HomeMy WebLinkAbout062805 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JUNE 28, 2005 - 7:00 P.M.
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.
6:30 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
1. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding real property acquisition located at the northwest
corner of Diaz and Rancho California Roads - a portion of APN 921-020-075.
The negotiating parties are the City of Temecula and Eastern Municipal Water
District. Under negotiation are the price and terms of payment of real
property interests. The City/Agency negotiators are Shawn Nelson, James
O'Grady, and Bill Hughes.
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: No. 2005-10
Resolution: No. 2005-63
CALL TO ORDER:
Mayor Jeff Comerchero
Prelude Music:
Sienna Naggar on violin accompanied by Helen Miller
Invocation:
Pastor Rench of Calvary Baptist
Flag Salute:
Mayor Pro Tem Roberts
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ROLL CALL:
Edwards, Naggar, Roberts, Washington, Comerchero
PRESENTATIONS/PROCLAMATIONS
Certificate of Appreciation to Plannina Commissioner Mary Jane Olhasso
Demonstration of the City's T.R.I.P. Report (Traffic Restrictions in Proaress) Webpaae
Presentation on Temecula Community Demoaraphic Economic Report by John Husina. Ph.D.
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to
Speak" form must be filed with the City Clerk prior to the Council addressing that item.
There is a five (5) minute time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution approvina List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 Riverside County Librarv Contract Amendment NO.8
RECOMMENDATION:
3.1 Approve Amendment No.8 to the agreement to provide Library Services (additional
staff);
3.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the
Temecula Library Volunteer Coordinator half-time position and to subsidize funding
to maintain the Senior Reference Librarian and Reference Librarian positions for
fiscal year 2005-06.
4 Resolution adoptina FY 2005-2006 Solid Waste Rates
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SOLID WASTE RATES FOR
FISCAL YEAR 2005-2006
5 Purchase of TCSD Recreation Bus
RECOMMENDATION:
5.1 Approve the purchase of a TCSD Recreation Bus for $88,273.57 from Creative Bus
Sales, Inc.
6 Arts Council of Temecula Valley Special Eyents Community Grant Aareement
RECOMMENDATION:
6.1 Approve a Special Events Community Grant Agreement between the City of
Temecula and the Arts Council of Temecula Valley in the amount of $22,000.
7 Acceptance of Quitclaim Deeds - Redhawk Parks B. E. and F
RECOMMENDATION:
7.1 Authorize to accept and record the Quitclaim Deeds for Redhawk Parks B, E, and F,
subject to all title report issues being reviewed and approved by the TCSD and the
City Attorney's office.
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8 First Amendment to defer Conditions of Approval for Tract No. 29353-2 IRoripauah
Specific Plan)
RECOMMENDATION:
8.1 Approve the First Amendment to the agreement to defer Conditions of Approval until
after recordation of Final Map for Tract No. 29353-2 (Roripaugh Specific Plan).
9 Preliminarv Plans for Sprina 2006 Car Show
RECOMMENDATION:
9.1 Approve preliminary plans for and authorize staff to develop a sponsorship
agreement with P&R Foundation for production of a car show to be held on March
10, and 11, 2006.
10 Aareement for Contract Inspection Services for P&D Consultants and Berrvman &
Heniaar. Inc.
, RECOMMENDATION:
10.1 Approve an agreement for Consultant Services with P&D Consultants in an amount
not to exceed $52,000 plus a 10% contingency for Contract Inspection Services;
10.2 Approve an agreement for Consultant Services Berryman & Henigar, Inc. in an
amount not to exceed $52,000 plus a 10% contingency for Contract Inspection
Services.
11 Second Amendment for Plan Review Services
RECOMMENDATION:
11.1 Approve a Second Amendment to Esgil Corporation for Plan Check Services in an
additional amount not to exceed $149,130 for Plan Check Services to complete
Fiscal Year 2004-05, bringing the total contract amount to $349,130;
11.2 Approye an additional appropriation for $149,130 for plan check services to the
Building and Safety Plan Check Account No. 001-162-999-5248 - Consulting
Services.
12 Aareement for State Lobbyist with Wilson Group. LLC
RECOMMENDATION:
12.1 Approve a three-year contract for State lobbying services with the Wilson Group,
LLC in an annual amount of $42,000.
13 Aareement for Federal Lobbyist Services with David Turch & Associates
RECOMMENDATION:
13.1 Approve a three-year contract for Federal legislative services to be provided by
David Turch & Associates in the amount of $40,200.
