00 525.00 124368 06/05/2006 000276 SAN DIEGO UNION TRIBUNE Apr recruitment ads:human resources 964.18 964.18 124369 06/05/2008 011829 SHELDRAKE, RICHARD SEAN Entertainment:Art Carnival 6/14 300.00 300.00 124370 06/05/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 5/22/08 262.50 Jazz @ the Merc 5/29/06 64.00 346.50 124371 06/05/2006 004441 SIEGEL DISPLAY PRODUCTS INC sales tax/inv# 500031138-B&S dpt 12.40 12.40 124372 06/05/2006 009746 SIGNS BY TOMORROW Reclaimed water signs:TCSD 599.65 599.65 124373 06/05/2008 000645 SMART & FINAL INC rec supplies:concerts/movies in the park 300.98 misc supplies:csd community expo 139.40 misc supplies:tiny tot pgrm 162.97 misc. supplies:familyfuH Hite pgrm 27.30 recreation supplies:fam 143.37 misc supplies:mpsc 26.72 rfrshmnts & supplies:csd prk dedication 76.01 supplies:csd pre-summer prgms mtg 360.75 hospitality supplies: Theater 26.17 misc supplies:tcc 453.04 1,716.71 Page:1 1 apChkLst Final Check List Page: 12 D6/D5/2DD8 5:43:58PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124374 06/05/2008 000537 SO CALIF EDISON May 2-27-371-8494 rcrds mgmt 24.07 May 2-28-904-7706 various mtrs 167.49 May 2-00-397-5067 various mtrs 1,576.47 May 2-29-224-0173 Fire Stns 1,722.38 May 2-29-953-8082 Walf Vly 22.76 May 2-29-458-7546 various mtrs 73.85 May 2-30-220-8749 Wolf Creek Dr 539.18 May 2-28-629-0507 library 7,237.71 May 2-29-933-3831 FOC 1,582.45 May 2-29-657-2787 Winchester Rd 16.39 May 2-19-171-8568 Wedding Chpl 58.42 May 2-18-937-3152 T. Museum 716.61 May 2-02-351-4946 M PSC 1,110.49 May 2-14-204-1615 Front St Rdio 29.19 May 2-00-397-5042 City Hall 6,006.21 May 2-29-657-2332 Redwood Rd Ped 16.65 May 2-29-953-8447 Wolf Vly Rd Ped 16.08 May 2-29-953-8249 Walf Crk Dr Ped 18.65 May 2-29-295-3510 W.C. Fire Stn 92 1,034.37 May 2-20-617-9929 PD O.T. Stn 230.33 May 2-29-223-8607 Old Twn PED 1,468.26 May 2-29-807-1093 Irrigation Diaz Rd 18.57 May 2-29-607-1226 Diaz Rd Irrigation 17.10 May 2-29-807-1382 Irrigation Meter 16.39 23,724.07 124375 06/05/2008 001212 SO CALIF GAS COMPANY May 091-024-9300-5 CRC 2,306.68 May 129-582-9784-3 FOC 129.60 May 026-671-2909-8 Theater 34.84 May 181-363-6661-6 T. Museum 30.07 May 091-065-1632-0 T.E.S. Pool 304.98 May 021-725-0775-4 MPSC 150.13 May 101-525-1560-6 Fire Stn 73 85.56 3,041.86 124376 06/05/2008 000519 SOUTH COUNTY PEST CONTROL May pest control services: fs 84 80.00 INC pest control srvcs:Pasea Galante Park 84.00 pest control srvcs:RRSP 268.00 pest control srvcs:Margarita Park 84.00 pest control srvcs:Vail Ranch Park 84.00 pest control srvcs:Code Enforce 64.00 664.00 124377 06/05/2008 007851 5OUTHCOAST HEATING & AIR HVAC srvcs:City Hall 419.76 HVAC Prev Maint:Cityfacilities 4,190.00 May hvac prey maint:Fire Stns/T.C.C. 405.00 5,014.76 124378 06/05/2008 007906 SOUTHWEST CHRISTIAN refund:sec.deposit/Harv Prk 5/1 B/08 150.00 150.00 CHURCH Page:12 apChkLst Final Check List Page: 13 D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # /late Vendor l7escriptian Amount Paid Check Total 124379 06/05/2008 000293 STADIUM PIZZA INC Rfrshmnts/Staff Training:C. Museum 61.20 61.20 124380 06/05/2006 002366 STEAM SUPERIOR CARPET Garpet cleaning srvcs:West Wing 995.00 CLEANING Carpet cleaning srvcs:City Hall 2,650.00 3,645.00 124381 06/05/2006 012013 STORER, GINA refund:sec.deposit/crc 5/20108 150.00 150.00 124382 06/05/2008 001546 STRAIGHT LINE GLASS Replacewindawglass:C. Museum 454.87 454.87 124383 06/05/2008 011667 T & TJANITORIAL INC Mayjanitarial srvcs:City Facilities 7,301.76 7,301.76 124384 06/05/2008 000305 TARGET BANK BUS CARD SRVCS mist supplies:tiny tot pgrm 164.81 misc. supplies:familyfuH Hite pgrm 90.66 misc. supplies:mpsc 57.71 mist rec supplies:crc gym 211.53 recreation supplies: Children's Museum 73.77 recreation supplies: Children's Museum 102.64 hospitality supplies: Theater 13.86 734.98 124385 06/05/2008 010679 TEMECULA AUTO City veh repair & maint:fire prevention 1,119.98 1,119.98 REPAIR/RADIATOR 124386 06/05/2008 008292 TEMECULA DIESEL AUTO & AC patch truck maint:PW Maint 212.76 TRUCK AC patch truck maint:PW Maint 698.25 911.01 124387 06/05/2008 010848 TEMECULA PLANTSCAPE May lease pmt:plants @ library 400.00 400.00 124388 06/05/2008 005318 TEMECULA PLAY & LEARN refund:sec.deposit/rrsp 5/18/08 150.00 150.00 SCHOOL 124389 06/05/2008 011736 TEMECULA TROPHY INC Recognition plaque:Z. Smith 124.94 124.94 124390 06/05/2008 000311 TEMECULA VALLEY HIGH TVHS Band performance 5/20/08 682.45 682.45 SCHOOL 124391 06/05/2008 011677 TEMECULA VALLEY PEOPLE refund:sec.deposit/mpsc 4/27108 150.00 150.00 124392 06/05/2008 004274 TEMECULAVALLEYSECURITY Locksmith services:HarvestanPark 205.20 CENTR Locksmith services:Theater 99.70 304.90 124393 06/05/2008 003941 TEM ECULA W INNELSON plumbing supplies:var. park sites 280.19 280.19 COMPANY Page:13 apChkLst Final Check List Page: 14 D6/D5/2DD8 5:43:5 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued} Check # Date Vendor Uescriptian Amount Paid Check Total 124394 06/05/2008 004145 TIME WARNER TELECOM May City phones general usage 1,024.95 1,024.95 124395 06/05/2008 000668 TIMMY D PRODUCTIONS INC Entertainment:Teen Prgm dance 5/23/08 425.00 425.00 124396 06/05/2008 009436 TOOKE, MICHAEL reimb: team bldg supplies 5/22/08 191.35 191.35 124397 06/05/2008 004308 TOWNE & COUNTRYAUTO & Autatowing srvcs:Palice 1,993.25 1,993.25 TOWING 124398 06/05/2008 010526 TUCKER, DON 5/31-6/6trolleyservice:aldtawn 1,157.00 1,157.00 124399 06/05/2008 012016 VALENCIA, FELY refund:sec.deposit/rental-Harv Prk 5/25 235.00 235.00 124400 06/05/2008 012012 VELA, LAURA refund:Tiny Tots -Fab 4 & 5's 32.00 32.00 124401 06/05/2008 004261 VERIZON May xxx-2075 general usage 27.61 May xxx-3526 fire alarm 101.20 May xxx-5696 Sports Complex 33.72 May xxx-2676 general usage 33.72 May xxx-2016 reverse 911 120.39 May xxx-5706 FOC Bldg 303.60 May xxx-7786 C. Washington 36.38 May xxx-9897 general usage 88.01 May xxx-5275 PD DSL 34.79 779.42 124402 06/05/2008 004789 VERIZON ONLINE May Internet secs/EOC backup @ stn 84 39.95 May Internet svcs:EOG backup @ Library 439.95 479.90 124403 06/05/2008 003730 WEST COAST ARBORISTS INC 4/16-30/08 tree trimming srvcs:citywide 17,502.00 17,502.00 124404 06/05/2008 000621 WESTERN RIVERSIDE COUNCIL spnsrshp/17th ann'I gen.assembly 6/19 1,000.00 1,000.00 OF 124405 06/05/2008 012017 WISNIEWSKI, ROBIN refund:high hopes excursion 1/20/OS 30.00 30.00 124406 06/05/2008 003776 ZOLL MEDICAL CORPORATION system battery upgrade: medics 2,105.76 2,105.76 Grand total for UNION BANK OF CALIFORNIA: 873,696.84 Page:14 apChkLst Final Check List Page: 15 D61D5/2DD8 5:43:58PM CITY OF TEMECULA 171 checks in this report. Grand Total All Checks: 873,696.84 Page:15 apChkLst Final Check List Page: 1 46/12l2DD8 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1067 06/12/2008 000444 INSTATAX (EDD) State Disability Ins Payment 23,295.54 23,295.54 1068 06/12/2008 000283 INSTATAX (IRS} Federal Income Taxes Payment 92,868.66 92,868.66 1069 06/12/2008 000389 NATIONWIDE RETIREMENT OBRA -Project Retirement Payment 3,975.72 3,975.72 SOLUTION 1070 06/12/2008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 22,929.27 22,929.27 SOLUTION 1071 06/12/2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 125,697.86 125,697.86 RETIREMENT) 1072 06/12/2008 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 0.00 Child Care Reimbursement Payment 10,286.41 10,286.41 1073 06/12/2008 000245 PERS -HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 77,408.68 77,408.68 124407 06/12/2008 003552 A F L A C AFLAC Cancer Payment 3,478.32 3,478.32 124408 06/12/2008 004148 A T & T May phone usage:Ping 210.51 210.51 124409 06/12/2008 004973 ABACHERLI, LINDI TCSD instructor earnings 840.00 840.00 124410 06/12/2008 011937 ADDISON E4UIPMENT RENTAL Const snres:tcc expansion grading 46,995.25 46,995.25 124411 06/12/2008 005222 ADVERSALO, TERI Refund:parking cite 61224:dismissed 65.00 65.00 124412 06/12/2008 004240 AMERICAN FORENSIC NURSES May DUI & drug screenings: Police 481.00 May DUI & drug screenings: Police 237.00 718.00 124413 06/12/2008 000101 APPLE ONE INC temp help ppe 05/17 d. morrisan 480.64 480.64 124414 06/12/2008 003376 ARTS COUNCIL, THE An Afternoon of Jazz:S/31/08 11.13 11.13 124415 06/12/2008 000475 B N I PUBLICATIONS INC Publications:pw cip 2006 Grnbk 51.60 51.60 124416 06/12/2008 011438 BAKER, BLYTHE EDEN TCSD instructor earnings 450.00 450.00 Paget apChkLst Final Check List Page: 2 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124417 06/12/2008 010973 BATTERIES PLUS battery supplies:pw traffic div 114.87 114.67 124418 06/12/2008 002381 BEAUDOIN, LINDA Retirement Medical Payment 703.00 703.00 124419 06/12/2008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 525.00 TCSD instructor earnings 546.00 1,071.00 124420 06/12/2008 012038 BOCCIA, MICHELLE Refund:evangeline mudd & the golden 15.99 15.99 124421 06/12/2008 008605 BONTERRA CONSULTING Consult secs/silt removal:RRSP channel 2,272.50 2,272.50 124422 06/12/2008 004176 BROADWING May Long distance & Internet svcs 745.52 745.52 TELECOMMUNICATIONS 124423 06/12/2008 004513 BROCK ENTERPRISES, INC. Misc supplies: Aquatics program 214.56 Misc supplies: Aquatics program 432.32 646.88 124424 06/12/2008 003222 BROGKMEIER, CAROL Retirement Medical Payment 690.26 690.26 124425 06/12/2008 012052 BROWER, STEVEN Refund:Parking cite 61312:Overpay 284.00 284.00 124426 06/12/2008 005889 BROWN, PASCALE supplies:team bldg:6/11/08:finance 213.75 213.75 124427 06/12/2008 009959 BRUDVIK INC Generator rental:Bluegrass Fest. 3/14-17 1,275.00 1,275.00 124428 06/12/2008 001054 CALIF BUILDING OFFICIALS trng:ed week so:AMclanahan:B & S 250.00 250.00 124429 06/12/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 124430 06/12/2008 004248 CALIF DEPT OF JUSTICE- Apr Fingerprinting Services: Police 4,351.00 4,351.00 ACCTING 124431 06/12/2008 001267 CALIF DEPT OF MOTOR veh regis:'04 victor trlr:fire stn 84 10.00 10.00 VEHICLES 124432 06/12/2008 005660 CALIF EMS AUTHORITY ca paramed lic:michael perkins 130.00 130.00 124433 06.12/2008 007146 CALIFORNIA SENSOR CORP parts and repairs: tcsd 172.00 parts and repairs: tcsd 377.13 549.13 Paget apChkLst Final Check List Page: 3 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124434 06/12/2008 004971 GANON FINANCIAL SERVICES, Jun copier lease pmt:City fac's 4,744.84 4,744.84 INC 124435 06/12/2008 000131 CARL WARREN & COM PANY INC Glaims adjuster services 3,631.81 3,631.81 124436 06/12/2008 005373 CHINIAEFF, DENNIS reimb:'08 nat'I apa canf:4/27-5/1/08 265.29 265.29 124437 06/12/2008 004609 CINTAS DOCUMENT May Document shred srvc: PD Mall 77.50 77.50 MANAGEMENT 124438 06/12/2008 012036 CIVIC YOUTH ORCHESTRA INC Civic Youth Orchestra:5/30/08 431.50 431.50 124439 06/12/2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 124440 06/12/2008 000447 COMTRONIX OF HEM ET motorcycle repair:palice 925.04 925.04 124441 06/12/2008 012006 CORNELL, ALLISON concert:allison cornell:5/27/08 602.00 802.00 124442 06/12/2008 001264 COSTCO WHOLESALE Misc supplies: Fire 33.43 33.43 124443 06/12/2008 003986 COZAD & FOX INC Surveying srvcs:diaz rd realign 10,072.00 design srvcs:pechanga turn lanes 3,910.00 13,982.00 124444 06/12/2008 010650 CRAFTSMEN PLUMBING & HVAC Plumbing srvcs:rrsprts park 208.38 INC Plumbing srvcs:mdows park 230.16 436.54 124445 06/12/2008 007033 CROW NE PLAZA HOTELS htI:PR,DS,MP,EJ: Codes Inst. 7/15-17 759.20 759.20 RESORTS 124446 06/12/2008 001393 DATA TICKET INC Apr Parking citation processing srvcs 3,375.37 3,375.37 124447 06.12/2008 008100 DAVID MU55ER FINE ART Perfionnance:painting@arts carnival 150.00 150.00 124448 06/12/2008 002701 DIVERSIFIED RISK/HUB INT'L May 2006:special events premiums 666.82 866.82 Page3 apChkLst Final Check List Page: 4 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Uescriptian Amount Paid Check Total 124449 06/12/2006 004192 DOW NS COMMERCIAL FUELING Fuel for Cityvehicles:PW 137.16 INC Fuel for City veh icles: PW 1,786.33 Fuel for City vehicles:ClP PW 69.80 Fuel for City vehicles:TCSD 3,071.31 Fuel for City vehicles:TrlBlzr:Van 131.06 Fuel for City vehicles:Land Dev 539.50 Fuel for City vehicles:Ping/Code Enf 564.19 Fuel for City vehicles:Police 90.92 Fuel for City vehicles:B&5 504.07 6,934.34 124450 06/12/2006 012042 DREISBACH, JENNIFER Refund:ToddlerSwim:6/16-6/27 36.00 36.00 124451 06/12/2008 007319 EAGLE ROAD SERVICE & TIRE supplies:tires:pw hackhae 824.85 824.85 INC 124452 06/12/2008 012041 ELARDO, LEA Refund:4'" of July parade 10.00 10.00 124453 06/12/2008 011945 ELECTRONIC CINEMA SERVICE Projector supplies:theater 550.00 550.00 124454 06/12/2008 005692 ELMO, ANTHONY Retirement Medical Payment 703.00 703.00 124455 06/12/2006 012056 EMILE, LOUIS TCSD instructor earnings 1,050.00 1,050.00 124456 06/12/2006 005115 ENTERPRISE RENT A CAR INC Vehicle rental:planning dept 79.74 Vehicle rental:planning dept 79.74 159.48 124457 06/12/2008 011203 ENVIRONMENTAL CLEANING April Maint Svc:Parks 5,315.00 5,315.00 124458 06/12/2008 011292 ENVIRONMENTAL SCIENCE CEQA cnsultnt srvcs: Ping Dept 4,228.68 4,228.68 A55OC. 124459 06/12/2008 012039 E5OUIBEL,ROMELIA Refund:securitydep:tcc:5/31 150.00 150.00 124460 06/12/2008 012054 EVANS, RUKSHAN D. Refund:parking cite 62681:overpmt 50.00 50.00 Page:4 apChkLst 06/12/2008 6:18:4DPM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124461 06/12/2008 001056 EXCEL LANDSCAPE Irrig repairs: Median/Park Sites 481.71 Plant flowers:ald town barrels 387.60 Irrig mainline repair:temeku hills 206.89 Irrig gate valve rep:temeku hills 59.13 Irrigation mainline repairs:villages 77.99 Irrig mainline repairs:Vintage Hills 226.05 Irrig mainline repair:Crowne Hill 296.84 Mainline repairs:medians & parks 390.91 Mainline repairs:Villages 226.84 Irrig mainline rep:Vail Ranch Pkwy 357.79 2,713.75 124462 06/12/2008 012040 EZ, LUBE Refund:eng deposiU30625 Tem.Pkwy 995.00 995.00 124463 06/12/2008 012055 FADIO, RAHIB Refund:parkingcite41543:dismissed 100.00 100.00 124464 06/12/2008 000478 FAST SIGNS Trolley Signs:ald town 370.91 370.91 124465 06.12/2008 000206 FEDEX KINKOS INC Fed Ex/Kinko's Misc. Supplies 201.50 201.50 124466 06/12/2008 011635 FERN STREET COMMUNITY Entertainment:traveling art's carnival 3,333.00 3,333.00 ARTS INC 124467 06/12/2008 003747 FINE ARTS NETWORK FAN's Divertissements:6/5-7/08 6,674.19 6,674.19 124468 06/12/2008 000166 FIRST AM ERICAN TITLE Preliminary title rpt:tem park & ride 500.00 500.00 COMPANY 124469 06/12/2008 003281 FOREMOST PROMOTIONS Promo items:Park Rangers 240.00 240.00 124470 06/12/2008 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 871.00 871.00 124471 06/12/2008 001989 FOX NETWORK SYSTEMS INC document scanner:cashier office 2,138.44 2,136.44 124472 06/12/2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 124473 06/12/2008 011967 FULL VALUE ENTERTAINMENT Live at the Merc:5/30/08 73.50 73.50 124474 06/12/2008 000172 G AS B The GASB subscr:6/1/08-5/30/09:Fin. 185.00 185.00 Page:S apChkLst 06/12/2008 6:18:4DPM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124475 06/12/2008 007866 G C S SUPPLIES INC Computer supplies:lnfo Sys 160.55 Computer supplies:lnfa Sys 2,412.38 Computer supplies:lnfo Sys 616.76 3,189.69 124476 06/12/2008 010028 G M BUSINESS INTERIORS Office fumiture:Fire Stn 73 8,016.01 8,016.01 124477 06/12/2008 011351 GBA MASTER SERIES, INC. Add'I GBA work master licenses 7,700.53 7,700.53 124478 06/12/2008 000173 GENERAL BINDING binding/lamination supp:Cntrl Svcs 172.26 172.26 CORPORATION 124479 06/12/2008 000177 GLENNIES OFFICE PRODUCTS Misc office supplies:GlS/Info Sys 145.84 INC CrediUaffice supplies:FOC Bldg -967.09 Misc office supplies:PW, FOC Bldg 3,898.56 Misc office supplies:PW 1,122.35 Misc office supplies:Theater 607.87 Misc office supplies:TCSD 408.79 Misc office supplies:Records Mgmt 57.54 Misc office supplies:Fire Prevention 632.70 Misc office supplies:Eca Dev 215.49 Misc office supplies:Cauncil/Econ Dev 33.36 Misc office supplies:Council 72.41 Misc office supplies: Planning 702.57 Misc office supplies:B&S dept 280.29 Misc office supplies:6&S dept 1,046.65 6,457.33 124480 06/12/2008 005157 GUERRIERO, RON reimb:'08 nat'I apa canf:4/27-30/08 332.50 332.50 124481 06/12/2008 000520 H D L COREN & GONE INC Property tax consulting:finance 5,000.00 5,000.00 124482 06/12/2008 004188 HARRIS & ASSOCIATES Engineering srvcs:pavement rehab 11,230.00 11,230.00 124483 06/12/2008 010916 HARTER, STANLEY reimb:'OS nat'I apa conf:4/27-30/OB 440.57 440.57 124484 06/12/2008 008244 HARVEY, SCOTT Retirement Medical Payment 577.97 577.97 124485 06/12/2008 012060 HERNANDEZ, RALPH reimb:OTS Seminar:4/27-4/30/O8 200.61 200.61 124486 06/12/2008 007792 HINTON, BEVERLY L. TCSD instructor earnings 116.90 116.90 124487 06/12/2008 009927 HOBBYLINC.COM Misc supplies: Kite day 5/1 B 197.75 197.75 Pages apChkLst 06/12/2008 6:18:4DPM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124488 06/12/2008 011827 HOCTOR,DANIEL advtraftrng:4121-5/2/08:Perris,CA 227.84 227.84 124489 06/12/2008 005748 HODSON, CHERYL A. Support Payment 13.28 13.28 124490 06/12/2008 000963 HOGAN, DAVID Retirement Medical Payment 703.00 703.00 124491 06/12/2008 011771 HOGLE IRELAND INC Consulting srvcs:plan ck inspection -360.00 Consulting srvcs:plan ck inspection 5,150.00 4,790.00 124492 06/12/2008 003198 HOME DEPOT, THE supplies:every 15 min pgrm-Police 404.38 404.38 124493 06/12/2008 001517 HORIZON HEALTH May Emp Assistance Prgrm:hr 664.40 884.40 124494 06/12/2008 012046 HYDROPOINT DATA SYSTEMS, 1 yr subscr:weathertrak:tcsd 168.00 168.00 INC 124495 06/12/2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,875.23 11,875.23 303355 124496 06/12/2008 000863 I P M A Mbrshp:G.Yates:FY08-09 40.00 40.00 124497 06/12/2008 001123 INDUSTRIAL DISTRIBUTION Misc supplies:pw maint div 399.78 GROUP Misc supplies:pw maint div 167.45 587.23 124498 06/12/2008 006914 INNOVATIVE DOCUMENT Apr copier maint & usage:library 591.36 591.36 5OLUTIONS 124499 06/12/2008 003296 INTL CODE COUNCIL ado & title 24 sem:m.beile/c.blahas 7/15 250.00 250.00 124500 06/12/2008 010119 IRS - OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11 124501 06/12/2008 001186 IRWIN, JOHN TCSD instructor earnings 63.70 TCSD instructor earnings 352.80 TCSD instructor earnings 156.80 573.30 124502 06/12/2008 008516 JAMIN ENTERTAINMENT Add'I generators:camm'y svc expo 5/31 150.00 150.00 124503 06/12/2008 012044 JOHNSON, ROBERT D. release claims agreement pmt 295.19 295.19 124504 06/12/2008 006666 JUSTUS, JEANETTE Refund: Skateboard Design 7/28 60.00 60.00 Page:7 apChkLst Final Check List Page: 8 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124505 06/12/2006 012037 KIM, DO GYUN Refund:Absolom,Absolom 12.95 12.95 124506 06/12/2008 007834 KMART Misc supplies:fire stn 92 91.54 91.54 124507 06/12/2008 000209 L & M FERTILIZER INC Apr maim and supplies: Fire Stn 84 1,099.78 1,099.78 124508 06/12/2006 012043 LEE, JANICE Refund:Summer Day Camp:6/16-27 200.00 200.00 124509 06/12/2006 012053 LEONE, JOSHUA J. Refund:parking cite 62630:dismissed 325.00 325.00 124510 06/12/2006 009366 LETS GET PERSONAL Uniforms:code enforcement 247.76 247.76 124511 06/12/2008 004905 LIEBERT, CA551DY & W HITMORE March HR legal secs far TE060-01 756.00 756.00 124512 06/12/2008 004548 LIGHTNING POWDER COMPANY Fingerprinting pads:pd mall 55.27 55.27 124513 06/12/2008 008908 LUNA, JESUS Refund: security dep: TCC 5/24 150.00 150.00 124514 06/12/2008 012051 MACIAS, DEBRA refund: prkg cite #62115 dismissed 325.00 325.00 124515 06/12/2006 003762 MAIN STREET SIGNS "Field Closed" signage:csd park pgrm 797.35 Misc signs & supplies:pw maint div 4,181.97 hardware/replacements signs:PW Maint 21,380.29 26,359.61 124516 06/12/2008 000394 MAINTENANCE Basic Supervision 7/8-9/08 5 PW Staff 500.00 500.00 SUPERINTENDENTS 124517 06/12/2008 004141 MAINTEX INC Custodial Supplies:Library 297.39 Custodial Supplies:History Museum 156.78 Custodial equip maint/supplies:prksfthtr 461.79 Custodial Supplies:TCC 691.22 Custodial Supplies:CRC 396.95 Custodial Supplies:C. Museum 934.24 2,960.37 124518 06/12/2008 004068 MANALILI, AILEEN TCSD Instructor Eamings 185.50 TCSD Instructor Eamings 124.25 TCSD Instructor Eamings 234.50 TCSD Instructor Eamings 157.50 TCSD Instructor Eamings 77.00 TCSD Instructor Eamings 106.75 885.50 PageB apChkLst Final Check List Page: 9 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # /late Vendor l7escriptian Amount Paid Check Total 124519 06/12/2008 001967 MANPOW ER TEMPORARY Temp help w/e 05/18 A. PAED 572.16 SERVICES Temp help w/e 05111 A. PAED 688.38 Temp help w/e 05/25 A. PAED 715.20 1,975.74 124520 06/12/2008 000217 MARGARITA OFFICIALS ASSN May officiating srvcs:csd sports prgms 3,270.00 3,270.00 124521 06/12/2008 011179 MC MILLIN REDHAWK LLC TCSD Instructor Eamings 280.00 TCSD Instructor Eamings 665.00 TCSD Instructor Eamings 453.60 1,398.60 124522 06/12/2008 012062 MCCRACKEN, MICHAEL refund:room rental overpmt/CRC 11/15/08 72.00 72.00 124523 06/12/2008 012049 MCDONALD, KYLE M. refund: prkg cite #63259 dismissed 65.00 65.00 124524 06/12/2008 012057 MENDOZA, EVA refund:sec.deposit/CRC 5/31/08 150.00 150.00 124525 06/12/2008 008555 MERCURY INSURANCE release claims agreement payment 7,698.26 7,698.26 124526 06/12/2008 003076 MET LIFE INSURANCE COMPANY MetLife dental Insurance Payment 8,257.68 6,257.68 124527 06/12/2008 007210 MIDORI GARDENS plant material replacement:var prk sites 5,000.00 install regulators/plants:harv lake park 6,183.03 Idscp srvcs:Wolf Creek Linear Park 512.66 Idscp srvcs:john magee 103.38 Idscp srvcs:sam hicks park 392.05 mainline repairs:vail ranch park 5/9108 91.04 mainline repairs:Harv.Lake Prk 4/30/OB 359.47 12,641.63 124528 06/12/2008 007669 MILES, KATRINA TCSD Instructor Eamings 105.00 TCSD Instructor Eamings 560.00 665.00 124529 06/12/2008 011440 MILLMORE'S WAX CREW City vehicles detailing svcs:PW Depts 75.00 75.00 124530 06/12/2008 001384 MINUTEMAN PRESS Business cards:P.Richardson/D.Ubnoske 233.92 233.92 124531 06/12/2008 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Eamings 378.00 A. TCSD Instructor Eamings 453.60 831.60 124532 06/12/2008 001892 MOBILE MODULAR 5/21-6/19/08 lease pmt:The Pantry 1,033.33 1,033.33 124533 06/12/2008 012059 MOHR,TIM reimb:OTSseminar4/27-30/08 180.30 180.30 Page apChkLst Final Check List Page: 10 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK t)F CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124534 06/12/2006 004586 MOORE FENCE COMPANY fence installation:pbsp 2,257.00 2,257.00 124535 06/12/2008 006146 MT 5AN JACINTO COMMUNITY Computer training:City staff 6/16-17/08 2,592.00 2,592.00 124536 06/12/2008 010797 MUSSER, DAVID TCSD Instructor Earnings 63.00 63.00 124537 06/12/2008 010168 MYERS & SONS HI-WAY SAFETY misc traffic supplies:pw maim div 3,416.21 3,416.21 INC 124538 06/12/2008 002925 NAPA AUTO PARTS misc auto parts & supplies:fire stn 84 18.46 18.46 124539 06/12/2008 000233 NELSON, SHAWN reimb: May Internet services 44.99 44.99 124540 06/12/2008 002037 NEXUS INTEGRATION SERVICES Apr Network Client Services 620.00 620.00 124541 06/12/2008 002898 NION EGLI EC}UIPMENT misc parts & supplies:pw maint div 477.50 477.50 COMPANY 124542 06/12/2006 010273 NION PEABODY LLP March 'OS legal services 2,211.00 February'081egal services 10,814.50 February'081egal services 21,546.36 March '08 legal services 18,001.16 52,573.02 124543 06/12/2008 009570 O C B REPROGRAPHICS May blueprints:western bypass/tcc expn 122.58 122.58 124544 06/12/2008 011679 OAK GROVE INSTITUTE Back to Business Basics 5129 -Theater 636.47 836.47 FOUNDATION 124545 06/12/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:B&S Dept 658.71 City Vehicle Maint Svcs:City Mgr 36.27 City Vehicle Maint Svcs:PW CIP 76.75 City Vehicle Maint Svcs:PW Maint 43.75 City Vehicle Maint Svcs:PW Maint 338.67 City Vehicle Maint Svcs:PW Maint 111.27 City Vehicle Maint Svcs:PW Maint 1,132.25 City Vehicle Maint Svcs:PW Maint 43.75 City Vehicle Maint Svcs:B&5 Dept 834.71 3,278.13 124546 06/12/2008 001171 ORIENTAL TRADING COMPANY recreation supplies:C. Musuem 115.20 115.20 INC 124547 06/12/2008 010547 PARKS, RON Retirement Medical Payment 703.00 703.00 Page:10 apChkLst Final Check List 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description 124548 06/12/2006 012048 PASQUAN, CHARLES refund: prkg cite #64371 dismissed 124549 06/12/2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment PROGRAM 124550 06/12/2008 011854 PIGKFORD, CAREY, JR. performance:juggling @arts carnival 6121 124551 06/12/2008 010338 POOL & ELECTRICAL PRODUCTS pawl supplies & chemicals:aquatics INC 124552 06/12/2008 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 124553 06/12/2008 000254 PRESS ENTERPRISE COMPANY annual subscr:tcsd 3254007 INC 124554 06/12/2008 012063 PROMISE PRESCHOOL refund:field trip/C.Museum 8/13/08 124555 06/12/2008 007093 PYLE, ANITA Retirement Medical Payment 124556 06/12/2008 002612 RADIO SHACK INC mist equipment:Library 124557 06/12/2008 000728 RAMSEY BACKFLOW & Backflaw testing:fire stn 84 PLUMBING Backflaw testing:CRC 124558 06/12/2008 002654 RANCHO FORD LINCOLN City veh repair & maint:city manager MERCURY 124559 06/12/2008 009725 RAZAVI, MANDIS TCSD Instructor Eamings 124560 06/12/2008 003591 RENES COMMERCIAL MANAGEMENT 124561 06/12/2008 002110 RENTAL SERVICE CORPORATION 124562 06/12/2008 006483 RICHARDS, TYREOSHA I. TCSD Instructor Eamings Presenter:historyrnuseum 4/26/08 Presenter:historyrnuseum 5/17/08 2nd app//weed abate:City R-O-W's vibratory plate:PW Maint equip rental:PW mntc equip rental:PW mntc equip rental:PW mntc TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings Amount Paid 65.00 377.54 100.00 449.80 502.20 351.52 35.00 244.44 64.62 44.00 44.00 250.00 515.20 500.00 200.00 200.00 8,750.00 2,092.49 204.71 43.74 61.64 98.00 126.00 98.00 Page: 11 Check Total 65.00 377.54 100.00 449.80 502.20 351.52 35.00 244.44 64.62 88.00 250.00 1,415.20 6,750.00 2,402.58 322.00 Page:1 1 apChkLst Final Check List Page: 12 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # /late Vendor l7escriptian Amount Paid Check Total 124563 06/12/2006 000352 RIVERSIDE CO ASSESSOR Apr-May assessor maps:b&s dept 12.00 12.00 124564 06/12/2008 000353 RIVERSIDE CO AUDITOR Mar'08 prkg citation assessments 12,436.69 12,436.69 124565 06/12/2008 000418 RIVERSIDE CO CLERK & Res Imprv Prgm: Lovell, Beverly 27.00 27.00 RECORDER 124566 06/12/2008 000406 RIVER51DECO5HERIFFSDEPT 1/3-30/08:lawenforcement 1,341,053.27 FY 07/08 Rate Adj/law enforcement 333,127.55 FY 07/08 facility expenses 250,626.62 1/31-2/27/08:1aw enforcement 1,342,828.44 2/28-3/26/OS:lawenforcement 1,407,192.18 4,674,830.06 124567 06/12/2008 000873 ROBERTS, RONALD H. reimb:Sister Cities 4/26-5/3/08 Voarburg 101.77 101.77 124568 06/12/2008 012058 ROGERS, BETHANY refund:Gearge & Martha's Round & Round 13.95 13.95 124569 06/12/2006 001309 RUSE, PHYLLIS reimb:Scan Natoa Conf S.M., Ca 5/21 163.02 163.02 124570 06/12/2006 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,056.10 1,056.10 124571 06/12/2008 009100 5AN DIEGO GUILD Entertainment:Traveling Art Carnival 6/21 525.00 525.00 124572 06/12/2008 006815 5AN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 124573 06/12/2008 010089 SECURITAS SECURITY SRVCS Mar security srvcs:Redhawk dog prk 2,881.39 2,881.39 USA 124574 06/12/2008 011829 SHELDRAKE, RICHARD SEAN Entertainment:Traveling Art Carnival 6/21 300.00 300.00 124575 06/12/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Sup Pmt LO File # 2007052618 100.00 100.00 124576 06/12/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 6/5/08 231.00 231.00 124577 06/12/2006 012061 SHICK, ROBBIE refund: permit fee overpayment 91.84 91.84 Page:12 apChkLst Final Check List Page: 13 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description Amount Paid Check Total 124578 06/12/2008 009746 SIGNS BY TOMORROW Banners:Children's Museum 352.80 8 x 8 Reclaimed water signs:tcsd 599.65 Banner:'OB Community Services Expa 735.93 Banner:City-wide cleanups 428.81 2,117.19 124579 06/12/2008 011943 SIMPLEX GRINNELL Fire sys analysis:old town proj 1,500.00 1,500.00 124580 06/12/2008 000645 SMART & FINAL INC recreation supplies: csd art show 58.62 misc. supplies:TCC/Father's Day events 141.76 mist supplies:sistertities pgrm 243.87 444.25 124581 06/12/2008 003477 SMITH, BARBARA reimb:Scan Natoa Conf S.M., Ca 5/21 21.75 21.75 124582 06/12/2008 000537 SO CALIF EDISON Jun 2-10-331-2153 TCC 696.36 Jun 2-27-805-3194 Theater 3,488.19 May 2-29-657-2563 various mtrs 127.71 Jun 2-20-798-3248 C. Museum 1,086.44 May 2-02-502-8077 Maint Fac 1,513.19 Jun 2-30-066-2889 Rancho Vista PED 18.08 Jun 2-02-351-5281 CRC 5,396.09 Jun 2-29-479-2981 Temecula Pkwy 107.87 Jun 2-01-202-7330 various mtrs 70,018.11 Jun 2-01-202-7603 arterial st lights 25,962.11 Jun 2-29-974-7899 Ynez Rd LS-3 45.66 Jun 2-29-974-7566 Ynez Rd TC-1 60.77 May 2-05-791-8807 various mtrs 9,663.51 118,386.09 124583 06/12/2008 000519 SOUTH COUNTY PEST CONTROL May pest control services: City Fac's 541.00 ING pest control srvcs:crawne hill 84.00 625.00 124584 06/12/2008 007851 SOUTHCOAST HEATING & AIR HVAC srvcs:theater 425.38 HVAC srvcs:city hall 2,144.69 2,570.07 124585 06/12/2008 000293 STADIUM PIZZA INC rfrshmnts:5katers Challenge 5/31/08 62.48 62.48 124586 06/12/2008 007762 STANDARD INSURANCE Mandatary Life Insurance Payment 11,262.09 11,262.09 COMPANY 124587 06/12/2008 002366 STEAM SUPERIOR CARPET carpet installation srvcs:fire prey 1,017.00 1,017.00 CLEANING 124588 06/12/2008 009937 SUPPLY CACHE, THE fire weather training materials:Fire 966.00 966.00 124589 06/12/2008 008804 SYMPROINC 6/1/OB-5131/09 softwaremaint:finance 4,258.88 4,256.68 Page:13 apChkLst Final Check List 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description 124590 06/12/2008 001547 TEAMSTERS LOCAL 911 Union dues Payment 124591 06/12/2008 008284 TEMECULA VALLEY CHARTER refund:sec. deposit/amphitheater 6/1 SCHOOL 124592 06/12/2008 000316 THORNHILL, GARY Retirement Medical Payment 124593 06/12/2008 000668 TIMMY D PRODUCTIONS INC DJ srvcs & PA rental:csd expo 5/31/08 DJ srvcs:skate park competition 5/31/08 124594 06/12/2008 010526 TUCKER, DON Stage coach:Western Days 5/17-18 6/14-6/20 trolley service:old town 6/7-6/13 trolley service:ald fawn 124595 06/12/2008 011962 TUFF SHED INC storage:fire explorers pgrm 124596 06/12/2008 012050 TURNER, ARVIN refund: prkg cite #64104 overpayment 124597 06/12/2008 004759 TWIN GRAPHICS City vehicle graphics:police units 124598 06/12/2008 011544 U S GREEN BUILDING COUNCIL annual mbrshp dues:M.Harald 124599 06/12/2008 007766 UNDERGROUND SERVICE ALERT May undrgrnd sues alert tickets:PW 124600 06/12/2008 011947 UNIMAX PAINTING 124601 06/12/2008 008517 UNITED SITE SERVICES OF CA, I NC 124602 06/12/2008 000325 UNITED WAY 124603 06/12/2008 004261 VERIZON Res Imp Prgm: Rodgers, Raul 5/22-6/18 fence rental:Main St Bridge United Way Charities Payment May xxx-5509 general usage May xxx-1999 general usage May xxx-4200 general usage May xxx-7530 GI5 Library May xxx-0049 general usage May xxx-8900 GIS Library May xxx-6620 general usage May xxx-5180 795 Irrg Cntr• May xxx-1540 Old Town Prk Lat Amount Paid 5,196.00 150.00 703.00 600.00 475.00 1,300.00 1,157.00 1,157.00 2,723.92 35.00 565.69 500.00 187.50 2,500.00 26.40 69.00 144.47 38.94 2,113.76 443.42 43.84 778.89 32.66 37.06 88.01 Page: 14 Check Total 5,198.00 150.00 703.00 1,075.00 3,614.00 2,723.92 35.00 565.69 500.00 187.50 2,500.00 26.40 69.00 3,721.05 Page:14 apChkLst Final Check List 06/12/2008 6:18:4 DPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFbRNIA (Continued} Check # Date Vendor Description 124604 06/12/2008 004279 VERIZON CALIFORNIA ING. May access-C. Mus.phone line May access-CRC phone line 124605 06/12/2008 004848 VERIZON SELECT SERVICES INC Jun long distance phone svcs 124606 06/12/2008 010245 VILLA, DOLORES Retirement Medical Payment 124607 06/12/2008 012047 WASIELEWSKI, GLORIA refund: prkg cite #62211 dismissed 124608 06/12/2008 000621 WESTERN RIVERSIDE COUNCIL AB 32 wrkshp 7/30/OB S. Brown/D.West OF Amount Paid 658.23 356.16 938.92 585.88 325.00 70.00 124609 06/12/2008 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 63.00 Grand total far UNION BANK OF CALIFbRNIA: Page: 15 Check Total 1,014.39 938.92 585.88 325.00 70.00 63.00 5,574,729.08 Page:15 apChkLst Final Check List Page: 16 D6112/2DD8 6:18:40PM CITY OF TEMECULA 210 checks in this report. Grand Total All Checks: 5,574,729.08 Page:16 ITEM RI~J. 4 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 24, 2008 SUBJECT: Trustee/Fiscal Agent Services for Fiscal Year 2008-09 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council approve the expenditure of $50,615 for annual Trustee/Fiscal Agent services provided by US Bank for the City's Community Facilities Districts, Assessment District, Tax Allocation Bonds, and Certificates of Participation for fiscal year 2008-09. BACKGROUND: The City of Temecula has six existing Community Facilities Districts and one 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) Additionally, the Redevelopment Agency has issued Tax Allocation Bonds and the Temecula Community Services District and the City of Temecula have issued Certificates of Participation. Arbitrage calculations will be performed in the coming year for CFD 03-1 Series A Crowne Hill, CFD 03-3 Wolf Creek, CFD 88-12 Ynez Rd., and AD 03-04 John Warner Bonds. During formation of each of these bond issues, a Fiscal Agent Agreement, Trust Agreement or Indenture of Trust was executed with US Bank to remain in effect for the duration of the financing. Services provided by the Trustee/Fiscal Agent include establishing and holding accounts (such as the special tax fund, improvement fund, reserve fund, and administrative fund), transferring funds between accounts to pay debt service, disbursing funds to the City upon receipt of draw requests, dissemination of annual disclosure information for both the developer and City as bond issuer, and arbitrage monitoring/reporting. FISCAL I MPACT: Funds for the Trustee/Fiscal Agent services are included in the annual special tax levies for each of the Districts. As such, each of the special district funds will have sufficient budget to pay for these services. ATTACHMENTS: US Bank Schedule of Fees for FY 2008-09 US BANK. SCHEDULE OF FEES FOR CITY OF TEMECULA FY 2008-09 FY 2008-09 Estimated Bond Issue Fees CFD No. 03-03 (Wolf Creek) $7,800 CFD No. 03-06 (Harveston II) $3,700 CFD No. 03-02 (Roripaugh} $1,850 CFD No. 01-2 (Harveston I} $3,300 CFD No. 03-1 (Crowne Hill} $5,700 CFD No. 88-12 (Ynez Corridor} $5,300 AD No. 03-04 (John Warner} $3,390 $31, 040 2001 COP $3,850 2002 RDA $3,850 2006 Series A RDA $2,875 2006 Series B RDA $2,900 2007 RDA $2,625 2008 COP $3,475 $19, 575 Total 50,615 ITEM RI~J. 5 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council Genie Roberts, Director of Finance FROM: Glenn Patterson, Fire Chief DATE: June 24, 2008 SUBJECT: Fire/EMS Protection Agreement for Fiscal Year 2008-09 RECOMMENDATION: That the City Council approve the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue service through June 30, 2011. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement to provide fire protection, fire prevention, rescue and medical aid with the County of Riverside. Formalization of this agreement is required every three years to appropriately renew the required contract. The County has provided the City with a schedule of contract staffing costs (Exhibit "A") to the Fire Protection Agreement for City Council approval, which reflects the service costs for fiscal year 2008-09. In addition, the County provided a payment for services additional terms (Exhibit "B") which outlines payment terms. Fiscal year 2008-09 includes a decrease in service costs due to a reduction in estimated staffing rates and support service costs. I n addition, the City has reduced the contract by two fire prevention positions related to plan check and inspection services due to a decline in development activity. One half year of operations for the Roripaugh Fire Station is also included in this fiscal year. FISCAL I MPACT: The budget reduction for this fiscal year is $372,089. Adequate funds have been appropriated in the fiscal year 2008-09 Fire Services budget. ATTACHMENTS: Cooperative Agreement Exhibit "A" Exhibit "B" A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this day of , 2008, by and between the County of Riverside {hereinafter referred to as "COUNTY") and the City of Temecula {hereinafter referred to as "CITY"), whereby it is agreed as follows: SECTION I: PURPOSE The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement {"CAL FIRE Agreement"} with the California Department of Forestry and Fire Protection {"CAL FIRE"} to provide CITY with fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists {hereinafter called "Fire Services"}. This Agreement is entered into pursuant to the authority granted by Government Cade Sections 55603, 55603.5, 55606, 55632 and 55642, and will provide a unified, cooperative, integrated, and effective fire services system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement. SECTION II: DESIGNATION OF FIRE CHIEF A. The County Fire Chief appointed by the Board of Supervisors, or his designee, {hereinafter referred to as "CHIEF"} shall represent COUNTY and CITY during the period of this Agreement and CHIEF shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services. B. CITY shall appoint the CHIEF referred to in paragraph A of this Section, to be the designated City Fire Chief. The City Fire Chief, in consultation with the CITY, may delegate certain authority to a City Representative, as the CHIEF's duly authorized designee. The City Representative shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit "A". C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. Cooperative Fire Agreement City of Temecula July 1, 2008 to June 30, 2011 1 of 7 SECTION III: PAYMENT FOR SERVICES A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit "A." This Exhibit may be amended in writing by mutual agreement by both parties in the event of an increase of salary or expenses or when CITY requests an increase in services. 1. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." There shall be no obligation on the part of CITY to expend or appropriate any sum in excess of Exhibit "A" which exceeds the yearly appropriation of CITY for the purposes of this Agreement. If within thirty {30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CAL FIRE or other public agency will exceed the total amount specified therein, and CITY has failed to agree to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. Personnel reductions resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Exhibit "A" to this Agreement shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described herein, such increase shall be accomplished by an amendment to Exhibit "A" and approved by the parties hereto. 2. In the event CITY requests an increase in services and paragraph A.1. of this Section is not applicable, an amendment to Exhibit "A" may be approved by the parties hereto. B. COUNTY provides fire personnel, equipment and services through its CAL FIRE Agreement. In the event CITY desires a reduction in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit "A," when paragraph A.1. of this Section is not applicable, CITY shall provide one hundred twenty (120} days written notice of the requested reduction. Proper notification shall include the following: {1) The total amount of reduction; (2} The effective date of the reduction; and (3) The number of employees, by classification, affected by the proposed reduction. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the reduction, in addition to any other remedies available resulting from the reduction in services. C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement in an amount not to exceed that set forth in Exhibit "A," as amended. COUNTY shall make a claim to CITY for the actual cost of contracted services, Cooperative Fire Agreement City of Temecula July 1, 2008 to June 30, 2011 2of7 pursuant to Exhibit "A," on a quarterly basis. CITY shall pay each claim within thirty (30} days after receipt thereof. D. CHIEF may be authorized to negotiate and execute any amendments to Exhibit "A" of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY designates the City Manager as the "Contract Administrator" who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit "A" on behalf of CITY. E. [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. F. [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "C" are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement. In the event that a fire engine which was initially purchased by the CITY and then the CITY elects to have the COUNTY take responsibility of said fire engines}, the following will apply. The COUNTY will be responsible far maintaining and repairing said fire engines}. The insurance responsibility will be dependant upon the CITY'S option to maintain or transfer title of said fire engines}. G. Notwithstanding Paragraph F herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding payment of services. In the event that fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire CHIEF may allow use of a COUNTY fire engine, free of charge up to one hundred twenty {120} days. After the initial one hundred twenty {120} days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Nine Hundred Forty Four Dollars ($944.00} per day, ar Six Thousand Six Hundred Eight Dollars {$6,608.00} per week. SECTION IV: INITIAL TERM AND RENEWAL A. The term of this Agreement shall be from July 1, 2008, to June 30, 2011. Either party to this Agreement may choose to not renew this Agreement by providing a written notice to the other party hereto no less than one {1 }year prior to the expiration of the term hereof. If COUNTY is the party providing written notice to the City and it is not due to actions of CAL FIRE or CITY, COUNTY agrees to continue to provide Fire Services to CITY until such time as CITY has a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement end prior to June 30, 2010. B. One {1 }year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new agreement with COUNTY for Fire Services and, if so, whether CITY intends to change the level of Fire Services from that provided by this Agreement. Cooperative Fire Agreement City of Temecula July 1, 2008 to June 30, 2011 3of7 C. If CITY fails to provide such notice, as defined in paragraph B above, COUNTY shall have the option to extend this Agreement for a period of up to one (1) year from the original termination date and to continue providing services at the same or reduced level as COUNTY determines would be appropriate during the extended period of this Agreement. Six (6} months prior to the date of expiration of this Agreement, COUNTY shall give written notice to CITY of any extension of this Agreement and any changes in the level of Fire Services COUNTY will provide during the extended period of this Agreement. Services provided and obligations incurred by COUNTY during an extended period shall be accepted by CITY as services and obligations under the terms of this Agreement. D. The cost of services provided by COUNTY during the extended period shall be based upon the amounts that would have been charged to CITY during the fiscal year in which the extended period falls, had a new agreement been entered into. Payment by CITY for services rendered by COUNTY during the extended period shall be provided as set forth in Exhibit "A," as amended. SECTION V: TERMINATION Every contract between a county and a city that provides for the furnishing of fire protection services by the county to the city, except a contract to render assistance whenever a fire occurs within the limits of a city of when it cannot be adequately handled by the fire department of the city, shall be far a term of at least one year. Neither the county nor the city shall have the power to abrogate that contract during the term of the contract. This Agreement may, however, be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5. SECTION VI: COOPERATIVE OPERATIONS All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. SECTION VII: MUTUAL AID When rendering mutual aid or assistance as authorized in Health and Safety Code Sections 13050 and 13054, COUNTY shall, at the written request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel as funded herein, under authority given by Health and Safety Code Sections 13051 and 13054. COUNTY, in seeking said reimbursement, will represent the CITY in following the procedures set forth in Health and Safety Code Section 13052. Any recovery of CITY costs, less extraordinary collection expenses, will be credited to the CITY. Cooperative Fire Agreement City of Temecula July 1, 2008 to June 30, 2011 4of7 SECTION VIII: SUPPRESSION COST RECOVERY As provided in Health and Safety Code Section 13009, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may, an request of CITY, bring such an action for collection of costs incurred by CITY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion to CITY its pro-rata proportion of recovery, less the reasonable pro-rata costs including legal fees. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Section 13009 to the officer designated by CITY. SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the County Fire Department for the segregation, care, and use of the respective property of each. SECTION X: INDEMNIFICATION A. COUNTY, to the extent permitted by law, agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies in connection with any activities under this Agreement; and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by COUNTY in the performance of any activities under this Agreement, except where such injury or damage arose from the sole negligence ar willful misconduct attributable to CITY or from acts not within the scope of duties to be performed pursuant to this Agreement. B. CITY, to the extent permitted by law, agrees to indemnify, defend and hold harmless COUNTY, its officers, agents and employees from any and all claims for economic losses accruing ar resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies in connection with any activities under this Agreement; and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CITY in the performance of any activities under this Agreement, except where such injury ar damage arose from the sole negligence or willful misconduct attributable to COUNTY or from acts not within the scope of duties to be performed pursuant to this Agreement. Cooperative Fire Agreement City of Temecula July 1, 2008 to June 30, 2011 5of7 SECTION XI: AUDIT COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3} years after final payment, unless a longer period of records retention is stipulated, and to allow the auditors} access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. SECTION XII: DISPUTES CITY designates the City Manager as the "Contract Administrator" who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITY conflicts or has the potential to conflict with COUNTY interest or policy. Within three days of making such a determination that an actual or potential conflict exists, the Chief shall meet and confer with COUNTY, ascertain the identity of COUNTY's "Contract Administrator", and communicate that identification to CITY. Any dispute concerning a question of fact arising under the terms of this Agreement that is not resolved, within ten days of the Chief's original determination of an actual or potential conflict, shall be brought to the attention of the Contract Administrators. Any dispute that cannot be resolved by CITY and COUNTY Contract Administrators shall be subject to arbitration. If arbitration fails to resolve said dispute or any portion thereof, the appropriate court in the State of California shall have jurisdiction over the parties in any action at law that relating to the subject matter or the interpretation of this Agreement. SECTION XIII: ATTORNEY'S FEES If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through arbitration and/or litigation, in addition to all other remedies available. In the event of arbitration or litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and as a part of the judgment rendered in such arbitration and litigation. Cooperative Fire Agreement City of Temecula July 1, 2008 to June 30, 2011 6of7 SECTION XIV: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92570 CITY OF TEMECULA City Manager Post Office Box 9033 Temecula, CA 92589-9033 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. SECTION XV: ENTIRE CONTRACT This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended ar modified upon the mutual written consent of the parties hereto. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. 111 111 111 [Signature Provisions on following page] Cooperative Fire Agreement City of Temecula July 1, 2008 to June 30, 2011 7of7 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC City Clerk (SEAL} Dated: ATTEST: NANCY ROMERO Clerk of the Board By: Deputy (SEAL) APPROVED AS TO FORM: Peter M. Thorson City Attorney COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors APPROVED AS TO FORM: SYNTHIA M. GUNZEL Deputy County Counsel for JOE S. RANK County Counsel H:\COOPRGREEMENTS-LEASES-MOU'S\CONTRACT CITIES\TEMECULA -CONTRACT CITY\TEMECULA Cooperative Agreement 070108-063011.051308.doc Cooperative Fire Agreement City of Temecula July 1, 2008 to June 30, 2011 8of7 EXHIPIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED MAY 16, 200 FOR FY OS/09 CAPTAIN FAE FF II CAPTAIN ENGINEERS FF II's MEDIC MEDIC MEDIC TOTAL ------------ STA. #12 301,117 2 ------------ 259, 533 2 ------------ 223, 909 2 ------------ - ----------- ------------ 255, 934 2 ------------ 1, 040, 492 8 STA. #73 301,117 2 129, 766 1 223, 909 2 145, 512 1 255, 934 2 1, 056, 238 8 (Truck Co.) 451,675 s 389,299 3 335,863 3 383,901 3 1,560,738 12 STA. #84 301,117 2 259, 533 2 223, 909 2 167, 478 1 255, 934 2 1, 207, 970 9 (Rel iefl 301,117 2 129, 766 1 335, 863 3 436, 537 3 255, 934 2 1, 459, 217 11 STA. #92 301,117 2 129, 766 1 223, 909 2 145, 512 1 255, 934 2 1, 056, 238 8 STA #95 Jan-June 150, 558 2 129, 766 2 111, 954 2 _ _ 127, 967 2 520, 246 8 15 12 16 1 5 i5 SUBTOTAL STATION COSTS 7,901,140 64 FIRE ENGINE U SE AGREEMENT 16,050 each engine 80,250 5 DIVISION CHIEF^ 208,139 each 104,069 0.5 BATTALION CHIEF & FIRE MARSHAL/BC 208,139 each 416,277 2 FIRE SAFETY SUPERVISORS 114,154 each 114,154 1 FIRE SAFETY SPECIALIST 103,023 each 206,046 2 FIRE SYSTEMS INSPECTOR 89,171 each 267,513 3 TOTAL STA FF COUNT ~s SUPPORT SERVICES Administrative/Operational Volunteer Program Medic Program Fleet Support ECC Support CommllT Support SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES TOTAL ESTIMATED CITY BUDGET * TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET *TAX CREDIT: FI RE TAXES REDEV.TAXES TOTAL ^ Division Chief is split funded with County 37119 6,551,236 844, 578 7, 395, 815 Exhibit "A" CITY OF TEMECULA Page 1 of 6 15,834 per assigned Staff ** 9,666 per Volunteer Co. 11,703 per assigned Medics 37,287 per Fire Suppression Equip Calls/Station Basis Calls/Station Basis 989, 625 62.5 9, 666 1 234,060 20 205, 079 5.5 216, 030 361,852 2,016,311 80,000 11,185, 761 (7, 395, 815) 3, 789, 946 PROGRAMMED SAVINGS (300,000) TOTAL EST CITY BUDGET 3,489,946 SUPPORT SERVICES Administrative & Operational Services Finance Public Affairs Training Procurement Data Processing Emergency Services Accounting Fire Fighting Equip. Personnel Office SuppliesiEquip. ** 58.5 Assigned Staff July-Dec 6&.5 Assigned Staff Jan-June 62.5 Total Assigned Staff ratioed 4.5o Fire Stations 5,s3t Number of Calls Volunteer Program -Support staff, Workers Comp, and Personal Liability Insurance Medic Program -Support staff, Training, Certification, Case Review& Reporting Fleet Support -Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support -Dispatch services costs Communications 1 IT Support -Support staff, communications, radio maintenance, computer support functions Exhibit "A" CITY OF TEMECULA Page 2 of 6 EXHIPIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED APRIL 22, 2008 FOR FY 08 j09 CAPTAIN FAE FF II CAPTAIN ENGINEERS FF II's MEDIC MEDIC MEDIC TOTAL ------------ STA. #12 301,117 2 ------------ 259, 533 2 ------------ 223, 909 2 ------------ - ----------- ------------ 255, 934 2 ------------ 1, 040, 492 8 STA. #73 301,117 2 129, 766 1 223, 909 2 145, 512 1 255, 934 2 1, 056, 238 8 (Truck Co.} 451,675 s 389,299 3 335,863 3 383,901 3 1,560,738 12 STA. #84 301,117 2 259, 533 2 223, 909 2 167, 478 1 255, 934 2 1, 207, 970 9 (Relief} 301,117 2 129, 766 1 335, 863 3 436, 537 3 255, 934 2 1, 459, 217 11 STA. #92 301,117 2 129, 766 1 223, 909 2 145, 512 1 255, 934 2 1, 056, 238 8 STA #95 Jan-June 150, 558 2 129, 766 2 111, 954 2 _ _ 127, 967 2 520, 246 8 15 12 16 1 5 i5 SUBTOTAL STATION COSTS 7,901,140 64 FIRE ENGINE U SE AGREEMENT 16,050 each engine 80,250 5 DIVISION CHIEF^ 208,139 each 104,069 0.5 BATTALION CHIEF & FIRE MARSHAL/BC 208,139 each 416,277 2 FIRE SAFETY SUPERVISORS 114,154 each 114,154 1 FIRE SAFETY SPECIALIST 103,023 each 309,069 3 FIRE SYSTEMS INSPECTOR 89,171 each 356,684 4 TOTAL STA FF COUNT 75 SUPPORT SERVICES Administrative/Operational Volunteer Program Medic Program Fleet Support ECC Support CommllT Support SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES TOTAL ESTIMATED CITY BUDGET *TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET *TAX CREDIT: FI RE TAXES REDEV.TAXES TOTAL "Division Chief is split funded with County 37119 6,631,084 844,578 7,475,663 Exhibit "A" CITY OF TEMECULA Page 3 of 6 15,834 per assigned Staff ** 9,666 per Volunteer Co. 11,703 per assigned Medics 37,287 per Fire Suppression Equip Calls/Station Basis Calls/Station Basis 989, 625 62.5 9, 666 1 234,060 20 205, 079 5.5 216, 030 361,852 2,016,311 52,634 11, 350, 589 (7, 475, 663} 3, 874, 926 SUPPORT SERVICES Administrative & Operational Services Finance Public Affairs Training Procurement Data Processing Emergency Services Accounting Fire Fighting Equip. Personnel Office SuppliesiEquip. ** 58.5 Assigned Staff July-Dec 6&.5 Assigned Staff Jan-June 62.5 Total Assigned Staff ratioed 4.5o Fire Stations 5,s3t Number of Calls Volunteer Program -Support staff, Workers Comp, and Personal Liability Insurance Medic Program -Support staff, Training, Certification, Case Review& Reporting Fleet Support -Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support -Dispatch services costs Communications 1 IT Support -Support staff, communications, radio maintenance, computer support functions Exhibit "A" CITY OF TEMECULA Page 4 of 6 EXHIPIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED APRIL 22, 2008 FOR FY 08 j09 CAPTAIN FAE FF II CAPTAIN ENGINEERS FF II's MEDIC MEDIC MEDIC TOTAL ------------ STA. #12 301,117 2 ------------ 259, 533 2 ------------ 223, 909 2 ------------ - ----------- ------------ 255, 934 2 ------------ 1, 040, 492 8 STA. #73 301,117 2 129, 766 1 223, 909 2 145, 512 1 255, 934 2 1, 056, 238 8 (Truck Co.) 451,675 s 389,299 3 335,863 3 383,901 3 1,560,738 12 STA. #84 301,117 2 259, 533 2 223, 909 2 167, 478 1 255, 934 2 1, 207, 970 9 (Rel iefl 301,117 2 129, 766 1 335, 863 3 436, 537 3 255, 934 2 1, 459, 217 11 STA. #92 301,117 2 129, 766 1 223, 909 2 145, 512 1 255, 934 2 1, 056, 238 8 STA #95 Jan-June 150, 558 2 129, 766 2 111, 954 2 _ _ 127, 967 2 520, 246 8 15 12 16 1 5 i5 SUBTOTAL STATION COSTS 7,901,140 64 FIRE ENGINE U SE AGREEMENT 16,050 each engine 80,250 5 DIVISION CHIEF^ 208,139 each 104,069 0.5 BATTALION CHIEF & FIRE MARSHAL/BC 208,139 each 416,277 2 FIRE SAFETY SUPERVISORS 114,154 each 114,154 1 FIRE SAFETY SPECIALIST 103,023 each 309,069 3 FIRE SYSTEMS INSPECTOR 89,171 each 356,684 4 TOTAL STA FF COUNT 75 SUPPORT SERVICES Administrative/Operational Volunteer Program Medic Program Fleet Support ECC Support CommllT Support SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES TOTAL ESTIMATED CITY BUDGET *TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET *TAX CREDIT: FI RE TAXES REDEV.TAXES TOTAL "Division Chief is split funded with County 37119 7,013,647 884,796 7,898,443 Exhibit "A" CITY OF TEMECULA Page 5 of 6 15,834 per assigned Staff ** 9,666 per Volunteer Co. 11,703 per assigned Medics 37,287 per Fire Suppression Equip Calls/Station Basis Calls/Station Basis 989, 625 62.5 9, 666 1 234,060 20 205, 079 5.5 216, 030 361,852 2,016,311 52,634 11, 350, 589 (7, 898, 443) 3, 452,145 SUPPORT SERVICES Administrative & Operational Services Finance Public Affairs Training Procurement Data Processing Emergency Services Accounting Fire Fighting Equip. Personnel Office SuppliesiEquip. ** 58.5 Assigned Staff July-Dec 6&.5 Assigned Staff Jan-June 62.5 Total Assigned Staff ratioed 4.5o Fire Stations 5,s3t Number of Calls Volunteer Program -Support staff, Workers Comp, and Personal Liability Insurance Medic Program -Support staff, Training, Certification, Case Review& Reporting Fleet Support -Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support -Dispatch services costs Communications 1 IT Support -Support staff, communications, radio maintenance, computer support functions Exhibit "A" CITY OF TEMECULA Page 6 of 6 EXHIBIT "B" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA DATED , 2008 PAYMENT FOR SERVICES ADDITIONAL TERMS COUNTY shall make a claim to CITY for the actual cost of contracted services as shown on Exhibit "A" during each of the following periods: (1 }July 1 through September 30, claim in October; (2} Octaber 1 through December 31, claim in January; (3} January 1 through March 31, claim in April; and (4} April 1 through June 30, claim in July The claims shall be for 25°~ of the estimated support services costs after any deduction for fire taxes, with final reconciliation to actual costs resulting in an additional claim or refund to CITY, the subsequent quarter with the final reconciliation in August. CITY shall pay each claim within 30 days after receipt thereof. COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY to be collected in each fiscal year of this Agreement. The allowed credit shall be applied in quarterly increments not to exceed the cost of contracted services. Exhibit "B" CITY OF TEMECULA ITEM RI~J. 6 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: June 24, 2008 SUBJECT: Fourth Amendment to Agreement for Law Enforcement Services PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council approve the Fourth Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include converting one Patrol Officer to a K9 Handler, converting three Community Policing Team Officers to Mall Officers, and converting seven Community Policing Team Officers to Special Enforcement Team Officers. BACKGROUND: The City of Temecula has contracted with the County of Riverside Sheriff's Department for law enforcement services since incorporation. On June 28, 2005, the City Council approved the existing five-year contract for law enforcement services with the County of Riverside. The following subsequent amendments to the contract have been approved by the Council, bringing the total number of sworn officers to 111. June 27, 2006 1St Amendment Added an additional Patrol Officer and four CSO II's February 27, 2007 2n Amendment Added an additional dedicated Lieutenant to serve as a City Patrol Commander, and reclassified one CSO II position as a CSO I August 28, 2007 3~ Amendment Added five Patrol Officers, one unsupported Gang Task Force Officer, two dedicated Sergeants, two Community Service Officer II (CSO II) positions, and one Community Service Officer I (CSO I) position The Fourth Amendment will reclassify one Patrol Officer to a dedicated K9 Handler. Currently the City of Temecula employs one Officer working in the capacity of K9 Officer, working four 10 hour shifts per week. Adding an additional K9 Handlerwill allow for coverage by K9s seven days a week. In addition, converting Community Policing Team Officers to Special Enforcement Team Officers will ensure that the contract reflects the Police Department's current operational structure. As this amendment does not add additional sworn Officers, the total number of sworn Officers remains at 111. With the increase in population in Temecula, this results in a sworn Officer ratio of one Officer for every 910 residents. FISCAL IMPACT: The annual cost increase associated with the staff conversions, as well as contract rate increases is $1,099,719. Adequate funds exist in the 2008-2009 Police Department Operating Budget to meet this cost. ATTACHMENTS: Fourth Amendment to Agreement far Law Enforcement Services between County of Riverside and City of Temecula. ~~ ~ } ~,_ /~ 3 FOURTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, approved by the Board of Supervisors on July 26, 2005, for services effecfive July 1, 2005 through June 30, 2010, as amended August 1, 2006, April 17, 2007 and October 2, 2007, is hereby amended in the following respects only: T. ATTACHMENT A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 195.0 supported hours per day. (Approximate equivalent of forty (40) Deputy Sheriff positions @ 1,780 annual productive hours per position standard:) Dedicated Positions Two (2) Sheriff s Lieutenant positions Three and One-Half (3.5) Sheriff s Sergeant positions Nine (9) Deputy Sheriff (fully supported) positions-Special Enforcement Team Three (3) Deputy Sheriff (fully supported) positions- Mall Officers Eighteen (18) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team Two (2) Deputy Sheriff (fully supported) positions-K-9 Deputies .One (1) Deputy Sheriff (unsupported) position-Gang Task Force One (1) Deputy Sheriff (fully supported) position-Southwest Corridor Task Force 1 Four (4) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round) Eighteen (18) Community Service Officer II positions Three (3) Community Service Officer I positions 2. The Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, shall remain in full force and effect and enforceable for all purposes except for the revisions set forth in the First Amendment, Second Amendment, Third Amendment and this Fourth Amendment. IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Boazd, all on the dates indicated below. CITY OF TEMECULA Dated: ATTEST: Name Title By: By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney COUNTY OF RIVERSIDE Dated: ATTEST: Nancy Romero Clerk of the Board By: Deputy Chairman, Boazd of Supervisors BORM~R~ COL/UN}l'1CO~UNS,FL~~ ~~ SYN HIA M. GUNZEL DATE 2 ITEM RI~J. 7 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 24, 2008 SUBJECT: Cooperation Agreement for Community Development Block Grant (CDBG) Funds for Fiscal Years 2010-12 PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: Authorize the City Manager to execute the Cooperation Agreement for Community Development Block Grants Funds for Fiscal Year 2010-12; 2. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009-10, 2010- 11, 2011-12, AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BACKGROUND: The CDBG Program is a Federal Grant Program administered by the Department of Housing and Urban Development (HUD), in which funding is allocated to the City of Temecula annually through the Economic Development Agency of Riverside County (EDA). The CDBG funds may be used for the support of activities that provide affordable housing and suitable living environments and expanded economic opportunities principally for persons of low and moderate income. This is the standard Agreement similar to the one the City of Temecula entered into in 2005. The CDBG Regulations require counties to re-qualify as an urban county under the CDBG Program every three years; therefore, the execution of this Agreement is necessary to include the City of Temecula as a participating unit in the County of Riverside's CDBG Program. Participation in the Urban County Program makes the City eligible for the same kind of CDBG funding it has received in the previous years. It is estimated that CDBG funding levels administered by the County during this Cooperation Agreement will be between $350,000 and $400,000, annually. The City's CDBG funding level for fiscal year 2008-09 is $411,688, and is programmed to fund seven public service organizations and two of the City's capital improvement construction projects. Staff is recommending that the City of Temecula participate in this Program. The primary reason for this recommendation is the administrative support the City receives from the EDA, and the factthat the City is able to bank multiple years of CDBG funds in the Riverside County pool. This allows the Citytosave several years of CDBG funds and to program these resources on largercapital projects. The City's funding level over the next several years is anticipated to remain consistent with recent prior year funding levels. Also, if needed, the EDA has expressed concurrence with advancing CDBG funding to support larger capital projects. This kind of support and service is not so easily attainable when dealing directly with HUD's State CDBG Program. The City is currently receiving CDBG funding from the Riverside County Economic Development Agency under an agreement that expires on June 30, 2009. In order to facilitate CDBG funding for the City beginning in July 1, 2009 through June 30, 2012, it is necessary, at this time, to execute the County's Cooperation Agreement and pass the resolution. This allows sufficient time forthe County to prepare and submit to HUD all reports and statements required by Federal regulations to secure future HUD funding through this Cooperation Agreement. FISCAL IMPACT: The CDBG funds allocated to outside agencies have no impact an the City of Temecula, other than staff time needed to administer program requirements. ATTACHMENTS: Resolution No. 08- Cooperation Agreementforthe Community Development Black Grant and Home Investment Partnership Program Funds for Fiscal Years 2009-10, 2010-11, 2011-12 RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009-10, 2010-11, 2011-12, AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Cooperating Cities in Riverside County including the City of Temecula have elected to continue to participate as cooperating cities with the Urban County of Riverside County for Feral Fiscal Years 2009-2011. Section 2. The standard three-year cooperation agreements have been revised to incorporate recent changes in the federal legislation and regulations. Section 3. The three year cooperation agreements will allow the cooperating cities to carry out activities which are funded by the Community Development Block Grant funds. Section 4. The three year cooperation agreement will allow the cooperating cities to participate in the Urban County Consolidation Planning Programs. Section 5. It resolved, found and determined by the City Council of the City of Temecula sitting in regular session on June 24, 2008, that A. The standard three year cooperation agreement with cooperating cities is hereby approved; and, B. Upon execution of each three year cooperation agreement by each Cooperating City, the Chairman of the Board of Supervisors will execute each agreement on behalf of the City, and each said agreement shall be effective on the date the Chairman executes each agreement. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009-10, 2010-11, 2011-12 This Cooperation Agreement hereinafter referred to as "Agreement" is made and entered into this day of 2008, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and City of Temecula an incorporated ~ municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY," who together are sometimes referred to herein individually as "Party" or collectively as the "Parties." RECITALS WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93-383), hereinafter called "ACT", provides that Community Development Block Grant, funds hereinafter referred to as "CDBG", may be used for the support of activities that provide decent housing, suitable living environments, and expanded economic opportunities principally for persons of low and moderate- income; and WHEREAS, the HOME program, authorized by the HOME Investment Partnerships Act (HOME), was enacted as Title II of the National Affordable Housing Act of 1990, has as its purposes to: expand the supply of decent, affordable housing for low and very-low income families with emphasis on rental housing; build State and local capacity to carry out affordable housing programs; and provide for coordinated assistance to participants in the development of affordable low-income housing; and WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under the CDBG program every three years; and WHEREAS, the execution of this Agreement is necessary to include CITY as a participating unit of general government under COUNTY'S Urban County CDBG and HOME program. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree as follows: Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 1 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. GENERAL. This Agreement gives COUNTY authority to undertake, or assist in undertaking, activities for Fiscal Years 2009-10, 2010-11, and 2011-12, that will be funded from the CDBG program, the HOME Investment Partnership program, and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in ~ undertaking, community renewal and lower-income housing assistance activities. COUNTY is qualified ~ as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County Community Development Block Grant program, hereinafter referred to as "CDBG programs". By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County's CDBG program and that CITY may only participate in the HOME program through the COUNTY'S Urban County program, not a consortium. 2. TERM. The term of this Agreement shall be for three (3) years commencing on July 1, 2009, and extending through the federal fiscal years 2009-2012, which ends June 30, 2012, unless an earlier date of termination is fixed by U.S. Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT. This Agreement will be automatically renewed for participation in successive three-year qualification periods, unless the COUNTY or the CITY provides written notice to the other Party that it elects not to participate in the next three-year Urban County program. COUNTY will notify CITY of CITY's right not to participate in the next three-year period no later than the date specified by HUD in the Urban County Qualification Notice. CITY shall notify COUNTY no later than the date specified in COUNTY's notification that CITY elects not to participate in the next three-year Urban County Program. COUNTY will send copies of all notifications required by this Paragraph to the HUD Field Office. The terms of this Agreement shall remain in effect until the CDBG (and HOME, where applicable) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. Furthermore, neither the COUNTY nor the CITY may terminate or withdraw from this Agreement while it remains in effect. Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 2 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '~ 25 ~~ 26 27 28 3. PREPARATION OF FEDERALLY REQUIRED FUNDING APPLICATIONS. The Riverside County Economic Development Agency, subject to approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting to HUD, in a timely manner, all reports and statements required by the ACT and the Federal regulations promulgated by HUD to secure entitlement grant funding under the CDBG and HOME program. This duty shall include the preparation and processing of COUNTY Housing, Community, and Economic Development Needs Identification Report, Citizen Participation Plan, the County Five-Year Consolidated Plan, One-Year Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and other related programs which satisfy the application requirements of ACT and its regulations. 4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND ~ OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES. (a) COUNTY and CITY will comply with the applicable provisions of the ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may'. hereafter be amended. The COUNTY and CITY will take all actions necessary to assure compliance with i COUNTY's certifications required by Section 104 (b) of Title I of ACT. COUNTY and CITY will comply with the provisions of the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968; and Title 24 Code of Federal Regulations part 570; the Fair Housing Act; Cranston-Gonzales National Affordable housing Act (Public Law 101-625); Section 109 Title I of the Housing and Community Development Act of 1974 (42 U.S.C.§5309); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et. seq.); and other federal or state statute or regulation applicable to the use of CDBG or HOME Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990) funds. (b) CITY agrees that CDBG funding for activities in, or in support of, CITY are ~ prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to comply with its fair housing certification. (c) CITY and COUNTY shall meet the citizen participation requirements of 24 CFR 570.301 and provide Riverside County citizens with all of the following: Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 3 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. The estimate of the amount of CDBG funds proposed to be used for ~ activities that will benefit persons of low and moderate-income; ii. A plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; iii. A plan that provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate-incomes, residents of slum and blighted areas, and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate-income neighborhoods; iv. Reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; v. Provide for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance. Meeting shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the disabled. (d) CITY shall develop a community development plan, for the period of this Agreement, which identifies community development and housing needs and specifies both short and long-term community development objectives. (e) CITY certifies, to the best of its knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on ~ behalf of the CITY, to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,' continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 4 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of ~ Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned ~ shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance ~ with its instructions. iii. The CITY shall require that the language provided in Section 4(e)(i) and ~ (ii) of this Agreement be included in the award documents for all sub-awards at all tiers (including ~ subcontracts, sub- grants and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly. This certification is a material representation of fact ~ upon which reliance was placed when this transaction was made or entered into. (f) In accordance with Section 519 of Public Law 101-144, (the 1990 HUD Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is enforcing applicable State and local laws against physically barring entrance to, or exit from, a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES. The COUNTY's Board of Supervisors have adopted policies and procedures to ensure efficient and effective administration of the CDBG and HOME programs. COUNTY will provide these policies and procedures to CITY within a reasonable time after this Agreement's commencement date. COUNTY and City agree to comply with these said policies and program objectives. 6. OTHER AGREEMENTS. Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable to sub-recipients, including the requirement of a written agreement set forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion of said project(s) and any funding sources, in addition to entitlement funds, that will be used in completing the project(s). If substantial compliance with the completion schedule, due to Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 5 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~, 24 25 26 27 28 ~ unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the project(s) may ~ ~ be extended by COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be reprogrammed by COUNTY, to other activities as determined by COUNTY, after COUNTY provides appropriate written notice to CITY. COUNTY'S decision not to extend the ~ completion schedule associated with the project(s), or to reprogram the entitlement funds associated with ~ the project(s), will not excuse CITY from complying with terms of this Agreement. 7. DETERMINATION OF PROJECTS TO BE FUNDED AND DISTRIBUTION ~ ~ OF ENTITLEMENT FUNDS. CITY agrees to submit to COUNTY, no later than the date specified by COUNTY prior ~ to each program year, the activities that the CITY desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provisions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Economic Development Agency to determine that the projects are eligible under federal regulations for funding and inclusion in the One Year Action Plan of the County's Five-Year Consolidated Plan and consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds. Consistent with Paragraphs 3, 4, 5, 6, and 7 of this Agreement, COUNTY'S Board of Supervisors will make the final determination of the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act. 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. CITY warrants that those officers, employees, and agents, retained by it and responsible for implementing projects funded with CDBG have received, reviewed, and will follow the Community Development Block Grant Manual that has been prepared and amended by COUNTY, and by this reference, said Manual is incorporated herein and made a part hereof. 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED ~ WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the National Environmental Policy Act of 1969 (42 U.S.C. §§4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code §§21000, et Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 6 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 25 26 27 28 seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4630, et seq.), and the California Government Code Sections 7260 et seq., as those Acts may be amended from time-to-time and any Federal or state regulations issued to implement the aforementioned ~ laws. In addition, the following is to occur: (a) Title to the real property shall vest in CITY; (b) The real property title will be held by or the constructed facility will be maintained by the CITY for the approved use until five years after the date that the project is reported as "Completed" within the annual Consolidated Annual Performance and Evaluation Report. (c) While held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally approved by COUNTY; (d) CITY shall provide timely notice to COUNTY of any action which would result in a modification or change in the use of the real property purchased or improved, in whole or in part, with CDBG or HOME funds from that planned at the time of acquisition or improvement, including disposition. (e) CITY shall provide timely notice to citizens and opportunity to comment on any proposed modification or change; (f) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with federal regulations governing CDBG funds; (g) Should CITY desire during the five (5) year period to use the real property or the constructed facility for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then: (i) If CITY desires to retain title, it will have to reimburse either COUNTY or the Federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised to when the property was acquired or the facility was constructed; (ii) If CITY sells the property or facility, or is required to sell the property or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the monies paid to Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 7 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE OF ~ CDBG FUNDS. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CTTY may not retain any program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation. The COUNTY is required by HUD to monitor and report the receipt and use of all program income. CITY is required to track, monitor, and report any and all program income as requested by COUNTY. 11. TERMINATION. Except as provided for in Paragraph 2, CITY and COUNTY cannot terminate or withdraw from this Agreement while it remains in effect. 12. FORMER AGREEMENTS UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY. All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975-76 through 2007-2008, and any Supplemental Agreements there under, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling. 13. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 8 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 activities undertaken by CITY under the program(s) fail to comply with any laws, regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. 14. COMPLIANCE WITH LAWS AND REGULATIONS. By executing this Agreement, the Parties hereby certify that they will adhere to and comply with all federal, state and local laws, regulations and ordinances. 15. ENTIRE AGREEMENT. It is expressly agreed that this Agreement embodies the entire agreement of the Parties in relation to the subject matter hereof, and that no other agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the Parties at the time of execution. 16. SEVERABILITY. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect. 17. ASSIGNMENT. The Parties will not make any sale, assignment, conveyance or lease of any trust or power, or transfer in any other form with respect to this Agreement, without prior written approval of the other Party. 18. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 19. WAIVER. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 9 of 12 1 2 3 4 5 6 7 8 9 10 11' 12 I 13 14 15 16 17 18 19 20 21 ', 22 23 24 25 26 27 28 other Party with the terms of this Agreement thereafter. 20. JURISDICTION AND VENUE. Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the consolidated Courts of Riverside County, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction 21. AMENDMENTS No change, amendment or modification to the Agreement shall be valid or binding upon CITY or COUNTY unless such change, amendment or modification is in writing and duly executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to incorporate changes required by HUD as set forth in the Urban County Qualification Notice. Amendments must be submitted to HUD as provided in the Urban County Qualification Notice and failure to do so will void the automatic renewal for such qualification period. 22. AUTHORITY TO EXECUTE. The persons executing this Agreement or exhibits attached hereto on behalf of the Parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind the respective Parties to this Agreement to the performance of its obligations hereunder. 23. INCORPORATION OF RECITALS The Parties hereby affirm the facts set forth in the recitals above. Said recitals are incorporated herein and made an operative part of this Agreement. SIGNATURES ON FOLLOWING PAGE Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 10 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 ' 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the COUNTY and CITY have executed this Agreement on the date' shown below. ATTEST: Nancy Romero Clerk of the Board By: ATTEST: By: City Clerk COUNTY OF RIVERSIDE By: Roy Wilson, Chairman Board of Supervisors Date: CITY OF TEMECULA By: Mayor Date: Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 11 of 12 1 2 3 4 5 6 7 8 9 10 11 12 i 13 I~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY COUNSEL CERTIFICATION The Office of County Counsel hereby certifies that the terms and provisions of this Agreement are fully-authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities specifically urban renewal and publicly assisted housing. Joe S. Rank County Counsel By: Deputy, Michelle Clack S:\CDBG\Urban County Program\COOP Agreements 2009-2012 Cooperation Agreement For Community Development Block Grant and HOME Funds 2009-2012 Page 12 of 12 ITEM RI~J. S Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: June 24, 2008 SUBJECT: Agreement for State Lobbyist PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council approve a three year contractforState lobbying services with Ellison Wilson Group, LLC in an annual amount of $42,000. BACKGROUND: On June 28, 2005, the City Council approved a 3-year contract for State lobbying services with the Wilson Group, LLC. At this time, based upon performance, it is the recommendation of staff that the Council approve a new agreement for services with the Ellison Wilson Group. City Council and City Staff have been very satisfied with their performance to date. Ellison Wilson has made significant efforts in preserving the City's interests and providing influence that ultimately led to the approval of an $8.5 million dollar grant application forthe new City library construction. In addition, Ellison Wilson has been working diligently to preserve the interest of the City of Temecula regarding Indian gaming revenue, state highway relinquishment, Vehicle License Fee Annexation Allocation, Worker's Compensation reform, energy/transmission line legislation, and numerous other relevant issues. The fee for lobbying services will remain unchanged for a total of $42,000 or $3,500 per month, for the life of this agreement. It is staff's recommendation that the Council approve a contract with Ellison Wilson Group, LLC for three years, in order to allow them to remain committed to lobbying efforts on behalf of the City of Temecula. FISCAL IMPACT: Appropriate funding has been budgeted in the amount of $42,000 in the FY 08/09 operating budget. ATTACHMENTS: 1. State Lobbyist Agreement 2. Memo for proposed services CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND THE ELLISON WILSON ADVOCACY, LLC FOR CALIFORNIA STATE LOBBYIST SERVICES THIS AGREEMENT is made and effective as of July 1, 2008, between the City of Temecula ("City"), a municipal corporation, and Ellison Wilson Advocacy LLC ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. 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 A, Tasks To Be Performed attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty-Two Thousand Dollars and No Cents ($42,000.00), 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 5/1 /07 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 far cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant far any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity ar 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 2 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. 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 ar 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 00 01 11 85 a r 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, anon-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. 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 projectllocation 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 ar disease. 3 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 orself-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, ar 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 ar volunteers. (4). The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5). Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6). If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/ar notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 4 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, ar other compensation to Consultant far 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 ar 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 5 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 ar 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: Ellison Wilson Advocacy, LLC Brooks Ellison, Legislative Advocate 1725 Capitol Avenue Sacramento CA 95814 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. 6 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 farce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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 TEIUIECULA Shawn D. Nelson, City Manager ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter Thorson, City Attorney 7 CONSULTANT: Ellison Wilson Advocacy, LLC Brooks Ellison, Legislative Advocate 1725 Capital Avenue Sacramento CA 95814 Phone: 916-448-2187 Fax: 916-448-5346 By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] EXHIBIT A TASKS TO BE PERFORMED Consultant shall perform all tasks as outlined in their proposal attached hereto and incorporated herein as though set forth in full. ll~.[[.,l[~,]I:~~C~l~ ~~~lL~~~ ~1[~~~~;,~~`~Y`, IL,T~~; GOVBRNMENTALAFFAIRS - LEGISI.A.7'IVfi ADVOCACY 1725 CAPITOL AVENUE 5ACRAMhT1'IO,CALIPORNIA 9581a 916448-2187-916-0484346 (t ) HHWKS HI.LISUN r<r.wx,.~e,\J.-sow IObb QaelH~kwilson.ODm Y JKRkv>xRtHivER Ipiwe.'o.ta..xa(c ne.vxey., t.xx' www.ellimnwllsotLeom ."xwyet lax HOb WILbON MTRICK WItALG' cP4mnx.W~.<me <S~wAJVUCw: ~lirrwaix mw se.wa (m.l _ ~\(wx`y it "x~ Al mlw. fd:Dmix Aaw=NwniN]`UA(J KIkK HWCKHUkN '•"AUIE P. UlUDKH .\ a( t<x~ ),Inx6c~'. (1lifmaia tiulr aeae(c (rci.1 TIHOt1tY G WARRINb0. 11cm\s„(tili(.neu Nale:lax~ml,1(~N.I IsAiebe+e ~S March 20, 2008 Tamra Middlecamp Senior Management Analyst City of Temecula PO Box 9033 Temecula, CA 92590 Dear Tamra, Thank you for your call yesterday asking us to send you a proposal for a new multi-year legislative advocacy contract with the City of Temecula. We are honored to represent the City of Temecula and have been pleased to have helped secure the new library grant, Indian gaming revenue reimbursements, and additional annexation revenue among other successes. Our proposal is that we mutually agree to a new three year contract on the same terms and conditions as the current contract and our services would be those outlined in exhibit A of the current contract. We would provide these comprehensive governmental advocacy services for our current fee of $3500 per month. These fees have not changed since 2001, but due to the current economic conditions and our long association, we are willing to agree not to request an increase during the term of the proposed contract. We also want to let you know that the Firm recently hired one of the state's top Deputy Attorney Generals, Pat Whalen, to work with us on both lobbying and litigation. Attached is a separate letter summarizing Pat's experience and accomplishments. Please advise if you need anything further in order to finalize the new contract. We look fonrvard to continuing to represent the City of Temecula in Sacramento. Sincerely, Brooks Ellison 10 ~d.tL~~rll\yilJll`~~' ~9)I.ild,7~~1 V` ~~ 0' ~I.YY-..~d'~~1..~ 11 j .ILe~a11i GOVERNMENTALAFFAIRS- [Ffii1SLATIVEADVOCACY 1725 CAPITOLAYENUE SACRAMEN'IiO,CALIFORNiA 9.5814 916~W8•t187.916.4d&S.iA6(flnc) BRO9xs sl.lASOa laicdnn:w.a~ lohbyffiBilisanwllson.onm .IeRRV SC®BKER L,n;wl;.-o.w.,rm ,\m..y n Isa' www.Bllimnwilson.wm AWave1~M iyx~ BOB WIL6'ON MTRICK WIIAtEa IcFiJai.n +Wncwc I.C>tf.laUes AdvaUC -al I.rm ARWeCJ al I>x \hmher,<Sli( ieS w5CwloIrclJ Akmbcr. ~'Wifowi: Wa:v'vmM> Ircvl KIRK 6LACKRUItK Axyispn+'e.4J+swly WAUIE 1. UEUOEN vlmeq a. Inx I.eFi+IMi.c ~\~le.rxc Afmv6ar. <Sifumie Slely S<•role(rcl.l T1FlOTUS' R WARRIKER +Re~x~. ewnax~. ana n>.ox~a~ oeo I«au~ee.w..,uu A~uinq-+I l.nr To; Mayor Michael Naggar and City Council and City Manager Shawn Nelson Re: Pat Whalen joins Ellison Wilson Advocacy We are pleased to announce that Patrick Whalen has joined Ellison Wilson Advocacy, LLC. Pat comes to us from the California Attorney General's office where he was one of their top attorneys handling major cases and supervising 70 other attorneys. Pat is an experienced trial attorney and appellate advocate. His federal and state court experience includes dozens of trials and more than one hundred appellate cases before the California Courts of Appeal. In addition, Pat has argued five cases before the California Supreme Court and twelve more appellate cases in front of the federal Ninth Circuit Court of Appeals. In addition to his extensive trial and appellate experience, during his career with the Attorney General's office Pat advised the Attorney General on legislation and also advised the Governor's office on clemency decisions. Pat also advised the Attorney General on the "California Commission for the Fair Administration on Justice," and was a member of the "Federal Habeas Task Force." Pat graduated 3`~ in his class from the University of the Pacific, McGeorge School of Law in 1994 where he was a member of the prestigious national honor society "Order of the Coif," generally considered one of the highest honors a law student can receive and open only to the top 10% of law graduates nationwide. Pat joins a team that already includes five experienced attorney/lobbyists-myself, former Senator Bob Wilson, Jerry Scribner, Kirk Blackburn and Tim Warriner. Only former Senator Wadie Deddeh of our Firm is not a member of the California Bar. 11 Although we tend to feel that Senator Deddeh's 27 years serving in the California Legislature as both a Senator and Assembly Member more than make up for this fact. . In addition to lobbying, analyzing, and drafting legislation, Pat will be heading up our "Legal Services" division. We presently serve as General Counsel to several of our clients and also offer litigation and appellate representation in court and at administrative hearings and appeals. cc: Asst City Manager Aaron Adams Deputy City Manager Grant Yates Sr. Management Analyst Tamra Middlecamp 12 ll~.[[~l[~,]I:~~C~l~ ~~~lL~~~ ~1[~~~~;,~~`~Y`, IL,T~~; GOVERNMEN'1'ALAFFAIRS - LEGISLATIVEADVOGACY 1725 CAPITOL AVENUE 5ACRAMhT1'IO,CALIPOBNIA 45814 916448-2187-916-0484346 (tna) HHWKS KI.LIST)N IobbY4~ellisonWilson.oom JERav sCRJHNba f<P~Jicf.\JVao(e AIItYYI) al I.Jx' W W W.OH{50II WIISDII.CgI1 IgiWUa~.W+ma¢~ \Tiltlt'yat lax' HOb WR.bON MTRICK WItALCN IcP*la(nx.WwcMe 1<Iiab4w Advucw: :\(WM M ISw - AMlety M Lax Tbmbcr. calif is 9emf awa (m.l \famlw. ('d:Daua 9Jw.\wxniNy pN.l KLRK BWCKHURN t<RiJa4rc:4T.wlc )YAUIb p. UlUDKH :\Malhy m (<x' AI[mfp'.(11i4naia tiulrx (rcJ) TIHOt1tYB WARRINb0. ?iam4n,(llifaeu AWle Aew~ml0y UN1 1<Ai~bl.w ddnmm \~wxnel'wl l.ax March 20, 2008 Tamra Middlecamp Senior Management Analyst City of Temecula PO Box 9033 Temecula, CA 92590 Dear Tamra, Thank you for your call yesterday asking us to send you a proposal for a new multi-year legislative advocacy contract with the City of Temecula. We are honored to represent the City of Temecula and have been pleased to have helped secure the new library grant, Indian gaming revenue reimbursements, and additional annexation revenue among other successes. Our proposal is that we mutually agree to a new three year contract on the same terms and conditions as the current contract and our services would be those outlined in exhibit A of the current contract. We would provide these comprehensive governmental advocacy services for our current fee of $3500 per month. These fees have not changed since 2001, but due to the current economic conditions and our long association, we are willing to agree not to request an increase during the term of the proposed contract. We also want to let you know that the Firm recently hired one of the state's top Deputy Attorney Generals, Pat Whalen, to work with us on both lobbying and litigation. Attached is a separate letter summarizing Pays experience and accomplishments. Please advise if you need anything further in order to finalize the new contract. We look fonrvard to continuing to represent the City of Temecula in Sacramento. Sincerely, Brooks Ellison ~d.tL~~rll\yilJll`~~ ~9JIJLS>~~lV` ~ll.Y 0' II.YY-..