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14 County of Riverside Sheriff Services Contract
RECOMMENDATION:
14.1 Authorize approval of the law enforcement contract with the County of Riverside and
authorize the Mayor to execute the contract in final form.
15 Third Amendment to City Manaaer's Employment Aareement
RECOMMENDATION:
15.1 Approve the Third Amendment to the Employment Agreement of the City Manager.
16 Purchase and Sale Aareement for property located in Old Town
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED AT 41950 MAIN STREET (APN 922-044-004) IN THE
CITY OF TEMECULA
16.2 Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $240,000 for acquisition, escrow, closing costs, appraisal, testing, and
related fees.
17 Authorize Temporarv Street Closure of Old Town Front Street between Moreno Road and
Second Street: Main Street from the Sridae to Old Town Front Street: Second Street:
Third Street: Fourth Street: Fifth Street: Sixth Street. and Mercedes Street between
Moreno Road and Second Street for the Star Spanaled Fourth of July Parade and
deleaate authority to issue Special Events/Street Closures Permit to the Director of Public
Works/City Enaineer
RECOMMENDATION:
17.1 Adopt a resolution entitled:
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD
AND SECOND STREET; MAIN STREET FROM THE BRIDGE
TO OLD TOWN FRONT STREET; SECOND STREET; THIRD
STREET; FOURTH STREET; FIFTH STREET; SIXTH STREET,
AND MERCEDES STREET BETWEEN MORENO ROAD AND
SECOND STREET FOR THE STAR SPANGLED FOURTH OF
JULY PARADE AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
18 Authorize Temporarv Street Closure of Pauba Road between Maroarita Road and Ynez
Road for the July 4'h. 2005 Fireworks Show and deleoate authority to issue Special
Events/Street Closures Permit to Director of Public Works/City Enoineer
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ
ROAD FOR THE JULY 4TH, 2005, FIREWORKS SHOW AND
AUTHORIZING THE DIRECTOR OF PUBIC WORKS/CITY
ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
19 Approyal of the Plans and Specifications and authorization to solicit Construction Bids for
Phase I of the Field Operations center (Maintenance Facility Expansion) - Project No.
PW03-06
RECOMMENDATION:
19.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for Phase I of the Field Operations Center/Maintenance
Facility Expansion - Project No. PW03-06.
20 Completion and Acceptance of the Diaz Road Realionment (Phase I) - Traffic Sionals
Diaz Road at Rancho Way and Rancho California Road at Business Park Drive - Project
No. PW95-27
RECOMMENDATION:
20.1 Accept the Diaz Road Realignment (Phase I) - Traffic Signals Diaz Road at Rancho
Way and Rancho California Road at Business Park Drive - Project No. PW95-27 as
complete;
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20.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
20.3 Release the Labor and Materials Bond seven months after filing of the Notice of
Completion if no liens have been filed.
21 Award a Construction Contract for Fiscal Year 2005-2006 Street Stripino Prooram -
Proiect No. PW05-02
RECOMMENDATION:
21.1 Award a construction contract for Fiscal Year 2005-2006 Street Striping Program-
Project No. PW05-02 to Pacific Striping, Inc. in the amount of $99,555 and authorize
the Mayor to execute the contract;
21.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $9,550 which is equal to 10% of the contract amount.
22 Second Readino of Ordinance No. 05-09 (Game of Binoo by Charitable Oroanizations)
RECOMMENDATION:
22.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA
MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY
CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE
REGULATION THEREOF
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
********************
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
*****************************************************************************************************************
Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD.2005-17
CALL TO ORDER: President Chuck Washington
ROLL CALL:
DIRECTORS:
Edwards, Comerchero, Naggar, Roberts, Washington
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 14, 2005.
2 Second Amendment to the Citywide Tree Maintenance Services Contract
RECOMMENDATION:
2.1
Approve the Second Amendment with West Coast Arborist, Inc. for $100,000
plus a 10% contingency of $10,000 and extend the agreement to June 30, 2006.
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3 Second Amendment to the Midori Gardens. Inc. Maintenance Services Contract
RECOMMENDATION:
3.1 Approve the Second Amendment with Midori Gardens, Inc. for $71,574 plus a
10% contingency of $7,157.40.
4 Annual Maintenance Services Contract
RECOMMENDATION:
4.1 Approve the minor annual maintenance and construction contracts for Fiscal
Year 2005-2006 for an amount not to exceed as follows:
. Rizzo Construction $200,000
. Murrieta Development $100,000
. Monteleone Construction, Inc. $100,000
. Power Distributors, Inc. $125,000
. Alexander Pacific $100,000
. Strong Painting $100,000
. Imperial Paving Company, Inc. $ 75,000
. N.P.G., Inc. $ 75,000
. Golden State Fence $ 75,000
. Moore Fence $ 75,000
. Craftsmen Plumbing $ 75,000
. Steam Superior $ 50,000
. Wurms Janitorial Services $ 50,000
. Park Specialties $100,000
5 Professional Services Aoreement for TCSD Landscape Plan Check and Inspection
Services
RECOMMENDATION:
5.1 Approve a Professional Services Agreement with PELA, a Landscape
Architectural Firm, for TCSD landscape plan check and inspection services in the
amount of $60,000 and authorize the Board President to execute the agreement.
6 Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year 2005-2006
RECOMMENDATION:
6.1 Adopt a resolution entitled:
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RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING
CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR
PURPOSES OF FUNDING THE ENERGY CHARGES FOR
RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR
2005-2006
6.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING
CERTAIN TRACTS WITHIN THE HARVESTON DEVELOPMENT
INTO SERVICE LEVEL C BEGINNING FISCAL YEAR 2005.
2006
6.3 Authorize the City Clerk/District Secretary to record the slope easement
documents.
7 Arts Council Community Grant Aoreement
RECOMMENDATION:
7.1 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.
8 Accept the Quitclaim Deed for a Landscape Maintenance Easement from the County of
Riverside of Redhawk Park A
RECOMMENDATION:
8.1 Accept the Quitclaim Deed for a Landscape Maintenance Easement from the
County of Riverside for Park Site A in the Redhawk Annexation area;
8.2 Authorize the City Clerk to record the Quitclaim Deed.
PUBLIC HEARING
Any person may submit written comments to the Community Services District before a
public hearing or may appear and be heard in support of or in opposition to the approval
of the project(s) at the time of the hearing. If you challenge any of the project(s) in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to, the public
hearing.
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9 TCSD Proposed Rates and Charoes for Fiscal Year 2005-2006
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT 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 2005-2006
9.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL R - ROAD
MAINTENANCE SERVICES FOR FISCAL YEAR 2005-2006
DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, July 12, 2005, 7:00 PM, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEETING
*****************************************************************************************************************
Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-05
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington,
Roberts
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.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 14, 2005.
2 Aoreement between Melody's Ad Works and the Redevelopment Aoency
RECOMMENDATION:
2.1 Approve an agreement with Melody's Ad Works for promoting and marketing
Special Events in Old Town.
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3 Annual Contract for Kevser Marston Associates. Inc. for Real Estate Economic and
Affordable Housino Consultino Services
RECOMMENDATION:
3.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$125,900 to provide as-needed Real Estate Economic and Affordable Housing
Consulting Services;
3.2 Authorize the Redevelopment Chairperson to execute the agreement.
4 Old Town Billboard Lease Aoreement
RECOMMENDATION:
4.1 Approve a $40,680 Lease Agreement with Lamar Advertising Company for the
Old Town Billboard.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
Any person may submit written comments to the City Council/Redevelopment Agency
before a public hearing or may appear and be heard in support of or in opposition to the
approval of the project(s) at the time of the hearing. If you challenge any of the project(s)
in court, you may be limited to raising only those issues you or someone else raised at
the public hearing or in written correspondence delivered to the City Clerk at, or prior to,
the public hearing.
5 Third Amendment to the Disposition and Development Aoreement for the Temecula
Education Center
RECOMMENDATION:
5.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA
EDUCATIONAL COMPLEX
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5.2 That the Redevelopment Agency of the City of Temecula adopt a resolution
entitled:
RESOLUTION NO. RDA 05-_
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING A THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA
EDUCATIONAL COMPLEX
5.3 Authorize the City Manager to execute the License Agreement and advance
$1,291,750 to AGK Group for the Temecula Educational Complex.
Recess the City Council meeting.
DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, July 12, 2005, City Council Chambers, 43200 Business Park Drive,
Temecula, California.