~~~ 11j .ILe~a1~/ GOVERNMENTALAFFAIRS- [Ffii1SLATIVEADVOCACY 1725 CAPITOLAYENUE SACRAMEN'IiO,CALIFORNiA 9.5814 9ffi~W8•t187.916.4dB.S.iA6(flnc) RRO9xs sl.lASOK lohb +~eilimnwitmn onm tagidana:w.aaue y . .\wmy aA la' www.ellimnwilson.wm 006 WIL6'ON lc¢uluiw,Wncwc Auahe,n L+m \hmhEf.<Ali( uSUw 5ewlolrclJ Akmbcr.l'Wifowi¢ Wa:\remMy rrcu WAOIEl. UFLOEN I~Fi\41i.c .\~I..rxe n>~uo. <yrm~. sma Sfromfn•1.1 Ska~Mi. t'WitW n~¢!.Lle:bwmMy 11E1) To; Mayor Michael Naggar and City Council and City Manager Shawn Nelson Re: Pat Whalen joins Ellison Wilson Advocacy JERRY SCRIKKER Llmwn.-o.wwram Awwv£w Lnv MTRICK WIIAtEK Loti.laEA'<Advawalo Awwae~ all>w. KIRK 6LACKROItK Axyisppre.4JSwly 1tltlnC)al lnw TIMOT05' E. WARRIKER IS(If1811vf .4FcU4` AllanGSal l.nr We are pleased to announce that Patrick Whalen has joined Ellison Wilson Advocacy, LLC. Pat comes to us from the California Attorney General's office where he was one of their top attorneys handling major cases and supervising 70 other attorneys. Pat is an experienced trial attorney and appellate advocate. His federal and state court experience includes dozens of trials and more than one hundred appellate cases before the California Courts of Appeal. In addition, Pat has argued five cases before the California Supreme Court and twelve more appellate cases in front of the federal Ninth Circuit Court of Appeals. In addition to his extensive trial and appellate experience, during his career with the .Attorney General's office Pat advised the Attorney General on legislation and also advised the Governor's office on clemency decisions. Pat also advised the Attorney General on the "California Commission for the Fair Administration on Justice," and was a member of the "Federal Habeas Task Force." Pat graduated 3`~ in his class from the University of the Pacific, McGeorge School of Law in 1994 where he was a member of the prestigious national honor society "Order of the Coif," generally considered one of the highest honors a law student can receive and open only to the top 10% of law graduates nationwide. Pat joins a team that already includes five experienced attorney/lobbyists-myself, former Senator Bob Wilson, Jerry Scribner, Kirk Blackburn and Tim Warriner. Only former Senator Wadie Deddeh of our Firm is not a member of the California Bar. Although we tend to feel that Senator Deddeh's 27 years serving in the California Legislature as both a Senator and Assembly Member more than make up for this fact. In addition to lobbying, analyzing, and drafting legislation, Pat will be heading up our "Legal Services" division. We presently serve as General Counsel to several of our clients and also offer litigation and appellate representation in court and at administrative hearings and appeals. cc: Asst City Manager Aaron Adams Deputy City Manager Grant Yates Sr. Management Analyst Tamra Middlecamp ITEM RI~J. 9 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: June 24, 2008 SUBJECT: Agreement for Lobbyist Services with David Turch & Associates PREPARED BY: Tamra Middlecamp, Sr. Management Analyst RECOMMENDATION: That the City Council approve a three year contract for Federal legislative services to be provided by David Turch & Associates in the amount of $42,000. BACKGROUND: David Turch & Associates have been providing Federal legislative lobbying services for the City since 1997. The City has been very satisfied with these services and staff is recommending that a new 3-year contract for services be approved at a monthly fee of $3,500 during the life of this agreement. In the past, David Turch & Associates have provided great assistance in obtaining Federal funds for the City of Temecula. David Turch & Associates have assisted the City with lobbying efforts and have been instrumental in obtaining funding on the following projects: • Murrieta Creek (Flood Control 1999) • Bus Shelters (FY 00/01) • Murrieta Creek Flood Control Project (FY02/03) • Old Town Joint Use Gymnasium (VA/HUD) • Overland Bridge Overcrossing (TEA 21) • Pala Road Improvement Project (FY 02/03) • Park & Ride (FY 04/05) • Pierce's Disease (Agricultural Research Services) • Pierce's Disease (House appropriations FY 00/01) • Transit Center (FY 03/04) • Transit Center (FY 04/05) • I-15 and State Route 79 South Freeway (FY 2005) • I-15 and Winchester Road Interchange Project (FY 2005) • Murrieta Creek Flood Control Project (Omnibus appropriation bill 2008) $ 100, 000 $ 200, 000 $ 1,000,000 $ 162,000 $ 3, 750, 000 $ 4, 000, 000 $ 48,589 $ 1,100, 000 $ 2,000,000 $ 776,699 $ 388, 711 $1,600,000 $1, 600, 000 $ 1,821,000 Congress was unable to enact most of its FY 2007 spending bills and ended up passing a Continuing Resolution (CR) to fund most discretionary domestic programs at FY 2006 levels. The Continuing Resolution, however, did not contain earmarks. FISCAL IMPACT: Appropriate funding has been budgeted in the amount of $42,000 in the FY 08109 operating budget. ATTACHMENTS: David Turch & Associates Contract David Turch & Associates Memo for Proposed Services CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES BET{NEEN THE CITY OF TEMECULA AND THE DAVID TORCH AND ASSOCIATES FEDERAL LOBBYIST SERVICES THIS AGREEMENT is made and effective as of July 1, 2008, between the City of Temecula ("City"), a municipal corporation, and David Turch and Associates {"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. 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 A, Tasks Ta Be Performed attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty-Two Thousand Dollars and No Cents ($42,000.00), annually, 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 thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 5/1 /07 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 far cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant far any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity ar 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 2 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. 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 ar 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 00 01 11 85 o r 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, anon-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the District of Columbia 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. 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 projectllocation 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 District of Columbia; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury ar disease. 3 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 orself-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, ar 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 ar volunteers. (4). The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5). Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6). If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/ar notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 4 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, ar other compensation to Consultant far 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 ar 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 5 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 ar 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: David Turch and Associates David Turch 517 2"d Street, Northwest Washington DC 20002 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. 6 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 farce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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 TEIUIECULA Shawn D. Nelson, City Manager ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter Thorson, City Attorney 7 CONSULTANT: David Turch and Associates David Turch 517 2"d Street, Northwest Washington DC 20002 Phone: 202-543-3744 By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] EXHIBIT A TASKS TO BE PERFORMED Consultant shall perform all tasks as outlined in their proposal attached hereto and incorporated herein as though set forth in full. David lurch and Associates TO: Tams Middlecamp FROM: Marilyn Campbell DATE: Apri14, 2008 RE: Renewal of Consulting Agreement. We would like to renew our federal advocacy contract with the City of Temecula, which expires on June 30, 2008, for an additional three year term at an annual rate of $42,000. Attached is an overview of our firm and a list of the services we perform, as well as examples of some of our successes on projects we have pursued on behalf of the City. It has been a pleasure to work with the City over the past several years. We look forward to a continued successful relationship. Please contact me if you have any questions or need additional information. 517 2nd STREET, NORTHEAST, WASHINGTON, D.C. 20002 (202)5433744 10 David lurch and Associates TO: Tams Middlecamp FROM: Marilyn Campbell DATE: Apri14, 2008 RE: Renewal of Consulting Agreement We would like to renew our federal advocacy contract with the City of Temecula, which expires on June 30, 2008, for an additional three year term at an annual rate of $42,000. Attached is an overview of our firm and a list of the services we perform, as well as examples of some of our successes on projects we have pursued on behalf of the City. It has been a pleasure to work with the City over the past several years. We look forward to a continued successful relationship. Please contact me if you have any questions or need additional information. 517 2nd STREET, NORTHEAST, WASHINGTON, D.C. 20002 (202) 543-3744 ITEM N~}. 1d Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Second Amendment to Professional Services Agreement - T.Y. Lin International Preparation of Plans, Specifications and Estimate for the Western Bypass Bridge Over Murrieta Creek -Project No. PW06-04 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP William Becerra, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve a Second Amendment with T.Y. Lin International in an amount not to exceed $222,568.00 to prepare Plans, Specifications and Estimate for the Western Bypass Bridge Over Murrieta Creek, Project No. PW06-04, and authorize the Mayor to execute the agreement effective July 1, 2008; 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $22,258.80, which is equal to 10% of this Second Amendment amount. 3. Authorize the advance of Capital Reserves in the amount of $244,824.80, the amount of this Second Amendment and 10% contingency, until the TUMF agreement is approved. BACKGROUND: On May 23, 2006, the City Council approved an agreementwith T.Y. Lin International in the amount of $344,342.00 to prepare the Environmental Document, Plans and Specifications, and Estimate for the Western Bypass Bridge. Subsequent to that, Amendment #1 was approved by the City Manager, extending the term of the agreement to June 30, 2008. Development of hydraulic models received by the Army Corps of Engineers for Murrieta Creek has necessitated a re-scoping of work required to provide a competent design of the proposed bridge. The subject amendment provides for the continued preparation and development of the Plans, Specifications, and Estimate for a bridge over Murrieta Creek which will serve as the southerly connection to the Western Bypass Corridor. 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. Staff has negotiated an equitable scope of work and fee for this added work. T.Y. Lin International has agreed to provide these services for the sum of $222,568.00. With this Second Amendment, the total contract amount will be $566,910.00. FISCAL IMPACT: This project is in the City's Capital Improvement Program, Fiscal Years 2009-2013. Funding sources include Transportation Uniform Mitigation Fee (TUMF) and ReimbursementslOther -Developer. The project is identified in the TUMF Southwest Zone Transportation Improvement Program and is eligible for TUMF funding. However, until a construction schedule has been established for completion of the project, TUMF funding cannot be committed. As a result, the City will need to advance Capital Reserves to cover costs of this amendment with subsequent TUMF funding reimbursement possible. With the approval of the Capital Improvement Program for Fiscal Years 2009-2013, there will be sufficient funds in the project account 210-165-660-5802 to cover the cost of this amendment. The total amendment cost is $244,824.80, which includes the amendment amount of $222,568.00 plus 10% contingency amount of $22,256.80. The total authorization for this agreement, including contingency, is $623,601.00. ATTACHMENTS: 1. Project Location 2. Project description 3. Second Amendment - T.Y. Lin International d .. F u u O L a U W Q U O ., !Hy W _~ Qa Cl F u N ~o ~, a 7 O n V 3 N-. .V+ r y 0. T C V ti V 3 .Y V w U C4 N ti O U .~ o'_ 'o 7 P V Z N ~ wiz C 0 a+ .~ ai A ~b V ~ ~ CL O ¢' O RU .= C .. O ~ ~ 04 04 ~ '.'. V b CD y ~ N ti ^ C R O~. U ~ ~~ N O b C V ~ b N w ~ .D C4 U w y r .F 'O ~ N C3 V4~w O V. .~ `~ r ~~~ ~_ 0.' 3 O^ ~ 'G O N ~ ~y CA O ~ ~~„?) z ~~.. N 7 '~U ~ ~, C4 _^. O '. ,b 7 U ~ .- O ~ N ti , V~ P '. ~ ~ V o ~ 3 3~~~b .U. y ~ ~ ~ 'p^'b '~ a a. ° a w Q C ~A C~ O O U T N C4 C 9 N z O U H b ~ u T V V v ^^. w .^ v O > n O X .. y ~U U .~ O 7 a~ 0 0 0 0 0 0 0 0 ~ '~ 0MO oo v o o ~o~ ~ ~ U N Vr d' O c'i <Y O [~ ON V1 N ~ 7 ^r M O~ O O V V ~ ~ ~ v3 s9 ~ s9 bs sv s9 N ti .~.~ O N H O O N O O O O W ~1 O ~ !~ V O ~ rl tq O M -- N EH FH fA O O O o O O M O G1 O O O V O ~ C` .. DD ~' ~ c '^ 0 N Ef3 S9 tH ~S O o GD O O p O O r ~ O O M O N Y3 69 o O o ~ y O [~ V? i O Q~ ~ i A M W ^ O V ~ a .~ O O n O O N ^ f~l C1 W rA I F!i M b to 7 00 r! 0 O O O 69 0 n :~ . Y ~ ~ u C,j o u o W '~ o: .a L o .o o W o d :j 4:. 4 p„ ~ - ~,,, •y U U c C o a U h 4 rn p F Q Q U U q W ~ (-~ O O O i1 O vi vl O Vt ^ O M V' G\ O O o ~7 d 100 ~ ~I~II 00 N .. O ~ o o ~ V O ~ ~- ~ N v a • ~ ~ O o ~ ~ N ~ U 3 C:. ~ ~ ~ ~ ~ -~ ~ ~. O C ~ m . ~ '~ ~ ~ - o H ~ 0 2 N 0 U ~o ~ S ^ ~d w U ~ O o 0 L L G o U ~. ~ W o v~ h SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TY LIN International WESTERN BYPASS BRIDGE OVER MURRIETA CREEK PROJECT NO. PW06-04 THIS SECOND AMENDMENT is made and entered into as of June 24, 2008 by and between the City of Temecula ("City"), a municipal corporation, and TY LIN International ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 23, 2006, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement For Professional Consultant Services Western Bypass Bridge Over Murrieta Creek, Project PW06-04 for preparation of environmental documents, plans, specifications and estimate, in the amount of $344,342.00. b. On July 1, 2007, the Agreement was amended to extend the TERM of the Agreement though June 30, 2008. c. The parties now desire to increase payment in the amount of Two Hundred Twenty Two Thousand Five Hundred Sixty Eight Dollars and No Cents {$222,568.00} for additional Professional Consultant Services and amend the Agreement as set forth in this Amendment. 2. Section 1. TERM of the Agreement is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of thisAgreement. 3. 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 Attachment "A", Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be performed, payment rates and schedule of payment are null and void. The Second Amendment amount shall not exceed Two Hundred Twenty Two Thousand Five Hundred Sixty Eight Dollars and No Cents ($222,568.00} for additional Professional Consultant Services for a total Agreement amount of Five Hundred Sixty Six Thousand Nine Hundred Ten Dollars and No Cents {$566,910.00}. 4. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 1 Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS Name of Contact Person at Mailing Address of Company: Telephone No. of Company: Facsimile No. of Company:_ 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 City of Temecula SCOPE OF WORK AMENDMENT No. 2 Western Bypass Corridor Bridge over Murrieta Creek City of Temecula, CA I. Description of Additional Services Phase 1 activities have resulted in several items of work outside the original scope of work. The prior bridge type, span layout, and profile were determined based on the most current hydraulic models received from the Army Corps of Engineers (ACOE). Additional baseline conditions, including sediment deposition have since been added for the evaluation of the proposed bridge profile. The prior bridge profile, span layout, and thickness will need to be revised to convey all ACOE baseline flood conditions with the appropriate freeboard while minimizing impacts to existing businesses and access along the eastern portion of the project. Increasing the number of bridge spans would result in a shallower structure that could accommodate the passage of the additional baseline floods with the appropriate freeboard without significant impacts on the existing features of the site. Additional items of work are summarized as follows: 1. Hydraulics: The original scope of the HEC-RAS analyses included three baseline scenarios: 1. Existing (no bridge) conditions, Q = 38,600 cfs 2. Ultimate (with bridge) conditions, Q = 22,300 cfs 3. Ultimate (with bridge/without detention basin), Q = 38,600 cfs The "worst case' scenario in terms of scour and backwater was planned to be used as the design baseline hydraulic model. The scope of HEC-RAS analyses has expanded to include evaluation of eight baselines with and without the sediment deposition estimated by the ACOE: 1. Existing (interim) conditions with added sediment, Q = 22,300 cfs 2. Existing (interim) conditions with added sediment, Q = 38,600 cfs 3. Existing (interim) conditions without added sediment, Q = 22,300 cfs 4. Existing (interim) conditions without added sediment, Q = 38,600 cfs 5. Ultimate conditions with added sediment, Q = 22,300 cfs 6. Ultimate conditions with added sediment, Q = 38,600 cfs 7. Ultimate conditions without added sediment, Q = 22,300 cfs 8. Ultimate conditions without added sediment, Q = 38,600 cfs The number of hydraulic runs for the revised bridge geometry is expected to be reduced to the four runs that include sediment deposition (runs 1, 2, 5, and 6 above). The bridge geometry and span layout will need to be refined and optimized based on the results of the above four scenarios with the appropriate freeboard for each condition, requiring additional iterations on the bridge geometry. TYLIN INTERNATIONAL Western Bypass Corridor Bridge over Murrieta Creek .City of Temecula SCOPE OF WORK 2. Bridge PSF~E: The prior design of the bridge structure will need to be revised for the new bridge span layout and support locations. A three- span bridge with shallower structure depth is considered to be the viable solution for this site. The bridge design code implemented by the American Association of State Highway and Transportation Officials (AASHTO) and the State of California Department of Transportation (Caltrans) has been revised since the initial design of this structure. The revised bridge structure will be designed based on the newly implemented code. 3. Geotechnical Report: Additional geotechnical exploration and testing is required for the additional bridge supports in the creek. The updated soil exploratory plan includes two trackhoe trenches and four small diameter borings. The trackhoe trenches will be excavated one near each side of Pier two to determine the depth to competent bedrock. The four small diameter borings will be drilled near each side of the proposed Pier three and abutment four. The updated exploratory plan includes three additional borings compared with the original scope. Additional geotechnical exploration will require revising and resubmitting permit applications through the ACOE, California Department of Fish and Game (CDFG). 4. Metropolitan Water District (MWD) Requirements: Additional work is required to design a protection slab over MWD Pipeline No. 4, including: • Survey and pothole two locations based on MWD record drawings and requirements to establish the top of pipe elevation. Excavate trenches and perform a geotechnical investigation (and laboratory testing) for MWD Pipeline No. 4 to establish the parameters needed for the design of protection slab. Prepare a letter report presenting the findings, conclusions, and recommendations regarding the geotechnical aspects of constructing the proposed protection slab. The two-phase exploration consists of: 1. Locating the existing pipeline alignment by vacuum extraction (potholes) Excavating three exploratory trenches across Pipeline No. 4 to identify the depth to competent bedrock and the width of the pipeline trench. Location of trenches will be based on MWD direction at each edge of the roadway and the centerline. • Design and prepare PS&E for a protection slab to cover Pipeline No. 4, isolating it from additional loading from the roadway approach fills. TYLIN INTERNATIONAL Western Bypass Corridor Bridge over Murrieta Creek .City of Temecula SCOPE OF WORK 5. Resource Agency Permitting: Changes in the permitting process with the ACOE has resulted in new report and documentation requirements, including: 1. Since June 5, 2007, the ACOE requires a Jurisdictional Determination (JD) or Significant Nexus Determination (SND) for waters of the U.S., including wetlands. A JD/SND package must be submitted to the Los Angeles District office of the ACOE for determination of whether any or all of the delineated waters are jurisdictional or whether there is a "significant nexus' between any streams identified on the site and"traditional navigable water." 2. All potential jurisdictional waters of the U.S. within this region must be delineated pursuant to criteria outlined in the ACOE 1987 Wetland Delineation Manual and the December 2006 Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual, Arid West Region. II. Revised Design Criteria and Standards A. Design Criteria Changes 1. No Change. 2. The final structure type and layout is assumed to be a three-span cast-in-place post-tensioned box girder. The bridge plans prepared by T.Y. Lin International (formerly McDaniel Engineering) in 1996 will not be used. 3. No Change. 4. No Change. 5. See Hydraulics under "Description of Additional Service" above. 6. No Change. 7. No Change. 8. No Change. 9. No Change. B. Design Standards Changes 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. No Change. 2. No Change. 3. No Change. 4. Caltrans Standard Plans (2006) and Caltrans Standard Specifications (2006) 5. No Change. 3 Western Bypass Corridor Bridge over Murrieta Creek TYLIN INTERNATIONAL City of Temecula SCOPE OF WORK 6. AASHTO LRFD Bridge Design Specifications, Third Edition, with Caltrans 2005 and 2006 Interims, Version 3.06.01, dated Apri12007 7. Caltrans Seismic Design Criteria, Version 1.4, dated June 2006 8. No Change. 9. No Change. 10. No Change. 11. No Change. 12. No Change. 13. No Change. 14. No Change. III. Basic Services Phase 1 -Scope of Work Task 1.1 -Update Base Mapping and Utility Research 1.1.1 No Change. 1.1.2 No Change. 1.1.3 No Change. 1.1.4 No Change. 1.1.5 Coordinate with MWD and other team members on geotechnical work at Pipeline No. 4. 1.1.6 Perform additional geotechnical explorations and survey at MWD Pipeline No. 4. Task 1.2 -Field Review No changes. Task 1.3- Bridge Foundation and Hydraulic Reports 1.3.1 Perform additional geotechnical exploration and testing for additional bridge support in the creek. 1.3.2 Perform additional hydraulic analysis and modeling based on the scenarios described under Hydraulics above. Task 1.4 -Bridge General Plan and Roadway Study bridge and roadway alternatives for compatibility with the various hydraulic scenarios and tie-in points near Front Street. 1.4.1 Coordinate the additional efforts with Geotechnical and Hydraulic Consultant. 1.4.2 Re-evaluate the roadway layout and tie-in points based on the results of hydraulic analyses. 1.4.3 Re-evaluate the bridge layout, number of spans, span lengths, and structure depth based on the results of the hydraulic analyses. 1.4.4 Prepare a revised Bridge General Plan drawing. 1.4.5 No Change. 4 Western Bypass Corridor Bridge over Murrieta Creek TYLIN INTERNATIONAL City of Temecula SCOPE OF WORK Task 1.5 -Preliminary Right-of-Way Engineering No changes. Task 1.6 -Project Management 1.6.1 Perform additional coordination of design revisions and design team operations sufficient to maintain timely and efficient performance. 1.6.2 No Change. 1.6.3 No Change. 1.6.4 No Change. 1.6.5 No Change. 1.6.6 Remobilize the design team and prepare revised scope, fee, and schedule for project re-start. Phase 2 -Final Design and Plans, Specifications and Estimates (PS&E) Task 2.1 -Environmental Clearance 2.1.1 No Change. 2.1.2 Burrowing Owl Surveys -Burrowing owl surveys were almost completed when the project was suspended in 2006. According to the Riverside County Conservation Authority protocol, the 2006 surveys are no longer considered valid since they are older than one year. Therefore, the surveys completed in 2006 will need to be repeated. The surveys will also need to be repeated thirty days prior to starting construction. The scope of survey efforts is summarized as follow: Conduct focused burrowing owl surveys as required by the California Burrowing Owl Consortium (April 1993) and accepted by the USFWS. Focused surveys will be conducted by a qualified biologist in areas that have potential for burrowing owls and will include a 500-foot buffer surrounding the project site, where accessible to the biologist. The surveys will be conducted during the nesting season between Apri115 and July 15 and also during the winter between December 1 and January 31. Surveys will be conducted on five separate days beginning two hours before sunset to one hour after sunrise. 2.1.3 No Change. 2.1.4 No Change. 2.1.5 Prepare and process Resource Permits - No work on this task had been completed when the project was suspended in 2006. However, different regulatory requirements were used as the basis for the original scope and fee. Since the original scope of work, new guidance (December 2006 and June 2007) has been issued by ACOE, increasing the required level of efforts for obtaining resource agency permits. 5 Western Bypass Corridor Bridge over Murrieta Creek TYLIN INTERNATIONAL City of Temecula SCOPE OF WORK The revised scope of work includes: 1. Delineate wetlands in compliance with the December 2006 Arid West Region Supplement and current 2008 conditions at the site. 2. Prepare a formal Jurisdictional Delineation (JD) or Significant Nexus Determination (SND) Report for waters of the U.S. and State and submit to ACOE and CDFG. Reports and applications will include all jurisdictional field studies and biological resource information related to jurisdictional waters. All reports and applications will be submitted to the City for review prior to submitting to the resource agencies. 3. Conduct a site visit for ACOE and CDFG to confirm field findings on which to base the JD. 4. Additional efforts are required based on the 2006 wetland delineation guidelines to prepare and submit application materials for Section 404 Nationwide Permit (NWP). 5. Submit supplemental application information requested or required by the resource agencies under new protocols. Coordinate with RWQCB during their water quality certification public review period. Continue coordination with the resource agencies until final authorizations are granted. Deliverables: 2.1 F. Technical memorandum documenting the results of the surveys as support for discussions in the Initial Study Checklist. 2.1 G. Jurisdictional Delineation (JD) or Significant Nexus Determination (SND) Report. Task 2.2 - 30% PS&E 2.2.1 Update Bridge Hydrology Report based on the new baseline flood conditions indicated above. 2.2.2 No Change. 2.2.3 Obtain the necessary permits from ACOE, CDFG, and the Right of Entry from Riverside Flood Control for the geotechnical explorations. Perform additional survey and geotechnical exploration and testing for the additional bridge support in the creek. Two additional trackhoe trenches will be required along with additional laboratory testing. 2.2.4 Revise roadway approach and bridge profile based on the results of new hydraulic analyses. 2.2.5 Prepare revised Bridge General Plan drawing for athree-span prestressed cast-in-place structure and based on the revised bridge profile. 2.2.6 No Change. 2.2.7 Revise the project cost estimate (opinion of probable cost) based on the revisions in the preliminary quantity take-offs. 2.2.8 No Change. TYLIN INTERNATIONAL Western Bypass Corridor Bridge over Murrieta Creek City of Temecula SCOPE OF WORK 2.2.9 Survey and pothole two locations to locate the MWD Pipeline. Prepare a letter report presenting the findings, conclusions, and recommendations regarding the geotechnical aspects of constructing the proposed MWD protection slab. Deliverables: 2.2 H. Letter Foundation Report presenting the findings of potholing operation 2.2 G. Electronic survey file at pipeline No. 4 Task 2.3 - 70% PS&E 2.3.1 Perform additional geotechnical laboratory and engineering analysis for the additional soil borings. 2.3.2 No Change. 2.3.3 No Change. 2.3.4 Prepare unchecked bridge detail drawings for new bridge configuration. 2.3.5 No Change. 2.3.6 Perform detailed quantity takeoffs for completed plan sheets. 2.3.7 No Change. 2.3.8 No Change. 2.3.9 No Change. 2.3.10 Perform structural design and prepare details for MWD protection slab. Deliverables: 2.3 H. MWD Pipeline Geotechnical Report 2.3 L MWD Pipeline Protection Slab Details Task 2.4 - 90% PS&E 2.4.1 Update the Geotechnical/ Foundation Report and Log of Test Borings sheets to include the additional soil investigations. 2.4.2 No Change. 2.4.3 No Change. 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 No Change. 2.4.7 No Change. 2.4.8 No Change. Task 2.5 - 100% PS&E No changes. Task 3.1 -Bidding and Construction Support No changes. Western Bypass Corridor Bridge over Murrieta Creek TYLIN INTERNATIONAL City of Temecula SCOPE OF WORK IV. Work to be Completed and Information to be Provided by the City 1. Right of Entry and any other associated permits or permissions (including fees) required for the MWD Pipeline No. 4 work. 2. Permit application and processing fees, estimated as up to $14,000. V. Work Not Included No changes. VI. Schedule of Services No changes. s Western Bypass Corridor Bridge over Murrieta Creek TYLIN INTERNATIONAL Western Bypass Bridge over Murrieta Creek Fee Proposal -Amendment No. 2 City of Temecula May 6th, 2008 SUMMARY BY TASK -ORIGINAL CONTRACT WORK iDIFFERENTIAL FOR PAY RATES SHOWN IN EXHIBIT B) Exhibit A Summary TOTAL FIRM TASK NO. TASK TYLI TPC EDAW GEOCON WEST TOTAL 1.1 Update Base Mapping and Utility Research $0 $0 $0 $0 $0 $0 1.2 Field Review $0 $0 $0 $0 $0 $0 1.3 Review Brid a Foundation/H draulic Rep $0 $0 $0 $0 $0 $0 1.4 Bridge General Plan and Roadway $0 $0 $0 $0 $0 $0 1.5 Prelimin ROW Engineering $0 $0 $0 $0 $0 $0 1.6 Pro ect Mana ement $848 $320 $900 $150 $196 $2,414 2.1 Environmental Clearance and Permitting $410 $0 $3,400 $0 $0 $3,810 2.2 30% PS&E $3,222 $2,610 $0 $90 $736 $6,658 2.3 70% PS&E $3,917 $900 $0 $237 $0 $5,054 2.4 90% PS&E $8,219 $730 $0 $49 $0 $8,998 2.5 100% PS&E $887 $140 $0 $0 $0 $1,027 3.1 Biddin and Construction Support $368 $160 $0 $0 $0 $528 Totals: $17,871 $4,860 $4,300 $526 $932 $28,489 SUMMARY BY TASK -NEW WORK (RATES AAE PROVIDED IN EXHIBIT B) FIRM TASK NO. TASK TYLI TPC EDAW GEOCON WEST TOTAL 1.1 Update Base Mapping and Utility Research $6,354 $7,335 $0 $7,777 $1,472 $22,938 1.2 Field Review $20 $0 $0 $390 $0 $410 1.3 Review Bridge Foundation/Hydraulic Rep $1,819 $0 $0 $280 $0 $2,009 1.4 Bridge General Plan and Roadway $10,484 $2,160 $0 $0 $7,516 $20,160 1.5 Prelimin ROW En ineerin $0 $0 $0 $0 $0 $0 1.6 Project Management $34,023 $2,370 $3,710 $2,045 $1,136 $43,284 2.1 Environmental Clearance and Permitting $9,434 $0 $59,079 $0 $0 $68,513 2.2 30% PS&E $1,691 $2,160 $0 $5,555 $0 $9,406 2.3 70% PS&E $18,398 $0 $0 $7,151 $0 $25,549 2.4 90% PS&E $68 $0 $0 $1,360 $0 $1,428 2.5 100% PS&E $14 $0 $0 $280 $0 $294 3.1 Bidding and Construction Support $0 $0 $0 $0 $0 $0 Totals: $82,304 $14,025 $62,789 $24,838 $10,124 $194,079 Amendment No. 2 -total $100,175 $18,885 $67,089 $25,364 $11,056 $222,568 DESCRIPTION TYLI TPC EDAW GEOCON WEST TOTAL Ori final Contract - (2006) $147,764 $85,295 $64,029 $18,765 $28,489 $344,342 Amendment No. 2 - (2008} $100,175 $18,885 $67,089 $25,364 $11,056 $222,568 New Contract Total $247,939 $104,180 $131,118 $44,129 $39,545 $566,910 Western Bypass Amendment 2 Fee_05-06-08_v11 Page 1 of 1 Printed: 06/10/2008 Western Bypass Bridge over Murrieta Creek Exhibit e Pay Rates Consultant and Subconsultants TYLIN Rate Supervising Bridge Engineer $185 Senior Bridge Engineer II $160 Bridge Engineer II $125 ssistant Bridge Engineer $105 Structural Technician III $110 Structural Technician Tech II $95 TPC Rate Principal Engineer $185 Senior Engineer $165 ssociate Engineer $120 Senior Designer $105 ssociate Designer $90 Senior Surveyor $155 Survey Crew $190 EDAW Rate Environmental Principal $225 Project Manager $125 Environmental Engineer $115 Senior Biologist I $140 Biologist II $135 rch. Hist. II $110 GIS Specialist $100 West Consultant Rate Principal $160 Project Manager $179 Senior Engineer $142 Staff Engineer $99 Hydrologist $93 Clerical $43 Staff $85 Geocon Rate ssociate Engineer $175 Senior Engineer $140 Sr. Project Engineer $125 Project Engineer $115 Word Processor $69 Draftsman $69 ITEM N~}. 11 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Amend the scope of work for the Citywide Concrete Repairs FY2007-08, Project No. PW08-01 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Kendra Hannah-Meistrell, Assistant Engineer RECOMMENDATION: That the City Council: 1. Amend the scope of work for the subject project to expend previously budgeted funds; 2. Increase the City Manager's change order approval authority by $31,288.75. BACKGROUND: The Public Works Maintenance Division budgeted $135,000.00 for construction of the Citywide Concrete Repairs FY2007-08, Project No. PW08-01. On April 8, 2008, City Council awarded the construction contract to International Pavement Solutions, Inc. in the amount of $82,969.00 and authorized the City Manager to approve change orders not to exceed the contingency amount of $20,742.25, leaving $31,288.75 available to complete additional concrete repairs. The project is currently under construction and the Public Works Maintenance Division has identified additional areas in need of repair that will exceed the authorized contingency amount. Damaged curb & gutter, sidewalk, drive approaches, cross gutters, and ADA ramps in Rancho Highlands and Old Town would be added to the project. FISCAL IMPACT: The Citywide Concrete Repairs FY2007-08, Project No. PW08-01, is funded with the Public Works Maintenance Budget for routine street maintenance. Adequate funds are available within this account, No. 001-164-601-5402, forthis $31,288.75 request. The total cost of construction will be $135,000.00, which includes the $82,969.00 contract plus the $20,742.25 contingency, plus this additional $31,288.75. ATTACHMENTS: None ITEM N~}. 12 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Amend the scope of work for the Citywide Slurry Seal Project FY2007-2008, Project No. PW08-02 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Kendra Hannah-Meistrell, Assistant Engineer RECOMMENDATION: That the City Council: 1. Amend the scope of work for the subject project to expend previously budgeted funds; 2. Increase the City Manager's change order approval authority by $23,500.15. BACKGROUND: The Public Works Maintenance Division budgeted $475,000.00 for construction of the Citywide Slurry Seal Project FY2007-2008, Project No. PW08-02. On April 8, 2008, City Council awarded the construction contract to All American Asphalt in the amount of $361,199.88 and authorized the City Manager to approve change orders not to exceed the contingency amount of $90,299.97, leaving $23,500.15 available to slurry seal additional streets. The Public Works Maintenance Division has identified additional streets in the Paloma del Sol area in need of slurry seal that will exceed the authorized contingency amount. FISCAL IMPACT: The Citywide Slurry Seal Project FY2007-2008, Project No. PW08-02 is funded with the Public Works Maintenance Budget for routine street maintenance. Adequate funds are available within this account, No. 001-164-601-5402, for this $23,500.15 request. The total cost of construction will be $475,000.00, which includes the $361,199.88 contract plus the $90,299.97 contingency, plus this additional $23,500.15. ATTACHMENTS: None ITEM N~}. 13 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Project Funding, Acceptance of Improvements and Notice of Completion for the Rancho California Road Widening South Side from I-15 to Old Town Front Street /Jefferson Avenue, Project No. PW02-19 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP David McBride, Senior Engineer -CIP RECOMMENDATION: That the City Council: Approve an increase in contingency funds of $126,615.24 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $284,110.34; and 2. Accept the Ranch California Road Widening South Side from I-15 to Old Town Front Street /Jefferson Avenue Project No. PW02-19, as complete; and 3. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 4. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed; BACKGROUND: This purpose of this project was to construct a dedicated right turn lane for eastbound Rancho California Road (RCR) motorists to southbound Interstate 15 and to construct an additional left turn lane from westbound RCR to southbound Old Town Front Street. On February 27, 2007 the City Council awarded the projects' construction contract to Sean Malek Engineering in the amount of $1,574,951.00 and authorized a contingency in the amount of $157,495.10, 10% of the contract amount, for a total authorization of $1,732,446.10. During the course of the work, there were changes required over the original contract amount, the majority of these expenses relate to unforeseen subsurface conditions as the project is located within one of the most utility intensive areas in the City. Some of the larger expenses involved Caltrans requiring a relocation of their electrical and landscaping controls at the southbound on ramp, reworking of the electrical feed and water supply to the City's median on Rancho California Road, replacement and realignment of a deteriorated storm drain line and resolution of extensive subsurface conflicts with the City's traffic signal electrical service and fiber optic routing, and conflicts with other utilities. Staff was able to negotiate fair and reasonable compensation for all required extrawork. However, the project 10°~ contingency is insufficient to cover the $284,110.34 needed for all required extrawork. The $284,110.34 less the 10% contingency of $157,495.10 and less the cumulative reduction in bid quantities of $21,205.50 results in a need of $126,615.24 in additional contingency to close out the project. Staff anticipated these additional expenses and included a revised appropriation for this project in the Mid-Year Budget Adjustments approved by City Council on February 26, 2008. Therefore staff is recommending that Council approve an additional $126,615.24 in contingency funds for the project. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one {1} year from the date the City obtained "beneficial use" (i.e. November 19, 2007) of the project improvements. The retention for this project will released pursuant to the provisions of Public Contract Cade Section 7107. FISCAL IMPACT: The RCR Widening Project PW02-19, is a Capital Improvement Project funded by Development Impact Fees (DIF) -Street Improvements, and Measure A funds. There is sufficient project fund balance for the additional $126,615.24 in contingency needed to close out the project. The total construction cost is $1,859,061.34, which is comprised of the original contract amount of $1,574,951.00 and the required extrawork items totaling $284,110.34. ATTACHMENTS 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Sean Malek Engineering $~ Construction {43905 Margarita Road, Temecula, CA 92592) to perform the following work of improvement: RANCHO CALIFORNIA ROAD WIDENING SOUTH SIDE FROM I-15 TO FRONT STREET (Project No. PW02-19} 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on June 24, 2008. That upon said contract the First National Insurance Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: RANCHO CALIFORNIA ROAD WIDENING (Project No. PW02-19) 6. The location of said property is: Rancho California Road, Temecula, California 92589 Dated at Temecula, California, this 24th day of June, 2008 City of Temecula STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Janes MMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 24th day of June, 2008. City of Temecula Susan W. Jones MMC, City Clerk C:~Program Files (x86 }1Neevia.Com~Docurnent Conver[erltemp1885314.doc BOND #6473488 PREMIUM INCLUDED ON PERFORMANCE BOND EXECUTED IN DUPLICATE CRY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW02-18 RANCHO CALIFORNIA ROAD N?DE7V7NQ FROM F73 TO FRONT 97REET KNOW ALL PERSONS BY THESE PRE9FJdTTHAT: SEAN MALEK ENGINEERING 8 CONSTRUCTION, 43905 MARGARITA ROAD, TEMECULA, CA 92592 NAME AND ADDRESS CONTR4CTOR'S a horeinafter called Prlncipel, and (tiy m ,«'wtlw s Como+oMon, d FIRST NATIONAL INSURANCE COMPANY OF AMERICA. 120 VANTIS, ALISO VIEJO, CA 92656 NAME AND ADDRESS OF SURETY hereMafter called SURETY, are held and firmly twursd unto CITY OF TEMECULA, hereinafter called OWNER, in the penal gum Of ONE MILLION FIVE HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED FIFTY ONE DOLLAR and --- --------- CENTS (: 574,ssr oo--------tin lawful money d the Unked States, aald sum belnp not esa Than ten Copy of the Contract value payable by the Bald Clry of Temecula under the terms of the Contract, for the payment of whlrm, we bind ourselves, euccessore, end assigns, Jointly and severally, finny by these presents. THE CONDITION OF THIS OBLIGATION Ic such that whereas, the Principal entered Into e certa;n Contract wflh the OWNER, dated the ~7h_ day of Fetxuerv , 2006, a copy of whicdr le hereto attached and made a pert heroof far the construction of PROJECT NO. PWOZ-19, RANCHO CALIFORNIA ROAD tNIDBNING 9017TH SlDB FROM b11i TO FRONT STREET, WHEREA6, said Contract provides that the Prlndpel will lumish a pond conditbned to guarantee for Ifte period of gne (1) year after approval of the final estimate on said job, by the OWNER, ageincl ell defects In workmanship end materials which may become apparent during said period; end WHEREAS, the said Contrail has been competed, and was the final esUmete approved on June 24th .2008. NOW, THEREFORE, THE CONDITON OF THIS OBLIGATION IS SUCH, that ll wftitln one year hom the date of approve' of the final estimate on said Job pureuent to the Centred, the work done under the terms of Bald Contras shell dlsckme poor workmanship In the execution of avid work, end the carrying out of the tenna of SaW ConiracL or it shall appear that defesive materials were famished thereunder, than this oWlgatbn shall remain In lull force and virtue, othervnlse dtic Inclrument shall be vokf. As a part of the obligaton secured hereby end In addition t0 the lace amours specified oostc and reasonable expenese end fees shag be Irrduded, inoluding reasonable ettomeys fees Mcuned by Rre Clty of Temectrle in successfully entordng this obligation, all to be taxed ag costs and Mcluded in any Judgment rendered. The Surely nersbyy stlpulates and agrees that no change, extanslon of time, efteretion, or addfllon to the terms of the Corriract, or to the work to De performed thereunder, or to the apeclflcalbns accompenyUtg the same. shall in any way affect Ira obpgatlons on this bond, end It does hereby waive notice of arty such change, exlenabn of time, alterotlon, or addltbn to the terms of the CAnhett, or to the work, or to the 3pecHicattons. Speed end sealed this LOTH d,y of JUNE pppg (~~ IT NATIONAL INSURANCE COMPANY OF AMERICA SEAN SURETY t PAINCII ~~ ~~ r.~l DWIGHT REILLY ~~ (ATTORNEY-IN-FACT ( i~ le (Tlnp APPROVF.O AS TO FOR[W; PsW M. Tnrson, Clry Arlomsy ~~ .S 1 ~ •.. f N ACKNOWLEDGMENT Slate of Califomia County Of ORANGE On JUNE 10th, 2008 befpre me, ALLISON RtTTO, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherftlteir authorized capacitr(ies), and that by hislfter/their signature(s) on the instrument the person(s), or the entity upon behaH of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct uusor+ intro Gpnmq{x1n A 1 S,y74A4 WITNESS my hand and offiGal seal. S ~„y ArCMc • caxanw 2 ~ prangs County t+N CorrNn. Erpres t)~ 2J. 20 Signature (Seal) LISON RITTO S A F E C O' POWER FlRSTNATKNNLIN9UMNCECONPANYOFAMERICA OF ATTORNEY PO 90%NSM FIRST NATIONAL SURETY SEATTLE. WA wl2a-Iti26 PO BUY 34526 tiEAI I'1 i(, WA 9R 124.1526 No. sVt KNOW ALL BY THESE PRESENTS: Thal FlRST NATIONAL fNSURANCE COMPANY OF AMERICA, a NhsltfrrRlon oorponaort, does hereby appoMt .•..•.•..•.•••..•.•. •...eo•.oe«•.•••••..•0 •••11.J IX1FLK, DWIGFR RFILLY, Arrherm,Cdifoma•••••••.••••.•••••.•.•...••••.••••••••.•. •.•...• Its aua and IawM atlomeyla)in-faa. wllh N auMOriry to execute on Da1taK at Me conpany faeliry and waly Doran or undMaldrga era oMar dogmenta o1 a similar charaaer iuued Dy Ihs cartparry in Me coons of M Dusirwsa, era to Oaa FIRRT NATIONAL INRURANCE COMPANY OF AMERICA MeroDy as fully as if such inatnanams had Oeen duM exewlad Dy its repWarry ebcrod oRgrs al its home oTq. IN W17NES8 WHEREOF, FlRST NATIONAL INSURANCE COMPANY OF AMERICA Ire easadad aro alralatl IMw pnwms Mw I IIh day d January Nq5 ~~ ~`~'y~ Ca1R18TINE HEAD, SECRETARY MIKE YCOAVICK PRESIDENT CERTIflCATE 'Aruca V, Seaon t0. • FIDELI'Y AND SURE'Y BONDS ... tlta PnaaeM, any Yq Prwidem, Ms Saaalary, and soy AuWaM Vxx Presaent appolmad for toot pwDOw Dy the oNgr h Idrrpa of wary operahans. atoll aacn har• Mrtonry to appont aaniduala u adomeya-at-lad or under oMar appmpnafa IIWs wM authonry to axawte on OaMlf al the comparry RdalKy era wrsry Gonda and dlrr doalmsnu d ahnaar dtaralder iaalwd by the company in Me oouru d Its Duanws.. On any irtMnrment rrnkatp a ewaenartp wet appovamant. the agnaluna mry M afRaad DY lanutlmas. On cry Irgtrumenl gnNnlnp wet authordy a on any DonO or underukhtR d the company. Me seal, or a feglmse Msnaf. mry a Improsaad or affixed or In err/ dMr manna roDroduoed: provided. however. Mel ttte seal alga nd De Mgssary 40 tM wUdhy Of amy {Uat tnsvtmwA W urtdeNalrtp Email hom a RaeoKllbn d Me Bond of Deeaon d FIRST NATIONALINSURANCECOMPANY OF AMERICA adoprd July 2R. 1970 'On arry gNRgte lxaallad DY Ma $aasrry a an awrrnt aeaerry of lha G^WanY NMY1p out. p) TM protAYana of ANae V, Segon 1 J d tlr By{m, era (r) A nApy of Ma power-of-attorrrY aDOd^iment. axeaded puawrd NersOO. aM (V) Grtilyklq Pat wld power-ol~atlonry eppolnNwnt r. h Gal force and eNeU, IM tigtalu• of MB gNlylrtp oHgr may De Dy famimlle, and the swl of tM CgWa^Y may De a lanudmlle drraol.' I, Chrbtlns Mead, Seaerry d FlRST NATIONAL INSUNANCE COMPANY OF AMERICA do honey gmry MN Ms IpragrthR amecr d the By{awn era 01 a ReaoN7lon d tlw Board d praacn of Mia corporation. and of a Power o/ AltorneY owed punuad Iheret0, aro tow aM carers, and Mal DoM the BY-Laws. Ms Resolution era the Power d Atlomey era tall h hla fag era aMSa. IN WITNESS WHEREOF, I Mvy1 hereunto set my nand and atTord Me IalairtM wsl d said cprpaatan 10TH d,yd JUNE 2008 Sp\aaCf CO ~~ •0 ei SEAL s ~Hq~192E ..~,,r ~i~ Mtn ~a • • CHRISTINE MEAD. SECRETARY s 10aalGNEF rive e A repbwae beeemen a sAFEto Corporw~on 01!1112005 POF w 1 • , CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW02-19 RANCHO CALIFORNIA ROAD WIDENING SOUTH SIDE FROM 1-15 TO FRONT STREET This is to certify that Spa ~ ~N~IeK M 3 vs- (hereinafter the °CONTRACTOR") declares to the City of Teme ,under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR'S agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW02-19, RANCHO CALIFORNIA ROAD WIDENING SOUTH SIDE FROM I-15 TO FRONT STREET, situated in the City of Temecula, State of California, more particularly described as follows: /' ~nCb~~J-nvY~~G 2nA--~ f•~r~ r~inG PWO 2 -~9 INSERT ADDRES OR DESCRIBE L ATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, aril each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated: O6 - O S - Z aOg ey: / ignature ,1~ tt .SFA w/..Q• ~AIP.~ZCIA_4_ h Print Name and Title ITEM N~}. 14 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Professional Services Agreements for Real Estate Appraisal Services for Various Capital Improvement Projects for Fiscal Year 2008-2009 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP Laura Bragg, Project Engineer-CIP RECOMMENDATION: That the City Council: 1. Approve an agreement with Mason & Mason Real Estate Appraisers & Consultants in the amount of $50,000 to provide as needed real estate appraisal services; and 2. Approve an agreement with Riggs & Riggs, Inc. in the amount of $50,000 to provide as needed real estate appraisal services; and 3. Approve an agreement with Lea Associates, Inc. in the amount of $50,000 to provide as needed real estate appraisal services; and 4. Approve an agreement with BTI Appraisal in the amount of $50,000 to provide as needed real estate appraisal services; and 5. Approve an agreement with Warren H. Neville, MAI in the amount of $50,000 to provide as needed real estate appraisal services; and 6. Approve an agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $50,000 to provide as needed real estate appraisal services; and 7. Authorize the Mayor to execute the agreements BACKGROUND: There are various projects described in the Capital Improvement Program for Fiscal Years 2009-2013 that will require real estate appraisal services. The attached agreements are for six (6) separate one year agreements to provide as needed services. These services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up throughout the year. A Request for Qualifications was sent out April 21, 2008, with nine firms responding on May 9, 2008. Of the nine firms that responded, six firms have been selected for an annual agreement so that the City is assured that at least one firm will be available when needed. The City reserves the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. Once the agreement is executed, each service request will be negotiated separately and may contain some or all of the following: • Research andlor review Title Reports • Prepare necessary surveys and identify existing right-of-ways • Prepare description of properties including, but not limited to, present use, zoning, shape contour and elevations, utilities, etc. • Prepare necessary legal descriptions, exhibits and any other miscellaneous services for acquisition purposes • Provide assistance to the City, as necessary, to acquire right-of-way, preparation of easement documents, permission to enter/grade letters, etc. • Appraise properties for the purpose of estimating marketvalue and provide appraisal reports The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultantwill submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CI P projects will utilize the services underthese agreements, unless directed otherwise by the City Manager or City Council. Individual service requests are funded by various funding sources approved for each project. ATTACHMENTS: 1. Professional Services Agreement with Mason & Mason Real Estate Appraisers & Consultants 2. Exhibit A -Mason & Mason Scope of Wark 3. Exhibit B -Mason & Mason Payment Rates 4. Professional Services Agreement with Riggs & Riggs, Inc. 5. Exhibit A -Riggs & Riggs Scope of Work 6. Exhibit B -Riggs & Riggs Payment Rates 7. Professional Services Agreement with Lea Associates, Inc. 8. Exhibit A -Lea Assoc. Scope of Work 9. Exhibit B -Lea Assoc. Payment Rates 10. Professional Services Agreement with BTI Appraisal 11. Exhibit A -BTI Scope of Work 12. Exhibit B -BTI Payment Rates 13. Professional Services Agreement with Warren H. Neville, MAI 14. Exhibit A - W. Neville Scope of Work 15. Exhibit B - W. Neville Payment Rates 16. Professional Services Agreement with Robert Shea Perdue Real Estate Appraisal 17. Exhibit A -Perdue Scope of Work 18. Exhibit B -Perdue Payment Rates AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND MASON & MASON ANNUAL AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation ("City") and Mason & Mason Real Estate Appraisers & Consultants "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one (1) year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. 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 website at http://www.dir.ca.gov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885506.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,OQ0.00) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar 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 5. 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 ar duty to continue compensating Consultant far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: Mason & Mason Rea! Estate Appraisers & Consultants 2609 Honolulu Ave., Suite 100 Montrose, CA 91020 Attention: Frances Wolfe Mason, MAI 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct ar indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Mason & Mason Real Estate Appraisers & Consultants 2609 Honolulu Ave., Suite 100 Montrose, CA 99020 Attention: Frances Wolfe Mason, MAI Phone: (898} 957-9889 Fax: (898} 957- 9899 Frances Wolfe Mason, MAI, President [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 ;) Exhibit A -Mason and Mason In preparing appraisal reports for the City of Temecula, the appraiser will complete the following: x • Send Notice of Appraisal Inspection to property owner, if applicable; • Meet with City staff to fully understand the appraisal issues; } • Identify the appraisal problem, purpose of the assignment, effective date of the appraisal, ~ ; relevant characteristics, scope of work and any extrtordinaryassumptions; • Property inspection; i • Reseazch of property history and review of title reports; _`~ • Prepare necessary surveys and identify existing right of ways; • Research information regazding subject's general plan, zoning, circulation plan, seismic, and other considerations; ~, • Research available and proposed utilities in the azea; • Reseazch market conditions affecting tlae subject property; ~. • Research and gather data on sales of applicable market data within the subject's mazket azea; • Develop opinion of the highest and best use of the subject property; r • Physically inspect, photograph, and confirm the sales data though public records, multiple 7 listing. service, buyers, sellers or brokers; 1 • Interview area real estate agents/brokers to discuss sales and listings in the area; • Value the subject propertyutilizing the Cost, DirectSales Comparison and Income . Capitalization Approaches to value, as applicable; ! } Conclude Compensation and/or fair market value using recognized methods in a manner that is notmisIeading. In preparing review appraisal services for the City of Temecula, the appraiser will complete the following: ::i • Develop. and report a credible opinion as to the quality of another appraiser's work and cleazly disclose the scope of work performed in the assignment (Standard 3}; • Identify the reviews client and intended users, intended use of reviewer's opinions and ~ `~ conclusions, and ose of assi Purp gnment; ~? , • Identify scope of work to be performed; ~~ • Identify subject of review, date of review, property and ownership appraiser, date ofwork ~ under review and appraiser who completed work under review; ; • ,Develop opinion as to the completeness of material under review; ; f.. • Develop opinion as to the adequacy and relevance of data and the proprietary of any .' adjustments to the data; • Develop an opinion as to the appropriateness of the appraisal methods andtechniques used, j and develop reasons for disagreement, if any. ~: ~- Exhibit ;~, MASON & MASON Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, California 91020-1706 Telephone (818) 957-1881 Fax (878) 957-1891 e-mail: imason~mason2.com 2008 STANDARD FEE SCHEDULE Compensation for work performed on a fime-and-materials basis will be computed as follows through December 31, 2008: APPRAISAL AND PROJECT SUPERVISION SERVICES Principal Appraiser $225.00 to $425.00/hour Associate Appraiser $200.00 to $300.00/hour • Research $ 85.00 to $150.00/hour EXPERT WITNESS SERVICES Valuation, Consultation, Deposition, and Court Appearance Frances Wolfe Mason, MAI $425.00/hour Bradford D. Thompson, MAI, SR/WA $300.00/hour ,- ~ Vincent G. Maher, MAI $225.00 hour Lisa M. Benson, MAI $250.00/hour Kate C..McWatters, MAI SRA $250.00/hour Harry A. McWatters, MAI $200.00/hour Kim Pasquariello, SR/WA $225.00/hour ,.) Kevin Burke $150.00/hour Scott Thompson $150.00/hour Clerical Research ;,_~ Court Exhibit Preparation ..Minimum Charge for Deposition .and Court Appearances MISCELLANEOUS EXPENSES The following are billed at cost: \~ • .Subcontractor Services • Printing Services • Photo Services • Court Exhibits • Long Distance Telephone Calis, Fax, etc. • Commercial Delivery Services • Computer Services • Air Transportation and Travel Expenses • .Automobile Travel @ $0.485 per mile $60.00 to $ 75.00/hour $85.00 to $150.00/hour $75.00 to $ 85.00/hour 4 hours Revised o5/OB AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND RIGGS &RIGGS, INC. ANNUAL AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation {"City") and Riggs & Riggs, 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 July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one {1} year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics {CPI}. 2. 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 website at http://www.dir.ca.goy Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885507.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,OQ0.00) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar 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 5. 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 ar duty to continue compensating Consultant far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: Riggs & Riggs, Inc. 4995 Valley Fair Street, Suite 207 Simi Valley, CA 93063 Attention: Joyce L. Riggs, MAI 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Riggs & Riggs, Inc. 4995 Valley Fair Street, Suite 207 Simi Valley, CA 93063 Attention: Joyce L. Riggs, IUTAI Phone: (805) 578-2400 Fax: (805} 526- 6097 Jayce L. Riggs, MAI, Vice President [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Ex15~bit A- Riggs & Riggs I. Executive Summary: Riggs & Riggs, Inc. is a California corporation founded in 1995, specializing in real estate appraisal and consulting services. Our Federal Tax Identification Number is 95-4612524. Our offices are located at: 4195 Valley Fair Street, Suite 207 Simi Valley, Califomia 93063 (805) 578-2400 (business) (805) 526-6097 (fax) e-mail: rig inc~u.sbcglobal.net. (Bryan Riggs) jlriees(a~sbcplobal.net. (Joyce Riggs) The equal shareholders of Riggs & Riggs, Inc. include Bryan G. Riggs and Joyce L. Riggs. We currently have six employees, and one independent contractor. Joyce L. Riggs, MAI, SR/WA is the designated Project Manager for this RFP. Bryan G. Riggs, MAI, SR/WA is the Co-Project Manager. Riggs & Riggs, Inc. is a Certified Small Business Enterprise with a Coalition of Southern California Public Agencies including Metropolitan Water District, City of San Diego, Los Angeles Unified School District, San Diego County Water Authority, Port of Long Beach, Minority Business Development AgencyandtlteLos Angeles Community College DistrictthroughOctnber 17, 2010. Riggs &Riggs, Inc. is also certified as a Small Business with the State of California, Department of General Services, No. 44630 through February 28, 2009. II. Idenfification (Firm and Subcontract~t• A. Firm Please refer to the Firm Biography and principal appraisers' qualifications attached for a detailed description of our experience. Riggs & Riggs, Inc. has prepared numerous appraisal assignments for redevelopment, acquisition, and condemttation purposes for public agencies including full and partial acquisitions of fee, permanent easement, and temporary easement rights and analysis of severance damages and benefits as aresult of the construction in the mannerproposed. Riggs & Riggs, Inc, has been providing these services to public agencies since 1999, and even more predominantly since 2001. As such, we are very familiar with California law relative to eminent domain procediues concerning acquisition and disposition or properties. A list of our Business References are also attached. The key staff personnel are State of California Certified General Real Estate Appraisers and include: JoyceL.Riggs,MAI,SR/WA,andBryanG.Riggs,MAI,SR/WA. Acopyofeachcertificateisattached. Supporting staffincludes Mark Brusca, Daniel 1{azden, Ben Seitz and Heather Riggs, asAssociate - Appraisers, aswell as PamelaBurkle, whoprovides clericalsupport. Riggs &Riggs, Inc. is afull service Earn with up-to-date computer and publishing equipment to provide appraisal and consulting services. I Riggs & Riggs, Inc. subscribes to a number of data services, including Costar Comps, NDC, MLS, Loopnet, Marshall Swift and Fastweb. is s-' j. j ~. ~., 1 Exhibit A -Riggs & Riggs Joyce L. Riggs, MAI, SR/WA -Project Manager, Vice President, CFO, and Appraiser Bryan G. Riggs, MAI, SR/WA - Presidern, Appraiser, and Co-Project Manager Mark D. Brusca, Associate Appraiser Daniel J. Razden, Associate Appraiser Begjamin J. Seifz, Associate Appraiser Heather N. Riggs, Associate Appraiser SubcontraMors: Robert B. Riggs of SimpatHco, Inc. -Real Estate Appraisal $c Consulting Riggs &Riggs, Ine.'s Sapport Staff: Pamela E. Burkle, Appraisal Support B. Subcontracts Subcontractor to Riggs & Riggs, Inc. includes: Robert B. Riggs. Mr. Riggs provides appraisal support and consulting services. Mr. Riggs' company islmown as Simpattico, Inc. with office located within the same suite as Riggs & Riggs, Inc. III. Experience: A. Relevant Experience and Qualifications in Performing Right pf FV~ AQSian_ments Pleasereferto theFirmBiographyandprincipalappraisers' qualificationsattachedforadetaildescription of our experience, resumes, licenses and certificates. The firm's speciality is the appraisal of full and partial acquisitions of permauent and temporary rights needed for public projects, including eminent domain court testimony. Riggs & Riggs, Inc. has prepared numerous appraisal assignments for redevelopment, acquisition, and condemnation purposes for public agencies including full and partial acquisitions of fee, permanent easement, and temporary easement rights and analysis of severance damages and benefits as a result of the construction in the mamter proposed. A list of our Business References are also attached. Joyce L. Riggs, MAI, SR/WA has functioned as a project manager on several larger projects. Between 1991 to 1993, Joyce served as the appraisal contract manager for a larger reservoir project in Riverside County, now lmown as the Diamond Valley Reservoir, for the Metropolitan Water District of Southern California. Itt that capacity, it was Joyce's responsibility to retain independent appraisels to complete appraisals of full and partial acquisitions, review appraisal reports, attend bi-monthly meetings with the main Project Manager, engineers, environmentalists, attorneys, acquisition agents, relocation agents, and title representatives regarding the project, meet with property owners to assist acquisition agents in the explanation of appraisal reports. 2 Exhibit A -Riggs & Riggs Between 1993 to 2001, Joyce was employed by Mason & Mason. During that tenure, Joyce was responsible for co-managing and appraising over 400 properties in two multi-property inverse condemnation cases in Ontario against the City of Los Angeles Department of Airports, in which we represented the City of Los Angeles and another similar case on behalf of Santa Monica Airport. Joyce was responsible for mailing Notice of Decision to Appraise letters to all owners, maintaining a database for each ownership, inspecting and preparing appraisals together with Frances Mason, MAI, for each ownership, preparing trial exhibits, and maintaining close communication with our client relative to all activities. .Since joining Riggs & Riggs, Inc. as Project Manager, Joyce is servicing appraisal and consulting assignments for numerous parcels in projects for Alameda Corridor East - Constmction Authority (ACE) in the San Gabriel Valley, 21 parcels in the Van Buren Boulevard Road Widening project for the City of Riverside, the State of California Department of Transportation (Caltrans) in Los Angeles, Riverside, Ventura, Orange and San Bernardino, Metropolitan Water District of Southern California along Anza Road, temporary construction easements for San Diego Pipeline No. 6, and over 30 properties for the Riverside County Flood Control District's Murrieta Creek project Phase I and II in Temecula. Joyce has been responsible for negotiating contracts, overseeing assignments, meeting with property owners, preparing appraisals, being available for consultation, and providing expert witness testimony as needed. Please refer to the list of references for names and phone numbers of contact persons. In 2000, Joyce served as President of the Los Angeles Chapter (Chapter 1) of the International Right of WayAssociation. In 2003, Joyce served as President ofthe Southern California Chapter of the Appraisal Institute (SCCAI), and as such was responsible for overseeing all meetings, educational offerings, and Chapter operations, as well as attending Branch, Chapter and Regional Conferences. Both IItWA Chapter 1 and SCCAI are among the largest chapters in their respective organizations. Joyce has continued to be an active member, in both organizations, serving on or chairing valuatiott sc91Ln?ra. Bryan G. Riggs, MAI, SR/WA, has served as co-project manager on the Van Buren Road Widening projectinthe CityofRiverside in the coordinationof2l fee, permanent, TCE acquisitionsappraisals, and along Anza Road, Rancho California, for temporary construcdon easements on several ownerships for Metropolitan Water District of Southern California for the San Diego Pipeline No. 6, and the Flower Street Widening project in Glendale. In 2003 and 2004, Bryan served as Education Coordinator and Seminar Chairperson for SCCAL In these roles, he was responsible for preparing budgets for 13-18 seminars per year, and overseeing marketing efforts. 1n 2007, Bryan served as President and International Director for Chapter I of the IlLWA. Previously, Bryan served as Treasurer, for over two years, Vice President, and he is currently hnrnediate Past President for IItWA Chapter 1. The following is a partial list of appraisal assignments Riggs .& Riggs, Inc. has completed. The client, phone number, and property description are provided. Riggs & Riggs, Inc. can service a wide variety of propertytypes. The firm's speciality is the appraisal ofpartial acquisitions ofpermanent and temporary rights needed for public projects, including eminent domain court testimony, over the past 40 months. Exhibit A -Riggs & Riggs ~ ~ ~ ~O , ~ ~ ~ ~ ~ ti~ A~. Ri F.>. C 1/.. ~vu i. . .il%' w5.4.. . kt` ~ n. ..C ' Il. ~.3 .~`.~ ~. Property Address Date .•i ;: Client : ` ....:... ; Completatl , Comment :? I.and• Riverside County Cost 09/07 to Sherman Hom Various cost studies foz Studies 04108 Metropolitan Water District budgeting purposes for of Southern California numerous parcels (213)217-7765 Pechanga Parkway and 03108 Carol Chiodo Partial acquisition for Cupino,Temecula City of Temecula road project (951)694-6411 Temecula Creek and Jedediah 03/08 Cazol Chiodo Partial acquisition for Smith Road City of Temecula conservation project Temecula (951)694-6411 Indian Avenue and I-10 01/08 Stephi Villanueva Partial acquisition Palm Springs and Department of Facilities involving 171azger Unincorporated Riverside Management parcels County Couttty of Riverside (951)955-9277 895 Adell Street 10/07 Charles Belenky, Esq. Partial acquisition of San Bernazdino Caltrans industrial land for Z1S (213) 687-6000 Freeway project 8812 Haven Avemie ICirsten Bowman, Esq. Partial acquisition of Rancho Cucamonga 08/07 Richazds Watson & Gershon industrial land (213)626-8484 Mission Boulevard and Soto 03/07 Stephi Villanueva Partial acquisition of Rubidoux, Riverside County. Department of Facilities agricultural property Management County of Riverside (951) 955-9277 T-10 and Palm Drive 03/07 Stephi Villanueva Partial acquisition of Palm Springs, Riverside Department of Facilities commercial and open County Management space land County of Riverside (951) 955-9277 Carrack Avenue and Pier B 01/07 David Guder Full fee acquisition of Street. SCE i ndustrial property Long Beach Project Manager (714} 934-0853 4 Exhibit A -Riggs & Riggs Willis Drive 11/06 Alison Bums, Esq. Full take of residential Loma Linda Stradling, Yocca, et al. land (949) 725-4000 Telegraph Road 08/06 Keith McCullough, Esq. Part take of open space Filhnore, Ventura County Adoro, Yoss, et al land for public project (949)955-6800 37'" and Flower Streets 05/06 James Blackman Partial fee acquisition of Los Angeles MTA commercial land from Los Angeles County an office property (213) Golden Valley Road Flyover 04/05 Bazbaza Stoll Part take of vacant. Soledad Canyon Road City of Santa Clarita industrial, residential Santa Clarita (661-286~F046 and open space land El Sobrante Road by Lake 02/05 Paul Norlen, MAI Ground market rent Matthews MWDSC valuation of open space Riverside County (213)217-7665 land North of Nazcissa Drive O1/OS Debbie Townsend, Full take acquisition and Southwest Crenshaw Executive Duector Rancho Palos Verdes State of California Wildlife Conservation Board (916)445-1113 Henry Ford Avenue 12/04 Larry Ditchkus Partial fee and easement Long Beach and Port of Long Beach acquisition of industrial (562) 590 162 property by the City of Long Beach Harbor Department for a proposed public rail expansion project Phelan Road and Hwy. 395, T- 04/01 to .William Rittenburg, Esq. Full and partial 1 S, Hesperia, San Bemazdino present William Kamizolas, Esq. acquisitions of vacant County and Highland Avenue Chazles Belenky, Esq. land including fee, Fontana/Rialto/Sau Caltrans permanent, and Beruazdino (213) 687-6000 temporary construction easement interests, and severance damages L Residenhal•: U 1691 Mesa Drive OS/08 JefJ'rey M. Richard, Esq. Partial acquisition or a Santa Ana Heights Orange County Counsel 180 unit apartment Orange County (714) 834-2002 complex for road widening project S Exhibit A -Riggs & Riggs Screenland Drive and Maple 04/07 Jacqueline Rosen, Esq. Partial acquisition of Street Caltrans SFR and duplex Burbank (213) 687-6000 for freeway project (pending litigation) Kenwood Drive 04-07 Julie Del Rivo, Esq. Partial acquisition of Burbank Caltrans 141 unit apaztment (pending litigation) (213) 687-6000 complex for freeway project Imperial Terrace Lane 03/06 Scott Fridell Full take of a 40 unit Anahemr Caltrans apartment complex for (619) 645-2366 eminent domain testimony Geyser Avenue 02/06 Community Redevelopment Single family residence Northridge Agency of the City of Los Angeles (213)977-1703 Alma Drive 02/06 James Blackman Full fee of several SFR Los Angeles. MTA and duplex units (213)922-2432 12efail/Aatomohve , ,, 64200 2vd Avenue 02/08 Stephi Villanueva Partial acgmsttion of gas North Palm Springs Department of Facilities station/convenience Management store property for I-10 County of Riverside and Indian interchange (951)955-9277 4153 and 4156 Baldwin 07/07 Gary Peck Full take of automotive Avenue, El Monte Paragon Partners service building properly Valley View Avenue and 04/07 Holly Rockwell Part take ofmulti-tenant Stage Road Epic Land Solutions retail/industrial pazk for Santa Fe Springs (310) 378-1178 grade separation project Manchester Boulevard 02/06 William Kamizolas, Esq. Full take of Buena Park Caltrans restauranUnightclub (213)687-6000 Raymond Avenue 02/05 James Blackman Partial acquisition of U- Pasadena (213) 922-2432 Haul facility Van Buren Boulevard Road 11/04 Kim Reed Full and part takes of Widening Project to City of Riverside several retail, office and Temecula - 21 Parcels 1/OS (951) 826-5462 residential properties 6 I ~::. _; ~:. t 5 i. ~: i ~: FF i Exhibit A -Riggs & Riggs Office. 201 North Hollywood Way 07!07 Daniel Mansueto Full acquisition of Burbank Caltrans multi-tenant office (213) 687050 building for grade separation project for 134 Freeway 4156 Baldwin Avenue 05/07 Gary Peck Full acquisition of office EI Monte Paragon Partners building properly for. grade separation project Washington Boulevard OS/OS Ray Barrera, Esq. Partial fee and TCE for Culver City Caltrans 405 Freeway widening (213) 687-6000 project Main Street 08!03, Kelly Kitasato Partial acquisition of a Riverside 06/04 and City of Riverside mixed use officelretail OS/OS (951)826-5343 building InilustriaL '" 207 South I Street 12/07 Julie Del Rivo, Esq. Partial acquisition of 3 San Bernardino Caltrans industrial warehouse/ (213) 687-6000 office buildings for 215 Freeway widening project Valley View Avenue 03/07 Holly Rockwell Part take of several Santa Fe Springs and La Epic Land Solutions industrial properties Mirada (310)378-1178 East Slauson and Laura 09 /06 Regina Danner Full take of eleven Avenues; Duarte Street Richards Watson & Gershon properties for Huntington Park and (213) 9626-8484 redevelopment project Monrovia 1045126's Street 09!06 Kirsten Bowman, Esq. Part take of land from Rancho Cucamonga Richards Watson & Gershon industrial building for (213) 9626-8484 grade separation project Arroyo Street 03/06 David L. Roberts Full fee acquisition for San Fernando and Los City of Los Angeles fire station Angeles (213) 922-8546 Flower Street and Western 12!05 Jim Overeamp Part take of 8 industrial Glendale Epic Land Solutions properties (310)378-1178 A more detailed list of assignments in other parts of Southern California can be provided upon request. 7 Exhibit B -Riggs & Riggs B. Financial Ability Riggs 8c Riggs, Inc, is financially capable of completing work over an extended period oftime, and tazge projects, as is evidenced in our Summary of Client Projects. C. InsurauaucelRe ugulatory Censure Riggs & Riggs, Inc. carries all of the typically mandated levels of insurance required by the City of Temecula, including general liability and worker's compensation insurance with $1 trillion limits. Our coverage for Professional Liability insurance has policy limits to $2 million General Aggregate and $ I million Each Claim Additional insurance can be obtained ifnecessary. Riggs & Riggs, Inc., nor any of the appraisers at Riggs & Riggs, Inc., have ever been subject to anyregulatory censure or litigation. Riggs & Riggs, Inc. and its employees have no history of violations or denial ofpre-qualification or awazd of contract, disbarment of licenses, designations, or other irregalazities with respect to any federal, state, or local government or procurement agencies. D. Hourly rates associated with appraisal and consulting assigrunents are listed below. All appraisal assignments will be based on a fixed fee per assignment including overtime and mileage costs but vary on complexity of assigmnent. Any additional analyses or meetings, pretrial, and trial time which are beyond the scope of the contracted appraisal assignment aze billed based on the following list. Out of pocket expenses associated with trial prepazation and testimony shall be submitted as a reimbursable expense. Project Managgr Aprraiser. Consultant: Joyce L. Riggs, MAI, SR/WA Bryan G. Riggs, MAI, SR/WA Appraisers and Consultants Mark D. Brusca Daniel J. Kazden Benjamin J: Seitz Heather N. Riggs Administrative Services: Pamela E. Burkle Subcontractor: Robert B. Riggs $250/hour $250/hour $150/hour $125/hour $125/hour $100/hour $75/hour $125/hour 8 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND LEA ASSOCIATES, INC. ANNUAL AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation {"City") and Lea 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 July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one {1} year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics {CPI}. 2. 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 website at http://www.dir.ca.goy Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885509.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,OQ0.00) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar 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 5. 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 ar duty to continue compensating Consultant far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: Lea Associate, inc. 9635 Pontius Avenue Los Angeles, CA 90025 Attention: Robert 11/l. Lea, MAI 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Lea Associates, Inc. 9635 Pontius Avenue Los Angeles, CA 9©025 Attention. Robert lVI. Lea, MAI Phone: (390} 477-6595 Fax: (390} 994-0249 Robert M. Lea, MAI, Chief Executive Officer [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 .J Exhibit A -Lea Assoc. -n ~. INTRODUCTION Lea Associates, Inc., is afull-service real estate consulting firm which provides real property valuation ~_~ appraisal services. Lea Associates has been in continuous operation since 1976 and has specialized in acquisition and eminent. domain appraisal services: The firm does provide a broad range of services ,, -~ inclusive of financial appraisals, rental analysis, litigation support, damage analysis and other types of .appraisal services: Working with public sector agencies, attorneys, acid acquisition agents, we have a clear and concise understanding of required federal regulations, state and county laws relating to the provision ~.-. of appraisal services, determination of fair market value as defined by legal constraints and public sector acquisitions. We have the experience necessary to deal with owner-occupants in redevelopment project areas, working with other acquisition agency personnel, integration and coordination of meaningful communication between community residents and agency personnel. Further, our strength and ability to provide consistent communication and contact with property owners and/or relevant acquisition and relocation professionals provides us with the tools necessary to complete appraisal work effectively and consistently in an otherwise tenuous environment. We feel we have the expertise and necessary ,'`~ qualifications to provide excellent service to both the community and the agency in its acquisition. The firm is incorporated in the State of California. The Principal and CEO in the firm include Robert M. j Lea, MAI. With over 40 years of appraisal experience, we have extensive experience in the appraisal of L.I all types of real property involved in eminent domain setting, on an acquisition level and under condemnation proceedings. Mr. Lea holds the MAI designation of the Appraisal Institute and is a California Certified General Real Estate Appraiser License by the State of California. Attached to this i.:.l RFQ are qualifications/employment history of Mr. Lea and our staff. Lea. Associates, Inc., proposes to provide the appraisal services delineated in this proposal in a professional . and competent manner. The appraisal services shall be conducted and reported in a manner that complies with all applicable federal, state and county laws, regulations and policies. Appraisal services will be r conducted and reported in accordance with the Uniform Standards of Professional Practice (USPAP), and in accordance with the Appraisal Guidelines as may be issued by the Ciry of Temecula, Department of Public Works. STAFFING AND RESOURCE AVAILABILITY :_ The authorized respondent and project coordinator will be Robert M. Lea, MAI. Mr. Lea holds the MAI designation of the Appraisal Institute, and is a Certified General Real Estate Appraiser, as licensed by the State of California. While the staffmg of any indididual project will vary, Mr. Lea will be the duect contact and principal in any and all assignments for the City of Temecula. A sample of our organization chart is shown below: Robert M. Lea, MAI CEO John J. Gobbell, Jr., MAI Geoffrey W. Capell Principal Analyst Barbara J. Lambe Jerardo Arciniega Joslma Fidani Analyst Analyst Associate Word Processing/Support/Report Production Page -1- L~ '~-~~ Exhibit A -Lea Assoc. i With a current appraisal staff of six appraisers, including an MAI principal and support services, we can 1- address the specific time constraints and multiple property nature of any assignment. Working with public -~ sector agencies, attorneys, and acquisition agents, we have a clear and concise understanding of required 1 1 federal regulations, state and county laws relating to the provision of appraisal services, determination of fair market value as defined by legal constraints and public sector acquisitions. We have the experience _~ necessary to deal with owner-occupants in redevelopment project areas, working with other acquisition agency personnel, integration and coordination of meaningful commutication between community residents and agency personnel. Further, our strength and ability to provide consistent communication and contact with property owners and/or relevant acquisition and relocation professionals provides us with the tools necessary to complete appraisal work effectively and consistently in an otherwise tenuous environment. We feel we have the expertise and necessary qualifications to provide excellent service to both the ,_l community and the agency in its acquisition. With our current staff, Lea Associates does not envision the ~ use of subcontractors in any assignment for the Ciry of Temecula. Should we require subcontracting ''` ~ services in future for city assignments awarded, we will inform the City in a timely manner for proper _, review and approval Our staff will provide real estate valuation services, reseazch, word processing, and report. production roles. The roles of the senior analysts, analysts and associates will be to do primary data research, market '~ 1 investigations, property inspections, data analysis and verification and some report writing. The Principal or Senior Analyst will complete the formal appraisal report document and principal valuation for each property. The report production and word processing will be served primarily by the support staff of the .j firm, who are included in our summary of work force form. We presently have three word- processing/support staff members who will complete all needed functions in preparation of required copies of appraisal reports. Lea Associates routinely prepares valuatiotis of large scale projects involving multiple properties which time frames are an important and integral part of the process. With the availability of more than adequate personnel and resources to complete an assignment in an efficient manner, short-term time lines and goals are set to complete performance in a well organized and timely manner. The ability to provide such resources at a moment's notice consistently provides the ability to coordinate in-house staff and personnel to complete the work. Since the firm is primarily located within a single location, this provides convenient interaction and communication between principals and staff related to any particular assigtunent. This also provides a strong level of control versus outsourcing subcontractor services for real estate valuation purposes. Therefore we believe this provides us with an edge to many other firms related to offering a level of service and commitment for in-house employees and staff to marshal to complete a valuation study. We believe strong management coordination will facilitate any unique situations which occur in the normal analysis of any potential project. EXPERIENCE AND REPRESENTATIVE PROJECTS In the last two to three yeazs, Lea Associates has undertaken a vast amount of appraisal assignments for' various public agencies ranging from the City of Los Angeles Public Works Division, Housing Deparunent, the City of Culver Ciry and the Culver City Redevelopment Agency, the City of Commerce, the City of Alhambra; the City of La Puente, the Ciry of Brea and.the Biea Redevelopment Agency, Ciry of Baldwin Park and dte Baldwin Park Redevelopment Agency, the Lynwood Redevelopment Agency, City of Lancaster, the Lancaster Redevelopment Agency, the County of Riverside and its Economic Development Agency and the City of Long Beach Redevelopment Agency. Page -z- ~..1 ..~ Exhibit A -Lea Assoc. ASSIGNMENT DESCRIPTION AND PERFORMANCE Proiect Description ~ Client Contact Acquisition appraisal assignment of 22 parcels including vacant and improved industrial and agricultural acreage; Project includes the right of way improvements of. properties around the Mazch Inland Port (portion of Mazch Air Force Base) in the Perris and Moreno Valley area. Mr. Lea, as project manager and principal in charge, has had direct experience in the management of the staff assigned to large scale projects, as well as individual appraisal assignments. A sample of larger scale projects include the following: Ms. Janet Parks Principal Development Specialist County of Riverside Economic Development Agency 1157 Spence Street Riverside, California 92507 (951) 955-6667 Acquisition appraisals for the development of new school sites for Mr. Bob Frankel the Los Angeles Unified School District. Assignments have included Senior Right of Way Specialist/Consultant valuation of single-family, multi-family, restaurant, retail Los Angeles Unified School District commercial, auto repair, hotel, office and other commercial uses. 355 South Grand Avenue, 5"' Floor Los Angeles, California 90071 (213) 633-7593 i ~~l k. Acquisition appraisal for Alameda Corritdor Transportation Authority (ACTA) Project for the north end alignment of Santa Fe Avenue;: acquisition involved 35tpazcels including light indusnial, vacant land, industrial loft properties, medical office uses. Full and part take acquisition as required by federal highway standards. Acquisition appraisal work coordinated with project team including full service real estate and engineering group. Ms. Nellia LaValle President Pazagon Partners Limited 5762 Bolsa Avenue Suite 201 Huntington Beach, California 92649 (714)379-3376 `-~ Mr. Lea, who is an MAT and ourstaff have also been involved in many court related cases, resulting in favorable outcomes. The following is a list of court cases where Mr. Lea and/or staff have been expert witnesses or appeazedra court related actions: United States vs. 1.337 Acres of Land (Hotel San Diego) and United States vs 115 Acres of Land (Parking Lot) Entire acquisition of historic 250 room, 200,000 squaze foot hotel building in downtown San Diego for federal courthouse expansion. Client was U.S. Department of Justice. Negotiated settlement after depositions at within 3% of LAI's opinion. Lancaster Redevelopment vs. Brent Eidelman Entire acquisition of 44-unit SRO hotel by redevelopment agency client. 117% value opinion difference between appraisers. Jury verdict within 5% of LAI's testimony at trial. State of Califprnia vs. San Antonio Lakes Fair marketvalue appraisal for eminent domain of400+acre mixed use development site in Upland, Californiafrom which approximately 40 acres was acquired forthe Route 210 freeway. LAI's client Page -3- is f ~.:. Exhibit A -Lea Assoc. :•s was the property owner. The $18,000,000 settlement during trial in this matter was 75% of the difference between the agency appraiser's opinion and that of LAI. This represented an approximately 1,300% increase. Entire acquisitionofautorepairfacilityinRiversideCounty. ClientwastheEconomicDevelopment Agency for Riverside County. Testimonyverdictconcurredwithourappraisedvalueestimatewhich was I3% lower than the last offer made to the property owner and 24% lower than the properly owner's appraisal. r?. I:: ;t References for valuation and testimony in eminent domain include: Douglas Evertz, Esq. Luce Forward Hamilton & Scripps, LLP 2050 Main Street, Suite 600 Irvine, California 92614 (949) 732-3716 Rhonda J. Holmes, Esq. Gordon & Holmes 1230 Columbia Street, Suite 700 San Diego, California 92101 (619) 696-0444 1 ~~ Lawrence Teplin, Esq. Cox, Castle & Nicholson 2049 Cenmry Park East, 28°i Floor Los Angeles, California 90067 (310)277-4222 John Gaims, Esq. Gaims, Weil, West & Epstein, LLP 18'15 Century Park Rast, 12°i Floor Los Angeles, California 90067 (310) 407-4500 Budgetary Auatysis for Projects Involving Real Property Acquisition Multiple Property Acouisition Apnraisal Reoorts Entire Takings In this arena, commonly associated with the acquisition of properties to development community facilities, housing, etc. Lea Associates has been involved in various acquisitions for the proposed development by public agencies. - Partial Acouisitions In this arena, commonly associated with right of way widening or opening, Lea Associates has over 30 #1 Y P P q-.. g,P '" ears ex ertise in valuation of artial ac uu;thons for fee [akin s ermanent easements for roadway or ;.:i other right of way purposes, drainage easements, electrical transmission line easements and temporary construction easements. Page <I- Exhibit A -Lea Assoc. REFERENCES Belowwe have provided a Eist offive references forassignments whichwe have completed forvarious public agency clients. 1. Mr. Bob Frankel 2. 3. 4. 5. Senior Right of Way Specialist/Consultant Los Angeles Unified School District Facilities Services Division Real Estate Deparhnent 1055 West Seventh Street Los Angeles, CA 90017 (213) 972-3934 Ms. Elizabeth Brubaker Housing Manager Lancaster Redevelopment Agency 44933 North Fem Avenue Lancaster, CA 93534-2461 (661)723-5878 Mr. Johri Fisanotti Redevelopment Project Manager Culver City Redevelopment Agency 9770 Culver Boulevard Culver City, CA 90232-0507 (310) 253-5760 Ms. Velma Marshall Director of Real Estate Los. Angeles County Metropolitan Transportation Authority One Gateway Plaza, 14`" Floor Los Angeles, CA 90012-2932 (213)922-2000 Ms. Janet M. Parks Principal Development Specialist County of Riverside Economic Development Agency 1157 Spruce Street Riverside, California 92507 (951) 955-6667 Page -5- Exhibit B - Lt:a Assoc. CURRENT BILLING RATE SCHEDULE On the following schedule, we have included a summary of our current hourly rates which are valid for a period of one yeaz and subject to normal company increases. Further, any added personnel will have rates in a range of these rates. These rates include all overhead costs and fees.. Pre-trial and Triai Hourly rates reflect testimony and pre-trial meetings under an eminent domain or setting in which expert witness testimony will be given (i.e. mediation, arbitration, or court settings) LEA ASSOCIATES, INC. -, HOURLY BILLING RATES „~ AS OF MAY 1, 2008 Pre- Pre- ~ Individual Standard Standard TriaUTrial TriaUTrial Hourly Rate Daily Rate Hourly Rate Daily Rate :-~ Robert M. Lea, MAI $300.00 $2,400.00 $375.00 $3,000.00 i John J. Gobbell, Jr.,.MAI 200.00 1,600.00 275.00 2,200.00 ... I Barbara J. Lambe, Analyst 90.00 720.00 125.00 1,000.00 Geoffrey W. Capell, Analyst 85.00 680.00 110.00 880.Ot1 ~. } ~ Jerazdo Arciniega, Analyst 85.00 680.00 110.00 880.00 ., Joshua M. Fidani, Associate 70.00 560.00 85.00 680.00 Word Processing/Support ..., 60.00. 480.00 75.00 .600.00 CONTRACT FOR SERVICES This Statement of Qualificafions shall remain valid for a minimum of ninety (90) as set forth in your RFQ. Jf awarded a contract for services with the City of Temecula, Lea Associates agrees to provide :evidence of insurance liability and further agrees to abide by the City's 12iskManagement procedures in accordance with your Exhibit "A". AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND BTI APPRAISAL ANNUAL AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation {"City") and BTI Appraisal "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one (1) year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. 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 website at http://www.dir.ca.gov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, ar 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. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885510.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,OQ0.00) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar 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 5. 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 ar duty to continue compensating Consultant far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: BTI Appraisal 605 W. Olympic Blvd., Suite 820 Los Angeles, CA 90015 Attention: Ben F. Tunnell 11! 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: BTI App--aisal 605 W. Olympic Blvd., Suite 820 Los Angeles, CA 90015 Attention: Ben F. Tunnelllll Phone: (213) 532-3800 Fax: (293} 532-3807 Ben F. Tunnell III, Chairman [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 ~, z~ - ~~s` Ms. Laura E. Bragg Public Works Department City of Temecula 43200 Business Park Drive Temecula, California 92590 * ~ .~>_..._~~~xp.~7~sx, ~~x~~ May 1, 2008 Exhibit A -BTI Re: Apri121, 2008 Request for Statement of Qualifications (RFQ) Annual Agreement'for Appraisal Services Dear Ms. Bragg: Please accept this as our response pursuant to your April 21, 2008 .request for qualifications for appraisal services. With 11 employees, we are prepared for any level of activity the Ciry and its agencies would require with fulfillment on a timely basis consistent with your expectations. ~. We have reviewed the Scope of Services for appraisal and appraisal review services and are prepared to meet or exceed them. All appraisal reports and reviews will be performed by a Certified General Appraiser. Moreover, all of our reports comply with the Uniform Standazds of Appraisal Practice -(USPAP). Typical turnaround time for anon-complicated commercial or industrial appraisal is two weeks from the 6me of engagement and receipt of all necessary documents, more for complicated assignments and less for residential appraisals. However, we aze always willing to work within your specific time frame. We typically issue three bound copies of alt appraisal reports. Enclosed please find responses to each of the categories of requested information. Should .you require .additional information on any particular area, please feel free to contact me. I have included my contact information below: BTI Appraisal 605 W..OIympic Blvd, Suite 820 Los Angeles, CA 90015 213/532-3800 telephone 213/532-3807 fax benna,btiaQpraisal.com 605 W. Olympic Boulevard, Suite 820 . Los Angeles, CA 90075 • tel: (213) 592-3800 • fax: (213) 532,3307 e-mail: ben~btlappralsal.com - www.btiappmisal.com i i.:. Exhibit A -BTI Ms. Laura E. Bragg May 1, 2008 Page 2 Proiect Team Qualifications. Exnerience and Roles ;1 BTI Appraisal is a California corporation which began business on .April 1, 1974. Our firm is headquartered in the heart of Downtown Los Angeles with a satellite office in San Diego. We have a total of 11 employees covering the disciplines of real estate, machinery and equipment, and business and goodwill valuation. Our hours of business are 8 a.m. to 5 p.m., Monday through Friday. ,~ We appraise every kind of residential property, from single-family residences to entire subdivisions and high-rise apartment buildings. Our expertise also includes industrial, commercial and Waxed-use properties, from the local convenience store to sophisticated food processing plants, hospitals and hotels/motels. We also service our clients' machinery and equipment appraisal needs. We have a very successful track record, and over 20 years of experience, defending values in court. By choosing BTI for your appraisal services, you benefit from a strong tradition of experience and accuracy. A corporate philosophy stressing efficiency and attentive service has made. us a leader among independent appraisers. We are proud of our reputation for stability, accuracy, responsiveness and accomplishment in and out of the courtroom. Our seasoned staff of success oriented professionals treats each assignment with precise attention to detail, providing needed research and meeting the client's deadline. Whether City; County, State, Federal or foreign, BTI represents a wide range of governmental entities in the U.S, and abroad for eminent domain, partial and full takes, redevelopment, insurance coverage, lending purposes, bond issuance, relocations, fair market lease rate analysis, billboazds, natural disaster losses, and historical dates of value. Review appraisals are also reguIazly performed. I have attached our company brochure, which contains additional " information on BTI Appraisal including a comprehensive client list, for your review. This agreement will be managed by Mr. Ben F. Tunnell III, Chairman. The following personnel will be party to this agreement: Ben F. Tunnell III, John J. Griffey, Stephen Rich MAI, Stephen O'Rourke, and Alan Raxter. Their resumes are enclosed. Included in each resume is a brief description of their qualifications, experience, background and job functions. We aze prepared to provide evidence of the required insurance including a Certificate of Insurance naming the city as additional insured and provide an insurance endorsement and we have enclosed a copy of our Error's 8c Omissions Insurance for your review. Exhibit A - BTI Ms. Laura E. Bragg May I, 2008 ~' Page 3 Oreanizational Chart j Chairman: Ben F. Tunnell III - Vice-Chairman: Megan O'Rourke President: John J. Griffey ,Senior Vice-President: William Kasper Senior Appraisers: Stephen Rich, MAI Stephen O'Rourke '; Alan Ranter Appraisers: Thomas Kaiser Administrative Staff:. Sherry Tunnell ~~ Kannie Pisalangkul _ Sara Alvazenga Summary of Court/Denosition Annearances I, Ben F. Tunnell III, have given sworn testimony in 22 different cases over the past &ve yeazs. For 2008, I have given sworn testimony in deposition to the mazket rent of the case specific properly and the value as affected and unaffected by dynamic compaction of the case specific properties. Tn 2007, I gave sworn testimony both in court and deposition in four different matters ranging from eminent domain, contamination and diminution in value of the case specific properties. In 2006, I gave sworn testimony both in court and in deposition in "~ eight different matters ranging from eminent domain, boundary issues, and foreclosure value to the misrepresentation of defects of the case specific properties. In 2005, I gave sworn testimony both in court and in deposition in four different matters including construction defects, inventory value, diminution in •-'' value,. business goodwill, and loss of rental and fair mazket value of the case specific properties and assets. Exhibit A - BTI Ms. Laura E. Bragg ' May 1, 2008 ~' Page 4 In 2004, I gave sworn testimony both in court and in deposition in four different matters including conclusion of fair market rental value, market value -~ of machinery, equipment and furnishings, construction defects and property tax assessment of the case. specific properties and assets. Relevant Experience Our most recent and relevant completed projects for municipalities and other public entities include a recent bond issue for the City of Burbank and bond issues for the City of Torrance, City of Hawaiian Gardens, and City of Anaheim. In addition, we maintain contracts with the City of Inglewood, the City of Covina, Los Angeles Department of Water and Power, Los Angeles Housing Authority and Cal Trans. Examples of our work for these entifies include easement valuations, fair market lease rates for city owned land, litigation of.contarninated properties, eminent domain proceedings for real and personal property as well as business goodwill and relocations costs. We have performed work involving public private partnerships, diverse stakeholders, and extensive public processes and participation including working with developers and cities in connection with partnership efforts in development; an example would be .Champion Development and Burbank. Redevelopment Agency. References Mr. Brian K. Sunshine ~'~ Assistant to the City. Manager City of Torrance 3031 Torrance Boulevard Torrance, CA 90503 (310) 618-5807 Services provided: Real Bstate Appraisals t3 Mr. Steven Yee City of Downey 11111 Brookshire Avenue . Downey, CA.90241, . (562)904-7289 Services provided: Real Estate Appraisals Ms. Laura E. Bragg May 1, 2008 Page 5 Mr. Robert D. Acciani, Esq. Chief Deputy City Attorney City of Torrance 3031 Torrance Boulevard Torrance, CA 90503 (310) 618-5816 Services provided: Real Estate Appraisals Mr. Heriberto Valdez Community DevelopmentCoordinator City of Commerce, Community Redevelopment 2535 Commerce Way City of Commerce, CA 90040 (323) 722-4805 ext. 2213 Services provided: Real Estate Appraisals Mr. Hank Wilhite :, Housing Authority ofthe City of Los Angeles 2600 Wilshire Boulevard Los Angeles, CA 90057 (213)252-2701 Services provided: Real Estate Appraisals Exhibit A - BTI Ms. Sara Oberlies Vice President, Public Finance Stone & Youngberg S 1 S S. Figueroa, Suite 1060 Los Angeles, CA 90071 (213) 443-5004 Services provided: Real Estate Appraisals Mr. Ying Yu State of California Department of Housing and Community Development 1800 3'~ Street . Sacramento, CA 94252 (916)327-3577 Services provided: Real-Estate Appraisals Rroiect Bndeet & Fee Schedule -' . We would be pleased to quote the City of Temecula fixed fees for any appraisal assignment in advance, excluding follow up .consultations or. testimony. In such cases, our charges would be pursuant to the attached fee policy. __ Exhibit A-BTI Ms. Laura E. Bragg _ May 1, 2008 Page 6 i ',, Thank you for the opportunity to respond to your request for j qualifications. If you have any questions, or would like additional information ;:~ following your review of this response, please feel free to contact me. We have enjoyed long relationships with many cities and redevelopment agencies, and look forward to establishing one with you. Sincerely yours,. 1 III Chairman Enclosures: Five Resumes Fee Policy Brochure E&O ~asurance j ~ Exhibit B - BTI a p r a i s a 1 Fee Policy For many projects a fixed fee can be quoted in advance; for other projects, chazges depend on the personnel assigned, the total time required and any expenses that might be incurred such as mileage, parking, postage and copies. Our hourly rates are listed below and are the same for deposition or trial work. Ben F. Tunnell III, Chairman $395 John J. Crriffey, President $300 William Kasper, Senior Vice President $285 Stephen Rich, MAI $275 Senior Appraiser $~$$ Senior Analyst $255 Appraisers $235 Researchers $145 Administrative/Secretarial $ 45 We are pleased to bill our established clients either upon issuance of the report or at the end of each month, whichever occurs ftrst. Litigation matters are either billed weekly or semimonthly in order to keep the client abreast of our activities and charges. For newer clients, retainers are normally requested; charges in excess of the retainer are payable prior to issuance of value conclusions or at the. end of each billing period, whichever occurs first. All bills are due and payable upon receipt. If you wish to name us as an expert witness in pending litigation, and we accept, we do charge a nonrefundable retainer of $1,000 irrespective of any work being required. Any work performed on the assignment will, however, be billed against this retainer. Please also note that our policy is to provide testimony (courtroom or deposition) only after full payment for all services previously rendered and a retainer for services requested is received in our office. 605 W. Olympic Blvd., Suite 820 • Los Angeles, CA 90015 • tel: (213) 532-3800 • fax: (213) 532-3807 e-mail: benQbtiappraisal.com • www.btiappraisal.com AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND WARREN H. NEVILLE, MAI ANNUAL AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation ("City") and Warren H. Neville "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one {1} year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics {CPI}. 2. 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 website at http://www.dir.ca.goy Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885511.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,OQ0.00) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar 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 5. 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 ar duty to continue compensating Consultant far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Workers Compensation Insurance upon the hiring of any employees. and in aggregate 4} Professional Liability coverage: One million {$1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: Warren H. Neville, MAI 5075 Canyon Crest Drive, Suite 202 Riverside, CA 92507 Attention: Warren H. Neviiie, MAi 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 2Q. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Warren H. Neville, MAI 5095 Canyon Crest Drive, Suite 202 Riverside, CA 92507 Attention: Warren H. Neville, 119A1 Phone: (959) 784-7340 Fax: (959) 784-5702 Warren H. Neville, MAI [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Exhibit A - W Neville QUAI TFICATIONS OF APPRAISER Warren H. Neville, MAI Professional Affiliations Appraisal Insfitute - MAI Member Number 7050 Southern California Chapter -Regional Ethics & Coun§eling Panel 1992-98 Southern California Chapter -Admissions Committee 1990-98 Inland Southern California Chapter -Board of Directors 1989-92 President Inland So. Calif. Chapter No. 79 Society of Real Estate Appraisers, 1988 California State Certified Real Estate Appraiser Number AG002153 California Real Estate Broker Real Estate Experience Independent Appraisal Consultant 1986 -Present Property Tax Consultant 1993 -Present Cushman & Wakefield Appraisal Division 1984 -1986 Senior Appraiser Riverside County Assessor 1973 -1984 . Senior Appraiser Experience includes appraisal and property tax consulting for the following types of _ prop,; Commercial & Industrial Land Shopping Centers Residential Land & Subdivisions Office Buildings Environmental Mitigation Land Industrial Facilities Telecommunication Sites Apartments Special Purpose Facilities Litigation Valuation Leasehold/Leased Fee Interests Partial Taking for Condemnation Court Testimony - Qualified as anExpert Witness in: ; ', United States District Court j. United States Banla-uptcy Court ~ . San Diego County Superior Court ~ ~. Orange County Superior Court ; San Bernardino County Superior Court _ ~ "° Los Angeles County Superior Court ~ ' __ -- _ _ Exhibit A - W Neville QUALIFICATIONS OF APPRAISER Waxen H. Neville, MAI Geaeral Education University of California, Riverside . Bachelor of Science in Econornics, Major emphasis: Business Economics, 1971. Riverside City College, Riverside Certificate Program in Real Estate -1976. Specialized Appraisal Edacation Litigation Valaation American Institute of Real Estate Appraisers, 1986. Easement Valuation Seminar American Institute of Real Estate Appraisers, 1990. Skills of Expert Testimony Seminar International Right of Way Association, 1990 The Appraisal of Partial Acquisitions International Right of Way Association, 1991 Valuation of Leased Fee Interests Appraisal Institute, 1992. Survey of band Development Procedures University of California Riverside Extension, 1992 t i The Subdivision & Discounted Cash Flow Analysis Seminars Southern California Chapter of the Appraisal Institute, 1993 Fundamentals of Marketing For The Light Construction Industry University of California Riverside Extension, 1994. "' Partial Acquisition Appraisal & Advanced Case Studies itt Partiai Acquisitions Southern California Chapter of the Appraisal Institute, 1994 & 1995 E Easement Valuation ~ ~ ~ ~ ~ ~` ~;. International Right of Way Association, 1999 !` Eminent Domain Law Basics International Right of Way Association, 2003 i Litigation Seminar Southern California Chapter of the Appraisal Institute, 1988 - 2007 Vl/ ~.ln~. ~ 1 WW's-~ + . Exhibit A - W Neville PARTIAL LIST OF CLIENTS SERVED The following partial &st of clients encompasses those served while employed as an independent appraisal consultant. ATTORNEYS Best, Best & I{iieger Reid & Hellyer Chandler, Potter & Fox Thompson-Colgate .Lore Hilburg Ellen Weinfurtner Kudo & Daniels BUILDERS & DEVELOPERS American Pacific Hornes Fiesta Development Citation Homes Forecast Development Corporation DR Horton Granite Homes CORPORATIONS Home Depot US Sprint Communications Co Guymo Golf USA Waterhouse Properties, Inc. Albert Webb Engineering Westinghouse Electric Corporation Southern Pacific Transportation Co. Wyle.Laboratories, Inc. )K'IPTANCIAL & INSURANCE Bank of America Continental Lawyers Title Insurance Bank of Whitman Bank of Hemet Citicorp Real Estate, Inc. Manufacturers Bank City Bank Pomona First Federal S & L Fidelity Title Insurance . Provident Savings Bank Chioago Title Insurance Company Union Bank INSTITUTIONAL & GOVERNMENTAL Ague Caliente Tribe . Army Corps of Engineers Bureau of Land Management (BLM) California Department of Transportation (Caltrans) Department of justice, Tax Division (DOJ7 - 7urupa Community Service District Metropolitan Water District of Southern California (MWD) National Pazk Foundation National Park Service City ofltiverside Riverside County Habitat Conservation Agency (RCHCA) Riverside County Flood Control & Water Conservation District ..United States Department of Commerce NOAA Exhibit A - W Neville Summary of Expert Witness Testimony 1. Califomia Deparhnent of Transportation Lars Bergdahl, attorney (retired) 100. S. Main Street, 13'" Floor Los Angeles, CA 90012 (213) 687-6000 Case: Trial Date: December 1997 Eminent Domain Pazcel No. 8490 San Bemardino County Superior Court Case No. BCV006443 People v. John M. & Virginia Stock 41390 Big Bear Boulevazd Big Bear Lake, CA 2.. California Department of Transportation Lars Bergdahl, attomey (retired) 100 S. Main Street, 13"'Floor Los Angeles, CA 90012 (213) 687-6000 Case: Trial Date: May 1998 Eminent Domain Parcel Nos. 8456 & 8457 San Bernardino County Superior Court Case No. BCV006360 People v. T. Gregory & Patricia .4. Kirianoff 41421 Big Bear Boulevard Big Beaz Lake, CA 3. California Department of Transportation Raymond Barrera, attomey 100 S. Main Street, 13`h Floor Los Angeles, CA 90012 (213)687-6000 Case: Trial Date: June 1999 Eminent Domain Parcel No. 13328-1 San. Bemardino County Superior CourGCase No. RCV 28350 People v. Bong-Yu Chiu, et al ..Highland and Etiwanda Avenues Rancho Cucamonga, CA 4. California Department of Transportation AmandaDejesus, attomey 100 S. Main Street, 13"` Floor Los Angeles, CA 90012 (213)687-6000 Case: Trial Date: July 1999 Eminent Domain Parcel No. 13330-1 San Bernardino County Superior Court Case No. RCV 28582 People v. Jin Su Hou, et al Expert Witness-lO-Ol-07.doc Paged Exhibit A - W Neville Summary.of Exert Wirness '-'estirnony Highland and Etiwanda Avenues, Rancho Cucamonga, Ca 5. California Department of Transportation Raymond Barrera, attorney 100 S. Main Street, 13'h Floor Los Angeles, CA 90012 (213) 687-6000 Case: Binding Arbitration Trial Date: March 2001 Eminent Domain Parcel No. B3039 Los Angeles County Superior Court Case No. BC 196259 People v. Los Angeles County Flood Control District Baseline Road & Sumner Avenue Claremont, CA . 6. California Department of Transportation Christopher Hiddleson, attorney 100 S. Main Street, 13a` Floor Los Angeles, CA 90012 (213) 687-6000 Case: Trial Date: September 2001 Eminent Domain Parcel No. 17603-1 San Bernardino County Superior Court Case No. VCWS 021009 People v. Seneca & 395, LLC Highway 395 & Seneca Road Victorville, CA 7. Department of Justice Tax Division Donald N. Dowie, attorney Post Office Box 7238, Ben Franklin Station . Washington, D.C. 2004 (202) 305-1714 Case: Deposition Date: December 2001 United States District Court of North Dakota, Southeastern Div. Case No. A3-O1-11 Corwin v Internal Revenue Service 40 Acres of Desert Land Palm Springs, CA 8.. California Department of Transportation Amanda DeJesus, attorney 100 S. Main Street, ]3'h Floor Los Angeles, CA 90012 (213) 687-6000 Case: Deposition Date: January 2003 Eminent Domain Parcel Nos. 75251 &.75252 Los Angeles County Superior Court Case No. BC 246174 Expert Witness-16-01-07.doc Page 2 Exhibit A - W Neville Summary of Expert Witness Testimony People v. Los Angies County Flood Control District I-10 Fwy & San Gabriel River Flood Channel, Baldwin Park, CA 9. California Department of Transportation Fsic J. Fleetwood, attorney 100 S. Main Street,l3a` Floor Los Angeles, CA 90012 (213) 687-6000 Case: Deposition Date: Januazy 2004 Eminent Domain Pazcel No. 18142 San Bernardino County Superior Court Case No. SCVSS 099437 ]'eoplew. Milbis 7.85 Acres at Sycamore Avenue & Galway Street Rialto, CA 10. California Department of Transportation Chazles Belenky, attorney 100 S. Main Street, 13n' Floor Los Angeles, CA 90012 (213)687-6000 Case: Deposition Date: Febntary 10, 2005 Eminent Domain Parcel No. 15457 San Bernardino County Superior Court Case No. SCVSS 093336 People v. Amaro, et al 3.19 Acres vacant land at SEC of Casmalia St. & Mango Av. Rialto, CA , 11. California Department of Transportation Yvonne Von Brauchitsch, attorney 1120 NStreet - MS 57 Sacramento, CA .95814 (916) 654-2630 Case: Deposition Date: June 16, 2005 Eminent Domain Parcel No. 83135 Kern County Superior Court Case No. 1-1500-CV-253539 JES People v.. Big West Corp. 17.56 Acres vacant land on State Route Highway 14 Mojave, CA 12. California Department of Transportation . Patrick Barney, attorney 100 S. Main Street, 13a' Floor Los Angeles, CA 90012 (213)687-6000 :Case: Deposition Date: January 26, 2006 Eminent Domain Parcel No. 18018 Expert witness-lO-Ol-07.doc . Page 3 i i; Exhibit A - W Neville Summa of Ex rt Witness Testi on Riverside County Superior Court Case No. RiC 403848 People v. King, et al 3.051 Acres vacant land, 20786 Box Springs Rd, Riverside, CA 13. California Department of Transportation Eric J. Fleetwood, attorney 100 S. Main Street, 13~h Floor Los Angeles, CA 90012 (213) 687-6000 Case: Trial Date: August 16, 2007 Eminent Domain Parcel No. 18488 San Bemardino County Superior Court Case No. SCVSS 036961 People v. Constant 4.90 Acres at NEC Sierra Avenue & Casmalia Street Fontana, GA 14. California Department of Transportation Lisa Braham, attorney 100 S. Main Street, 13s' Floor Los Angeles, CA 90012 (213) 687-6000 Case: Deposition Date: September 27, 2007 Eminent Domain Parcel Nos. 18550 & 18855 San Bernardino County Superior Court Case No. SCVSS 122413 Fierro v People ' 685 South "I" Street San Bemardino, CA Expert Witness-lo-Ol-o7.ace ~ ~ ~ ~ Page4 ~ ~~~ i Exhibit B - W Neville Warren H. Neville, MAI 5015 Canyon Crest Drive, Suite 202 Riverside, California 92507 Telephone (951) 784-7340 Fax (951) 784-5702 E-Mail: whnevilleC~earthlink,net May 6, 2008 Laura E, Bragg City of Temecula Public Works Department P.O: Box 9033 Temecula, CA 92589-9033 Re: Real Estate Appraiser Qualifications RFQ -Public Works Department Dear Ms. Bragg: As requested, I am attaching a summary of my appraisal qualifications and a summary of my litigation experience. I am an independent appraiser. I have a.research assistant who works as a subcontractor, He does not provide any significant real property appraisal or consulting assistance. I am the principal author of any appraisal or consulting assignment. My office is in the Canyon Crest area of the City of Riverside. I have specialized in appraisals for eminent domain and other litigation purposes for the past 20 years. My public agency clients include the Army Corps of Engineers, Bureau of Land Management, California Department of Transportation, and National Park. Service: I have developed an expertise in the azea of appraising vacant-land held for development, agriculture, and speculative purposes. The majority of my appraisal assignments have been in western Riverside and San Bernardino Counties, . Since 1997, I have testified in six eminent domain trials as an appraisal expert for Caltrans, two arbitration hearings as an expert for Caltrans and a title company, and one bankruptcy case..I have also testified in several depositions that did not go to trial: Recent appraisal assignments include several improved commercial and industrial properties, and vacant land properties along the Rte: 210 and I-215 Freeways for Caltrans, over 200 vacant. land parcels. adjacent to Fort Irwin near Barstow for the Army.Corps'of Engineers, and various desert land parcels for Wilderness Land Trust. J.aura E. Bragg City of Temecula Public Works Department May 6, 2008 Page 2. Exhibit B - W Neville For a typical assignment, I will provide the City with proposalwith snot-to-exceed appraisal fee based on my rate of $175 per hour. My fee for pre-trial services including travel and meetings with City staff and/or attorneys is $175 per hour. My fee for depositions and court testimony is $300 per hour. I carry general liability and automobile liability insurance in the amount of $1,000,000. I do not have any employees, so I do not carry worker's compensation insurance. I have professional liability insurance with $2,000,000 in aggregate coverage. I appreciate the opportunity to be considered for your appraisal services agreement. Please feel free to .call me if you need additional information about my.appraisal qualifications. Since/re~, W ~n~n.- u~' c/ Warren H. NOville, MAI /WHN Attachments I AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND ROBERT SHEA PERDUE REAL ESTATE APPRAISAL ANNUAL AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation {"City") and Robert Shea Perdue Real Estate Appraisal "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one {1} year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics {CPI). 2. 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 VIIAGES. 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 website at http://www.dir.ca.gov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885512.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,OQ0.00) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar 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 5. 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 ar duty to continue compensating Consultant far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: Robert Shea Perdue Real Estate Appraisal 49999 Moreno Road, Suite A Temecula, CA 9259a Attention: Robert S. Perdue, MAIL 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct ar indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Robert Shea Perdue Real Estate Appraisal 49999 Moreno Road, Suite A Temecula, CA 92590 Attention: Robert S. Perdue, MAi Phone: (959) 694-6904 Fax: (959) 694-6964 Robert S. Perdue, MAI [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL REAL ESTATE APPRAISAL SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Exhibit A - RS Perdue ROBERT SHEA PERDUE REAL ESTATE APPRAISAL ,. 41919 Moreno Road, Suite A, Temecula, CA 92590 Serving The Inland I'Ynpire Appraisal Consukants to Government, Pinanc&t!, Legal and Agricullrsml Imlrsstries May 9, 2008 City of Temecula Attn: Public Works Department 43200 Business Park Drive Temecula, CA 92590 Subject: RFQ-Public Works Department ANNUAL AGREEMENT FOR APPRAISAL SERVICES Various-CII' Projects Approved for FY 2008-2009 To whom it may concern: i Thank you forconsideringROBERT SHEAPERDUE REALESTATE APPRAISALforthe s Temecula Annual Contract for Appraisal Services. Pursuant to your request, we are including :_,,; specific information relative to the appraisal qualifications of ROBERT SHEA PERDUE REAL i ESTATE APPRAISAL. I have responded to each question under "General Requirements" in aquestion-by-question format. Please contact me directly if you require additional information. Sincerely, ROBERT SHEA PERDUE REAL ESTATE APPRAISAL ~~~~~ Robert S. Perdue, MAI i Exhibit A - RS Perdme TO GENERAL REQUII2EMENTS I. (I) A brief description of the consulting firm, (2) organization structure, (3) location of principal offices, (4} number of professional personneti and (5) other pertinent information, including the names of all staff members who will work on the project. (I) ROBERT SHEA PERDUE REAL ESTATE APPRAISAL is based in Temecula and is the largest real estate valuation firm in Riverside County. The firm specializes in eminent domain for mostly 1iverside County municipa&ties. (2) ROBERT SHEA PERDUE REAL ESTATE APPRAISAL is a sole proprietorship owned by Robert Shea Perdue. (3} ROBERT SHEA PERDUE REAL ESTATE APPRAISAL 41919 Moreno Road, Suite A Temecula, CA 92590 Phone: (951) 694-6904 Fax: (951)694-6964 (4) Six full time; one part time (5) Robert Shea Perdue Mark Routh Brad Bassi Richard Russell Brenda Fusco Colleen Matthies Cheryl Cameron 2. Thenameandrelevantexperienceoftheprincipalorprojectmanagerinthefirmwhowill have direct and continued responsibility for the project This person will be the City's contact on all matters dealing with the project and will handle all day-today activities through to completion. '' j Robert Shea Perdue duects litigation, eminent domain and agricultural appraisals, J office operations, professional ethics and quality control. Mr. Perdue has a breadth of knowledge in. agricultural, special use, eminent domain and litigafion valuation. Asa 52-year resident of Inland Southern California, he also has a distinct familiarity with the Local market. ~._~ € Mr. Perdue obtained a Bachelor of Science degree from San Diego State University '~ and has completed post-graduate work in Real. Estate Appraisal and Demographics. '..~ He maintains a California Real Estate Brokers license, has been awarded the MAI ~ . designation from the Appraisallnstitute, isthe past president of International Right- ;. of-Way Association and is an active member of the American Society of Farm ;: :~ Managers and Rural Appraisers. Mr. Perdue's qualifications are attached. ~ Response to RFQ - FY 2008-2009 Page 1 !' Exhibit A - RS Perdue Please contact Bob Perdue, the owner, on all matters dealing with this contract and any projects which result from this contract. His phone number is (951) 694-6904. 3. Thenamesofanyoutsideconsultantsand/orsub-contradorstobeutilized,includeabrief description of their role on theproject, and an organizational chart. The intent ofthe Cdiy ds to have the form receiving this request for qualifications perform the bulk of the work to be covered by the annual agreement Subconsulting will only be aldowed in ldmited situatdons. None anticipated. 4. Theconsultant'sunderstandingofthepurposeoftheannualagreementandtheproposed approach to do the work. Real estate appraisal services. 5. A detailed list of the items of work to be performed by the consultant. STANDARD APPRAISAL METHODOLOGY AND REPORT IDENTIFICATION AND SUMMARY Cover Letter Certificate of Appraiser Summary of Conclusions Narrative Report: Item 1 -Owner Item 2 -Address (or location) of Subject Property Item 3 -Legal Description Item 4 - Delineafion of Title Item 5 -Purpose of Appraisal and Function Item 6 - Summary of Appraisal Problems (and Scope) DESCRII'TION 1. Assumpfions and Limiting Conditions 2. Neighborhood Location and Descripfion 3. DescniptionofSubjectkmperty A. Present Use B. Accessibility and Road Frontages C. Land Contour and Elevations Response to RFQ - FY 2008-2004 Page 2 Exhibit A - RS Perdue D. Land Area E. Land Shape F. Utilities G. Present Zoning H. Highest and Best Use of Land if Vacant I. Irnprovements J. Specialty Items K. Real Estate Taxes L. Assessments M. Existing Lease or Rental Data N. Highest and Best Use Improved and As Vacant 4. Valuation of Property A. .Site Analysis and Evaluation 1. Cost Approach a. Land analysis b. Improvement analysis 2. Sales Comparison Approach a. General Discussion 1) Relationships 2) Sales that are Comparable b. Cornpazative Analysis a Conelation and Conclusion by Comparative Approach 3. Income Approach a. Data b. Analysis c. Correlation and Conclusion by Income Approach 4. Correlation and Final Conclusion B. Approaches to Value 1. Cost Approach a. Cost New b. Accrued Depreciafion Response to RFQ - FY 2008-2009 Page 3 Exhibit A - RS Perdue a Land Value d. Indicated Value by Cost Approach 2. Comparative [Market Data] Approach a. General Discussion 1) Relationships 2) Sales that are Comparable b. Comparative Analysis . 1) Whole Property Comparisons 2) Compazative Units c. Correlation and Conclusion, Comparative (Market Data] Approach 3. Income Approach a. Data b. Analysis a Correlation and Conclusion, Income Approach C. Corelafion of Value Indications from All Approaches The specific process of the consultant's approach to most condemnation projects is as follows: Pre-Valuation • Meet with the client to review and discuss project overview. • Review existing or proposed project. • Review CEQA and other reports on proposed or existing project. • Review proposed time frame for pmj ect completion as well as intermediate meetings and deadlines. . • Reviewclientconcernsonproposedacquisitions(relativetoproperiyowner's accommodations). • Request a copy of title report. Response to RFQ - FI' 2008-2009 Page 4 Exhibit A - RS Perdue • Send letters of introduction to property owners for initial property owner contact. :~ j Valuation • Meet with property owner andlor representative to inspect the property and understand the property owners concerns about acquisition and the project's impact on the owner's property. Also, introduce any selected consultants at this meeting for inspection and investigation of a) soils, b) land use potential, c) engineering, d) consideration ofwater well improvements, e) consideration ofagriculturalimprovements, f)consideration ofunusual ornon-conforming structural improvements. • Identify real estate, property rights and appraisal problem. • Commence preliminary data survey including complete inspection and verification of all land sales, improved sales (including agriculturat improvements), and rental comparables (if applicable). • Proceed with analysis including general data on region, city and neighborhood as well as Iocal and regional economic trends. Proceed with specific data collection on subject property including review of title report, site conditions, building conditions (review public records, building and safety records, assessors data (ifpermitted) and any other concerns relative to environmental constraints such as endangered species, wetlands, habitat, blueline streams (Department of Fish and Game, Army Corps of Engineers, and Fish and Wildlife etc.), hazardous materials, etc. • Estimate highest and best use as vacant and as improved. • Valuation of the larger parcel relative to the three approaches to value. • Reconciliation of value. • Final estimation of value. • Ifapplicable-analysisandvaluationofparttobeacquiredandconsiderarion of Severance Damages, General and Benefits; writing of report. The standard narrative appraisal report (Limited, Restricted; Complete, Summary or ~~ Complete, Self-Contained) will be organized and formatted according to the guidelines of USPAP, Appraisal Institute, California Code of Civil Procedure and. ~ Uniform Appraisal Standards for Federal Land Acquisitions. I .1 .~ Response to RFQ - FY 200&2009 Page 5 :~I Exhibit A - RS PErdue "- 6. Resumes of all prime and sub-consultant personnel that will work on the annual agreement. Robert Shea Perdue Real Estate Appraisal personnel qualifications attached. 7. Examples of each consultant's recent relevant experience with client references. References -Recent PuG[ic Agency and hairy Clients Mr. Rich Edmond Chief Appraiser County of Orange 300 N. Flower Street PO Box 4048 Santa Ana, CA 92702-4048 (714)834-5070 1996 -Present 1991 - 1994 Valuation Assignments: Eleven dairies, one pig and sheep ranch, two alfalfa ranches, hay lot and truck terminal, cattle auction yard, real estate brokerage office and several large farm parcels. All partial and full acquisitions for flowage easement interests - Prado Dam Project. Contract value - $30,000, $60,000 and $120,000. Mr. Chuck Hale 1990 -Present Executive Director 1983 - 1987 So. Cal. Ag. Land Foundation (County of San Bernardino) 13839 Bon View Avenue Chino, CA 91710 (909)464-0186 Valuation Assignments: Various full acquisifion appraisals for dairies, ranches and vacant land. Contract dalue over $100,000. Also completed numerous appraisal assignments for Mr. Hale when he was the Assistant City Manager for the City of Vista (Community Development Director - 1983 to 1987). Assignments included numbered several hundred full and partial acquisitions relative to commercial, industrial and residential properties for street widening, utility easements and floodway channels; single and mulfiple partial acquisitions. Contract value in excess of $200,000. :, t~~ ~ Response to RFQ - FY 2008-2009 :..i Page 6 Exhibit A - RS Perdue 't - f Ms. Janet Parks Real Property Agent County of Riverside Department of Building Services 3133 Mission Inn Avenue Riverside, California 92507-4199 (909)955-9275 1996 -Present ValuationAssignmenas: Highway 74-RCTCProjectand20+otherprojects. Contractvalue over $500,000. Mr. A. Louis Schnepp, ASA, CRA 1990 -Present Appraisal Manager County of San Bernardino 825 E. Third Street San.Bernardino, CA 92415 (909)387-2774 Valuation Assignments: Full acquisitions by the County of San Bernardino: two horse ranches, parcels of vacant land, eight dairies, four calf ranches, flooding value diminution study and a nudist resort. Contract value approximately $100,000. Munieta Water District 42290 Ivy Mumeta, CA 92562 {909)677-7667 1995 -Present Valuation Assignments: Easement acquisitions for water transmission lines -partial ~ easement acquisition and full acquisition ofwell andpump. AssessmentDistrictapprafsals. j Contract value approximately $40,000. Riverside County Flood Control 1995 Market Street Riverside, CA 92501-1719 (909)788-9965 1996 -Present Valuation Assignments: Commercialsiteinfloodway,industniallotinfloodzone,floodway z~ acquisition through horse ranch and 83 properties iti flood plain. Contract value approximately $45,000. Valuation Assignments -Other Clients 1991 -Present ;_~ •City of Temecula -Redevelopment Agency a •City of Murrieta -Engineering Department •Rancho Califonua Water District -~ •Internal Revenue Service Response to RFQ - FY 2008-2009 Page 7 is i i.:: Exhibit B - RS Perdue •Best,.Best & 1{rieger, LLP •Orange County Water District Please, refer to Robert Shea Perdue's Qualifacations for additional client listings. Valuation.4ssignments -Summary Since 1978 have appraised thousands of properties in Southern California for eminent domain acquisition and litigation. Property types range from residential and vacant land to commercial and industrial. Partial acquisitions include street, utility, flood, avigation and conservation easements. 8. Current billing rate schedule. Appraisals are quoted and billed on a lump sum case-by-case basis. Should additional appraisers' time be required for updated estimates of value, attorney/client conferences, deposition or expert witness testimony, this time will be billed at our standard rates of $195 and $250 per hour, respectively. ~'a 9. An authorized official of the consulting firm shall sign the statement of Qualifications. 10. The Statement of Qualifications shall be valid for a minimum of ninety (90) days. II. Consultant is obligated to provide evidence of insurance liability and abide by the City's Risk Management Procedures in accordance with Exhibit "A': Declarations or certificates of insurance for our general liability, automobile liability, worker's compensation and professional liability policies are attached. I2. Consultant will maintain required professional licenses and registratton during the life of the Contract with the City. Robert S. Perdue currently holds the MAI appraisal designation, is a licensed general appraiser and is a licensed real estate broker. Respectfully submitted, ROBERT SIIEA PERDUE REAL ESTATE APPRAISAL Response to RFQ - FI' 2008-2009 Page 8 Robert S. Perdue, MAI ITEM N~}. 15 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Professional Services Agreements for Geotechnical and Material Testing Services for Various Capital Improvement Projects for Fiscal Year 2008-2009 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP Laura Bragg, Project Engineer-CIP RECOMMENDATION: That the City Council: 1. Approve the agreement with Petra Geotechnical, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; and 2. Approve the agreement with Leighton Consulting, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; and 3. Authorize the Mayor to execute the agreements. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2009-2013 thatwill require geotechnical and material testing services. The attached agreements are for two (2) separate one year agreements to provide as needed services; these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up throughout the year. A Request for Qualifications was sent out on April 21, 2008 and responses were received on May 9, 2008. Of the twenty-seven firms that responded, two firms have been selected for agreements so that the City is assured that at least one firm will be available when needed. The City reserves the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. Once the annual agreements are executed, each service request will be negotiated separately with one of the two firms and may contain some or all of the following services: • Subsurface exploration and logs summarizing the conditions encountered • Seismicity • Geotechnical Evaluation and recommendations • Discussion of existing pavement or site conditions • Recommendations for removal of unsuitable material • Soil Ferrous corrosivity and Portland Cement attack potential • Environmental concerns/hazards • Review of available geologic maps and reports for the region • Discussion of the material encountered in the borings and measured engineering properties • Preparation of field and final compaction reports • Review of project plans & specifications with emphasis on geotechnical and laboratory materials testing services and attend progress meetings • Observation and Field testing services during all phases of site grading • Field observation and testing during trench backfilling operations • Field density testing during subgrade and base compaction • Field sampling and testing of base and asphalt concrete • All necessary laboratory tests to support field services and to satisfy Caltrans and other regulatory agency requirements • Batch plant inspections • Structure backfill observation and testing • Concrete sampling and testing • Consulting services requiring corrective and/or remedial recommendations The actual number of projects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENTS: 1. Professional Services Agreement with Petra Geotechnical, Inc. 2. Exhibit A -Petra Scope of Work 3. Exhibit B -Petra Payment Rates 4. Professional Services Agreement with Leighton Consulting, Inc. 5. Exhibit A -Leighton Scope of Work 6. Exhibit B -Leighton Payment Rates AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND PETRA GEOTECHNICAL, INC. ANNUAL AGREEMENT FOR GEOTECHNICAL AND MATERIALS TESTING SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation ("City") and Petra Geotechnical, 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 July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one (1) year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. 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 website at http://www.dir.ca.gov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885513.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,OOO.OQ) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar 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 5. 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 ar duty to continue compensating Consultant far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: Petra Geotecltnical, Inc. 3985-A Airway Avenue Costa Mesa, CA 92&26 Attention: Dr. Siamak Jafroudi, PE 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct ar indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Petra Geotechnical, Inc. 3985-A Airway Avenue Costa Mesa, CA 92626 Attention: Dr. Siamak Jafroudi, PE Phone: (794} 549-8929 Fax: (794}549-9438 Dr. Siamak Jafroudi, PE [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL GEOTECHNICAL AND IUTATERIALS TESTING SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 Exhibit A - Petra ::~ ~..:.I Projecfi Services Project Understanding Following careful review of the RFQ, it is our understanding that the City would like to enter f. into an annual agreement with qualified consuItant(s) to provide geotechnical and/or material j ~ testing services on an as-needed or on-call basis. According to the RFQ, typical services, ~' depending on the specific project, may include, but aze notlimited to, the following: J / Subsurface Exploration, including but not limited to the following: ^ In-Place Moisture and Density Tests j 1 Laboratory Maximum Density and Optimum Moisture Tests ^ Sieve Analysis :l R-Value J Direct Shear Tests ^ Consolidation or Collapse Tests l PH, Resistivity, Soluble Sulfate, And Chloride Tests Other Tests as Needed ll / Logs of the exploratory borings summarizing the subsurface conditions encountered, _9 results of laboratory testing, and a plan indicating the location of the explorations. {.J / Seismicity Lj / Geotechnical evaluation and recommendations, including but not limited . to the following: s~ Grading • Earthwork ^ Settlement Considerations t ~~ Surface and Subsurface Drainage ~_ ^ Foundation, Column, and SIab Recommendations i._] SIope Stability ^ Soil Sulfate CVontent Implications Utility Trench Backfill LJ lJ Retaining Walls and Recommended Lateral Earth Pressures Used for Design ~~ Pavement Design ^ Grading and Foundation Plan Review ^ Construction Monitoring ~ • Pile driving, if necessary : ^ Lateral Earth Pressures I, i ~ / Discussion of Existing Pavement or Site Condifions / Recommendations for Removal of Unsuitable Material f ~ / Soil Ferrous Corrosivity and Portland Cement Attack Potential a As Needed Geotechnical and Materials Testing Services City of Temecula C^~+~M E ~ ~ ~`.. May 9, 2006 Page 12 of 25 Pi ~ fa'/i! - &xhibit A -Petra - -- Project Services 1 i.. / Environmental Concerns and Hazards / Review of Available Geologic Maps and Reports for the Region / Discussion of Material Encountered in Borings and Measured Engineering Properties / Preparation of Field and Final Compaction Reports, as Required. A Summary of Findings and Recommendations in the Report. / Review of Project Plans & Specifications with Emphasis on Geotechnical and Laboratory Materials Testing Services and Attend Progress Meetings, as Required. / Observation and Field Testing Services during Alt Phases of Site Grading (including, but is not limited to removal of unsuitable soils, approval of azeas to receive fill and mass fill placement). / Field Observation and Testing during Trench Backfilling Operations / Field Density Testing During Subgrade and Base Compaction / Field Sampling and Testing of Base and Asphalt Concrete / All Necessary Laboratory Tests to Support Field Services and to Satisfy Caltrans and Other Regulatory Agency Requirements / Batch Plant Inspections / Structure Bacl~ill Observation and Testing / Concrete Sampling and Testing / Consulting Services Requiring Corrective and/or Remedial Recommendations, if Necessary. <~ ~. ~ `~ As Needed Geotechnical and Materials'festing Services City of Temecula ~~~ ~E ~ May 9, 2008 Page 13 of 25 ~+ E ~~ t, I i. Exhibit A - ~'etra Project Services Project Approach The following flowchart depicts Petra's typical approach to as-needed geotechnical projects. Preparation of Scope Schedule Budget Issuance and Review of Work Order Project Tracking Team Review of Scope Schedule Budget Monitoring and Adjustments Cost ControV cast Managemrelt ~~ Adjushnpnts Seope Irrk~rvY Suhnitto Schedule Review - CRy endyer e ieceiptef ProjeDt A~tlgents Ilak Ordre Mangy In'fiate from the Reviews Prajeat Ci Work Order ~~~~ AdministraBor Tasks Enteied F~fiered into the Ass' ns Job ~ into the Budget g~ Traeld u.~ u.e. Traokln9 ~~n 9~ ~ n9 Team/ All Irrstmcfied to tVotiTy PM Suhcontradors if Unforeseen Corplitions RewewSeopd or Cast Controllssues ~~~ Require ReSision of AaoPe Budr~et --_. Progre~ Elryenses y~y Report of PM Receives Monibodng Assured to Job Labor Hours/ Monthly Invoichrg w...:~ u.~.a.e. ~...e..e~ Summary bar Variarxes in PM Reviews Rep01fS~ VI I .. ~ROrdas ~. Seope/Cond~ions/ Acceptance Prepaze Chargre Project Specs Adp~shnerds PrajectDe6trerj E~tiue Prajact Report Review ~_ ~ Oh-TIInB Management forVadanees Acceptance Within Budget Exhibit-A -Petra iV Project Services ~..~ Scope of Services Geotechnical Analysis ofSoils -Our scope of services for geotechnical evaluations and soil testing can vary significantly with the requirements of individual projects. Geotechnical evaluations typically address commonly defined issues such as required remedial grading, earthwork guideliries, slope stability, settlement potential, and foundation and pavement design. Particular emphasis will be placed on those aspects having potential impact on the project. Site conditions, both surface and subsurface; proximity to active faults; proposed grading; structural loads; and traffic demands all have an impact on the approach to the evaluation. By defining the project requirements, reviewing available relevant published and unpublished literature, and conducting a preliminary site reconnaissance, the field exploration program can be tailored to the specific needs of the project at hand. The following is atypical scope of services for a project. Actual details will vary depending on the type of projects and work needed. As part of the geotechnical design, we would perform subsurface exploration, laboratory testing and engineering analysis to provide recommendations. for design of the proposed facility, including earthwork recommendations. Our services would consist of the following main tasks. Attend Prgoject ~ Site ~ Sup urface Meetin s Reconnaissance Ex loratlons Evaluate Nature/ Stratigraphy of Subsurtace Soil Obtain Undisturbed and Bulk Samples Engineering Preparation of Review Final Evaluation of Report Documental Data Drawings/Specs i~ i_ Pertorm Laboratory Tests on Samples Determine Static Physical SoiF Properties Provide Comments/ Recommendations As Needed Geotechnical and Materials Testing Services City of Temecula ~~ 1 May 9, 2068 Page 15 of 25 Exhibit A -Petra. _ ~1 ~~ .Project Services ': r -i Soil Testing -Soil testing services will be supervised by a California Registered t.reotechnical i ~,~ Engineer. Internal Quality Assurance and Quality Control Programs will be implemented and maintained during the course of each project. The proposed services will be in compliance with r-~ California Test Methods as specified in the Caltrans Manual of Testing and will meet the latest ~, ; requirements of ASTM and CBC established standards, as well as in accordance with project specifications and established conshuction practices. Jn general, Petra will provide the following a i soil testing services: Laborato ~ Observe/Test Observe Observe Excavation Testing for Field Compacted Fllls Building S i l ',:i ControU Material Acceptance .Excavation ec a p Requirements As-Needed ` y Footing Geologic/ Other Services Final Grading i.:J Observation/ Engineering as Requestetl by Reports ll Accepiance ConsuNation City ~..1 ,~'j As Needed Geotechnical and Matwials Testing Services Gty of Temecula May 9, 2008 Pags 18of25 ~~ PE ~'a'f;~ i ., I; Exhibit B -Petra rhI 1 Fee Schedule i-~ STANDARD FEE SCHEDULE GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING z . January 1, 2bO8 ~` Professional Services (Engineers, Geologists Environmental Scientists) f. , Senior Principal (Review and Consultation) $ 200.00/hr. f Pdncipal $ 180.00/hr. ~ Senior Associate $ 165.00/hr. i~- Associate $ 150:00/hr. Senior Project $ 145.00/hr. .l Projed $ 125.00/hr. ~ i Senior Staff $ 110.00/hr. :; Staff $ 100.00/hr. Assistant $ 80.00/hr. i _I Senior Fault Hazard Specalist $ 185.00/hr. Fault Hazard Specialist $ 150.00/hr. Forensic Services (Engineers, Geologists, Environmental Scientists) Senior PrindpaVPdncipal (Review, Analysis, Consultation) $ 275.00/hr. t- Senior Pdncipal/Principal (DeposHions, Headngs, Mediation, Tdals, r/z Day Increments) $ 350.p0/hr. " Senior Assodate/Associate $ 225.00/ttr. L' j Senior Project/ Project $ 175.00/hr. `' Technical Services l Supervising Engineering Technician $ 100.OOmr. `j J Senior Engineedng Technician $ 80.00/hr. Engineering Technician $ 70.00/hr. _ ~ Field Technician (Prevailing Wage Projects) $ 90.00/hr. l l Deputy Geotechnical Inspector $ 100.OOfir. .I ` ~ Senior l2boratory Technidan $ 85.00/hr. ~~ Laboratory Technician - $ 70.00/hr. i Draftsperson $ 85.OO/tir. _;,} Support Services ' ` Copy Rate $ 0.25/sheet + ~ PDF File Transmittal $ 15.00/file ~_ CD File Transmittal $ 35.00/file Outside ConsultaMS Cost + 26% ` Ddlling/Equipment Rental Cost +20% Blue nnts/Posts e/Frei ht 9 Cost+20% TraveUSubsiden e ~~ Subsistence Cost .Field Equipment Usage $ 5.OO/hr. r. Word Processing/Clerical $ 65.00/hr. .Client Requested Accouming $ 65.00/hr. NOTE: Travel time to field job sites is charged on a portal to portal basis at the appropriate howdy rate. Overtime for non-registered professionals and technicians is $35 over the howdy rate. A minimum of two hours will be charged for all personnel and company field equipment usage. As Needed Geotechnical and Materials Testing Services City of Temecula C May 9, 2008 Page 24 of 25 PET~q AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. ANNUAL AGREEMENT FOR GEOTECHNICAL AND MATERIALS TESTING SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation ("City") and Leighton Consulting, 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 July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one (1) year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. 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 website at http://www.dir.ca.gov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885514.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,OOO.OQ) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar 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 5. 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 ar duty to continue compensating Consultant far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: Leighton Consulting, Inc. 49795 Entrprise Circle N., Suite 903 Temecula, CA 9259a Attention: Arasan Singanayaham, PE 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct ar indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Leighton Consulting, Inc. 49795 Enterprise Circle N., Suite 903 Temecula, CA 92590 Attention: Arasan Singanayaham, PE Phone: (959) 296-0530 Fax: (959)296-0534 Arasan Singanayaham, PE [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL GEOTECHNICAL AND IUTATERIALS TESTING SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 _.........._. Exhibit'6 - ~,emgl}tpa On•Call Geotechnical and Material Testing Services City of Temecula May 9, 2008 Services ^ ^^ i. Geotechnical Gonsulting From designing slope stabilization aitematives to repairing slope failures, to preparing sound foundation design parameters, to forecasting the intensity of future seismic ground shaking at a sRe, Leighton helps to protect our clients and the public from the negative impacts of our natural surroundings. Because we have completed thousands of projects in the region, we have developed a vast database of local geology and geotechnical conditions, which is available to Leighton's engineers and geologists. Working with Leighton, you indirectly gain the advantage of this historical and scientific database. '~ i...l ~i I_, Observation and Testing During Site Improvements During construction our work typically consists of geotechnical observation and testing of the field activities being undertaken by your contractor, in conformance with the project specifications and the City requirements. Our ability to solve field problems quickly and effectively keeps your field costs under control, while confirming that the contractor is meeting the job requirements. Our field technicians, engineers and geologists work closely with your grading and utilities subcontractors to provide you with competent subgrade to support foundations, concrete flatwork and roadway pavements, and to confirm that the earthworks are performed in accordance with the geotechnical recommendations and project specifications. During this phase, we may be responsible for: • Geotechnical observation and testing during site grading andlor construction • Rapid response by our local Temecula engineers and/or geologists to evaluate unexpected site conditions • Geologic mapping and approval of excavations • Groundwater monitoring and testing ^ Confirmation testing of site soil and construction materials in our local Temecula laboratory • Certification of conformance with project specifications based on our testing and .observations during construction. Soil Testing Leighton performs more than 80 soil test methods in its Temecula laboratory, including a wide variety of routine tests as well as highly sophisticated test programs in support of research and construction. They include relatively simple tests such as pH and sieve analyses, to extremely complex tests such as triaxial and torsional shear strength. Tests are run in accordance with ASTM, Caltrans, EPA, and other standards. We can also respond with additional testing methods modified to meet specific field andlor contract conditions. :_i Leighton Consulting, Inc. 2 ll ~, - - Exhibit A -Leighton .i j On•Call Geotechnical and Material Testing Services City of Temecula May 9, 2008 Upon test completion, we provide both hard copy and computer generated reports, via a-mail or compact disk, upon request. Data is typically reported in Excel, gINT, or Grapher formats, ~_~ depending on the City's needs and project requirements. Raw data may also be appended to the final report via specific request. All test reports are reviewed and approved by our Civil -~ Engineer of Record. f I We adhere to a strict yearly calibration and maintenance program. Ali of our lab equipment is calibrated, the majority by a third party, to ensure proper operation and production of high ~~ quality results. Calibrations are documented on a yearly basis and are available for review. f Soil Tests routinely pertormed r~-~ R-Value (treated and untreated) Maximum Density ~ Triaxial !Permeability Optimum Moisture Content Consolidation Expansion Index `,. ~ Swell /Collapse pH Sand Equivalent Sulfate Content Atterberg Limits Chloride Content Particle Size (Sieve) Soil Classifications j California Bearing Ratio (CBR) Direct Shear Direct Shear Organic Matter Content Residual Shear Torsional Shear ;- ~ fl s.: i t Material Testing and Deputy Inspection Laboratory Capabilities We operate three laboratories (Temecula, Irvine, and San Diego) that can provide the full range of materials testing and geotechnical soils testing. Through our extensive inventory of equipment and the abilities of our cross-trained staff to handle many types of samples and tests, we routinely accept large volumes of samples. If it becomes necessary, we have the ability to load-level our tests between our laboratories, which allows us to accept large volumes of samples and remain responsive to our client's needs when fast turn-around times are required. Incorporating state-of--the-art technology and proactive management practices, we significantly reduce the fag time in generation and distribution of laboratory and field reports, essential for adherence to critical path schedules. Our experienced administrators establish a paper trail that assures reports will get to the proper designees as needed. story was inspected and certified by Leighton's laboratory has been audited and approved by DSA, calfrans and AASHrO, ensuring the AASHTO, U.S. Navy, U.S. Army Corps of Engineers, highest quality performance from this Caltrans, convenient location. City of San Diego, City of Los Angeles, NICET, and the U.S. Department of Agriculture. Our laboratories participate bi-yearly in Cement and Concrete Reference Laboratory (CCRL) Sample Proficiency Testing and consistently achieve the highest possible ratings. Aii construction material samples come directly to our laboratory for in-house testing, assuring quick turn around for results, thereby not holding up "on-the job" decisions. All materials test reports are reviewed by our Civil Engineer of Record for accuracy prior to being distributed to our clients. `_) !:; Leighton Consulfing,lnc. 3 ;_:1 ,1 _._ Exhibit A -Leighton I :..:_i ~-~ i_. i '- _.~ c ~~ ?- ~.1 =j ~.: i__, ~~ c °~ i ..~ :; On•Call Geotechnical and Material Testing Services City of Temecula May 9, 2008 Material Tests routinely performed Compressive Strength -Concrete Compressive Strength -Mortar.. Compressive Strength -Grout Compressive Strength -Masonry Units Compressive Strength -Roofing Tile Modulus of Elasticity -Concrete SplitOng Tensile -Concrete Tensile Strength -Reinforcing Steef Bend Test Reinforcing Steel Organic Purities Drying Shrinkage -CMU Moisture -CMU Unit Weight -CMU Absorption -CMU Asphalt Extraction Aggregate Testing Durability Density/Asphalt Absorption Bulk Density Asphalt Marshall / HveemTest Specific Gravity Deputy Inspection Our many years of project experience enables us to provide a deep roster of experienced, veteran, multi-ticketed, certified ICC deputy inspectors for reinforced concrete, precast concrete, post-tension concrete, epoxy anchors, structural masonry, structural steel shop fabrication, field welding, high strength bolting and spray-applied fire-proofing. During construction we verify steel reinforcement (rebar) for size, grade and clearances. Our inspectors also confirm that splices or welds conform to specifications and observe the placement of rebar and concrete. Our team will inspect structural masonry, including the placement and grouting of masonry units; post-tensioned concrete to include tendon and rebar placement, concrete placement and stressing of tendons; structural steel shop fabrication plant . inspection, including review of welding procedures, welder qualifications, and shop welding; on- site erection, welding and bolting; non-destructive testing at both the fabrication shop and in the field; and spray applied fireproofing will be inspected by our team for proper application, thickness and sampling to determine density of the material. Field Services Asphaltic Concrete Reinforced Concrete Concrate /Asphalt Batch Plant Reinforcing Steel Pre-Stressed 8 Posttensianed Concrete Gunite & Shotcrete Insulating Concrete Pre-cast Concrete Fabrication Epoxy Injection Structural Masonry Structural Steel/Weiding/Bolting Structural Steel Shop Fabrication Torque Testing • Spray-Applied Fireproofing Ultrasonic Testing Magnetic Particle Testing Dye Penetrant Testing Coring of Concrete & Masonry Ground Rod Tests Moisture Tests -Concrete Siab Pachometer Schmidt Hammer Soil Collection Earth Anchor Hold-down Pre-Structural Pila Manufacturing Pite Driving Glu-Laminated Fabrication Pull-Out Tests Leighton Consulting, Inc. r i l i l:. Exhibit B -Leighton €' i f~ I L -.. i 2008 PROFESSIONAL FEE SCHEDULE* CITY OF TEMECULA -ANNUAL AGREEMENT FY2008-2009 PROFESSIONAL SERVICES Technical Staff Hourly Rate Soil/Field Technician (Prevailing Wage) •` ..................................... .....................................$336 $80 Special Inspection, Concrete, Batch Plant (Prevailing Wage) " .... :........................................80 80 Staff Engineer/Geologist/Scientist/Field Supervisor ....................... ...................................:....1-24 115 Operations Manager/Equipment Operator ...................................... ................:.....................360 145 Project Engineer/Geologist/Scientist ..:............................................ ......................................360 145 Senior Project Engineer/Geologist/Scientist ................................... ......................................a7& 180 Assoclate ........................................................................................ ......................................398 170 Pdncipai .......................................................................................... ......................................245 170 Technical Support Staff Hourly Rate Administrative Assistant/Word Processor ..:.................................... ......................................$78 65 CAD Operator/Technical Illustrator/GIS 5pecialist .......................... ......................................110 Engineering Equipment Unit Rates Vehicle usage ................................................................................. .................. $3210 per hour Nuclear density gauge .................................................................... .... NO CHARGE 88 per day Other equipment ............................................................................. .......... Quoted upon request TERMS AND CONDITIONS • Overtime for field personnel (technician and field staff level) will be charged at 3:61.2 times basic hourly rate listed above up to 12 hours per 24 hour interval, and ~ 1.5 times basic hourly rates when exceeding 12 hours in 24 hours, and/or during Sundaysand holidays. • 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 ara valid for minimum of 39 90 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. • Client agrees to provide all information in ClienPS possession about actual or possible presence of burled utilities and hazardous materials on the site, and agrees to reimburse Leighton Consulting, Inc. for all costs related to their unanticipated discovery. • These rotes are predicated on standard insurance coverage and a limit of liability to ourfees for the project • For "paid when paid° contracted work, Leighton Consulting, Inc. shall receive payment within 10 calendar days from when our Client receives payment for ourservices. • Minimum Hourly Charges for. Field Technicians: 1. Monday-Friday ................ NONE °:,;,a,R 2. Saturday and Sunday...... NONE ^ '^^~-~.,~,,..,,..^~'^ --,,,;. ' Effective through December 31, 2008, after which remaining work will be billed atthen-current rates. "Subject to change based upon project advertised date and changes in California prevailing wage rates. 9060302.1-08 LCI 41715 Enterprise Circle. N, Suite 103 I Temecula, CA 92590 p ~ 866-Leighton f ~ 951-296-0534 ~- Exhibit B -Leighton L.~ Itlenttflcation and Index Properties .................. Unit Rate Moisture Content ..........................:............................ .... $ZO Moisture and Density (ring samples) ......................... ......30 Moisture and Density (chunk samples) ..................... ......58 Moisture Content & Density (Shelby tube/cutting ).... .:....40 Atterberg Limits (3 moisture points) ............................ ...150 Atterberg Limits (organic) ........................................... ...182 Single PoinUNon-plastic .....................................:....... .....84 Visual dassificafion of point asnon-plastic ................ .....11 Particle Size: Sieve (passing 1Yzinch to - #200)........ ...110 Sieve (passing 6-inch to - #200) ................................. ...175 Hydrometer only ......................................................... ...110 Sieve and Hydrometer (1Yz-Inch) ............................... ...185 Dispersive Characteristics of Clay Soil (double hydrometer) ......................................................... .....89 Specific Gravity: Fine (passing #4) ............................. ...125 Coarse (retained on #4) ............................................. ...100 Total Porosity - OnShelbytubesampls-calculation only ..................................................................... ...137 Total Porosity - On other sample -calculation only. ...105 Photograph of sample ................................................. ....11 Shrinkage Limits (wax method) ................................... ..126 Pinhole Dispersion ..................................................:... ..210 Sand Equivalent (SE, CTM 277) ................................. ..105 Percent Passing #200 Sieve, wash sieve, only (ASTM D 1 i40) .................................................:.. ....70 Organic Matter Content (ASTM D 2974) ...................:. ....63 Soil Chemistry pH ............................................................................. ....42 Electrical Resistivity -single point - as-received molsture42 Minimum Resistivh (minimum of 3 moisture points)... ....89 pH and .Minimum Resistivity ....................................... ..131 Sulfate Content - Gravimetric ..................................... ....68 Sulfate Screen ............................................................. ....32 Chloride Content .......................................................... ...68 Corrosion Suite: pH, chloride, minimum resistively and sulfate (gravimetric) ............................................... .245 Compaction (moisture antl density curves) Standard Proctor (ASTM D 698). Compaction - 4 points 4 inch diameter mold .................................................... .182 6 inch diameter mold ................................:................... .215 Modified Prodor (ASTM D 1557) - 4 points 4 inch diameter mold .........:.:........................................ .220 6 Inch diameter mold .................................................... .245 Check Point .................................................................. ...65 Relative Density (0.1 cubic foot mold) .......................... .236 Caltrans Wet Density Compaction Curve (CTM 216}... .250 .California Bearing Ratio (CBR) - 3 points " ................ .500 -1 point' ......................................:...................:.......... .184 Concrete compression .................................................. ..25 Other tests ............................................................. By quote Leighton Consulting, Inc. ~ 2008 Fee Schedule Shear Strength ...............:.................................. Unit Rate Pocket Penetrometer ............................................... .......16 Torvane ...............................................:.................... .......16 Single Normal Load Dired Shear ............................. ..... 705 3 Load Direct Shear, Consolidated Undrained (0.05 in. /min.) ..........................................:........ .....285 3 Load Direct Shear, Consolidated Drained (<0.05 in/min.) .................................................... ....345 Remolding or Hand Trmming of specimens (3 points)... 90 Residual Shear -price per additional one-way pass per point ................................................................... ...... 70 Torsional Shear ......................................................... ....620 Oriented or Block Hand Trimming ............................. ......58 Static Uniaxial and Triaxiai Strength Tests Unconfined Compression (with stress/stminplot)..... ....135 UU Test- Unconsolida[ed/Undreined (per stress).... ....188 Consolidated Undrained (CU,R) (per stress) ............ .... 375 Three Stage Triaxiai Tests ........................................ .... 608 Consolidation and Swell Tests Consolidation (wlone Ome deformation curve) ......... ....195 Each Addi0onal Time Deformation Curve ................. .....45 Each additional load/unload w/o Time Deformation Curve42 Expansion Index (EI, ASTM D 4829-03) .................... ...131 Expansion Index (UBC 18-12) ................................... ...160 Swell/Collapse Test (A) 10 normal toad/unloads w/o time curves ................................................................. ...289 Single Load Swell/Collapse Test (B) Seat, load, and inundate ............................................................. ...105 Collapse Potential of Soils (ASTM D 5333-03) .......... ...220 Laboratory Permeability Tests Permeability (Hydraulic Conductivity) -Undisturbed driven tube sample ............................. ...184 - Remolded specimen ............................................... ... 236 Triaxiai Permeability (atone effective stress) ............. ... 310 - Each Additional Effedive Stress ............................... ..121 - Hand Trimming for Horizontal K ................................ .... 58 -Daily charge for Long Term Tests (> 7 days) ............ ....47 Remolding of Test Specimens .................................... ....58 Air Permeability (includes moisture & densiry) ............ ..100 Air Permeability (modified for soils) ............................. ..173 Caltrans Pavement Subgrade R-values R-value, untreated soils (CTM 301, 3/2000) ............... .. 310 R-value, lime or cement Vested soils (s7% additive).. .. 338 Sampling Equipment Charges Box of Sample Rings (28 samples per box)......... $125/box Daily Ring-Lined Drive Sampler Equipment Usage.. 3 7/day i.~ ~,i All soil samples should be free of hazardous matertals. Standard turnaround time far test results is f 0 working days. Samples will be stored for 2 months after which they will be discarded. Prior notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve will be applietl. p l 888-Leighton f ~ 951-298-0534 page 212 soso soz - 1-oa La Leighton ITEM N~}. 1G Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Professional Services Agreements for Engineering and Construction Survey Services for Various Capital Improvement Projects for Fiscal Year 2008-2009 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP Laura Bragg, Project Engineer-CIP RECOMMENDATION: That the City Council: 1. Approve the agreement with Hall & Foreman, Inc. in the amount of $100,000 to provide as needed engineering and construction survey services; and 2. Approve the agreement with David Evans and Associates, Inc. in the amount of $100,000 to provide as needed engineering and construction survey services; and 3. Authorize the Mayor to execute the agreements. BACKGROUND: There are various projects described in the approved Capital Improvement Program for Fiscal Years 2009-2013 that will require engineering and construction survey services. The attached agreements are for two (2) separate one year agreements to provide as needed services and these services will be utilized on projects that are approved in the Capital Improvement Program or for special projects that come up throughout the year. A Request for Qualifications was sent out on April 21, 2008 and responses were received on May 9, 2008. Of the thirty-one firms that responded, two (2) firms have been selected for agreements so that the City is assured that at least one firm will be available when needed. The City reserves the right to extend the agreements for an additional year pursuant to the terms specified in the agreements. Once the agreements are executed, each service request will be negotiated separately with one of the two (2) firms and may contain some or all of the following services: • Research existing survey data such as maps, records of survey, monument ties, and benchmarks • Locate existing monuments • Performing boundary and control surveys • Prepare legal descriptions and plat maps for right-of-way acquisition • Perform Aerial mapping and topographic surveys • Establish and verify horizontal and vertical control • Locate horizontally to Q.1 + feet all existing facilities • Performing field surveying for project design purposes • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. The actual number of prajects and costs are not known at this time. Payment will be based upon actual time spent on tasks as directed by the Director of Public Works. FISCAL IMPACT: The Consultant will submit a cost proposal for each service request. Once a scope of service and a schedule of fees are negotiated, funds are allocated from the corresponding project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. ATTACHMENTS: 1. Professional Services Agreement with Hall & Foreman, Inc. 2. Exhibit A - H&F Scope of Work 3. Exhibit B - H&F Payment Rates 4. Professional Services Agreement with David Evans and Associates, Inc. 5. Exhibit A - DEA Scope of Work 6. Exhibit B -DEA Payment Rates AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND HALL & FOREMAN, INC. ANNUAL AGREEMENT FOR ENGINEERING AND CONSTRUCTION SURVEYING SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation ("City") and Hall & Foreman, 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 July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one {1) year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. 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 website at http://www.dir.ca.c~ov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885515.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,0OO.OQ) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars {$50} in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten {10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 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 far 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: Hall & Foreman, Inc. Three BetterWorld Circle, Suite 200 Temecula, CA 92590 Attention: Jon E. Bourgeois, PE 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct ar indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Hall & Foreman, Inc. Three BetterWorld Circle, Suite 200 Temecula, CA 92590 Attention: Jon E. Bourgeois, PE Phone: (959)294-9300 Fax: (959)299-9309 Jan E. Bourgeois, PE [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING AND CONSTRUCTION SURVEYING SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 aecaon s warx wpproacn Work Approach HFI's project approach is based on our understanding of your expectations for each specific project task, as well as your long-term goals, and your concerns. Our commitment to you is excellence in all technical, management and administrative areas. We bring to your project a broad range of surveying " abilities, knowledgeable personnel, and our long-standing experience within -j the public works sector. The following are ingredients that HFI brings to the ~ successful performance of a new, municipal project: • Listen and Understand the Specfics of Each Project. As each project is proposed, HFI will meet with Agency staff and other stakeholders, to listen to the goals, scope, and schedule of each project. From that input, HFI. will prepare a detailed project approach based on the specifics of the project. `5 • Assign the Appropriate Staff and Subconsultants. Once HFI has determined the services necessary for the project and the details of the schedule, HFI will assign the appropriate staff and subconsultants necessary for the successful completion of each project. i ] • Work Closety With City Staff. HFI will function as an extension of the City's staff. HFI will keep the City informed of the status ~ and progress of the project through meetings and electronic cbmmunications. f • Team Coordination. On projects that include subconsultants, HFI feels that emphasizing close team coordination by the exchange of ideas and information through meetings, telephone, e-mails, and memos will keep the channels of communication open and contribute to i a successful project. • .Utilize Quality Assurance/Quality Control Procedures. HFI has I procedures that are utilized for the QA/QC of design projects prior to ;. ' submittal for reviews or approvals. These procedures include in-house reviews to determine that the appropriate design methodology Is being utilized at the beginning and throughout the project. • .Project Scheduling. HFI will stay on schedule through the use of meetings at regular intervals. Keeping track of project needs and critlcal --~ design Issues and.project tasks.allow monitoring of your overall project . work plan. f . :=~ Project Understanding' fi'• HFI understands that the City of Temecula desires a fine that is familiar with . ~': ~ `and experienced in providing a wide variety of on-call. surveying services to ; . , allow the City to successfully complete any project. t i `~ Through past and current relationships with various Cities, Counties and other agencies through Southern California, HFI'has developed a w(de range of experience from which to draw. That experience allows HFI to have a unique understanding of what an agency needs from their consultant in the final product, as well as in responsiveness. 080562.0000 24 :, Exhibit A -Hall & Fpre~ari Section 3 HFI's daily surveying operations include, among other things, performing Work Approach tasks such as establishing survey control networks, setting street intersection monuments, prepaHng legal descriptions, preparing exhibits in AutoCAD, performing construction staking, locating utilities, performing site surveys, establishing property Ilnes and monument locations, as well as coordinating traffic control for surveys. As a result, HFI has developed methods that improve efficiency, cost savings, and ensure accuracy of the final product. This wide array of experience will allow HFI to utilize the most efficient and cost effective procedure to provide the results needed by the City's design staff. Technical Work Plan After assignment of a Task, HFI will work closely with the Ctty staff and other affected agencies to initiate the project with a kickoff meeting. HFI will document this meeting and distribute meeting noths within five days after the meeting. This meeting will identify project specific goals and establish project requirements such as scope, schedule, and deliverables. To ensure efficiency and project understanding, HFI will also conduct an in-house kickoff meeting to go over the specific project plan details with HFI f team members, as well as assign project responsibilities and establish milestone II da1~s. ~ If the assigned task Involves field surveying, HFI's Ffe[d Survey Manager will ;. i coordinate the tasks and timing of the field survey work to ensure that the appropriate survey data Is collecCed and is comple#e. The Field Survey Manager will also work with office staff to assure accurate and complete drafting of the survey data: If the assigned task includes preparation of legal descriptions, exhibits, or . some other form of mapping products, the work will be done under the direct - supervision of a California licensed Professional. Land Surveyor. Review of any surveyor mapping product created by HFI will go through ,~ a thorough final. review by the California licensed Professional Land Surveyor, prior to delivery to the City, to ensure compliance with the project . requirements, accepted standards of practice, andJor any State, County, or City ordinances. Through the.many years of providing services Co various agencies, HFI has ~ ~ established QAJQC procedures for the various types of tasks to be performed -~ for the City. Each project will be. reviewed to make sure, it passes our QA/QC . review prior to submittal.. :,: :~ Scope of Work. 1. ,IClckoffi'Meeting "~ HFI will meet with City scoff Co kickoff the project upon receiving the Notice ~. to Proceed (NTP). - 2. Research and Data Collection ~ Research the data necessary to successfully perform the assigned task. Depending upon the assigned task, this could include research of City survey and engineering records, as well as performing research with the offices of the County Surveyor and County Recorder I I 080562.0000 25 Exhibit A -- Ha11~ & Foreman - Exhibit A -Hall & Foreman Section 3 Work Approach Site Reconnaissance and Project Planning ~'~ HFI will visit the project site, if on-site surveying is part of the task, in order to understand the spedfic project challenges. HFI will then develop a project plan to perform the requested task in the most efficient and accurate manner. 4. Field Surveys HFI will conduct field surveys in a manner consistent with the accepted standards of practlce for the type of survey work being done (i.e., boundary survey, control survey, design survey, thpographic survey). Where necessary, HFI will verify and establish both horizontal and vertical control and identify existing facllitles to an accuracy of 0.1 feet. HFI will also pertorm the work in a manner that minimizes disruption to citizens of properties adjacent to the projector area to be surveyed. HFI will also utilize survey practices that will minimize the chance of causing harm to landscaping or improvements on adjacent properties and wilt immediately notify authorities of any accidental damage. S. Legal Descriptions and Exhibits HFI will prepare legal descriptlons and exhibits for properly acquisitions, conveyances, easement dedications or vacations, and street dedications or vacations, as assigned, in accordance with accepted mapping practices and in accordance with the Land Surveyors Act. 6. Construction Staking HFI will perform censtruction staking including centerlines; limits of clearing 1 and grubbing; and construction; slopes; saw cuts; edge of pavement; layout lines; drainage structures; and curb & gutters, as needed. i 7. Additional Services HFI can also provide other services to the City of Temecula to enhance the efficiency of the projects undertaken by the City. Some of those services I include: ` • High-Definition Laser Scanning HFI will use It's Leica HDS3000 3D laser scanner to provide the City with detailed topographic surveys of complex or difficult to occupy project sites. The laser scanner allows us to model busy roadway surfaces with a minimal disruption to traffic and without subjecting our surveyors to the traffic dangers. The scanner is also very useful for collecting topographic data on land slides, steep slopes, hazardous waste sites, stockpiles, borrow sites, historically significant buildings, and many other ~:; sites where detail is required. • Aerial Topography HFI utilizes theservices of Arrowhead Mapping Corporation for aerial mapping/photogrammetrical services, when needed. Arrowhead Mapping Corporation is a registered WBE/SBE firm and can help the City meet any related goals. _7 • ALTA Surveys for use in the acquisition or disposition of properly. • Tract Map/Parcel Map Preparation, to subdivide City-held properly. • Record of Survey Preparation, to provide conformance with the Land Surveyor's Act, of retracement surveys done on behalf of the City. 060562.0000 Z6 :~ Exhibit B~-Hall & Foreman OFFICE: Principal $195.00/Hour Project Management (VP/Sr.-Prof. Dir./Proj. Dir./Proj. 8c Survey Mgr) $165.00/Hour Senior Engr./Proj. Eng./Proj. Surveyor/Sr. Designer/Principal Planner $135.00/Hour Staff Engineer $115.00/Hour ] Designer/Assist. Proj. Mgr/Planner/Survey Analyst $105.00/Hour Drafter/CADD Technician/Senior Analyst $ 95.00/Hour Project Assistant/Expeditor/Assist. Engineer $ 80.00/Hour i Administrative $ 65.00/Hour _: j Expert Witness/Litigation Consultation $300.00/Hour FIELD SURVEY: J 3-Person Survey Crew $245.00/Hour 2-Person Survey Crew $200.OOJHour 1-Person Survey Crew $150.00/Hour '~ 2-Person High Definition Survey Crew $360.00/Hour " CONSTRUCTION: Resident Engineer $115.00/Hour Inspector $105.00/Hour ,~ '' Nota 1: Client shall pay the cost, plus 15%, for any applicable governmental ~ fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage, and delivery or messenger -~ services incurred on Client's behalf. If requested, HFI will provide a computer printout, which details these costs. HFI does not typically provide any additional i backup for these generally nominal expenses as part of our fee. :... i `Note 2: In the event Consultant's fee schedule changes due to any increase of '. costs such as the granting of wage increases and/or other. employee benefits to u. l field or office employees due to the terms of any labor agreement, or increase irr the cost of living, during the lifetime of this agreement, a percentage increase "~ shall be applied to all remaining fees and charges to reflect the increased costs. :_~ Note 3: The fee stated herein does not include any sales or use tax. In the s event that a sales and/or use tax is imposed by local, state, or fiederal authority, , r upon the services rendered hereunder, such sales and/or use tax shall be Iri addi- tion to said. fee hereiri, and shall be the full .responsibility of the Client. 080562.0000 30 .7C14NY11 D Rate Schedule SCHEDULE OF HOURLY BILLING RATES Effec~lve November 1, 2007 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC. ANNUAL AGREEMENT FOR ENGINEERING AND CONSTRUCTION SURVEYING SERVICES FOR FISCAL YEAR 2008-2009 THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation {"City") and David Evans and 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 July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for 2 one (1) year additional terms. In no event shall the contract be extended beyond two years. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI}. 2. 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 Lobar 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 website at http://www.dir.ca.gov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. C:\Program Files (x86}1Neevia.ComlDocument Converter~femp\885516.doc 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars {$50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten {10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 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. 2 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three {3) years after receipt of final payment. b. Upon completion of, or in the event of termination ar suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs ar expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 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: 3 CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. and in aggregate 4) Professional Liability coverage: One million ($1,000,000) per claim 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 na special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be an 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. 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 ar have the power to incur any debt, obligation ar 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 far 5 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 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply ar mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6 To Consultant: David Evans and Associates, Inc. 9955 Chicago Avenue, Suite 200 Riverside, CA 92507 Attention: Bernard J. Mclnally 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct ar indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. 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. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: David Evans and Associates, Inc. 9955 Chicago Avenue, Suite 200 Riverside, CA 92507 Attention: Bernard J. Mclnally Phone: (959)682-8500 Fax: (959}682-8505 Jan E. Bourgeois, PE [Signatures of Two Corporate Officers Required] R EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING AND CONSTRUCTION SURVEYING SERVICES FO R FISCAL YEAR 2008-2009 9 EXHIBIT B PAYMENT RATES AND SCHEDULE 10 ~~~ ',~ ~ ,= i , t -nr l_ pp ~ ~~ ~~i~~~'~ ~ onvio evntvs ;~~r1~1 Section 4: Understanding and Approach Methods Proposed to Accomplish the Work DEA's land surveying project approach is to provide a single point of contact for the Cit}~s survey task manager in order to facilitate the implementation, coordination and monitoring of each task order. DEA's survey manager for this assignment is Mr. Robert Vasquez, P.L.S. His over 20 years of public and private sector experience provides him and the city with the level of experience needed to foresee issues on the project before they become problems and to manage each task order to a successful conclusion. Our approach to the various on-call/as needed survey tasks is as follows: Client shall pay the costs, plus 15~, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and de]ivery or messenger services incurred on Client's behalf. 2. Client will obtain all permits for encroachment. 3. DEA will meet with all public agencies as it applies to the survey work 4. DEA will utilize a 2-man crew for all tasks assigned. In the event a 3-man crew is necessary, DEA will request for approval by the city prior to deployment. 5. Client will provide all necessary record data including, but not limited to, planning documents, record maps and documents, field surveynotes and all electronic data necessary to complete the project. 6. DEA will provide all electronic data in AutoCAD 2008 or earlier. 7. DEA understands that any changes or substitutions to the organization chart shall require the approval of the city project manager. Proposal for Engineering and Construction Survey Services - -Extjibit A _- DEA i~ d': ~H.--:: {i .~ f` Field Survey -Work Flan Signed Task Order •Review of Task Order Prepare Deliverables •Horizontal and Vertical Control Projects •Electronic Files -'To Reach and monument descriptions, coordinates •Topographic Data •Electronic CADD Files •Nardcopy Drawings •Mapping • Electronic AutoCAD Files •Hard Copy Drawings • Corner Recordslries Final Quality Control Review Locate Found Monttmentation •Proper GPS Procedures, GPS Processing and Accurate Field Notes •Produce Final Report •OC-Comparison of Measured to Record Verify/Supplement Existing Project Control •GPS Processing and Network Adjustments • Processing and DTM Creation • Drafting deliverables • On-Going Quality Control Reviews Assign Proper Staff •Coordination with Project Staff •Review BudgeVSChedule Research Project Control •PrimaryControl •Project Standards, Correct Datum and Accuracy Standards •Research Record Data Search and Recover Monuments •Search Coordinates •Tie Out Monuments as Necessary •Prepare Corner RecordslTie Sheets •OC-Checklist of searched and found control Proposal for Engineering and Construction Survey Services - -Exljibit B - r-;::, `~V :~fi5 ~V3" 55~a~1 ?L1 . Section 6: Rate Schedule • Principal $205.00 Project Manager $175.00 Professional Engineer $160.00 Professional Land Surveyor $160.00 Professional Landscape Architect $150.00 Professional Architect $150.00' Professional Planner $150.00 Survey Analyst $145.00 Civil Designer $140.00 Landscape Designer $115.00 Land/Environmental Planner $115.00 CADD Designer $115.00 . CADD Drafter $100.00 Clerical ~ $80.00 Note.• Authorizedovertime wi!!be chargedat/.Stimes the aboverate. 2-Person Survey Crew $250.00 3-Person Survey Crew $315.00 Note: Perunionagreement, thereisa9; 6-and8-hourminimumchargeforfieldsurveywork. ~ t- Client shall pay the costs, plus l5%, for anyapplicable governmental fees, title company charges, subconsultant Fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. "These rates are subject to a 59 increase per year starting October I of any given year. Proposal for Engineering and Construction Survey Services I DAttlD EVAtVS ANO ASSC~ClATt=~ ;NC. Tune 11, 2008 Ms, Laura Bragg Project Engineer City of Temecula Public Works Department 43200 Business Park Drive Temecula, California, 92590 Subject: CLARIFICATION TO PROPOSAL FOR ANNUAL AGREEMENT FOR ENGINEERING AND CONSTRUCTION SURVEY SERVICES Dear Ms. Bragg: The purpose of this letter is to clarify our proposal for Engineering and Construction Survey Services dated May 9, 2008. It is our understanding that as part of this proposal, and pursuant to item 2 under the General Information heading shown on sheet 2 of the Request for Qualifications (RFQ), David Evans and Associates, Inc. will not bill the City of Temecula for any travel time or expenses associated with it, nor will a set minimum number of hours for each site visit be charged. We are looking forward to a great new partnership and relationship with the City of Temecula. Should there be any questions regazding this letter, please do not hesitate to contact me at {951) 368-2860. Sincerely, DAVID EVANS AND ASSOCIATES, INC. Bob Vasquez, PLS Project Manager Page 1 of 1 ITEM N~}. 17 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Authorize Temporary Street Closure of Pauba Road between Margarita Road and Showalter Road for the "July 4th, 2008 Fireworks Show" and Delegate Authority to Issue Special Events/Street Closures Permit to Director of Public Works PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREETCLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4T" 2008, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES BACKGROUND: The Annual City-sponsored "July 4th 2008 Fireworks Show" necessitates temporary street closures to protect the participants and facilitate this event. The subject special event requires the closure of a portion of Pauba Road between Margarita Road and Showalter Road and the streets abutting Pauba Road for a period of 11:00 AM until 11:00 PM on July 4, 2008. Residents living within the closure area will be allowed access to their homes. 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 necessaryfor the 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 rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authorityto temporarilyclose streets for these special events. The subject resolution delegates the authority to approve temporary street closures for the specific event, the Temecula Community Services Department sponsored "July 4t"2008 Fireworks Show"to the Director of Public Works. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subject to the approval of the CityCouncil 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. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessarywarningond advisorydevices bythe Temecula Community Services Department and the City Public Works Maintenance Division are included in budgetary items. ATTACHMENTS Resolution No. 2008- RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4T" 2008 FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER 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 far the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, The City of Temecula sponsors the annual "July 4th 2008 Fireworks Show", for which such temporary street closures promote the safety and protection of persons using ar proposing to use that street or streets for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for this annual "July 4th 2008 Fireworks Show" on July 4th, 2008; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works to approve temporary street closures for annual "July 4th 2008 Fireworks Show", 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 Director of Public Works to permit temporary street closures for the annual "July 4th 2008 Fireworks Show" on July 4, 2008, and affirms the general rule that all other temporary public street closures shall be approved ar denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM N~}. 