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RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
23 Temecula Education Center: Development Aoreement (PA05-0122): Zone Chanoe and
Development Plan (PA04-0582): and Tentative Parcel Map (PA05-0070)
RECOMMENDATION:
23.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC, ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0070)
23.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING
SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE
PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DIAZ ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR
PARCEL MAP NO. 909-370-002 (PA05-0122)
23.3 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0582, A DEVELOPMENT PLAN FOR THE
CONSTRUCTION OF A 170,863 SQUARE FOOT EDUCATION
COMPLEX, A 18,792 SQUARE FOOT RESEARCH AND
DEVELOPMENT BUILDING WITH A CONFERENCE CENTER,
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A PAD FOR A 16,000 SQUARE FOOT DAY CARE FACILITY,
RETAIL SPACE TOTALING 60,863 SQUARE FEET, A THREE-
STORY PARKING STRUCTURE WITH 502 PARKING SPACES,
AND 288 APARTMENT UNITS COMPRISING 337,098 SQUARE
FEET, FOR A TOTAL OF 603,616 SQUARE FEET ON 40.0
ACRES LOCATED AT THE NORTHWEST CORNER OF DIAZ
ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR
PARCEL NOS. 909-370-002 AND 909-120-019 (PA04-0582)
23.4 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES
INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL
PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY
RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC
RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER
PARCELS, GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAZ ROAD AND DENDY PARKWAY KNOW AS
ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-019
(PA05-0070)
24 Adoption of Ordinance - amendino Chapter 8.28 of the Temecula Municipal Code:
Uroency and Reoular Ordinances: Uroencv Fee Resolution
RECOMMENDATION:
24.1 Adopt an Urgency Ordinance entitled:
RESOLUTION NO. 05-_
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE
TEMECULA MUNICIPAL CODE WHICH IMPOSES THE
REQUIREMENTS OF THE NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
CONCERNING STORMWATER RUNOFF QUALITY;
POLLUTION DISCHARGES; CONTROL OF URBAN RUNOFF;
INSPECTIONS OF SOURCES OF DISCHARGES;
ENFORCEMENT OF WATER QUALITY AND DISCHARGE
REGULATIONS AND PERMITS WITHIN THE CITY OF
TEMECULA, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING
FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS
ORDINANCE
24.2 Adopt an Urgency Resolution entitled:
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RESOLUTION NO. 05-_
AN URGENCY RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ESTABLISHING FEES FOR SERVICES
ARISING UNDER ARTICLE VII OF CHAPTER 8.28 OF THE
TEMECULA MUNICIPAL CODE
24.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA
MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS
OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT CONCERNING STORMWATER
RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF
URBAN RUNOFF; INSPECTIONS OF SOURCES OF
DISCHARGES; ENFORCEMENT OF WATER QUALITY AND
DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY
OF TEMECULA AND AUTHORIZING THE DIRECTOR PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING
FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS
ORDINANCE
24.4 Confirm that the adoption of this Ordinance represents components of the City's
adopted General Plan and is categorically exempt from CEQA pursuant to the
provisions of Sections 15308 and 15061 (b)(3) and, therefore, no further
environmental review is required. The City further acknowledges that the action is
the replacement of the existing regulatory ordinance with an ordinance of similar
character reflecting the current state of the applicable law. In light of this deminimus
substitution, the general rule of CEQA, as set forth in State CEQA Guidelines
Section 15601 (b)(3), is also deemed applicable to this action as it can be seen with
certainty that the adoption of this superseding ordinance will not cause new or
additional adverse effects upon the environment. The Final EIR for the City's
General Plan was certified by the City Council on April 12, 2005.
COUNCIL BUSINESS
25 Litioation Involvino Roadway Solicitation Ordinances
RECOMMENDATION:
25.1 Receive and file report.
R:\Agenda1062805
17
DEPARTMENTAL REPORTS
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, July 12, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
R:\Agenda1062805
18
PROCLAMA TIONS
AND
PRESENTATIONS
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ITEM 1
ITEM 2
RESOLUTION NO. 05-_
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 RESOLVE, DETERMINE AND
ORDER AS FOllOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in the
Office of the City Clerk, have been audited by the City Manager, and that the same are hereby
allowed in the amount of $3,753,330.25.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 28th day of June, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 2005/Resos 05-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 05-_ was duly adopted at a meeting of the City Council of the City of
Temecula on the 28th day of June, 2005 by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
R:/Resos 2005/Resos 05-
2
I
06/09/05 TOTAL CHECK RUN:
06/16/05 TOTAL CHECK RUN:
06/16/05 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 06126105 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
I
I
I
CHECKS:
001
165
190
192
193
194
196
210
280
300
320
330
340
460
470
473
474
475
GENERAL FUND
RDA DEV-LOW/MOD SET ASIDE
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL L
CAPITAL IMPROVEMENT PROJ. FUND
REDEVELOPMENT AGENCY-CIP
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
CFD 88.12 DEBT SVC FUND
CFD 01.2 HARVESTON DEBT SVC FUND
CFD 03.1 CROWNE HILL DEBT SVC FUND
AD 03-4 JOHN WARNER RD DEBT SVC FUND
CFD 03.3 WOLF CREEK DEBT SVC FUND
001 GENERAL FUND
165 RDA.LOW/MOD SET ASIDE
190 COMMUNITY SERVICES DISTRICT
192 TCSO SERVICE LEVEL 8
193 TCSD SERVICE LEVEL C
194 TCSO SERVICE LEVEL 0
280 REDEVELOPMENT AGENCY-CIP
300 INSURANCE FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY FUND:
PREPARED BY JADA YONK.ER. ACCOUNTING SPECIALIST
~
I mRECT
S!fAWN NELSON, CITY MANAGER
I
CITY OF TEMECULA
LIST OF DEMANDS
s
1,808,908,35
1,575,ln.19
369,244.71
$
3,753,330.25
$ 700,491.56
23,609.13
211,379.54
40,220.31
73,197.68
653.82
4,420.00
767,475.67
156,599.44
2,345.21
81,704.30
4,255.50
11.501.85
3,621.23
213,909.41
410,800.49
42,658.08
635,242.32
$ 3.384,085.54
$ 251,492.37
5,542.97
71,387.36
120.35
4,299.03
854.07
2,372.55
1,166.61
21,887.17
3,290.59
6.831.64 369,244.71
$ 3,753,330.25
,HEREBY CERTIFY THAT THE FOLLOWING' IS TRUE AND CORRECT.
. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
apChkLst Final Check List Page: 1
06/09/2005 2:25:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
516 06/06/2005 005460 U S BANK 04/05 GFO 01-2, 03.1, 03-3, A003-4 1,300,485.30 1,300,485.30
99923 06/0812005 002185 POSTMASTER-TEMECULA postage for Smr/Fall TCSD Brochures 5,496.39 5,496.39
99924 06/09/2005 004594 2 HOT ACTlVEWEAR Jackets wllogo for fire prevo 1.000.00
Tern. Fire Ballcaps for Sister Cities 172.40 1,172.40
99925 06/09/2005 006877 9 1 1 MAGAZINE 1 yr Subscription for Sin 84 26.95 26.95
99926 06/09/2005 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 28.00 28.00
99927 06/09/2005 000936 AMERICAN REO CROSS Lifeguard manuals:Aquatics 105.00 105.00
99928 06/09/2005 008279 AMERICOMP INFOSYSTEMS INC Video equip: Adobe video collection 1.578.54
Computer supplies:battery/memory stick 770.41
Computer supplies: Intel Pro 189.64 2,538.59
99929 06/09/2005 003865 ANDYS GLASS Resid impr prgm: Cockrell, Alice 439.84
Res impr prgm : Gomez, Lorenzo 202.45 642.29