18 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2007 SUBJECT: Authorize Temporary Street Closure of Old Town Front Street between Moreno Road and 2nd Street; Main Street from Bridge to Old Town Front Street; 2nd Street; 3rd Street; 4th Street; 5th Street; 6th Street; and Mercedes Street between Moreno Road and 2nd Street for the "Star Spangled 4th of July Parade" and Delegate Authority to Issue Special Events/Street Closures Permit to the Director of Public Works. PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREETCLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND 2"D STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; 2ND STREET; 3RD STREET; 4T" STREET; 5T" STREET; 6T" STREET; AND MERCEDES STREET BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED 4T" OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES BACKGROUND: The Annual City-sponsored "Star Spangled 4th of July Parade" necessitates temporary street closures to protect the participants and facilitate this event. The subject special event requires the closure of the entire and portions of, streets in the Old Town area on July 4, 2008 from approximately 5:00 AM until 12:00 PM (Noon). The parade hours are from 10:00 AM to approximately 11:30 AM. However, staging for the parade will begin at 5:00 AM on Mercedes Street. The police department will determine the exact hours of street closures. Also, no parking will be allowed on these subject streets from 5:00 AM until 12:00 PM. 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 necessaryfor the 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 rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authorityto temporarilyclose streets for these special events. The subject resolution delegates the authority to approve temporary street closures for the specific event, the Temecula Community Services Department sponsored "Star Spangled 4th of July Parade" to the Director of Public Works. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subject to the approval of the CityCouncil 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. FISCAL IMPACT: The costs of police services and for provision, placement, and retrieval of necessarywarningond advisorydevices by the Temecula Community Services Department and the City Maintenance Division are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2008- 2. Vicinity Map RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND 2ND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; 2ND STREET; 3RD STREET; 4T" STREET; 5T" STREET; FTH STREET; and MERCEDES STREET FROM MORENO ROAD TO 2N° STREET FOR THE "STAR SPANGLED 4T" OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 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 sponsors the annual "Star Spangled 4th of July Parade", for which such temporary street closures promote the safety and protection of persons using or proposing to use that street or streets for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for this annual "Star Spangled 4th of July Parade; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works to approve temporary street closures far the annual "Star Spangled 4th of July Parade", 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 Director of Public Works to permit temporary street closures for the annual "Star Spangled 4th of July Parade" on July 4, 2068, and affirms 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 24h day of June, 2048. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk stir RANCHO CALjFORNIA RD :~~ ~i, >> r O~ -~ =;~ ~: ti '~IORENO RD ~c c c ~n .~ o~ a c ~, ~ r o a o v y o ~ o ~ ~ ~ _~ ~ y S[XTH ST SIXTH ST I . y o ~ ~ ~ m ~ ~ FIFTH ST ~' ~ !"~' cn I~"I ~ ~ ~ FOURTH ST M_'+ ~ ~ ~ MCI 3 ^.~ o ~ ~ ~ MAIN ST ~ ^ ~~++ N ~ ~ o~+ ~Q THIRD ST ~ 0 ~n~ ~mN~ ~ O ~_ O ~~~ d , SECOND ST wL o ~. y ~d ~ o FIRST ST FIRST ST i~ /A///~ ~ y I 1O L n ~ ~ c. ~~~ ~~ v ~ ~ ,moo y ,vim `' r ~ . J ITEM N~}. 19 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Western Bypass Corridor, northern segment alignment, Project No. PW05-10 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Amer Attar, Principal Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ALIGNMENT FOR THE WESTERN BYPASS CORRIDOR FROM CHERRY STREET TO JUST SOUTH OF RANCHO CALIFORNIA ROAD, STATION 208+00 AS PLANNED, AND MAKING FINDINGS WITH RESPECT THERETO BACKGROUND: On June 4, 2008, the Planning Commission adopted PC Resolution No. 08-24 recommending to the City Council that it adopt the alignment for the Western Bypass Corridor from Cherry Street to just south of Rancho California Road, Station 208-00. The Western Bypass Corridor is identified in the Circulation Element of the City's General Plan as a Major Arterial (4-Lanes divided with 100' right of way) on the west side of the City. This bypass would connect the most northerly part of the City, Cherry Street, to the most southerly access to Interstate 15 (I-15) and State Route 79 South (SR-79 South). In addition to quick access to I-15, this connector would provide motorists with an alternate north-south route when I-15 is congested within the City limits. On March 21, 2006, the City Council approved an engineering services agreement with URS to complete a specific alignment study for the Western Bypass Corridor, Project PW05-10. During the course of the study, the City entered into negotiations with a potential developer interested in developing properties along the southern portion of the Western Bypass Corridor, from just south of Rancho California Road to SR-79 South. As a result of these negotiations, it was determined that dividing the Western Bypass Corridor alignment into two segments would provide the most flexibility for potential development along the southern portion of the corridor. The northern segment extends from Cherry Street on the north to just south of Rancho California Road. The southern segment of the corridor would extend from the southerlyterminus of the northerly segmentto SR-79 South. The City maintained responsibilityfor development of the alignment of the northerly segment, while the developer would be responsible for finalizing the alignment of the southerly segment. The ownership of the property along the southern segment has changed since the alignment study was finalized. The Citywill continue to require that any development along the southern segment of the Western Bypass Corridor complete an alignment that is consistent with adopted CityStandards and that is consistent with the alignment of the northern segment. The northern segment alignment study indicates that the Western Bypass will include a bridge over Rancho California Road. It also identifies two alternate connectors to the Western Bypass from Rancho California Road. Alternate 1 proposes a connection from the south side of Rancho California Road to the west side of the Western Bypass and Alternate 2 proposes a connection from the north side of Rancho California Road to the west side of the Western Bypass. Adoption of the alignment and the two alternate connectors as shown on the plans will give staff discretion as to which connector to use based on future development in the area. A copy of the entire alignment study (Plans and the Final Report) is available in the office of the Director of Public Works far review. The adoption of the proposed Northern Alignment, as planned, is a planning tool, part of the continuing planning process for the Western Bypass Corridor, and is not a commitmentto construct the Western Bypass orto acquire right of way for the Western Bypass. Adoption of the alignment of the northerly segment of the Western Bypass Corridor will give developers a guideline to adhere to when developing their properties along this corridor. It will also enable the City through the development review process to condition these potential developers to dedicate the required right- of-way and build a portion of the Western Bypass when they develop or redevelop their property but only after the required nexus and fair share findings can be made by the Planning Commission ar City Council. FISCAL IMPACT: Adopting the alignment ofthe Western Bypass Corridor does not have any fiscal impact to the City. ATTACHMENTS Resolution No. 08 - Location Map RESOLUTION NO.88- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ALIGNMENT FOR THE WESTERN BYPASS CORRIDOR FROM CHERRY STREET TO JUST SOUTH OF RANCHO CALIFORNIA ROAD, STATION 208+08 AS PLANNED, AND MAKING FINDINGS WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Recitals. The City Council finds, determines and declares as follows: A. The Western Bypass Corridor is identified in the Circulation Element of the City's General Plan as a Major Arterial (4-Lanes divided with 100' right of way) on the west part of the City. This bypass would connect the most northerly part of the City, Cherry Street, to the most southerly access to Interstate 15 (I-15), State Route (SR) 79 South. B. On March 21, 2006, the City Council approved an agreement with URS Corporation to provide professional engineering services by doing a specific alignment study for the Western Bypass Corridor, Project PW05-10. G. The proposed alignment of the northern segment of the Western Bypass Corridor from Cherry Street to just south of Rancho California Road, Station 208+00, is set forth on plans entitled "Alignment Study Western Bypass Corridor Project # PW05- 10 City of Temecula" on file in the Office of the Director of Public Works ("Northern Alignment"). D. Adoption of the proposed Northern Alignment is part of the on-going study of the Western Bypass Corridor. Adoption of a more specific alignment than is shown on the Circulation Element of the General Plan will enable the City to continue to study the financing of the Western Bypass Gorridor and its ultimate feasibility. E. Government Code Sections 65400 and 65402 provide for the Planning Commission's review of proposed public works projects and its determination of whether the projects are consistent with the General Plan. F. On June 4, 2008, the Planning Commission held a duly noticed public hearing as prescribed by law on the proposed Northern Alignment at which time all persons interested had the opportunity to present oral and written evidence on the proposal. Following due consideration of the record and the comments at the public hearing, the Planning Commission adopted its Resolution No. 08- 24. G. The proposed Northern Alignment, as planned, is consistent with the General Plan of the City of Temecula, and each element thereof, and, in particular, it is consistent with the Circulation Element of the General Plan. H. The adoption of the proposed Northern Alignment, as planned, is a planning tool, part of the continuing planning process for the Western Bypass Corridor, and is not a commitment to construct the Western Bypass Corridor. Nothing in this Resolution is intended, nor shall it be construed, as a commitment for construction of the Northern Alignment, as planned. I. The adoption of the proposed Northern Alignment, as planned, is not a commitment to acquire any real property or real property interests within the area of the Northern Alignment, as planned. Nothing in this Resolution is intended, nor shall it be construed, as a commitment to acquire any real property or real property interests within the area of the Northern Alignment, as planned. J. The adoption of the proposed Northern Alignment, as planned, does not required the dedication of land for the Northern Alignment. Any dedication of land for the Northern Alignment, as planned, will only be made after the Director of Planning, Planning Commission, or City Council, as the applicable deciding body of a land use application, makes an individualized determination as part of the entitlement process that the appropriate nexus and fair share requirements for any such dedication are met in accordance with applicable law. Nothing in this Resolution is intended, nor shall it be construed, to require the dedication of land for the Northern Alignment, as planned. K. On 2008, the City Council held a duly noticed public meeting on the proposed Northern Alignment, as planned, at which time all persons interested had the opportunity to present oral and written evidence on the proposal. Following due consideration of the record and the comments at the public meeting, the City Council adopted this Resolution. 2. Environmental Findings. The Western Bypass Corridor was previously assessed under the Environmental Impact Report prepared and certified for the City's General Plan Update in April 2005. The adoption of the proposed "Alignment Study Western Bypass Corridor Project # PW05-10 City of Temecula" as described in this Resolution is exempt from the provisions of the California Environmental Quality, Public Resources Code Sections 2100 et seq. ("CEQA") pursuant to the provisions of Sections 15262 and 15306 of the CEQA Guidelines (14 Cal. Code Regs. §§ 15262, 15306) because the proposed action only involves the planning and feasibility of the Western Bypass Corridor and is not a commitment to real property acquisition for the Western Bypass Corridor or its construction. 3. Adoption of Northern Alignment, as Planned. Based upon the findings set forth above, the City Council of the City of Temecula hereby adopts the "Alignment Study Western Bypass Corridor Project #. PW05-10 City of Temecula" for the purposes of planning the financing and determining the feasibility of the Western Bypass Corridor; provided, however, that nothing in this Resolution is intended, nor shall it be construed, as a commitment for construction of the Northern Alignment, as planned, a commitment to acquire any real property or real property interests within the area of the Northern Alignment, as planned, nor as a requirement for the dedication of land for the Northern Alignment, as planned. 4. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Janes, MMC City Clerk [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Susan W. Janes, MMC, City Clerk of the City of Temecula, da hereby certify that the foregoing Resolution Na. 08- was duly and regularly adapted by the City Council of the City of Temecula at a meeting thereof held an the 24t" day of June, 2008, by the fallowing vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Janes, MMC City Clerk ITEM N~}. 2d Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: June 24, 2008 SUBJECT: Authorize Temporary Street Closure of Portions of Main Street and Third Street for the "Temecula Valley International Jazz Festival" event scheduled for July 10, 11, 12, and 13, 2008 and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREETCLOSURE OF PORTIONS OF MAIN STREET AND THIRD STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 10TH, 11TH, 12TH AND 13T", 2008 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES BACKGROUND: The 2008 "International Jazz Festival" event is scheduled forJuly10th -13th, 2008. The event will provide a combination offree-to-the-public and ticketed concert events featuring internationally acclaimed performers at different venues at several locations throughout Old Town Temecula, as well as music and rhythm workshops and clinics with the performers. A Main Street Art Faire is also planned for the Festival and will occur on Saturday. Estimated attendance for the weekend event is expected to reach approximately 8,000 people. The event will require assistance from the Public Works Department by providing support services for the street closure, public safety monitoring, and the permit process. 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 necessaryfor the 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 rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authorityto temporarilyclose streets far these special events. The subject resolution delegates the authority to approve temporarystreet closures for this specific event, "International Jau Festival", to the Director of Public Works. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subject to the approval of the City Council subject to rules and regulations established bythe City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. This year's International Film Festival Event sponsors propose street closures as follows: Main Street between Old Town Front Street and Murrieta Creek and Third Street between Old Town Front Street and Murrieta Creek from 6:00 AM to Midnight on Saturday July 12th, 2008. There are no street closures scheduled far Sunday, July 13th. Specific closure locations are shown on the attached Location Map. FISCAL IMPACT: The costs of police services and for provision, placement, and retrieval of necessary warning and advisory devices by the Public Works Department are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2008_ 2. Location Map RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PORTIONS OF MAIN STREET AND THIRD STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 10T", 11T", 12T" AND 13T", 2008 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER 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 sponsors the "International Jazz Festival" event, for which such temporary street closure on Main Street between Old Town Front Street and Murrieta Creek and Third Street between Old Town Front Street and Murrieta Creek to promote the safety and protection of persons using ar proposing to use that street for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close Main Street between Old Town Front Street and Murrieta Creek and Third Street between Old Town Front Street and Murrieta Creek for the "International Jazz Festival" event scheduled for July 10tH 11tH 12tH and 13th, 2008; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve the temporary street closure of portions of Main Street and Third Street for the "International Jazz Festival" event, 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 Director of Public Works/City Engineer to permit the temporary street closure of portions of Main Street and Third Street for the "International Jazz Festival" event scheduled Main Street between Old Town Front Street and Murreita Creek and also Third Street between Old Town Front Street and Murrieta Creek from 6:00 AM to Midnight on Saturday July 12th, 2008, and affirms 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 24th day of June, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 2008 Tetneeula Valley I~iter~~ational Jazz Festival . Main St. & 3r~1 clc~surc: Sat-. Jule 12 - 6ati~ to 12 midnight .. ~ ~ ~ a _ . ;~ .~ .;~ .~ r `,' ~ [~ . .~, o` ~ . .~ ~ . ~ r :! • t o ~ .,,` - . ~o . J4- .. ,~, , / ~ ~ ~ ' ~~ 7hc ~~ Alcove ~~ ~Hend, ~` at~~l~ - Clack Tdwer ~ ~ _ Stage ~,~j ['7 /~ , - t vendors O ~, • ,~ . ~n9 f.9ain St. ~~-- . f=aire ~ ' $,~, :Chuck-Niles {/~ Stage _ / ~O A ~ . _ ~ ~O 8r ~dcca ~oHl l .~c/^ ~ Q vv_ . ~.1j - Baity'a Stage [w~ ~~ . ~' "/ -/` ~ '~ r ~ ~ („ .. fit. Stage ~ ' . _ '-.~ HOURS OF OPERATION: ` ~~ -Sat. 5pm - 10:OOpm -Sun. 11am - 6pm . ~~ ~ b:~rrirudr./street clusun 'Bands when on schedule r ~ Portables Musicians Workshop -. ,. c1o Jon Laskin 22727 E3lueberry Lane F"i Wlldomar Ca. 92595 951-676-2517 928-222-3009 tax ITEM N~}. 21 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Accept Offers of dedication and Quitclaim Storm Drain Easements for Temecula Creek Channel -Meadows Greenbelt Lateral to Riverside County Flood Control and Water Conservation District PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Jerry Alegria, Senior Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFERS OF DEDICATION AND EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) DRAINAGE EASEMENTS FOR TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL (TRACTS 24186-1 & 2, 24188-2 PASEO DEL SOL DEVELOPMENT) BACKGROUND: The Temecula Creek Channel -Meadows Greenbelt Lateral has been completed and Riverside County Flood Control and Water Conservation District is prepared to accept the storm drains for operation and maintenance, in accordance with the terms of the Cooperative Agreement, Project No. 7-0-0004 between Riverside County Flood Control and Water Conservation District, the City of Temecula and Newland Associates Incorporated for Tract No. 24186, 24187 and 24188 executed on April 9, 1997. The storm drain improvements are located within open space lots between Meadows Parkway and Sunny Meadows Drive and between Sunny Meadows Drive and Butterfield Stage Road. The easements are more specifically described as a "RCFC&WCD Storm Drain Easement Dedicated to Public Use, on Behalf of Riverside County Flood Control and Water Conservation District "for the construction and maintenance of drainage facilities. The storm drain easements are located within Common Open Space Lots 121 & 122 of Tract 24186-1, Common Open Space Lot 129 of Tract 24186-2 and Common Open Space Lots 123 & 124 of Tract 24188-2. At the time of map recordation, the City did not accepted the offers of dedication of said drainage easements. In order far the District to accept the storm drain for maintenance, the City needs to accept the offers of dedication of said drainage easements and execute the attached quitclaim deeds conveying the drainage easements to the District. With approval of this resolution, the drainage easements as shown within Lots 121 & 122 of Tract 24186-1, Lot 129 of Tract 24186-2 and Lots 123 & 124 of Tract 24188-2 will be formally accepted by the City. Upon City Council acceptance of the drainage easements and execution of the quitclaim deeds, the quitclaim deeds and a certified copy of the adopted resolution will be forwarded to Riverside County Flood Control and Water Conservation District and County of Riverside Board of Supervisors far their approval. This will allow the District to accept the Meadows Greenbelt Lateral Strom Drain for maintenance. FISCAL IMPACT: None. The Citywill be relieved of maintenance responsibility. ATTACHMENTS: 1. Resolution No. 2008- 2. Location Map 3. Quitclaim Deeds RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFERS OF DEDICATION AND EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT {RCFC&WCD} THE DRAINAGE EASEMENTS FOR TEMECULA CREEK CHANNEL - MEADOWS GREENBELT LATERAL {TRACT NOS. 24186-1 & -2 AND 24188-2) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: A. Meadows Green Belt Lateral Storm Drain, Project No. 7-0-00044 was constructed within Common Open Space Lots 121 & 122 of Tract 24186-1, Common Open Space Lot 129 of Tract 24186-2 and Common Open Space Lots 123 & 124 of Tract 24188-2 {Paseo Del Sol} to convey storm flows from Meadows Parkway to Butterfield Stage Road; B. The Offers of Dedication for the drainage easements `RCFC & WCD Storm Drain Easement Dedicated to Public Use' was made by the owners of Tract Nos. 24186-1 & -2 and 24188-2 for the construction and maintenance of drainage facilities but was not accepted by the City at the time of map recordation; C. Riverside County Flood Control and Water Conservation District is prepared to accept the Meadows Greenbelt Lateral Storm Drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on April 9, 1997 by the District, City of Temecula and Newland Associates Inc. LLC, including said drainage easements within Common Open Space Lots 121 & 122 of Tract 24186-1, Common Open Space Lot 129 of Tract 24186-2 and Common Open Space Lots 123 & 124 of Tract 24188-2; D. Accepting the Offers of Dedication for said drainage easements and executing the quitclaim deeds to convey the drainage easements within Common Open Space Lots 121 & 122 of Tract 24186-1, Common Open Space Lot 129 of Tract 24186-2 and Common Open Space Lots 123 & 124 of Tract 24188-2 to Riverside County Flood Control and Water Conservation District is necessary to comply with the terms of the Cooperative Agreement and serves the public interests. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby accepts said Offers of Dedication, approve the quitclaim deeds as attached hereto, and authorize the Mayor to execute the quitclaim deeds as attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk . I f ' VICINITY' MAP N.T.S. 1ECT SITE ;r ~yia~ I Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Temecula Creek Channel Meadows Greenbelt Lat. Project No.: 7-0-00044 Tract No. 24186-1 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ NONE RCFC Parcel No. 7044-500 QUITCLAIM DEED The CITY OF TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to the "RCFC&WCD STORM DRAIN EASEMENT" for construction and maintenance of drainage facilities, situated in the City ofTemecula, County ofRiverside, State of California, described as Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. CITY OF TEMECULA, a municipal corporation: Date ATTESTS: Clerk to the City of Temecula By: City Clerk By: MICHAEL S. NAGGAR, Mayor (SEAL) Lot 122 of Tract Map No. 24186-1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated from the CITY OF TEMECULA to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date By: WARREN D. WILLIAMS General Manager-Chief Engineer Lot 122 of Tract Map No. 24186-1 Parce17044-500 Temecula Creek Channel -Meadows Greenbelt Lateral Being a portion of Lot 122 of Tract No. 24186-1 in the city of Temecula on file in Book 267 of Maps, Pages 11 through 19, inclusive, records of Riverside County, California, described as follows: All that portion of the Riverside County Flood Control and Water Conservation District Storm Drain Easement as shown in Map Book 267, Pages 11 through 19, inclusive, records of Riverside County, California. ~ LAND S ~~ E-, ~ L. S OG = P ~ r 2 P~ DAVID L. STONE A, O F c^ U < ~ Ls a75s A Land Surveyor No: 4758 Exp. 9-30-09 * * Signed For: Riverside County Flood Control P and Water Conservation District 9TF DF CAL\F C~a\ Date: ~/SZ/ ~, Zt~~g ~-• - EXHIBIT '"A"" PARCEL 7044-500 BEING A PORTION OF LOT 122, OF TRACT MAP N0. 24186-I, RECORDED IN MAP .BOOK 267, PAGES II THRU 19 INCLUSIVE, RECORDS OF THE RECORDER'S OFFICE. RIVERSIDE COUNTY, CALIFORNIA. WITHIN THE UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY. / So ® ~~ ~~ ~~ e~ ~ . ~ry 4 ~, 0 0 oo.•E 3A . N65 'i6.2~ M.B. 267 / 11-19 LOT 122 ,~ 12. 5' P o, 104.75' try N_90" 00' 00" ~ P (1~ y ~ ~ ~Q Pry / 3 , ti`' ~ ti` / t~ ~' 50 / N86' 17' S6"W 54. 5 I ' E 110.51' 24. 18',. -~ o PARCEL /j yo.° 7044-500 N,,, 55 54 E .- 59 •~ 3yE ~6 3,~ N63 61 l'J ~ ~ 0o I I 3 "~ o try o 1 I 2 ~ ~ ~ `N71"13'S3"W (R) I / ~ ~ LANp 2. 5' S ~ ~~ C PARCEL 7044-501 y ~~ / 's_ / ~9,/ ~ ~ ~ 12l 7 6 ~/ CURVE DATA 0 ~= R= T= L= OA 27'46'37" 150,00' 37.09' 72.72' OI 27'46'37" 137.50' 34.00' 66.66' O2 27' 46' 37" 162. 50' 40. I S' 78. 78' O3 02'29'20" 1550.00' 33.66' 67.34' O4 03'29'33" 1550.00' 47.26' 94.48' to OP yt^ F\ `'CASSINO COURT~~ ~ Ls 4758 ~ - * Ezp. 9-30-09 d}9 a~P APPROVED BY: lF op CAL~FO~ LINE DATA BEARING DISTANCE ~5 N67"44'20"W fR) I5. 00' ~6 N25'03'48"W 34.63' ^7 N73"29'00"W 13.00' DATE: _n,,~-, ~ , z~J~s EXHIBIT "B" RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 PROaECT NAME: TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL THIS PLAT I S SOLELY AN AID I N LOCATING SCALE: NO SCALE PREPARED BY: RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART DATE: SHEET NO. OF THE WRITTEN DESCRIPTION THEREIN. APRIL 02, 2008 I OF I Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE Temecula Creek Channel Meadows Greenbelt Lat. Project No.: 7-0-00044 Tract No. 24186-1 DOCUMENTARY TRANSFER TAX $ NONE QUITCLAIM DEED RCFC Parcel No. 7044-501 The CITY OF TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim to RNERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to the "RCFC&WCD STORM DRAIN EASEMENT" for construction and maintenance ofdrainage facilities, situated in the City ofTemecula, County ofRiverside, State of Califomia, described as Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. CTI'Y OF TEMECLTLA, a municipal corporation: Date By: MICHAEL S. NAGGAR, Mayor ATTESTS: Clerk to the City ofTemecula By: City Clerk (SEAL) Lot 121 of Tract Map No. 24186-1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated from the CITY OF TEMECULA to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date gy; WARREN D. WII,LIAMS General Manager-Chief Engineer Lot 121 of Tract Map No. 24186-1 Parce17044-501 Temecula Creek Channel -Meadows Greenbelt Lateral Being a portion of Lot 121 of Tract No. 24186-1 in the city of Temecula on file in Book 267 of Maps, Pages 11 through 19, inclusive, records of Riverside County, California, described as follows: All. that portion of the Riverside County Flood Control and Water Conservation District Storm Drain Easement as shown in Map Book 267, Pages 11 through 19, inclusive, records of Riverside County, California. SAND ~~ 4,~ ~ L. S oL = P ~ T ~ PL DA D L. STONE ~ o F ~ U < ~ Ls a~sa A Land Surveyor No. 4758 * Exp. 9-30-09 * Signed For: Riverside County Flood Control s9T ~~`P and Water Conservation District ~ OF CA1-~F~ Date:_~i~i ~, Zoc~B EXHIBIT "A" PARCEL 7044-501 BEING A PORTION OF LOT 121, OF TRACT MAP N0. 24166-I, RECORDED IN MAP BOOK 267, PAGES II THRU 19 INCLUSIVE. RECORDS OF THE RECORDER'S OFFICE. RIVERSIDE COUNTY. CALIFORNIA, WITHIN THE UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY. N63°49'00"E ~ EXHIBIT „p„ ~5°5_O~E (R) 34.21' s y~~~ /~ v ~_ --~ s N70' 25' 00"E pp p8`~o ~ X5°22, 49.51' - °~ op ~E (RJ ~- / ~" ~ ~-/ ~. ' .<v 64. 57' , ~~ . 9 ~ / ~~ M.B. 267 / 11-19 N61'00'00"E 49.01' N86°44'00"E 49.01' N87' 33' 00"W~~ 49.01 ' 4- ?Z/p ` O F, o ~ h ~ ~ ~ O is 62,? 2 LAND \ = G 122 0 ~ ~, _~ / / / h ~ / VP _ ~ LS 4758 ~ 7 ~ -* Exp. 9-30-09 PARCEL 7044-500 APPROVED BY: ~ c~<-~-' `0qT F ~F CA1-AFC DATE: /~/7A~ ~, ZC7Cl8 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 aao.lECT NAME: TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL THIS PLAT I S SOLELY AN AID I N LOCATING scALE: NO SCALE PREPARED BYE RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. I T I S NOT APART DATE: SHEET NO. OF THE WRITTEN DESCRIPTION THEREIN. APRIL 02, 2008 I OF I N77'04'00"E 42.13' oo..E ~ 6' X26 9~' 31. N76°03'00"E 44. 59' PARCEL 7044-501 _< ~~ yti a~~ \~ ~~ y/ A v ~ \ ~, /~~ y9 0 `~ e`• ~ 17 2. 5 / ~ ~1 N73° OS' S9"E „~ $0 12. 5' \ 60.67' ~~ N79°30'27 ~ \ ~ 25' 60.84' \ IS N79'27'39"E 64.57' ~ O O/ a'y h 12 ya a• \ 0.~4. 0 N69° 38' 15"W a°~~ ~ 64.57' \ 11 LOT 121 N66°21'47"E 64.57' \ to \ / N63°05'19"E CURVE DATA O Q= R= T= L= OA 16'10'26" 150.00' 21.31' 42.34' © 13°46'47" 500.00' 60.42' 120.25' OI 73°33'15" 48.00' 35.88' 61.62' O2 16°10'26" 162.50' 23.09' 45.87' O3 16' 10' 26" 137. 50' 19. 54' 38.82' O4 13°46'47" 512.50' 61.93' 123.26' OS 13°46'47" 487.50' 58.91' 117.24' Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 1V0 FEE (GOV: CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE Temecula Creek Channel Meadows Greenbelt Lat. Project No.: 7-0-00044 Tract No. 24186-2 DOCUMENTARY TAX $ NONE RCFC Parcel No. 7044-502 QUITCLAIM DEED The CITY OF TEMECLTLA, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to the "RCFC&WCD STORM DRAIN EASEMENT" for construction and maintenance of drainage facilities, situated in the CityofTemecula, County ofRiverside, State of Califomia, described as Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. CITY OF TEMECULA, a municipal corporation: Date By: MICHAEL S. NAGGAR, Mayor ATTESTS: Clerk to the City of Temecula By: City Clerk (SEAL) Lot 129 of Tract Map No. 24186-2 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated from the CITY OF TEMECLTLA to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. By: WARREN D. WILLIAMS General Manager-Chief Engineer Lot 129 of Tract Map No. 24186-2 Parce17044-502 Temecula Creek Channel -Meadows Greenbelt Lateral Being a portion of Lot 129 of Tract No. 24186-1 in the city of Temecula on file in Book 267 of Maps, Pages 1 through 10, inclusive, records of Riverside County, California, described as follows: All that portion of the Riverside County Flood Control and Water Conservation District Storm Drain Easement as shown in Map Book 267, Pages 1 through 10, inclusive, records of Riverside County, California. LAND (,~~~// F,~ O L. S oL ~ p ~ r~vL DAVID L. STONE a, o ~^ c^ U < Ls ass ° Land Surveyor No. 4758 Exp. 9-30-09 ~ * Signed For: Riverside County Flood Control \sq, ~~\P and Water Conservation District Date: ~~ ~ , 2~8 EXHIBIT "A"' PARCEL 7044-502 BEING A PORTION OF LOT 129, OF TRACT MAP N0. 24186-2, RECORDED IN MAP BOOK 267, PAGES I THRU 10 INCLUSIVE, RECORDS OF THE RECORDER'S OFFICE, RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY. EXHIBIT '"B'" N63°49'00"E 15.29' 0 0l 0 0 0 ~ ~. i ~. i :° / N . p~ ~. .~ 5~ ~y1 Q9. \~`P, ~~`,F.`~, a y~~ ~~ ~ry~yy~~~ti~~y~ /O ~~ // /~ O / i 07044 -50~ M.B ' PARCEL 7044-502 / / / PARCEL ~ ~S9°Sy / 0044-503 ~ 2~,~ / l 9 / s sa /O~ 9~ O '?<'- Ap..~ tj6A 60 00 25' LOT 129 267 / 1-10 CURVE DATA O Q= R= T= L= OA 09'07'49" 500.00' 39.92' 79.68' OI 09'07'49" 487.50' 38.93' 77.69' O2 09'07'49" 512.50' 40.92' 81.67' O3 79°56'18" 48.00' 40.23' 66.97' N70°12'04"W (R) 25.00' LINE DATA BEARING DISTANCE ^8 N55'29'12"E 28.94' N55°29'12"E 24.27' ^4 N55°29'12"E 33.61' 16 - LS 4758 ° * Exp. 9-30-09 ~9T P~`P APPROVED BY: ~ OF CpUFO DATE: /%l~/ ~, ~Pl©8 / / ~~~ OQ` P 0~~~ ~~, A~ ~~ h~ ti~/ y /, \ ~~ ~~ RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 PRO.,ECr RARE: TEMECULA CREEK CHANNEL - MEADOWS GREENBELT LATERAL TH I S PLAT i S SOLELY AN A I D I N LOCATING sca~E: NO SCALE PREPARED 8Y: RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART oATE: SHEET N0. OF THE WRITTEN DESCRIPTION THEREIN. APRIL 02. 2008 1 OF I Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) Temecula Creek Channel Meadows Greenbelt Lat. Project No.: 7-0-00044 Tract No. 24188-2 RCFC Pazcel No. 7044-504 The CITY OF TEMECULA, a municipal corporation, does herebyrernise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in -and to the "Flood Control Storm Drain Easement" for construction and maintenance of drainage facilities, situated in the City of Temecula, County of Riverside, State of California, described as Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. CTl'Y OF TEMECULA, a municipal corporation: Date MICHAEL S. NAGGAR, Mayor ATTESTS: SPACE ABOVE THIS LINE FOR RECORDER'S USE TRANSFER TAX $ NONE QUITCLAIM DEED By: Clerk to the City of Temecula By: (SEAL) City Clerk Lot 123 of Tract Map No. 24188-2 _. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated from the CITY OF TEMECULA to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date By: WARREN D. WILLIAMS General Manager-Chief Engineer Lot 123 of Tract Map No. 24188-2 Parce17044-504 Temecula Creek Channel -Meadows Greenbelt Lateral Being a portion of Lot 123 of Tract No. 24188-2 in the city of Temecula on file in Book 396 of Maps, Pages 25 through 32, inclusive, records of Riverside County, California, described as follows: All that portion of the Riverside County Flood Control and Water Conservation District Storm Drain Easement as shown in Map Book 396, Pages 25 through 32, inclusive, records of Riverside County, California. ~ A N D l/V " / O~-l/ ~-~' ~O D L. S OSG. = P ` r~" ~ DAVID L. STONE ~,o FF U { ~ Ls ass z Land Surveyor No. 4758 Exp. 9-30-09 * * Signed For: Riverside County Flood Control sqr R~~P and Water Conservation District F pF cA~~F° Date: ,~Y/Au <a~8 EXHIBIT "A" PARCEL 7044-504 BEING A PORTION OF LOT 123, OF TRACT MAP N0. 24188-2, RECORDED IN MAP BOOK 396, PAGES 25 THRU 32 INCLUSIVE, RECORDS OF THE RECORDER'S OFFICE, RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY. CURVE DATA Q Q= R= T= L= OA 04'27'05" 500.00' 19.43' 38.84' OI 03' 16' 25" 867. 00' 24. 78' 49.54' O OB' 02' 00" 867. 00' 60.88' 121.56' O 04°27'05" 512.00' 19.90' 39.78' O 04' 27' 05" 488. 00' 18.97' 37.91 ' lF~ OB ,S~.,E , N6g 9~ ° ~'S EXHIBIT ""B"" M.B. 396 / 25-3 // '1 2 13 35' 25' 00"E 52.02' •12 N33'S5'00"E 50. 00' /~ ~P/ Q,~ Q? \(v .~/i/<i ~o:/ .yam .y'7 .y:'' `l.~ 8^ o ° a/ ° o ' ~a 33. 5`O 5h °n: ~ ry`L p° ® / ~p~/ a p°• ~ spy / h 2~ °~\~~, j G~ 9~O ~ ~S 0 16. OS' ryo~ M° i ~ ~"7 a`b,oo 6^ Ph'~h O SAND 3 ,~y. 0°' o~ u o F j p'h'°O ~ LS 4758 A ~pr~ *^ Exp. 9-30-09 */ APPROVED BY: ~~~~~ DATE: N31' S3' 00"E 46. 98' N27'15'00"E 44. 70' LINE DATA BEARING DISTANCE ^5 N32' 05' 32"W 27.38' ^6 N86'00'00"E 7.16' ~7 N84'45'00"W 10.03' ^8 N85'20'00"W 9.38' ~9 N80'20'00"W 10.75' 10 N87' 35' 00"W f 0. 13' II N60'30'00"E 8.88' 12 N74'30'00"E 8.00' 13 N85' 30' 00"W 7.97' RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERYATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 PRaECT nalnE~ TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL THIS PLAT I S SOLELY AN AID I N LOCAT t NG sca~E: NO SCALE PREPARED BYo RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART DATES SHEET NO. OF THE WR 1 TTEN DESCRIPTION THEREIN. APRIL 02, 2008 I OF 2 ~p~ LOT 123 PARCEL 044-50 SEE SHEET N41'OS'00"E 2 51.99' r~%'% CURVE DATA Q om= R T= L= O 14°42'39" 500.00' 64.54' 128.38' O 69'38'18" 90.00' 56.94' 101.53' O 33° 27' 34" 90. 00' 27.05' S2. 56' 14 14'42'39" 488.00' 62.99' 125.30' IS 14'42'39" 512.00' 66.09' 131.46' 16 64'38'18" 102.00' 64.53' 115.07' 17 64°38'18" 78.00' 49.35' 88.00' 18 41' 20' S7" 78.00' 29.43' 56. 29' 19 28'47'52" 100.00' 25.67' 50.26' 20 01'11'04" 1255.00' 12.97' 25.94' 533°40'19"E (R) ~ ,,F, PARCEL ~ ~',g`L 7044-50 h~; h~ spa LOT 123 C M.B. 396 / 25-32 ,! // 09. / 1' W ~~~5 W 2 /~ (f7 W ~ ~~ op F. In h\' 0~ .~, ~ti :°M o0 h~ ~y ti~ ~i°j oQ ~ O~ APPROVED 8Y: i/O°j ~ ~ ,ti \~ SAN ~.°~~. LS 4758. Exp. 9-30.09 C PARCEL 7044-505 N75'06'OS"E 33. 63'~--~ N19°42'07"E 56. 13' 23 10' / ~ 55~ 24 ~ m z -n m r v z ? I ~ a a Z~ ~ N w ~ -d ~ W - N N V+ a ..I G1 ~/ ~ I d I ~ I h ~ ~ A W N ~/ (p ~ ~ . p O C;/ n i y ~ ln I n H 20 / I 0 v N73' S5' 00"E I 10.50' LINE DATA BEARING DISTANCE 21 N87'16'00"E 6.01' 22 N72°54'00"W 7.OI' 23 N81' 41' 23"E (Rl (PRC) 2.00' 24 N75'06'05"W 19.86' ~a~ DATE: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 PROJECT NAr.IE: TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL THIS PLAT I S SOLELY AN AID I N LOCATING SCALE+ NO SCALE PREPARED BY: RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART DATE: SHEET N0. OF THE WRITTEN DESCRIPTION THEREIN. APRIL 02, 2008 2 OF 2 PARCEL 7044-504 BEING A PORTION OF LOT 123, OF TRACT MAP N0. 24188-2, RECORDED IN MAP BOOK 396, PAGES 25 THRU 32 INCLUSIVE, RECORDS OF THE RECORDER'S OFFICE, RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY. . EXHIBIT "B" Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE Temecula Creek Channel Meadows Greenbelt Lat. Project No.: 7-0-00044 Tract No.24188-2 QUITCLAIM DEED TRANSFER TAX $ NONE RCFC Parcel No. 7044-505 The CITY OF TEMECULA, a municipal corporation, does herebyremise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to the "Flood Control Storm Drain Easement" for construction and maintenance of drainage facilities, situated in the City of Temecula, County of Riverside, State of California, described as Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. CITY OF TEMECULA, a municipal corporation: Date By: MICHAEL S. NAGGAR, Mayor ATTESTS: .Clerk to the City of Temecula By: City Clerk (SEAL) Lot 124 of Tract Map No. 24188-2 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated from the CITY OF TEMECULA to RIVERSIDE COUNTY. FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date By; WARREN D. WILLIAMS General Manager-Chief Engineer Lot 124 of Tract Map No. 24188-2 Parcel 7044-505 Temecula Creek Channel -Meadows Greenbelt Lateral Being a portion of Lot 124 of Tract No. 24188-2 in the city of Temecula on file in Book 396 of Maps, Pages 25 through 32, inclusive, records of Riverside County, California, described as follows: All that portion of the Riverside County Flood Control and Water Conservation District Storm Drain Easement as shown in Map Book 396, Pages 25 through 32, inclusive, records of Riverside County, California. LAND ~~~ ~T"~ ~ P ` r~~G DAVID L. STONE ~,o FF U < ~ Ls ass a Land Surveyor No. 4758 Exp. 9-30-09 * * Signed For: Riverside County Flood Control and Water Conservation District s9Te of cAL~F°~~P Date: /~~-i ~, Z~cJB ~-> .EXHIBIT "A" PARCEL 7044-505 BEING A PORTION OF LOT 124, OF TRACT MAP N0. 24188-2, RECORDED IN MAP BOOK 396, PAGES 25 THRU 32 INCLUSIVE. RECORDS OF THE RECORDER'S OFFICE, RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY. EXHIBIT "B" M.B. 396 / 25-32 LOT 124 N W O m ' PARCEL ro ~ 7044-505 N . ~ ® o •~ O // ~~ I I j ~ L. Sro G~\ 2F F LS 4758 I°~ Exp. 9-30-09 / 12.63 „E N95° 06 05/ ~N69/ /~ PA L~ `7044-504 .~, o~. ,~a ~y` ^^ `~' .~v O~ .tiPy~J ~ ~•~ ~'' /i 55' G ~ ~, D D ~ O W N~ J m~ w ~ w ~ W p 9~ o ~, N ~ ~ n . iv O ~ ~O ~Hs3 ~ / 55 `~Ng 6~ Ng4s/ 3g ,W ~2"p \ q„ ~ ~R~ \ W ~~ LOT 123 I I ' I APPROVED BY: ~- DATE: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 Pao~ECr NAME: TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL THIS PLAT IS SOLELY AN AID IN LOCATING SCALE+ NO SCALE PREPARED BY: RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A-PART OATE+ SHEET N0. OF THE WRITTEN DESCRIPTION THEREIN. APRIL 02, 2008 I OF I CURVE DATA O D= R= T= L= OA 12° I5' I2" 90.00' 9. 66' I9. 25' OI 16° 54' 54" 100. 00' 14.67' 29. 52' O2 03' 06' 30" 78. 00' 2. 12' 4.23' ITEM N~}. 22 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Execution of Quitclaim Deeds Whereby City grants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a Drainage Easement for Gabbiano Drive Storm Drain (Tract Map No. 24182-3) PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Jerry Alegria, Senior Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR GABBIANO DRIVE STORM DRAIN (TRACT MAP NO. 24182-3) BACKGROUND: The Gabbiano Drive Storm Drain (aka Temecula Creek Channel - Augusta Drive Storm Drain) has been completed and Riverside County Flood Control and Water Conservation District is prepared to accept the storm drain for operation and maintenance, in accordance with the terms of the Cooperative Agreement, Project No. 7-0-0046 between Riverside County Flood Control and Water Conservation District, the City of Temecula and Newland Associates Incorporated for Tract No. 24182 and 24185 executed on August 28, 1997. The majority of the storm drain improvements are located within the public street right-of-way of Gabbiano Drive and Bassano Drive {Paloma Del Sol Tracts 24182-1 and 24182-3). The storm drain outlet is located at the north side of Temecula Parkway within Tract 24182-3. Recorded Tract Map 24182-3 included a drainage easement located within Lots 71 and 120 to accommodate the outlet far the Gabbiano Drive Storm Drain. The easement is more specifically described as a "Storm Drain Easement Dedicated to the City of Temecula" far the construction, reconstruction and maintenance of storm drain facilities. At the time of map recordation, the City accepted the offer of dedication of said drainage easement. In arderforthe District to accept the storm drain for maintenance, the City needs to execute the attached quitclaim deeds conveying the drainage easement to the District. With approval of this resolution and execution of the quitclaim deeds, the quitclaim deeds and a certified copy of the adopted resolution will be forwarded to Riverside County Flood Control and Water Conservation District and County of Riverside Board of Supervisors for their approval. This will allow the District to accept the Gabbiano Drive Storm Drain far maintenance. FISCAL IMPACT: None. The Citywill be relieved of maintenance responsibility. ATTACHMENTS: 1. Resolution No. 2008- 2. Location Map 3. Quitclaim Deeds RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEEDS 1NHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND {HATER CONSERVATION DISTRICT (RCFC&1NCD) A DRAINAGE EASEMENT FOR GABBIANO DRIVE STORM DRAIN (TRACT MAP NO. 24182-3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: VIIHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: A. Gabbiana Drive Storm Drain, Project No. 7-0-00045 was constructed within Gabbiana Drive and Bassano Drive to convey storm runoff from Tracts 24182-1 and 24182-3 (Paloma Del Sol} to a storm drain outlet at the north side of Temecula Parkway within Lots 71 and 120 of Tract 24182-3 (Paloma Del Sol}; B. An Offer of Dedication for a drainage easement `Storm Drain Easement Dedicated to the City of Temecula' was made by the owners of Tract 24182-3 for the construction, reconstruction and maintenance of said storm drain and was accepted by the City at the time of map recordation; C. Riverside County Flood Control and Water Conservation District is prepared to accept the Gabbiano Drive Storm Drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on August 28, 1997 by the District, City of Temecula and Newland Associates Inc. LLC, including said drainage easement within Lots 71 and 120 of Tract 24182-3; D. Executing the quitclaim deeds to convey the drainage easement within Lots 71 and 120 of Tract 24182-3 to Riverside County Flood Control and Water Conservation District is necessary to comply with the terms of the Cooperative Agreement and serves the public interests. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby approves the quitclaim deeds as attached hereto and authorizes the Mayor to execute them on behalf of the City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk \JQIV V1Q11V L111 \. - Storm Drain Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Mazket Street Riverside, California 92501 NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE Temecula Creek Channel Augusta Drive Storm Drain (AKA Paloma Del Sol Gabbiano Dr. SD) Project No.: 7-0-00045 Tract No. 24182-3 DOCUMENTARY TRANSFER TAX $ NONE QUITCLAIM DEED RCFC Parcel No. 7045-500 The CITY OF TEMECULA, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, fide and interest in and to the storm drain easements for construction, reconstruction and maintenance of storm drain facilities, situated in the City of Temecula, County of Riverside, State of California, described as Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. CITY OF TEMECULA, a municipal corporation: Date By: MICHAEL S. NAGGAR, Mayor ATTESTS: Clerk to the City of Temecula By: City Clerk (SEAL) Lot 71 of Tract No. 24182-3 Parce17045-500 Temecula Creek Channel -Augusta Drive Storm Drain Being a portion of Lot 71 of Tract No. 24182-3, in the city of Temecula, on file in Book 288 of Maps, Pages 32 through 39, inclusive, records of Riverside County, State of California described as follows: All that portion of the 22-foot wide storm drain easement, as shown in Map Book 288, Pages 32 through 39, inclusive, records of Riverside County, California. ~~~ DAVID L. STONE ~~ LS 4758 I~ Exp. 9-30-09 / Land Surveyor No. 4758 Signed For: Riverside County Flood Control and Water Conservation District Date: /i7.~ ~o.2e~dF3 EXHIBIT "A" PARCEL 7045-500 BEING A PORTION OF LOT 71. OF TRACT MAP N0. 241.82-3, RECORDED IN MAP BOOK 288, PAGES 32 THRU 39 INCLUSIVE, RECORDS OF THE RECORDER'S OFFICE, RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY. PARCEL 7045-500 w 1` N \` `` A~ ~n <" rte' M.B. 288 / 32-39 `Poi o~~vE a W GA80 ~~ 11' ~ ~ N,3 230 0^E \? ~' `% ~ 0 .~ \~. .~ ' ~, 22.00' ~°~ ~' y `T\~ NiT ~ W \\~ \S W ~ "~ o y ~ ~ LOT 71 ~, ~o 'm o u~ e, ~ \~ O i m \\ ya' ~ PARCEL ~\: n ~' n 7045-500 ~u~ / 10. p0. `~•32~ 20 ~ N~3' 23 SEE DETAIL "B" DETAIL "A" a2~ ~3 ~ ~ E ~ 531'4~S.~E_ R~~PRC) 23'20'~i LOT 120 ~ N ~ SEE DETAIL ~N \/ L. ~' l5 4756 Exp. 9-30-09 N32' 39' 27_'W lR) 0 4 DETAIL "B" P ~9T~ ~F CAL~F~~~\ ~ ~_ APPROVED BY: / ~ DATE: ~~/fit/ (o, ?~l'~~ EXHIBIT "B° RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE. CA. 92501 PROJECT NAA~. TEMECULA CREEK CHANNEL -AUGUSTA DRIVE SD THIS PLAT IS SOLELY AN AID IN LOCATING SCALES NO SCALE PREPARED BY. RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. I T I S NOT A PART DATE. SHEET N0. OF THE WRITTEN DESCRIPTION THERE 1 N. APRIL 22. 2008 I OF I ~~~ `~, C Y \ ~I~~ / N .j0.00z0„E N~ 3' 23 / / ~ V / ~ / / ~i ~~ PARCEL ~- 7045-501 .. A :. HW A'~ l9 ~N\G /5~ p~{E/ CURVE DATA O Q= R= T= l AO 30'17'40" 22.50' 6.09' II.90' OI 00' 56' 32" 56.00' 0.46' 0. 92' O2 74'53'45" II.50' 8.81' 15.03' O3 i 9' 48' 15" 33. 50' S. 85' I I. 58' Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE Temecula Creek Channel Augusta Drive Storm Drain (AKA Paloma Del Sol Gabbiano Dr. SD) Project No.: 7-0-00045 Tract No. 24182-3 DOCUMENTARY TRANSFER TAX $ NONE RCFC Parcel No. 7045-501 QUITCLAIM DEED The CITY OF TEMECULA, a municipal corporation, does herebyremise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to the storm drain easement for construction, reconstruction and maintenance of storm drain facilities, situated in the City of Temecula, County of Riverside, State of California, described as Exhibit "A", and shown on Exhibit "B", attached hereto and made a part hereof. CITY OF TEMECULA, a municipal corporation: Date By: MICHAEL S. NAGGAR, Mayor ATTESTS: Clerk to the City of Temecula By: City Clerk (SEAL) Lot 120 of Tract No. 24182-3 Parce17045-501 Temecula Creek Channel -Augusta Drive Storm Drain Being a portion of Lot 120 of Tract No. 24182-3, in the city of Temecula, on file in Book 288 of Maps, Pages 32 through 39, inclusive, records of Riverside County, State of California described as follows: All that portion of the 22-foot wide storm drain easement, as shown in Map Book 288, Pages 32 through 39, inclusive, Records of Riverside County, California. O LAND S ~./lY 4., 0 ~. S oG = v ` r2"~~ DAVID L. STONE 4, o ~` F U < ~ ~s ass °~ Land Surveyor No. 4758 Exp. 9-30-09 * * Signed For: Riverside County Flood Control sn, a~P and Water Conservation District Date: 6~/fZi (o.'Z-e~V ~ ~ ' EXHIBIT "A"" PARCEL 7045-501 BEING A PORTION OF LOT 120, OF TRACT MAP N0. 24182-3, RECORDED IN MAP BOOK 288, PAGES 32 THRU 39 INCLUSIVE, RECORDS OF THE RECORDER'S OFFICE, RIVERSIDE COUNTY, CALIFORNIA, WITHIN THE UNINCORPORATED TERRITORY OF RIVERSIDE COUNTY. S86'48_ z5"E fR) I S76' I9~E ~R) ~ -'3 /' NO _~ 6g'I. GARB 'j3.23 20,. 6 \ 'o ~OR~vE ~ / N \T.g2 ~ / / PARCEL O~ 7045-501 ~~> ~ Q \ \ ~~~ j /~, \ ~ PARCEL \ 7045-500 ~/ ~Q O LOT 71 ~ \ ~_N31°gp'S5..W (R) IPRC) ~ SEE DETAIL "A" / \9.aA69~."j3 N3T 1~6~~W fR) \ \N~3623 20.. ~I' 36' 53"W (R) \ \ \\ / N71'S9'IS"W fR) \ \'\\ ~ \I 2p0.00 DETAIL "A" ~ e. Ao"W \ 6g1.T9' 10•p0 ~N\6 9 22.00 N'j 3° 23 20 E / 42~ 'j31 ` ~ 2A~°/3 -'- LOT 120 \ 69~ ~3, PARCEL E 7045 501 N\6° 361 40°~ 450.00 NT 3° 23 20 `~1a~GNWAy // 22•p0 / 19 EXHIBIT "B"" lANO .~ y~;`o ~ SroL'r /SS ASE L ~ aP ?c" t^ V LS 4758 ° Exp. 9-30-09 M.B. 288 / 32-39 lF OF CAl\FOF /// ! C~ • CJ V APPROVED BY: l ^ATE• ~l/iL1 G ZP>CJ ~ CURVE DATA O Q= R= T= L= (~A 44' 36' OS" 22. 50' 9.23' 17. 52' O 29°53'58" 45.00' 12.02' 23.48' OI 39°19'48" 56.00' 20.01' 38.44' O 55'05'30" 33.50' 17.47' 32.21' O OS' 32' 0I " 34. 00' I. 64' 3. 28' z[ ' RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE. CA. 92501 PRaecT NaME~ TEMECULA CREEK CHANNEL -AUGUSTA DRIVE SD THIS PLAT IS SOLELY AN AID IN LOCATING SCALES NO SCALE PREPARED BYe RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. I T I S NOT A PART oarE: SHEET N0. OF THE WRITTEN DESCRIPTION THEREIN. APRIL 22, 2008 I OF I ITEM N~}. 23 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: June 24, 2008 SUBJECT: Arts Council of Temecula Valley Special Event Community Grant Agreement PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council approve a Special Event Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley(Arts Council) in the amount of $20,000. BACKGROUND: The Arts Council of Temecula Valley has been sponsoring fall and spring Concerts on the Green and an annual Arts in the Country Festival for several years. The City has traditionally participated with the Arts Council in partial funding for these events. For the past few years, the Arts Council has consolidated the Arts in the Country Festival into a weekend Arts Festival that is presented at the Bel Villaggio Center adjacent to the Promenade Mall. This year the Arts Council will again present the Arts Festival in the fall 2008. Anew venue at the Promenade Mall selected with the intention of attracting an even larger audience to the two day event was very successful last year. Concentrating efforts and offering the event at one central location allows more people to enjoy the Festival. The Arts Festival will provide a venue for new and emerging artists to exhibit their work, as well as, well known and established artists. A "Kids Korner"will offer free art activities and entertainment for youth. The Arts Council will provide a setting for many visual and musical artists, with varied live entertainment offered on three stages throughout the weekend. The Promenade Mall is partnering with the Arts Council by providing a stage and assisting in advertising and marketing. The Arts Council is requesting that the City participate in these efforts by providing a special events community grant. Funds provided by the City will be used to help defray the costs of advertising and promotion, printing, stage and lighting, and entertainment. FISCAL IMPACT: The cost to co-sponsor the fall Arts Festival is $20,000. Sufficient funds are available in the Community Support Budget for FY 2008/09. ATTACHMENTS: Special Events Community Grant Agreement SPECIAL EVENT COMMUNITY GRANT AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE ARTS COUNCIL OF TEMECULA VALLEY THIS AGREEMENT is made by and between the City of Temecula ("City"), a municipal corporation, and the Arts Council of Temecula Valley, anon-profit corporation, and is dated as of June 24, 2008. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to be true and correct: a. The Arts Council of Temecula Valley ("Arts Council") coordinates many programs for the cultural arts within the City of Temecula, which are not provided by the City's recreation and cultural arts program. b. The Arts Council warrants and represents to the City that it is a non-profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. b. The City Council desires to award a special events community grant to the Arts Council in the amount of twenty thousand dollars {$20,000) for the purpose of continuing and enhancing its cultural arts programs within the City of Temecula. The City Council hereby allocates $20,000 for the Arts Festival special events ("Events") to be presented by the Arts Council during fiscal year 2008-2009. c. This Agreement provides for the manner in which the grant will be paid to the Arts Council. 2. The City shall pay $20,000 to the Arts Council to promote and present the Events for the fiscal year ending June 30, 2009. Arts Council shall submit an invoice to the City prior to the event, which shall represent the City's sponsorship of each event as outlined in Section 1.b. City shall pay the invoice or provide its written objections to it within thirty (30) working days following receipt by the City. The term of this agreement shall be July 1, 2008 to June 30, 2009. 4. The City may at any time, for any breach of this Agreement, suspend or terminate this Agreement, or any portion hereof, by serving upon the Arts Cauncil at least ten (10) days prior written notice. If the breach is corrected during this ten-day period, City may, in its sole and exclusive discretion, rescind the termination. 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. Arts Council shall make available to the City its books, records and financial documents in such form as to allow City to verify Arts Council's compliance with the terms of this Agreement. 5. The Arts Council agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, and employees from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886027.doc 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 Arts Council'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 attributable to the active negligence of the City. 6. Arts Council shall procure and maintain, or shall have provided on its behalf, for the duration of fiscal year 2008-2009 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the Arts Council, its agents, representatives, or employees. 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, including anon-owned auto endorsement. (2} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Workers Compensation Insurance shall not be required if the Arts Council has no employees. 88 (3} Insurance Services Office Liquor Liability farm No. CG 00 01 11 85 or b. Minimum Limits of Insurance. Arts Council shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1} General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. (2) Workers' Compensation as required by the State; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (3} Liquor Liability: One million dollars ($1,000,000) per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles orself-insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability policies shall contain, or be endorsed to contain, the following provisions: (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 Arts Council; premises owned, occupied or used by the Arts Council; or automobiles owned, leased, hired or borrowed by the Arts Council. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886027.doc (2} Far any claims related to this Agreement, the Arts Council's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance orself-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Arts Council'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 Arts Council's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5} Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6} If insurance coverage is cancelled or, reduced in coverage or in limits the Photographer shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Arts Council 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 Arts Council's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Arts Council 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 Arts Council shall at all times be under Arts Council's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Arts Council or any of Arts Council's officers, employees or agents, except as set forth in this Agreement. Arts Council 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. Arts Council shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 8. 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 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886027.doc 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 fallowing deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Arts Council: Arts Council of Temecula Valley P.O. Box 2337 Temecula, California 92593 Attention: Executive Director 9. The Arts Council 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. 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. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886027.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar Mayor Attest: Susan Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney ARTS COUNCIL OF TEMECULA VALLEY, a California non-profit corporation Arnold Bereson, Ph.D. President Ruth Hobbs Executive Director C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886027.doc THE C O U N T C I LLJJI OF TEMECULA VALLEY RE: Economic Development Funding for Special Events 18~h Annual Temecula Valley Arts Festival 2008 In October, 2008 the Arts Council will use funding provided by the City of BOARD OF TRUSTEES Temecula to produce the, two-day 18~h Annual Temecula Valley Arts Melody Brunsting Festiva12008 at the Temecula Promenade Mall. The average 20,000 Vicki Cochetas people who visit the Promenade every weekend will be exposed, for the Patricia Egan second year, to wide variety of vibrant and interesting local Mickie Evans entertainment, art vendors and family fun. Emmilie Lynn Cami McCorkle Sheila Havens Ryle Funding will cover the following reasonable and necessary costs which Solange Sheppy will be incurred by the Arts Council of Temecula Valley: ADVISORY BOARD • thirty-two-page arts brochure which will be distributed to 20,000 and serve to advertise art in Temecula beyond the Festival Jim Meyler Stewart M. Morris, Jr. • small payments to performers Karen Parrott • fencing and signage Alicen Wong ~ Chuck Washington • art su Iles for outh art ro ects pp y p j • equipment rental for sound and lighting DIRECTOR • rental of tables and chairs for "Absolutely Art" wine garden Ruth H. Hobbs The support of Forest City Enterprises will enable the Council to produce DIRECTOR OF the $30,000 event prudent of costs. We will be able to widen our FUNDRAISING & DEVELOPMENT promotions by combining efforts and sharing contacts and equipment. Sonny Smith Thank you for your interest in bringing this exciting event to our town. DIRECTOR OF The Arts Council understands the important role that special events play PROGRAMS & EVENTS in attracting tourists to Temecula as well as contributing to quality of life Catherine Smith for the residents of Temecula Valley. We are committed to supporting the expansion of special events through strategic planning, and look forward to working with you and the Promenade to ensure a rewarding ARTS COUNCIL OF TEMECULA VALLEY experience. 28481 RANCHO CALIFORNIA ROAD SUITE 110 TEMECULA, CA 92590 Thank you in advance for your support. MAILING: P.O. BOX 2337 Sincere) y TEMECULA, CA 92593 PHONE: 951.695.ARTS FAX: 951.695.9438 info@a rtsi ntheva I ley. org www. a its i nth eva I I ey. o rg I Ruth Hobbs Executive Director ITEM N~}. 24 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: June 24, 2008 SUBJECT: Acceptance of Grant Deed -Wolf Creek Civic Use Parcel PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council authorize acceptance of the Grant Deed forthe Wolf Creek Civic Use Parcel Tract Map 29305 Lot 27, located in the Wolf Creek development and direct staff to proceed with the necessary actions to cause the deed to be recorded. BACKGROUND: Wolf Creek is a large Specific Plan development in the southern part of the City east of Pechanga Parkway. The Development Agreement provides an option for the City to accept a 1.63 acre site for civic use. This undeveloped parcel is located on Wolf Valley Road adjacent to Fire Station 92. The specific use for site has not been determined at this time. However, acceptance of this parcel will provide land for future civic options. A policy of title insurance will be provided by the developer to accompany the transfer of title to the City. FISCAL IMPACT: The developer is entitled to receive fee credit against the corporate facilities residential component of the City Development Impact Fee (DIF) in accordance with the Development Agreement between City of Temecula and S-P Murdy, LLC dated February 13, 2001. The cost of developing this parcel will be determined in the future Capital Improvement Program (CIP) process. ATTACHMENTS: 1) Grant Deed 2) Vicinity Map EXEMPT RECORDING REQUESTED BY City of Temecula PER GOVT CODE § 27383 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: City of Temecula P.O. Box 9033 Temecula CA 92589-9033 EXEMPT RECORDING SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Wolf Creek Development, LLC, a California limited liability company hereby grants to the CITY OF TEMECULA, a municipal corporation, the following described real property in the City of Temecula, County of Riverside, State of California: See Exhibit "A" -Legal Description attached hereto, Executed on .2008. at .California. Signature Type/Print Name Position Signature Type/Print Name Position Notary's Form EXHIBIT A Lot 27 of Tract Map No. 29305, in the City of Temecula, as per Map recorded in Book Pages through ,inclusive of Maps, in the Office of the County Recorder of said County. Civil Use Parcel I Civic Use Parcel Information APN: 962580092 Owner: WOLF CREEK DEV SitusAddress - Situs City - Mailing Address 255 E RINCON ST STE 200 Mailing City CORONA CA 92879 Acres 1.63 0 400 800 Lot 27 Map No. TR 29305 ITEM N~}. 25 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold, Director of Building and Safety DATE: June 24, 2008 SUBJECT: Agreement for Plan Review Services with Esgil Corporation RECOMMENDATION: That the City Council approves an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2008/2009 in the amount of $150,000. BACKGROUND: On June 30, 2008, the contract for professional plan review services with Esgil Corporation will end. The relationship between the City of Temecula and Esgil Corporation has resulted in an excellent service afforded to our customers for thirteen (13) years. Esgil Corporation is a major provider for our outside plan review services and continues to provide an outstanding level of quality plan review, as well as meeting city commitments to our customers for plan review turn around times. Due to the quality of services rendered by Esgil Corporation the city staff wishes to continue this positive relationship without consideration of additional potential consultants. FISCAL IMPACT: These are currently programmed in the Fiscal Year 2008/2009 Operating Budget Account Number 001-162-999-5248, "Consulting Services" for this purpose. ATTACHMENTS: Agreement FY 2008/2009 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND ESGIL CORPORATION PLAN CHECK REVIEW SERVICES THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation {"City") and Esgil Corporation {"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence an July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, 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 One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) 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 an invoice of any disputed fees set forth on the invoice. 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 5. 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 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 aut of the negligence of the City. 9. INSURANCE REQUIREMENTS. A. 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. B. 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, anon-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. C. 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 projectllocation or the general aggregate limit shall be twice the required occurrence limit. property damage 2) Automobile Liability: $1,000,000 per accident for bodily injury and 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: One million {$1,000,000) per claim and in aggregate. D. 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. E. 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. F. 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. Self insurance shall not be considered to comply with these insurance requirements. G. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 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 Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day fallowing 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: Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Dr. #208 San Diego, CA 92123 14. ASSIGNIUIENT. 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 forth herein and upon each party's awn 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 TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Dr. #208 San Diego, CA 92123 858-560-1468 Phone 858-560-1576 Fax By: Name: Title: By: [Signatures of Two Corporate Officers Required] EXHIBIT A SCOPE OF WORK PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adapted uniform codes as follows: Building code requirement including: • Requirements based upon type of occupancy • Requirements based upon type of construction • Engineering regulations including seismic loads • Detailed regulatians of construction • Fire resistive standards for fire protection • Fire and life safety requirements • Accessibility to the physically handicapped National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes. EXHIBIT B PAYMENT RATES AND SCHEDULE Esgil Corporation's plan review fee shall be 90% of the plan review portion of the City's Permit Fees. The fee for "Structural Only Plan Reviev~' is valuated at 45% of the fee collected for a full review. Plan check fee for repetitive identical buildings shall be 75% of the inspection portion of the City's Permit Fee as noted above for the first, or basic building, and 15% of the inspection portion of the City's Permit Fee as noted above for each additional building. The single fee includes all rechecks and there are na additional charges for preliminary plan check conferences at our office, expedited processing, or checking plans that are eventually found to be incomplete. Revisions to previously approved plans will be at Esgil Corporation's published hourly rates. ITEM N~}. 26 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold Director of Building and Safety DATE: June 24, 2008 SUBJECT: Agreement for Plan Review Services with Interwest Consulting RECOMMENDATION: That the City Council approves an agreement for Consultant Services for Plan Check Review for Fiscal Year 2008/2009 with Interwest Consultants in an amount not to exceed $50,000. BACKGROUND: On April 22, 2008, the City Council approved a contract with Interwest Consulting Group for professional Plan Review Services for the remainder of the Fiscal Year 2007/2008. The contract is scheduled to end on June 30, 2008. The contract for plan review services provided by Interwest Consulting Group has resulted in an excellent review of projects for our customers. Therefore, the Building and Safety Department wishes to enter into an agreement for the Fiscal Year 2008-2009 with Interwest Consulting Group to ensure plan review turnaround times are met in the event our other consultant becomes unable to provide the expected level of service. FISCAL IMPACT: These are currently programmed in the Fiscal Year 2008-2009 Operating Budget Account No. 001-162-999-5248 "Consulting Services", for this purpose. ATTACHMENTS: Agreement Fiscal Year 2008-2009 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND INTERWEST CONSULTING GROUP, INC. PLAN CHECK REVIEW SERVICES THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation {"City") and Interwest Consulting Group, 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 July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, 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 Thousand Dollars and No Cents ($50,000.00) 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. 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 5. 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 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 aut of the negligence of the City. 9. INSURANCE REQUIREMENTS. A. 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. B. 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, anon-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. C. 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 projectllocation or the general aggregate limit shall be twice the required occurrence limit. property damage 2) Automobile Liability: $1,000,000 per accident for bodily injury and 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: One million {$1,000,000) per claim and in aggregate. D. 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. E. 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. F. 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. Self insurance shall not be considered to comply with these insurance requirements. G. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 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 Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day fallowing 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: Interwest Consulting Group, Inc. 4113 Bellflower Blvd. Long Beach, CA 90808 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 farce 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 far 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 ar 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. Cantractor 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 farce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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 TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Interwest Consulting Group Inc. Attn: Paul Armstrong 4113 Bellflower Blvd. Lang Beach, CA 90808 (562) 420-7905 {562) 420-7815 Fax By: Name: Title: By: [Signatures of Two Corporate Officers Required] EXHIBIT A SCOPE OF WORK PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: California Building Code requirement including: • Requirements based upon type of occupancy • Requirements based upon type of construction • Engineering regulations including seismic loads • Detailed regulations of construction • Fire resistive standards for fire protection • Fire and life safety requirements • Accessibility to the physically handicapped California Electrical Code requirements California Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes. Temecula Municipal Code Section 15.04 EXHIBIT B PAYMENT RATES AND SCHEDULE Interwest Consulting Group's plan review fee shall be 90% of the plan review portion of the City's Permit Fees. The fee for "Structural Only Plan Reviev~' is valuated at 45% of the fee collected for a full review. Plan check fee for repetitive identical buildings shall be 75% of the inspection portion of the City's Permit Fee as noted above for the first, or basic building, and 15% of the inspection portion of the City's Permit Fee as noted above for each additional building. The single fee includes all rechecks and there are no additional charges far preliminary plan check conferences at our office, expedited processing, or checking plans that are eventually found to be incomplete. Revisions to previously approved plans will be at Interwest Consulting Group's published hourly rates. ITEM N~}. 27 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: June 24, 2007 SUBJECT: Agreement for Architectural Consulting Services Between the City of Temecula and Roger Cantrell PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: That the City Council approve a contract with Roger Cantrell for architectural plan review services in the amount of $50,000.00 for fiscal year 2008-09. BACKGROUND: On July 10, 2007, the City Council approved a contract with Roger Cantrell for architectural review services to assist in the review of proposed development plans. The contract stipulates that the City could, upon mutual agreement, extend the contract for two one-year additional terms. Staff is recommending extending the contract for cone-year term from July 1, 2008 through June 30, 2009. The services provided by Roger Cantrell have greatly benefited staff and the Planning Commission in the review of Planning Applications, and staff recommends granting another one-year contract in the amount of $50,000.00. The consultant agrees with the terms of the current contract and his fees for services will not change with the new contract. FISCAL IMPACT: Adequate funds have been included in the FY 2008-09 Operating Budget. Payments to the consultant will be paid from the Planning Department budget line item 001.161.999.5250, Other Outside Services. All consultant fees will be paid by applicants and deposited into the City's General Fund in accordance with the approved fee schedule shown in Exhibit "B" of the contract. ATTACHMENTS: Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND ROGER CANTRELL ARCHITECTURAL PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of June 24, 2008, between the City of Temecula, a municipal corporation ("City") and Roger Cantrell ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract far two one-year additional terms. 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 Thousand Dollars and No Cents ($50,000.00) 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 an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 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, ar 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 ar 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 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, anon-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. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 orself-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 agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (3Q) days' prior written notice to the City. 6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from the insurer, phone, fax, and !or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 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 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 via U.S. Mail: To City via Courier Service To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Roger Cantrell P.O. Box 1218 Studio City, CA 91604 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 LAVN. 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, ar Contractor's sub-contractors far 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 farce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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 TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Roger Cantrell P.O. Box 1218 Studia City, CA 91604 Attention: Roger Cantrell 818-762-6782 Phone 818-762-7177 Fax By: Name: Title: By: [Signatures of Twa Corporate Officers Required] EXHIBIT A SCOPE OF WORK Roger Cantrell ("Consultant") and City Staff ("City") will perform the following tasks pursuant to the terms of this Contract: 1. City staff will mail via first class postage to Consultant, one (1) full-size set of blueprints for each projects for review, containing at a minimum, site plan, elevations, and grading plan; and via a-mail, City staff will deliver to Consultant electronic files of same prints in a format mutually acceptable to City and Consultant. 2. Consultant will review plans and prepare written analysis, including, but not limited to an assessment of whether the plans conform with the City's adopted Design Guidelines, Development Code, and General Plan; recommendations on how the plans should be revised to achieve, or improve consistency with said City documents; and any other comments/illustrations Consultant deems necessary to effectively perform his tasks as contracted. The written analysis will be sent to designated City representatives via e- mail, no later than fourteen (14) days from receipt of e-mailed plans from City, and followed up by a written "hard copy" letter mailed first class postage. 3. Consultant will participate in professional discussions of plans with City staff and applicants on an "as-needed" basis by various means of communications, including e- mail, telephone conference calls, and the occasional attendance at meetings in person. However, City will strive to minimize the number of occurrences requiring personal attendance and will attempt to exhaust all other methods of communication before requesting personal attendance by Consultant. The incidental costs associated with communicating with the City and/or applicants during the course of performing the required tasks outlined in this contract shall be borne entirely by the Consultant, unless alternative arrangements are pre-authorized by the City. EXHIBIT B PAYMENT RATES AND SCHEDULE 1. Consultant agrees to perform services stipulated by this contract based on the amount of $0.05 per gross square footage of all proposed buildings shown on plans forwarded for review and analysis. 2. In the case of single-family residential Product Reviews, the $0.05 rate shall be computed based on the total gross square footage of each model/elevation being proposed. For example, if a 100-lot residential Product Review application is comprised of three elevations of a Model One, three elevations of a Model Two, and three elevations of a Model Three, the payment rate is based on the gross square footage of all nine model types. 3. All incidental costs to Consultant associated with performing the stipulated tasks of this contract (i.e. telephone bill, computer, travel expenses, duplicating costs, etc.) shall be assumed to be built-in to the approved payment rate, unless alternative arrangements are pre-authorized by the City. For all reimbursements authorized by this Agreement, Consultant shall provide receipts for all pre-approved reimbursable expenses in excess of $50.00 in such form as approved by the Director of Finance. ~_` USAA® AUTOMOBILE POLICY PACKET LINDA R GLATT-CANTRELL 4203 BEEMAN AVE STUDIO CITY CA 91604-1519 CIC POLICY PERIOD: EFFECTIVE APR 30 2008 TO OCT 09 2008 IMPORTANT MESSAGES PAGE 1 MAIL MCH-M-I 24741 64105 APRIL 29, 2008 00529 79 12 7102 7 Refer to your Declarations Page and endorsements to verify that coverages, limits, deductibles and other policy details are correct and meet your insurance needs. Required information forms are also enclosed for your review. This is not a bill. Any premium charge or change for this policy will be reflected on your next regular monthly statement. Your current billing statement should still be paid by the due date indicated. To receive this document and others electronically, or manage your Auto Policy online, go to usaa.com. For U.S. calls: Policy Service (800) 531-8111. Claims (800) 531-8222. ACS1 49708-0406 PAGE 2 THIS PAGE INTENTIONALLY LEFT BLANK PAGE 3 _ ~ USAA CASUALTY INSURANCE COMPANY ADDL INFO ON NEXT PAGE MAIL MCH-M-I 1 ~ AMENDMENT TO 1 ~o (A Stock Insurance Company) State 02 03 5 ven POLICY NUMBER (J$AA 9800 Fredericksburg Road - San Antonio, Texas 78288 97 97 97 Xri?E~ 00529 79 12C 7102 7 CALIFORNIA AUTO POLICY POLICY PERIOD: (12:01 A. M. standard time) AMENDED DECLARATIONS EFFECTIVE APR 30 2008 TO OCT 09 2008 ATTACH TO PREVIOUS POLICY OPERATORS Named Insured and Address 01 LINDA RGLATT-CANTRELL 03 ROGER DOANE CANTRELL 04 KATHERINE J CANTRELL LINDA R GLATT-CANTRELL 4203 BEEMAN AVE STUDIO CITY CA 91 604-1 51 9 Descri tion of Vehicle(s) VEH USE' wonwscnoo~ VEH YEAR TRADE NAME MODEL BODY TYPE MILEAGE IDENTIFICATION NUMBER SYM Miles wie Da s vPy e`k 02 90 VOLVO 780 CPE 2D 5000 YV1HA8727LD009730 21 P 03 02 HONDA ACCORD EX SED 4D 10000 1HGCG165X2A045284 14 P 05 57 FORD RANCHERO PICKUP 200 C7RF172040 9 P The Vehicle(s) described herein is principally garaged at the above address un ess otherwise stated. wic=wereBCnem; D-se:mess; F-Farm;F=nieasore VEH 02 STUDIO CITY CA 91604-1519 VEH 05 STUDIO CITY CA 91604-1519 VEH 03 STUDIO CITY CA 91604-1519 rs o icy provt es t ose coverages w ere a premium rs sown a ow. a rmrts sown may kie reduced by .policy provisions and may not be combined regardless of the number of vehicles for which a remlum rs listed unless - s ecrficall authorized elsewhere in this olic . COVERAGES LIMITS OF LIABILITY VEH VEH VEH VEH ("ACV" MEANS ACTUAL CASH VALUE) D OED6 PREOMIUMH D3DED nPROEM UM D5DED ~PROEMIUM D=DED PREMIUM MOUNT $ MOUNT $ MOUNT S MOUNT $ PART A - LIABILITY BODILY INJURY EA PER $ 500,000 EA ACC $1,000,000 110.45 272.95 74.59 PROPERTY DAMAGE EA ACC $ 100,000 62.82 151.22 43.49 PART B - MEDICAL PAYMENTS EA PER $ 5,000 14.10 48.66 10.83 PART C - UNINSURED MOTORISTS BODILY INJURY EA PER $ 500,000 EA ACC $1,000,000 29.08 93.29 18.90 PART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS 500 105.70 COLLISION LOSS ACV LESS 500 342.81 INCREASED RENTAL REIMBURSEMENT 26.48 TOWING AND LABOR 5.88 7.36 VEHICLE TOTAL PREMIUM 222.33 048.47 147.81 -------------------------------ADJUSTMEN REA ON- ------------ ------- ---- ---- PART D - COMPREHENSIVE LOSS DELETED VEH 02 05 PART D - RENTAL REIMB DELETED VEH 02 PART D - COLL LOSS DELETED VEH 02 05 CHANGE IN OPERATOR DATA OP 04 CHANGE IN USAGE VEH 02 TOTAL PREMIUM - SEE FOLLOWING PAGE(S) ENDORSEMENTS: ADDED 04-30-08 - NONE REMAIN IN EFFECT(REFER TO PREVIOUS POLI CY)- A073(03) A4000A(02) 51000A(01) A1000A 03 "s 2 01112 00 3 24412 00 5 52112 00 s In WITNESS WHEREOF, we have caused this policy to be signed by our President and Secretary at San Antonio, Texas, on this date A~PLR~ I~L/ 2 9 , 20~~08 CY'""'~"'"~S~ aooo c Steven Alan Bennett, Secretary Stuart Parker, President PAGE 1, ` USAA CASUALTY INSURANCE COMPANY (A Stock Insurance Company) ° State ven POLICY NUMBER U$~ 9800 Fredericksburg Road - San Antonio, Texas 78288 ~~~ 00529 79 12C 7102 7 CALIFORNIA AUTO POLICY POLI CY PERIOD: (12:01 A.M. standard time) AMENDED DECLARATIONS EFFECTIVE APR 30 2008 TO OCT 09 2008 ATTACH TO PREVIOUS POLICY Named Insured and Address LINDA R GLATT-CANTRELL 4203 BEEMAN AVE STUDIO CITY CA 91604-1519 Description of Vehicle(s) VEH USE ' woeasceoo~ VEH YEAR TRADE NAME MODEL 80DY TYPE ANNUAL MILEAGE IDENTIFICATION NUMBER SYM Miles w°ay Days week e e Ic e s escn e erem Is prlnclpa y garage a e a ove a ress un ess o erwlse sae . wic=we,kiscneoc a=eusmess: F=Parm;P=P~easure is olicy prove es N t ose coverages wh ere a premium is sown a ow. a emits sown may be reduced by policy provisions and ma y not 6e combined regardless of the number of vehicles for which a remium is listed unless s ecificall authorized elsewhere in this olic . COVERAGES LIMITS OF LIABILITY ("ACV" MEANS ACTUAL CASH VALUE) D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM MOUNT $ MOUNT S MOUNT $ MOUNT $ REVISED 6 MONTH PREMIU ...$ 1418.61 6 ONTH D CRE SE...$ 68.8 HE FOLLOWING COVERAGES) DEFINED I THI POLIC ARE NOT P OVIDE FOR: VEH 02 - EXTENDED BENEFITS COVER GE, OMPREH NSIV ,COLLISION, RENTAL REIMBURSEMENT VEH 03 - EXTENDED BENEFITS COVER E VEH 05 - EXTENDED BENEFITS COVER GE, OMPREH NSIV COLLISION, RENTAL REIMBURSEMENT, TO LNG A D LABO In WITNESS WHEREOF, we have caused this policy to be signed by our President and Secretary at San Antonio, Texas, on this date APRIL 29, 2008 sooo c Steven Alan Bennett, Secretary Stuart Parker, President 1~ US~® SUPPLEMENTAL DECLARATIONS LAST PAGE 5 CIC 00529 79 i2 7102 EFFECTIVE APR 30 2008 TO OCT 09 2008 We have applied these driver/vehicle discounts or increases to the policy premium listed on your Declarations page. The amounts listed are approximations. NOTE: Age or senior citizen status, if allowed by your state rates were set and your premiums have already been adjusted. VEHICLE 02 ANNUAL MILEAGE DISCOUNT CALIFORNIA AUTO POLICY DISCOUNT `EXEMPLARY DRIVER DISCOUNT MULTIPLE POLICY DISCOUNT GOOD DRIVER DISCOUNT OPERATOR 03 MULTI-CAR DISCOUNT PASSIVE RESTRAINT DISCOUNT VEHICLE INJURY RATING DISCOUNT VEHICLE 03 ANNUAL MILEAGE DISCOUNT CALIFORNIA AUTO POLICY DISCOUNT *EXEMPLARY DRIVER DISCOUNT "MULTIPLE POLICY DISCOUNT DRIVER TRAINING DISCOUNT OPERATOR 04 GOOD STUDENT DISCOUNT OPERATOR 04 MULTI-CAR DISCOUNT PASSIVE RESTRAINT DISCOUNT VEHICLE EXPERIENCE DISCOUNT VEHICLE 05 ANNUAL MILEAGE DISCOUNT CALIFORNIA AUTO POLICY DISCOUNT *EXEMPLARY DRIVER DISCOUNT 'MULTIPLE POLICY DISCOUNT GOOD DRIVER DISCOUNT OPERATOR 01 MULTI-CAR DISCOUNT was taken into consideration when your -$ 114.43 -$ 164.80 -$ 54.11 -$ 105.94 -$ 1.25 -$ 1.96 -$ 88.52 -$ 246.15 -$ 25.29 -$ 94.85 -$ 158.08 -$ 4.81 -$ 65.70 -$ 203.42 -$ 164.80 -$ 36.96 $ 1 05.94 SUPDECRev.1-04 APRIL 29, 2008 ITEM N~}. 28 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: June 24, 2008 SUBJECT: Accela/Permits Plus Annual Maintenance Agreement RECOMMENDATION: That the City Council 1. Authorize the purchase of the annual maintenance support agreement for the following Accela/Permits Plus Applications: Permits Plus Base, Client Server, Office Link, and Wireless Modules, for the total amount of $38,185.99. 2. Authorize the City Manager to approve the contingency amount of $3,818.99, which is equal to 10% of the contract amount. BACKGROUND: The City uses Accela to centralize and automate its land and permit management activities. With the addition of Accela Wireless, the City provides its inspection teams with mobile technology to shift daily tasks from the office to the field. The Permits Plus Application suite is a Windows-based environment that interacts with Microsoft SQL databases and complies with State and Federal regulations. This product is a proprietary application and may only be obtained from Accela, Inc. FISCAL IMPACT: $42,004.98 has been budgeted in the 2008-09 Fiscal Year Information Systems Internal Services Fund Budget. ATTACHMENTS: Accela/Permits Plus Software Maintenance Agreement ~CCEL_ Temecula, CA - Cit of Tim Thorson Finance Department P.O. Box 9033 Temecula CA -92589-9033 042005 rr wwnvi rtrtmns rW. pp MAINT_PERMRS PLUS PP MAIM PERMITS PLU• pp MAINT CLIENT SERGER AW MAIN7 WIRELESS AW MAINT ACCELA WIRELESS PP MAINT_PERMITS PLLL pp p~glM_OFFiCE LINK, EST.10833 The Maintenance fees. are for the pedod: -. ~ Juty 1,2008 to June 30, 2009. CA State Sales Tax has been calculated - on 50% of the AAain[enance Fee total. Please direct invoice inquiries to the Accounts Receivable Dept at (925) 659.3275 or send an ema~ to: accou ntsreceivable@accela. com WIRING INSTRUCTIONS BANK: Silicon Valley Bank ABA: 121140399 Account: 33-005-29-825 For CredR Of: ACCELA, INC. 45 25.00 $0.00 $540.81 $13,520.32 25.00 $0.00 $22224 ~ $5,555.88 10.00 $0.00 . $1,649.81 $16,498.13 25.00 ~ $0.00 ~ $47.46 $1,18fi.57 TEMECULA COMMUNITY SERVICES DISTRICT ITEM N~}. 29 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JUNE 10, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 7:36 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchera ABSENT: 0 DIRECTORS: None Also present were City 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 May 27, 2008. 19 First Amendment to the Roof Preventive Maintenance Services with Tremcol Weatherproofing Technologies, Inc. for Fiscal Year 2008-2009 RECOMMENDATION: 19.1 Approve the First Amendment with Tremco/Weatherpraafing Technologies, Inc., for $29,800 to provide preventive roof maintenance services at the various locations and extend the Agreement to June 30, 2009. 20 Temecula Community Services District Fiscal Year 2008-2009 Annual Maintenance Agreements RECOMMENDATION: 20.1 Approve the minor annual maintenance and construction contracts for Fiscal Year 2008-2009 with: 1. Sean Malek for an amount not to exceed $100,000 2. Rizzo Construction, Inc. for an amount nat to exceed $100,000 3. Moore Fence for an amount not to exceed $100,000 4. Park Specialties for an amount not to exceed $100,000 5. Alexander Pacific for an amount not to exceed $100,000 R:\Minutes\061008 6. N.P.G. Inc. for an amount not to exceed $100,000 7. Imperial Paving Company, Inc. for an amount not to exceed $100,000 8. Strong Painting for an amount not to exceed $100,000 9. Craftsmen Plumbing for an amount not to exceed $50,000 10. Power Distributors, Inc. for an amount not to exceed $50,000 11. Monteleone Contractor's, Inc. for an amount not to exceed $50,000 12. Tiger Equipment, Inc. for an amount not to exceed $50,000 21 Agreement with Computer Alert Systems, Inc. RECOMMENDATION: 21.1 Approve a contract with Computer Alert Systems, Inc., for Alarm Monitoring, Inspection, and Repair Services in the amount of $37,700 for Fiscal Year 2008- 2009. 22 Contract for Production Equipment and Event Staging RECOMMENDATION: 22.1 Approve anon-exclusive Entertainment Agreement between the City of Temecula Community Services District and Timmy D' Productions in the amount of $55,000 for FY2008-2009. MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards seconded the motion and electronic vote reflected unanimous approval. PUBLIC HEARING 23 Review and Adoption of the FY 2008-09 Annual Operating Budget (TCSD) RECOMMENDATION: 23.1 Adapt a resolution entitled: RESOLUTION NO. CSD 08-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS By way of PowerPaint Presentation, City Manager Nelson briefly highlighted the Annual Operating Budget, commenting on the main components such as: • Total Project Revenues • Total Proposed Expenditures • Special TaxIR.E.S.T. - Rate per Household • R. E.S.T Contribution • Park & Recreation Facility Increases R:\Minutes\061008 2 • Park & Recreation Programs At this time, the public hearing was opened; there being no speakers, it was closed. Although it may appear that the Board is rapidly discussing and approving this process, Director Naggar informed the audience that the Board had previous discussions and had received information from staff with regard to the budget. City Manager Nelson noted that although there may be an economic downfall and many cities have had to cut programs, the City of Temecula has not had that type of misfortune and has been able to continue to provide a high level of service to its residents. Director of Community Services Parker explained the R.E.S.T program to the audience. The Board commended staff for its efforts with respect to the budget process. MOTION: Director Naggar moved to approve staff recommendation. Director Edwards seconded the motion and electronic vote reflected unanimous approval. 24 TCSD Proposed Rates and Charges for FY200$-2009 RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. CSD 08-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B -RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C -PERIMETER LANDSCAPING AND SERVICE LEVEL D -REFUSE AND RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2008-2009 By way of overheads, Director of Community Services Parker provided a brief staff report {of record) with respect to the TCSD Proposed Rates and Charges for FY2008-2009. At this time, the public hearing was opened and due to na speakers, it was closed. MOTION: Director Naggar moved to approve staff recommendation. Director Roberts seconded the motion and electronic vote reflected unanimous approval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT No reports at this time. R:\Minutes\061008 3 CSD BOARD OF DIRECTORS REPORTS No reports at this time. CSD ADJOURNMENT At 7:55 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 24, 2008, at 5:30 p.m. far a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero. President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\061008 ITEM N4. 34 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 24, 2008 SUBJECT: Arts Council Community Grant Agreement PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors approve the Community GrantAgreement between the Temecula Community Services District (TCSD) and the Arts Council of Temecula Valley in the amount of $40,000 for fiscal year 2008/09. BACKGROUND: The Arts Council of Temecula Valley (Arts Council) has been providing a variety of arts and cultural activities in the City of Temecula for several years. The Arts Council produces the annual Temecula Valley Arts Festival, collaborates with other local organizations to provide art education opportunities to youth, provides re-granted funding to other arts organizations, partners with the TCSD to showcase local artists at the Gallery at the Merc, and provides many other arts programs and opportunities. The detailed accomplishments of the previous year and goals for next year are outlined in the attachments to the proposed agreement. The Arts Council worked extensively with City staff and AMS Planning and Research in the development of the City's Cultural Arts Master Plan. Byway of the Community Grant Agreement, the Arts Council commits to continue the implementation process of the Cultural Arts Master Plan. TCSD staff and the Arts Council have agreed upon the goals and objectives that the Arts Council will implement by the end of fiscal year 2008-09 as part of this agreement. The Arts Council's efforts will continue to focus on: • Providing opportunities for arts education in schools and the community • Generating greater awareness and participation in arts and cultural programs • Enhancing the community through art in public places • Assisting, encouraging, and fostering cooperation among cultural organizations and individual artists in the Temecula Valley • Developing performing and visual arts facilities • Preserving the historic legacy of the Temecula Valley This agreement provides $40,000 in funding for continued implementation of the cultural arts programs in the City of Temecula. The Arts Council will submit an invoice to the TCSD at the end of each calendar quarter for the actual costs of personnel, which will be accompanied by appropriate documentation. FISCAL IMPACT: Funding in the amount of $40,000 is appropriated in the TCSD budget for FY 2008-09 for the Arts Council program. ATTACHMENTS: Community Grant Agreement COMMUNITY GRANT AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE ARTS COUNCIL OF TEMECULA VALLEY THIS AGREEMENT is made by and between the Temecula Community Services District (TCSD}, a municipal corporation, and the Arts Council of Temecula Valley, anon-profit corporation, and is dated as of June 24, 2008. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to be true and correct: a. The Arts Council of Temecula Valley ("Arts Council") coordinates many programs for the cultural arts vuithin the City of Temecula, which are not provided by the TCSD's recreation and cultural arts program. b. The Arts Council warrants and represents to the TCSD that it is a non-profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. b. The Board of Directors desires to award a community grant to the Arts Council in the amount of forty thousand dollars {$40,000.00) for the purpose of continuing and enhancing its cultural arts programs within the City of Temecula. The Board of Directors hereby allocates $40,000 for the costs of personnel working for the Arts Council for fiscal year 2008-2009. c. This Agreement provides for the manner in which the grant will be paid to the Arts Council. 2. The TCSD shall pay to the Arts Council on a quarterly basis, an amount equal to the actual costs for employees of the Arts Council for the preceding quarter, not to exceed $10,000.00 per quarter or $40,000.00 for the fiscal year ending June 30, 2009. Arts Council shall submit an invoice to the TCSD at the end of each calendar quarter for the actual costs of personnel, which shall be accompanied by such documentation as reasonably required by the Director of Finance to establish that such costs were incurred by the Arts Council. TCSD shall pay the invoice or provide its written objections to it within thirty {30) working days following receipt by the TCSD. The term of this agreement shall be July 1, 2008 to June 30, 2009. 4. The Arts Council and TCSD staff have developed goals and objectives which are set forth in Exhibit A. The Arts Council is committed to implementing these Goals and Objectives and assisting the TCSD in implementing the City's Cultural Arts Master Plan. 5. The Arts Council will provide to the City of Temecula twenty (20) complimentary tickets to the Mayor's Ball for the Arts event. The TCSD may at any time, for any breach of this Agreement, suspend C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886028.doc or terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten (10) days prior written notice. If the breach is corrected during this ten-day period, TCSD may, in its sole and exclusive discretion, rescind the termination. If the TCSD suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Arts Council shall make available to the TCSD its books, records and financial documents in such form as to allow TCSD to verify Arts Council's compliance with the terms of this Agreement. 7. The Arts Council agrees to defend, indemnify, protect and hold harmless the City, TCSD, its officers, officials, and employees 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 Arts Council'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 attributable to the active negligence of the City. 8. Arts Council shall procure and maintain, or shall have provided on its behalf, for the duration of fiscal year 2008-2009 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the Arts Council, its agents, representatives, or employees. 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 o r 88. (2) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Workers Compensation Insurance shall not be required if the Arts Council has no employees. 88 (3} Insurance Services Office Liquor Liability form No. CG 00 01 11 85 or b. Minimum Limits of Insurance. Arts Council shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. (2} Workers' Compensation as required by the State; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (3} Liquor Liability: One million dollars ($1,000,000} per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles orself-insured retentions must be declared to and approved by the City Manager. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886028.doc d. Other Insurance Provisions. The general liability policies shall contain, or be endorsed to contain, the following provisions: (1} The City, TCSD, 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 Arts Council; premises owned, occupied or used by the Arts Council; or automobiles owned, leased, hired or borrowed by the Arts Council. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2} Far any claims related to this Agreement, the Arts Council's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance orself-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Arts Council'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 Arts Council's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5} Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6} If insurance coverage is cancelled or, reduced in coverage or in limits the Photographer shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best'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 Coverage. Arts Council 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 Arts Council's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 9. Arts Council is and shall at all times remain as to the City and TCSD a wholly independent contractor. The personnel performing the services under this Agreement C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886028.doc on behalf of Arts Council shall at all times be under Arts Council's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Arts Council or any of Arts Council's officers, employees or agents, except as set forth in this Agreement. Arts Council 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. Arts Council shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 10. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Arts Council: Arts Council of Temecula Valley P.O. Box 2337 Temecula, California 92593 Attention: Executive Director 11. The Arts Council shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City or TCSD. 12. 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. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886028.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero President Attest: Susan Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney ARTS COUNCIL OF TEMECULA VALLEY, a California non-profit corporation 28481 Rancho California Road, Suite 110 P.O. Box 2337 Temecula, CA 92593 951-695-2787 Shelia Ryle President Ruth Hobbs Executive Director C:\Program Files (x86)\Neevia.Com\Document Converter\temp\886028.doc THE C O U N T C I LLJJI OF TEMECULA VALLEY RE: ECONOMIC DEVELOPMENT FUNDING PROGRAM FOR PROFESSIONAL ORGANIZATIONS 2008-2009 BOARD OF TRUSTEES Melody Brunsting Vicki Cochetas Patricia Egan Mickie Evans Emmilie Lynn Cami McCorkle Sheila Havens Ryle Solange Sheppy ADVISORY BOARD Jim Meyler Stewart M. Morris, Jr. Karen Parrott Alicen Wong Chuck Washington EXECUTIVE DIRECTOR Ruth H. Hobbs DIRECTOR OF FUNDRAISING & DEVELOPMENT Sonny Smith DIRECTOR OF PROGRAMS &EVENTS Catherine Smith ARTS COUNCIL OF TEMECULA VALLEY 28481 RANCHO CALIFORNIA ROAD SUITE 110 TEMECULA, CA 92590 MAILING: P.O. BOX 2337 TEMECULA, CA 92593 PHONE: 951.695.ARTS FAX: 951.695.9438 info@a rtsi ntheva I ley. org www. a its i nth eva I I ey. o rg The Arts Council of Temecula Valley, in addition to 2007-2008 list of accomplishments enclosed, will support the development of a variety of new activities in the Valley. This policy describes how the Council will manage its commitment to the City and the people of Temecula. The Arts Council will increase its cultural development role through this 2008-2009 grant cycle. The Council will promote the development of a range of new events which will: • contribute to economic benefit for the Valley and/or • raise the profile of the City as a vibrant and interesting place to live in and visit The Council will do this by: • developing an °Art After Dark" Old Town Temecula art walk • continuing to research the development of an artist's cooperative in Old Town • procuring classroom space for year round after-school art activities • providing an increasing number of activities that will involve young people and/or at-risk youth • increasing the use and development of tourism facilities • increasing the number of performance and display venues for youth • exploring opportunities for public art • working with local businesses to secure gallery space • working with local businesses to create internships and thus increase the employability skills of Temecula's youth • where relevant, building community awareness of issues and opportunities relevant to the community's future As a public body we are dedicated to rigorous standards of excellence, commitment to learning and to working in partnership with others. We strive to be open and equitable in all our work and mindful of our social responsibilities. Our philosophy is to contribute to the local community's cultural development by creating, developing and presenting quality arts products and services to the population and by nurturing and supporting the growth of Temecula Valley's Arts industry. Inherent in the pursuit of this philosophy is the recognition of the significant role and influence the Arts exert, economically, socially and educationally. When we open our newspapers each morning we read of teacher layoffs and possible school closures. Each day the the Council receives requests for assistance and each day, as the requests spread more distant from our area of service. We have, regretfully, turned worthy organizations away. During this time of economic slowdown there is more demand an shrinking public funds. There are certainly tough choices ahead for cities and the arts community. It is our ultimate goal to work in partnership with the City Government and the community at large to contribute resourcefully to riding the wave of this recession. The Arts Council greatly appreciates the past support of the City of Temecula. We will work toward creating a city where art will be accessible to everyone. Thank you again for your support. Sincerely Ruth Hobbs Executive Director ENC. 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J ~• ~ ~ ~ ~ V Q ~ > o W ~ ~ N (A W •N C v • v H N O O i 'i LL •~ O O o ~~ ~ N ~ } W~ ~ ~ ~~ ~ ~ _ ~ ~ ~ ~ C~ u~i a U "~ - ~ ~ a~ ~ ~ ~ a~ ~ i ~ ~ ~ ~ ~ U ~ O V O D U ~/ N (C ~ ~ ~ O - t~ ~ i +r fA O O N ..~. CO •~ Q ~ ~ O N W ~ ~~ ~ O O fQ _ ~ >+ O O O ~ O O H O O ~ ' ~ O O ~ ~ J ~ W ~ ~ V U ~ cu ~ ~ ~ ~ o u~ u~ a ~ ~ o W • _ O ~ ~ QQ .~ c W N 'i N ~~ N D~ N 2 O L C C 'C ~ O ~ a a~.N ~ ~~ ~ ~i~ ~ J Z3 O +N- +~ +O. Z3 •C ~ ~ a ~ ~ ~ •N N N •~ ~ ~ •~ ° O ¢a N c N N Qa O ~ "~ ~ o ~ O o c 7 ITEM N~}. 31 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 24, 2008 SUBJECT: Margarita Officials Association Agreement PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approves an Agreement between the Temecula Community Services District and Margarita Officials Association to provide adult softball league and tournament officiating services in the amount of $40,000. BACKGROUND: The Community Services Department offers year-round adult softball league and tournament playas part of the City's sponsored sports program. This increasing popular adult sports program is offered at Patricia H. Birdsall Sports Park and currently attracts over 250 teams annually and the number of games played overall exceeds 1,100. Due to the increase in overall population and the demographic changes with aging adults, staff will offer a new senior adult softball league during FY2008/2009. This program will be attractive for active senior's ages 55+ who wish to participate in organized softball play. Margarita Officials Association has over forty years of professional experience in providing officiating services throughout southern California. In addition, they have a proven record in providing outstanding officiating support and customer service to the City of Temecula for the past seventeen years. Officiating service fees are offset by league registration fees. FISCAL IMPACT: The cost necessary to provide professional officiating services for FY08-09 is $40,000, and is currently budgeted in 190-187-999-5250. League registration fees will offset the cost for these services. ATTACHMENTS: Agreement AGREEMENT BETWEEN MARGARITA OFFICIALS ASSOCIATION AND THE COMMUNITY SERVICES DISTRICT, TEMECULA, CALIFORNIA This Agreement is made and entered into as of June 24, 2008 by and between the Temecula Community Services District, Temecula, California {"District"}and Margarita Officials Association ("Association"}. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM OF AGREEMENT. The terms of this Agreement shall be in force commencing July 1, 2008, and terminating June 30, 2009. This Agreement is subject to prior termination as set forth in paragraph 8 below. 2. RESPONSIBILITIES OF THE ASSOCIATION. The Association shall be responsible for assigning Qualified Officials for all scheduled TCSD softball games in accordance with Exhibit A, Scope of Work, and the following provisions: a. "Qualified Officials" are those softball officials who (i}are registered umpires with Amateur Softball Association; and {ii) maintain general liability insurance with a qualified and reputable insurer of not less than $1,000,000 per occurrence for bodily injury, death and property damage naming the District and the City of Temecula as additional insureds; b. Within five business days of the date of this Agreement, Association shall provide TCSD with a list of the Qualified Officials it will draw from in making assignments and a certificate of insurance from each such official to be approved by the Director of Community Services and Association shall update the list and the certificate of insurance each time a new official is added; c. Association shall assist the District in handling protests including, but not limited to, representing the official{s} at protest meetings, as required; d. When a grievance has been filed with Association, the Association shall notify the District in writing not more than five {5) days after the grievance is filed with the Association and provide a copy of the grievance; and e. Association shall be responsible for providing, maintaining, and repairing the equipment, materials, supplies, and similar items, necessary for the proper conduct of the officiating to be performed. 3. RESPONSIBILITIES OF THE DISTRICT. a. The District has the right to refuse the services of any Association official, with or without cause, provided the District notifies the Association of its decision and Association shall not assign any such official to District games; b. The District shall provide fields in playable condition and set up necessary equipment for games. c. The District is to provide the Association with a copy of all by-laws and rules unique to the conduct of their games. 4. COMPENSATION. The District shall pay to the Association the fees set forth on Exhibit A., Scope of Work. Billing by the Association shall be made to the District monthly, in writing, for all games played the previous month. The fees are payable to the Association no C:\Program Files (x86)\Neevia.Com\Document Converterltemp1885698.doc later than thirty (30) working days from receipt of the billing. Association shall be responsible for paying all wages, taxes and other compensation, if any, of the officials and shall defend, protect, indemnify and hold District harmless from any claim far such payments. 5. SCHEDULING. The District shall schedule all games as to the time and location. A complete schedule of games shall be furnished to the Association in sufficient time as to allow for scheduling of officials. When a game is rescheduled or canceled after notification, the Association shall be apprised at least three {3) hours in advance. If this time frame is not met, the District shall pay all fees due as if the game was played. 6. FORFEITURES. CJfficials shall appear at the game site at least fifteen {15} minutes prior to the scheduled starting time. Should officials fail to appear far a game, when properly notified, the Association shall forfeit the fee in the amount of $30.00 for each official who did not show. Games not played due to the nonappearance of one or both scheduled teams, inclement weather, or other misfortune will be paid for by District at the rate of $35.00 per official, provided an officials} is present. Should a game in progress be canceled or terminated far any reason, the District shall pay all fees due as if the game was played. 7. PROTESTS. Should an official, far any reason within his/her control, cause a game to be protested, the Association shall submit a verbal report to the District of the circumstances on the following day and a written report shall be provided, if required, within five {5} days. C?fficials shall be provided by the Association, at no cost to the District for any rescheduled game resulting from a protest that is upheld. S. TERMINATION. This agreement shall terminate on the prescribed date. Either party retainsthe right and option to terminate this Agreement priorto such date forany reason upon fifteen {15} days prior written notice to the other. 9. ASSIGNMENT. Neither District nor the Association shall have the right or power to assign or transfer this Agreement, or any interest in it, without the written consent of the other. 10. PERFORMANCE. Association shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Association shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Association hereunder in meeting its obligations under this Agreement. 11. INDEMNIFICATION. The Association agreesto defend, indemnify, protect and hold harmless the District, 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 District, City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to ar death of persons, or damage to property arising out of Association'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 negligence of the District. 12. ASSOCIATION INSURANCE. The Association 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 Association, its agents, representatives, or employees in an amount of not less than one million dollars ($1,000,000.00} naming the City and the District as additional insureds with policies and insurers acceptable to the Director of Community Services. C:\Program Files (x86)\Neevia.Com\Document Converterltemp1885698.doc 13. INDEPENDENT CONTRACTOR. Association is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Association shall at all times be under Association's exclusive direction and control. Neither District nor any of its officers, employees or agents shall have control over the conduct of Association or any of Association's officers, employees or agents, except as set forth in this Agreement. Association 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 District. Association shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. 14. LEGAL RESPONSIBILITIES. The Association 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 Association shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Association to comply with this section. 15. 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: To City: To Association: City of Temecula Margarita Officials Association 43200 Business Park Drive P.O. Box 1291 Temecula, California 92590 Oceanside, California 92051-1291 Attention: Director of Community Services 16. GOVERNING LAW. The City and Association 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. 17. 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. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Association warrants and represents that he or she has the authority to execute this Agreement on behalf of the Association and has the authority to bind Association to the performance of its obligations hereunder. C:\Program Files (x86)\Neevia.Com\Document Converterltemp1885698.doc IN V1lITNESS 1NHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President Attest: Susan W. Jones, MMC, City Clerk/ Board Secretary Approved As to Form: Peter M. Thorson City Attorney MARGARITA OFFICIALS ASSOCIATION By C:~Program Files (x86}'Neevia.Com~Document Converterltemp1885698.doc Exhibit A The Margarita Officials Association agrees to: 1. Provide, on anon-exclusive basis, experienced and qualified softball officialsto officiate adult slow pitch softball league games and tournaments, on an as needed basis, forthe City of Temecula Community Services District at various District park facilities. The duration of the contract with the City will be June 24, 2408 through June 30, 2049 with an option to continue the Agreement for one year should both parties agree. 2. Provide appropriate scheduling and supervision for softball officials at all District leagues and tournaments. 3. Submit to the Recreation Supervisor, and keep current, a listing of names and phone numbers of its members. 4. Require all officials to purchase, maintain in good order and wear while officiating Temecula league and tournament games, the prescribed uniform and equipment to fulfill the terms of the contract. 5. Conduct on-site evaluations of officials to insure appropriate service and performance levels are maintained. Will periodically provide the Recreation Supervisor copies of evaluations. 6. Provide, at no additional cost to the District, representatives to attend any league organizational meeting as deemed necessary by the Recreation Supervisor, when sufficient notice of meeting is given. 7. Assist, at no additional cost to the District, in deliberating the outcome of protested games, as necessary. 8. Rotate qualified officials on a regular basis. The District has the right to refuse services (assigning/scheduling} of any member of the MOA when the District deems such to be in the best interest of the program. FEE PROPt~SAL A. Slow Pitch Softball Officiating Fee (1 umpire per game} $35.00 per game B. Slow Pitch Softball Administrative Fee None Total Per Game Cost $35.04 per game C. Slow Pitch Softball Tournament Fee (1 umpire per game} $35.00 D. Slow Pitch Softball Tournament Administrative Fee None Total Per Tournament Cost $35.40 x number of games played during tournament C:\Program Files (x86)\Neevia.Com\Document Converterltemp1885698.doc ITEM N~}. 32 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 24, 2008 SUBJECT: Securitas Security Services PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approves an Agreement between the Temecula Community Services District and Securitas Security Services USA Inc. to provide security services in the amount of $65,000 for FY2008-2009. BACKGROUND: During the course of the fiscal year, the Community Services Department utilizes security services for a variety of special events and at various park site locations, as necessary. Staff has identified ongoing security needs at the dog park at Redhawk Community Park and at Harveston Lake Park. Security services assist in monitoring parks and park use, security during set-up for special events and during events, securing park facilities as needed and helping enforce park rules. Securitas Security Services has provided outstanding security support services to the Temecula Community Services District over the past three years. They provide knowledgeable staff that is committed to good customer service. As a result, the Community Services District would like to continue to utilize Securitas Security Services to provide security services throughout the City as necessary. FISCAL I MPACT: The cost necessary to provide professional security services for FY08- 09 is $65,000, and is currently budgeted in 196-180-999-5250, 190-180-999-5250 and 190-183-999- 5370. ATTACHMENTS: Agreement NON-EXCLUSIVE AGREEMENT FOR SECURITY SERVICES BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND SECURITAS SECURITY SERVICES USA INC. THIS AGREEMENT is made and effective as of June 24, 2008, between the Temecula Community Services District ("District") and Securitas Security Services USA ("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2009, unless saonerterminated pursuantto the provisions of this Agreement. The District may, upon mutual agreement, extend the contract far two one (1) year additional terms. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index far all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly bythe United States Bureau of Labor Statistics (CPI), but in no event shall the Agreement be extended beyond June 30, 2011. 2. SERVICES. The Vendor understands this Agreement is non-exclusive and the District reserves the right to purchase similar services from other Vendors. Vendor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though setforth in full. Vendor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Vendor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The District agrees to payVendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Sixty-Five Thousand Dollars and No Cents {$65,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The not to exceed purchased amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in services. b. Vendor 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 General Manager. Vendor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Vendor at the time District's written authorization is given to Vendor for the performance of said services. c. Vendor will submit invoices monthly foractual 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 R:\crowej\AC:\Program Files (x86)\Neevia.Com\Document Converter\temp\885570.docgreements\Securitas Security all non-disputed fees. If the District disputes any of Vendor's fees it shall give written notice to Vendor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least ten (10) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends orterminates 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 pursuantta this Section, the District shall pay to Vendor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Vendor will submit an invoice to the District pursuant to Section 4. DEFAULT OF VENDOR. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Vendor is in default for cause under the terms of this Agreement, District 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 bywritten notice to the Vendor. If such failure by the Vendorto make progress in the performance ofwork hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor 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 Vendor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Vendor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by District that relate to the performance of services under this Agreement. Vendor 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. Vendor shall provide free access to the representatives of District or its designees at reasonable times to such books and records, shall give District the right to examine and audit said books and records, shall permit District 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 District and may be used, reused or otherwise disposed of by the District without the permission of the Vendor. With respect to computer files containing data generated for the work, Vendor shall make R:\crowej\AC:\Program Files (x86)\Neevia.Com\Document Converter\temp\885570.docgreements\Securitas Security available to the District, upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and hold harmless the District, City and/or Agency its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the District, City and/or Agency 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 Vendor's negligent or wrongful acts or omissions arising out of or in anyway related to the performance ornon-performance of this Agreement, excepting only liability arising out of the negligence of the District. 10. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder bythe Vendor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Vendor owns noautomobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Vendor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Vendor shall maintain limits na less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherfarm 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. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. Atthe option of the General Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the District, City and/or Agency its officers, officials, employees and volunteers; or the R:\crowej\AC:\Program Files (x86)\Neevia.Com\Document Converter\temp\885570.docgreements\Securitas Security Vendor 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 District, City and/or Agency its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the District, City and/or Agency its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, City and/or Agency its officers, officials, employees or volunteers shall be excess of the Vendor'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 District, its officers, officials, employees or volunteers. (4) The District'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 bythis Agreement shall be endorsed to state: Should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the District. (6) If insurance coverage is cancelled or reduced in coverage or in limits the vendor shall within two {2) business days of notice from the insurer phone, fax and/or notify the District, via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Vendor shall furnish the District with original endorsements effecting coverage required bythis 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 District. All endorsements are to be received and approved by the District before work commences. As an alternative to the Districts forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. R:\crowej\AC:\Program Files (x86)\Neevia.Com\Document Converter\temp\885570.docgreements\Securitas Security 11. INDEPENDENT CONTRACTOR. a. Vendor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither District nor anyof its officers, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor's officers, employees, or agents except as set forth in this Agreement. Vendor shall not at anytime or in any manner representthat it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except far the fees paid to Vendor as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Vendor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Vendor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees, shall not be liable at law or in equityoccasioned by failure of the Vendor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Vendor in performance of this Agreement shall be considered confidential and shall not be released by Vendor without District's prior written authorization. Vendor, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested bythe 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 ar court order shall not be considered "voluntary" provided Vendor gives District notice of such court order or subpoena. b. Vendor shall promptly notify District should Vendor, 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 ar with respect to any projector property located within the City. District retains the right, but has no obligation, to represent Vendor andlor be present at any deposition, hearing or similar proceeding. Vendor agrees to cooperate fully with District and to provide District with the opportunity to review any response to discoveryrequests provided byVendor. However, District's right to reviewanysuch response does not imply or mean the right by District to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. R:\crowej\AC:iProgram Files (x86)iNeevia.Com\Document Converter\temp\885570.docgreements\Securitas Security To District: Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Vendor: Securitas Security Services USA 28991 Old Town Front Street, Suite 206 Temecula, California 92590 15. ASSIGNMENT. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the District. Upon termination of this Agreement, District'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 Temecula Community Services District and the Vendor. 16. LICENSES. At all times during the term of this Agreement, Vendorshall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The District and Vendor understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the Temecula Community Services District shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the District that no officer or employee of the District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Vendor or Vendor's sub-contractors on this project. Vendor further agrees to notify the District 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 orwritten, are merged into this Agreement and shall be of no furtherforce 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. R:\crowej\AC:\Program Files (x86)\Neevia.Com\Document Converter\temp\885570.docgreements\Securitas Security 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Vendar 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 Vendorto 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. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney VENDOR Securitas Security Services USA 28991 Old Town Front Street, Suite 206 Temecula. California 92590 By: Name: Title: By:_ Name: Title: (Two Signatures of Corporate Officers Required For Corporations) R:\crowej\AC:\Program Files (x86)\Neevia.Com\Document Converter\temp\885570.docgreements\Securitas Security EXHIBIT A TASKS TO BE PERFORMED Security services as requested. The services may include but are not limited to the following: ^ Securing District property as necessary ^ Providing support to District staff in situations that involve securing an area ^ Security Services necessary at City-wide special events and programs ^ Security Services in emergency situations R:\crowej\AC:\Program Files (x86)\Neevia.Com\Document Converter\temp\885570.docgreements\Securitas Security EXHIBIT B PAYMENT RATES AND SCHEDULE Payment rates and schedule will be determined on an event by event basis. All rates must be pre- approved prior to specific event. ^ Rate of Pay is $17.50 per hour. ^ Vehicle Rental Rate is 125.00 per week ^ Overtime rate may apply as appropriate. R:\crowej\AC:\Program Files (x86)\Neevia.Com\Document Converter\temp\885570.docgreements\Securitas Security ITEM N~}. 33 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 24, 2008 SUBJECT: Project Funding for the Temecula Community Center Expansion Grading Project No. PW06-05 Phase 1 PREPARED BY: Bill Hughes, Director of Public Works Greg Butler, Deputy Director of Public Works Bill McAteer, Construction Manager RECOMMENDATION: That the Board of Directors approve an increase in contingency funds of $1,980.33 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $6,979.83. BACKGROUND: The Community Services District Board of Directors awarded a design contract to Meyer and Associates for the preparation of the master plan and construction documents for an expansion at the Temecula Community Center (TCC). During the development of the master plan, it was determined that the two historically significant structures, (the Escallier House and Barn), that presently occupy the future Old Town Civic Center site could be relocated to the southern-most part of the TCC site. To expedite this relocation, a grading contract was awarded separately to prepare the site. On April 8, 2008, the Board of Directors awarded a contract to Addison Equipment Rental for the grading of the TCC Expansion in the amount of $49,995.00 and authorized a contingency in the amount of $4,999.50, 10% of the contract amount for a total authorization of $54,994.50. During the course of grading operations; unstable soil was discovered and additional work was required to stabilize the building pads. The cost of this additional workwas $6,979.83, which is $1,980.33 above the 10% contingency; therefore additional funds in the amount of $1,980.33 are required to finalize this contract. FISCAL IMPACT: The Temecula Community Center Expansion is included in the FY 2007-2008 CIP and is funded through a Community Development Block Grant and Development Impact Fees -Quimby. With the requested increase in the contingency the total authorized for construction will be $56,974.83, which is comprised of the original contract amount of $49,995.00, the original 10% contingency of $4,999.50 plus the requested increase of $1,980.33. Adequate funds are available for this request in the project account, no. 210-190-197-5803. ATTACHMENTS: Location Map and Project Description r` rF .--~ ci w F ~o ~. ~Q w ~ ~ ~ h A V r E"~ .~ ~. ,~ ~ eC ~ O 't7 ti ~ 'Cf ~ 'd ~ cti ~ e.> O ~ ~ '~ 7-Y O .~ U a ~ v a~ s~ ~ a ~ ~... ~ ~ O ~ ~ U ti O .[~'' ~ ~~ ~ ~~ ~ ~' o `~ U ~ cci '.~ N ~ "~ N ~ ~ ~ ~ .a O `~ .~ ~ ~ ~' C~. ~ y ~~--o . ~ cn c~a ~ ~T'1.. U O ~ 0 i ~' 4R'-.fie d' U vi 6. }' ~ OA O vMi p. ~ ~ ~ U ~~ ¢~ k U d ~k ~L U ~, A a 0 G~ _O N O z O U '¢ I N U .~ C1} 11S Q d U a~oocnooc~~ o~;~nooooo~ H~roo~oo~r of O O ~ o O .~ vt L" ti M ~ ~ ~ ~ ~ {~ ~ ~"' N ~ 6A bR ti3 bFi 5A ~ N ~--t C N r-t r-t i C O N ~ ° o *" o ' ~ °o ~ N .~ W ~.. ~ O ~ ~ 0 ~ CO~t ~. N U O ~ '~ 'z7 N v '~ ~. CJ ~ "~ ~ ++ 3 ~ ~ ~ U ~ U A e~ N ~ ~~,, v° U .~ Q4 .~+ H Ot Q O M O O N V'1 O O Q Q Q W ~ o o ~ o o ~t ~ ~ n ~ o ~ ~ +--~ N 5A bA 64 69 ba 6R3 69 ,--~ t~ CO N N N N ~~ .~ .~ ~~ 0 . w ~ ti .~ •~ ~ ~ ~ ~ ~. ~ ~ ~ ~, ~ ~ ' ~ ~ ~ ~ ~' U ~. Vi S t~A i"' i~, N ~. v~E~ 0 0 0 0 0 °a 00 0 00 n ~ ~ ~ IN 69 bf3 ~ EA I~ ,J o~ ~a N ~ ~w ~" U O ~ ~' ~ 'G a w ~ ~ CG ~aH ~+ w t~ V }r '~ c W N .»+ TCSD DEPARTMENTAL REPORT ITEM N~}. 34 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 24, 2008 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Redhawk Parks Improvement project is currently in the design development stage. Staff met with the design consultant at the beginning of June to review the design development packet and 50% submittal. Staff is working with the various utility companies to secure will serve confirmation for the sites. The Phase 1 project includes improvements to Redhawk Community Park and Redhawk Dog Park. This project will include a restroom facility, ADA improvements, turf and irrigation modifications, half-basketball courts, and a permanent dog park which includes water fountains, picnic tables, ornate fencing, landscaping and concrete walkways. The Escalier House and Barn have been relocated as part of the Temecula Community Center (TCC) expansion project and specifications are being reviewed by the Economic Development Agency (EDA). Construction plans have been completed and as soon as we receive approvals from the EDA we will be out to bid on the expansion project. The Community Services Department, in conjunction with the Public Works Department, has completed the design for the Murrieta Creek Multi-Purpose Trail project. Aground breaking ceremony was held on March 18, 2008 and construction is underway on this project. Improvements will include multi-use trails, picnic areas and landscaping improvements. On May 31St, the City of Temecula Community Services Department held their first Community Services Expo. This event took place on Saturday, May 31St from 10:OOam to 2:OOpm at Temeku Hills Park. The Community Services Department offered residents an opportunity to pre-registerfor classes and activities, while many of the activities, programs and facilities the Community Services Department has to offer. Staff estimates 2,000 were in attendance. The 2008 Summer/Fall Guide to Leisure Activities was mailed to all Temecula residents this month. The recreation brochure features over 250 different classes, several special events and information on all of our recreation and community facilities. The brochure is a well received publication and many of our classes and activities are sold out. The Recreation Division is currently planning and programming for all the summer activities including summer aquatics, summer day camp, S.M.A.R.T., F.A.M., the July 4~" Extravaganza, the Summer Sunsets Film and Concert Series, the Aglow in the Park and more. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the 2008 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line-up. In addition to classes and activities, there are many special events including theater performances, excursions, etc. 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, 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 City-wide special events. REDEVELOPMENT AGENCY ITEM N~}. 35 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JUNE 10, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:55 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts ABSENT: 0 AGENCY MEMBERS: None. Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No public input. RDA CONSENT CALENDAR 25 Minutes RECOMMENDATION: 25.1 Approve the minutes of May 27, 2008. MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency Member Edwards seconded the motion and electronic vote reflected approval with the exception of Agency Comerchero who abstained. RDA BUSINESS 26 Review and Adoption of the FY 2008-09 Annual Operating Budget (RDA) RECOMMENDATION: 26.1 Adopt a resolution entitled: RESOLUTION NO. RDA 08-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS R:\Minutes1061008 By way of PowerPoint Presentation, City Manager Nelson provided a brief staff report on the Annual Operating Budget, highlighting the main components as follows: • Total Projected Revenues $19,135,541 • Total Proposed Operating Expenditures $28,569,466 o Facade Improvements {$80,000) o Debt Service Increase of $737,687 due to issuance of 2007 RDA Tax Allocation Bonds o $1.6 Million First-Time Homebuyer Program o $208,350 Old Town Promotions MOTION: Agency Member Edwards moved to approve staff recommendation. Agency Member Washington seconded the motion and electronic vote reflected unanimous approval. 27 Review and Adoption of the FY 2009-13 Capital Improvement Budget for the Redevelopment Agency (RDA) RECOMMENDATION: 27.1 Adopt a resolution entitled: RESOLUTION NO. RDA 08-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2008-09 City Manager Nelson, by way of PowerPoint presentation, provided a review of the RDA Annual Capital Improvement Budget, highlighting on the following main components: • Old Town Infrastructure Street Improvements • Old Town Infrastructure Underground Utilities • Old Town Infrastructure Town Square • Old Town Infrastructure Parking Structure • Auto Mall Sign • Redevelopment Affordable Housing o $8.7 Million for Various Housing Projects o $200,000 Residential Improvements Program MOTION: Agency Member Comerchero moved to approve staff recommendation. Agency Member Edwards seconded the motion and electronic vote reflected unanimous approval. The City Council commended staff with respect to the financing portion of the Operating Budget. RDA DEPARTMENTAL REPORT No reports at this time. R:\Minutes1061008 2 RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. RDA ADJOURNMENT At 8:15 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 24, 2008, at 5:30 p.m. for Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City ClerklAgency Secretary [SEAL] R:\Minutes1061008 3 RDA DEPARTMENTAL REPORT ITEM NCB. 36 Approvals ~Q City Attorney s~~~ Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: June 24, 2008 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency has issued a Request for Interest to select a preferred development partner. Initially six firms were interviewed and a second round of interviews took place in early April. Council and Staff have heard presentations from the two finalists. A site visit was also conducted. It is anticipated that an Exclusive Negotiating Agreement with a preferred developer will be brought to the City Council in the next 30 - 45 days. Facade Improvement Program The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2007-08. The following facade improvements are in process or recently completed: Palomar Hotel - Paint Exterior, New Windows and Doors La Menagerie - Design and Install Sand Blasted Wood Signs The Bank of Mexican Faod - Paint Exterior Door & Window Frames Butterfield Square - Paint Exterior European Living - New Signs HOUSING Housing Element Update The Agency is assisting with the Planning Department's Housing Element Update. The Housing Element is a chapter of the City General Plan and is required to be updated every 6 years. The Housing Element provides goals and policies for meeting the projected housing needs within the City. The City received comments back from Housing and Community Development {HCD) and updates and revisions are being made to address the concerns of HCD and bring the Housing Element into compliance with State Housing Law. Diaz Road Exclusive Negotiation Agreement The Agency issued a Request for Interestto select a preferred development partner for the 30 acre site located on Diaz Road. Seven firms have responded. The Agency is negotiating an Exclusive Negotiating Agreement (ENA) with a preferred developer. Dalton III Mixed On March 28, 2006 the Council approved an Owner Participation Agreement with the D'Alto Partners to build amixed-use affordable housing project. The project consists 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. The Residential units have been occupied. The Warehouse at Creekside The Agency is currently working with Bill Dalton on a new development on 3rd Street in Old Town. The proposed development includes 32 units of affordable housing and 3500 square foot ground floor of commercial. The project includes 1 dedicated parking space for each residential unit. First Time Homebuyers Program The Agency is currently evaluating the economic feasibility of the program. An increase in the budget for this program is being considered and is awaiting approval as part of the fiscal year 2008- 2009 budget. Residential Improvement Programs The program budget for FY 07-08 is $230,940.17, with $36,950 funded on 16 units. The amount available to each participant is $7,500. OLD TO1NN PROMOTIONSIMARKETING Farmers Market On November 6t",the City Council approved the Second Amendment to the License Agreement with Farmer's Market Management Inc. {The Cunninghams). Since November 10, 2007 staff has conducted seven (8) surveys revealing an average of 34 farmers, 23 retail vendors, 23 food vendors and 7 Old Tawn merchants per week. Old Town Marketina and Promotions In response to the merchant's request to be more involved in marketing and promotions in Old Town a public meeting was held in which it was determined that a working group of key stakeholders including the Chamber of Commerce, Convention and Visitor's Bureau, The Downtown Association and the Old Town Temecula Business Association be established. The purpose of the working group is to re-evaluate the marketing program for Old Town. This working group meets every 3 weeks. The Group has been evaluating upcoming Western Days and Street Painting Festival events and is considering ways to expand both events. This year's Western Days will include a Chili Cook-off and the Street Painting Festival will include a Plein Air Art Competition. Old Town Trolley In an effort to alleviate the impacts of the construction on Mercedes and Main Streets, the City implemented a pilot program to provide a free horse drawn trolley on Saturdays from 8 a.m. to 2 p.m. Beginning Saturday, May 17, the Trolley will run along Old Town Front Street from the Stampede Parking lotto 6t" Street. The Trolley has been averaging approximately 250 riders per day. Western Days Western Days was held in Old Town May 17 & 18, 2008. This year, the event featured a Chili Cook Off on Sunday, May 18. Old Town Temecula's Gun Fighters hosted a competition between Southern California gunfight clubs both days. At high noon both days the Temecula Gunfighters treated the crowd to a comical bank robbery featuring dozens of bad guys in a final shoot out with the sheriff and his posse. Gunfight shows and competitions were held hourly at the corner of Fourth and Front Streets. Live western music, a working blacksmith, pony rides and stagecoach rides were part of the Old West fun. Pony rides and stagecoach rides were available for a minimal fee. Street Painting Festival Muralists and visual artists will join on the streets of Old Town Temecula during the eighth annual Old Town Temecula Street Painting Festival June 28 and 29. During the weekend over100 artists will paint murals on the asphalt of Temecula. Utilizing pastel chalk, these muralists and master painters will recreate old masters paintings, originals and modern art in a unique performance of art experience. While the artists are painting asphalt, plein air artists will be recreating scenes on canvas around Old Town Temecula during the Ralph Love Plein Air Festival. A new addition to the Street Painting Festival, the Plein Air Festival will be on Friday and Saturday, with awards and auction Saturday night. Street Painting awards will be given on Sunday at 3:30 after the last mural is completed. Professional artists from cities throughout Southern California will paint many of the estimated 300 murals on the asphalt of Old Town Temecula's streets. This year's featured artistwill be 20-year-old Hannah Tawater of San Diego. Tawater won the 2007 Best of Show far her 10-foot by 12-foot portrait titled "Carol and Clark." Plein Air artists will vie far a best of show and purchase award. Organized by the Arts Council of Temecula Valley, the Plein Air applications are available at www.artistinthevalley.org. While professional and amateur artists spread a palette of color and artistic culture, multi-cultural bands will play along the walkways. Music includes Javid Flamenco Guitar, Duchicelas Pan Flutes, Older Than Dirt Band, and Menifee Campus Jazz Ensemble. Other upcoming events will include Hot Summer Nights beginning July 11 through August 29 . v ~awars a~ V ~ ~ i ~ i i.~i •J. i.~ V V 1i~1 ~,>~ ~, ~~~ ,~,~ . .~, ` ~-~ ~i : ti;~~~: _ ~E :~ ._ . - Saturday d~c Sunday x~~~. ~~ -~ Ma ~ Z tic ~ 8 - Y 11 a.m. to 5 p.m. High Noon Shoot Out ~f ~• F~ presented by the Old Town Temecula Gunfigthers ~~~ ~ These zany gunslingers try to Rob The Bank ~- , a ,# ` ~:~~, at Front and Main Wild West and Gunfight Skits s 4:.. ``'~, Stagecoach Rides Saturday d~c Sunday 12:30-3:30 ~.~,,, . Calf Roping ~.~.~~~ .,. _ Lessons r ~~ With Jim Brooks 12-3 p.m. Each Day Pony Rides - ~ small fee hour beginning at noon MUSIC Satarday 12:30-3:30 Buffalo Sryan drc the Crosscountry Cowboys Sunday 12:30-3:30 Older than Dirt Pony Rides * Blacksmitls ICS Sanctioned Chile Cook Off Plus People's Choice Competition Sunday, May 18th 9 a.m. to 5 p.m. -w' '~ -,;~, ;~- i~* .^ ,,,.,.- ; 1~ .~. .~- ~ v June 28 & 29 , ~,~:~~~_ on the asphalt streets , ~~~~~,~ of Old Town Temecula t~~~,~=~` 10 a.m. #0 5 p.rn. `Artists startpainting at 7 a.m. Street Painting Awards Sunday 3 p.m, MUSICAL ENTERTAINMENT Saturday, :.-,~ ~. ~~>~ucn,~~ceua ti° ~> ion-call,(9,51),6781456- ~~acr:~emecula~alifornia.coln,4~ t ~~ ~~ ,, ~~ ~-~a , ~ i1~v5Tr1~S ~; PUBLIC HEARING ITEM NCB. 37 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: June 24, 2008 SUBJECT: Planning Application Numbers PA08-0081, Specific Plan Amendment to the Temecula Regional Center (TRC) Specific Plan and PA08-0003, Promenade Mall Sign Program PREPARED BY: Cheryl Kitzerow and Matt Peters, Case Planner(s) RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE PLANNING APPLICATION NUMBER PA08-0003, A SIGN PROGRAM FOR THE PROMENADE MALL MAIN STREET EXPANSION AND ENTRY UPDATES INCLUDING: ENTRY MONUMENTS, SITE DIRECTIONAL, MALL ENTRANCES, PARKING GARAGE DIRECTIONALS AND CAR COUNTERS, PARKING LOT DIRECTIONALS, DIRECTORIES, VALET, BANNERS, BLADE SIGNS, AND MAIN STREET TENANT SIGNS 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN (SP NO. 263) TO AMEND THE SIGN CRITERIA AND TO ALLOW DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 2 AND 3 LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NUMBER PA08-0081) BACKGROUND: On February 21, 2007 the Planning Commission approved Planning Application No. PA06-0293, a Development Plan to expand the Promenade Mall by 125,950 square feetwith an outdoor life-style main street shopping center consistent with square footage allowed in the Temecula Regional Center Specific Plan. This application also included a Conditional Use Permit to construct two parking structures. On January 7, 2008, Forest City submitted a Master Sign Program. The intent of the new signs is to replace the existing signs characterized by pinwheels and jazz instruments in primary colors with a more timeless and classical look highlighted by neutral colors, and a bronzelcursive "P"Promenade Mall logo. The applicant has described the new design theme as promoting "sophistication and elegance." The Sign Program provides for Sign Design Criteria for all monument and tenant identification signs for the Promenade Mall Main Street expansion, plus on-site vehicle and pedestrian directory signs. Each tenant on Main Street will be required to have a fascia and blade sign. Optional signs depending on architectural elements and applicability to each individual building facade include vertical marquee signs, canopy signs, wall mounted plaques, window graphics, awning graphics, and inlaid vestibule floor signs. Upon review of the initial Sign Program submittal, staff determined the proposed signage was inconsistent with the Temecula Regional Center Specific Plan No. 263, and a Specific Plan Amendment would be required. On March 28, 2008, Forest City submitted a Minar Specific Plan Amendment to modifythe signage criteria in the Temecula Regional Center Specific Plan. The changes include a request to increase sign heights from 12 to 23 feet for three entry monuments, increasing the allowable sign area for entry monuments and site directional monuments, allowing for new monument signs (secondarysite directionals, pedestrian freestanding directionals and wall mounted directionals), and off-premise signage on the new parking structures, not previously anticipated. Also included with the Specific Plan Amendment is a change to the allowable use matrix to permit "personal service establishments" {day spas) in Planning Areas 1 and 2 {consistent with the Development Code). The Infrastucture Beautification Committee (IBC) reviewed the proposed signage on April 8, 2008 and April 22, 2008, at which time they expressed their support far the proposal. PLANNING COMMISSION DISCUSSION: On June 4, 2008, the Planning Commission approved the request 4-0-1, with Commissioner Chiniaeff absent. There were no speakers in opposition to the request. ENVIRONMENTAL REVIEW: Staff has reviewed the project in accordance with the California Environmental QualityAct (CEQA) and based on an Initial Study, it has been determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared far the project. FISCAL IMPACT: None. The developer would pay for all costs associated with sign fabrication and installation. ATTACHMENTS: City Council Resolution -Sign Program City Council Ordinance -Specific Plan Amendment Planning Commission Staff Report RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE PLANNING APPLICATION NUMBER PA08-0003, A SIGN PROGRAM FOR THE PROMENADE MALL MAIN STREET EXPANSION AND ENTRY UPDATES INCLUDING: ENTRY MONUMENTS, SITE DIRECTIONAL, MALL ENTRANCES, PARKING GARAGE DIRECTIONALS AND CAR COUNTERS, PARKING LOT DIRECTIONALS, DIRECTORIES, VALET, BANNERS, BLADE SIGNS, AND MAIN STREET TENANT SIGNS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. That the City Council of the City of Temecula does hereby find, determine and declare that: A. On February 21, 2007 the Planning Commission approved Planning Application No. PA06-0293, Promenade Mall Expansion. B. On January 7, 2008 Kenneth Lee, representing Forest City Commercial Development, filed Planning Application No. PA08-0003, Sign Program in a manner in accord with the City of Temecula General Plan and Development Code {"Application"}. On March 28, 2008, Forest City submitted a Minor Specific Plan Amendment to modify the signage criteria in the Temecula Regional Center Specific Plan (Planning Application No. PA08-0081 }. C. The application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law. D. On June 4, 2008 the Planning Commission considered the Application at a duly noticed public hearing as prescribed by law, at which time the City staff and other interested persons had an opportunity to, and did testify in either support or opposition to this matter. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder. F. The City Council considered the Application on June 24, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. G. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application and Negative Declaration after finding that the project proposed in the Application conformed to the City of Temecula General Plan. Section 2. Further Findings. The City Cauncil, in approving the Application, hereby makes the following Findings as required in Chapter 17.28.080.8 of the Temecula Municipal Code: A. The proposed signs enhance the development, and are in harmony with, and visually related to all of the signs included in the Sign Program. B. All of the signs shall be included in the Sign Program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type, or sign shape; All signage proposed for the Main Street expansion and entry monument enhancements are included in the Sign Program. The Sign Program incorporates entry monuments, site directional, mall entrances, parking garage directionals and car counters, parking lot directionals, directories, valet, banners, blade signs and Main Street tenant signs. The sign types provide for visual interests and an upscale theme. C. The proposed signs enhance the development, and are in harmony with and visually related to the buildings and/or the developments they identify by utilizing materials, color, or design motifs included in the building being identified; The proposed monument signage incorporates the same architectural elements as the new building entries including, colors, materials, and the "P" Promenade logo. The wall signage is carefully placed to promote the business while maintaining the building's architectural style. D. The proposed signs enhance the development and are in harmony with and visually related to surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs; The surrounding development will not be adversely affected by the proposed signage. The proposed project is in the west central part of the City. Surrounding uses include varying densities of residential uses, commercial uses, industrial and office uses, and the 1-15 freeway. The proposed project is within the approved Temecula Regional Center Specific Plan area. Allowing new signs would not adversely affect the surrounding shopping centers or neighborhoods, or obscure any adjacent approved signs. E. The Sign Program accommodates future revisions which may be required due to changes in building tenants; The Development Code allows revisions to Sign Programs eitherby completing a Minor or Major Modification application to the original Sign Program. New signage or a change in signage will be permitted administratively bythe Planning Department. F. The proposed program satisfies the intent of the sign criteria in the Development Code, except that flexibility is allowed with regards to sign area, number, location, and height; With the approved Speci~rc Plan Amendment, the proposed Sign Program would be consistent with the sign standards listed in the Temecula Regional Center Spec//rc Plan while satisfying the applicant's request in sign variation in sizes, colors, and styles. Section 3. Environmental Compliance. Pursuant to California Environmental Quality Act ("CEQA"} City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment, as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. The City Council has reviewed the Negative Declaration, and based on the whole record before it finds that (1 } the Negative Declaration was prepared in compliance with CEQA; and {2} there is no substantial evidence that the Project will have a significant effect on the environment. Based on the findings set forth in this Ordinance, the City Council hereby adopts the Negative Declaration prepared for this project. Section 4. Sign Program. The City Council of the City of Temecula hereby approves Planning Application No. PA08-0003, Promenade Mall Expansion Sign Program as shown on Exhibit A. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2008. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PROMENADE SIGN PROGRAM CITY SUBMITTAL PACKAGE MARCH 24, 2008 FOREST C 1TY ~ ~ D E V E L O P M E N T Redmond Schwartz Mark Design All di~av~ings and~nritten material appearing herein constitute original and unpublished work of Redmond Sohmrartz Design Inc. and may not be used or disclosed without prior written crnsent of Redm and Sdiwartz Mark Design Inc. Cc~200$ Red~7u~nc~ Scfiw~rtz Mirk C)esigri Ir~c. • Redmond Schwartz Mark Design RSM Project Coordinators: DJ Thomas Harry Mark Stephanie Wills 160 Cabrillo San Clemente CA 92672 949.492.9479 Fax 492.2230 CONTACTS Developer: Forest City Commercial Development Maggie Xu Kenneth Lee 949 S. Hope Street, Suite 200 Los Angeles, CA 90015 213-416-2288 Architect: F & A Architects David Bucher 465 N. Halstead St, St 101 Pasadena, CA 91107 62b-351-2500 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Design Inc. and maynot be used or disdosedwithout priorwritten consent of Redmond Schwartz Mark Design Inc 02008 Redmond Schwartz Mark Design Inc. TYPE NAME QTY. ELE{. ILLUM. DES(RIPTI4N MO(R•UPS REO`D/APPROVED PRIORTO fABRI{ATION Al MAJOR ENTRY MONUMENTATION 3 YES INTERNAL 19' WIDE X 23` HIGH X 3' DEEP STONE (LAD CONCRETE STRUCTURE-SIGN [ABINET REAR ILLUMINATED LETTERING, HALO ILLUMINATED PROJECT LOGO A2 REGIONAL (ENTER MONUMENTATION 1 VES INTERNAL 22' WIDE X 12' HIGH X S' DEEP STONE (LAD CONCRETE STRUCTURE-REAR ILLUMINATED LETTERING, HALO ILLUMINATED PROJECT LOGO A3 MINOR ENTRVMONUMENTATIDN {WJfHEATERMARQUEE} 1 YES INTERNAL 2b` WIDE X 23` HIGH X 3' DEEP STONE (LAD CONCRETE STRUCTURE-SIGN (ABINET REAR ILLUMINATED LETTERING, HALD ILLUMINATED PROJECT LOGO, MOVIE MARQUEE LIST A4 MINDR ENTRY MONUMENIATION 1 VES INTERNAL 1 ~` WIDE X 22' NIGH X 3' DEEP STONE (LAD (ON[RETE STRUCTURE-SIGN (ABINET REAR ILLUMINATED LETTERING, HALO ILLUMINATED PROJECT LOGO B SITE DIRECTIONAL S YES INTERNAL 13' WIDE X 5' HIGH X 2' DEEP STONE CLAD CON(RETESTRUCTURE-INTERNALLY ILLUMINATED MESSAGE PANELS, HALO ILLUMINATED PROJECT LOGO ( SECONDARY SITE DIRECTIONAL S YES INTERNAL S' WIDE X S' NIGH X 2' DEEP STONE CLAD CONCRETE STRUCTURE-INTERNALLY ILLUMINATED MESSAGE PANELS 6 BUILDING ENTRANCE -FACIA 4 YES INTERNAL 20' WIDE X 2' HIGH INTERNALLY ILLUMINATED REVERSE CHANNEL LETTERING ON ALUMINUM RACEWAV,11' HIGH PROJECT LOGO DDl BUILDING ENTRANCE- IARGECANOPY 1 YES INTERNAL 30` WIDE X 2' HIGH INTERNALLY ILLUMINATED REVERSE fHANNEL LETTERING ON ALUMINUM RACEWAY DD2 BUILDING ENTRANCES -SMALL CANOPY 1 YES INTERNAL U"-b" WIDE X 1'-S"HIGH INTERNALLY ILLUMINATED REVERSE CHANNEL LETTERING ON ALUMINUM RACEWAY E PARKING LOTAREA IDENTITY 3O* ND AMBIENT 3' WIDE X 3' HIGH ALUMINUM PLATE PANELS, 2 PER LOCATION, POLEMQUNTED f ENTRANCE IDENTITY 6 YES INTERNAL 3' WIDE X 3' HIGH ALUMINUM PANELS WITH RETURNS, PUSHED THRU ACRYLIC GRAPHICS, INTERNALLY ILLUMINATED G PARKING GARAGE DIREtTIONAIS 2 YES INTERNAL 3' WIDE X 11' HIGH X 1` DEEP INTERNALLY ILLUMINATED MESSAGE/ARROW, UPLIGHTEQ "P" J DIRECTORY 4 YES INTERNAL 4' WIDE X 4' HIGH X 1' DEEP STONE CLAD [ONCRETESIRUCTURE-INTERNALLY ILLUMINATED DIRECTORY CABINET, SURFACE APPLIED NON-ILLUMINATED PROJECT LOGO JJ DIRECTORY W/ PARKING DIRECTIONAL 2 VES INTERNAL 4' WIDE X 9' HIGH X 1' DEEP STONE (LAD [ON(RETESTRUCTURE-INTERNALLY ILLUMINATED DIREQORY (ABINET, SURFACE APPLIED NON-ILLUMINATED PROJECT LOGO K FREESTANDING DIRECTIONAL S YES INTERNAL 3'-b" WIDE X 11'HIGH X 3' DEEP INTERNALLY ILLUMINATED MESSAGE PANELS L WALLMOUNTED DIRECTIONAL 3* VES INTERNAL 3'-b" WIDE X 1'-b" HIGH X b"DEEP INTERNALLY ILLUMINATED MESSAGE PANELS N STREET SIGN 12* NO AMBIENT 2" WIDE X B'-6" X 6" 6EEP HIGH PAINTED METALSIGN P VALET IDENTITY 2 NO AMBIENT 6' HIGH X 2` WIDE PORTABLE ALUMINUM SIGN Q SERVICE AREA IDENTITY 7 NO AMBIENT 2'-2" WIDE X P-6"HIGH PAINTED ALUMINUM PLATE R BANNER 128* NO AMBIENT 2'-b" WIDE X 6'-0" fOMPUTER OUTPUT ATTACHED EXISTING BANNER BRACKETS (4 FAMILIES OF 32) S ENTRANCE DOORS 28* NO AMBIENT 6' WIDE X 8' MULTIPLE fOLORED VINYLS APPLIED TO ENTRANCE DOORS pA PARKING GARAGE ENTRANCE IDENTITY 4 VES INTERNAL 2'-2" WIDE X 1'-b"DEEP PAINTED ALUMINUM STRUCTURE SURROUNDING EXISITNG PARKING PORTAL WITH 1'-b"PUSHED THRU A(RYLI(LEiiERING pC PARKING GARAGE ENTRANCECLEARANCE BARS 8 NO AMBIENT 9'-0" WIDE X 8" HIGH X 2"DEEP PAINTED ALUMINUM STRUCTUREWITH APPLIED VINVLMESSAGING. ATTACHED TO SIGN iVPE (pA) pl PARKING CAPACITY ROADWAY SIGN 2 VES INTERNAL 2'-b" WIDE X R'-0" HIGH X 1'-0"DEEP PAINTED ALUMINUM TREESTANDING STRUCTURE WITH INTERNAL ILLUMINATION AND LED WITH (AR COUNTING ELEtTRONIfS pM PARKING CAPACITY MASTER SIGN -EAST 1 YES INTERNAL 2'-6" WIDE X 5'-0" HIGH X b"DEEP PAINTED ALUMINUM TREESTANDING STRUCTUREWITH INTERNAL ILLUMINATION AND LED WITH (AR COUNTING ELE[TRONICS pMM PARKING CAPACITY MASTER SIGN -WEST 1 VES INTERNAL 2'-b" WIDE X 3'-b" HIGH X b"DEEP PAINTED ALUMINUM TREESTANDING STRUCTUREWITH INTERNAL ILLUMINATION AND LED WITH (AR COUNTING ELE[TRONI(S * ESTIMATED QUANTITY FOR BIDDING PURPOSES; ACTUAL QUANTITY AND LOCATION TO BE DETERMINED All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. NOT INTENDED FOR CONSTRUCTION. ©20(33 Redmond Schwartz Mark Design Inc. MOfK-UP NOTES: 1 ~ full $ire, 2D, Movegble Mock-Up; 3M full (olar Priat On Plywood Bgckiag; On Site In bll ~otatioas 4. No Mock-Up Required 2. Partial 3D Working Mock-Up; Illumiaaied If Part Of Sign; See Area Indicated Oa Drawing $. full Siie 2D Black & White Prints Of All Type And/Or kons Required 3. full 3DWorkiag Mock-Up; Illuminated If Part Of Siga Sign Type Schedule DATE REVISED 12.14.x7 a~ .a4.as a3.24.a8 2.15 Sign Design Criteria The signs of the Prrnnenade in Temecula shall be unique, high quality and creatively integrated into the tenants storefront design Exterior Tenants must have a primary fasaa sign and secondary blade sign. In addition to these two signs, tenants are allowed to have additional signs. Signage located on the rear elevation of exterior spaces is prohibited, unless the tenant incorporates an entrance exclusively for public use ui that elevation. Service entries or exits are not considered public entries, therefore are prohibited from having primary Signage. Any signs fabricated and installed without prior approval in writing from the Landlord may be removed by the Landlord. All costs for removal, including but not limited to patch and repair of the building will be at the tenant's expense. Variations away from the Landlord's Signage criteria need approval from the Landlord prior to submitting to the City far permit. The maximum allowable square footage area of each sign is to be determined based on the lineal frontage of the storefront, the available display area, it's location in The Promenade in Temecula and the City of Temecula Signage ordinances. The maxunum sign area for each tenant shall be 1.5 square feet of aggregate total of all sign faces for each luieal foot of store frontage, but limited by the available display area and the maximum Signage size matrix. Primary signs are not to exceed 75% of the lease space. Optional signs shall be limited to three per tenant, if they the tenant does not exceed die maximum aggregate total of sign square feet allowed. Allowable Sign Types: Primacy Signage • Fascia sign {one sign required) o Reverse pan channel halo lighted individual duner~sional letters o Open-faced Channel letters with exposed neon o Dimensional letters, unth remote illumination Secondary Signage: • Blade sign {one sign required) o May be externally illuminated, if properly done o Layered or 3-dimensional Optional Signage: {choice of up to three optional signs) • Vertical Marquee signs • Canopy sign • Wall mounted plaques • Window graphics • Awning Signs • Inlaid entry vestibule floor signs • Operational signs 2.16 Sign Areas Copy area shall be computed by surrounding each graphic element with an eight point shape, calculating the area contained within the shape, and then computing the sum of the areas. Elements such as swashes, ascenders and descenders or other decorative touches may be exduded from the limits of the geometric shape and shall be excluded as part of the copy area. Letter height shall be deterrnu~ed by measuring the most consistent of a tenant's identity, inclusive of swashes, ascenders, and descenders. • All neon fasteners, tube stands, mounts, and crossovers are to be painted to match inside of channel letter form. • Letter channel returns are to be 4"maximum deep. • Top surface of neon is to be mounted flush wide front edges of returnu. • Clear plastic covers are notperrnittedbyLandlord Tenant Signage Size Matrix Fascia Signs Sign Letter Max Height 24" Sign Logo Max Height 28" Max Sign Neight, if letters stacked 36" Backer plate Max Sq ft. 20°~ larger overall max Blade Signs a sq ft Vertical Marquee Signs 30 sq ft Canopy Signs Sign Letter Max Height {stackin letters not allowed} 14" Wall Mounted Plaques 4 sq ft Window Graphics Sign Letter & Logo Max Height 8" Awning Slgns Sign Letter Max Height b" Operational Signs b sq ft total Inlaid Entry Vestibule Floor Signs"` 20 sq ft Max. Sign Area Calculation (Sign Area /Linear Store Front) 1.5 sq ft / 1 linear ft **Excluded from area calculation formula 2.11 Signage Details and Specifications Fascia Signs: Individualletters -Reverse channel-halo illumination • Reverse channel letters are to be of painted metal. • All seams are to be welded and ground smooth. • Channel depth to be no more than 4". • Letter channels are to be peg mounted typically one half of the chamlel depth, maximum from face of wall. • Peg mounts are to be threaded anchor bolts with round sleeves and are to be finished the color of the fascia. Individualletters - Open pan channel -exposed neon ilhimination • Open pan chamiel letter forms are to be of painted metal. • All seams to be welded and ground smooth. • Inside of channel letter forms ace to be painted a contrasting color from the building color. • Neon tubes are to be double row or adequate number of rows to illuminate channel form. DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Tenant Sign Criteria ©200 Redmond Schwartz Mark Design Inc. Individual letters -Remote illumination • Remote illumination to be provided by a separate light fixture(s) of a design that is complimentary to the overall sign design concept and the building architecture. • Fixtures with arm extensions or gooseneck extensions are encouraged • Exposed "Light-bars" are prohibited. Pre-manufactured light boxes are not allowed. Individual letters to be at least 1/2" thick metal. Letter thickness is subject to Landlord approval and based on thickness-to-height proportion. • Ifpeg-mounted, the individual letters are to be pegmounted minimum 11/2" from face of wall. • All light fixture designs are to be submitted to the Landlord for approval prior to purchase and installation. Blade Signs: A double-sided sign mounted perpendicular to the building facade and suspended on a decorative metal bracket, usually placed near the store-front entrances. • Each exterior tenant is required to have one double-faced hanging sign per building entrance. • The creative use of logo shapes is encouraged in the design of the blade sign. • Tenants are encouraged to utilize a variety of colors and graphic elements alongwith typestyle to create a whimsical and energetic signing solution. Painted flat forms layered to give a 3dimension>al effect are encouraged. • Blade signs are to be fabricated of painted metal • Signs are to be wall mounted from a metal bracket. • Placement to be reviewed with consideration of all adjacent signs and light fixtures. • External illumination of blade signs is permitted, only if properly done. • Signs to be mounted with minimum of 8' of clearance from finished floor. • Signs to project a maximum of 4', inclusive of bracket. • Trade name or logo only, no taglines, slogans, or advertising allowed. Vertical Marquee Signs: Used only at specific locations to identify and emphasize visually prominent Tenants. In liglrt of the significant visual impact thatcan be received through such signs, the Tenant is required to provide a very high quality design and presentation to the Landlord for review and approval. Any additional strucbaral requirements need to be coordinated with Landlord at Tenant's expense. Vertical Marquee Signs may be mounted at a prominent comer of a Tenant building on the diagonal to provide visibility from several directions and shall be integral to building architecture. Views of the sign shall not be obstructed by awnings or other axclitectural elements. Such signs shall be at least 13 feet above finished grade and may extend as high as the top edge of the building parapet. The Landlord strongly encourages such sign types as: • Reverse pan channel letters and logos with halo illumination; • Open pan chamiel letters and logos with exposed neon illumination; • Letter and logo forms painted, gilded or screen printed onto a sign panel; • Three-dimensional artistically sculpted object signs; • Three-dimensional sign with internally illuminated component • Two-sided sign with exposed neon • Three-sided sign with exposed neon Canopy Signs: The nameand/or logo of the tenant maybe applied to a canopy with individual dimensional letters typicaIly resting on top of the canopy. • Letters to be non-illuminated. • Letters to be made of cut out metals, and must be at least'/z" thick • Canopy signs that are intended to be the Tenants primary sign may be sized pursuant to fasaa sign criteria, and maybe externally illuminated by a concealed light source. • Stacked letters are not allowed. Wall Mounted Plaque: • Wall mounted plaques with concealed fasteners or exposed fasteners designed as a feature treatment approved by Landord. • Allowable materials are cast metal, glass, or durable hard surface material. • Non-iluminated or externally uluminated only. • Location to be adjacent to entry doors. • No taglines, slogans, service or product descriptions allowed in text. Window Graphics: `~ • Only trade name or graphic logo may be used. Store description, advertisements, or tag lutes not allowed. • Metallic or colored tapes are not to be used. • The entire graphic to be mounted below 48" from finished floor. • All applied graphics to be adhered to interior side of glass. • Applied window graphics are to be submitted to the Landlord and approved in writing prior to uutallation • Applied window graphics are to have consistent text from window to window. Awnings Graphics: The name of the Tenant maybe applied to the awning valance, on the lower, vertical portion of the canopy only. Awning sigmge will not have any internal illumination. Letters are to be silkscreen, printed or sewn an the vertical surface of the awning valance only. Trade name and/or logo maybe on awning valance only. No tag lines, merchandise descriptions, services or advertisements allowed. Inlaid Entry Vestibule Floor Signs: A pattern, medallion, individual letters, or sign recessed into the floor, located solely within tenant lease line at the entry alcove of the store and integrated flush into the surrounding flooring system. • Signage is required to be within the Tenant's lease line and may not extend beyond the storefront. • Sign must be fabricated out of durable, non-slip materials Operational Signs: Operational signage indicating hours of operation, telephone numbers, specialty rules and regulations is speafic to each Tenant. No tag lines or slogans allowed. Maximum letter height of 3/4". Mounted to interior surface of glass, on or adjacent to entrance door and mounted no higher than fi0'. Total area of sign shall not exceed 6 square feet. Additional Signage Exit/Service doors to Tenant spaces throughout the Center shall have standard identification only, consisting of the Tenant name and the Tenant space address number. Such signs shall be famished and urstalledby the Landlord at the Tenant's expense. The Tenant shall not apply any other signage or wording to Exit/Service doors. Tenants shall be required to have an address indication at the storefront. Such signage shaIl be famished and installed by the Landord, at the Tenant's expense, to ensure consistency throughout the Center. DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Tenant Sign Criteria ©200 Redmond Schwartz Mark Design Inc. 2.18 Prohibited Signs The following sign types and finishes shaIl be prohibited at The Promenade in Temecula: • Illuminated sign boxes. • Signs with tag lines, slogans, phone numbers, service description, or advex1ising. • Signs made with plastic, Plexiglas,lexan, oracrylic, translucent or opaque. • Back plates behind signage are prohibited. • Monument style signage. • Temporary signage. • Signs located on the rear elevation. (except those signs provided by Landlord or customer pick-up~ • Internally illuminated canopies. • Signs with exposed raceways, conduit, junction boxes, transformers visible lamps, tubing, or neon crossovers of any type. • Rotating, animated and flashing signs. • Pole signs and other signs with exposed structural supports notintended as a design element except for code-required signs. • Pennants, banners, or flags identifying individual tenants. • A-framesandwichboatds. • Signs attached, painted on, or otherwise affixed to trees, other living vegetation, landscaping or natural materials. • Any sign designed to be moved from place to place. • Signs attached, painted or otherwise affixed to awnings, tents or umbrellas, however, such signs may be pemvtted in conjunction with special design reviewby the Landlord. • BaIloons and inflatable signs. • Any signs including freestanding signs advertising the availability of employment opportunities. • Signs which emit sound, odor or visfble matter or which bear or contain statements, words or pictures of an obscene, pornographic or immoral character. • Fluorescent or reflective sign colors. • Simulated materials, i.e. wood grained plastic laminate, waIl covering, paper, cardboard or foam. • Roof top signs. s . ~ I -- '/ /il .~y-., • DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc. and may notbe used ordisclosed without priorwritten consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. 2.19 Tenant Bulkhead Sign Examples Tenant Sign Criteria ©2008 Redmond Schwartz Mark Design Inc. 2.20 Tenant Blade Sign Examples 2.2'I Tenant Optional Sign Examples ~, ft ,ii.,,,,,,,,~,.,t„i,.,,~.. 2 ~ a h _ -,_,, 1 y ~~. -j ~ u.a ~~, e n~,~, -cur rw.uis r ~~ . ... ~' ~~ ~~ Design Objective • The primary objective of the sign design criteria is to generate high quality, creatve tenant signage. Tenants axe encouraged to combine a variety of materials, lighting methods, colors, typestyles, and graphic elements fox unique storefront signage at The Promenade in Temecula. • Signs may be located above ox adjacent to enteies or storefronts only; exceptions willbe considered fox comer tenants. • When the Tenant occupies a corner store location and there is a corner entry architectural feature, Tenant must locate primary identity over the corner entry. Vertical marquee signs axe encouraged. • AIl sign concepts are to be generated from "camera-ready" logo artwork prepared by a professional graphic designer, and submitted to the Landlord for approval prior to concept development of any sign. • Signs that incorporate creative logos or graphic elements along with the business identity are encouraged. • Store name to consist of "Trade Name" only as defined by the lease. Tag lines, bylines, merchandise or service descriptions are not allowed. • Signs, copy and graphic elements shallfit comfortably into sign area, leaving sufficient margins and negative space on all sides. WaIl signs shall appear balanced and in scale within the context of the sign space and the building as a whole. Thickness, height and color of sign lettering shall be visually balanced and in propox1ion to other signs on the building. In aIl cases, the copy area shall notbe larger than 2~3 of the available display area, and shaIl maintain a margin at least 6" from any edge of the sign area. • Dimensional letters and plaques shaIl be affixed without visible means of attachment unless attachments make an intentional design statement and are approved by the Landlord. All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc. and may notbe used ordisclosed without priorwritten consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Tenant Sign Criteria DATE REVISED 12.14.07 01.04.08 03.24.08 ©2008 Redmond Schwartz Mark Design Inc. • Any special conditions or deviations from the guidelines in the sign criteria are to be approved in writing after submittal to the Landlord. Typestyles Tenants may adapt established typestyles, logosand/or images that are in use on similar buildings operated by them, provided that said images are architecturally compatible and approved by the Landlord. Type may be arranged in multiple lines of copy and may consist of upperand/or lower case letters. Lighting The use of creative signage lighting is expected and encouraged with the following criteria: • Where signs are internally illuminated, light transmitting surfaces shall heron-gloss, matte materials. • Only letters and logos shall transmit light while the back plate or background remains solid opaque. No illuminated backgrounds rn boxes are allowed. • Lighting for all tenant signs shall be fumed off after closing or reduced between hours determined by Landlord. • Exposed fixtures, shrades, or other elements are to contribute to the design of the sign • All exposed or skeletal neon must be backed with an opaque coating and be approved in writing by dre Landlord. All housings and posts for exposed neon sites must be painted out to match the sign background unmediately behind Colors The color of the letter face and letter return shall be the same, no multi colored letters allowed. Color of letter face and rehrrns are to contrast with building colors for good daytime readability. All sign colors are subject to review and approval by die Landlord as part of the tenant signage submittal. Materials Acceptable sign material treatrnents are: • Dimensional geometric shapes coated or burnished for variety in color and texture • Painted metal • Screens, grids, on mesh • Etchedorbrushedmetal • Cut, abraded, or fabricated steel or aluminum • Dimensional letter forrns with seamless edge treatments • Glass The following materials are prohibited: • Fluorescent or reflective materials such as polished mirror • Simulated materials, i.e. wood-grained plastic laminate and wall covering • Sintra or cardboard • Plastics or aaylics • Trim cap retainers General All signs shall be designed, installed, illuminated, located, and maintained in accordance with the provisions set forth in these regulations and all other applicable codes and ordinances. All signs must meet all standards set forth by The Promenade in Temecula Sign Criteria and must be approved by the Landlord before permit submittal. The Luidlord does not accept the responsibility of checking for compliance with arty codes having jurisdiction over The Promenade in Temecula nor for the safety of any sign, but only for aesthetic compliance with this sigrr criteria and its intent. Fabrication Requirements • All sign fabrication work shall be of excellent quality and identical of Class A workmanship. All logo images and typestyles shall be accurately reproduced. Lettering that approximates typestyles shall not be acceptable. The Landlord reserves the right to reject any fabrication work deemed to be below standard • Signs must be made of durable mst-inhibiting materials that are appropriate and complementary to the design of The Promenade in Temecula. • All formed metal, such as letter forrns, shall be fabricated usingfull-weld construction with all joints ground smooth. • All ferrous and nrnrferrous metals shall be separated with nrni-conductive gaskets to prevent electrolysis. In addition tc gaskets, stairdess steel fasteners shall be used to secure ferrous to nonferrous metals. • Threaded rods or anchor bolts shall be used to mount sign letters, which are spaced out from background panel and must be finished to blend with the adjacent surface. Angle clips will not be permitted. • Paint colors and finishes must be reviewed and approved by the Landlord. Color coatings shall exactly match the colors specified on the approved plans. • Surfaces with color mixes and hues prone to fading (e.g, pastels, complex mixtures, intense reds, yellows and purples) shraIl be coated with ultraviolet inhibiting clear coat in amatte orsemi-gloss finish. • Joining of materials (e.g, seams) shall be finished in such a way as to be unnoticeable. Visible welds shall be crnitinuous and ground smooth. Rivets, screws, and other fasteners that extend to visible surfaces shall be flush, filled, and finished so as to be unnoticeable. • Fivshed surfaces of metal shall be free from canning and warping. All sign finishes shall be free of dust, orange peel, drips, uid runs and shall have a uniform surface conforming to the highest standards of the industry. • AIl lightingmust match the exact specifications of the approved working drawings. • Surface brightness of all ilhininated materials shall be consistent in all letters and components of die sign. Light leaks will not be permitted. • All conduit, raceways, crossovers, wiring ballast boxes, transformers, switches and other equipment necessary for sign connection shall be concealed. AIl bolts, fastenings and clips shall consist of enameling iron with porcelain enamel finish; stainless steel, anodized ahuninum; brass on bronze; or carbon bearing steel with painted finish. No black iron material will be allowed • Underwriter's Laboratory-approved labels shall be affixed to aIl electrical fixtures, not visible to the public. Fabrication and installation of electrical signs shall comply with UBC, NEC, and local building and electrical codes. • Penetrations into building walls, where required, shall be made waterproof by dre tenant's sign contractor. Location of all openings for conduit sleeves and support in sign panels and building walls shall be indicated by the sign contractor rni the above shop drawings submitted to the Landlord. Sign contractor shall install same in accordance with dre approved drawings. • In no case shall any manufacturer's label be visible from the street or from normal viewing angles. 2.24 Approvals of Tenant Signage Artwork Submittals • All sign concepts are to be generated from "camera-ready" logo artwork prepared by a professional • graphic designer, and submitted to the Landlord for approval prior to fabrication of any signage. Concept Drawing Submittal Prior to shop drawings uid sign fabrication, tenant shall submit for Landlord approval Concept drawings reflecting the design of all sign types. Sign concept drawings are to be submitted concurrently widr or as part of storefront design and awnuig design. Partial submittals willnotbe accepted Shop Drawing Submittal Upon approval of concept plans in writing from Landlord, two complete color sets of shop drawurgs are to be submitted for Landlord approval including: • Fully-dumensioned and scaled shop drawings specifjriig exact dunensioru, copy layout, typestyles, materials, colors, means of attachment, electrical specifications, and all other details of construction. • Elevations of storefront showing design, location, size and layout of sign drawn to scale indicating dimensions, attachment devices and construction detail. • Specifications indicating colors and materials including building fascia, letter face, returns, and other details as requested by the Landlord. • Section through letter and/or sign panel showing the dimensioned projection of the face of the letter and/or sign panel and the illumination. • Cut-sheets of any external light fixtures. • Full-size line diagram of letters and logo may be requested for approval if deemed necessary by the Landlord. All Tenant sign shop drawing submittals shall be reviewed by the Landlord for conformance with the sign criteria and with the concept desigii as approved by the Landlord. After receipt of Tenant's shop drawings, Landlord shall either approve the submittal contingent upon any required modifications or disapprove Tenant's sign submittal, which approval or disapproval shall remain the sole right and discretion of the Landlord. The Teiiuit must continue to resubmit revised plans until approval is obtained. A full set of final shop drawings must be approved and stamped by the Landlord prior to permit application or sign fabrication All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. NOT INTENDED FOR CONSTRUCTION. ©20(33 Redmond Schwartz Mark Design Inc. Tenant Sign Criteria DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 Requests to establish signs that vary from the provisions of this sign criteria shall be submitted to the Landlord for approval. The Landlord may approve signs that depart from the speafic provisions and constraints of this Sign Plan in order to: Encourage exceptional sign design and creativity. Accommodate imaginative, unique, and otherwise tasteful signage that is deemed to be within the spirit uid intent of the sign criteria. Following Landlord's approval of sign shop drawings, Tenant or his agent shall submit to the City of Temecula. sign plans signed by the Landlord and applications for all permits for fabrication and installation by Sign Contractor. Tenant shall furnish the Landlord with a copy of the sign permit prior to installation of Tenant's sign. Signs shall be inspected upon installation to assure conformance. Any work unacceptable shall be corrected or modified at the Tenant's expense as requiredby the Landlord Make all Submittals to: The Promenade in Temecula Tenant Caarclinator as indicated in Section 1. DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Tenant Sign Criteria ©200 Redmond Schwartz Mark Design Inc. e ~c_ ~ •; 4.~ Elevation Scale; 1/1b"=1`-0" ~. ~o ~ectlon at I . ~torerront ~ettertarm All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc, and may not be used Tenant Sign Ty p ~ ea I F a b ri ea t i o n or disclosed vaithout prior written consent of P,edmond Schwartz Mark Design Inc. NOT INTENDED FOR CONSTRUCTION. ©20(33 Redmond Schwartz Mark Design Inc. DATE REVISED 12.14.07 01.04.08 03.24.08 3" 11/2" 1' ~_~ ~ ~ ;,. ., ~ ~ _ - J r \ ~ ~ , ~ ~ ,, a ~ ~ ~ ~ ~, ti f ~~ ( ~ ' ~ ~ `, x- ~ ~~ 3 y I ~ ~ ~ ~ ~ ~ ~~ ~~ J 0~ TENANT ID -FASCIA MOUNT ~ ~ - I ~ ~ i ~. TENANT ID-MARQUEE CONFIGURATION-SUGGESTED LOCATIONS n ®- ~ _. ~\ ~~ MAJOR TENANT ID - MACY'S ~ , MAJOR TENANT ID - EDWARDS CINEMAS w. _ ~.: r- -____ . ~, /' ~ s ~ - V~ o°~ --~~~,,"''~,~~ __ ~ 1 ~ ir~,' r / '' z. ~_ ,,~ ~jr~ ~ / ~ ~ ~ ~~a f >~ ';,„, 0 ~~~ r = ~ ~'- ~- <% ~:~% <- ~~ ~~ ~. ~~~ ~~, , ' T ~ ~ tiR ~ DATE REVISED ~- 12.14.07 01.04.08 03.24.08 All drawings and written material appea ring herein constitute orig final and Dfl/aW~N Ci F~fl DES~CiN INTENT ~NkY. unpublished work of Redmond Schwartz Mark Design Inc. and may not be used ordisclosedwithoutpriorwrittenconsentofRedmondSchwartzMarkDesignlnc. N~T~NTENDEDF~RCONSTRUCT~ON. ©2008 Redmond Schwartz Mark Design Inc. Tenant Identification Sign Location Plan +5a,ao' T.O.R. +0.0~ FFL Sic n Location X.1 Elevation Scala: 118"=1'-0" All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Major Tenant Identification - Macy's DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 ©200 Redmond Schwartz Mark Design Inc. 4. F ~, Si n Location X.2 West Gara e West Elevation Scale: l!B"=1'-0" 3~ 4.. Si n Location X.3 West Gara e South Elevation Scale, 118"=1'-0" All drawings and written material appearing herein constitute original and DRAWING FOR DE SI GN I NTE NT ON LY. unpublished work of Redmond Schwartz Mark Design Inc. and may not be used ordisdosedwithoutpriorwrittenconsentofRedmondSchwarhMarkDesignlnr... NOT INTENDED FORCONSTRUC110N, ©2008 Redmond Schwartz Mark Design Inc, Major Tenant Identification - Macy's Si nLocationX.4 EastGara e SouthElevation Scale: 1/8"=1'-0" All drawings and written material appearing herein constitute original and DRAWING FOR DE SI GN I NTE NT ON LY. ' unpublished work of Redmond Schwartz Mark Design Inc. and may not be used M a y o r Te n a n t l d e n t i f i c a t ~ o n E d wa rd s~ i n e m a s ordisdosedwithoutpriorwrittenconsentofRedmondSchwarhMarkDesignlnr... NOT INTENDED FORCONSTRUC110N, ©2008 Redmond Schwartz Mark Design Inc, r--- r~ i o to ~b5~~ ,. 1- "~~ ~, '~ ~o b I 'I ~ . 5~0' ~ 1100' '~i ', ~ ,~ ~ ~ ---------------J L ------------------ t_ i -~. ~5~' i i ~i i i~ ~~ ~~ ,y ~~6s~, ~, ~ ~~ ~~ I ~ '~ ~~ I J I ` ~ I ~ / __ 7 ~~ ~~ ', ~, ~~ O (~ ^; ©o ~, i_ _ _ _ _ _ i r ~~~ i ~ i, ~~ 'i I, I I I I, I ~I All drawings and written material appearing herein wnstitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used ordlsdosedwithoutpriorwrittenconsentofRedrnond5chwartzMarkDesignlnc, NOT INTENDED FOR CONSTRUCTION. ©20(33 Redmond Schwartz Mark Deslgn Inc. Site ~ Overall Sign Location Plan DATE REVISED 12.14.07 01.04.08 03,24.08 •~ ~ ~ ~® I~ y~ Ii~~ I I ----------------- - - - - ----------------- I-------------------------------------------------------J~ I~ I ---------------------------------------------------------------------------~ I II I !~ ~\ ~' ~ ~ `: I i ® I ^ I .y-^ I I I : -~:*_--- ~'.. II ~. I ~ - I ~' ® I I ~fJ, I -- - I I II - -, .. ~; it ~ ~ I I J~ I ~' - ~' i ,;;~ , I \. i .J-. ~ ~ ~.~'' . I ~'~~ xev i I .. ~20~ 60~ ~- __ ~- ., 10' 40' 100' JTE: Banner s to be located on all light standards along Pro y menade Drive ~ '~ I - ~ I + r---------------------------i II I 1 "I I ~ 0 • I I I ~ ~I II I I n ~ BUILDING ENTRANCES-FACIA(4) ~ ~ BUILDING ENTRANCES-CANOPY(2) ENTRANCE PLAQUES (6) PARKING GARAGE DIRECTIONAL (A) PASEO IDENTITY (4) DIRECTORY (~ DIRECTORY WITH PARKING DIRECTIONAL (2) FREESTANDING DIPECTIONAL (5) P:lBKING GARAGE IDEfdTIT'Y (4) P:iRKItJ, CAPAi":IT'Y RCiADNUAYSIGN (2) PARKING; CAPACITY MASTER SIGN -EAST (1) PAP.KING CAPACITY MASTER SIGN -WEST (1) • fER'4CEAREAID dALETID Alldravringsandwrittenmaterialappearinghereinconstituteoriginalard DRAWING FOR DESIGN INTENT ONLY. unpublished work of Rxlmond Schwartz Mark Design Ina and may not be used or c6sdosedwithoutpriorwrittenconserdofRedmondSchwartzMarkDesignlnc NOT INTENDED FOR CONSTRUCTION. ©2008 Redmond Schwartz Mark Design Inc, Retail Expansion ~ {overall Sign Location Plan DATE REVISED 2.1 ~.~~ 01.04.0 03.24.0 ~~i~ --~F EXISTING LOCATION I II i'. l f ~. ~, .f TION I 31`dWl fl S3~ S 099 lbl INI S3~ dS 9Z9 All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc. and may not be used or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. NOT INTENDED FOR CONSTRUCTION. ©2008 Redmond Schwartz Mark Design Inc. i' Site ~ Detail Sign Location Plan DATE REVISED 12.14.07 01.04.08 03.24.08 HE 1. J EnwaRns cn~ a, , ~ ~~ ,, , . ~ ul s 4 z c 1 ~ ._L¢ ' EXISTING LOCATION S 0~ S 5i 3d ; OCATION f ~~ Ex %' All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc. and may not be used or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. NOT INTENDED FOR CONSTRUCTION. ©2008 Redmond Schwartz Mark Design Inc. Site ~ Detail Sign Location Plan DATE REVISED 12.14.07 01.04.08 03.24.08 MAJOR ENT RY MD N UM ENTAT ID N (3) REGIONAL CENTER MONUMENTATION ('q MINDR ENTRY MOPJUMENTATIOPJ (WITH THEATRE MARQUEE) I'q MINDR ENTRYMONUMENTATION (WITH TENANT LISTING) (1) SITEDIRECTIONAL(5J SECOPJDARY SITE DIRECTIONAL (5) PARKING LDT AREA IDENTITY (QUANTITY TBD) ,~, (// ~ ~ e~ ~ ` ~~ ~'-~~~ ~ Soy ~~ `~ ~ ~ `' S ~~ ~ NOd } ~ ti s'd~~a ~~ ~. ~~o~s g~a~ ti1 ~~ ~o,, G~ 6w ~' ~1 ;Z ,~~N, ~y ~S ~~~~ ~~~ ~~~~ \~ / ~' 1, ~~~ %~31Y~I1~t1 S3~ddS 999 ~ ~ lyIlINI, S3addS 9Z9 `~, ,, !~~ ~ ~''13~bdd S~~3S; -~~ '% I .; ~;'~ ~ ~~ ~~ ~~. <~ /,%~ ~ of ~% ~, ~ ~~ ~' %' 1 I~~II ~ rl ' ~~~ ~~~~}, ~ ~l / ~~ ~II NEW LOCATION ~~; ;. ,~ ~/- ,~,, , .; ,,-, - ~/ ,lf .s ~ ,~ I `` ``1 ~ '~ l l ~ ~ ` t ( DATE REVISED 12.14.07 01.04.08 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Site ~ Detail Sign Location Plan ©200 Redmond Schwartz Mark Design Inc. ~I v ;~z ' ,./ ~~ ~z ~ ~~ ~ ii ~~ ~~ ~ ~i ~~ ~ / ,~ _- au I ~z ~ I oz S I ~~ ~ ~ ~~ J" ~ING LOCATION i i/ DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. • unpublished work of Redmond Schwartz Mark Design Inc. and may not be used S i to ~ D eta i I Sign Location P I a n ordisdosedwithoutpriorwrittenconsentofRedmondSchwartzMarkDesignlnc. NOT INTENDED FORCON$TRUCTION. ©2008 Redmond Schwartz Mark Design Inc. ~l ~ h~ ~~ "'"~~~~ ~ \ ~~ ~z ~ \ \ \ z~ \ ~~ ~. ~ ~ ~~ '/ L ,~ ~ ~ ~~~ -~ ~ r ~t (14101 c 8£Z ®Sl3A3l i ~, DATE REVISED 12.14.07 01.04.08 03.24.08 Alldmwingsandwrittenmaterialappearingherelnconstituteoriginaland DRAN/INCiF~RDE$ICi~fINTE~fT~N~~! • unpublished work of Redmond Schwartz Mark Design Inc. and may not be used S ite ~ D eta i I Sign Location P I a n ordisdosedwithoutpriorwrittenconsentofRedmondSchwartzMaii:Designlnc. N~TINTENDEDF~RC~NSTR~CTI~N. ©2008 Redmond Schwartz Mark Design Inc. EXISTING LOCATION L ~~ E JG LOCATION \~ ~ ~~ ~ ~~ ~~ I ~ - ~~~ ~~ ~ I l~ ~ I I I I~ ~ ~ ~I II ~ ~ • DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and DRAWING FAR DESIGN INTENT ~N~~'. unpublished work of Redmond Schwartz Mark Design Inc. and may not be used ordisdosedwithoutpriorwrittenconsentofRedmondSchwartzMarkDesignlnc. N~TINTENDEDF~RC~NSTRUCTI~N. ©2008 Redmond Schwartz Mark Design Inc. ~ ~ ~~ ~ ~ ~ ~ ~ ~~ ~ ,' ~/~ NEUV LOCATION ' -. ~ i ~ i / / ~ ~ / ~ ~ / r ~ ~ ~ ~ ~ ~ Site ~ Detail Sign Location Plan 4 io o° ao o° EXISTING LOCATION • ~~ 1~~ 1 1, 1 DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and pRAW~NG FpR pE~~GN ~~fjENj ~N~~! c • unpublished work of Redmond Schwartz Mark Design Inc. and may not be used ~/ I {r` ~ D eta i I Sign Location P I a n ordisdosedwithoutpriorwrittenconsentofRedmondSchwartzMarkDesignlnc. N~T~NTEN~E~F~RC~NSTR~~~~N. ©2008 Redmond Schwartz Mark Design Inc. i i ~ ~ ~ ~ ~ ~ ~ [MAC PAf~RO co~~ I ~ ~ NEW LOCATION ~,~ ~ ~ U ~~ hti ~ - ~ ' .. ~,c a\` ,-, ~, ,, ~: , c~, ,,,,,, ,~,''r<`'`,,, EXISTING LOCATION ~ BUILDIfJG ENTRANCES- FACIA (4) ~~ BUILDIfJGEfJTRANCES-CANOPY(2) ENTRANCE PLAQUES (b) PARKING GARAGE DIRECTIONAL (4) PASEO IDEPJTITY (4) DIRECTORY (4) DIRECTORY WITH PARKING DIRECTIONAL (2) FREESTANDIfJG DIRECTIONAL (5} PARKIfJG GARAGE IDENTITY (4) PARKING CAPACITY ROADWAY SIGN {2) PARKIPJG CAPACITY MASTER SIGN -EAST (1) PARKING CAPACITY MASTER SIG N -WEST (1) • SERVICE AREA ID VALET ID DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Retail Expansion ~ Detail Sign Location Plan ©20013 Redmond Schwartz Mark Design Inc. ~ BUILDING ENTRANCES -FACIA (4} ~ ~ BUILDING ENTRANCES-CANOPY(2) ENTRANCE PLAQUES (6) PARKING GARAGE DIRECTIONAL (4) PASEO IDENTITY (4) DIRECTORY (4} DIRECTORY WITH PARKING DIRECTIONAL(2J FREESTAfJDING DIRECTIOPJAL (5) PARKING GARAGE IDENTITY (4) PARKIfJG CAPACITY ROADWAY SIGPJ (2) PARKING CAPACITY MASTER SIGfJ -EAST (1) PARKING CAPACITY MASTER SIGN -WEST (1) • SERVICE AREA ID VALET ID All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Retail Expansion ~ Detail Sign Location Plan DATE REVISED 12.14.07 01.04.08 03.24.08 ©20013 Redmond Schwartz Mark Design Inc. ~ BUILDING ENTRANCES- FACIA (4} ~ ~ BUILDING ENTRANCES- CANOPY(2) ENTRAfJCE PLAQUES {6J r' PARKING GARAGE DIRECTIONAL (4) PASEO IDENTITY (4) DIRECTORY (4} DIRECTORYWITH PARKING DIRECTIONAL(2) FREESTANDING DIRECTIONAL (5) PARKING GARAGE IDENTITY {4j PARKING CAPACITYRCADWAYSIGN (2) PARKING CAPACITY MASTER SIGN -EAST (1) PARKING CAPACITY MASTER SIGPJ -WEST (1} • SERVICE AREA ID VALET ID 10 4(1 D' ~~ r ~~ t I ~~~ r .~ ~4' _ -z. ~ _ I~ ~ ~ .. I _ ' ~: -+~' ~~ t r~ ~ - k • ~ ~ I'I •~ fir:. ~ ~+ ~~ }~ All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Designlncandmaynotbeused Retail Expansion ~ Detail Sign Location Plan or disclosed vaithout prior written consent of P,edmond Schwartz Mark Design Inc. NOT INTENDED FOR CONSTRUCTION. ©20(33 Redmond Schwartz Mark Design Inc. DATE REVISED 12.14.07 01.04.08 03.24.08 ~ BUILDIfJGEfJTRANCES-FACIA(4) ~ ~ BUILDING EPJTRANCES-CANOPY(2) EPJTRANCE PLAQUES (6) I PARKING GARAGE DIRECTIONAL (4} PASEO IDENTITY (4) DIRECTORY (4) DIRECTORY WITH PARKING DIRECTIONAL (2) FREESTANDING DIRECTIONAL (5) PARKIhJG GARAGE IDENTITY (d) " ~ PARKIfJG CAPACITY ROADWAY SIGN (2} PARKIfJG CAPACITY MASTER SIGfJ -EAST (1) PARKING CAPACITY MASTER SIGN -WEST (1) • SERVICE AREA ID vA~ET ID fef~~ 1S7T}} 4 ~• ~'} n~ r h'd_ i ~p ~' d r L ~a ~. All drawings and written material appearing herein wnstitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used ordisdosedwithoutpriorwrittenconsentofP,edmondSchwartzMarkDesignlnc. NOT INTENDED FOR CONSTRUCTION. ©2008 Redmond Schwartz Mark Design Inc. s r ,5 ~~~~ - s . ~ ,!} y'' Retail Expansion ~ Detail Sign Location Plan ~~ . ~ ~' ~ 1 ,~ ~~ ~r ~ s r ~ r, ... ~a~ ; '~ 3, ~ ~'' * ! ~ 'r~ f r: ~~r~ ~ J 'ai ~V1rr~ R DATE REVISED 12.14.07 01.04.08 03,24.08 - r . ~ ,. 1 .. r `Vf r ' t ~. a X t .~ ^ ~ O ~, ~~ ~ BUILDIPJG ENTRAfJCES-FACIA (4) ~ ~ BUILDIPJG EfJTRANCES- CAfJOPY(2) EfJTRAfJCE PLAQUES (b} rj PARKING GARAGE DIRECTIONAL (4) PASEO IDENTITY (4) DIRECTORY (4} DIRECTORY WITH PARKING DIRECTIONAL (2) FREESTANDING DIRECTIONAL (5) PARKING GARAGE IDENTITY (4} PARKING CAPACITY ROADWAY SIGN (2) PARKING CAPACITY MASTER SIGN -EAST (1) PARKING CAPACITY MASTER SIGN -WEST (1} • SERVICE AREA ID VALET ID DATE REVISED 12.14.07 01.04.08 03,24.08 All drawings and written material appearing herein wnstitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used ordisdosedwithoutpriorwrittenconsentofP,edmondSchwartzMarkDesignlnc. NOT INTENDED FOR CONSTRUCTION. ©2008 Redmond Schwartz Mark Design Inc. ^ ^ f• r ^ Retail Expansion ~ Detail Sign Location Plan ^ ~ BUILDING ENTRANCES-FACIA(4) ~ ~ BUILDING ENTRANCES-CANOPY(2J ENTRANCE PLAQUES (b) PARKING GARAGE DIRECTIONAL (4} PASEO IDENTITY{4) DIRECTORY (4) DIRECTORY WITH PARKING DIRECTIONAL (2) FREESTANDIfJG DIRECTIONAL(5) PARKIfJG GARAGE IDENTITY (4) PARKIfJG CAPACITY ROADWAY SIGN (2} PARKIhJG CAPACITY MASTER SIGN -EAST (1) PARKING CAPACITY MASTER SIGN -WEST (1) • SERVICE AREA ID VALET ID ~L r ~~ ~J ~~ r .,. `~ ~~~ ~~ ;. j , ~ . I • .~ r~~=V~ DATE REVISED 12.14.07 01.04.08 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. Retail Expansion ~ Detail Sign Location Plan ©20013 Redmond Schwartz Mark Design Inc. 1 ~'-6" Plan view ~~~1e.311b"=1'-0" o I Scale: 3;16"=1'-0" TOTAL SQUARE FOOTAGE (EACH FACE} 155 LOGO AND PROJECT NAME ONLY (EACH FACE) 53.5 Side View Scale: 3/16"=7'-0" 1. Stone clad sign structure. Cladding material and color to match sample provided. Tinted concrete base. 2. Fabricated aluminum sign structure with necessary structural support for . cantilever sign cabinet feature nn both elevvations. 2a. Sign cabinet color to be painted to ~ match supplied stone sample. 2b. Uirnensional reverse channel aluminum lettering, non-internally illuminated. 2c. Horizontally brushed aluminum back panel surface. Sign fabricator to show material break pattern prior to fabrication. 2d. Lettering illurnlnation- non-visible internal rear surface (2c) wall wash uplighting, white. Illumination source to be continuous +.nrithout "hot-spots". Provide necessary white • acrylic diffuser. 3. Aluminum top cap, painted. 3a. Provide continuous uplighting of top ~ i cap, white, along front and edge surfaces of sign structure. ~ 4. Fabricated aluminum reverse channel logo, halo illumination, white, pin mounted to sign structure. 5. Side illumination feature to be inset clear patterned acrylic panel with internal illumination, white. Light source to provide continuous and uniform illumination. LEGEND P1 Paint -Dark Metallic, semi gloss O Paint - Color to match stone sample, semi gloss M1 Material-Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain DATE REVISE 12.14.07 01.04.08 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. P1 Y~ _ .nnl~l .4~ ~~ "'~~~°~~ 0 ~ ~,~°~,~,~ ~„..,~ n :~ - DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. A1: Major Entry Monumentation ©2005 Redmond Schwartz Mark Design Inc. 3'-6" LJ n ~ ~ .~ .; .~ ~~> , . ~ i y ~ .~ m, .~ . , ~. ~~~ - . ~ _i 5 Plan View Scale: 1/8"=1'-0" TOTAL SQUARE FOOTAGE (EACH FACE) 276 P1 LOGO AND PROJECT NAME ONLY (EACH FACE) 54 t, ~, a Elevation Scale: 1/8"=1'-0" 77._4.. ~. ~j,. ai..... Y~ ~ 1 ` P1 P11 5'-0" Side View Scale: 1/8"=1'-0" 1. Stone clad sign structure. Cladding material and color to match sample provided. Tinted concrete base. 2. Fabricated aluminum sign cabinet color to be painted to match supplied stone sample. 2a. Dimensional reverse channel aluminum lettering, non-internally illuminated. 2b. Horizontally brushed aluminum back panel surface. Sign fabricator to show material break pattern prior to fabrication. 2c. Lettering illumination- non-visible internal rear surface (2c) wall wash uplighting, white. Illumination source to be continuous without "hot-spots". Provide necessary white acrylic diffuser. 3. Fabricated aluminum reverse channel logo, halo illumination, white, O pin mounted to sign structure. ~ 4. Existing base 5. Existing fountain features, stone re-clad to match stone sample. Cladding by others. LEGEND P1 Paint -Dark Metallic, semi gloss O Paint - Color to match stone sample, semi gloss M1 Material -Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain All drawings and written material appearing herein constitute original and unpublished workof Redmond Schwartz Mark Design Inc. and may not be used or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. A2: Regional Center Monumentation • DATE REVISED 12.14.07 01.04.08 03.24.08 ©2008 Redmond Schwartz Mark Design Inc. -_ -s~~ - Existing Monument 0 m 1 Scals:3llb"=1'-0" TC ~, LOG~7 AND PROJECT NAME ONLY (EACH FACE; s'-2" 56.5 ~~_~~~ P1 _. % ~~ ~~~~ 1. Stone clad sign structure. Cladding material and color to match sample provided. Tinted con~ete base. 2. Horizontal project identification pylon ~nrith inset sign cabinet. 2a. Sign cabinet color to be painted to match supplied stone sample. 2b. Dimensional reverse channel aluminum lettering, non-internally illuminated. 2c. Horizontally brushed aluminum bat~C panel surface. ~ Sign fabricator to show material break pattern prior to fabrication. 2d. Lettering illumination-non-visible internal rear ~ surface (2c) wall wash uplighting, white. Illumination source to be continuous ~nrithout "hut-spots". Provide necessary white acrylic diffuser. 3. Aluminum top cap, painted. 3a. Provide continuous uplighting of top cap, white, along front and edge surfaces of sign structure. 4. Fabricated aluminum reverse channel logo, halo illumination, white, pin mounted to sign structure. 5. Side illumination feature to be inset clear patterned acryllcpanel+rvith Internal illumination, white. Light source to provide continuous and uniform illumination. • b. Theater marquee cabinet, feature to be fabricated aluminum sign structure with necessary structural support for cantilever sign Cabinet feature an both elevations. ~ i ba. Internal illumination source to be continuous without "hot-spots". Provide necessary white at~ylir, ~ diffuser behind solar gray acrylic fare surface panels. bb. Changeable messages to be individual clear acrylic letter carriers with surface applied vinyl lettering. bc. Letter carriers are to be mounted with natural aluminum carrier strips. bd. Theater name to be pushed thru acrylic lettering, 1/2" beyond cabinet face surface, solar gray acrylic,. LEGEND a r~ Scale: 3;16=1'-0" Side View Scale: 3/16=1'-0" All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. ,/ P1 A3: Minor Entry Monumentation (with Marquee) P1 Paint -Dark Metallic, P2 semi gloss lO Paint -Colorto match stone sample, semi gloss M1 Material - Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain M3 Material - Aaplic, clear M4 Material - Ar>rylic, solar gray DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 ©200P Redmond Schwartz Mark Design Inc. M 1 b' 2~~ 3'-4 TO` ~~~ ,-n P1 LOGO AND PROJECT NAME ONLY (EACH FACE) ~, 9~ `-' 55.75 _. % 1. Stone clad sign structure. Cladding material and color to match sample provided. Tinted con~ete base. 2. Horizontal project identification pylon ~nrith inset sign cabinet. 2a. Sign cabinet color to be painted to match supplied stone sample. 2b. Dimensional reverse channel aluminum lettering, non-internally illuminated. 2c. Horizontally brushed aluminum bat~C panel surface. ~ Sign fabricator to show material break pattern prior to fabrication. 2d. Lettering illumination-non-visible internal rear ~ surface (2c) wall wash uplighting, white. Illumination source to be continuous ~nrithout "hut-spots". Provide necessary white acrylic diffuser. 3. Aluminum top cap, painted. 3a. Provide continuous uplighting of top cap, white, along front and edge surfaces of sign structure. 4. Fabricated aluminum reverse channel logo, halo illumination, white, pin mounted to sign structure. 5. Side illumination feature to be inset clear patterned acryllcpanel+rvith Internal illumination, white. Light source to provide continuous and uniform illumination. b. Tenant, marquee Indent feature to be fabricated aluminum sign structure with necessary structural support for cantilever tenat letter carriers' feature on both ~ i elevations. ba. Internal illumination source to be continuous ~ without "hot-spots". Provide necessary>rahiteactylic, diffuser behind solargray acrylic face surface panels. bb. Changeable messages to be Individual clear acrylic letter carriers with surface applied vinyl lettering. bc. Letter carriers are to be mounted v~~ith natural aluminum carrier strips. bd. Theater name to be pushed thru acrylic lettering, 1/2" beyond cabinet face surface, solar gray acrylic,. LEGEND a r~ Scale: 3;16=1'-0" ,/ P1 Side View Scale: 3/16=1'-0" All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. ©200P Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. A4: Minor Entry Monumentation (with Tenant Listing) P1 Paint -Dark Metallic, P2 semi gloss lO Paint -Colorto match stone sample, semi gloss M1 Material - Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain M3 Material - Aaplic, clear M4 Material - Arxyl ic, solar gray DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 ~~ D Plan View TOTAL SQUARE FOOTAGE {ONE FACE) 77.5 LOGO ONLY (ONE FACE) 6.25 ;'; 13'-~" ,1 r~ ~/ Scale: 3,'8=1'-0" 0 1'-3'. M1 Material -Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain M3 Material -Arxylic, clear M4 Material -Auylic, solar gray DATE REVISE M5 Material - Acxylic, translucent ~nrhite 12.14.07 01.04.08 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. 1 Stone clad sign structure. Cladding material and colortomatch sample provided. Tinted concrete base. 2. Horizontal vehicular diret~tional pylon with surface applied directional message panel/boxes. 2a. Sign cabinet "cap" to be painted to match supplied stone sample. 3 Fabri sated internally illuminated aluminum directional message panel/boxes. 3a. Copy and arrows to be pushed thru white acxylic,1 /4" beyond front surface. 4. Fabricated aluminum reverse channel logo, pin mounted to sign structure. 4a. Logo to be externally illuminated with direct burial wall washer light source. Illuminate logo without reducing intensity nldire<rinnal message paneUbox illumination. LEGEND P1 Paint -Dark Metallic, sernl gloss J P1 O Paint - Colorto matcfa stone sample, semi gloss B: Site Directional ©2004 Redmond Schwartz Mark Design Inc. side view Scale: 318=1`-0" Plan View z,.alz. J?„_1,_0,. 11 ~:. „;• 5~_~~~ TOTAL SQUARE FOOTAGE (ONE FACE 32.5 1. Stone r..lad sign structure. Cladding material and colortomatch sample provided. Tinted rontxete base. 2 Horizontal vehicular directional pylan with surface applied directional message panellboxes. 2a. Sign cabinet "cap" to be painted to match supplied stone sample, 3. Fabricated internally illuminated aluminum directional message panel/boxes. Sa. Copy and arrows to be pushed thru white anrylic,l/A" beyond frontsurface. LEGEND P1 Paint -Dark Metallic, sernl gloss J P1 O Paint - Colorto match stone sample, semi gloss M1 Material -Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain Scale: 3,'8=1'-0" Side view Scale; 318=1' 0" M3 Material -Arxylic, clear M4 Material -Auylic, solar gray DATE REVISE M5 Material - Acxylic, translucent ~nrhite 12.14.07 01.04.08 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. C: Secondary Site Directional ©2005 Redmond Schwartz Mark Design Inc. 1 ~_~~~ ~,' 13'-~1 " 3 c Scale: 3l4"=1'-0" 4" deep reverse channel aluminum 'r. Halo illuminated onto plate beyond 1/2" thin palmed aluminum back late for halo illumination surface. 3. 5" thick rew~erse channel logo. halo Illuminated onto wall beyond. Deta i I xale: 3"=1'-0" All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. D: Entrance Identity Detail DATE REVISED 12.14.07 01.04.08 03.24.08 ©20013 Redmond Schwartz Mark Design Inc. Plan Scale: 3/8"=1'-0" ~ Letter Det 1. 3" deep reverse channel aluminum letter. Halo illuminated onto plate beyond. 2. 1" thick painted aluminum back plate for halo illumination surface. +a-o' T.O.P. EXISTING `' *~.-p' T.O.R, EXISRNG ~~ ~~ Front Elevation Scale: 3/8"=1'-0" 6 I o n i • EXTERIOR ExIS11NG VESIIBL'lE uaEE INTERIOR DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc. and may not be used or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. DD.1: Entrance Identity Detail ©2008 Redmond Schwartz Mark Design Inc. Plan Scale: 3/8"=1'-0" Front Elevation Scale: 3/8"=1'-0" All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc. and may not be used or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. 17'-0" DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. ~ Letter Detail Scale: 3"=1'-0" 1. 3" deep reverse channel aluminum letter. Halo illuminated onto plate beyond 2. 1 " thick painted aluminum back plate for halo illumination surface. ~4P'-0' T.O.P. EXISTING ~~.-p' T.O.R, EXISTING EXiER10ti 6 i M VESTIBULE uAllIN1ERI0R Side Elevation Scale: 1/16"=1'-0" DD.2: Entrance Identity Detail • DATE REVISED 12.14.07 01.04.08 03.24.08 ©2008 Redmond Schwartz Mark Design Inc. Elevation Scale: 3/3°=1'-0" r 2 Whte push-thru letters and logo. Internally illuminated. ~3 ~~ P1 1^ r ! ~r iii* ~,.. ~- ~ yyb iill lr yi _~ M ii* wT , ~~ , ~, .. g4 ~, ~~ 4 it ii . ii. ii:: ~~ ~~~~ ~ a~ ~ /0 ~~~ ~. Detail Scale: 1 1/2"=1'-0" m 1. Painted aluminum reverse channel plaque. Hall Lit ~vith push-thru letters to glotRr from within. Section Scale: 'I 1/2°=1`-D° 3 DATE REVISED 12.14.07 01.04.08 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. ©200 Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. F: Entrance Identity Plaque ~.;~ T~~ Entrance Identity ~ Elevation Sedb: ~ _~,_~„ DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. D.1 and F.3-4: Entrance Identity Elevation ©20013 Redmond Schwartz Mark Design Inc. Elevation Scab: 3/32"=1'-0° DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. D.2: Entrance Identity Elevation ©20013 Redmond Schwartz Mark Design Inc. 13'-4 ~~ Elevation Sca le: 3/32 °='I `-0° All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. D.3 and F.1-2: Entrance Identity Elevation DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 ©200 Redmond Schwartz Mark Design Inc. Ele~i~tion Soh, 3132"=1' 0" All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. 13'-4" CINEMA CANOPY SIGN DETAIL SIMILAR TO SIGN TYPE DD D.4 and F.5-6: Entrance Identity Elevation DATE REVISED 12.14.07 01.04.08 03.24.08 ©20013 Redmond Schwartz Mark Design Inc. Elevation Sca le: 3/32"=1 `-0° DATE REVISED 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. DD1: Building Entrance -Facia ©200 Redmond Schwartz Mark Design Inc. r 1 ~J DATE REVISED 01~ 03.2~.0~ Alldrawingsandwrittenmaterialappearinghereinconstituteoriginalard DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Desgn Ina and may not be used D D~: B u i I d i n g Entrance F a c i a or c6sdosedwithoutpriorwrittenconserAofRedmondSchwar2zMarkDesignlne NOT INTENDED FOR CONSTRUCTION. ©2008 Redmond Schwan Mark Design Inc, ~ Plan View Elevation Sr h, ', ~,=1, ~„ 2a r -~o ~__ _~ ~, n,~ ~ ~o "~, ,.; N M P ARE,`, " P5 Pb ~ ~] AREA, P5~ ~:J B ~~ AREA P5 Lr 3~ ~1 ~ AREA P5 D 5E Side View Area Indicator Colors 1. Aluminum plate f~anel, painted fares and edges. Two sign panels at each location. 1a. Copy to be surface applied, black. 1b. Surface screen/paint mask area color code. 2 Panels to be welded to u-channels. Paint to match sign panel. 2a. Sign unit seared to palelpost with medtanical fasteners, natural aluminum color. 3. Existing pole/postto be pravvided by others. LEGEND Print- Uark Metallic, semi gloss P2 P:hrt- Color to match stone sample, semi gloss P,3 ~ 'tt- Deep Red, semi gloss P4 ~ ~ Paint - Co Iar to match concrete tint, semi gloss P5 ~ ~ Paint- Light Metallic, semi gloss P6 . Paint- Orange, semi gloss p7 . Paint- Blue , semi gloss PS . Paint- Green, semi gloss Paint- Gold, semi gloss P10 . Paint- Violet, semi gloss M1 Material-Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain M3 Material -Aaylic, clear M4 Material -Acrplic, solar gray M5 Material -Atxylic, translucent white Vinyl -White, reflective Vinyl -Black, semi-gloss, opaque Vinyl - Oark charcoal gray, opaque DATE REVISED 12.14.07 a~ .a4.o8 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. E: Parking Lot Area Identity ©200B Redmond Schwartz Mark Design Inc. 1a V ~i r~ 3'-4 " ~ Plan View Scale: 1/2"=1'-0" 3'-51 /2 " 1a PZ ~ ~~~~ N a~ ~ ' ;,, 0 Q ~lY Elevation Side View Scale: 1/2=1 <D" Sca le: 1 /2=1'-0" Side View Scale: 1/2=1'-0" 1. SY,one clad sign structure. Cladding materiel and color to match sample provided. Tinted conaete base. 1a. Siyn cabinet "cap" to be painted to match supplied stane sample. 2. Internally illuminated map fabricated aluminum e:abiners with whine arxylic diffuser to provide continuous and uniform illumination. Cabinet surfaces, edges and face returns to be painted. 2a. Digital print locator map inserts. 2b. Surface etched copy. 2r,. Non-visible hinges and locking hardware. 3. Surface applied, pin mounted flush aluminum plate logos. 4. Side illumination feature to be inset clear patterned aaylic panel with internal illumination, ~n~hite, Light source to provide continuous and uniform illumination. LEGEND P1 Paint -Dark Metallic, semi gloss I t`L ] Paint - Calnr to match stone sample, ~~..// semi gloss M1 Material -Stone cladding to match sample Material -Brushed aluminum, horizontal grain Material -Acrylic, clear Material -Acrylic, solar gray Material -Acylic, translucent white DATE REVISED 12.14.07 a~ .a4.o8 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. J: Directory ©2005 Redmond Schwartz Mark Design Inc. 41 1'-1" 1~ P2 ~~~%d 1 a PZ ~ ~ ~ ~~ P1 I O 2b 3' S 1l"Z" 1'-1 "~~ I I Elevation Scale: 1/2=1'-0" e I I 1. Stone clad sign structure. Cladding material and color to match sample provided. Tinted concrete base. 1 a. Sign cabinet "cap" to be painted to match supplied stone sample. 2. Internally illuminated map fabricated aluminum csbinets +n~ith white acrylic d Iffuser to provide continuous and uniform illumination. Cabinet surfaces, edges and face returns to be painted. 2a. Digital print locator map inserts. 2b. Surface etched copy. 2c. Non-visible hinges and locking hardware. 3. Surface applied, pin mounted flush aluminum plate logos. 4. Side Illumination feature to be inset clear patterned acrylic panel ~n~ith internal illumination, vvhlte. Light source to provide continuous and uniform illumination. 5. Internally illuminated painted mtl. cabinet with push-thru acrylic letterforms and Internally illuminared stainless and painted metal disk with acrylic arrow form. LEGEND P1 Paint - Dark Metallic., semi gloss O Paint - Color to match stone sample, semi gloss M1 Material -Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain M3 Material -Acrylic, clear M4 Material -Acrylic, solar gray M5 Material -Acrylic, translucent white Side View Side View Scale:1l2=1'-0" Scale: 1f2=1'-0" All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. JJ: Directory with Parking Directional DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 ©200 Redmond Schwartz Mark Design Inc. Freestanding Pecaestria n Directional ~ Plan Scala: 1/2„=1' 0° 1 ~' , 2a 5"~ M'Z 1. Fabricated aluminum boxlmessage panels, internally illuminated. 1a. Copy and arrorncs ro be rr~~hite acrylic pushed thru face,1J4" beyond cbinet face surface. 1b. Paint cabinet, all faces and edges. 1c. Paint arrwnr area, face and end edge. 2. Decaati~re base panel to be fabricated aluminum, natural color, evith horizontal brushed faces. 2a. Additional fabricatedalurninum accent panel, painted. 2b. Mount sign units and accent panel to square post with mechanical fasteners with half round snap-on covers, natural aluminum color. 3. Square fabricated aluminum post with flush cap, painted. EGEND P1 Paint - Dark Metallic, semi gloss O Paint - Color to match stone sample, semi gloss P3 Paint - Deep Red, semi gloss P4 Paint - Color ro match concrete tint, semi gloss Scala: 912=1'-0 Aj Side View Scale: 1f2=1'-0" M1 Material - Stone cladding to matdt sample M2 Material - Brushed aluminum, horizontal grain M3 Material - Acrylic„ clear M4 Material - Acrylic, solar gray M5 Mater ial - Acrylic, translucent white DATE REVISE 12.14.07 01.04.08 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. ./ K: Freestanding Directional ©2005 Redmond Schwartz Mark Design Inc. 3' 4 " v,~all surface} G Plan Spa I e: 1/2"=1'-0" b 1/2" ,; 2a P1 ~~ ', ~ ~Illi III 1c P1 M2 1. Fabricated aluminum box/message panels, internally illuminated. 1a. Copy and arro~nrs to be white acrylic pushed thru face,l/4" beyond cabinet face surface. 1b. Paint cabinet, all fares and edges. 1c. Paint arrow area, fare and end edge 2. Decorative base panel to be fabricated aluminum, natural color, with horizontal i_~rushed faces. 2a. Additional fabricatedaluminurn accent panel, painted. 2b. Mount sign units and accent panel to existing wall surface with mechanical fasteners with half rnund snap-nn rovers, natural aluminum color. LEGEND P1 Paint - Dark Metallic„ semi gloss O Paint - Color to match stone sample, semi gloss P3 Paint - Deep Red, semi gloss P4 Paint - Color to match concrete tint, semi gloss M1 Material- Stonerladding to match sample M2 Material - Brushed aluminum, horizontal grain M3 Mater ial - Acrylic, clear M4 Material - Acrylic, solar gray M5 Material - Acrylic, translucent white DATE REVISE End View Scale: '112=1'-0° All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. L: Wall Mounted Directional 12.14.07 01.04.08 03.24.08 ©200P Redmond Schwartz Mark Design Inc. 3'-41/2" , Elevation Scale: 'I /2=1'-0" ~~ 12u 0 I ~ '9~'~'~ 1d P3~ ~^^ n Plan Scale: 1"=1'-0" u a Elevation A Scala: 1i2=1'-0" 1 Fabricated aluminum message panel, non internally illuminated. 1 a. Copy to be white reflectlvve vinyl. 1 b. Paint copy surface. 1 c. Message panel to have horizontal brushed finish on face surfaces and natural aluminum finish on edges. 1 d. Panel to be welded to sign mount collar. Collar severed to post ~n~ith mechanical fasteners with half round snap-on covers, natural aluminum color. 2 Square fabricated aluminum post with flush cap, painted. 2a. Fabricated aluminum cap, painted NC)TE: Deslgn shwnm is freestanding. This design is also able to attat~ to existing light poles. LEGEND P1 Paint - Dark Metallic, semi gloss O Paint - Color to match stone sample, semi gloss P3 Paint - Deep Red, semi gloss P4 Paint - Color to match concrete tint, semi gloss M1 Material -Stone cladding to match sample M2 Material -Brushed aluminum, hohzontal groin M3 Material-Acrylic, clear M4 Material -Acrylic, solar gray M5 Material -Acrylic, translucent white V1 Vinyl -White, reflective All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. N: Street Sign DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 ©200B Redmond Schwartz Mark Design Inc. nj Elevation B Scale: 1;'2=1'-0" End Vlew Scale: 112=1'-0" 0 N Valetldentit Plan Scale: 3l4"='I'-0" ~` 1. Fabricated aluminum box 2 Paintedarcentpanel LEGEND P1 Paint- Dark Metallic, semi gloss 0 Paint - Color to match stone sample, semi gloss P3 Paint -Deep Red, semi gloss P4 Paint - Color to match concrete tint, semi gloss M1 Material - Stone cladding to match sample M2 Material -Brushed aluminum, horizontal grain M3 Material - Auylic, clear M4 Material- Arxylic,solar gray M5 Material- Acxylic,translucent+white DATE REVISED 12.14.07 a~ .a4.o8 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. P: Valet Identity ©200 Redmond Schwartz Mark Design Inc. Valet Identit Front Elevation Scale: 3I4=1'-0" Valet Identit Side View Scale: 3/4=1'-0" SERVICE ENTRY SERVICE ENTRY Q.4 Q.5 ~r Detail Layouts Scats: 3l8"=1'-0" 2'-1 1/2" N Elevation Detail v Elevation Scale: 3/8"=1 `-D" 1. 1/3" thit~C aluminum panel, painted face and edges, semi gloss. 1 a. Surface applied 1/4"think aluminum plate accent, painted face and edges.Surface applied vinyl graphics to existing wall surface. 2. Surface applied vinyl graphics. LEGEND Paint Dark Metallic, semi gloss PZ ?ai~tt- Cofortomatchstonesample, semi gloss P3 . : at Oeep Red, semi gloss P4 ~ Paint - Co for to match concrete tint, semi gloss O (I Paint - Light Metallic, semi gloss P6 . Paint- Orange, semi gloss 0 . Paint - Blue , semi gloss Pg . Paint- Green, semi gloss O . Paint - Gold, semi gloss P10 . Paint- Violet, semi gloss M1 Material -Stone cladding to match sample Material -Brushed aluminum, horizontal gr'aln Material -Acxylic, clear Material -At~ylic, solar gray Material - Ac~plic, translucent ~nrhite Material -PVC tube, painted, semi-gloss Vinyl -White, reflective Vinyl -Black, semi-gloss, opaque Vinyl - Oark charcoal gray, opaque V4 Vinyl -White, opaque All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. m Q: Service Area DATE REVISED 12.14.07 01.04.08 03,24.08 ©2005 Redmond Schwartz Mark Design Inc. ~ ~ ~~ 1. Banner matenal to be rBaarLcvr,e rsa~ecuae ~.~ ~ Panaflex945GP5orapprrnre 'c~~;~+ ~_ equal. Banner material substra~~~ ~a with lambda quality 3M Scotchcal ~~~~ Ilr di Ital out ut surface a lied to i 9 P ~ PP one side of banner panel. J I ~ ~ 1a. aMScotdtcaloverlaminate a for UV protection to be selected appropriate for digital print ~ ~ process. ~~ _ • • ~ 1b. Graphics applied to one sidE ~ ~ `~ of banner panel surface. '~, r 1 ~ ~, ~' ~ ~ - ~ ~ 3 ~ 1r_.. $E+^r~h2m b~r0 Sides (A and % ~ aft ~~ '~ ` Tamacvun E3 panels)togetherandmountto ~' `~ each slde of lamp post., : , ~~, ~, ~' ~ r , ~ ~ ~ 2. BannerFlexf~ Banner ra ~~ ' ~ ~, ~ Mounting Hardware as manufactured by Kalama ~~ ~~ ~ ~~ , , ~ ~ ~ ~ Banner Works (500.525.~42~ r ~, ~~ ; ,~~ approved equal. 2a. Fiberglass arms (sandca:ri Winter Spring Summer Fall aluminum COIUr~, n1ade Of ~.~ v~sr,ter spring summer rail JV treated fiberglass, are to Banner Family: Option 1 rteattacnedtokeepbanners Banner Family: Option 3 stretched tightlybettR~eenbo' ~~ iop and bottom fiberglass arir:~;. 7_b. Nylon ties to be pmvlde~a c~,; ~ secure banners to main hardware unit, Banding attachment of banner hardware to be of non- rusting stainless steel, painted to ~` ~ I~~- -~t~l ~~~•_ -'~~I III n a match adjacent surface c:olnr :: { ~, ~ III III I~ II III III I~ II I I ~ 3 existing light poles.. ~ ~ I_ ~ I- r ~ ~I~lfr ~ ~ ~ ~ 2c. Banners are to"flex"~~~i~ ~~I. .r - ~. _ ~ ~ significant amount of tJind fo _t, ~~ ,~ ; ~ ~ Attachments to alloy dissipation 3 of possible the wind force, whicta ~~ / ' ~ vaill eliminate the need of banner .' wind slits, breakaway clips and ~~ ~ ~ ~~ of the arm to allow etunle~{6il_l, ~\ ~ - ~ ~ each bannerto tightly stretch:.:. ~ ~ ~ position v~rhen wind subsides ~ ~ ~ ~ 2d. Metal parts of each brat";.. I ~ ~;, I system to be fabricated from ~r aluminum alloy or approved a ~,~ ~ material. ~ ~~ ~ 4. Sign Contactor responsU ~. ~~~ ~, ~ , ~ forverifylny sign locations wi I~ ~ ~ ;; 1 ~ j ~ / 3 designated Client representa~ :c prior to fabrication. ~,, ~ ~ ~ ~ 5. Sample, if accepted, can ~~~~ used in program installation. Winter Spring Summe* Fall Winter Spring Surrmer Banner Family: Option 2 Banner Family: Option 4 DATE REVISE 12.14.a7 ~~, ~ ~-; li- ~ , ~I I i-- ,r': I ~ ~ ~ ,- I ~ 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. ('` unpublished work of Redmond Schwartz Mark Design Inc, and may not be used ~ ~ S Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q C ordisdosedwithoutpriorwrittenconsentofRedmondSchwartzMarkDesignlnc. NOT INTENDED FOR CONSTRUCTION. 1~~ LLLJJJ VV ©2005 Redmond Schwartz Mark Design Inc. Elevation PROMENADE V4 Vinyl -White, opaque Vinyl -Deep Red, opaque V6 Vinyl -Frosted White, transparent PROMENADE DATE REVISE 12.14.07 01.04.08 03.24.08 All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc, and may not be used ~ • E n t ra n e e Door Identity or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. NOT INTENDED FOR CONSTRUCTION. ©20(33 Redmond Schwartz Mark Design Inc. Ec2 EQ EQ EQ ntry Edge, Section ~ Detail Scale: 1/4"=1'-0" FA6RICATOR TO PROVIDE: li I Dra~,wincl~; ^ Eri priaer'in ~ ~aladatioiis ^ It4aterial ,nttihles {QT}': 2} ^ Painted samples on 1/1 b" aluminum 8,5"x11 "{QTY; 2 each color) ^ Layout Patterns ^ Copy ^ Neon ^ V.D.C. Sample line of copy as noted ^ Fabrication Sample ^ "P" "B"letters, ^ Complete signs S9, S18 ^ Fabricator to verify field conditions ^ Priorto fabri~.ation ^ Priorto installation RSM TO PROVIDE LEGEND 1. Fabricated aluminum sign box and entry ^ Ci iir,I lui ait I I Ilhi-rrator p~l ~ Paint Dark Metallic, Matthe~n~s feature frame, Internally illuminatedletterir>g, Paint d h f l ~~3,~ 15.G} MP20307, seml gloss e gestomatc ace co or. ^ Color swatches to match 1 a, Copy routed-out from background surface and ^ Rnish samples M i l A li hi l pushed-thru with acrylic, 1/4"thick beyond cabinet ^ Material samples ater a cry c, w te trans ucent NIS face, white. Bad;-up pushed-thru acrylic character Plexiiglas 2447, White with white acrylic on inside surface of cabinet, Secure center of lettering with pins and adhesive, Internally illuminated copy. 1 b. Illumination, white. 1 c. Full length non-visible continuous hinge on front facing surface. Paint hinge to match a~acent cabinet surface, 1 d. Tamperproof mechanical fastener dosures on bottom panel side. Paint visible mechanical fasteners to match adjacent cabinet surface. 2. Signcontractortofieldverifyalldimeruions and conditions priorto fabrication. 3. Sign contractorto report any discrepancies in conditions and dimensions affecting graphic layouts to designated Designer representative, CO ~Q" I 2._,. T ~~ CO ~Q" DATE REVISED ~ Section Q~ ,Q[~,Q 03.24.0 Alldrawingsandwriltenmaterialappearinghereinconstituteoriginalard DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Ina and may not be used or c6sdosedwithoutpriorwriltenconserAofRedmondSchwartzMarkDesignlne NOT INTENDED FOR CONSTRUCTION. ©2008 Redmond Schwartz Mark Design Inc, pA.1: Parking Entry ~ East Garage ~ East Entry 1 FARRICATDR TO PROVIDE; ^ 5hop Dravuings ^ Engineering Calculations ^ Material samples (C2TY: 2} ^ Painted samples on 1/15" aluminum 8.5"x11 "{QTY: 2 each color} ^ Layout Patterns ^ Copy ^ Neon ^ V.D.C. Sample line of copy as noted ntry Edge, ^ Fabrication Sample ^ "P", "B" letters. ^ Complete signs S9, S18 ^ Fakxicator to verify field conditions ^ Prlortofabrication ^ Prior to installation RSM TO PROVIDE ^ C>igital line art (Adobe Illustrator CS:i/13.Q} ^ Color s7Natches to match ^ Finish samples ^ Material samples ~r Section ~ Detail Scale: I /~°=1'-0" Elevation (Sign Type pC~ ^o l l I LEGEND Paint Dark Metallic„ Matthews MP20307, semi gloss Material Acrylic, white translucent Plexiiylas 2447, White N N ~ ~~ 2'-1 ~~ Section Scale: 1/4"=1'-0" DATE REVISED 12.14.07 a~ .a4.o8 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. 24'-0" (Fielr~l Verify) CenterC:opy/Garage Entry Opening, -2 I DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. pA.2: Parking Entry ~ East Garage ~ East Entry 2 1 Fabricated aluminum sign box and entry feature frame. Internally illuminated lettering. Paint edges to match fare color. 1 a. Copy routed-out from background surface and pushed-thru with acrylic, 1/4" thick beyond cabinet face, +r<rftite. Back-up pushed-thru acrylic character with white acrylic on inside surface of cabinet. Secure center of lettering with pins and adhesive. Internally illuminated ropy. 1b. Illumination, white. 1 c. Full length non-visible r:ontinuous hinge on frontfacing surface. Paint hinge to match adjacent cabinet surface. 1d. Tamperproof mechanical fastener closures on bottom panel side. Paint visible mechanical fasteners to match adjacent cabinet surface. 2. Sign contractor to field verify all dimensions and conditions prior to fabrication. 3. Sign contractor to report any disaepenries in conditions and dimensions affecting graphics layouts to designated Designer representative. CO CQ A ©2008 Redmond Schwartz Mark Design Inc. Section Detail Scale: 1!4"=1'-0" i FABRICATOR TD PROVIDE: ^ Shop Dra~~~rlnys ^ Engineering Calculations ^ Material samples (r7Fl` 2) ^ Painted samples on 1/1h"aluminum 8.5"x11 "(QIY: 2 each color) ^ Layout Patterns ^ Copy ^ Neon ^ V D.C. Sample line of copy as noted ntry Edge, ^ Fabrication Sample ^ "P", "B" letters. ^ Complete signs S4, 518 ^ Fabricator to verify field conditions ^ Prior to fabrication ^ Prior to installation 34'-3" (Field Verify) RSMTO PROVIDE ^ Digital line art (Adobe Illustrator CS3~13.0) ^ Color swatches to match ^ Finish samples ^ Material samples GenterCc>py/Garage Entry Opening ~i LEGEND P1 , Paint Material 1. Fabricated aluminum sign box and entry Dark Metallic, Matthews feature frame. Internally illuminated lettering, Paint MP20:i0J, semi gloss edges to match face color. 1a. Copy routed-out from background surface and pushed-thru with ac:rylic,1/4" thick beyond cabinet Acrylic, vuhite translucent, {ace, white. Bark-up pushed-thru acrylic character Plexiiglas 2447, White with white acrylic on inside surface of cabinet. Secure center of lettering with pins and adhesive. Internally illuminated ropy. 1 b. Ilium (nation, v~ihite. 1c. Full length non-visible continuous hinge nn front facing surface. Paint hinge to match adjacent cabinet surface. ~ 1 d. Tamperproof mechanical fastener closures on bottom panel side. Paint visible mechanical fasteners to match adjacent cabinet surface. ~ 2. Sign contractor to field verify all dimensions and conditions prior to fabrication. 3. Sign contractor to report any disrrepenr_.ies in conditions and dimensions affecting graphics layouts to designated Designer representative, I ~ N %f// r Elevation s~l~ va~°=~'-o" I I c~ 1 DATE REVISE 12.14.07 7~~ 01.04.08 5ection ~~dl~ , ~~"_,'-0" 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. pA.3: Parking Entry ~ West Garage ~ West Entry ©2008 Redmond Schwartz Mark Design Inc. FABRICATOR TO PROVIDE: ~ 5hap Drawings ^ Enyineering Calculations ^ Material samples (QTY: 2} Painted samples on 1/16" aluminum 8.5"x11 "{QTY: 2 each solar} ~ Layout Patterns ~ Copy ^ Neon ^ V.D.C. Sample line of copy as noted ntry Edge, LEGEND O . Paint Dark Metallic, Matthews MP203(17, semi gloss ~ Material Aayllc,!whlte translucent Plexiiglas 2447, White Section ~ Detail Scale: 1/4"=1'-0" ^ Fabrication Sample ^ "P" "B" letters. ~ Complete signs S9, S18 ^ Fabricator to verify field conditions ^ Prior to fabrication ^ Priarto installation 25'-1©" (FieldUerify} RSM TO PROVIDE ^ Digital line art (Adobe Illustrator CS:i/13.0} ^ Color snatches to match ^ Finish samples ^ Material samples ;2 ___ ~ CenterC:opy/Garage Entry Opening I -- li r r i i i 0 ~ (Sign Type pCj Elevation Scale: 1l4"=1'-0" i i ~ ~, 1. Fabricated aluminum sign boxand envy feature frame. Internally illuminated lettering. Paint edgesto matdtface color. 1a. Copy routed-out from background surface and pushed-thru with acrylic„ 1/4" think beyond cabinet face, white. Bac~C-up pushed-thru acrylic character with uvhite ac:rylir. an inside surface of cabinet. Secure center of lettering with pins and adhesive. Internally illuminated copy. 1b. Illumination, white. 1c. Full length non-uisible continuous hinge on frontfacing surface. Paint hinge to matcf~ adjacent cabinet surface. 1d. Tamperproof mechanical fastener closures nn bottom panel side. Paint visible mechanical fasteners to match adjacent cabinet surface. 2. Sign contractortofield verify all dimensions and conditions prior to fabrication. 3. Signs.ontrartortorepo~tanydlsaepencies In conditions and dimensions afferTing graphic layouts to designated Designer representative. Section Scala; 1/4°=1'-0" All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. pA.4: Parking Entry ~ West Garage ~ North Entry DATE REVISED 12.14.07 01.04.08 03.24.08 ©2003 Redmond Schwartz Mark Design Inc. 1b ,. Plan View Scab: 1i~ =1'-_. 8 ,U/I~ P5 Elevation Sicle View Scale: 11Y'=1'-0" Sca le: 1/2"=1 `-0" 1. Fabricated aluminum pylon with access feature. Internally illuminated copy and symbols, as noted, painted faces and edges. 1a. Copy routed-out from pylon surface faces, pushed-thru with acrylic:,1/8" thick beyond cabinet face, white. Back-up pushed-thru acrylic dr~racter with white aaylic on inside surface of cabinet. Secure centers of lettering with pins and adhesive ("A", "P").Internally illuminated ropy. Illumination, white. 1b. Full length non-visible continuous hinge on roadr~ray facing surface. Paint hinge to match adjacent cr3binet surface. 1c. Tamperproof mechanical fastener closures on non-roadvaay facing side. Paintvislble mechanical fasteners to match adjacent cabinet, SUriaCP,. 1d. c:ounter unitfeatures to be as manufac3ured by TSC International >78-519-9545). Unit to have 6-1l2" high ~aracters (green for numbers, red for "Full" cPY)~ FABRICATOR TO PROVIDE: ~ Shop Drawings ^ Engineering Calculations ^ Material samples (QTY: 2) ^ Painted samples on 1/16" aluminum E.5"x11 "(QTY: 2 each color] ^ Layout Patterns ^ Copy ^ Neon ^Tile Pattern ^ V.D.C. Sample line of copy as noted ^ ^ Fabrication Sample ^ "P" "B" letters. ^ Complete sign ^ As specified on drawing ^ In production review ^ Fabricator to verify field conditions ^ Prior to fabrication ^ Prior to installation RSM TO PROVIDE ^ Digital line art, copy (Adobe Illustrator CS3/13.0) ^ Color swatches to match ^ Finish samples ^ Material samples ^ Color comp 1e. Provide e:oncrete base, natural concrete color, ~>'~ith appropr iate footing necessary to withstand necessary vvindloading and local ~Rreather conditions. 2. Fabricated aluminum "P"disk, opaque, painted fares and returns. Internally illuminated "P".Illumination, white. 2a. Copy routed-out from "P"disk dimensional center face and pushed-thru with acrylic,1/4" thick beyond cabinet face, white. Bar1C-up pushed-thru acrylic character with white acrylic on inside surface of cabinet. Secure center of lettering with pins and adhes'nre. Internally illuminated copy. Illumination, r><rhite. i. Fabricated aluminum arrow disks with opaque dimensional center, painted faces and edges. .ia. Arrow symbol routed-out from face and pushed-thru with acrylic, 1/8" thick beyond cabinet face, white on inside surface of cabinet. Internally illuminated arrow form. Illumination, white. 4. Surface applied non-reflective vinyl copy. LEGEND Paint Dark Metallic, Matthews MP203U7 l l sern g oss P3 . Paint Deep Red, Matkhe~nrs MP22291 semi gloss O I' Paint Light Metallic, Matthe~r<!s MP18101 semi gloss Pb . Paint Orange, Benjamin Moore Autumn Orange 2156-10 semi gloss O . Paint Blue, Benjamin Moore Buckland Blue HC-151 semi gloss P3 ~ Paint Green,Benjamin Moore Forest Moss 2146-20 semi gloss O Paint Gold, Benjamin Moore Yellow Marigold 2155-30 semi gloss P10 . Paint Violet, Benjamin Moore Autumn Purple 2073-20 semi gloss M5 Material Acrylic, th~hltetranslucent Plexiglas 2447, White V4 Vinyl White, semi-gloss, opaque 3M Scotchcal 7725-10 All drawings and written material appearing herein constitute original and DRAWING FOR DESIGN INTENT ONLY. unpublished work of Redmond Schwartz Mark Design Inc, and may not be used p L: Parking C a p a e ~ ty ~ R o a d Wa y or disclosed without prior written consent of Redmond Schwartz Mark Design Inc. NOT INTENDED FOR CONSTRUCTION. ©2008 Redmond Schwartz Mark Design Inc. DATE REVISED 12.14.07 01.04.08 03.24.08 1b - ~ - -" i oa Plan View 2'-9'• 2~ ~~~ RSM TO PROVIDE ^ Digital line art copy (Adobe Illustrator CS3./13.0) ^ Color swatches to match P1 ^ Flnlsh samples ^ Material samples ^ Color comp 1 1. Fabricated aluminum pylon with reveal and { ~ y access feature. Internally illuminated copy, as Jj ~ noted, painted faces and edges. . ~ 1 a. Copy routed-out from pylon surface faces, pushed-thru with acrylic,118" rhlck beyond cabinet face, white. Back-up pushed-thru acrylic character with white acrylic an inside surface of cabinet,. Secure centers of lettering with pins and adhesive ("A", "P").Internally illuminated ropy. Illumination, white. ~ 1b. Full height non-visible continuous hinge on rear cabinet surface. Paint hinge to match ~ adjacent cabinet surface. 1r, Tamperproof mechanical fastener closures. Paint visible mechanical fastenersto matcJ~ ~ adjacent cabinet surface. 1d. Counter unit features to be as manufactured by TSC International (978-579-9545). Unit to have 6-112" high characters {green for numbers, red for "Full" copY)• 1e. Provide concrete base, natural concrete color, with appropriate footing necessary to • withstand necessary windloading and local weather conditions. 2. Fabricated aluminum "P" disk, opaque, ~ i painted faces and returns. Internally illuminated "P".Illumination, white, ~ ~ ~ 3. Surface applied non-reflective vinyl copy ~~ ~~~ Elevation Scale: 3/~1"=1'-0 FABRICATOR TO PROVIDE: ~ Shop Drawings ^ Engineering Calculations ^ Material samples (QTY: 2j ~ Painted samples on 1/1b" aluminum 8.5"x11 "{QTY: 2 each color) ^ Layout Patterns ^ Copy ^ Neon ^Tile Pattern ^ V.D.C. Sample line of copy as noted ^ Fabrication Sample ^ "P" "B" letters. ^ Complete sign ^ As specified on drawing ^ In production review ~ Fabricator to verify field conditions ~ Prior to fabrication ~ Prior to installation fl~ Sicle View Scale: 3!4"=1'-0 LEGEND O . Paint Dark Metallic, Matthews MP20307 semi gloss Paint Deep Red, Matthews MP22291 semi gloss O I I Paint Light Metallic, Matthews MP18101 semi gloss Pb ~ Paint Orange, Benjamin Moore Autumn Orange 2156-10 semi gloss O . Paint Blue, Benjamin Moore Buckland Blue HC-151 semi gloss P8 ~ Paint Green,Benjamin Moore Forest Moss 2146-20 semi gloss Paint Gold, Benjamin Moore Yellow Marigold 2155-30 semi gloss P10 . Paint Violet, Benjamin Moore Autumn Purple 2013-20 semi gloss Material Acrylic„ white translucent Plexiglas 2447, White DATE REVISE V4 Vinyl White, semi-gloss, opaque 12.14.07 3M Scotrf~cal 7725-10 01.04.08 03,24.08 All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. pM: Parking Capacity ~ Master Sign ~ East Garage ©2008 Redmond Schwartz Mark Design Inc. 1b ~. _ - 1 Plan View Scale: 3,'4"=1`-0 2• ~y,~ N N 2' E~~~ RSM TO PROVIDE ^ Digital line art copy (Adobe Illustrator CS3113.0) ^ Color swatches to march P1 ^ Finish samples ^ Material samples ^ Color romp ,~ Elevation 1 Fabricated aluminuminum pylon vrirh reveal and access feature. Internally illuminated ropy, as noted, painted faces and edges. 1a. Copy routed-out from pylon surface faces, pushed-thru !vith acryllr.,1/8" thldc beyond cabinetface, +r~hite. Back-up pushed-thru acrylic rJtaracter with white acrylic on inside surface of cabinet. Secure centers of lettering with pins and adhesive {"A", "P").Internally illuminated ropy. Illumination, white. 1b. Full length non-visible continuous hinge on rear cabinet surface. Paint hinge to match adjacent cabinet surface. 1c. Tamperproof mechanical fastener closures. Paintvisible mechanical fasteners to matdt adjacent cabinet surface. 1d. Counter unit features to be as manufactured by TSC International (473-579-9545). Unit to haveb-1 /2" high chararters (green for numbers, red for "Full" coPY)~ 1e. Provide con~xete base, natural concrete color, with appropriate footing necessary to withstand necessary r><<Indloading and local weather conditions. 2 Fabricated aluminum "P" disk, opaque, painted faces and returns. Internally illuminated "P".Illumination, white. 3 Surface applied non-reflective vinyl ropy. 1 LEGEND P1 ~ Paint Dark Met211ir„ Matthews MP20307 Semi BUSS P3 . Paint Deep Red, Matthe~n~s MP22291 semi gloss P5 ~ ~ Paint Light Metallic, Matthews MP13101 semi gloss P6 ~ Paint Orange, Benjamin Moore Autumn Orange 2156-10 semi gloss p7 . Paint Blue, Benjamin Moore Buckland Blue HC-151 semi gloss O . Paint Green,Benjamin Moore Forest Moss 2146-20 semi gloss Paint Gold, Benjamin Moore Yellw,v Marigold'2155-30 semi gloss P10 ~ Paint Violet, Benjamin Moore Autumn Purple 2073-20 semi gloss M5 Material Acxylic, ~r<rhite translucent Plexiglas 2447, White All drawings and written material appearing herein constitute original and unpublished work of Redmond Schwartz Mark Design Inc, and maynot be used or dlsdosed without prior written consent of Redmond Schwartz Mark Design Inc. DRAWING FOR DESIGN INTENT ONLY. NOT INTENDED FOR CONSTRUCTION. pMM: Parking Capacity ~ Master Sign ~ West Garage FABRICATOR TO PROVIDE: ^ Shop Drarwings ^ Engineering Calculations ^ Material samples (tiTY: 2) ^ Painted samples on 1/16" aluminum 3.5"x11 "(QTY 2 each color) ^ Layout Patterns ^ Copy ^ Neon ^Tile Pattern ^ V.D.C. Sample line of copy as noted ^ Fabrication Sample ^ "P" "B" letters. ^ (::omplete sign ^ As specified on drawing ^ In production review ^ Fabricator to ~~erify field conditions ^ Priortofabrication ^ Priorto Installation DATE REVISED 12.14.x7 a~ .a4.a8 a3.24.a8 ©2003 Redmond Schwartz Mark Design Inc. Side View xale: 314"=1'-0 ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN (SP NO. 263} TO AMEND THE SIGN CRITERIA AND TO ALL01N DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 2 AND 3 LOCATED AT THE SOUTHEAST CORNER OF N1INCHESTER ROAD AND YNEZ ROAD {PLANNING APPLICATION NUMBER PA08-0081) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. That the City Council of the City of Temecula does hereby find, determine and declare that: A. On October 11, 1994 the City Council approved the Temecula Regional Center Specific Plan No. 263 and Environmental Impact Report No. 340. B. On July 27, 1999 the City Council approved Amendment Na. 1 to the Temecula Regional Center Specific Plan No. 263 to allow a 21-foot high entertainment marquee. C. On February 21, 2007 the Planning Commission approved Planning Application No. PA06-0293, Promenade Mall Expansion. D. On March 28, 2008, Kenneth Lee, representing Forest City Development, filed Planning Application No. PA08-0081, Specific Plan Amendment No. 2 to amend the sign criteria for the Mall Expansion and to amend the permitted use table to allow "personal service establishments" in Planning Areas 1 and 2, in a manner in accord with the City of Temecula General Plan and Development Code. E. The application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. On June 4, 2008 the Planning Commission considered the application at a duly noticed public hearing as prescribed by law, at which time the City staff and other interested persons had an opportunity to, and did testify in either support or opposition to this matter. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder. G. The City Council considered the Application on June 24, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. H. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application and Negative Declaration after finding that the project proposed in the Application conformed to the City of Temecula General Plan. Section 2. Further Findings. The City Council, in approving the Application, hereby makes the following Findings as required in Chapter 17.16.020.E of the Temecula Municipal Code. A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code; The proposed Specific Plan Amendment does not change the land use of the Speci~rc Plan, which maintains consistency with the General Plan. The proposed Sign Program is consistent with the Development Code and staff has made the appropriate findings to support the Sign Program, !n addition, allowing `day spas' as a permitted use is consistent with the Development Code allowing `personal service shops' as a permitted us in all commercial zones. B. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; The proposed Speci~rc Plan Amendment to modify the Sign Criteria and allow "day spas" as a permitted use will not be detrimental to the public interest, health, safety, convenience or welfare of the City as supported in the conclusion of the Initial Study for this project. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments; The subject property is currently developed as a major shopping center and surrounded by other urban uses. The proposed amendment does not change the land use designations of the Specific Plan. The proposed Sign Program wr"Il allow taller and varied signage from previously identified in the Specific Plan and allow `day spas' as a permitted, rather than conditional use. The subject property is physically suitable for this type of development. D. The proposed Specific Plan shall ensure development of a desirable character which will be compatible with the existing and proposed development in the surrounding neighborhood; The proposed Specific Plan Amendment will accommodate modified signage to improve the aesthetics and compatibility with the existing and surrounding development. Allowing `day spas' as a permitted, rather than conditional use will not have a negative impact on the surrounding neighborhood as documented in the Initial Study for the project. Section 2. Environmental Compliance. Pursuant to California Environmental Quality Act {"CEQA"} City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment, as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. The City Council has reviewed the Negative Declaration, and based on the whole record before it finds that {1 } the Negative Declaration was prepared in compliance with CEQA; and {2} there is no substantial evidence that the Project will have a significant effect on the environment. Based on the findings set forth in this Ordinance, the City Council hereby adopts the Negative Declaration prepared for this project. Section 3. Specific Plan Amendment. The City Council of the City of Temecula hereby approves Planning Application No. PA08-4081, Amendment No. 2 to the Temecula Regional Center Specific Plan No. 263 as shown on Exhibit A. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, 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 adapted by the City Council of the City of Temecula at a meeting thereof held an 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 TABLE IIA SCHEDULE OF PERMITTED-USER Planning Areas 1, 2 .and 3 Planning Area DESCR.IPTiON OF USE ------ -_---- ----- 1 2 3 heather Goods Stores P . P X Liquid Petroleum. Service Stations, not including the concur- rent sale of beer and wine, provided the total capacity of all P P X . tanks shall not exceed 10;000 gallons Liquid Petroleum Service Stations; including the concurrent sale of beer and wine for off-premise consumption, provided C C X the total capacity of all tanks shall not exceed 10,000 gal- Ions Liquor Stores P P X., , Locksmith Shops P P X 1VIai1 Order Businesses P P P Manufacturer's Agents P P P Manufacturing of products similaz to, but not limited to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building, such as jewelry, furniture, art objects, clothing, labor intensive X X P manufacturing, assembly, and repair processes which do not involve frequent truck traffic. Mazkets, including but not limited to Food, Wholesale, Produce, Fruit, Vegetable, Fish, and Poultry and Meat P P X Markets, but not including Slaughtering .Massage Parlors, Turkish Baths and Similar Personal p p X Service Establishments Mini-Storage or Mini-Wazehouse C C C (3) The maximum height for parking lighting fixtures shall not exceed forty Feet (40'). Or¢-Site Signs: (1) Retail Commercial Entrv Monumentation (a) Major entry monumentation signage is intended to identify the project entry and shall not exceed on any one side an area of 54 square feet (name and logo only) with a support area not to exceed 155 square feet, nor shall the sign exceed 23 feet in height. Letter type styles and colors shall be reviewed and approved by the City during the Development Plan Review process. Major entry monumentation signage shall be limited to the project name only and located at major entry points. (b) Planning Area 2 Only: Regional center monumentation signage shall be limited to one major perimeter site edge or corner provided, however, that no more than one (1) regional center monumentation sign with a maximum height of twelve feet (12'-0") may be erected pursuant to approval by the Planning Commission. (c) Maximum tenant sign area for Minor Entry Monumentation (with tenant listings) shall be equal for each tenant and shall not exceed twelve (12) square feet with a total tenant signage area not to exceed one hundred (]00) square feet, nor shall The sigr exceed twenty three (23) feet iu height. Tenant listings shall be at the discretion of the property developer with approval by the City. Secondary tenants shall be defined as businesses with less than 20,000 square feet of gross leasable area. Colors and letter type styles shall be reviewed and approved by the City during the Development Plan Review . process. Freestanding monument signs shall have a minimum separation of two hundred feet (200'). (2) Re[ail Commercial Buildine Identification Sienese (a) The surface area of building identification signage for anchor tenants " shall not exceed ten percent (] 0%) of the surface area of the front and side walls of the building. Maximum letter height shall not exceed five feet (5') unless approved by the City during the Development Plan. Review process. (b) The surface area of building identification signage for anchor tenants shall not exceed five percent (5%) of the surface area of the rear face of the building. Maximum letter height shall not exceed five feet (5') lII-61 (b) Fully illuminated sign cans for office and institutional use signage shalt not be permitted, although signage may be illuminated by halo lit individual letters, concealed ground level flood lights, or back cut letter signs in a metal can. Hotel uses may utilize fully illuminated sign cans. (c) Signage far building addresses shall be provided on every main building, preferably as close to the main entrance as possible. Numerals shall be no larger than twelve inches ' (12") and no smaller than eight inches (8") in height. In no event shall the numerals appear to be the dominant graphic device on the fapade of any building. (4) Leasin , Temporarv and Directional SignacP (a) Leasing, temporary, and future facilities signage shall be permitted provided the maximum area does not exceed thirty-two (32) square feet, nor shall the height of the sign exceed eight feet (8') above finished grade. (b) Multiple tenant directory signs. and parking directional signage shalt be permitted; provided, however,. that the maximum sign area does not exceed forty (40) square feet or six feet (6') in height. {c) Temporary signs are those signs which advertise or promote a special event, such as an opening, or offering of a new product or service and are easily removed. Temporary winddw signs are allowed provided they meet the following criteria: • Sign graphics of any nature painted directly on a window shall not be considered a temporary window sign. • A window sign advertising or promoting any product or service offered an a regular basis or at a regular price shall not be considered a temporary window sign. • Temporary window .signs shall not be illuminated, shall be limited to twelve percent (12%) of the tenant's storefront glass area, and shall be displayed no more than fourteen (14) days. • Flashing or moving signage is prohibited (d) Site Directional ,signage shall be permitted; provided, .however, that the maximum sign area does not exceed seventy eight (78) square feet with an overall height not exceeding five (5} feet above finish grade. Secondary Site Directional signage shall be permitted; provided, however, that the maximum sign area does not exceed thirty three (33) square feet with an overall height not exceeding five (5) feet above finish grade... III-63 Freestanding Directional signage shall be permitted; provided, however, that the maximunm sign area does not exceed six (6) square feet per face (with no more than four faces) with an overall lmeight of the support not exceeding eleven (L I) feet above finish grade. Wall Mounted Directional signage shall be permitted; provided, however, that the maximum sign area does not exceed six (6) square feet par face (with no more than two faces) with an overall height of the mounting location not exceeding eleven (I ] ) feet above finish grade. III-G3 a E. SIGNAGE GUIDELINES This section does not apply to the mall and mall entry monument signs, refer to mall sign program. Signage is an important element contributing to the identity of Temecula Regional Center. The following guidelines are intended to produce a consistent Signage design that reinforces the collective image of Temecula Regional Center as a superior retail and business location, while maintaining opportunities for individual identity of each parcel. All signs shall be designed and constructed in conformance with these guidelines. Signage design as well as location, size and number of signs shall be subject to review and approval by City of Temecula for conformance to these guidelines. This will be done in conjunction with development plan submittals for individual projects. 1. Commercial Core Sienaee The commercial core will become. a significant landmark for Temecula and Riverside County; the Signage shall, therefore, reinforce this landmark image. Many different levels of Signage are required for a commercial core, each part of a cohesive graphics program. The following types of Signage are allowed: a. Major Site Identity Sign This type of sign may be part of a freestanding architectural element. lts chief objective is to identify the center as a whole from as far away as possible. Distinctive graphics, materials, colors and lighting devices shall be used to incorporate this sign into the overall design theme of the Center. This sign shall particularly be read frmn Ynez, Margarita, Overland and Winchester Roads. Only anchor tenants and project name shall be identified on this Signage element. b. Primary Entrance Sign Identifies primary project driveway entrances, includes project name and logo symbol 2. Retail Commercial Siena>?e a. Primary Teriant Monolith (refer to Figure 27K) ]dentifies anchor tenants. Signs of this type shall be limited to major and minor entry points. Internally illuminated sign structure with pierced typography. Tenant identity must fit within graphic area as specified on Figure 27K. Sign area per tenant is forty two (42) square feet. Anchor tenant letter type and colors may be allowed, subject to approval by the City, Total Signage area not to exceed sixty eight (68) square feet. IV-55 __ Building signs are limited to one sign per street frontage. Either a building mounted sign or a .ground level monument sign niay be used on the same street, but not both. d. Crround Floor Commercial Tenants and Restaurants This wall sign type is reserved for commercial tenants and restaurants requiring special ground floor recognition. Special signing treatments on entrance awnings or canopies are allowed. 4. Theaters and Special Event Facilities Identification and program information for theaters and special event facilities may be provided by theater monuments and/or marquee signs. These signs, if provided, shall consist of a permanent portion displaying the name of the theater, auditorium; hotel or special event facilities and, if desired, may also include changeable section accommodations program information. These signs may be either attached directly to the building or erected as freestanding signs. These signs shall .not extend above the height of the predominant roofline of the building if attached directly to the building. Freestanding signs cannot exceed a maximum of twenty three (23) in height. These signs may be illuminated internally; however, the permanent portion must have an opaque baclcgrottnd, with only the message portion illuminated, and set up for changeable letters. 5'. Building Address Building address numbers shall be displayed on every building at or as close as possible to the tnain entrance. The numerals shall face the street, access the road or the approach walkway, as necessary. The address numbers may be non-illuminated and of a material and form consistent with other building identification signing sued on the same structure or with materials listed in previous sections. Number height shall be no larger than 12" and no smaller than 8". The numbers may not appear to be the dominant graphic device of the facade of any building. 6. Vehicular and Pedestrian Sims Vehicular and pedestrian signs provide information, directions and regulations for exterior parking and circulation on site. To keep their number to a minimum, vehicular and pedestrian .signs shall be placed only where information is required. The use of symbols to reinforce information (such as no parking, loading zone and handicapped parking) is encouraged. Wording shall be kept to a minimutn. The signs may be constructed of aluminum, fiberglass, stone or concrete. Stucco is an unacceptable material. Colors for the sign shall harmonize with project architectural colors and include white. Color, style and letter height of all copy on the same sign shall be coordinated and consistent with building design. A!1 copy will be silk-screen painted or vinyl die cut..Height IV-66 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 4, 2008 PREPARED BY: Cheryl Kitzerow/Matt Peters, Associate Planner PROJECT Planning Application Numbers PA08-0003 and PA08-0081: SUMMARY: A Specific Plan Amendment {Minor) to the Temecula Regional Center (TRC) Specific Plan regarding signage, as well as a change to the land use matrix for Massage Parlors, Turkish Baths and Similar Personal Service Establishments ("Day Spas"). Proposed changes include increasing sign heights from 12 to 23 feet for entry monuments, increasing the allowable sign area for entry monuments and site directional monuments, allowing for new monument signs {secondary site directionals, pedestrian freestanding directionals and wall mounted directionals), and off- premise signage on the new parking structures, not previously anticipated. In addition, the proposed land use matrix change would allow Day Spas as a permitted use. A Sign Program for the Promenade Mall Main Street Expansion and entry updates including: entry monuments, site directional, mall entrances, parking garage directionals and car counters, parking lot directionals, directories, valet, banners, blade signs, and Main street tenant signs. CEQA: Negative Declaration Section 15070 BACKGROUND SUMMARY On February 21, 2007 the Planning Commission approved Planning Application No. PA06- 0293, aDevelopment Plan to expand the Promenade Mall by 125,950 square feet with an outdoor life-style main street shopping center consistent with square footage allowed in the Temecula Regional Center Specific Plan. This application also included a Conditional Use Permit to construct two parking structures. At the time of approval the elevations and other plan details were mostly conceptual. The applicant explained that along with the expansion, plans to `makeover' the existing mall would be proposed; therefore the Planning Commission placed the following condition an the project: "The applicant shall submit a comprehensive plan for facade improvements and signage modifications to the existing mall buildings/signs for the review and approval of the Planning Commission (as a current business item - no public hearing) of the City to ensure the expansion is compatible with the existing center (modified by Planning Commission 2/21/Q7). " On January 7, 2008, Forest City submitted a Master Sign Program. The intent of the new signs is to replace the existing signs characterized by pinwheels and jazz instruments in primary colors with a more timeless and classical look highlighted by neutral colors, and a bronze/cursive "P" Promenade Mall logo. The applicant has described the new design theme as promoting "sophistication and elegance." These new monuments would compliment the revised architecture for the mall entries that was approved by the Planning Commission in December 2007. Upon review of the initial Sign Program submittal, staff determined the proposed signage was inconsistent with the Temecula Regional Center Specific Plan No. 263, and a Specific Plan Amendment would be required. On March 28, 2008, Forest City submitted a Minor Specific Plan Amendment to modify the signage criteria in the Temecula Regional Center Specific Plan. Also included with the Specific Plan Amendment is a change to the allowable use matrix to permit Day Spas without a Conditional Use Permit in Planning Areas 1 and 2 (consistent with the Development Code). The IBC reviewed the proposed signage on April 8, 2008 and April 22, 2008, at which time they expressed their support for the proposal. Staff has worked with the applicant to ensure that all concerns have been addressed. ANALYSIS Specific Plan Amendment The proposed Specific Plan Amendment (SPA) is a request to modify the Temecula Regional Center Specific Plan for monument signs, directional signs, theatre signs, to replace the Design Guidelines for the Mall with the proposed Sign Program, and to allow Day Spas as a permitted use. The changes include the request to increase sign heights from 12 to 23 feet for three entry monuments, increasing the allowable sign area for entry monuments and site directional monuments, allowing for new monument signs (secondary site directionals, pedestrian freestanding directianals and wall mounted directianals), and off-premise signage an the new parking structures, not previously anticipated (as indicated on the attached strike-thru/underline version). In addition, the proposed land use matrix change would allow Day Spas as a permitted use. Sign Size and Height Below is a comparison table identifying the current Specific Plan requirements and proposed Specific Plan Amendment. Specific Plan Requirement Proposed Specific Plan Amendment Page 111-69 Identified as "Primary Entry Monumentation" Change to "Major entry monuments" -allow five -identifies anchor tenants, 12-feet maximum at maximum 23 feet, identifies project (Sign A1) height "Primary Entry Monument" - 36 feet in height Change to "Regional Center Monument" -one (PA 2 only) sign with maximum height of 12 feet (Sign A2) "Secondary Tenant Monuments" -six-feet Change to "Minor entry monuments with tenant maximum height listing" - 23 feet in height (Sign A4) and "Minor Entry Monuments with theatre marquee" - 22.5 feet (Sign A3) Addresses required on all monument signs Deleted; not on existing signs; not required on monuments per Fire/Police Page IIJ-fi3 "Directional Signs", three-feet max height Change to "Site Directionals", "Secondary Site Directionals" (new), "Freestanding Directionals" (new), and "Wall Mounted Directionals" (new) "Site Directionals" -five feet (Similar to existing provisions for "Secondary Tenant Monuments") (five locations -Sign B) "Pedestrian Signs" (Page IV-66 -Design "Freestanding Directionals" -11-foot maximum, Guidelines only) six square feet per face with four face maximum sign area (Sign K) "Wall Mounted Directionals" - 11-foot maximum, six square feet per face with two face maximum si n area Si n L "Tenant/Parking directional signs, six feet, 40 Secondary Site Directionals -five feet, 33 square square feet feet maximum sign area (five locations -Sign C} Page IV-b5 Add text that Design Guidelines do not apply to Mall Expansion or entry monuments (these standards are in proposed Sign Program) Page 1V-fi6 Theater and Special Event Facilities (cinema Increase height to 23 feet sign) 21 feet in height Off-Site Signs The applicant is proposing to add off-premise signs to the east and west parking structures per an agreement Forest City has with two major tenants. On the east parking structure, an Edwards Cinema sign with 24-inch high letters (Times New Roman font with Edwards logo, which is consistent with the existing signs far the Cinemas) would be added to a tower element on the south elevation facing the Ring Road. On the west parking structure, two Macy's signs with 24-inch high letters would be located on the south and west elevations of the corner tower element. Allowable Use Matrix Also included in the proposed Specific Plan Amendment is a modification to Table IIA, Schedule of Permitted Uses, to allow "Massage Parlors, Turkish Baths and Similar Personal Service Establishments" (Day Spas) as permitted ("P") uses in Planning Areas 1 and 2. The proposed change would be consistent with the commercial zoning districts throughout the City where such uses do not require a use permit, but are rather permitted uses. When originally approved in 1994, the Specific Plan was surrounded by vacant residential and commercial lands. Over the past 14 years, the surrounding area has been developed into a thriving commercial area, with residential uses to the east. The intensity of development has changed the character of the project site. The proposed sign height increases, and additional sign types for the mall will be consistent with the commercial intensity of the project site and surroundings. The signs will be designed as up-scale and enhanced structures. Also, the intent of the new signs is to replace the existing signs, which are characterized by pinwheels and jazz instruments in primary colors, with a more timeless and classical look highlighted by neutral colors, and abronze/cursive "P" Promenade Mall logo. The applicant has described the new design theme as promoting "sophistication and elegance" and is intended to compliment the revised architecture for the mall entries that was approved by the Planning Commission in December 2007. The new signs will enhance the visual character and quality of the site and its surroundings. There are five new entry monument signs proposed to replace five that already exist. The two existing monument signs at Winchester East and West are 23 feet high and would be replaced with signs the same height. The other three signs at Ynez Road South, Ynez Road North, and Margarita Road are ten feet tall, but would be replaced with 23-foot high entry monuments. The height increase is consistent with the intensity of surrounding development. The proposed allowable use matrix change to allow Day Spas as a permitted use is consistent with the City's Development Code for all commercial districts. All future Day Spas would be subject to design review and approval per City standards, including the requirement for a Massage Establishment permit, as appropriate. Sign Program Many of the components of the proposed Sign Program {monuments/directionals) have been discussed above. In addition to these signs, the Sign Program provides for Sign Design Criteria for all tenant identification signs for the Promenade Mall Main Street expansion, plus on-site vehicle and pedestrian directory signs. Each tenant on Main Street will be required to have a fascia and blade sign. Optional signs depending on architectural elements and applicability to each individual building facade include vertical marquee signs, canopy signs, wall mounted plaques, window graphics, awning graphics, and inlaid vestibule floor signs. Staff has reviewed the design and location of all other signs including directionals, banners, and valet identification for consistency and appropriate location so as to avoid clutter and promote efficient and effective sign location and design {Exhibits 15 and 16 in Sign Program}. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 24, 2008 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, it has been determined the project will not have a significant impact on the environment; therefore, a negative declaration has been prepared for the project. RECOMMENDATION Staff recommends the Planning Commission recommend approval of PA08-0003 and PA08- 0081,Sign Program and Specific Plan Amendment, to the City Council, subject to the Findings. FINDINGS Sign Program (Code Section 17.28.080) The proposed signs enhance the development, and are in harmony with, and visually related to all of the signs included in the Sign Program. . All of the signs shall be included in the Sign Program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type, or sign shape. All signage proposed for the Main Street expansion and entry monument enhancements are included in the Sign Program. The Sign Program incorporates entry monuments, site directional, mall entrances, parking garage directionals and car counters, parking lot directionals, directories, valet, banners, blade signs and Main Street tenant signs. The sign types provide for visual interests and an upscale theme. The proposed signs enhance the development, and are in harmony with and visually related to the buildings and/or the developments they identify by utilizing materials, colors, or design motifs included in the building being identified. The proposed monument signage incorporates the same architectural elements as the new building entries including, colors, materials, and the "P" Promenade logo. The wall signage is carefully placed to promote the business while maintaining the building's architectural style. The proposed signs enhance the development, and are in harmony with and visually related to surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs.. The surrounding development will not be adversely affected by the proposed signage. The proposed project is in the west-central part of the City. Surrounding uses include varying densities of residential uses, commercial uses, industrial and office uses, and the !- 95 freeway. The proposed project is within the approved Temecula Regional Center specific plan area. Allowing new signs would not adversely affect the Surrounding shopping centers or neighborhoods, or obscure any adjacent approved signs. The Sign Program accommodates future revisions which may be required due to changes in building tenants. The Development Code allows revisions to Sign Programs either by completing a Minor Or Major Modification application to the original Sign Program. New signage or a change in signage will be permitted administratively bythe Planning Department, The proposed program satisfies the intent of the sign criteria in the Development Code, except that flexibility is allowed with regards to sign area, number, location, and height. With the approved Specific Plan Amendment, the proposed Sign Program would be consistent with the sign standards listed in the Temecula Regional Center Specific Plan while satisfying the applicants request in sign variation in sizes, colors, and styles. Specific Plan Amendment !Section 17.16.020E The proposed Specific Plan Amendment is consistent with the General Plan and Development Code. The proposed Specific Plan Amendment does not change the land use of the Specific Plan, which maintains consistency with the General Plan. The proposed Sign Program is consistent with the Development Code and staff has made the appropriate findings to support the Sign Program. In addition, allowing day spas as a permitted is consistent with the Development Code allowing "Personal Service Shops" as a permitted use in all commercial zones. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed Specific Plan Amendment to modify the Sign Criteria and allow day spas as a permitted use will not be detrimer-tal to the public interest, health, safety, convenience or welfare of the city as supported in the conclusion of the Initial Study prepared for this project. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The subject property is currently developed as a major shopping center and surrounded by other urban uses. The proposed amendment does not change the land use designations of the Specific Plan. The proposed Sign Program will allow taller and varied signage from previously identified in the Specific Plan and allow day spas as a permitted, rather than conditional use. The subject property is physically suitable for this type of development. The proposed Specific Plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The proposed Specific Plan Amendment will accommodate modified signage to improve the aesthetics and compatibility with the existing and surrounding development. Allowing day spas as a permitted, rather than conditional use will not have a negative impact on the surrounding neighborhood as documented in the Initial Study for this project. ATTACHMENTS Aerial Map Specific Plan Amendment -Excerpts from Temecula Regional Center Specific Plan Sign Program PC Resolution -Specific Plan Amendment Exhibit A -Draft CC Ordinance PC Resolution -Sign Program Initial Study Notice of Public Hearing Approvals City Attorney Director of Finance 5c~//V City Manager n,/~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: TUMF Fee Schedule for FY 2008-09 PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) SCHEDULE TO MAINTAIN FEE RATES AT FY 2007-08 LEVELS BACKGROUND: The City of Temecula is a Member Agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency consisting of the City, the County of Riverside, and thirteen other member agencies located in Western Riverside County. In 2002, WRCOG adopted the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Nexus Study to address the impacts of new development on the Regional System of Highways and Arterials in Riverside County. In 2003, the City of Temecula adopted and implemented an ordinance authorizing its participation in the TUMF Program, codified in Chapter 15.08 of the Temecula Municipal Code (TUMF Ordinance). The City Council has adjusted the TUMF fees on an annual basis in accordance with Temecula Municipal Code Section 15.08.040(C), "Fee Adjustment" of the TUMF Ordinance, which authorizes periodic review and adjustment to the applicable TUMF fees in accordance with any adjustments made by the WRCOG Executive Committee. On April 24, 2007, the City Council approved Resolution No. 07-34, which provided for the adjustment of the TUMF fees based on increases to the Construction Cost Index ("CCI") beginning July 1, 2007 as summarized in the following table: TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) FEE SCHEDULE AS ADOPTED BY RESOLUTION NO. 07-34 Fee Category Units Fee Per Unit 07101107-06130108 Fee Per Unit 07101108-06130109 Fee Per Unit 07101109-06130110 Single-Family Residential DU* $10,046 $10,046 $10,046 Multi-Family Residential DU $7,054 $7,054 $7,054 Industrial SF GFA* $1.84 $2.09 $2.35 Retail Commercial SFGFA $9.99 $11.46 $12.94 Service Commercial SFGFA $5.71 $6.14 $6.56 Class A Office Project*** SFGFA $2.19 TBD*** TBD Class B Office Project*** SF GFA $2.19 TBD TBD * DU=Dwelling Unit ** SFGFA=Square Foot Gross Floor Area *** TBD=To Be Determined However, on April 7, 2008, the WRCOG Executive Committee took action not to increase the TUMF Fees for FY 2008-09 but to freeze the TUMF fee rates at FY 2007-08 levels because of the current economic climate. Therefore, the adoption of this resolution will not increase fee levels; rather, the proposed TUMF fee schedule for FY 2008-09 will remain at the same level as the fee rates far FY 2007-08. This action only applies to the FY 2008-09 TUMF fee schedule. The attached resolution incorporates the following adjustments into the City of Temecula's TUMF fee schedule, as shown in the following table: PROPOSED TUMF FEE SCHEDULE FOR FY 2008-09 (at FY 2007-08 levels) Fee Category Units Current Fee Per Unit 07101107-06130108 Proposed Fee Per Unit 07!01!08-06130109 Single-Family Residential DU $10,046 $10,046 Multi-Family Residential DU $7,054 $7,054 Industrial SFGFA $1.84 $1.84 Retail Commercial SF GFA $9.99 $9.99 Service Commercial SFGFA $5.71 $5.71 Class A Office Project SFGFA $2.19 $2.19 Class B Office Project SF GFA $2.19 $2.19 Because the action does not involve new fees or an increase in existing fees, the proposed resolution shall take effect immediately upon adoption. FISCAL IMPACT: The proposed resolution will maintain the TUMF fee schedule for FY 2008-09 at the current fee schedule adopted for FY 2007-08. The proposed resolution will only affect the City's TUMF fee schedule for FY 2008-09. No additional action for FY 2009-10 will be addressed at this time. ATTACHMENTS: Resolution No. 08- RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) SCHEDULE TO MAINTAIN FEE RATES AT FY 2007-08 LEVELS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby finds and determines that: A. The City of Temecula {the "City"} is a member agency of the Western Riverside Council of Governments ("WRCOG"}, a joint powers agency comprised of the County of Riverside and fourteen cities located in Western Riverside County; and B. The member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the "Regional System"}; and C. In order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and D. In furtherance of this plan, the WRCOG Executive Committee adopted the "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study," date October 18, 2002 {the 2002 Nexus Study"}; and E. Based on the 2002 Nexus Study, the City adopted Ordinance 03-01 on January 28, 2003 pursuant to California Government Code sections 66000 et seq. authorizing the City to impose the Transportation Uniform Mitigation Fee ("TUMF") upon new development; and F. On February 6, 2006 the WRCOG Executive Committee adopted the "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study 2005 Update {the "Nexus Study"} which served as a basis for the City Council to adapt Ordinance 06-04, which amended the City' existing TUMF Ordinance on April 11, 2006; and G. Section 15.08.040 of the Temecula Municipal Code authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and H. On February 5, 2007 the WRCOG Executive Committee recommended that member agencies, including the City of Temecula, adjust their applicable TUMF to reflect increases in the construction cost index: and I. Based on the WRCOG Executive Committee's February 5, 2007 recommendation, the City Council adopted Resolution No. 07-34 entitled, A Resolution of the City Council of the City of Temecula Amending the Applicable Transportation Uniform Mitigation Fee {TUMF) Applicable to All Developments in the City of Temecula" on April 24, 2007; and J. On April 7, 2008, the WRCOG Executive Committee recommended that member agencies not adjust their applicable TUMF to reflect increases in the construction cost index because of the current economic climate and to freeze TUMF fee rates at FY 2007-08 levels during FY 2008-09; and K. The TUMF fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and L. The findings set forth above are hereby adopted in support of this Resolution. In addition, the City Council re-adopts the findings contained in Section 15.08.020 in support of the adjusted TUMF contained herein; and M. On June 24, 2008, the City Council held a duly noticed public hearing on this Resolution. Section 2. Definitions. The terms of this Resolution shall have the same meaning ascribed to them in Section 15.08.030 of the Temecula Municipal Code. Section 3. TUMF Fee Schedule. In accordance with Section 15.08.040 of the Temecula Municipal Code, the following fee schedule far the TUMF is hereby adopted for FY 2008-09, which replaces the fee schedule set forth in Section 4{B} of Resolution No. 07-34 and maintains the TUMF fee rates at FY 2007-08 levels: "B. From July 1, 2008 to June 30, 2009 the fee schedule shall be as follows: (1 } $10,046.00 per single family residential unit (2} $7,054.00 per multi-family residential unit (3} $1.84 per square foot of an industrial project (4} $9.99 per square foot of a retail commercial project (5} $5.71 per square foot of a service commercial project (6} $2.19 per square foot of a service Class A and B Office" Section 4. CEQA Findings. The City Council hereby determines, in accordance with 14 Cal. Code Regs. Section 15061 {b) of the California Environmental Quality Act Guidelines ("CEQA Guidelines"}, that the Transportation Uniform Mitigation Fees as described in this Resolution is not a "project" within the meaning of Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. The Resolution, in conjunction with Ordinance No. 06-04, establishes a funding mechanism for potential transportation improvements and does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This Resolution will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061 (d} and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2008. Michael S. Naggar, 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. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk COUNCIL BUSINESS Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold, Director of Building and Safety DATE: June 24, 2008 SUBJECT: Registration of Abandoned Residential Properties - at the request of Mayor Pro Tem Edwards PREPARED BY: Mark Harold, Director of Building and Safety RECOMMENDATION: That the City Council Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.44 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF RESIDENTIAL PROPERTIES AND THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES BACKGROUND: The Building Department is recommending the City Council adopt an Abandoned Residential Ordinance relating to the Maintenance and the Registration of Abandoned Residential Properties. This ordinance is intended to diminish the negative impacts to neighborhoods associated with abandoned residential properties by creating a dialogue between the city and lenders of potential actionable violations found at a property. This ordinance will require lenders that own or are responsible for abandoned dwellings in Temecula register vacant houses with the Director of Building and Safety. This registration will facilitate periodic monitoring by Code Enforcement staff and provide the means for staff and neighbors to contact the local property management company of the need for action to maintain the property. During the development period of the ordinance City Staff conducted a workshop that brought Homeowner Associations and Property Manager's to discuss the intent and implementation of the Ordinance. An additional meeting took place with members of local lending organizations and Council Member Edwards. A question on the cost of registration is easily addressed by its absence from the ordinance as this program is intended to be a joined effort with Property Owners. City Staff will forward reported addresses for properties electronically to staff that will initiate a code activity resulting in a contact to the property owner to provide clear direction being given on the requirements for maintaining the property. The question of a penaltyfor not registering is addressed in the same manner in that as the program is designed to be complaint driven the expectation for registration comes during the contact by city staff when direction is provided to the property owner. The City of Temecula is interested in obtaining compliance with the home maintenance standards of the Municipal Code. While fines can be imposed for persons who deliberately violate the ordinance, the City's intention is to foster cooperation with lenders in order to keep homes reasonably safe and clean during the foreclosure process. Liens will be assessed in specific cases where life safety deficiencies are present, such as a pool without a code compliant barrier, in order to recoup City costs of remedial measures. FISCAL IMPACT: Registration of unoccupied dwellings as set forth in the ordinance will be handled by existing code enforcement staff. ATTACHMENTS: Ordinance 08- ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.44 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF RESIDENTIAL PROPERTIES AND THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES THE CITY COUNCIL OF THE CITYOF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. The Temecula Municipal Code is hereby amended by adding Chapter 8.44, Abandoned Residential Properties, to Title 8 of the Temecula Municipal Code to read as follows: "CHAPTER 8.44 MAINTENANCE OF RESIDENTIAL PROPERTIES 8.44.010 Findings, Purpose and Intent. The City Council finds, determines and declares that: A. The presence of vacant, abandoned residences can lead to neighborhood decline; and B. The presence of vacant, abandoned residences can create an attractive public nuisance; and C. The presence of vacant, abandoned residences can contribute to lower property values; and D. The presence of vacant, abandoned residences can discourage potential buyers from purchasing a home adjacent to or in neighborhoods with vacant abandoned residences; and E. In many instances, the lenders and trustees fail to adequately maintain and secure these vacant residences; and F. It is the intent of the City Council of the City of Temecula, in enacting this ordinance, to protect the public health, safety and welfare of the City and its citizens by protecting its residential neighborhoods from decline and depreciation. G. It is the purpose and intent of the City Council of the City of Temecula through the adoption of this Chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted due to the lack of adequate maintenance and the lack of security of abandoned properties. 