99930 06109/2005 002187 ANIMAL FRIENDS OF THE May 05 Animal control services 8,750.00 8,750.00
99931 06/09/2005 000101 APPLE ONE ING Temp help PPE 5/21 Kasparian 648.00
Temp help PPE 5/21 Gonzales 526.50
Temp help PPE 5/21 La Presti 108.00 1,282.50
99932 06/09/2005 005590 ARMSTRONG & BROOKS LOS deposit agreement w/city 1,200.00 1,200.00
99933 06/09/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ Mntc Fac 121.33
Bottled wtr svcs @ CRC 89.38
Bottled wtr svcs @ City Hall 39.86
Bottled wtr svcs @ C.Museum 31.51
Bottled wtr svcs @ T.Museum 23.48
Bottled wtr svcs @ Skate Park 17.02
Bottled wtr svcs @ TES Pool 9.69 332.27
99934 06/09/2005 003203 ARTISTIC EMBROIDERY Concert promotional shirts: TCSD 1,053.04 1,053.04
99935 06/09/2005 002648 AUTO CLUB OF SOUTHERN Membership: Candy Adkisson 88551767 46.00 46.00
99936 06/09/2005 008879 BAKER, HOLLY Refund: Parent N Me Swim Lessons 35.50 35.50
Page:1
apChkLst Final Check List Page: 2
06109/2005 2:25:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99937 06/09/2005 002541 BECKER CONSTRUCTION SRVS R&R Butterfield Prk fence & post 4.220.00
R&R Main Street sidewalk 3,340.00 7.560.00
99938 06/09/2005 005055 BROWN. STEVE Reimb: AEP Conf: 5/20-23105 170.49
Reimb: Teambuilding Refreshments 76.76 247.25
99939 06/09/2005 008881 BRUM, LUIS Refund:Cite 1272 Overpayment 5.04 6.04
99940 06/09/2005 003138 CAL MAT PW patch truck materials 2.2n.21 2,2n.21
99941 06/09/2005 000538 CALIF DEPT OF CONSERVATION 2005 . 1 sl Qtr pmtstrong motion 7.929.90 7,929.90
99942 06/09/2005 007146 CALIFORNIA SENSOR CORP Repair two Vail Park sprkr controllers 754.25 754.25
99943 06/09/2005 004604 CALPELRA Labor Acad.1 & 111: Lanier: 6/16-17/05 150.00 150.00
99944 06/09/2005 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 29.18 29.18
99945 06/09/2005 008884 CASHMAN, RICHARD W. Refund: Returned PW drawings book 17.50 17.50
99946 06/09/2005 . 008883 CASTOLDI. ROSEMARY Refund: Notary Public Seminar 65.00 65.00
99947 06/09/2005 007803 CHRIST PRESBYTERIAN Refund: Picnic Shelter DepstPala Prk 150.00 150.00
99948 06/09/2005 001193 COMP USA INC Computer supplies: Digital Camera 430.99 430.99
99949 06/09/2005 000447 COMTRONIX OF HEMET Kenwood portable radios & parts:Police 19.952.61 19,952.61
99950 06/09/2005 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repair sves: City Park 515.00
Plumbing repair svcs: Sr. Center 155.14
Plumbing repair svcs: CRG 140.00 810.14
99951 06/09/2005 008365 CROWNE HILL RESERVE 28 LLC Refund:Permit ovrpmtTR29641 lot 14 34.67 34.67
99952 06/09/2005 004123 D L PHARES & ASSOCIATES June Lease & Cam Chrgs:Storefront 2.141.58 2,141.58
99953 06/09/2005 001393 DATA TICKET INC Apr Parking Citation Processing 307.08
Apr Parking Citation Processing 200.00 507.08
99954 06/09/2005 002990 DAVID TURCH & ASSOCIATES June Federal lobbyist svcs 3.000.00 3,000.00
Page:2
apChkLst
06109/2005
2:25:23PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
99955 05/09/2005 005598 DEHESA CHARTER SCHOOL
Refund: Security Depst CRC 5/9/05
100.00
100.00
99956 06/09/2005 003511 DELL COMPUTER CORPORATION Computer supplies:3 LCD Monitors
3.395.92
3,395.92
99957 06/09/2005 003945 DIAMOND ENVIRONMENTAL May portable restroom rentVail Prk
58.04
58.04
99958 06/09/2005 004192 DOWNS COMMERCIAL FUELING City vehicles fuel: TCSD
City vehicles fuel: Land DeveVC1P
City vehicles fuel: PW Mntc
City vehicles fuel: Bldg & Safety
City vehicles fuel:PolicelPlanning
City vehicles fuel: Traffic
City vehicles fuel: CIP