8.44.020 Definitions. For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows: "Abandoned" means a condition in which a property is: (a} vacant; or (b) distressed. "Accessible property" means a property that is accessible through a compromised or breached gate, fence, wall, or entrance. "Accessible structure" means a structure or a building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons. "Agreement" means any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange of said property. "Assignment of Rents" means an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another. "Beneficiary" means a lender party of a note secured by a deed of trust. "Buyer" means any person or entity who agrees to transfer anything of value in consideration for property described in an agreement for sale of said property. "Days" means consecutive calendar days. "Deed of Trust" means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. In the State of California, the term "deed of trust" is used instead of the term "mortgage." This definition applies to any and all subsequent deeds of trust (i. e., 2nd trust deed, 3rd trust deed, etc.). "Deed in lieu of foreclosure or sale" means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. "Default" means the failure to fulfill a contractual obligation, monetary or conditional. "Distressed" means a condition in which a property: (a) is in receipt of a current Notice of Default or Notice of Trustee's Sale; {b) is the subject of a pending Tax Assessor's Lien Sale; (c) is the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or {d) is transferred under a deed in lieu of foreclosure or sale. "Evidence of vacancy" means any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, conditions violating Section 8.12.020 of the Temecula Municipal Code, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees, or the like, that the property is vacant. "Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor defaults. "Local" means within eighty (80) miles of the subject property. "Notice of Default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. "Out of area" means in excess of eighty {80) miles of the subject property. "Owner" means any person or entity having a legal ar equitable title or any interest in any real property. "Owner of record" means the person currently having record title to the property at the Riverside County Recorder's Office. "Property" means any unimproved or improved residential real property, or portion thereof, situated in the city and includes the buildings or structures located on the real property regardless of condition. "Residential building" means any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted or zoned far such use. "Securing" means such measures as may be directed by the Director of Building and Safety or his or her designee that render the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining or padlocking of gates, the repairing of doors, windows or other openings. "Trustee" means the person, firm or corporation holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. "Vacant" means a condition in which a building or structure is not legally occupied. 8.44.030 Recordation of Transfer of Loan or Deed of Trust; Assignment of Rents. Within thirty (30) days of the purchase or transfer of a loan or deed of trust secured by residential property located in the City of Temecula, the new beneficiary or trustee shall record, with the Riverside County Recorder's Office, an Assignment of Rents, or similar document, that lists the name of the corporation or individual, the mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust. 8.44.040 Registration. A. Upon default by the trustor, any beneficiary or trustee who holds a deed of trust on a property located within the City of Temecula shall perform an inspection of the property that is the security for the deed of trust, prior to recording a Notice of Default with the Riverside County Recorder's Office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary or trustee shall, within thirty (30} days of the inspection, register the property with the Director of Building and Safety or his or her designee on forms provided by the City. B. The registration form shall contain the name of the beneficiary or trustee, whether a corporation or an individual, the direct street or office mailing address of the beneficiary or trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary or trustee, and in the case of a corporation ar out-of-area beneficiary or trustee, the local property management company responsible for the security, maintenance and marketing of the property. C. A registration shall be valid for one (1 }year from the date the registration form is received by the City. Subsequent registrations are due annually for as long as the property is abandoned. D. This chapter shall also apply to properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure or transferred under a deed in lieu of foreclosure or sale. E. Properties shall be subject to this chapter's requirements as long as such properties remain vacant. F. Any person, firm or corporation that has registered a property under this chapter must report, in writing, any change of information contained in the registration within thirty X30} days of the change to the Director of Building and Safety. 8.44.050 Maintenance Requirements. A. All properties within the City shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of papers or documents, except those required by federal, state or local law, and discarded personal items, including but not limited to, furniture, clothing, appliances, printed materials ar any other items that contribute to the appearance that the property is abandoned. B. All properties within the City shall be maintained free of graffiti, tagging or similar markings by removing or painting over the graffiti with an exterior grade paint that matches the color of the exterior of the structure. C. Visible front and side yards shall be landscaped and maintained according to the standards set forth in the Temecula Municipal Code and applicable land use approvals for the property in question. Maintenance required for visible front and side yards also includes, but is not limited to, regular watering, cutting, pruning and mowing of landscape and removal of all yard trimmings. D. Pools and spas shall be secured with approved fences and devices as required by the California Building Code. Pools and spas shall be drained and kept dry or kept in working order so that the water remains clear and free of pollutants and debris. E. All properties within the City shall be maintained in such a manner so as not to constitute a public nuisance pursuant to Section 8.12.024 of the Temecula Municipal Code. 8.44.060 Security Requirements. A. All properties within the City shall be maintained and secured in such a manner so as not to be accessible to unauthorized persons. Sufficient security includes, but is not limited to, the closure and locking of windows, doors, gates and any other opening of such size that it may allow a child to access the interior of the property, its buildings or its structures, and when necessary, the replacement or reglazing of windows. B. If the property is awned by a corporation or out-of-area beneficiary, trustee or owner, such out-of--area beneficiary, trustee or owner shall hire a local property management company to manage the property. C. The property shall include a posting with the name and 24-hour contact phone number of the local property management company in a manner sufficient to allow an individual to contact and notify the local property management company of any problems or concerns regarding the property. The posting shall be placed on the interior of a first floor window facing the street to the front of the property so that it is visible from the street, ar secured to the exterior of the building or structure facing the street to the front of the property so that it is visible from the street. 8.44.070 Additional Authority. In addition to the enforcement remedies established in Chapters 1.20, 1.21 and 1.24, the Director of Building and Safety or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this section to implement additional maintenance or security measures, including but not limited to, securing any and all doors, windows or other openings, installing additional security lighting, increasing on-site inspection frequency, or other measures as may be reasonably required to prevent the decline of the property. 8.44.080 Enforcement. A. The City Manager or his or her designee, including but not limited to police officers, code enforcement officers, or other enforcement officials shall have the authority to enforce the provisions of this Chapter. B. Any person who violates any provision of this Chapter is guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the Temecula Municipal Code. C. Any person who violates any provision of this Chapter shall be subject to the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code. D. Nothing in this Chapter shall be intended to limit any of the civil or criminal remedies available to the City, nor shall it be intended to limit the City from engaging in efforts to obtain voluntary compliance by means of warnings, notices, administrative citations or educational programs. 8.44.090 Appeals. Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under Chapter 1.21." Section 2. PRIOR ORDINANCE. The provisions of Chapter 8.44 shall supersede the provisions of any ordinances in conflict therewith adopted by reference in Chapter 1.08 of the Temecula Municipal Code. Section 3. SEVERABILITY. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 4. EFFECTIVE DATE. This ordinance shall take effect thirty {30} days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of May, 2008. Michael S. Naggar, 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. 08- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27th day of May, 2008, and that thereafter, said Ordinance was duly adapted by the City Council of the City of Temecula at a meeting thereof held an the 27th day of May, 2008, by the fallowing vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter Thorson, City Attorney DATE: June 24, 2008 SUBJECT: Campaign Disclosure Ordinance PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the City Council That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS 2. That the City Council read by title only and adopt an ordinance entitled: ORDINANCE NO. 08- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS AND MAKING FINDINGS WITH RESPECT THERETO BACKGROUND: At the April 8, 2008 Council Meeting Council Member Comerchero requested the Staff to prepare a report to the Council on a Campaign Disclosure Ordinance in response to concerns raised by a resident during Public Comment. The proposed Campaign Disclosure Ordinance was discussed by the City Council at two subsequent Council meetings. The ordinance has now been revised to clarify and simplify its terms, provide compatibility with the Political Reform Act, and address concerns raised by Council Members and members of the public. R:/agenda Reports/Campaign Disclosure Ordinance 6 24 08 1 Currently under the Political Reform Act, candidates for the Temecula City Council and their committees are required to file campaign disclosure statements with the City Clerk. Various committees that are independent of a candidate (including "political action committees" or "PACs") are required to file campaign disclosure statements with the California Secretary of State. These reports detail contributions received and expenditures made on behalf of candidates and ballot measures. In addition these committees are required to file certain registration documents in the county in which they are organized. It is difficult for interested people to access these registration and disclosure statements filed by committees participating in Temecula elections. Such a committee can be organized in any county and must file registration documents with the county in which they are organized. Unless a person knows where the committee was organized, it is difficult to find out information about its organization and activities unless one searches the records of all 58 counties. Similarly, it is also difficult for an interested person to access campaign disclosure information filed by such committees with the Secretary of State concerning contributions and expenditures that might be made in a Temecula election. The disclosure documents are filed with the Secretary of State in Sacramento and are organized by the name of the committee and not bythe election or city in which the contribution or expenditure was made. Thus, to find out if a committee made a campaign contribution, or campaign expenditure or provided some service on behalf of a candidate or ballot measure in the City of Temecula, a person would either need to know the name of the committee that might have contributed or review thousands of pages of documents looking for contributions to a particular election. Additionally, the filing of documents by such committees is notoriously slow and out of date. These concerns were outlined in a report prepared by the California Fair Political Practices Commission ("FPPC"}entitled "Independent Expenditures The Giant Gorilla in Campaign Finance" dated May 2008. The Report also makes several recommendations to the FPPC forchanges in the regulations concerning disclosure of contributions and expenditures by "independent committees." SUMMARY OF PROPOSED CAMPAIGN DISCLOSURE ORDINANCE The proposed Campaign Disclosure Ordinance would make it easier for people to access campaign disclosure information by requiring the filing of disclosure documents for Temecula elections with the City Clerk. The Campaign Disclosure Ordinance would require that: {1) The Ordinance only applies to elections for the Temecula City Council or a ballot measure submitted solely to the voters of Temecula. {2) The Ordinance shall apply to the following committees as authorized under Government Code Section 81009.5: (A) a Candidate's controlled committee or committees formed or existing primarily to support or oppose their candidacies; (B) committees formed or existing primarily to support or oppose a Candidate or Candidates; {C} committees formed or existing primarily to support or appose the qualification of, orthe passage of, a ballot measure which is being voted on only in the City of Temecula; and (D) general purpose committees active only in the City of Temecula [Section 2.10.010(f)]; (3) Any Committee subject to the Ordinance that makes a contribution or expenditure will need to file with the City Clerk a statement identifying the Committee and its FPPClSecretary of State ID number [Section 2.10.030(a) to (c)]; R:/agenda Reports/Campaign Disclosure Ordinance 6 24 08 2 (4} Any Committee subject to the Ordinance that makes a contribution or expenditure in excess of $100 under state law will need to file a campaign statement with the City Clerk [Section 2.10.030{d}]; (5} Committees subject to the Ordinance are required by the Political Reform Act to file campaign statements on 40 days and 12 days before an election and this ordinance adds a requirement that the contribution and expenditure portion of the campaign statements required by state law also be filed in a Temecula election four days prior to the election [Section 2.10.030(e)]; (6} Campaign contributions and expenditures in excess of $100 in the aggregate received or made after the closing date of the last required campaign statement must be reported within 24 hours of being made [Section 2.10.040]; (7) The Campaign Disclosure Ordinance does not contain any provisions providing for the submission of campaign materials to the City Clerk. (8} Violations of the Campaign Disclosure Ordinance are subject misdemeanor prosecution, administrative fines and civil penalties under Chapters 1.20, 1.21 and 1.24 of the Temecula Municipal Code, criminal and administrative fines, and are subject to civil actions by the City to enjoin violations [Section 2.10.080]; and (9} All of the existing and future disclosure provisions of the Political Reform Act remain in effect except that this ordinance imposes some stricter requirements [2.10.010(c)]. The Campaign Disclosure Ordinance will take effect immediately so that it will be in effect prior to the filing period for the November 2008 Temecula election. FISCAL IMPACT: Depending on how many additional disclosure forms may be filed, there will be certain additional administrative costs to the City Clerk's Office. Additionally there could be costs of enforcement that would be recoverable from the violator. ATTACHMENTS: Ordinance No. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS Ordinance No. 08- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS AND MAKING FINDINGS WITH RESPECT THERETO R:/agenda Reports/Campaign Disclosure Ordinance 6 24 08 3 ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2.10, Campaign Disclosure Requirements, is hereby added to Title 2 (Administration and Personnel) of the Temecula Municipal Code to read as follows: "Chapter 2.10 CAMPAIGN DISCLOSURE REQUIREMENTS 2.10.010. Purpose. The purpose of this chapter is: (a} To require full disclosure of the identity of all contributors to campaigns in support of or in opposition to candidates for the Temecula City Council and City of Temecula ballot measures only as authorized by state law; (b} To make the public's examination of campaign disclosure documents concerning City of Temecula elections more convenient and accessible to the people of Temecula; and (c} To impose disclosure requirements, and prohibitions that are as or more stringent than those imposed by state law to the extent authorized by California Government Code Section 81009.5 and 81313 as they relate to Temecula elections only. 2.10.020. Definitions. The definitions set forth in the Political Reform Act of 1974 (Government Code Sections 82000 through 82055, as may be amended from time to time}, shall govern the interpretation of this chapter, except that: (a} "Candidate" shall mean an individual who is listed on the ballot or who has qualified to have write-in votes on his or her behalf counted by election officials for nomination or election to the Temecula City Council, or who receives a contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or make an expenditure with a view to bringing about his or her nomination or election to the Temecula City Council, whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at such time. "Candidate" also includes any member of the Temecula City Council who is the subject of a recall election. An individual who becomes a Candidate shall retain his or her status as a Candidate until such time as that status is terminated pursuant to Section 84214 of the California Government Code. "Candidate" does not include any person within the meaning of Section 301 (b} of the Federal Election Campaign Act of 1971. (b} "City" shall mean the City of Temecula (c) "City Ballot Measure" shall mean any initiative, referendum or City Council-sponsored measure that is to be submitted solely to the voters of the City of Temecula. (d} "City Clerk" shall mean the City Clerk of the City of Temecula. (e} "City General Purpose Committee" is defined in the Political Reform Act at Government Code Section 82027.5{d) , as may be amended from time to time. (f} "Committee" shall be defined and governed by the following provisions: (1 } "Committee" shall mean any person or combination of persons who directly or indirectly does any of the following: (A} Receives contributions totaling two hundred fifty dollars ($250.00) or more in a calendar year; or (B} Makes independent expenditures totaling two hundred fifty dollars ($250.00} or more in a calendar year; or (C) Makes contributions totaling more than ten thousand dollars {$10,000.00) in a calendar year to ar at the behest of any Candidate or Candidates for Temecula City Council, any controlled committee or committees of such Candidate or Candidates, and any committee which supports or opposes such Candidate or Candidates. (2} A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214 of the California Government Code. (3} As required by Government Code Section 81009.5, the definition of "Committee" in this subsection {e) shall apply only to: (A} a Candidate's controlled committee ar committees formed or existing primarily to support or oppose their candidacies; (B} committees farmed or existing primarily to support ar oppose a Candidate or Candidates; (C) committees formed or existing primarily to support or oppose the qualification of, or the passage of, a ballot measure which is being voted on only in the City of Temecula; and (D) general purpose committees active only in the City of Temecula. (g) "Contribution" is defined in the Political Reform Act at Government Code Section 82015, as may be amended from time to time. (h} "Controlled Committee": is defined in the Political Reform Act at Government Code Section 82016, as may be amended from time to time. (i} "Expenditure" is defined in the Political Reform Act at Government Code Section 82025, as may be amended from time to time. {j} "Independent Expenditure" is defined in the Political Reform Act at Government Code Section 82031, as may be amended from time to time. (k} "Late Contribution" means any of the following: Any contribution, including a loan, that totals in the aggregate one hundred dollars ($100.00} or more that is made to or received by a Candidate ar a Committee after the closing date of the last campaign statement required to be filed before the election. (I} "Late Independent Expenditure" means any independent expenditure which totals in the aggregate one hundred dollars {$100.00} or more and is made for or against any specific Candidate or City Ballot Measure after the closing date of the last campaign statement required to be filed prior to the election. {m} "Person" is defined in the Political Reform Act at Government Code Section 82047, as may be amended from time to time. 2.10.030. Campaign Contribution and Expenditure Disclosures. (a) In addition to any other report required by law to be filed, each Candidate for Temecula City Council shall, at the time he or she files nomination papers for such office, file with the City Clerk a statement, in letter form or on a form prescribed by the City Clerk for such purpose, which contains the following information (copies of previous campaign statements may be appended to the statement for the purpose of supplying the required information): (1) The name and address of the Candidate's controlled Committee; (2) The treasurer of such controlled Committee; (3) The total amount of cash on hand in such Committee's account as of the date of filing the statement; and (4) The information specified for disclosure of contributions and expenditures in subsection (c} of this Section. (b) If the Candidate filing nomination papers has not yet organized a controlled Committee at the time of filing, he or she shall file the statement required by Section 2.10.030(a} within twenty-four (24} hours of filing a statement of organization with the Secretary of State's office. (c) Any Committee that makes a contribution or independent expenditure to support or oppose a Candidate or a City Ballot Measure shall, within twenty-four (24} hours of making such contribution or independent expenditure, file in the office of the City Clerk a letter containing: (1 } the name and address of the Committee, (2} the full street address of the Committee, (3} the Fair Political Practices Commission/Secretary of State identification number of the Committee, (3} the treasurer of the Committee, and the Candidate{s} and/or City Ballot Measure{s} supported or opposed by the Committee. (d} It shall be unlawful for any person or Committee to knowingly file or publish any name or street address for a Committee that is not the complete and accurate name and/or street address of the Committee. (d) Each Candidate or Committee that supports ar opposes a Candidate or Candidates or a City Ballot Measure shall report an the Committee's campaign statement the information specified far disclosure in California Government Code Section 84211, as may be amended from time to time, any other information required by law to be disclosed, and the following additional information: (1 } For each person from whom the Committee has received cumulative contributions in excess of one hundred dollars ($100.00) the statement shall contain the information described in Government Code Section 84211 {f}, as may be amended from time to time; and (2} For each person for whom an expenditure in excess of one hundred dollars ($100.00} or more has been made in connection with a single election for a Candidate or a City Ballot Measure, the statement shall contain the information described in Government Code Section 84211(k), as may be amended from time to time. (e) The statements described in subsection {d) shall be filed pursuant to the time schedule established by the Political Reform Act and for the following additional period: For the period ending seven {7) days prior to the election, a statement with the information required by Government Code Section 84211 and this section shall be flied no later than four (4} days before the election. 2.10.04x. Late Campaign ContributionlExpendituredisclosure. (a} Any Contribution or Expenditure which totals in the aggregate one hundred dollars {$100.00} or more in support of ar opposition to a Candidate or a City Ballot Measure, which is received after the closing date for the Committee's ar Candidate's final pre-election statement, shall be reported to the City Clerk by facsimile transmission, guaranteed overnight delivery within twenty-four {24} hours of the time the Contribution or Expenditure is made and shall contain the information specified in Government Code Section 84211(f) and {k}, as may be amended from time to time. (b} A Late Campaign Contribution need not be reported, nor shall it be deemed accepted, if it is not cashed, negotiated or deposited and is returned to the contributor within twenty-four {24) hours of its receipt. 2.1x.xs0. Filing of Campaign Statements and Reports. In addition to Committees that are already required to file campaign reports and statements with the City Clerk pursuant to the Political Reform Act, any other Committees shall also file pre-election statements for late contribution reports with the City Clerk in accordance with the filing schedule specified by the provisions of the Political Reform Act and this Chapter. 2.10.060. Record-keeping and Audits. (a) It shall be the duty of each Candidate, treasurer, and principal officer of any Committee to maintain such detailed accounts, records, bills, copies of checks, and receipts that are necessary to prepare the campaign statements required by this Chapter and the Political Reform Act. Such records shall be maintained and retained by the filer pursuant to the provisions of the Political Reform Act and regulations promulgated by the Fair Political Practices Commission. Persons maintaining such records shall, upon not less than seven (7} days written notice, make such records available for review and/or audit by a designated representative of the City of Temecula. (b} Far the specific purpose of enforcing the provisions of this Chapter only, the City Clerk or the City Attorney, or their designated representatives, may investigate and audit the records and reports of any Candidate, Candidate's controlled Committee, and any other Committee that supports ar apposes any Candidate or Candidates or any City Ballot Measure. 2.10.x70. Remedies. (a) In the case of any violation of this Chapter by a Committee, the treasurer and any principal officers or, in the case of a controlled Committee, the treasurer and the Candidate, may be liable for violations as provided herein. If two (2} or more persons are liable for any violation, they shall be jointly and severally liable. (b) Any person or Candidate who knowingly or willfully violates any provision of this Chapter shall be subject to the enforcement provisions and penalties of Chapters 1.20, 1.21 and 1.24 of this Code. (c) The City may file a legal action in Riverside County Superior Court to enjoin violations of, or to compel compliance with, the provisions of this Chapter. The prevailing party in any such action shall be entitled to seek and be awarded its attorneys fees and court costs. Any action for civil injunctive relief and/or civil penalty must be filed within one {1 }year of the date of the alleged violation. No civil action may be brought if a criminal action is pending for the same or related violations, unless such criminal action is dismissed by the prosecuting attorney." Section 2. If any portion, provision, section, paragraph, sentence, or ward of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, 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. 08- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of June, 2008, 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 ORDINANCE NO. 08- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS AND MAKING FINDINGS WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2.10, Campaign Disclosure Requirements, is hereby added to Title 2 (Administration and Personnel) of the Temecula Municipal Code to read as follows: "Chapter 2.10 CAMPAIGN DISCLOSURE REQUIREMENTS 2.10.010. Purpose. The purpose of this chapter is (a} To require full disclosure of the identity of all contributors to campaigns in support of or in opposition to candidates for the Temecula City Council and City of Temecula ballot measures only as authorized by state law; (b} To make the public's examination of campaign disclosure documents concerning City of Temecula elections more convenient and accessible to the people of Temecula; and (c} To impose disclosure requirements, and prohibitions that are as or mare stringent than those imposed by state law to the extent authorized by California Government Code Section 81009.5 and 81013 as they relate to Temecula elections only. 2.10.020. Definitions. The definitions set forth in the Political Reform Act of 1974 (Government Code Sections 82000 through 82055, as may be amended from time to time}, shall govern the interpretation of this chapter, except that: (a} "Candidate" shall mean an individual who is listed on the ballot or who has qualified to have write-in votes on his or her behalf counted by election officials for nomination or election to the Temecula City Council, or who receives a contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or make an expenditure with a view to bringing about his or her nomination or election to the Temecula City Council, whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at such time. "Candidate" also includes any member of the Temecula City Council who is the subject of a recall election. An individual who becomes a Candidate shall retain his or her status as a Candidate until such time as that status is terminated pursuant to Section 84214 of the California Government Code. "Candidate" does not include any person within the meaning of Section 301 (b} of the Federal Election Campaign Act of 1971. (b} "City" shall mean the City of Temecula (c) "City Ballot Measure" shall mean any initiative, referendum or City Council-sponsored measure that is to be submitted solely to the voters of the City of Temecula. (d} "City Clerk" shall mean the City Clerk of the City of Temecula. (e} "City General Purpose Committee" is defined in the Political Reform Act at Government Code Section 82027.5{d) , as may be amended from time to time. (f} "Committee" shall be defined and governed by the following provisions: (1 } "Committee" shall mean any person or combination of persons who directly or indirectly does any of the following: (A} Receives contributions totaling two hundred fifty dollars ($250.00} or more in a calendar year; or (B) Makes independent expenditures totaling two hundred fifty dollars ($250.00} or more in a calendar year; or (C) Makes contributions totaling more than ten thousand dollars {$10,000.00} in a calendar year to or at the behest of any Candidate or Candidates for Temecula City Council, any controlled committee or committees of such Candidate or Candidates, and any committee which supports or opposes such Candidate or Candidates. (2} A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214 of the California Government Cade. (3} As required by Government Code Section 81009.5, the definition of "Committee" in this subsection {e} shall apply only to: (A} a Candidate's controlled committee or committees formed or existing primarily to support or oppose their candidacies; (B} committees formed or existing primarily to support or oppose a Candidate or Candidates; (C) committees formed or existing primarily to support or oppose the qualification of, or the passage of, a ballot measure which is being voted on only in the City of Temecula; and (D) general purpose committees active only in the City of Temecula. (g) "Contribution" is defined in the Political Reform Act at Government Code Section 82015, as may be amended from time to time. (h} "Controlled Committee": is defined in the Political Reform Act at Government Code Section 82016, as may be amended from time to time. (i} "Expenditure" is defined in the Political Reform Act at Government Code Section 82025, as may be amended from time to time. (j} "Independent Expenditure" is defined in the Political Reform Act at Government Code Section 82031, as may be amended from time to time. (k} "Late Contribution" means any of the following: Any contribution, including a loan, that totals in the aggregate one hundred dollars ($100.00} or more that is made to or received by a Candidate or a Committee after the closing date of the last campaign statement required to be filed before the election. (I} "Late Independent Expenditure" means any independent expenditure which totals in the aggregate one hundred dollars {$100.00) or more and is made for or against any specific Candidate or City Ballot Measure after the closing date of the last campaign statement required to be filed prior to the election. (m) "Person" is defined in the Political Reform Act at Government Code Section 82047, as may be amended from time to time. 2.10.030. Campaign Contribution and Expenditure Disclosures. (a) In addition to any other report required by law to be filed, each Candidate for Temecula City Council shall, at the time he or she files nomination papers for such office, file with the City Clerk a statement, in letter form or on a form prescribed by the City Clerk for such purpose, which contains the following information (copies of previous campaign statements may be appended to the statement for the purpose of supplying the required information): (1) The name and address of the Candidate's controlled Committee; (2) The treasurer of such controlled Committee; (3) The total amount of cash on hand in such Committee's account as of the date of filing the statement; and (4) The information specified for disclosure of contributions and expenditures in subsection (c} of this Section. (b) If the Candidate filing nomination papers has not yet organized a controlled Committee at the time of filing, he or she shall file the statement required by Section 2.10.030(a} within twenty-four (24} hours of filing a statement of organization with the Secretary of State's office. (c) Any Committee that makes a contribution or independent expenditure to support or oppose a Candidate or a City Ballot Measure shall, within twenty-four (24} hours of making such contribution or independent expenditure, file in the office of the City Clerk a letter containing: (1 } the name and address of the Committee, (2} the full street address of the Committee, (3} the Fair Political Practices Commission/Secretary of State identification number of the Committee, (3} the treasurer of the Committee, and the Candidate{s} and/or City Ballot Measure{s} supported or opposed by the Committee. (d} It shall be unlawful for any person or Committee to knowingly file or publish any name or street address for a Committee that is not the complete and accurate name and/or street address of the Committee. (d) Each Candidate or Committee that supports ar opposes a Candidate or Candidates or a City Ballot Measure shall report an the Committee's campaign statement the information specified far disclosure in California Government Code Section 84211, as may be amended from time to time, any other information required by law to be disclosed, and the following additional information: (1 } For each person from whom the Committee has received cumulative contributions in excess of one hundred dollars ($100.00) the statement shall contain the information described in Government Code Section 84211 {f}, as may be amended from time to time; and (2} For each person for whom an expenditure in excess of one hundred dollars ($100.00} or more has been made in connection with a single election for a Candidate or a City Ballot Measure, the statement shall contain the information described in Government Code Section 84211(k), as may be amended from time to time. (e) The statements described in subsection {d) shall be filed pursuant to the time schedule established by the Political Reform Act and for the following additional period: For the period ending seven {7) days prior to the election, a statement with the information required by Government Code Section 84211 and this section shall be flied no later than four (4} days before the election. 2.10.04x. Late Campaign ContributionlExpendituredisclosure. (a} Any Contribution or Expenditure which totals in the aggregate one hundred dollars {$100.00} or more in support of ar opposition to a Candidate or a City Ballot Measure, which is received after the closing date for the Committee's ar Candidate's final pre-election statement, shall be reported to the City Clerk by facsimile transmission, guaranteed overnight delivery within twenty-four {24} hours of the time the Contribution or Expenditure is made and shall contain the information specified in Government Code Section 84211(f) and {k}, as may be amended from time to time. (b} A Late Campaign Contribution need not be reported, nor shall it be deemed accepted, if it is not cashed, negotiated or deposited and is returned to the contributor within twenty-four {24) hours of its receipt. 2.1x.xs0. Filing of Campaign Statements and Reports. In addition to Committees that are already required to file campaign reports and statements with the City Clerk pursuant to the Political Reform Act, any other Committees shall also file pre-election statements for late contribution reports with the City Clerk in accordance with the filing schedule specified by the provisions of the Political Reform Act and this Chapter. 2.10.060. Record-keeping and Audits. (a) It shall be the duty of each Candidate, treasurer, and principal officer of any Committee to maintain such detailed accounts, records, bills, copies of checks, and receipts that are necessary to prepare the campaign statements required by this Chapter and the Political Reform Act. Such records shall be maintained and retained by the filer pursuant to the provisions of the Political Reform Act and regulations promulgated by the Fair Political Practices Commission. Persons maintaining such records shall, upon not less than seven (7} days written notice, make such records available for review and/or audit by a designated representative of the City of Temecula. (b} Far the specific purpose of enforcing the provisions of this Chapter only, the City Clerk or the City Attorney, or their designated representatives, may investigate and audit the records and reports of any Candidate, Candidate's controlled Committee, and any other Committee that supports ar apposes any Candidate or Candidates or any City Ballot Measure. 2.10.x70. Remedies. (a) In the case of any violation of this Chapter by a Committee, the treasurer and any principal officers or, in the case of a controlled Committee, the treasurer and the Candidate, may be liable for violations as provided herein. If two (2} or more persons are liable for any violation, they shall be jointly and severally liable. (b) Any person or Candidate who knowingly or willfully violates any provision of this Chapter shall be subject to the enforcement provisions and penalties of Chapters 1.20, 1.21 and 1.24 of this Code. (c) The City may file a legal action in Riverside County Superior Court to enjoin violations of, or to compel compliance with, the provisions of this Chapter. The prevailing party in any such action shall be entitled to seek and be awarded its attorneys fees and court costs. Any action for civil injunctive relief and/or civil penalty must be filed within one {1 }year of the date of the alleged violation. No civil action may be brought if a criminal action is pending for the same or related violations, unless such criminal action is dismissed by the prosecuting attorney." Section 2. The City Council of the City of Temecula, as the legislative body of the City, makes the following findings in support of the immediate adoption and application of this ordinance as any urgency ordinance concerning campaign disclosures in the City of Temecula. The purpose of this chapter is to: {a} Require full disclosure of the identity of all contributors to campaigns in support of or in opposition to candidates for the Temecula City Council and City of Temecula ballot measures as authorized by state law; {b} make the public's examination of campaign disclosure documents concerning City of Temecula elections more convenient and accessible to the people of Temecula; and (c} impose disclosure requirements, and prohibitions that are as or more stringent than those imposed by state law as authorized by California Government Code Section 81009.5 and 81013. The ordinance needs to be in effect prior to July 8, 2008 because this is the date candidates for the Temecula City Council election in November 2008 may begin to file their nomination papers. Candidates will not be able to effectively determine the ordinances governing their campaigns nor plan their campaigns unless the Ordinance is in effect prior to this date. Section 3. This ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 36934 and 36937 and shall be effective immediately upon its adoption. Based upon the findings set forth Section 2 of this Ordinance, the City Council finds and determines that the adoption of this ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937. Section 4. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of June, 2048. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Susan Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance Na. 08-_ was duly adapted and passed as an urgency ordinance at a regular meeting of the City Council on the 24th day of June, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: June 24, 2008 SUBJECT: Old Town Local Review Board Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2011. BACKGROUND: The terms of Committee Members Peg Moore and John Williams expired on June 15, 2008. The City Clerk's office has followed the Council's established procedure for filling Committee vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Naggar and Council Member Washington for review and recommendation. Both Mayor Naggar and Council Member Washington have recommended the re-appointment of Committee Member Peg Moore and the appointment of Gary Watts to serve full three-year terms through June 15, 2011. All applicants are registered voters. It is not a requirement of this committee to be a resident of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of June 5, 2008 FISCAL IMPACT: None ATTACHMENTS: Four (4) Applications for Appointment City of Temecula 05-03-O8P03:44 RCVD 43200 Business Park Drive Old Town Local Review Temecula, CA 92590 Board A ~iCQtlOn www.cityoftemecula.org pp (951) 694-6444 ~~~~~~~ ')Forproper.conside'rafion, you niust.cur'rently'be aRegistered Voter JUN ° 3 20Q~ ~CBFY ~LERL~S ®EP'y~ Temecula Resident? Yes If yes, number of years 15 Are you a Registered Voter? Yes NAME: Gary Watts OCCU PATION: District Superintendent, State Parks ADDRESS: Confidential Peace Officer Address, Temecula, CA DAYTIME PHONE: 951-443-2423 EV ENING PHONE: 951-453-6844 EMPLOYER NAME: California State Parks EMPLOYER ADDRESS: 17801 Lake Perris Drive, Perris CA 92571 E-MAIL gwatts@pazks.ca.gov Educational Background/Degrees: Bachelor of Science, Resource Management, Humboldt State University .Executive Management Program, Graduate School of Management, University of California, Riverside List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Elsinore-Murrieta-Anza Resource Conservation District Boazd of Directors 2003-2007 Santa Rosa and San Jacinto Mountains National Monument Advisory Committee 2002-present Riverside County MSHCP Reserve Management Oversight Committee 2005-present Wildlife Corridor Conservation Authority (WCCA) Governing Board member 1997-present List any organizations to which you belong (professional, technical; community service): The Villages Community Homeowners Association Board Member 2002-present Temecula Film Festival Volunteer 2006, 2007 California State Park Rangers Association Palomar College Adjunct Faculty 1998-2004, Parksand Recreation.Department State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) Please see attached 1 understand that any or all information on this form may be verified. I cons ent to the release of this information for lic inf r ati purposes. / Signature: Date: C~ ~8 Please return fo: ity Clerk's Office, 43200 Business Park Drive (951) 6 4-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Old Town Local Review Board Application Gary Watts, Temecula, California 951-676-8896 I have lived in Temecula for almost 15 years and absolutely love our community. I have been involved in regional conservation and recreation efforts by virtue of my job as the senior manager for California State Parks in the Riverside/San Bernardino areas. I have had a chance to work with community groups, non profit organizations, elected officials, and governments from the local, state and federal level. I have dealt extensively with planning efforts including general plans for two State Parks and one National Monument. I have interacted with development planning and its impacts to State Park lands with 8 different cities and 4 counties. I have been a member of the Villages Homeowners Association Board of Directors (513 homes) here in Temecula for 6 years, including 3 as the President. I have been a hands on volunteer at the Temecula Valley Film Festival the last two years. I served as an appointed board member to the Elsinore-Murrieta-Anza Resource Conservation District from 2003 to 2007. The city of Temecula and the surrounding watershed is included in that District. This experience allowed me to become very familiar with resource issues and associated development activities throughout the District. We also worked very closely with Riverside County's Multiple Species Habitat Conservation Plan (MSHCP). I will be retiring this fall from California State Parks after 31 years of service and want to stay active by contributing to my community. I stay informed and follow local civic matters through the newspapers, websites, and community contacts. My family visits Old Town Temecula frequently by shopping at the stores and farmers market and attending our community events like the car shows and bluegrass festival. We are very fond of all the history in Temecula and of course our numerous antique stores. Our museum and theatre are tremendous assets to our city. I know that with the future relocation of city hall to Old Town there will be many exciting changes. There is also a lot of new building activity taking place in Old Town. I really love Temecula and believe that Old Town is a tremendous asset both from a cultural quality of life issue but from an economic issue as well. I hope to be able to contribute ideas, energy, and long term vision to this Board. I believe that I can bring experience, Understanding, and the ability to work with diverse .groups if appointed to the Old Town Local Review Board. Thank you very much for your consideration. Page 1 of 1 Watts, Gary From: Terry1Henderson@aol.com Sent: Wednesday, May 28, 2008 12:41 PM To: ron.roberts@cityoftemecula.org; chuck.washington@cityoftemecula.org; jell.comerchero@cityoftemecula.org; mike.naggar@cityoftemecula.org; maryann.edwards@cityoftemecula. org Subject: (no subject) May 28, 2008 Dear Mayor Naggar and City Council Members Maryann Edwards, Ron Roberts, Jeff comerchero and Chuck Washington, Gary Watts, District Superintendent for the Inland Empire District California State Parks is appling for a position on your Temecula Old Town Local Review Board. I have the pleasure of working with Gary on the Santa Rosa San Jacinto Mountains National Monument Advisory Committee. We have now worked together for 8 years as we were both appointed in 2000, by the Secretaries of Interior and Agricultural. Our Advisory Committee developed the National Monument's management plan. Gary's knowledge, logical and sensible thinking helped to guide our committee to reasonable expectations of what the Monument could mean to our communities and how best to manage the plan. We continue to service in that same role today. It is a pleasure that I recommend, your serious consideration of, his appointment to the Review Board. Please feel free to contact me if you should so desire. Terry.7Lenderson, . La Quinta City CounciC9l~temder, CFiair of the Santa l~gse San,~acinto 9bfonumentAdversary Committee Terry 9fenderson Terry ~Lenderson Get trade secrets for amazing burgers. Watch "Cooking with Tyler Florence" on AOL Food. . 5/28/2008 City of 7Nhittier 13230 Penn Street, Whittier, California 90602-1772 (562) 945-8200 veww.cityofwhittier.org Owen Newcomer May 29, 2008 Mayor Joe Vinatieri Mayor Pro Tem Susan Jones, City Clerk Temecula, CA Bob Henderson Re: Gary Watts Council Member Dear Ms. Jones: Greg Nordbak councii Member I am writing to you on behalf of the City Council to recommend the appointment of Gary Watts to the Old Town Local Review Board. Cathy warner As a city council member for the City of Whittier for some 27 years, I have Council Member had the opportunity to work closely with Gary in a joint powers authority working on environmental issues for the La Puente/Chino Hills Wildlife Stephen W. Helvey Corridor. City Manager Gary has always been extremely professional and competent in his work and conduct and I know that he would make an excellent commissioner for your city. If anyone would like more details of my relationship with Gary and my experience in serving with him, I would glad to entertain your phone calls or e-mails. Regards, ~~ Bob Henderson Councilmember RLH/my Rrveasroz Orxtce: 4080 Lemon Street, 5th Floor P.O. Boz 1527 Riverside, CA 92502-1527 (951) 955-1010 Faz (951)955-1019 David P. Stahovich Robert CaOva Maria T. Hurtado Maria Broos June 3, 2008 ~ID~~i~lf~~ l~~ SUPERVISOR BOB BUSTER FIRST DISTRICT City of Temecula Attn: Susan Jones, City Clerk 43200 Busilless Park Drive Temecula, CA 92589 Dear Ms. Jones: LAI{E EusuuoeE OFetce: 2499 E. Lakeshore Drive Lake Elsinore, CA 92530 (951)471-4270 Fax (951) 471-42SS Sandra J. Isom Debbie Walsh ~~1~~~~~ JUN s 5 200 It is a distinct pleasure forme to give my strongest recommendation of Gary Watts for a position on the Temecula Old Town Local Review Board. Gazy has long and broad knowledge and experience as State Pazks Director in our county. He is especially versed in issues affecting the Southwest area, having served on the Elsinore-Murrieta-Anna Resource Conservation District. It is not often that such a gifted and hard-working individual shares his talents, ideas and leadership skills unselfishly. Again, I strongly urge your consideration of Gary Watts' application for a position on the Temecula Old Town Local Review Board. Sincerely, ~~r~ BOB BUSTER 1St District Supervisor ( City of Temecula 05-21-08P02~18 RCVD 0/d 1"own Local Retrieve Board App/ication ~~ f~~® 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 z ~ 200 ,Elt~~ DEPT `For ~iroper conslderatton, you must,~ur~ently be a I{eg%stered ~T~ter~l~ ~ Temecula Resident? ~ If yes, number of years ~ J Are you a Registered Voter? `~S NAME: ~~'G f l lO U'Gli~ E OCCUPATION: ~~T(2~~ ADDRESS:7~~7 ~ti/'C~/~ STIE`''i- ~~//7~C~L1c/~ ~~~ 9a DAYTIME PHONE:(SI~~D~--CI~"~CP EVENINGPHONE:S4%/')[ EMPLOYER NAME: "" EMPLOYER ADDRESS: E-MAI L~ c`2i t/~ nl~. /1'1 oFJ/'C~' Cow .Educational Background/Degrees: ~L C/-)-S ~ .SEE - /~ iT~C-!-~ C~ . List any City or County Board, Committee or Commission on which you have served and the year(s) of service: ~-T1-i9~h cz ~ , List any organizations to-which you belong (professional, technical, community service): ~-TTV~e.-f-F i~ ~ . State why you wish to serve on this commission, and why you believe you. are qualified for the position. Please: be specific You may attach a separate sheet of paper if necessary.) l~7rv-~=~-r~ E.~ understand that any or all information on this form may be verified. i consent to the release of .this information for public information purposes. Signature: ~-~ ~(9-0~~ Date: ~~~/ ~D~ Please. re urn to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE ;,' Educational Background/Degrees: Master of Administrative Science, The Johns Hopkins; University 1977 Bachelor of Science, Accounting, University of BaltinBOre 1973 Home Economics, University of Illinois, Urbana, 1953 - 1955, 196 i - i 962 Evergreen Society, The Johns Hopkins University, Comtinuing education for retirees, 1993 -2001, Social Chair 1994 - 2000 City or County Boazds, Committees or Commissions served: Temecula Old Town Local Review Board 2002 - Current, Vice-chair 2006, Chair 2007 - Cunent Temecula City Civic Center Architectural Selection Committee 2004 Ronald Reagan Sports Pazk Can-Do Club Board Secretary 2004 - 2006 Temecula Valley Museum Docent 2003 -Current Children's Temecula Valley History Contest judge 201(07-2008 Temecula Citizens Corps Co-Program Administrator 2002 - 2004 Temecula City Councihnember 1989 -1992 Temecula Redevelopment Agency 1989 - i 992, Chair 199 i Temecula Community Services District 1989 - 1992, Wice President 1991 Temecula City Committees 1989 - 1992: Airport Finance Design Standazds Integrated Waste Management Public Works/Facilities Old Town Planning Chair The City Committee for Incorporation Secretary 1988-1989 Organizations Served: Temecula/Murrieta Kiwanis Ciub 2003 -Current, Board 2004 -Current, House Committee Chair 2007 -Current Alternatives to Domestic Violence Board 2002 - Current, Treasurer 2004 - 2007 Southwest Riverside County Lincoln Club Board Secu~tary 2006 -Current A Volunteer Center of Riverside County's Volunteer ®f the Year 2005 Temecula ADV Outreach Advisory Committee 2003 -Current Temecula Valley Chamber of Commerce 1986 -1992; 2001- Current, Governmental Action Committee 2001 - 2005, Legislative S~nunit Committee 2003 - 2004, Governmental Affairs Committee 1987 -19891, Chair 1988 -1989, Ambassador 1988 -1989, Member of the Year Nominee 19gB8 & 2006, Business of the Year Nominee 1987, Balloon and Wine Fest Commtteee 1987 -1992, Admissions Chair 1989 Temecula Convention and Visitors Bureau Member 2®OS -Current Musicians Workshop Board Advisor 2004 - 2007 Temecula Valley Historical Society Member 2001 - C'kurent Temecula Valley Arts Council Member 2002 - Currerntt, Boazd Assistant Treasurer 2004 - 2005 Temecula Friends of the Library Life Member 2001- iCurrent Temecula Valley Wine Society Member 1987 -1992, 2001 -Current Riverside International Wine Competifion Volunteer X002 -Current Rancho Temecula Exchange Club Member 1987 -192, Treasiser 1989 -1992 Temecula Town Association Member 1986 -1992 Temecula Playhouse Boazd 1988 -1992 Sam Hicks Monument Pazk Board 1987 -1989 The reasons I believe I am qualified, and desire, to serve on the Old Town Local Review Boazd are: I think that Temecula's Old Town, and the historic bumldings located outside the district, are great economic benefits to the City, and wish to see that they continue to attract quality development, maintain their historical integrit~q, and remain major tourist attractions within the City. I firmly believe in preserviing Temecula's history and sharing it with our citizens and tourists alike. I appreciated beang a part of the Civic Center guiding force, and believe I have a unique position in understanding the physical needs of city government, the philosophy of Temecula, its heritage, and where the edifice will fit into the development of our Old Town. I love the City of Temecula and would like to continue be part of the force that makes this city the best place in the world to live, work and play. Ob-05-08P03~40 RCVD City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecu la. org (951)694-6444 Old Town Local Review Board Application C~6V~ JUN °° 5 200 Temecula Resident? YES If yes, number of years 39 Are you a Registered Voter? YES NAME: MARGARET W RICH OCCUPATION: PRESIDENT ADDRESS: 35750 DE PORTOLA RD, TEMECULA CA 92592 DAYTIME PHONE: 909-240-4500 EMPLOYER NAME: GREEN ACRES RANCH, INC EVENING PHONE: 951-3o2-boas EMPLOYER ADDRESS: 35750 DE PORTOLA RD, TEMECULA CA E-MAIL greenacresranchinc@yahoo.com Educational Background/Degrees: LA SERNA HIGH SCHOOL -DIPLOMA UNIVERSITY OF CALIFORNIA BERKELEY - BA ZOOLOGY List any City or County Board, Committee or Commission on which you have served and the year(s) of service: I have not served on a City or County Board, Committee or Commission as yet. List any organizations to which you belong (professional, technical, community service): REGIONAL DIRECTOR -ARABIAN HORSE ASSOCATION 12 YEARS ARABIAN HORSE OWNERS FOUNDATION "THINK TANK" 4 YEARS FINANCE COMMITTEE FOR THE ARABIAN HORSE GALLERIES 2 YEARS EDUCATION AND EVALUATION COMMISSION FOR THE ARABIAN HORSE ASSOCIATION 9 YEARS CHAMBER OF COMMERCE I YEAR ~ State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) Please see attached understand that any or all information on this form may be verified. I consent to the release of ti inform for public informatio p se ignature: LV ~ Date: Please return to: City Clerk's Office, 43200 Business Park Drive (951) -6444 (OR Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Margaret W Rich Old Town Local Review Board Application State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. I believe I am an excellent candidate for this commission as I am passionate about the community I have lived in for the past 39 years. I want to maintain the rural and historic atmosphere of Temecula while incorporating the technology of today. I have served on many boards, for many years, and I am an experienced public speaker. I am, and always have been a proponent of growth, advancement and the beautification of our community while ensuring that future generations will enjoy the country-like setting. When my family took up residency in Temecula (at that time referred to as Rancho California) there were 800 residents. I have watched this area lay dormant until the early 1980's when the Temecula Valley High School was built, the first true housing tracts went in and industry began to move in. I developed a great love of the rural atmosphere Temecula provided, however I can't say I was sad when we no longer had to drive to Carlsbad or Hemet to see a movie or go shopping! The atmosphere of Temecula is important to me. I believe many people have moved here feeling like they were now in the country. It is important that this "feeling' is retained throughout the development process. Hopefully by serving on this committee I can assist in this important process. City of Temecula 43200 Business Park Drive `Temecula, CA 92590 www.cityoftemecula.org (951)694-6444 Oo-05-08P12~13 RCVO Old Town Local Review Board Application REC~119E® -tor propee consideration, you must currently be a Registered Voter J N °° 5 2008 ~a~Y cL~~~~s ~~~~ Temecula Resident? ~ If yes, number of years ~ Are you a Registered Voter? _~fG NAME: ~IC_~ ,~~~ (t S OCCUPATION: ~E1Ti~ JdPVE DI,l3te7Ti~/~C kQ/ J ADDRESS: 2>7~~~0~~-P 1 DIMCrJTIx t~ i_~~ ~Id ~~ °! ~ ~Z DAYTIME PHONE: ~~ ~~ 7c1~[-~F~~ ~ EVENING PHONE: ~~" (:Z? " rO EMPLOYER NAME: EMPLOYER ADDRESS: E-MAIL Educational Background/Degre~es:~~ ~q- j ti~~~~•(=iC~ SCiP~t ~ .~ Hil~t!tot/ i ~ (/LV1.1VC~5ti'~"f~ G~ ~(,1,t~l.U/1!l C(~~f1/'VI..tG~ List any City or County Board, Committee or Commission on which you have served and the year(s) of service: ~ 1 ~.6~~ , Listllan(ry organizations to which you belong (professional, technical, community service): f~~- State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) ~5 a ~ ~U-2 d S~7N~ b W I.irP. / i ti 8-eCf I nWYt L ~ ;.L f ,~t7.t~j~ l~ ~~~r.~ ~.e ~'a ~ ~~~ ~ ~ ~ a ~~ 5 ~f.0~ , 6 f.~1~,G l/.S .~ ~a U~ ~wr if ~~l ~j ~ ~d-,° 5 r~-/DIti+ ~Zi"2 ~~o~kc~ 1 i I unders4and that any or all information on this form`may be verified. I consent to the releas of this information for public information purposes. Signature: __ Date Please return to: City Clerk's Olfice, 43200 Business Park Drive (951) 694-6444 (ORf Mail to.• P.O. Box 9033, Temecula, CA 92589-9033' PLEASE BE AWARE OF THE ADVERTISED DEADLINE ~~~,-~ d~i eS i t~. U (s~v~ : ~ ca,~1.t a ava /C o~ ~V~.2 Ci-f- 'S ~-~, k S ~ I ~ ~ a~.d ~~.~ 1 .ems` U ~~ ~~s 5 ~ .~ -tom i . ~°~ Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: June 24, 2008 SUBJECT: Planning Commission Appointment PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint one applicant to serve a full three-year term on the Planning Commission through June 15, 2011. BACKGROUND: The term of Commissioner Carl Carey expired on June 15, 2008. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the opening in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Naggar and Mayor Pro Tem Edwards for review and recommendation. Both Mayor Naggar and Mayor Pro Tem Edwards have recommended the reappointment of Commissioner Carl Carey to serve a full three- yearterm through June 15, 2011. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of June 5, 2008 FISCAL IMPACT: None ATTACHMENTS: Seven (7) Applications for Appointment €~EaE~vE~ City of Temecula 43200 Business Park Drive Temecula, CA 92590 www. cityoftemecu la. o rg (951)694-6444 zoos Commission Appoint~~ ~~ ~~~g Application aiease check one: ~ Planning ~ Community Services ~ Public Traffic Safety Number of years as a City of Temecula Resident ~{ Are you a City Registered Voter? Ye S NAME: Timothy 7. Bal OCCUPATION: General Manager ADDRESS: 32773 Huua Drive, Temecula, CA 92592 DAYTIME PHONE: 951-296-3433 EVENING PHONE: 951-501-9949 EMPLOYER NAME: Brandel Masonry Supplies EMPLOYER ADDRESS: 42368 Rio Nedo, Temecula, CA 92590 E-MAIL fim(a}gobranaetwm Educational Background/Degrees: BS Civil Engineering, Michigan Tech University, 1974, Chi Epsilon Registered Professional Engineer: North Cazolina List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit .organizations; service clubs, etc.): - - MITA (Masonry Industry Training Association) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be speeific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) See attached.. l understand that any or all information on this form may be verified. I consent to the release of this information for public infor tion purposes. Signature: ~ Date: May 19,2008 Please return to. City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE'ADVERTISED DEADLINE ~~9 The ~: ~~' Corporation 42368 Rio Nedo Temecula, CA 92590 (951)296-3433 May 19, 2008 To Whom it May Concern: My name is Tim Bal. I have been a resident of Temecula since July of 2004 and a homeowner in Temecula since July of 2006. Together with my wife we own and operate a small business with retail outlets in Temecula and Pomona, CA. My oldest son is fmishing his sophomore at Cal State-San Marcos and my younger son will graduate from Great Oak High School this June. My purpose in providing this brief biographical data is to demonstrate my ties to this community, my commitment to making Temecula a place to be proud of and to show my willingness to give back to the community which we now call home. My father was also a civil engineer, was the mayor of a small town in Michigan and served on the county planning commission for many years. My exposure to his volunteer efforts as a civil servant has compelled me to attempt to sustain his legacy by offering my knowledge, wisdom and experience of 34 years of industrial, engineering and small business involvement as a project engineer, Vice President and General Manager. I am a critical thinker, sometimes overly analytical, but always extremely thorough and methodical with the decisions and judgments that I make. I believe I would make a significant contribution to the City of Temecula Planning Commission and I would dedicate myself to the duties and responsibilities of the Commission. I have provided a brief resume for additional information on my educational and professional background. Timothy Jacob Bal 32773 Hupa Drive, Temecula, CA 92592 (951) 501-9949 cell tim@gobcandel.com Objective A senior technical/administrative position which leverages my extensive experience in highly technical, engineering-driven sales and customer service leadership positions Education Bachelor of Science, Civil Engineering ]one 7974 Michigan Technological University, Houghton, MI Major: Construction • Chi Epsilon Related course work: personnel management; business management, business law, accounting, economics, and marketing. PE Registration: North Carolina-registered but inactive; Alabama and Wisconsin-expired Skills/Abilities Management North American responsibility for customer service operations of a 50 million dollar segment of a large mold-national corporation, including 5 manufacturing/repair facilities. Customer service responsibility fox 50 people, including 6 direct reports at the service center operations of a major machinery manufacturer. • General Sales Manager with two direct reports fox a North American segment of the paper machinerysebuild market. President & CEO of a small entrepreneurial business in Southem California with 15 employees and sales of $4 million. Sales Over $100 million in booked sales of high-tech paper manufacturing machinery. Extensive travel throughout the US, Canada and Scandinavia, hosting customers on trips to reference manufacturing sites and European company facilities. Responsible fox sales of building materials to masonry subcontractors and general contractors in Southem California Communication Completely literate with Internet, MS Word, MS Excel, MS Powexpoint and Quickbooks. • Superior communication and presentation skills, honed through 24 years of technical sales activity to corporate plantmanagement and engineering personnel. Leadership Maketing Manager, General Sales Manager and VP-Sales in paper machinery sales. VP-North American Service in aftermarket sales of paper machinery President & CEO of small building materials business in Southern California ~', • Driving force in company's ISO 3000 and Malcolm Baldridge quality initiatives. Experience Prestdent & CEO, Bxandel Masonry Supplies, Temecula, CA (May 2004 - prerentf i Director, Bus. Dev., Jacobs Engineering, Greenville, SC (March 2000 - Apri12004) ~;: Vice President, Service, Metro USA, Charlotte, NC Qudy 7995- Febnrary 2000) Sales Manager, Metro USA, Chazlotte, NC Qune 1987 -June 1995) General Manager, Bxandel Masonry Supplies, Pomona, CA (September 7986 -May 7987) VP-Sales, LG Industries, Coatesville, PA (Devember 7985- July 1986) Marketing Manager, Beloit Corporation, Beloit, WI Duly 7980 -November 1985) Construction Engineer, Champion International, Courtland, AL (May 7978 -June 1980) Project Engineer, Mead Corporation, Chillicothe, OH Qune 7974 -Aprid 1978) CITY OF TEMECULA Commission Appointment Application Attachment State why you wish to serve on this commission, and why you believe you are qualified for the position. I have served on the Planning Commission since March 2006 and feel my past experience, background, and present experience working at the City of Riverside compliments the other Commissioners and contributes to successful Planning Commission decision making. I presently work for the City of Riverside Development Department and oversee the Capital Improvements Building program presently engaged in an accelerated 5 year Renaissance program. In addition I work with Planning, Building Dept., and Public Works relative to city redevelopment and negotiate with Developers relative to incoming new projects. In addition, my background includes 25 plus years of general contracting experience in the private /public /government sectors. I have enjoyed being a member of the City of Temecula Planning Commission and respectively request consideration for the next term thru June 15, 2011. Thank you, Carl Carey City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951)694-6444 Commission Appointment Application ~~~ 1~ ZQ~~ LEg~ DEIs°fi, P/ease Check one: xQ Planning ~ Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 10 Are you a City Registered Voter? YES NAME: DEBORAHCHRiSTENSEN OCCUPATION; xsstDriN~rtnt,nrrxntseRTxA[Nea ADDRESS: 32816 NORTHSHIRE CIRCLE TEMECULA 92592 DAYTIME PHONE: 951302 7332 UNLISITED EVENING PHONE: 951303 0614 EMPLOYER NAME: HOME SWEET HOME APPRAISAL SERVICES INC EMPLOYER ADDRESS: 31915 RANCHO CAL RD. SUITE 200-319 E-MAIL xsxnst~~~;wo.~~c Educational Background/Degrees: (see attached) AA Liberal Arts, BS Urban & Regional Planning Licenses: RE Salesperson Ca, RE Appraiser Ca List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Volunteer committee member of Crowne Hill HOA: Landscape, Enforcement and Architecture committees. Altaz support and mazketing designer Heart Lutheran Church. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) .(see attached for qualifications) References: Knowelle Decker 626.524.9404 Robin Knight: 951.691.8714 Jim Jolliff: 909.841.9413 I understand that any or all information on this form may be verged. I consent to the release of this information for public information purposes. Signature:__~il!/~./ L ~~1i~i~~~~ Date: June 3, 2008 Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE 06-03-08P01~08 RCVD Deborah Christensen 7fome Sweet7fomeAppraisaCSennces Inc. Office: 951.303.0614 31915 4jgnchn CaCzfarnia 12d Suite 200-319 inirect: 951.308.4600 ?emeculq California 92591 ~maik 7fS7fASinc@verizon. net OBJECTIVE: Obtain appointment to position on Planning Commission EXPERIENCE: Involved in the real estate arena for more than 20 years, 1 started my journey when I was in grade school. My first job was surveying land with my father who was a Civil Engineer. High school studies were geared towards mathematics and science. l attended Community college for my undergraduate coursework with the emphasis on architecture where I earned a scholarship. I interned for a year while in college designing and researching subdivisions for a private firm prior to receiving my degree in Urban and Regional Planning with an emphasis on design. I worked 2 years as an Environmental Planner detailing the effects of specific projects on employment and housing in communities. After designing and planning homes and communities 1 went into selling them. l received the pacesetter Gold award in the second quarter of my second year in real estate. In the first quarter of my third year, I had achieved $2 million in sales. It was at that time /decided to leave that aspect of the industry and pursue Residential Appraising. EDUCATION: 1984-1988 1988-1991 1997-1998 2000-2001 2005-2006 LICENSES: 01329327 AT043089 EMPLOYMENT: 2005-2006 2002-2005 1997-2002 1991-1993 PERSONAL STATEMENT.• AA Liberal Arts, Grafton Hills College, Yucaipa 85 Urban & Regional Planning, California Polytechnic University, Pomona Teaching Credential, National University, Riverside coursework to complete Real Estate License; Allied Schools, Laguna Hills Real Estate Appraisal & USPAP Course; Allied Schools, Laguna Hills Real Estate Salesperson License; California DRE Real Estate Appraiser License; California OREA REALTOR, Temps Plus Inc. Corona, California REALTOR, Century 2l Cal Oaks Realtylnc, Murrieta, California Substitute Teacher, San Bernardino City Unified School District & Temecula Valley Unified School District California Environmental Planner, Tetra Tech /nc, San Bernardino, California 1 lave living in this community and am proud to call it home. Having said that, 1 have watched Temecula expand at a rapid rate. 1 have a desire to protect Temecula's attributes while promoting its ability to grow. With the economy in its current situation, it is imperative to maintain a balance regarding its growth and quality of life the residents of Temecula expect. As stated above, I feel that my background and experience makes me an asset to the Planning Commission as l can bring in a fresh perspective, integrity, and sincere commitment to the decisions and projects set to come. It is with great interest that I seek this position and with the guidance of the current members I believe I can make a positive difference. Not to mention, having applied to the commission before, the 3`d time maybe the charm. O REFERENCES: Knowelle Decker: Education (626) 524-9404 Robin Knight Culinary (951) 691-8714 Jim Jolliff.• taw enforcement (909) 841-9413 years known: 20+ years known: 6+ years known: 20+ ~:~AY 2 3 200 c~~t~~s ~~~~ City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Appl ieation (951)694-6444 please cheek one: ®Planning 0 Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident ___}]__ Are you a City Registered Voter? yE3 NAME: Kenneth R. Dodd OCCUPATION: Marketing Consultant ADDRESS: 30097 Via Velez Plaee - Temecula, CA 92592 DAYTIME PHONE: (951 1 676-61 1 2 EVENING PHONE: (951) 699-4422 EMPLOYER NAME: Final Touch Marketing - Self Emoloyed EMPLOYER ADDRESS: kdo~~naltouchmarket Educational Background/Degrees: B. A. Marketing List any City orCounty Board; Committee or Commission on which you have served and the year(s) of service: Temecula Murrieta EDC 1990's State of California Red Team List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Temecula Little League, Foundingg Boardx~Member, .President Southwgst R~versid~ Coupt~ Mar71~Y~~tMeml~er~ouncil (Founder) Temecu a Ro ary In ernati nalllYa Arts Council, .Temecula (President) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) com Avid concern for the continued. quality of life issues facing our City.-My 31 year. residency provides me a solid understanding of the underst~t~ia~atnSn~al~iK~tt~is~o~~n~y`~~~ier~~ I ~~stenY~'~~~~ease of this information fo ubliG inf ation rp~ts~. signature: nneth_R. Dofld V~ b Date: 5/20/08' .Pleas eturn to: City Clerk's Office, 4 200 Business Park Drive (951) 694-6444 (OR) Mail to.' P.O. Box 90 3, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE MARKETING SiRATEGV BRAND AWARENESS CORPORATE IDENTITY WEBSITE DESIGN & MARKETING ADVERTISING PUBLIC RELATIONS MANUFACTURERS PROFESSIONAL SERVICE FIRMS RETAIL May 22, 2008 City Council City of Temecula Re: Planning Commission Appointment Dear Council Members: Final Touch MARKETING,. 30097 VIA VELEZ PLACE TEMECULA, CA 92592 951-676-6112 FAX: 951-676-3737 Over the course of three decades, I have been privileged to live in a community that has always been "new" -parks, roads, commercial centers, recreational amenities and more. The successful introduction of these projects is based on the combined efforts of our City's focus on its citizens' quality of life. As a resident of this vibrant community, I have shared firsthand the enthusiasm and personal commitment by those who placed 'foot on shovel to dig out a 'Sports ParK' for the benefit of our children and their children. From those early days of no fields to play baseball, no uniforms for our teams, and no organization to nurture and grow, I proudly chaired the first Temecula Little League committee and launched what is today a successful sports program for Temecula children. My community service has included serving on a number of organizations: Temecula Noon Rotary, Temecula Arts Council, Golden Valley Music Society, Temecula Valley Master Chorale, Rancho California Youth Sports and the Temecula Economic Development Council. As a business owner of Final Touch Marketing, I have led an agency of marketing specialists to serve clients with international reach. This requires considerable expertise in management skills, planning, and execution; My,client base inchrdes thpse in>the medical device, eEec±conics, steel andu€fice supply' industries. My professional brand identity expertise was recognized by several City economic development growth projects. These clients included the City of Temecula, Lake Elsinore, San Jacinto, Cathedral City, and Brawley, California. As such, I have firsthand experience in the collaboration and organizing of efforts by multiple City departments involved in business development, infrastructure needs and planning. My current professional status and available time gives me the requisite time a membership on the City of Temecula Planning Commission will require. I respectfully acknowledge this position as a most important opportunity to once again serve my City. Respectfully, a r Kenne h R. Dodd E-mail: kdodd@finaltouchmarkefing.com ~ www.finalfouchmarketing.com ~~~~ ~ 43938 Carentan Dr Temecula, CA 92592 May 21, 2008 To Whom It May Concern: I am pleased to write a letter of recommendation for Ken Dodd. We have worked side by side in many important capacities over the years, as we have built our town of Temecula, although he has been here much longer than I. We have known each other for at least 20 years. Ken has laboted at the heart of several meaningful programs and projects such as our Temecula Rotary Club and the community Little League, not only as a Board member but as a participant and a substantial backer. Likewise he has volunteered his considerable administrative skills by serving as a founding member of the Southwest Riverside County Manufacturers Council and our Arts Council. All along he has run his own marketing business as well. As a member of the Temecula Valley Unified School Board for most of the past decade, I have sought out Ken on occasion for advice and fresh ideas. In his work, I noticed that he has the ability to help achieve consensus and brings a vast reserve of innovation to approach and solve old problems. I appreciate the clarity he brings to a challenge. His commitment to our community is unquestioned, since he champions Temecula to his customers and lives and operates his own business here. Ken has made innumerable friends in our area and is well regarded for his marketing savvy, wry sense of humor, entrepreneurial vision, and drive. With his assets, he would be a valuable addition to the planning commission. I am proud to be his friend and recommend him to you. If I can be of further assistance, please feel free to contact me at 951-699-5307. Stewart M Morris Jr Stewart M Moms Jr May 21, 2008 City Council City of Temecula -- -.. -RE: _:Planning.Commission vacancy Dear Council Members: I can't think of a finer person to recommend to you for your vacancy on the Planning Commission than Ken Dodd. His integrity is unquestioned; his intimate knowledge of Temecula comes from the fact that he and Sandy have been here longer than almost any of us; and his ability to analyze, problem-solve, and do the right thing are the qualities necessary for this position. Final Touch Marketing, Ken's company, has its roots in this community. He cares about preserving the quality of life here, he volunteers his time to several of our community- based organizations, and he serves many of Temecula's businesses as they rely on FTM's experience and savvy to position themselves within their industries. What makes Ken so unique is that he listens to the issues, does his homework, and then comes to a conclusion that he believes is fair and equitable under the established criteria. Mr. Dodd has no vested interest in serving on the Planning Commission other than his desire: o. serve Temeculans. What better motivation can theca be? Appointing people to this Commission is serious work, and I know that you will give Ken Dodd every consideration for this position. I believe he is the right person for the right job at just the right time in our community's history. Sincerely, Barbara D. Tooker 30866 Crystalaire Dr. Temecula, CA 92591 951-676-0734 JUN 0 4 2008 City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951)694-6444 please check one: 0 Planning ~ Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident a YRS Are you a City Registered Voter? YES NAME: EVA SANDRA SMITH OCCUPATION: Lnw ADDRESS: 42554 DRENNON COURT, TEMECULA CA 92592 DAYTIME PHONE: 619-253-2545 EVENING PHONE: 951-303-0643 EMPLOYER NAME: SELF EMPLOYED EMPLOYER ADDRESS: 42554 DRENNON CT. TEMECULA 92592 E-MAIL wLBCVQncsx.com Educational Background/Degrees: LLM(MASTER OF LAWS) UNIVERSITY OF SAN DIEGO LLB(BACHELOR OF LAW) UNIVERSITY OF BAJA CALIFORNIA List any City or County Board, Committee or Commission on which you have served and the year(s) of service: N/A List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): SAN DIEGO VOLUNTEER LAWYER PROGRAM(SDVLP) PRO BONG; PARALEGAL State why you wish to serve on this commission; and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I believe I can contribute to the future of Temecula byjoining this commission and working with other members to work on "'.:behalf of the City. I believe I am qualified not only by education but also previous participation in social services. :understand that any or all information on this form may be verified. I consent to the release of 'this information for public information purposes. Date: ©6-C>2-2.a~ZII~ Please return to: pity Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Ob-03-08P03:53 RCVD 05-03-ObFv~:73 ~~~~~ City of Temecula 43200 Business Park Drive Temecula, CA 92590 www. cityofterpecu la.org (951) 694-64A4 Commission Appointment Application faP'4". Number of years as a City of Temecula Resident 4 YRS Are you a City Registered Voter? YES NAME: HowARD x sMITx OCCUPATION: OWNER ADDRESS: 42554 DRENNON COURT, TEMECULA CA 92592 DAYTIME PHONE: 619-z53-3881 EVENING PHONE: 951-303-o6a3 EMPLOYER NAME: AMERICAN SPECIALTY HEALTH EMPLOYER ADDRESS: 777 FRONT STREET SAN DIEGO CA 92101 E-MAIL eroemaea~,n~sN.coM Educational Background/Degrees: MBA GLOBAL BUSINESS BS INFORMATION SYSTEMS List any City or County Board, Committee or Commission on which you have served and the year(s) of service: N/A List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): DOKUA SMITH FOUNDATION SOUTHERN STATES UNIVERSITY - ADJUNCT PROFESSOR 'State why you wish to sense on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) PLEASE SEE ATTACHMENT I understand that any or all information on this forth may be verified. I consent to the release of this information for pubijc information purposes. 0 Date: C'~ ' ~ Z ~OO Please return to: Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE P/ease chec/r one: ~x Planning 0 Community Services 0 Public Traffic Safety ATTACHMENT -PLANNING COMMISSION APPLICATION APPLICANT -HOWARD SMITH DATE: 06/02/2008 As one former Temecula mayor commented to me, "Temecula is a city built on volunteer citizenry." I wish nothing more than to contribute my time and effort to work with other volunteers on behalf of our diversified community. I believe I am qualified because of my extensive negotiations skills as a business owner and university professor. I hope to work with committee members to make recommendations to the city council on proactive strategies to invite companies with the caliber of ABBOTT to Temecula. As a past president of Temecula Crowne Hill Community Association, I learned also on how to work with board members, the city and the diverse citizens of the community. Ob-D5-08P12:13 RCVD Clty Of TemecUia 06-D5-08P12:13 RCVD 43200 Business Park Drive Comm%ss%on Appo%ntment Temecula, CA 92590 www.cityoftemecula.org App%%Ct7t%O/7 (951) 694-6444 CE1aE® For-proper: City'of Temec b ~.,.v~ r . v..v~ -J v~ ~~ y v Crfy of'sI'emecula JUN ~' 5 2008 ~LER~S ®EP°S Please Check One: ~~ Planning Community Services Public Traffic Safety Number of years as a City of Temecula Resident ~ Are you a City Registered Voter? ~S NAME: _!"'l `,C ~tT':I ~n ~CX.LS' OCCUPATION: ~~G~~ Y f~40.?J'~N ~.t~ki ADDRESS: ~GGLIY (.o~~ 1 uwca~ b ~, , I~t~C~c~ ~ 2s~ z DAYTIME PHONE: BLS f - 7~~ -~t8 2 ~' EVENING PHONE: G~i - 3D2-Co~ (v7 EMPLOYER NAME: EMPLOYER ADDRESS: E-MAIL Educational Background/Degrees: ~ ~ ~Cl l.~ ~ ~[~ c~ P.eCVI ~- i oN6i(- 1'LLGI Itiv~~vtd~t~ ~ ~w~i~ Caw~e, List any City or County Board, Committee or Commission on which you have served and the year(s) of service: ., D h,Q~ List any organizations to which you belong (professional, technical, community service): ~~~2, State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary.) 1~ta v~-2._ ol.~~,Q~ a~n,d a~,s~d~.~C~ ~-V-w~ VJt1~-i ~s~ s 1 ~ Tvk.PCc~c, -~'~owt ~f(..Q routed ~t.~ , X15 a na~d,y~P.e 1~~,~~~Soc.~l,..ev~,wc+~av~J ~~~~:~~~ ~~ow~ ~-od~~~;a~a~.c,+ C~o~ew~- ~ ;sus ~ar~,t~ ~~~4'; 1 understand that any or all information on this form may be verified. I consent to the release of ~ I' this information f r public in rmation purposes. Signature: -e Date: ~_~ Please return to City Clerk's Office, 43200 Business Park Drive (951) 6 4-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 I PLEASE BE AWARE OF THE ADVERTISED DEADLINE ~- Ci ~ ~.d ~,m~ ~~~.L2 ~ lie ~ ~a+ d- ~-~ r ~,.{ ffc.. l11 ~) ,, " \`,~ ajP~/nvLt,~ ~ ~ lae ~ (J'Gj C~e. (~ ar'C~c~ S i Px~ G,+i ~ l~acz5 ~-o ---a(~ `~ / Cud S . ~ l~,u~ q ~o~ e h-d-v~~rC~u,/~~ ~~1%t~'i f av-,~ E r~ YJt~ ct,.25c, DEPARTMENTAL REPORTS ITEM NO. 43 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: June 24, 2008 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of May 2008. CURRENT PLANNING ACTIVITIES New Cases The Division received 55 new applications for administrative, other minor cases, and home occupations including 7 applications for public hearings during the month of May. The new public hearing cases are as follows: CONDITIONAL USE PERMIT 2 DEVELOPMENT PLAN 1 GENERAL PLAN AMENDMENT 1 MINOR MODIFICATION 1 SPECIFIC PLAN 1 TENTATIVE TRACT MAP 1 SPECIAL PROJECT5 & LONG RANGE PLANNING ACTIVITIES The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: Temecula Regional Hospital -This project was approved by the City Council on January 22, 2008. The CEQA challenge period forthe Supplemental EIR expired on February28, 2008. No legal challenges were filed regarding the SEIR. The CEQA challenge period for the second reading of the Zone Change expired on March 14, 2008. The City Attorney filed a Return to the Writ of Mandate for the project with the Riverside County Superior Court on March 20, 2008. A ruling from the Court regarding compliance with the Court's order is expected by the end of May 2008. (FISK) General Plan Housing Element Update -State law requires the City to adopt an update to the Housing Element by June 30, 2008 and it must be certified by the State Department of Housing and Community Development {HCD} by December 31, 2008. A draft version of the Housing Element was sent to HCD on February 12, 2008 to begin its 60-day review and comment period. Staff received comments on the draft Housing Element from the California Department of Housing and Community Development {HCD} on April 13, 2008. Based on these comments, staff prepared a revised draft and submitted to HCD for a second 60 -day review on June 20, 2008. A revised timeline has been prepared that anticipates a Planning Commission hearing in August 2008 and a City Council hearing will be held in September, 2008. (PAPP) Nicolas Valley Rural Preservation Area -Staff has prepared a conceptual land use plan and conceptual financing options to pay for needed road improvements. A third workshop was held on November 29, 2007 where information on infrastructure options and recommended densitywas provided to residents and interested parties. The results of a surveyconducted that evening indicated that a majority of property owners favor the formation of an assessment District and favor increased density. Staff held a briefing meeting with the Nicolas Valley City Council Subcommittee on January 31, 2008 to discuss findings and to seek further direction. Staff met with the City Manager in March to discuss scope of work, timing and budget. (PETERSlKITZEROW) Transit Center and Transportation Planning -Staff has now received the letter from ALOE confirming the conceptual location of the transit center within the Murrieta Creek Recreation Basin. This letter is needed in order for RTA to move forward with the transit center design, and supplemental EIS. Staff will schedule another meeting with agency staff to update timelines and review next steps for the RTA route restructuring process. (WEST) Heritage Tree Ordinance -Staff has prepared a Heritage Tree Ordinance which will protect certain tree species and other large trees throughoutthe City. The item was reviewed by the Planning Commission on April 16, 2008 and the Planning Commission continued the item for 45 days to allow staff the necessarytime to amend the draft Ordinance. Staff will revise the Ordinance based largely on the City of Thousand Oaks tree preservation ordinances which were originally adopted in the 1970's and revised over time. This item is tentatively scheduled for City Council in July, 2008. (PAPP) ^ Water Efficient Landscaping Ordinance -AB 1881 requires local governments to adopt the State of California recently adopted Model Ordinance or an equally effective ordinance by 2010. Due to the severity of the water situation across the State, staff is pursuing revisions to the City's existing Water Efficient Landscape Ordinance in advance of the 2010 deadline. During the latter part of February, the State released proposed changes to the existing State model ordinance. The State anticipates adopting the proposed changes by January 2009. Staff has prepared a revised Water Efficient Landscape Ordinance and is scheduled far public hearing at the June 18, 2008 Planning Commission meeting and anticipates bringing it forward to the July 22, 2008 City Council meeting. (WEST) ^ Massage Ordinance -Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly by the Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times and includes more severe penalties for violators and business owners. The City Attorney has been making revisions to the draft Ordinance based on comments received from PD and local business owners working in conjunction with PD. Temecula PD will be scheduling briefing meetings with members of the City Council when the final draft Ordinance is completed. (FISK) ^ 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. (FISK) ^ Procedures to Implement CEQA -The Planning Department has hired Environmental Science Associates to prepare a policy document that will identify thresholds of significance to provide direction to staff regarding the level of environmental analysis required far new projects. This project will also include local guidelines and a procedure manual for processing CEQA documents, including the adoption of local exemptions, significance thresholds, and procedures for the City to contract for the preparation of Environmental Impact Reports. This effort has been expanded to include internal procedures for coordinating the environmental review of Capital Improvement Projects. (KITZEROW DAM KO ) ^ Green Building Program - Staff is participating on a subcommittee of the WRCOG Planning Directors TAC to review and develop recommendations for local jurisdictions to implement green building programs. One of the programs is the California Green Builder program, a voluntary program supported by the BIA. In February, 2008, the WRCOG Executive Committee endorsed the California Green Builder program and requesting that member jurisdictions adopt a resolution to implement the program on a voluntary basis. At their May 21, 2008 meeting, staff presented to the Planning Commission, three different programs and explained their differing levels of performance. Staff is bringing forward a recommendation to the Planning Commission, at their June 18, 2008 meeting, to endorse the California Green Builder program as a voluntary program for new single-family residential homes. Additionally, staff is recommending that the City demonstrate their commitment to sustainable development by adopting a policythat all new construction and additions to City owned facilities be designed and constructed to achieve a minimum Leadership in Energy and Design (LEED) Certified rating. (WEST) ^ Sustainability Program - In addition to staff's participation on the WRCOG PD TAC Subcommittee, staff has been involved in both the development of the Inland Empire Chapter of the United States Green Building Council (USGBC-IE), which now a formal Chapter of the USGBC, and the AB 32 -Global Warming Solutions Act of 2006 Scoping Plan. Staff is participating on the Municipal Forum Committee of the USGBC-IE, which is intended to develop and provide training opportunities for LEED and assistance to public agencies for developing a green building program. Staff is also following the progress of AB 32 -Global Warming Solutions Act of 2006, which will result in a Scoping Plan containing strategies that California cities will follow to reduce the greenhouse gases (GHG) emissions. At the May 21, 2008 Planning Commission meeting, staff briefed the Commissioners on staff's progress with developing a sustainability program, which will initially include a municipal green building policy, a recommendation to adopt the California Green Building program as a voluntaryentry level program single-family residential homes, and an updated Water-Efficient Landscape Ordinance. As discussed, at that that meeting, the Sustainability Plan is a comprehensive document that would establish measurable goals, policies and implementation strategies to reduce environmental impacts of the existing built envrionment and from future development. Staff will bring forward recommendations to the Planning Commission at their June 18, 2008 meeting, and anticipates bringing forward recommendations to the City Council at their July 22, 2008 meeting. {WEST) Santa Margarita Area Annexation -The public comment period for the draft EIR ended April 7, 2008. Once staff has received all comments, staff will work with the consultant and City attorney to prepare responses to the comments received. {WEST) Development Code Update -Staff is preparing an update of the Development Code that considers allowing second dwelling units on large single family residential lots within the front yard, amending the duration of time allowed for temporary use permits, prohibiting brand name advertising on permanent signs, reducing the required parking for congregate care facilities, and other minor clarifications within the Code. A public hearing is scheduled for the Planning Commission on June 18, 2008, with recommendations anticipated to go forward to the City Council on July 22, 2008. (WESTILOWREY) Planning Agenda Report 05-01-08 through 05-31-08 Recently Approved APN N PA07-0239 Vail Ranch Headquarters 960010044 BETSY LOWREY A Development Plan for the restoration of the Vail Ranch Headquarters which includes adaptive re-use of the historic site and new construction to .include retail, restaurant and office tenants totaling 27,128 square feet comprising of 13,390 square feet of existing historic structures and 13,738 proposed additional historically appropriate new construction on 4 acres within the Vail Ranch Specific Plan, located at 32115-32125 Temecula Parkway, generally located at the southeast corner of Redhawk Parkway and Temecula Parkway [APN 960-010- 044] Submitted Date Approved Date 8/20/2007 5/7/2008 t of5 Planning Agenda Report 05-01-08 through 05-31-OS 2. APN N • PA06-017$ GATEWAY PLAZA 961290002 KATIE LECOMTE A Development Plan application for a proposed two-story office building totaling 30,573 square feet located on the south side of Temecula Parkway (Highway 79 South), off of Avenida De Missiones. Submitted Date DRC Meeting Date Planning Commision 6/12/2006 7/20/2008 6/18/2008 APN # • PA07-0312 Rancho Pueblo Condo TPM ssso7oo23 BETSY LOWREY A Tentative Parcel Map Application for condominium purposes for one existing commercial building to be divided into 10 separate condos (Rancho Pueblo Offices) located at the northeast corner of Temecula Parkway and Avenida de Missiones. This project is related to Certificate of Compliance PA08-0043. Submitted Date DRC Meeting Date Directors Hearing ___ 11 /2/2007 6/19/2008 AYN ti • PA08-00$1 Promenade SPA-Signs/day spas 910130072 CHERYL KITZEROW/MATT PETERS A Specific Plan Amendment (Minor) to the Temecula Regional Center Specific Plan(Promenade Mall) regarding signage, as well as a change to the land use matrix for Massage Parlors. Proposed changes include increasing sign heights from 12 to 23 feet for (minor and major) entry monuments, increasing the allowable sign area for (minor and major) entry monuments and site directional monuments, to allow new monument signs (secondary site directionals, pedestrian freestanding directionals and wall mounted directional) not previously anticipated, and to allow for off- premise signage on the new parking structures. In addition, the proposed land use matrix change would allow Massage Parlors as a permitted use. Submitted Date DRC Meeting Date City Council 3/28/2008 6/24/2008 APN N Scheduled for Hearing • PAO$-0099 Taste of China alcohol MCUP 960020071 KATIE LECOMTE A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (Beer and Wine-general eating place) to a Type-47 ABC license (On-Sale General eating place) to allow for Taste of China to serve beer, wine and distilled spirits on the premises located at 32413 Temecula Parkway (APN: 960-020-071). Submitted Date DRC Meeting Date Directors Hearing 4/22/2005 I 5/22/2008 6/26/2008 2 of5 Planning Agenda Report 05-01-OS through 05-31-08 3. New Submittals Pending DRC Meeting APN # • PA07-0003 TEMECULA CEMETERY MODULAR saao2oooa UNIT KNUTE NOLAND A Major Temporary Use Permit to install a modular office structure at the Temecula Cemetery located at 41911 C Street (APN: 944-020-004) Submitted Date Anticipated DRC Meeting Date Administrators Hearing 1 /5/2007 6/10/2008 HYN tt • PA07.0309 PDO-6 Zoning Amendment 959osooo~ ERIC JONES A Zoning Amendment application to amend the Rancho Pueblo Planned Development Overlay (PDO-5 ). The site is generally located on Temecula Parkway approximately 325 feet east of Jedediah Smith Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 11/1/2007 APN # • PA08-0035 USED CAR TENT SALE s1o13oo7z KNUTE NOLAND A Used Car Tent sale located at the Promenade Mall, 40820 Winchester Road, between Macy's and Johnny Carinos. Submitted Date Anticipated DRC Meeting Date Administrators Hearing 2/ 11 /2008 6/10/2008 HYN # • PA08-0081 Zevo Drive Monopine 909360034 KATIE LECOMTE A Wireless Telecommunication Application (Conditional Use Permit) to construct a 60-foot monopine which includes 12 panel antennas, a 4-foot parabolic dish antenna, a new Telco panel, 2 GPS and 4 outdoor equipment cabinets within a 750 square foot fenced enclosure composed of 2 wrought iron walls and 2 block walls, located adjacent to an existing industrial building located at 42210 Zevo Drive (APN: 909-360-034). Submitted Date Anticipated DRC Meeting Date Planning Commision 3/5/2008 4/3/2008 10/1/2008 APN # PA08-0098 TEMECULA VALLEY JAZZ 922o3so3s FESTIVAL KNUTE NOLAND. A Major Temporary Use Permit for the Temecula Valley Jazz Festival located in Old Town Temecula on July 10, 2008 to July 13, 2008. Submitted Date Anticipated DRC Meeting Date Administrators Hearing 4/22/2008 7/10/2008 HYN # • PA08.0115 The Warehouse at Creekside 922046012 CHERYL KITZEROWIMATT PETERS A Conditional Use Permit and Development Plan for the Warehouse at Creekside. A 30,519 square foot mixed use project (ground floor restaurant/parking plus 3 stories residential) located at 42081 3rd Street (podium construction over 20,000 sf/32 space surface parking). Project includes 32 residential units (mix of apartments and townhomes) and a 3,400 square foot restaurant. Residential component includes 19 low income and 13 moderate income units. Submitted Date ( Anticipated DRC Meeting Date I No Hearing Planned 3 of5 Planning Agenda Report 05-01-08 through 05-31-08 5/21 /2008 I 6/19/2008 APN u • PA08-0117 T-Mobile Cell Tower Redhawk 9szoaootz ERIC JONES A Conditional Use Permit and Antenna Facility Application for a cell tower developed as a 50' flag pole located 45100 Redhawk Parkway. A wall and gate will be incorporated with the project to conceal equipment. (Previous Application: PR07-0020) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/22/2008 APN q PA08-0118 Temecula Creek Inn 922220003 DANA SCHUMA A Specific Plan to expand Temecula Creek Inn into amaster-planned 18-hole golf course resort and community on 305 acres located 44501 Rainbow Canyon Road. The Specific Plan proposes four Planning Areas: Planning Area 1 includes an expansion of the existing hotel and the addition of a spa and conference facilities totaling 150,172 square feet. Planning Areas 2-4 include 395 single family and multi-family residential units ranging in size from 1,600 to 4,300 square feet. Related PA08-0119, PA08-0120, PA08-0121 (APNs 922-220-002; 003; 008; 031; and 922-230-002; 003; 004; 007; 008) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/22/2008 7/10/2008 APN tt • PA08.0119 Temecula Creek Inn 922220003 DANA SCHUMA A General Plan Amendment to amend the City of Temecula General Plan Land Use Element text and exhibits to allow for non-resort related uses including single and multi-family residences for the proposed Temecula Creek Inn expansion located at 44501 Rainbow Canyon Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/22/2008 7/10/2008 APN # • PA08-0120 Temecula Creek Inn 9zzzzooo3 DANA SCHUMA A Vesting Tentative Tract Map to subdivide nine parcels (305 acres) into 276 lots for commercial, single and multi- family residential, and open space development for the proposed Temecula Creek Inn expansion located at 44501 Rainbow Canyon Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/22/2008 7/10/2008 APN # PA08-0121 Temecula Creek Inn 922220003 DANA SCHUMA A Development Plan to construct a 150,172 square foot expansion to the Temecula Creek Inn and golf-course resort located at 44501 Rainbow Canyon Road. The expansion includes a 126,382 square foot hotel, a 14,354 square foot conference facility, and a 9,436 square foot spa facility to be located within Planning Area 1 of the proposed Temecula Creek Inn Specific Plan (PA08-0118). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/22/2008 7/10/2008 APN N PA08-0122 CUP -Fresh and Easy in PDO#5 944290012 CHERYL KITZEROW/MATT PETERS 4 of5 Planning Agenda Report 05-01-08 through 05-31-08 A Conditional Use Permit application to allow a grocery store larger than 10,000 square feet with alcohol sales, ABC License Type 20 for beer and wine, in Sub Area B of the Temecula Village Planned Development Overlay (PDO) #5 (APN 944-370-005, 006, and 007). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/30/2008 I 6/26/2008 HYN A • PA08-0123 F/E Major Mod PDO#5 944290012 CHERYL KITZEROWIMATT PETERS A Major Modification to the approved Development Plan at Temecula Village, PDO#5, to allow a 13,969 square foot Fresh and Easy Market, and a 5,200 square foot Pad C (APN 944-370-005, 006, and 007). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/30/2008 6/26/2008 ANN # • PA08-0125 Temecula Village PDO-5 Amend/ 944290012 CHERYL KITZEROW/MATT PETERS A Zoning Amendment to modify PDO-5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a Conditional Use Permit (currently allowed up to 10,000 SF w/CUP). Other changes include reducing landscape buffer/setback along Rancho California Road from 25 to 20 feet and miscellaneous clean-up/references to previous approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road. (Associate projects PA08-0122 and PA08-0123 -Fresh and Easy DP/CUP) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/4/2008 5 of5 6 a ~. 0 a ~&~ li ~y,.,.q;.. W\\~ '~ .~ Legend Planning Status -May 2008 0 1. Recently Approved 0 2. Scheduled for Hearing • 3. New Submittals Pending DRC Meeting or rc.vrE~ ~`.~ ~ ~ ~ ~ ~. '' ~~~ 1989 y~ Rl~y~.~new'aIN -0312 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: June 24, 2008 SUBJECT: City Council Travel/Conference Report -May 2008 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On May 14 Council Member Jeff Comerchero traveled to Overland Park, Kansas to attend the National League of Cities Community and Economic Development Steering Committee meeting. On May 29 Council Member Ron Roberts traveled to Schaumberg, Illinois to attend the National League of Cities Transportation and Infrastructure Steering Committee meeting. On May 31 Council Member Ron Roberts traveled to San Francisco to attend the American Public Transportation Association Rail Conference. Attachments: Meeting Agendas Business Meeting Agenda NLC Community and Economic Development Steering Committee May 15-17, Overland Pazk Kansas Thursdav, Mav I S 2:00 p.m. Tours of Kansas City depart from the Doubletree Hotel 5:00 p.m. Return to the Doubletree 6:00 p.m. Buses depart Doubletree 6:30 p.m. Reception, Overland Pazk Arboretum & Botanical Gardens 7:00 p.m. Dinner, Famous Kansas City BBQ, (Western Attire invited) Friday, May 16 (Attire is Business Casual all day) 8:00 a.m. Breakfast, Dallas Room, First Floor 9:00 a.m. CED Steering Committee Convenes, Dallas Room, First Floor Chair's Welcome and Opening Remarks 9:10 a.m. Review of Meeting Agenda James Brooks, CED Staff Duector, NLC 9:15 a.m. Legislative Update -Housing Stimulus Measures Mike Wallace, Senior Legislative Council, NLC 10:00 a.m. Policy Topic and Discussion: Economic Growth Initiatives This discussion focuses on how localities achieve economic growth through an increased focus on exporting, foreign investment, and small business development. Speaker: Joanna Edgerton, Director; International Affairs and Trade Office, Kansas City, Missouri 10:45 a.m. Break .11:00 a.m. Policy Topic: Building a Capable Workforce Building a strong and credible workforce is an essential economic development tool. This discussion will focus on the limits of 1 major workforce programs (The Workforce Investment Act and Trade Adjustment Assistance) and application of practical tools by localities to improve workforce capacity. Speaker: Scott Anglemyer, Executive Director, Workforce Partnership, the Workforce Investment Board for three Kansas counties 12:00 noon Lunch, Tucson Room, First Floor 1:15 p.m. Policy Topic and Discussion: Aging Commercial Centers Using an example from Mission, Kansas as a spring boazd, this discussion will focus on strategies for revitalizing covered malls, shopping centers and strip retail centers. Involvement of developers in the planning process will be included. Collected information from NLC's First Tier Suburbs Council also will be included. Speaker: Laura McConwell, Mayor, Mission, Kan., Vice Chair, First Tier Suburbs Council 2:15 p.m. Open Forum: Major Themes for the Steering Committee 2:45 p.m. Break 3:00 p.m. Members Open Forum, Continues 4:30 p.m. Committee in Recess (Leave Nothing Behind) 6:00 p.m. Buses depart Doubletree 6:30 p.m. Reception, Nerman Museum of Contemporary Art 7:00 p.m. Dinner, Regnier Center, followed by tours of the museum and center 9:30 p.m. (approx) Buses begin returning to the Doubletree Hotel Saturday, May 17 (Attire for meetings and tours is casual) 8:30 a.m. Breakfast, Dallas Room 9:30 a.m. Committee Reconvenes; Dallas Room Chair's Remazks 2 9:40 a:m. Review of the daily agenda James Brooks, CED Staff Director, NLC 9:45 a.m. Policy Topic and Discussion: Economic Growth Initiatives, Part Two, EDA Funded Project -Technology Incubator, Arlington, Texas Speaker, Lana Wolff, Councihnember, Arlington, Tex. 10:45 a.m. Steering Committee Work Plan Decisions Members will be asked to forge a consensus around a specific set of policy recommendations, resolutions, or other action steps. including Presidential Transition White Papers and any referrals from other policy and advocacy committees. 11:30 a.m. Adjournment 12:00 noon Buses depart Doubletree 12:30 p.m. Lunch, Culinary Center of Kansas City 2:00 p.m. Tour of Overland Park 5:00 p.m. Return to the Doubletree 6:00 p.m. Reception, Overland Park Convention Center (Attire is Business Casual) 7:00 p.m. Dinner, Sheraton Overland Park (Attire is Business Casual) 3 Transportation Infrastructure and Services (TIS) Spring Steering Committee Meeting Village of Schaumburg, Illinois Thursday -Saturday, May 29-31, 2008 Final Agenda Thursday, Mav 29, 2008 2:00 PM - 5:00 PM 2009 Transportation Authorization Sub-Committee Meeting Only sub-committee members are required to attend 2:00 PM - 5:00 PM Golf at Schaumburg Park District Complex (Optional and by prior reservation) Meet in hotel lobby 6:30 PM Reception and Dinner Meet in hotel lobby Friday. Mav 30.2008 8:00 AM - 8:30 AM Breakfast 8:30 AM - 8:45 AM Welcome and Meeting Overview Laura Padgett, Chair Council Member, Wilmington, North Carolina 8:45 AM - 9:00 AM Advisory Council Update Marcia Marcoux, Advisory Council Representative Council Member, Rochester, Minnesota National Conference of State Legislatures Meeting Update Steve Elkins, Vice-Chair Council Member, Bloomington, Minnesota 9:00 AM - 9:30 AM Legislative Update Leslie Wollack Principal Legislative Counsel, National League of Cities Friday, Mav 30, 2008 (Continued) 9:30 AM - 10:45 AM Transportation and Land Use Randy Blankenhorn, Executive Director Chicago Metropolitan Agency for Planning 10:45 AM -11:00 AM Break 11:00 AM -12:15 PM Public/Private Partnerships -Private Industry Perspective Terence Black, President and CEO Kay McKinley, Vice President Balfour Beatty Capital, Inc 12:15 PM - 1:30 PM 1:30 PM - 2:45 PM 2:45 PM - 3:00 PM Lunch STAR Line -New Starts Projects Phil Pagano, Executive Director METRA Rail Break 3:00 PM - 4:30 PM CREATE Program: APublic/Private Partnership - Public Sector Perspective Luann Hamilton, Deputy Commissioner Chicago Department of Transportation CREATE Program Update Earl Wacker, Director Chicago Transportation Coordination Office 5:30 PM r ~1.p Na i /t-i-~'b,oo ~...m~-1~Lti}~ -7- ~AVr`T vN9£rCSfsemS - /oR.utoo ~,It-c.y Saturday. Mav 31, 2008 8:30 AM Breakfast 9:00 AM - 10:00 AM 2009 Transportation Authorization Resolution Discussion 10:00 AM - 10:15 AM Break 10:15 AM -11:00 AM Additional Policy Discussion 11:00 AM - 11:30 AM Other Business 1 I:30 AM Adjourn APTA: Schedule At-A-Glance Y1HAT5 NEW APTA > Conferences & Calendar > Rail Conference ABOUYAPTA /~ FOR MEMBERS SCI'IeidU~e At-A-G~anC'p' COMMITTEES Rail Conference CONFERENCE58. June 1 - 4, 2008 cALENOAR San Francisco, California sleRVlces a PROGRAMS GOVERNMENT AFFAIRS INOBSTRY INFORMATION STANDARDS PROGRAM MEDIA CENTER E-BUSINESS PASSENGER TRANSPORT BOOKSTORE LINKS CONTACT U5 SITE MAP HOME Page 1 of 3 Registration: Pre-registration is closed. Please register on site at the Hyatt Regency starting Saturday at 1:OOpm. New Starts/Small Starts Workshop registration: Pre-registration is closed. Please register on site at the Hyatt Regency starting Saturday at 1:OOpm. Program At-A-Glance: click here Preliminary PFOgram: In Adobe PDF Post-conference Training: coming soon Pre-Registration List: click here Showcase Reservation: Pre-registration is closed. Please register on site at the Hyatt Regency starting Saturday at 1:OOpm. Exhibitor Only Registration: Pre-registration is closed. Please register on site at the Hyatt Regency starting Saturday at 1:OOpm. Exhibitor Manual: dick here Exhibitor List: click here Lodging: Overflow hotel -Hilton San Francisco Financial District (6 blocks) Tel: 1-800 424-8292. Rate - $199. Group code is: RAIL Ground Transportation to the Hyatt Embarcadero: As a web oaae ~ In Adobe PDF format Suite RCSerVatlOn FOrM: In Adobe PDF ~ In Microsoft Word APTF Golf Tournament registration: In Adobe PDF ~ In Microsoft Word APTF Golf Sponsorship document: In Adobe PDF ~ In Microsoft Word Travel: Travel Discounts ~ Official APIA Travel Aoencv VISItOr InfOrmatlOn: Bav Area Raoid Transit ~ San Francisco Municipal Tranoortation Aoencv ~ Only In San Francisco Product Showcase Information: Contact Anitha Atkins , or phone (202) 496-4839. Program Information: Contact Lvrine Morsen, or phone (Z02) 496- 4853. Registration Information: Contact Heather Racnels, or phone (202) 496-4838. (SATURDAY, MAY 31 7 a.m. - 2 p.m. Rail Rodeo Competition 8:30 a. m. - 6 p.m. ~ APTA & TRB Committee Meetings http://www.apta.corn/conferences calendar/raiUat a~lance_08.cfin 6/5/2008 MYAPTA June O5, 2008 ~!~ APTA Search: ~,:,.__„ _ , APTA: Schedule At-A-Glance Page 2 of 3 it a.m. - 5 p.m. APTA System Safety Seminar 1 - 5 p.m. APTA Registration SUNDAY, JUNE 1 8 a.m. - 4 p.m. APTA Committee Meetings 8 a.m. - 6 p.m. APTA Registration 4 - 5:30 p.m. HOST FORUM 6 - 7 p.m. Welcoming Reception MONDAY, JUNE 2 7 a.m. - 4 p.m. APTA Registration 8 - 9:30 a. m. OPENING GENERAL SESSION 10 - 11:30 a.m. Technical Sessions 11:30a.m.-1:30p.m. GENERAL LUNCHEON 1:30 - 3 p.m. Technical Sessions 3:30 - 5 p.m. Technical Sessions 6:30 - 8 p.m. Evening Ride on a Historic Streetcar TUESDAY,JUNE3 7 a.m. - 2:30 p. m. APTA Registration 7:30 - 10:15 a.m. APTA Committee Meetings 7:30 a.m. - 2 p.m. RAIL SHOWCASE Breakfast/Lunch 9 - 10 a.m. Interactive Presentations 10:30 a.m. - 12 p.m. Technical Sessions 1 - 4:30 p.m. APTA Committee Meetings 1:30 - 5:30 p.m. TECHNICAL TOURS 2 - 4 p.m. Technical Sessions WEDNESDAY, JUN E 4 8 a.m. - 12 p.m. APTA Registration 9 - 10:30 a. m. Technical Sessions 11 a.m. - 12:30 p.m. Technical Sessions 12:30 - 2:30 p.m. CLOSING GENERAL LUNCHEON 2:30 - 4 p.m. TOD/loint Development Round Table 3:15 - 7:30 p.m. Self-Tour: Ring the Bay on Rail THURSDAY, ]UNE 5 7:30 d.m. - 4:30 p.m. NTI Training Course (Day One) http://www.apta.com/conferences_calendar/rail/at_a_glance_08.cfin 6/5/2008 APTA: Schedule At-A-Glance Page 3 of 3 8 a. m. - 12 p.m. TSI Training Course: Rail Safety 8:30 a.m. - 4 p.m. SAFETEA-LU New Starts/Small StartsWOrkshop FRIDAY, TUNE 6 8 a.m. - 4:30 p.m. NTI Training Course (Day Two) Some of these pages may include links to documents in the Adobe PDF format. Please download the Adobe PDF reatler if ou have not already done so. Copyright ©2003 American Public Transpor[ation Association • 1fi66 K Street NW, Washington, DC 20006 Telephone (202) 496-4800 • Fax (202) 496-4321 • Logo Usage http://www.apta.com/conferences_calendar/raiUat a~lance_08.cfin 6/5/2008 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: June 24, 2008 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of May, 2008. MEMORANDUM TO: Bill Hughes, Director of Public Works FROM: ~ q~ Brad Buron, Maintenance Superintendent DATE: June 9, 2008 SUBJECT: Monthly Activity Report -May, 2008 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of May, 2008: I. SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A, Total square feet of A. C. repairs B. Total Tons N. CATCH BASINS A. Total catch basins cleaned V. RIGHT-OF-WAY WEED ABATEMENT A. Total squaze footage for right-of-way abatement VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 186 New and repainted legends B. 27,016 L.F. of new and repainted red curb and striping 96 7 84 18 1,918 32 114 0 43 2,990 R:UTAINTAIN~MOACTRPT ''~ Also, City Maintenance staff responded to 40 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 36 service order requests for the month of April, 2008. The Maintenance Crew has also put in 150 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of May. 2008 was 94 945.00 compared to 32 455.00 for the month of April, 2008. Account No. 5402 $ 17,650.00 Account No. 5401 $ 77,295.00 Account No. 999-5402 $ - 0 - cc: Dan York, Deputy Director of Public Works/City Engineer Greg Butler, Deputy Director of Public Works Ali Moghadam, Principal Engineer - (Traffic) Amer Attar, Principal Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) R:NIAINTAIMMOACCRPI' O g ~ o ~ ~~ omm W ~ ~ O l- a W } omm r c N ~ ~ N ~ n o M M rn M m W ~ N ~ m ro m n N o O m0 _ (O ~, m ~ ~ M ~ o o ~ fN0 n n rn m rn o o m w m m m m rn n v o rn rn mN(O~nn m m V ~ M ~- ~- p _ ~ .m- W Iq O m V O W ~- m M O V O m M n 0 Q •n-~ r (00 ~ M~ O m O McM-r ~ ~ ~ N ~ W 1* ~ 0 .- . r O N V V ~ ~ O o _.F n m m O O N ~ m .. J ~ ~ ~ N ~ ~ V n wa Q ~ ~ ~ ~ i ~ ~' _ n v n n O w ~ m 2 ^ rn a N W 2 O O O m O O O M. 0 ~, n c W O~ N V m O O N : M O 0 O , W ON ~:. 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I- C C N O m -- o 0 O ~ m 0 C d d 0 O ~ rn rn m m~ m O ¢U^ r v inm ~ r F-r ~ d r v in inUh~z Qm(~ ~ O y C p L O N O j O1 ~ m y 2 a c - m >0] m d NT > E.am ~ a: N U ' d a m ~ N oma` Y C ~ m W ~+ d O o j ~ Q N zr a7~Wo O_ro a>zl`+ OVQQ ~a~> Z ~ ~ F N QOyti w~ O O LL Q ~- U oya J F ~ Q Q O "J F O N m ~ O N~ O O O O OW ON N M Omf d o O Mw O O Imo M ~ N w O h O d ' OAi O mo; M 1A ~ O O O O N N N ~~ M ~ O M O m t+f O N ~~ d M M iF c C M ~ ~ O O O ~ h O Cl N Q 4A w O O Yf 100 ~+ M N ' M A ~ O Q N O O O O N A O O O T O M O m O d A A r M ~ V w} O O {O d O d O O m A O N m O N bi m m N A O N m N N O m y J m ' m d m d M an d ' v o m d N r Q Q N a0 m M V A N N N' N V h ~ _ U e ~ N ~ M r f9 ~ d N t9 N h JN ~ ~ wN yr H ~ H LL F (p 0= F w z O o LL' F O U D w y ~ o Daw 3~~ o~ U } v oo e e Om eN do m d Q „ o 0 0 0 o N o N o o ' d o ~ ~ m d o o ei d v d ri ui le cj ui n W IH N1 m O M N h A bI N o d an d M m N d l~ N O m P d N ~~ N 1~ ~ N M O K M W tR ~ 19 0 W f ~ O U m N O O O O m A O d d m O O O w M m m m d N D a ' N Y}o ~ J Y O p, 3p~ U K m e e m o e o o m ~ ° m ° ,.a m o o m o o m o o o n o Q M ~~ d M N N O O m N IN C r l O d Q ~~}} O m t9 A N d m t +l N N 0 O N O N ~ M H N 1~ ~ ~ Ip W ... ~ _ e9 f9 HN A F w 19 t9 O ' U A G O O N d b ~ N d 0 W N N M N A ~ m N N W o N e n Y ~~ m ~ Q '-..0 N N Ol C O N Ol 'O N O N.O d O Vl N C - O O ~ O d 9 y ~ Q } qJ qJ O ~ C LL W LL U ~ 'L LL O m L O ~ a iii z v Y ` ~ ~ m m C F Q w Q J W h N f U N m ?~ H H W N U rL W > W ' 4 ~ W J N ~ U O ~ -0 U LL U ~! Q: W J W a m rc z o o z ~ ~ ~ Z - v ~ w v ~ = W o y .. .. a 4 mo N Q Y J a H V I - ~ ~ W J N ~ Z W U N O = ~ Q Z F w 0 w z a z = z z "W = ~ w 3 ' F Q M N Z N 4! U' G Z ' ~ N Q R IL STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of May, 2007 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRH)GE OF WORK SIZE CONTRACTORc` MONTELEONE EXCAVATING Date: 05/05/08 VIA LOBO CHANNEL REMOVAL OF SILT AND DEBRIS FROM CHANNEL # 5401 TOTAL COST $ 10,200.00 Date: 05/12/08 LONG VALLEY WASH REMOVAL OF SII.T AND DEBRIS FROM CHANNEL # 5401 TOTAL COST $ 33,900.00 Date: 05/13/08 DE PORTOLA CULVERT REMOVAL OF SILT & DEBRIS FROM CULVERTS # 5401 TOTAL COST $ 9,200.00 CONTRACTOR..a ~ ~ ~ ~ , t~ BECEER T+sftGINEE~G~ .: k ?~ -.-e ~.n ~, ~ ~ ~~ ~~ ~ ,z ° ` ~ ..,,~ ~;_ , .~. t..~ m.rw „~~ ~ .' ~~ ~ G~ Date: 05/06/08 CITYWIDE. A.C. SAW CUTTING FOR P.W. MAINTENANCE CREW # 5402 TOTAL COST $ 7,650.00 Date: 05/07/08 SANTIAGO DESILTING POND REMOVAL OF DESILTING POND # 5401 TOTAL COST $ 3,380.00 Date: 05/15/08 EMPIRE CREEK OUTLET REPAIRS TO GATES FROM STORMS # 5401 TOTAL COST $ 8,380.00 Date: 05/16/08 MIRA LOMA CHANNEL INLET REPAIRS TO INLET GRATE # 5401 ~CON~TI2ACT®R M k,~ ~ 3 2E~TE'S~COMMER"CIAT, MA~J`l'GEIIENT~ TOTAL COST $ 12,235.00 ~~ r ~ ~ ~~rxz`~~~, ~ k' Date: 05/08 CITYWIDE REMOVAL OF TRASH & DEBRIS FROM RIGHTS OF WAY # 5402 TOTAL COST $ 10,000.00 TOTAL COST ACCOUNT #5401 $ 77,295.00 TOTAL COST ACCOUNT #5402 $ 17,650.00 TOTAL COST ACCOUNT #99-5402 - 0 - R:~MAINTAIMMOACI'RPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF MAY, 2008 DATE' .~ , ~~ ,~ ~,~ ~ ~ xis°OCA1` ®' ~ ~~~~ ~~, ~~ n.~se_ ,, ~,~ r ,SCOPE'O `, OO RK ~ ~~ , ~~ .; , ~~~~x r S F ~~ ~ A TOE' L TONS 05/01/08 PAUBA /SANTIAGO R & R A.C. 267 8 05/05/08 PECHANGA ROAD POTHOLES 40 1 05/08/08 RANCHO CALIFORNIA ROAD AT MEADOWS PKWY. R & R A.C. 56 3 05/12/08 CITYWIDE POTHOLE REPAIR 76 1 OS/15/OS ELINDA A.C. OVERLAY 390 3.5 05/19/08 MONTELEGRO AT LEENA WAY R & R A.C. 243 3 05/21/08 SANTIAGO AT AMERITA WAY R & R A.C. 290 8 05/28/08 CITYWIDE POTHOLE REPAIR 556 4.5 TOTAL S.F. OF REPAIRS 1,918 TOTAL TONS 32 R:\MNNTAW ~WKCMPLTD\ASPHALT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF JUNE, 2008 a ,D'~A~E ., ..?.m %,. a,_~u, 05/01/08 ~,°~ ~~ ~ xr^~ ~ ~ ,,_~ ,~ ~' ~L~OC x ," ~ ~ ~~ ~„~x ~ ~s ~ ...5.~. ~:.. ~am bdax',~a _~~ ~,.~`, m ~~~ AREA #5 ~~ c`am' s '~'~' ~ K CO ttl o}..3., ,' ' .~~ CLEANED & CHECKED ~,, os~ 1~II'.LETFD sa ., s 11 CATCH BASINS OS/OS/OS CITYWIDE CLEANED & CHECKED 20 CATCH BASINS 05/06/08 AREA #5 CLEANED & CHECKED 10 CATCH BASINS 05/12/08 CITYWIDE CLEANED & CHECKED 13 CATCH BASINS 05/15/08 AREA #5 CLEANED & CHECKED 9 CATCH BASINS 05/19/08 CITYWIDE CLEANED & CHECKED 18 CATCH BASINS 05/23/08 CITYWIDE CLEANED & CHECKED 16 CATCH BASINS 05/27/08 CITYWIDE CLEANED & CHECKED 17 CATCH BASINS TOTAL CATCHBASINS CLEANED & CHECKED 114 R:NMINTAIN~WKCMPLETDICATCHBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF MAY, 2008 Y.c`~~° ~ *DA E~~~ ~ ` F t~ r~;k &+.,v4 -v,yls ~`~' . ~ w`. ~'t ~.~x, ,.,r.~ ~ `' zv L~O> ,~ ~~. s,s ~ ; „ ~ ' AY"~'~ g -. ~' ''f~ ~` 1, ~ TW h 'l~ ~„ n / O MPLET~I3 ~ ~Y 05/01/08 YNEZ AT PAUBA REMOVED 5 S.F. OF GRAFFITI 05/02/08 REDHAWKAREA REMOVED 104 S.F.OFGRAFFITI 05/05/08 VIA PUEBLA REMOVED 28 S.F. OF GRAFFITI 05/05/08 HUMBER CHANNEL REMOVED 30 S.F. OF GRAFFITI 05/05/08 RAINBOW CANYON ROAD BRIDGE REMOVED 135 S.F. OF GRAFFITI 05/05/08 DEER HOLLOW REMOVED 13 S.F. OF GRAFFITI 05/05/08 TARGET CENTER REMOVED 21 S.F. OF GRAFFITI 05/07/08 ANZA REMOVED 12 S.F. OF GRAFFITI 05/08/08 KENNEDY AT ROMANCE REMOVED 23 S.F. OF GRAFFITI 05/12/08 SANTA GERTRUDIS CREEK REMOVED 105 S.F. OF GRAFFITI 05/12/08 I-15 CITY LIMITS REMOVED 182 S.F. OF GRAFFITI 05/12/08 FELLY VALDEZ AT 6TH STREET REMOVED 35 .S.F. OF GRAFFITI 05/12/08 MAIN STREET BRIDGE REMOVED 50 S.F. OF GRAFFITI 05/12/08 VAIL RANCH /NIGHTHAWK REMOVED 44 S.F. OF GRAFFITI 05/13/08 MIRA LOMA REMOVED 10 S.F. OF GRAFFITI 05/14/08 PASEO PARALLON REMOVED 6 S.F. OF GRAFFITI 05/14/08 ROMANCE REMOVED 190 S.F. OF GRAFFITI OS/15/OS LOMA LINDA REMOVED 15 S.F. OF GRAFFITI 05/15/08 DIAZ AT RANCHO CALIFORNIA ROAD REMOVED 30 S.F. OF GRAFFITI 05/15/08 TEMEKU DRIVE REMOVED 12 S.F. OF GRAFFITI 05/16/08 TEMEKU DRIVE REMOVED 12 S.F. OF GRAFFITI 05/16/08 SPARKS AT CAMELOT REMOVED 90 S.F. OF GRAFFITI 05/19/08 VIA RIO TEMECULA REMOVED 41 S.F. OF GRAFFITI R:NRAMTNMWKCMPLTD\CRAFFI'C[\ ~ ~ c~ y rzDA'I~:,~ 05/19/08 ~ ~ 4 ~ ~ P s`V _ Y .~ y~t~l de ~ ~N~.r ,r~..,...:,£ zµ ~~' ,~,., LOCe1_I.QN.....r' a,~ ~,~ =~' e«..f REDHAWKAREA ~ "~ ~tl3 C ~ s ~s~~~'.` '::: REMOVED ~-;k~.'k - ,°Y~~ : Y tORK~,MPL~~ED .,.~:fkx...., 35 S.F.OFGRAFFITI 05/19/08 MIRA LOMA EDISON PLANT REMOVED 31 S.F. OF GRAFFITI 05/19/08 I-15 FWY AT TEMECULA CREEK REMOVED 33 S.F. OF GRAFFITI 05/19/08 SANTA GERTRUDIS BRIDGE REMOVED 355 S.F. OF GRAFFITI 05/19/08 WINCHESTER AT BRIDGE REMOVED 404 S.F. OF GRAFFITI 05/19/08 NADA LANE REMOVED 20 S.F. OF GRAFFITI 05/21/08 EMPIRE CREEK REMOVED 65 S.F. OF GRAFFITI 05/21/08 TIOGA REMOVED 20 S.F. OF GRAFFITI 05/21/08 LEIGH LANE REMOVED 8 S.F. OF GRAFFITI 05/21/08 REDHAWK AREA REMOVED 49 S.F. OF GRAFFITI 05/21/08 CALLE TAJO REMOVED 90 S.F. OF GRAFFITI 05/22/08 312D STREET REMOVED 120 S.F. OF GRAFFITI 05/27/08 PUJOL-OLD TOWN REMOVED 226 S.F. OF GRAFFITI 05/27/08. REDHAWK AREA REMOVED 50 S.F. OF GRAFFITI 05/27/08 MARGARITA-MEADOWS-BUTTERFIELD REMOVED 84 S.F.OFGRAFFITI 05/27/08 TARGET CENTER REMOVED 23 S.F. OF GRAFFITI 05/28/08 I-15 FWY REMOVED 76 S.F. OF GRAFFITI 05/28/08 SANTA GERTRUDIS CREEK REMOVED 18 S.F. OF GRAFFITI 05/30/08 WOLF VALLEY AT WALLABY REMOVED 50 S.F. OF GRAFFITI 05/30/08 WOLF VALLEY AT CAMINO ROSALES REMOVED 40 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 2,990 TOTAL LOCATIONS 43 R:VvINNTAIMWKCMPLID\GRAFFITI\ x 5W F~ w y~ r ' N~ I~ !h/O I ru~ 1"~ a w ti 5W Ir-1 w A h~J I 5O ~1 W h O N b O ~ N M V1 -. CF 7 V~ ~p ~ ' a U a ~ ~ ,. °A OE _ ~ ~ '~ ~ ~•~ ~ ~w '~ a ~ ~0c,o ~ ~ ¢' i OZ~ ~ ~ r . ~ti 1 D O Z F E O 3 F a w J ~y 7 W U) Z f 7 T Q J_ a~ Q Wm LL Z a 00000000000000000000000000 00000000000000000000000000 00000000000000000pp0000pp00 r0lf~lgMr PLCJM rO)h ICJM rMf~lnMrMf~Lf7Mr lnel' CFeYt7 CFM MMM MNN NN Nr rrr r CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF MAY, 2008 i 7`° ~'2?' DA`TT~ a ; 05/01/08 i x2" 6X'y. ^1 '4 f y L .~~C ~~~ EX' ~ ~ % ~ ~ ~ t ~ h `~A'TIO ~"~~ ~ a ~,~ ;~.~a~- ,,,.~.. M . ~,..Ukm ~ „dam ~ ~, . STARLIGHT RIDGE ~V~ 1 i^.P'y~ ~ ~ ~ , ~ r ,~x ~, ~ a ~ TRIMMED .~ Sir f ~ 5 ~ s ~~' ~Kt CO ETED 7 R.O.W. TREES 05/05/08 STARLIGHT RIDGE TRIMMED 6 R.O.W. TREES 05/15/08 ELINDA AT PAUBA TRIMMED 3 R.O.W. TREES 05/21/08 7EDEDIAH SMITH TRIMMED 2 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 18 R:\MAINTAIMWRKCOMPLTD\TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF MAY, 2008 DATE' =RECD. ~~„ ., ,. ~~ ~ LOCATION ~ ~ ° ` i2E~UEST :; . : DATE WORK ~ `~` COMPLETED 05/01/08 COLINA VERDE TREE TRIMMING 05/01/08 OS/Ol/OS 40150 HOLDEN CIRCLE TREE REMOVAL 05/01/08 05/02/08 41905 HUMBER DRIVE ~ ROOT PRUNING 05/02/08 05/05/08 MORAGA DEBRIS PICK-UP 05/05/08 05/06/08 VIA LAS COLINAS DEBRIS PICK-UP 05/06/08 05/06/08 29760 RANCHO CALIFORNIA ROAD SIGN DOWN 05/06/08 05/09/08 29986 VILLA ALTURAS TREE REMOVAL 05/09/08 05/12/08 ELINDA ROAD A.C. REPAIRS 05/12/08 05/12/08 WOLF STORE ROAD DEBRIS PICK-UP 05/12/08 05/13/08 BUTTERFIELD STAGE ROAD DEBRIS PICK-UP 05/13/08 05/13/08 WINCHESTER ROAD SIGN REMOVAL 05/13/08 05/15/08 RANCHO CALIFORNIA ROAD AT TOWN CENTER AC CONCERNS 05/15/08 05/16/08 NICOLAS ROAD AT VIA LOBO SIGN DOWN 05/16/08 05/19/08 RANCHO CALIFORNIA ROAD AT TOWN CENTER DEBRIS PICK-UP 05/19/08 05/19/08 MORAGA DEBRIS PICK-UP 05/19/08 05/20/08 JEDEDIAH SMITH AT DE PORTOLA TREE TRIMMING 05/20/08 05/20/08 MUIRFIELD STANDING WATER 05/20/08 05/21/08 MUIRFIELD AT CLASSIC WAY SIGN REPAIl2 05/21/08 05/22/08 MUIRFIELD AT PECHANGA STANDING WATER 05/22/08 05/22/08 DE PORTOLA CHANNEL CONCERN 05/22/08 05/23/08 MARGARITA AT SANTIAGO SAND IN STREET 05/23/08 05/23/08 TEMECULA PARKWAY AT I-15 LIGHT POLE DOWN 05/23/08 05/23/08 43121 CALLE VENTURA TREE DOWN 05/23/08 05/23/08 45435 PEACOCK PLACE STORM DRAIN CONCERN 05/23/08 05/23/08 42082 KAFFIRBOOM COURT TREE CONCERN 05/23/08 R:VvIAINTAIMWRKCOMPL1D150R5\ ., / ~~ : DA~`E REC'H; ~.. ., tx ,c 'a^`s'~ o~ ~~~ +>F ~ ~ r ~ ~ . -. ~, ~ ~ ~ ~ ,. LOCATION a~rl y,. f pro'-mq; ~ , , ' ri : ` ~~ REQUEST::---- i ,~. .~ :HATE W(3RK "~~ COMPLETED 05/23/08 LOLITA ROAD POTHOLES 05/23/08 05/23/08 29631 DEL REY STORM DRAIN CONCERN 05/23/08 05/23/08 CORTE CALANDA STORM DRAIN CONCERN 05/23/08 05/23/08 44705 LA PAZ STORM DRAIN CONCERN 05/23/08 05/27/08 LA SERENA SIGN DOWN 05/27/08 05/27/08 LEIFER ROAD ROAD GRADING 05/27/08 05/27/08 SOLANA WAY SHOULDER GRADING 05/27/08 05/27/08 40025 WALCOTT LANE TREE TRIMMING 05/27/08 05/27/08 412819 BOREALIS DRIVE ROOT PRUNING 05/27/08 05/27/08 PAUBA DEBRIS REMOVAL 05/27/08 05/28/08 RORIPAUGH TREE TRIMMING 05/28/08 05/28/08 31450 DE PORTOLA CHANNEL CLEANING 05/28/08 05/28/08 TERRILL COURT DEBRIS REMOVAL 05/28/08 05/29/08 SAN SIMEON SIGN DOWN 05/29/08 05/29/08 29792 VIA PUESTA DEL SOL DEBRIS REMOVAL 05/29/08 TOTAL SERVICE ORDER REQUESTS 40 R:\MNNTAIMWRKCOMPI.TD~SORS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF MAY, 2008 ~DA~E s ~.~ v^ ~z ~~~ ~ LOC2,TT01~ _. ,~ ~ ~~' .ham . ~~.. WQRK kvra,~>. ~a., d¢ i CO~IPLE~'ED z,,, s _ ~o~~~;~~.. 05/02/08 CITYWIDE REPLACED 9 REPAIRED 9 05/05/08 CITYWIDE REPLACED 6 REPAIRED 5 05/06/08 CITYWIDE - REPLACED 3 REPAIRED9 05/07/08 CITYWIDE REPLACED 7 REPAIRED 7 05/08/08 CITYWIDE REPLACED 4 REPAIRED3 05/12/08 CITYWIDE REPLACED 11 REPAIRED 11 05/13/08 CITYWIDE REPLACED 23 REPAIRED3 05/14/08 CITYWIDE REPLACED 17 REPAIRED 12 05/15/08 CITYWIDE REPLACED 8 REPAIRED4 05/19/08 CITYWIDE REPLACED 3 REPAIRED2 05/22/08 CITYWIDE REPLACED 3 REPAIRED 12 05/27/08 CITYWIDE REPLACED 2 REPAIRED 3 05/28/08 WALCOTT AT KLARE INSTALLED 2 Rt-1 3R1-4 2 W3-1 05/30/08 CITYWIDE REPAIRED 4SIGNS TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED 96 7 84 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS /STRIPING MONTH OF JULY, 2008 ~~"i~ BATE a :.,: .. , .. ~, ~ (`Y v~ .l ~u'~~ 'Lu (F"2 k ~ ~~'~ ~'"~^~ 'I.O 4t1TL0 ~ , ,~ ~ : E 1~ ,.4. ., .,.~`S?%., ... ~ .~ ~ X'/X."Rb ~ n. .... .}...mow ,.. .. , ~ ...: ~ : V . C*' lP~~ UvTSV F ~~~ ~~ O ... -n. ,~ , J a4 ~ Ju +. Cn ®1yIP QED a'~-J/Z£;i,.. _ 05/01/08 AREA #5 REPAINTED 3,254 L.F. RED CURB 05/05/08 AREA #2 REPAINTED 3,973 L.F. RED CURB 05/06/08 AREA #2 REPAINTED 4,392 L.F. RED CURB 05/07/08 AREA #2 REPAINTED 5,008 L.F. RED CURB 05/08/08 AREA #2 REPAINTED 5,469 L.F. RED CURB 05/12/08 AREA #2 REPAINTED 3,784 L.F. RED CURB 05/13/08 AREA #2 REPAINTED 1,136 L.F. RED CURB 05/13/08 AREA#1 ~ REPAINTED 21 LEGENDS 05/14/08 AREA #5 REPAINTED 48 LEGENDS 05/15/08 AREA #3 REPAINTED 59 LEGENDS .05/16/08 AREA#3 REPAINTED 48 LEGENDS 05/28/08 WALCOTT INSTALLED 10 LEGENDS TOTAL NEW & REPAINTED LEGENDS 186 NEW & REPAINTED RED CURB & STRIPING L.F. 27.016 R:VvIAINTAIMWRKCOMPLTD\S'PRIPINC CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report May /June 2008 Prepared By: Amer Attar Submitted by: William G. Hughes Date: June 24, 2008 PROJECTS UNDER CC)NSTRUCTION 1. Fire Station -Northeast Site {Roripaugh Ranch} This project will construct a new fire station in the north part of the City. The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system {requested/added on 2106) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Temecula Education Genter- Rough Grading This project will provide far the grading of the proposed Temecula Education Center. All work was completed on March 28, 2007. Other ongoing work under this contract involves EMWD work outside of the project limit which was completed in late July. The property was prepared forthe rainy season and we are in the process of resolving all issues with EMWD. 3. 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 includes the building and the corporate yard. Most punch list work is complete. The City, consultant and contractor are working to resolve the stem wall to curtain wall connection leak that happened during the last major storms. 4. Diaz Road Realignment to Vincent Moraga lJnderthis project, Diaz Road will be realigned starting just south of Rancho Wayto Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The traffic signal at existing Diaz Road and Rancho California Road will be removed. The project was accepted by Council at the April 22nd meeting, and is now complete. 5. Rancho California Road Widening, Old Town Front Street to I-15 {Southside} This project will construct an additional eastbound lane to provide for a right turn lane to southbound I-15, as well as modify the existing median to accommodate dual left turn lanes from westbound Rancho California Road to southbound Old Town Front Street. AT&T has removed the excess encasement of their facilities to allow the construction of the missing storm drain. This allowed the City to complete the storm drain construction. Construction is complete. Project acceptance and filing the Notice of Completion will be done in the near future. 6. Murrieta Creek Multi Purpose Trail This project will build equestrian and bike trails along Murrieta Creek between Rancho California Road and Diaz Road. The project is funded in part by a $1,214,404 federal grant. Riverside County Flood Control has issued the Encroachment Permit. The Notice to Proceed was issued for March 17, 2008 and a Groundbreaking Ceremony took place on March 18, 2008. Contractor constructed portion of the maw curb and is in the process of grading far the trails. Also utility conflicts are being dealt with. 7. Traffic Signal Installation -Rancho California Road at Business Park West Underthis project, a traffic signal will be installed on Rancho California Road at Business Park Drive West. All work on this project is complete. The signal was turned on on Tuesday 02/26/08. We are working with the contractor to close out this contract. 8. ~Id Town Infrastructure Projects -Street Improvements, Mercedes St (2nd - 6th} & the Realignment of Main St. and Construction of the Town Square This project includes the construction of the Town Square and street improvements an Mercedes & Main Streets. On March 18, 2008, the City Council awarded the construction contract L H Engineering Company, Inc for $3,458,495.00. Construction is underway. 9. Old Town Infrastructure Projects -Underground Utility District This project will effectively underground all overhead utility lines along Old Town Front Street, between 2nd and 6t" streets, all of Main Street east of Murrieta Creek and Mercedes Street between 2nd and 6~" streets. The City's (Rule 20B) and SCE's (Rule 20A) bidding closed 3/6/8 and a low responsive contractorwas identified. Street improvement plans have been forwarded to the utilities. U/G utility construction is being closely coordinated with the street improvement project and it started in May 2008. 10. Citywide Concrete Repairs FY 2007-08 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 to International Pavement Solutions for $82,969.00 on 04/08/06 and the pre-construction meeting was held on 05/13/2008. Construction began an 05127108. 11. Citywide Slurry Seal Project FY 2007-2008 This project will slurry seal streets mainly in the Paloma del Sol area. Contract was awarded to All American Asphalt for $361,199.88 on 04/08/06 and the pre-construction meeting was held an 05/29/2008. Construction is expected to begin on 06/30/08. 12. Pechanga Parkway Improvements -Phase II (Temecula Parkway (formerly 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. Caltrans HQ and FHWA have authorized the project far construction. The project was awarded at the April 22, 2008 Council meeting. The road work is scheduled to begin at the end of June 2008 after the Pechanga's recycled waterline project between Wolf Valley Road and Loma Linda Road is completed. PROJECTS BEING ADVERTISED FOR BIDS None PROJECTS IN DESIGN 1. Pechanga Parkway Storrn Drain Improvements -Environmental Mitigation This project includes construction of new wetlands as part of the Wolf Valley Creek Channel -Stage I. The mitigation site is located along the north bank of Temecula Creek {within the flaodplain and floodway area). The environmental regulatory agencies have approved this new mitigation area. RCFCD had na significant comments re the installation work. Mylars are currently under review. The bid document and technical specs will be finalized by the end of the month. The appraisal fora easements is now complete; offers for purchase of the property were made. 2. Murrieta Creek Bridge -Overland Drive Extension to Diaz Road This project includes studying alignments, design and construction of an extension of overland Drive, westerly to Diaz Road, including a new bridge aver Murrieta Creek. Coordination with RCFC & WCD and the U. S. Army Corp of Engineers is required. The Corps completed their HEC-RAS Study for Murrieta Creek. The access ramps to the creek and under crossings at bridges are now included in the H EC-RAS crass-sectional data. 4' of freeboard for the proposed bridge is provided. We are working with consultant to finalize revised scope of work. Extra Work Authorization will be complete by next week. 3. Main Street Bridge Over Murrieta Creek {Replacement) This project will replace the existing Main Street Bridge aver Murrieta Creek. Design consultant Simon Wong Engineering {SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek improvement project. Environmental consultant EDAW has completed biological field studies, and an NES report is being prepared. Geocon has completed an Environmental Site Assessment and it was submitted to Caltrans for review. 90% design plan submittal is expected in July. 4. Diaz Road Extension to Cherry Street This project is "On-hold"' as it is some what dependent on the final state of the Education Center property. 5. Santa Gertrudis Bicyclel 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. RCFC has provided an Encroachment Permit. This project cannot be constructed until adequate funds are identified. An application was submitted far State Bicycle Transportation Account (BTA) funds on 12/1/06. Plans & Specs will be completed soon and the project will be shelved until funding is identified and appropriated. 6. Western Bypass Corridor -Alignment Study This project will complete an alignment study for the northern portion of the Western Bypass Corridor (from Cherry Street to just south of Rancho California Road. The City has received the Final Report and the final Plans from the consultant (IJRS). The proposed alignmentwas approved bythe Planning Commission on 06/04!08. The proposed alignment will be presented to the City Council for adoption at the 06/24/08 City Council Meeting. 7. PedestrianlBicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Preliminary Environmental Study {PES) form is to be submitted to Caltrans within the next month. Coordination between the City and Rancho California Water District to acquire a portion of an RCW D-owned parcel needed to construct the bridge continues. 30% design plans submittal was received on 5/9/08 and is undergoing staff review, as is the foundation report prepared by Petra Geotechnical. submitted on 5/21108. 8. 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 requirement of RWQCB by desilting the channel & pond located near the Sports Park. City's environmental consultant, BanTerra, continues to work on the environmental clearance process; regulatory permit applications were submitted on 12/13/07. Civil design was initiated utilizing the Annual Agreement consultant. Staff is reviewing 90% submittal. Possible mitigation requirements by regulatory agencies have prompted adown-sized construction scope of work. A monitoring mitigation strategy is being reviewed by the regulatory agencies. 9. Western Bypass Bridge Over Murrieta Creek This project involves the design and construction of a new bridge aver Murrieta Creek at the westerly 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. This project has been an hold, but is now being restarted. Staff has received an amended proposal for the design and is expected to seek City Council Approval on June 24, 2008. 10. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Community Center to accommodate more human services programs. The grading portion of this project is complete. This work was awarded to Addison Equipment Rental and they completed all grading operations by May 5, 2008. The Escallier House and Barn were moved onto the site on June 5, 2008. The Plans and Specifications are currently being reviewed bythe EDA. Once their comments are addressed and the a specifications are approved the project will go to bid. 11. Redhawk Park Improvements, Four Sites This project will add amenities to four park sites in the recently annexed Redhawk area. Due to budgetary restraints, the construction was divided into phases over a number of years. At the December 11, 2447 meeting, the City Council approved an agreement with RJM forthe construction drawings of the chosen amenities, which include a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. A kick off meeting with the design consultant was held on 42/45/48. The preparation of the construction drawings continues. 12.OId Town Infrastructure Projects -Site Demolition and Site Preparation This project involves demolishing the existing non-historic structures on the City owned parcels at the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town Parking Structure. The remaining item underthis contract, The relocation of the Escallier House and Barn was accomplished on 46/45148. 13.OId Town Infrastructure Projects -Parking Structure & Office/Retail frontage This project will construct a parking structure, including office and retail frontage as part of phase 1 of Old Town Civic Center project. The 3rd plancheck submittal is anticipated this week. Specs will be completed by the end of the month. Two Encroachment Permit applications have been submitted to Caltrans for the retaining wall and storm drain facilities. The project is anticipated to be out to bid in July/August. 14. Old Town Civic Center Phase 2 Under this projectthe design and construction documents for phase two of the Civic Center Project will be developed. Design consultant NMR continues the schematic design process. NMR is finalizing the departmental floor plans and exterior elevations. 15. Temecula Parkway {formerly 79 South} Park & Ride This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The re-design of this project is 74% complete and we are currently reviewing these documents. We are currently waiting for the Los Ranchitos Homeowners Association to comment on the design. TCSD also has yet to complete their review. The landscape planting may need to be revised to be in line with the City of Temecula's proposed sustainability program. 16. De Portola Road Pavement Rehabilitation Project {from Jedediah Smith to Margarita} This project includes rehabilitating De Portola Road from Jedediah Smith Road to Margarita Road. This is a federally funded project. The Environmental Document (Categorical Exclusion) was approved by Caltrans on August 8, 2447. Extra work authorization for the design consultant to expand the scope of the drainage study/design for the project was approved on 6/2148. Design consultant submitted 94% plans (minus drainage plans) on 5128/48; 104% design submittal is expected this month. 17.79 South to Pechanga Parkway -Dual Right Turn Lanes This project includes the design and construction of two right turn lanes on eastbound Temecula Parkway {formerly State Route 79 South) to southbound Pechanga Parkway. The design includes the widening of Temecula Parkway and relocation of traffic signal poles. 144% design plans are complete. The City is in the process of purchasing the required right of way. Once the needed right of way is acquired, construction will be scheduled. 18. Santiago Detention Basin This project includes the design of a 1 acre desilting basin. The proposed basin is located on the south side of Santiago Road between Vallejo Avenue and Orsmby Road. 144% design plans were submitted. City is to review the plans and complete the specs by the end of the month. 19. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Consultant is working on the 144% design package. The City received the signed PES form and the Categorical Exclusion {CE) from Caltrans. 20. Winchester Roadl79-North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limit. The consultant is working on the 144°lo design package The City received the signed PES form and the Categorical Exclusion {CE) from Caltrans. 21. French Valley Parkway Phase 1 -Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and Caltrans have agreed that immediate action is required to relieve congestion atthe Winchester Road southbound off-ramp. Status is as follows: - PS&E -Consultant is preparing 95% plans {retaining walls and landscape/irrigation). - Type Selection for Retaining Walls -Approved November 2447. - Right of Way -Establishing limits of dedication. Discussions are continuing with owners of affected parcels within Phase 1 work. - Construction Cooperative Agreement -Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. - Maintenance Agreement -City preparing exhibit for the first draft. - Declaration of Units -Caltrans Approved Metric Exception for this phase. - Utilities -Updated pothole plans are under Caltrans review. - Conceptual Landscape/Aesthetics -Concept was selected, with Murrieta, Caltrans, and IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. 22. OId Town Gymnasium This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. The Boys and Girls Club site is too small forthe proposed Gymnasium. This project is on-hold until we can acquire the property required for construction. 23. Re-Stripe Route 79 South to 8 lanes from I-15 to Pechanga Parkway This project will provide four lanes in each direction an Temecula Parkway (formerly State Route 79 South) from I-15 to Pechanga Parkway. City is reviewing 95% design plans. Construction will be coordinated with the following project: Pechanga Parkway Dual Right Turn Lanes from Temecula Parkway, Project No. PW06-11. 24. Pavement Management System Update 2008-2013 This project will update the City's Pavement Management System for the years 2008-2013. This project will update the City's Pavement Management System for the years 2008-2013. The Council approved an agreement with W ildan on March 18th. Notice to proceed was issued to the consultant last week. The City forwarded all requested information to Willdan to initiate the project. 25. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MW D easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 26. Long Canyon Detention Basin -Access Road This project will construct an access road to the Lang Canyon Detention Basin. Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. 27. Roller Hockey Rink Dasher Board System This project will replace the boards at the existing Roller Hockey Rink. The contractor estimates that the Dasher Board System will arrive on site by July 1, 2008. Once materials are an site, a notice to proceed will be issued and the Contractor (YAKKAR) will have 20 working days to perform their portion of the work. PRtJJECTS IN THE PLANNING STAGE 13. I-151 SR 79 South Interchange -Project Report (PR) This project will modify the I-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 geometries and environmental technical studies. Status is as follows: - Draft Project Report -Approved January 2008. - Project Report -Under Caltrans review. - Advisory Design Exceptions -Approved 10/18/06. - Mandatory Design Exceptions -Approved 10120108. - Stormwater Data Report -Under Caltrans review. - Traffic Study -Approved 09/11/06. - Modified Access Report - FHWA Determination of Acceptability was approved in July 2447. Final approval pending approval of the Final Environmental Document. - Geometric Approval Drawings -Preparing 2nd submittal for Caltrans review. - Initial Study Assessment -Approved September 2445. - Acoustic Evaluation -Approved December 2445. - Air Quality Assessment -Approved PM14 Nov 2445 and PM2.5 Jul 2446. - Nat Environmental Study -Approved May 2446. - Cultural Studies -Approved November 2446. - Draft Environmental Document -Approved Dec 2447 and publicly circulated 2/24/48 - 3/21/48. - Final Environmental Document -Preparing final document. - FHWA Air Conformity - 2nd submittal under Caltrans review. 14. French Valley Parkway Orrercrossing and Interchange, Project Report (PR}, Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between W inchester Road Interchange and the I-15/I-215 split. The project is moving through the Caltrans process. Current status is as follows: - Draft Project Report -Approved June 2446. - Project Report -Final preparation pending approval of Environmental Document. - Draft Environmental Document -Preparing revised documents per Caltrans review. - New Connection Report -Under FHWA-HQ review. - Traffic operations Analysis -Approved 02145148. - Exception to 24-yr Traffic Design -Approved 12/17/47. - Stormwater Data Report -Preparing final report. - Mandatory Design Exceptions -Approved 47118146. - Advisory Design Exceptions -Approved 47/18/46. - Exception to Ramp Metering Policy -Approved 47145/46. - Geometric Approval Drawings -Approved 07/18/46. - Revised Geometric Approval Drawings -Approved 41/11/48. - Storm Drain Study -Approved 43121148. - Freeway Agreements -Revised exhibits under Caltrans review. - Risk Management Plan -Updating as necessary. - Project Charter - 1 st draft is under Caltrans review. - Declaration of Units -Request for Metric Exception denied by Caltrans. - Maintenance Agmt -Preparing 1st submittal for Caltrans review. - Financial Plan -Preparing 2nd submittal for Caltrans review. a 15. Temecula Creek Crossing -Access to Highway 79 South {Temecula Parkway) Bridge Alignment Study -Avenida de Missions over Temecula Creek The project consists of performing an alignment study to set a specific harizantal and vertical alignment for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Rd., including a bridge crossing over Temecula Creek. Council approved the Professional Engineering Services Agreement with Nolte Associates, Inc. far a Bridge Alignment Study at the fl6/10/08 council meeting. CITY OF TEMECULA PAGE 1 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asi12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TIl1iE °!U NO. Pit[ORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE C-ONTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) PROJECTS UNDER CONSTRUCTION Raripaugh Ranch Fire Station The majority of work was completed by April of 2006. Roripaugh Developer (Ashby} Tovey Shultz Construction, Inc. $3,296,000 schedule shows access and utilities to the site in August 2007. Because of this there was Approved Change Orders $212,768.24 cost to re-mobilize and complete the project when the aforementioned items are complete, PW03-01 I ° o 93 /° these casts are reflected in an approved change order fatal, which is the responsibility of the McBride 12107 ( ) developer. In addition, a fire engine/truck venting system (requested/added on 2/06} will be installed when the Contractor is re-mobilized, this cast is also included in the approved change order total. Temecula Education Center Rough Grading This project will provide far the grading of the proposed Temecula Education Center. All Contractor: Yeager Skanska, Inc. $3,155,810 100% work was completed on March 26, 2007. Other ongoing work under this contract involves PW06-03 I and Approved/ Pending Change Orders of David Original work 99%original EMWD work outside of the project limit which was completed in late July. The property was $2,590,802.30 McBride 100°I° CCO#1 97°!° CCQ#1 prepared for the rainy season and we are in the process of resolving all issues with EMWD. work City Field Operations Center (Maintenance Most punch list work is complete. The City, consultant and contractor are working to resolve Facility and Corporate Yard} -Phase 2. the stem wall to curtain wall connection leak that happened during the last major storms. PW03-Q6 I Contractor: Tovey Shultz Construction. David 99°!° 91% Contract Amount: 6,690,000 McBride (10/07 } Approved Change Orders: $185,516.85 Rancho California Raad Widening ,Old Tawn This project will construct an additional eastbound lane to provide for a right turn lane to Front Street to I-15 (Southside} southbound I-15, as well as modify the existing median to accommodate dual left turn lanes Contractor: Sean Malek Engineering & from westbound Rancho California Road to southbound Old Town Front Street. AT&T has PW02-19 I Construction $1,732,447 and approved change David 99% 6B% removed the excess encasement of their facilities to allow the construction of the missing orders totaling $71,778.36. McBride (11107} storm drain. This allowed the City to complete the storm drain construction. Construction is complete. Project acceptance and f fling the Notice of Completion will be done in the near future. Murrieta Creek Multi Purpose Trail This project will build equestrian and bike trails along Murrieta Creek between Rancho Contractor: IAC Engineering, Inc. 1,308,148.48 California Road and Diaz Raad. Riverside County Flood Control has issued the Laura 1§% Encroachment Permit. The Notice to Proceed was issued for March 17, 2008 and a PW01-2'7 I Braggi (09108) 10% Groundbreaking Ceremony took place on March 1 B, 2008. Contractor constructed portion Amer Attar of the mow curb and is in the process of grading for the trails. Also utility conflicts are being dealt with. Traffic Signal -Rancho California Road @ Under this project, a traffic signal will be installed on Rancho California Road at Business PW07-02 I Business Park Drive, West Amer Attar 100% 7g% Park West. All work on this project is complete. The signal was turned an on Tuesday Contractor: Ramilan Electric, $179,000 (02108 } 02/26/08. We are working with the contractor to close out this contract. Old Tawn Infrastructure Project -Town Square This project includes the construction of the Tawn Square and street improvements on and Mercedes & Main Street Improvements Mercedes & Main Streets. On March 1 B, 2008, the City Council awarded the construction PW06-47 I Contractor: LH Engineering David 0% a% contract L H Engineering Company, Inc for $3,458,495.00. Construction is underway. (iC & 1 E) Contract Amt: $3,458,495.00 McBride ( ) W PS061208 CITY OF TEMECULA PAGE 2 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asi12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TIl1iE °!U NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE C-ONTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) Old Tawn Infrastructure Projects This project will effectively underground all overhead utility lines along Old Town Front - Underground Utility District Street, between 2nd and 6th streets, all of Main Street east of Murrieta Creek & Mercedes PW06-07 david 900!° Street between 2nd and 6th streets. The City's (Rule 206} and SCE's (Rule 20A) bidding {i B} I McBride) { 4108 } N/A closed 3/618 and a low respanslve contractor was identified. Street improvement plans have Greg Butler been forwarded to the utilities. U/G utility construction is being closely coordinated with the street improvement project and it started in May 2008. Citywide Concrete Repairs FY 2007-OS This project will remove and replace various concrete improvements including sidewalk, Contractor: International Pavement Solutions, Kendra curb and gutter, crass gutters, driveways approaches, and under sidewalk drains. Contract PW08-01 I Inc. Hannah- 48°!° 0°!° was awarded to International Pavement Solutions far $82,969.00 on 04/08/06 and the pre- Cantract Amount: $82,969.00 Meistrell (06108} construction meeting was held an 05113/2008. Construction began on 05127/08. Citywide Slurry Seal Project FY 2007-2008 Kendra This project will slurry seal streets mainly in the Palama del 5cl area. Contract was PWOB-02 I Contractor: All American Asphalt Hannah- ° 0 !° 0°!° awarded to All American Asphalt for $361,199.88 on 04/08/06 and the pre-construction Contract Amount: $361,199.88 Meistrell { 08108 } meeting was held on 05/29/2008. Construction is effected to begin on 06/30108. Pechanga Parkway Improvements -Phase II, This project will widen Pechanga Parkway to its ultimate width from Temecula Parkway to from Temecula Parkway to City Limits [cv Steve Pechanga Road. Caltrans HQ and FHWA has authorized the project for construction. The PW99-11 I Pechanga Raad. Beswick! 0°I° 0% project was awarded at the April 22, 2008 Council meeting. The road work is scheduled to (Phase II) Contractor: All American Asphalt Amer Attar begin at the end of June 2008 after the Pechanga's recycled waterline project between Wolf Contract Amount: $8,131,964.98 Valley Road and Loma Linda Road is completed. PRDJECTS BEING DESIGNED BY CDNSULTANTS Pechanga Parkway Storm Drain Improvements - This project includes the construction of new wetlands as part of the Wolf Valley Creek Environmental Mitigation Channel - Stage I to include new landscaping and irrigation systems. The site is located Consultants: Community Works Design Steve along the north bank of Temecula Ceek (within flaodplain/way areas}. The environmental PW99-11EM $29,840 Beswick! regulatory agencies have approved this new mitigation area. RCFCD had no significant I Mayra De La 95°!° 95°!° comments re the installation work. Mylars are currently under review. The bid document Torre and technical specs will be finalized by the end of the month. The appraisal for 3 easements is now complete; offers for purchase of the property were made. Murrieta Creek Bridge and Overland Drive The project includes the extension of Overland Dr from Commerce Center Dr to Diaz Rd Extension from Commerce Center to Diaz Rd Steve w/a bridge aver Murrieta Creek. Coordination with RCFC& WCD and Army Corp is required. Consultant: Project design Consultants Beswickl 70% The Corps completed their HEC-RAS Study for Murrieta Creek. The access ramps and PWOtI-26 I Contract: $466,940 Mayra de La 60°!° under crossings at bridges are included in the HEC-RAS data. 4' of freeboard far the Torre proposed bridge is provided. We are working with consultant to finalize revised scope of work. Extra Work Authorization will be complete by next week. Main Street Bridge Over Murrieta Creek This project will replace the existing Main Street Bridge over Murrieta Creek. Design (Replacement} consultant Simon Wang Engineering (SWE} and the City are continuing to pursue Consultant: Simon Wong Engineering environmental permitting and coordination issues associated with pursuing the bridge Contract amount: $317,719 Jan Salazar! 50°!° replacement as a project separate from the Army Corps of Engineer's Murrieta Creek PW03-05 I Amendment Na. 1: Contract term exkension Amer Attar { 1109 } 50°!° im rovement ra ect. Environmental consultant EDAW has com leted biota ical field p p l P g Amendment No 2: Contract term extension studies, and an NES report is being prepared. Geocon has completed an Environmental Amendment Na. 3: $322,305 Site Assessment and it was submitted to Caltrans far review. 9o%design plan submittal is expected in July. W PS061208 CITY OF TEMECULA PAGE 3 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET as~12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TIl1iE °lU NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE C-ONTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) Dlaz Road Extension to Cherry Street This project is "On-hold"' as it is some what dependent on the final state of the PW00-10 I Consultant: Kimley-Horn and Assoc. David NIA°!a WA% Education Center property. $167,101.00 McBride Multi-Trails System -Margarita Road Under This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek Crossing under Margarita Raad. Data regarding existing utilities are being incorporated intathe Consultant: LAN Engineering design. RCFC has provided an Encroachment Permit. This project cannot be constructed PW04-13 I Contract Amount: $114,426.00 William 100% 100°!a until adequate funds are identified. An application was submitted for State Bicycle Becerra Transportation Account (BTA}funds an 1211/06. Plans & Specs will be completed soon and the project will be shelved until funding is identified and appropriated. Western Bypass Corridor -Alignment Study This project will complete an alignment study far the northern portion of the Western Consultant: URS Corporation Bypass Corridor (from Cherry Street to just south of Rancho California Road). The City has Contract Amount: $265,180 received the Final Report and the final Plans from the consultant (URS}. The proposed PW05-14 III Amer Attar !00% 100°!a alignment was approved by the Planning Commission on 06/04/08. The proposed alignment will be presented to the Gity Council for adoption at the 06/24/06 City Council Meeting. Pedestrian/Bicycle Bridge Over Santa Gertrudis This project includes the construction of an approx. 150' ped/bike bridge over Santa Creek Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a Consultant: Nolte Associates NEPA document. Preliminary Environmental Study (PES} form is to be submitted to Contract Amount: $132,807 Jan Salazar/ 28% Caltrans within the next month. Coordination between the City and Rancho California PW05-11 I Amer Attar (10/09) 16°!a Water District to acquire a portion of an RCWD-awned parcel needed to construct the bridge continues. 30% design plans submittal was received an 5/9/08 and is undergoing staff review, as is the foundation repork prepared by Petra Geotechnical, submitted on 5/21/08. Ronald Reagan Sports Park Channel Silt This project includes restoring the Best Management Practices (BMP} of the Stormwater Removal & Desiltation Pond Pollution Prevention Plan (SWPPP}, the Water Quality Management Plan (WQMP} and the Env. Consultant: BonTerra Consulting requirement of RWQCB by desiltingthe basin located near the Sports Park. Gity's -Contract: $67,340 environmental consultant, BonTerra, continues to work on the environmental clearance PW05-13 I -Amendment No.i : $25,520 William 65°!a 79°!c process; regulatory permit applications were submitted on 12/13/07. Civil design was design Consultant: Cozad&Fox Becerra (09/08) initiated utilizing the Annual Agreement consultant. Staff is reviewing 90°!° submittal. -Contract Amt.$24,220 Mitigation requirements by regulatory agencies have prompted adown-sized construction scope of work. A monitoring mitigation strategy is being reviewed by the regulatory agencies. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge Consultant: TYLIN International aver Murrieta Creek at the westerly terminus of Temecula Parkway (79S} and an extension Contract Amt: $378,776.20 of Pujol Street to the new structure. Once constructed, this will serve as the southerly PW06-04 I William 30°la 23% connection of the Western Bypass Corridor. This project has been on hold, but is now Becerra (TBD) being restarted. Staff has received an amended proposal far the design and is effected to seek City Council Approval an June 24, 2008. W PS061208 CITY OF TEMECULA PAGE 4 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET as~12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TIl1iE `~U NO. PiZ[ORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE C-ONTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Consultant :Meyer and Associates Community Center to accommodate more human services programs. The grading portion of Original contract: $136,680.00 this project is complete. This work was awarded to Addison Equipment Rental and they PW06- III Amendment#1: $70,052.50 Bill McAteer 99% 80% completed all grading operations by May 5, 2008. The Escallier House and Barn were 05CSD (07/08) moved onto the site on June 5, 2008. The Plans and Specifications are currently being reviewed by the EDA. Once their comments are addressed and the a specif icatians are approved the project will ga to bid. Redhawk Park Improvements This project will add amenities to four park sites in the recently annexed Redhawk area. Consultant: RJM Design Group, Inc. Due to budgetary restraints, the construction was divided into phases over a number of Contract Amount: $164,574 years. At the December 11, 2007 meeting, the City Council approved an agreement with Kendra ° 0 /' RJM for the construction drawings of the chosen amenities, which include a half court PW06-06 I Hannah- ( ) 0% basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a Meistrell seatwall and shade structure at Sunset Park. A kick off meeting with the design consultant was held on 02/05/08. The preparation of the construction drawings continues. Old Tawn Infrastructure Projects This project involves demolishing the existing non-historic structures on the City owned -Site Demolition and Site Prep Greg Butler) ° parcels at the intersection Main and Mercedes to make way for the Main Street PWOA,07 I David a6 OB NIA Realignment and the Old Town Parking Structure. The remaining item under this contract, McBride ( ) The relocation of the Escallier House and Barn was accomplished an 06/05/08. Old Tawn Infrastructure Projects This project will construct a parking structure, including office frontage as part of phase 1 of -Parking Structure & Office.~Retail frontage Mayra De La ° Old Town Civic Center project. The 3rd plancheck submittal is anticipated this week. Specs PW06-07 I Torre/Greg 90 /° o 51 /° will be completed by the end of the month. Two Encroachment Permit applications have 1D ( } Butler ) (7/08 been submitted to Caltrans far the retaining wall and storm drain facilities. The project is anticipated to be out to bid in July/August. Old Tawn Civic Center Phase 2 Under this project the design and construction documents for phase two of the Civic Center PW06-07 I Schematic design, design Development and Greg Butler 22% ° 10!° Project will be developed. design consultant NMR continues the schematic design process. Ph2 Construction Document for hose two of the p (9/48) NMR is finalizing the departmental floor plans and exterior elevations. Civic Center Project Temecula Parkway (formerly79 South} Park & This project will design and construct a park and ride facility on Temecula Parkway Ride (formerly 79 South} at La Paz. We are currently waiting for the Los Ranchitos Homeowners PW06-09 1 Consultant: AAE Inc. Bill McAteer 75°l 75% Association to comment an the design. TCSD also has yet to complete their review. The Contract Amt: $109,085 landscape planting may need to be revised to be in line with the City of Temecula's proposed sustainability program. De Portala Road Pavement Rehabilitation Project This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to (from Jedediah Smith to Margarita) Margarita Rd. This is a federally funded project. The Environmental document (Categorical Consultant: GFB-Friedrich & Assoc, Inc. Exclusion} was approved by Caltrans on August 8, 2007. Extra work authorization far the PW06-10 I Contract Amount: $146,100 Jon Salazar 80% g3% design consultant to expand the scope of the drainage study/design for the project was (10/08) approved on 6/2/OB. design consultant submitted 90% plans (minus drainage plans) on 5/28/08; 100%design submittal is expected this month. Pechanga Pkwy-Dual Right Turn Lanes from This project includes the design and construction of 2 right-turn lanes on EB Temecula Temecula Parkway (R79S} Steve Parkway to SB Pechanga Parkway. The project includes the widening of Temecula Parkway PW06-11 I Consultant: Cozad & Fox Beswick/ 95% gg% at Pechanga Parkway & relocation of traff is signal poles. 100% design plans are complete. Contract: $29,010 Mayra De La The City is in the process of purchasing the required right of way. Once the needed right of Torre way is acquired, construction will be scheduled. W P5061208 CITY OF TEMECULA PAGE 5 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET as~12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TI11iE `7U NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE CdNTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) Santiago Detention Basin Steve This project includes the design of a 1-ac desilting basin. The proposed basin is located an Consultant: Kimley Horn BeswicklMa 50°I° the so side of Santiago Rd between Vallejo Ave and Orsmby Rd. 100% design plans were PW06-12 I Contract: $65,250 yra De La (5/08) 40°!° submitted. City is to review the plans and complete the specs by the end of the month. Torre Pavement Rehab - STPL Project This project will rehabilitate Rancho California Road from Ynez Rd. to the City limiks an the PW06-14 Kavon g7% g7°f° east. Consultant is working on the 100% design package. The City received the signed Haghighi PES form and the Categorical Exclusion (CE}from Caltrans. Winchester Road /State Route 79 North - North This federally funded project will design and construct landscaping and irrigation Corridor Beautification enhancements to the existing raised medians along Winchester Road between Ynez Road PW46-15 Kavon g7°!° 970!° and the easterly City limits. The consultant is working on the 100% design package. The Haghighi City received the signed PES form and the Categorical Exclusion (CE} from Caltrans. French Valley Parkway /Interstate 15 Over- City continued design work. Status is as follows: Crossing and Interchange Improvements -Phase > PS&E -Consultant is preparing 95%plans (retaining walls and landscape/irrigation}. 1 (P5&E} > Type Selection for Retaining Walls -Approved November 2007. Consultant: Moffatt & Nichol ~ Right of Way -Establishing limits of dedication. discussions are continuing with owners Amend. No. 1: $ 507,881.00 William of affected parcels within Phase 1 work. Amend. No. 4: $ 632,058.00 Becerra! > Declaration of Units -Caltrans Approved Metric Exception for this phase. PWtl7-04 I Amend. No. 8: $1,087,300.00 Avlin 60% ° 51 /° ~ Utilities -Updated pothole plans are under Caltrans review. Notes: (05/10) > Conceptual Landscape/Aesthetics -Concept was selected, with Murrieta, Caltrans, and > Amend. Nos. 1, 4, & 8 amend original Odviarl IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. agreement under PW02-11. Amer Attar > Amendment amounts represent portion Other: appropriated for PW07-04. > Maintenance Agreement -City preparing exhibit for first draft. Old Town Gymnasium This project is currently an hold. PW07- II Consultant: WLC Architects Bill McAteer 0°!° NIA 05CSI? Contract Amount: $307,390.00 (09/08 ) Re-Stripe Route 79 South to 8 lanes from This project will provide four lanes in each direction an Temecula Parkway (formerly State Pechanga Parkway to I-15 Kendra Route 79 South} from I-15 to Pechanga Parkway. City is reviewing 95% design plans. PW07-08 I Consultant: J M Diaz, Inc. Hannah- 95°!° 90°!° Construction will be coordinated with the following project: Pechanga Parkway Dual Right Contract Amount: $5,500.00 Meistrell Turn Lanes from Temecula Parkway, Project No. PW06-11. Pavement Management System Update 2008- This project will update the City's Pavement Management System for the years 2008-2013. 2013 Kavon The Council approved an agreement with Wildan on March 18th. Notice to proceed was PW07-11 I Haghighi 5°/D 0°!° issued to the consultant last week. The City forwarded all requested information to Willdan to initiate the project. PROJECTS BEING DESIGNED BY STAFF Localized Storm Drain Improvements This project will fixthe drainage problem at the south end of Front Street (at the MWD PW04-02 II NIA easement}. Baseline right of way, utilities, and mapping are established. This project is (WA} currently on hold. Long Canyon Detention Basin -Access Road Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess PW04-07 I ??????? 0% NIA silt deposited within the basin before constructing the access road. Project is an hcld ( ) until FEMA determination is finalized. W P5061208 CITY OF TEMECULA PAGE 6 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asi12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TIl1iE `7U NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE CdNTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) Roller Hockey Rink This project will replace the boards at the existing Roller Hockey Rink. The contractor Dasher Board System gill estimates that the Dasher Board System will arrive on site by July 1, 2008. Once materials PW07-12 McAteer 104°I NiA are on site, a notice to proceed will be issued and the Contractor (YAKKAR) will have 20 working days to perform their portion of the work. PROJECTS IN THE PLANNING STAGE I-15 / 5R 795 Ultimate Interchange City continued development of design geometries, technical studies, and reports. Status is Project Report (PR) as follows: Consultant: RBF Consulting > Draft Project Report -Approved January 2008. Contract Amount: $ 325,944.00 > Project Report -Under Caltrans review. Amendment No. 1: 96,196.00 ~ Advisory Design Exceptions -Approved Oct 2006. Extra Wark Auth. No. 1: 13,426.00 > Mandatory Design Exceptions -Approved dct 2006. Extra Work Auth. No. 2: 17,732.00 > Stormwater Data Report -Under Caltrans review. (Extra Work Auth. No. 3: 16,426.00) ~ Traffic Study -Approved Sept 2006. (Extra Work Auth. Na. 4: 5,032.00) > Modified Access Report -FHWA Determination of Acceptability, approved July 2007. Nate: EWA No. 3 and 4 will be paid with unused Avlin 90% Final approval pending approval of the Final Environmental Document. PWt14-08 I portion of Amend No. 1. Odviar( (07/08) 89% ~ Geometric Approval drawings -Preparing 2nd submittal for Caltrans review. Arner Attar > Inikial Study Assessment -Approved Sep 2005. > Acoustic Evaluation -Approved Dec 2005. ~ Air Quality Assessment -Approved PM10 Nov 2005 and PM2.5 Jul 2006. > Nat Environmental Study -Approved May 2006. > Cultural Studies -Approved Nov 2006. ~ draft Environmental Document -Approved Dec 2007 and publicly circulated 2120/06 - 3/21/08. > Final Environmental Document -Preparing final document. ~ FHWA Air Conformity - 2nd submittal under Caltrans review. W PS061208 CITY OF TEMECULA PAGE 7 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET as~12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TIl1iE `~U NO. PiZ[ORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE C-ONTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) French Valley Parkway /Interstate 15 Over- City continued development of the Project Report and Environmental Document. Status is Crossing and Interchange Improvements as follows: (PA & ED} > draft Project Report -Approved June 2006. Consultant: Moffatt & Nichol > Project Report -Final preparation pending approval of Environmental Dac. Agreement Amount: $1,091,693.00 > Draft Environmental Document -Preparing revised documents per Caltrans review. Amend. No. 1: 202,652.40* > New Connection Report (NCR} -Under FHWA-HQ review. Amend. No. 2: 21,630.00 > Traffic Operations Analysis -Approved 02/05/08. CCO No. 1: 25,000.00 > Exception to 20-yr Traffic Design -Approved 12/17/07. CCO No. 2: 8,000.00 > Stormwater data Report - Preparingfinal report. CCO No. 3: 18,008.00 William > Mandatory Design Exceptions -Approved 07/18/06. CCO No. 4: 11,320.00 Becerra! > Advisory Design Exceptions -Approved 07/18106. PWtl2-11 I CCO No. 5: 37,645.00 Avlin 90°!0 ° 133 /° > Exception to Ramp Metering Policy -Approved 07/05/06. Amend. No. 3: 283,gg2,52 Odviarl ~ 09108 } > Geometric Approval Drawings -Approved 07/18/06. Amend. No. 4: See PW07-04 > Revised Geometric Approval Drawings -Approved 01/11/08. Amend. No. 5: 169,000.00 Amer Attar > Storm drain Study -Approved 03121/08. Amend. No. 6: 110,917.00 Amend. No. 7: 14,573.36 Other: Amend. No. 8 See PW07-04 > declaration of Units -Request for Metric Exception denied by Caltrans. Notes: > Freeway Agreements -Revised exhibits under Caltrans review. > Amend. No. 1 also applies to PW07-04. See > Risk Management Plan - Updating as necessary. PW07-04 for add'I apportionment. > Project Charter - 1st draft is under Caltrans review. > Maintenance Agreement -Preparing 1st submittal for Caltrans review. > Financial Plan -Preparing 2nd submittal for Caltrans review. Temecula Creek Crossing - Access to Highway The project consists of performing an alignment study to set a specific horizontal and 79 South (Temecula Parkway} vertical alignment far an extension of Avenida de Missions southerly to gain vehicular Bridge Alignment Study - Avenida de Missions Kendra aofo access to Loma Linda Rd., including a bridge crossing aver Temecula Creek. Council PWt18-03 II over Temecula Creek Hannah- (12108 } 0% approved the Professional Engineering Services Agreement with Nolte Associates, Inc. for a Consultant: Nolte Associates, Inc. Meistrell Bridge Alignment Study at the 06/10/08 council meeting. Contract Amount: $87,923.00 PROJECTS WAITING IN THE WINGS Butterfield Stage Road - Raripaugh CFD °~ All work has been on hold while Developer finalizes construction financing. III Amer Attar { } NIA PW00-29 II Citywide Master Drainage Plan ???????? % ~ } NIA Postponed. Sam Hicks Monument Park Playground This project will replace the playground at Sam Hicks Monument Park to comply with new Replacement Kavon standards. The funding for this project is through Community Development Block Grant. PW06-16 Haghighi ° O la NIA Funding for this project has been reallocated. Postponed until funds are allocated. Auxiliary Lanes on I-15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on I-15 in Temecula to improve the freeway operation. An RFP to conduct Laura the study was published an the City's website on 02/14/07. Proposals were received an PW06-17 I Bragg/ 0% NIA 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding Amer Attar constraints, this project is being delayed until Fiscal Year 200912010. Funding this project will be reviewed again during the FY200812009 budget process. W P5061208 CITY OF TEMECULA PAGE 8 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asi12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TI11iE `~U NO. PiZ[ORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE CdNTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) RIGHT OF WAYRELATED PROJECTS French Valley Parkway/ I-15 Overcrossing and Architect has provided final report on casts of improvements far Basics and Mortuary. PW02-11 I Interchange, Project Report (PR) Carol N/A N!A 5coping session with appraisers is scheduled for May 21. Chiodo Pechanga Parkway Carol Settlement reached with all owners; have to go back to Closed Session on one parcel due to PW99-11 Chiodo issues with lender. Butterfield Stage Road -Roripaugh CFD Carol Closed escrow on Calixta parcel. Demolition to be scheduled after June 21 st. Waiting far CED 03-02 Land Dev to complete review of right of way issues to determine if more r/w needs to be Chiodo acquired. Diaz Realignment Carol Need to record various deeds on parcels affected by project. PW 95-27 I Chiodo Pechanga Parkway (right turn lanes) Carol Received authority in Closed Session on May 13th to make offers; waiting for reporks from PW 06-11 Chiodo review appraiser. Pechanga Parkway (mitigation land) Carol Received authority in Closed Session on May 13th to make offers; waiting far report from PW 99-11 Chiodo review appraiser. Pechanga Parkway Carol Have settled with all owners but have to return to Closed Session to advise Council of Chiodo changes to be made to Agreement for one owner who had difficulty wikh lender Surplus Land :Diaz Raad Realignment Carol Received authority in Closed Session on May 13th to commence negotiations with Outdoor Chiodo Channel. Riverside County Flood Control Parcels-Old Carol Received Purchase Agreement from RCFC; need to make revisions and send back Town Chiodo Santa Gertrudis Ped. Bridge Carol Have agreed to terms of Purchase and Sale; will need to take to Closed Session; need to PV407 05 Chiodo prepare Entry Permit for purposes of conducting Phase I and II, if required. Santiago Detention Basin Carol Had scoping session with appraiser; sent Notice of Decision to Appraise to owner Chi ado Civic Plaza Carol Delivered all Entry Permits to 4 owners along north side of new City Hall project; will take to Chiodo Closed Session May 27 to gek Council approval for offers on Entry Permits Policy re: Site Assessments Carol Editing Site Assessment policy Chiodo Miscellaneous Right of Way Related Items Carol review of Caltrans procedures; working on draft of Relocation handout required by law Chiodo On- oin g 9 NIA SPECIAL AND MISCELLANEOUS PROJECTS CFD 0302 Roripaugh Ranch CFD Amer Attar N/A 2% Processing Bid Packages and Reimbursement Requests. CFD 0102 Harveston CFD Amer Attar NIA 18% Processing Reimbursement Requests. All bid packages are complete. Harveston CFD Processing Reimbursement Requests. All bid packages are complete. CFD0306 Amer Attar NIA 58°la CFD 0301 Crown Hill CFD Amer Attar NIA g% Processing Reimbursement Requests. All bid packages are complete. CFD0303 Wolf Creek CFD Amer Attar NIA 30% Processing Reimbursement Requests. All bid packages are complete. W P5061208 CITY OF TEMECULA PAGE 9 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asi12/2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT `7O TIl1iE °!U NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE C-ONTR.~C:T CURRENT STATCIS Rc PROGRESS (EsccampJb6idare> PAID ($) Serena Hills CFD Processing Reimbursement Requests. All bid packages are complete. CFD0208 Amer Attar N/A 0°!a Various I Tracking, preparing, and processing Federal and Julie Dauer On-going NIA Various Projects. State Funds Reimbursements Contract Administration Preparation, review and training as required for CIP project contracts, amendments, extra Various I Julie Dauer On-going NIA work authorizations & change orders. Providing assistance to staff in processing contracts and purchase orders for all CIP division projects. Murrieta Creek Multi Purpose Trail Request for Authorization' has been approved far construction. TCSD to develop ca-op agreement with Riverside County Flood Control. Awaiting Encroachment Permit from PW01-27 I Julie Dauer N/A NIA RCFCD. Bid Opening August 15, 2007. Prepared "justification Farm' for Caltrans for update an project status for the quarter ended 9/30/07. PW06-14 I Surface Transportation Program (STP} - De Julie Dauer N/A N!A Received approved PES, CE and NES(MI}for environmental clearance on October 30, Portola Raad Pavement Rehabilitation 2007. Highway Bridge Replacement & Rehabilitation Agreement approved between City and Simon Wong for the environmental processing for PW03-05 I program (HBRR} -Main Street Bridge Julie Dauer NIA NIA this project. Total HBRR funds $3,920,000. SR25- Safe Routes to School Program - In process of preparing PES, ISA checklist and NES(MI} documents for environmental Pedestrian/Bicycle Bridge over Santa Gertrudis review. Agreement prepared between the City and Nolte Associates to provide additional Creek to Chaparral High School environmental review and assistance as needed for environmental clearance. SR2S funding PW05-11 I Julie Dauer NIA NIA has been awarded in the amount of $425,520. No State funds are to be allocated for this project, therefore NEPA environmental processes will be required. In addition to SR25 funding we have been awarded $132,000 in SB621 funding. Transportation Uniform Mitigation Fee (TUMF) Quarkerly review of expenditures for TUMF reimbursement requests. Various I Julie Dauer N1A N/A TE -Transportation Enhancement PE5 & Field Review farms and NES (MI} and ISA Checklist have been prepared and Winchester Road/State Route 79 North Corridor submitted to Caltrans far environmental review. Received comments from Local Assistance PW06-15 I Beautification project Julie Dauer N/A N!A and have completed responses and submitted for additional review by Caltrans. Total funds awarded per TE Funding adjustments $1,133,000. PW99-11 Pechanga Parkway Phase II Street Have received environmental approval and are currently in process of completing the right- I Improvements -Public Land & Highways Funded Julie Dauer N/A NIA of-way processes. Completed RFA package will be submitted upon ROW certification. (Phase II) CIP Project Files Continue process of review of current and completed CIP projects for archiving. Various I Julie Dauer N/A N!A Various I Grant Files Julie Dauer NIA NIA On-going review and update of all grant f files for the CIP division. Formulating a list and crass-references for current and active grant programs and projects. Varieus I Bond Releases Julie Dauer NIA NIA On-going processing of bond releases for City Clerk's office for various completed CIP projects. 2006/07 Bicycle Transportation Account 2006107 BTA funds approved for the preliminary engineering of our Santa Gertrudis Creek TBD I BTA Funds Julie Dauer NIA NIA Bicycle Trail Extension and Interconnect project. Total award $395,000. Quarterly Review Review of Federal and State funding of CIP projects for preparation of reimbursement Varieus I Julie Dauer NIA NIA invoices for costs incurred during each quarter. Also include review of administrative casts for CIP projects and prepare reporks for Finance. Standardize the format of the Specifications for Specifications library is continuously being updated and amended. The bailer-plate section all projects David is also being reviewed and updated. McBride On- oin g g NIA W PS061208 CITY OF TEMECULA PAGE 10 OF 1U CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET asi12/2aag :PROJECT PROJECT NAME DESCRIPTION, ' PROJECT % TIl1fE °~° ` NO. PRIORITY CONTRACTOR & CONTRACT $'s ENGIlVEER COMPLETE C .ONTR.~C:T CURRENT STATCIS t`c PROGRESS ~sccomnjneteare> PAID (`,6~ Circulation Element Implement Plan This Project is to identify all future projects necessary sa that the current Circulation Element of the General Plan is fully implemented. Data entry into the database is complete. f Amer Attar! N/A NIA The tasks of field verification, cost estimates preparation, and aerial mapping have all been Laura Bragg completed. This completed project information was submitted to Greg Butler/bill Hughes on March 27, 2008. Update Plans to Reflect As-Built Conditions for City receives blue prints from many contractors marked with As-Built conditions for various All Recent Projects projects. Some of these As-Built conditions have never been transferred to the project ~~~~?~ On- oin g g NIA mylars. As-Built plans will be created for all recent projects, if it was not done at the time of Consultant Selection An Access database was created far our Consultant Selection List. Information is available Various I Laura Bragg On-going N!A an the City's web-site on how to be placed an the list and responses are being entered into the computer as they are received. W PS061208 Approvals ~ City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: June 24, 2008 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of May 2008. PATROL SERVICES Overall calls for police service .................................................................................................. 8062 "Priority One" calls for service ....................................................................................................... 42 Average response time for "Priority One" calls .............................................................3.57 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 420 Community Action Patrol (CAP) hours ....................................................................................... 162 Reserve officer hours (patrol) ....................................................................................................... 19 Total Volunteer hours ................................................................................................................ 1234 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ............................................... ......................................... 4 Residential/business security surveys conducted ................................. ......................................... 3 Businesses visited ................................................................................. ....................................... 23 Businesses visited for past crime follow-up ........................................... ....................................... 13 Crime prevention articles ....................................................................... ......................................... 1 Total square footage of graffiti removed ................................................ ................................ 55,869 Number of Graffiti Locations ....................................................... ................................. 43 OLD TOWN STOREFRONT Total customers served ............................................................................................................... 290 Sets of fingerprints taken .............................................................................................................. 68 Police reports filed ........................................................................................................................ 20 Citations signed off ....................................................................................................................... 33 Total receipts ..................................................................................................................... $5,639.00 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ......................................... On sight misdemeanor arrests ............................. Felony arrest warrants served ............................. Misdemeanor arrest warrants served .................. Follow-up investigations ....................................... Parole Searches ................................................. Gang Members Contacted .................................. TRAFFIC Citations issued for hazardous violations ....................................................... .......................... 1001 D.U.I. checkpoints conducted ......................................................................... ................................ 0 D.U.I. Arrest ....................................................................................... ...........................28 Nan-hazardous citations ................................................................................. ............................ 328 Stop Light Abuse/Intersection Program (S.L.A.P.)citations ............................ ............................ 230 Neighborhood Enforcement Team {N.E.T.) citations ..................................... ............................ 124 Parking citations .............................................................................................. ............................ 480 Seatbelts ........................................................................................ ..........................60 School Zones .................................................................................. ..........................65 Injury callisions ................................................................................................ .............................. 16 Prese ntatia ns ................................................................................. ............................1 INVESTIGATIONS Beginning Caseload .................................................................................................................... 190 Total Cases Assigned .................................................................................................................. 45 Total Cases Closed ....................................................................................38 Number of community seminars/presentations conducted ............................................................ 0 PROMENADE MALL TEAM Calls for service ........................ Felony arrest/filings .................. Misdemeanor arrestlfilings....... Vehicle burglaries .................... Vehicle thefts ............................ Total receipts ............................ SCHOOL RESOURCE OFFICERS ......... 305 ........... 11 ........... 25 ............. 1 ............. 3 $5,849.00 Felony arrests .................................................................... ........................................................... 13 Misdemeanor arrests ......................................................... ........................................................... 11 Citations ............................................................................. ........................................................... 45 Youth counseled ................................................................ ....................................................... 270 Presentations .......................................................... ..................................................26 YOUTH ACCOUNTABILITY TEAM School visits ................................................................... ............................................................... 64 Home visits ..................................................................... ............................................................... 33 Presentations ...................................................... .......................................................6 Truancy Sweep ..................................................... .......................................................1