City vehicles fuel: City VanlCIP
City vehicles fuel: Code Enforcement
894.21
810.48
n9.74
503.44
397.01
310.79
223.23
90.18
68.21
4.0n.29
99959 06/09/2005 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal
19.54
19.54
99960 06/09/2005 006321 ELSINORE HIGH SCHOOL
Painted Parasol Festival Performance
150.00
150.00
99961 06/09/2005 005115 ENTERPRISE RENT A CAR INC
Planning van rental for teambldg
Van rental for Dutch sister cities visit
107.75
107.74
215.49
99962 06/09/2005 000478 FAST SIGNS
Mount RDA maps on gatorfoam
268.22
268.22
99963 06109/2005 000165 FEDERAL EXPRE5S INC
Express mail services
Express mail selVices
65.34
64.28
129.62
99964 06/09/2005 005280 FEDERAL SIGNAL
Medics vehicle equip:Siren/Ught
Medics vehicle equip:Triopt, Red
Medics vehicle equip:Flasher, Alternate
289.56
210.28
4.58
504.42
99965 06/09/2005 000166 FIRST AMERICAN TITLE
Lot Book Reprt: Osbourne
75.00
75.00
Page:3
apChkLst Final Check List Page: 4
06109/2005 2:25:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99966 06/09/2005 003347 FIRST BANKCARD CENTER
004435 US CONFERENCE OF MAYORS, JC Regist:US Mayors Cf:6/10-1410S 650.00
008889 ROCK BOTTOM GY RefreshmentPlanning teambldg 472.17
008887 OA~OODBROADWAYP~ RR Htl:NLC Steering Mtg:5119-21/05 415.35
007287 UNITED AIRLINES JC Airtare:NLC CEO Cf:6116-19 406.90
007287 UNITED AIRLINES JC Airfare:US Mayors Cf:6/10-1410S 318.40
001500 SAN DIEGO REGIONAL TRAIN DU Proof-reading:3124:West/Fisk 270.00
000871 HILTON JC HtI:US Mayors Cf:6/10-14/05 252.78
001500 SAN DIEGO REGIONAL TRAIN DU Writing for results:319-10:West 245.00
008885 MIRAMONTE RESORT & SPA JC Htl: 5119-22105 231.97
000727 NATIONAL FIRE PROTECTION Ae Membership: Anthony Elmo 2p-940-1a 135.00
001500 SAN DIEGO REGIONAL TRAIN DU Strategies for public:4/19:Peters 135.00
007749 FISH HOUSE INC. GY Refreshments:State Library Mtg 81.11
007023 HUNGRY HUNTER HP Refrshmnts:lnterview Panel 79.47
007023 HUNGRY HUNTER DU RefrshmntPlanning Comm.Mtg 76.00
001060 HYATT GY Meal:SB427 Lobbying:AAlWH:4125 66.22
007053 LINDBERGH PARKING SAN RR Prkg:NLC Steering Mtg:5119-21/05 66.00
000168 TEMECULA FLOWER CORRAL JC David Michael's Memorial Svcs 64.60
000293 STADIUM PIZZA DU RefrshmntTeambuilding Mtg 57.78
002652 PAT & OSCARS RESTAURANT DU RefrshmntPlanning Comm.Mtg 56.49
008886 MICHAEL'S RESTAURANT RR meaJ:NLC Steering Mtg:5119-2t/05 52.62
007949 WESTERN ARTS ALLIANCE HP lntemet job posting for TCSD 50.00
008890 SACRAMENTO TAXI GY Taxi:Oisaster Cf:Adams:5/16-t7 40.00
006942 ONTARIO AIRPORT GT Prkg:Redding City Hall Tour 30.00
008888 SAN DIEGO PERFORMING ARTS GY Online Job posting for TCSO 30.00
006942 ONTARIO AIRPORT GY HttDisaster Cf:Adams:5I16-17 30.00
001054 CALIF BUILDING OFFICIALS GY Internet Job posting:B&S 30.00
000747 AMERICAN PLANNING GT State of Empire:4/27:Brown 19.00
.---- - -
006942 ONTARIO AIRPORT GY Prkg:SB427 Lobbying:Adams:4/25 15.00
001060 HYATT GY HtI:Disaster Cf:Adams:5116-17 1.50
Page:4
apChkLst Final Check List Page: 5
06109/2005 2:25:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
GT Credit: Bank charges .37.25 4,341.11
99967 06/09/2005 004239 FISHER SEHGAL YANEZ INC Community theater reimbursables 238.08
Community theater reimbursables 237.73 475.81
99968 06/09/2005 006595 GFIUSAINC Network Server Monitoring & Mnte 1,026.62 1.026.62
99969 06/09/2005 008361 GRAPE STOMPERS SO DANCE TCSD instructor earnings 161.00 161.00
99970 06/09/2005 000711 GRAPHICS UNLIMITED 8 pg Guide to Leisure sves brochure 5.903.62 5,903.62
-- ~ - - --.
99971 06/09/2005 006916 GREYSTONE HOMES Refund:Pennit ovrpmtTA 31276 pIn 2 29.62 29.62
99972 06/09/2005 004053 HABITAT WEST INC May.Lg Cnyn Detention Basin Mnte 450.00 450.00
99973 06/09/2005 000186 HANKS HARDWARE INC Hardware supplies:PW mntc/CIP/Tffc 1.561.89
Hardware supplies: C. Museum 661.52
Hardware supplies: TCSD 378.90
Hardware supplies:Stn 841Fire Prevo 105.55
Hardware supplies: CRG 100.04
Hardware supplies:PW mnte/Land 78.31
Hardware supplies: CRG 67.80
Hardware supplies: Mnte Fac 37.50
Hardware supplies: Bldg & Safety 18.33
Hardware supplies: TCC 14.93
Hardware supplies: Sr. Center 13.92
Hardware supplies: City Hall 1.02 3,039.71
99974 06/09/2005 004811 HEWLETT PACKARD Computer supplies:2GB dual channel 4,310.00
Computer supplies:optical transceiver 1,027.94
Computer supplies: 3yr mntc contact 276.00
Computer supplies:Multibay II 149.77
Computer supplies:tablet adapter 44.18 5,807.89
99975 06/09/2005 000963 HOGAN, DAVID Reimb: AEP Cant: 5/20-23/05 134.50 134.50
99976 06/09/2005 004217 HYDRO TEK COMPANY Pressure Washers parts: PW mntc 163.52
Pressure Washers parts: PW mntc 9.07 172.59
99977 06/09/2005 007981 I D EDGE INC Mini-Mag scanner & cleaning kit 135.40 135.40
99978 06/09/2005 005683 I S G THERMAL SYSTEMS USA Fire stn 92 battery/chgr kit 269.51 269.51
99979 06/09/2005 006713 INTEGRATED MEDIA SYSTEMS Council Chambers Extron Scaler 1,043.00 1.043.00
PageS
apChkLst Final Check List Page: 6
06109/2005 2:25:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99980 06/09/2005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 412.69
Pool sanitizing chemicals 323.25 735.94
99981 06/09/2005 000501 INTL INSTITUTE OF MUNICIPAL Certification fee for Cheryl Domenoe 135.00 135.00
99982 06/09/2005 008358 JAGUSCH. M.D.. CHRISTIAN R. AED medical direction & review svcs 350.00 350.00
99983 06/09/2005 000820 K R W & ASSOCIATES May engineering plan check svcs 3,360.00 3,360.00
99984 06/09/2005 001091 KEYSER MARSTON ASSOCIATES May affordable housing consulting svcs 2,102.50 2.102.50
99985 06/09/2005 001282 KNORR SYSTEMS INC eRG pool supplies:Steel Cable 174.62
eRC pool supplies:EZ patch plaster 162.12 336.74
99986 06/09/2005 000209 L & M FERTILIZER INC Fire Sin 84 chainsaw parts 88.55 88.55
99987 06/09/2005 004051 LOR GEOTECHNICAL GROUP Apr Geotech svcs:Wolf Vlly Crk P~t 2.800.00
May field tech svcs:Wolf Vlly Crk P~t 170.00 2.970.00
99988 06/09/2005 002519 LAB SAFETY SUPPLY I NC Red Lighted Batons for Police Dept 206.75 206.75
99989 06/09/2005 008700 LAKE MANAGEMENT INC May mntc svcs: Harveston Lake Prk 4,000.00 4.000.00
99990 06/09/2005 003286 LIBRARY SYSTEMS & SERVICES May svcs-Iibrary system agrmnt 8.271.68
May svcs-library system agrmnt 1,309.61
Volunteer recognition expenses 1.074.28 10,655.57
99991 06/09/2005 003726 LIFE ASSIST INC Supplies for Paramedic squad 860.07 860.07
99992 06/09/2005 004141 MAINTEX INC custodial supplies: Parks 719.95
custodial supplies: City Hall 354.04
custodial supplies: C. Museum 329.08
custodial supplies: Maint Fac 318.65
custodial supplies: T. Museum 178.22
custodial supplies: C. Museum 7.76
custodial supplies: City Hall 7.76 1,915.46
99993 06/09/2005 001967 MANPOWER TEMPORARY temp help w/e 05122 JD/JG/JHJDH 4,633.59 4,633.59
99994 06/09/2005 000217 MARGARITA OFFICIALS ASSN May Sports Prgm Officiating Services 2,650.00 2.650.00
99995 06/09/2005 008873 MCCOY. ELIZABETH refund: security deposit TeC 150.00 150.00
PageS
apChkLsl
06/09/2005
2:2S:23PM
(Continued)
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
99996 06/09/2005 006571 MELODY'S AD WORKS
99997 06/09/2005 008091 MILLMORE'S WAX CREW
99998 06/09/2005 001384 MINUTEMAN PRESS
99999 06/09/2005 000883 MONTELEONE EXCAVATING
100000 06109/2005 004586 MOORE FENCE COMPANY
Final Check List
CITY OF TEMECULA
Page: 7
Description
Amount Paid
Check Total
Mrkting Svcs:'05 Street Painting Festiva
ad design for RDA
2,500.00
250.00
2,750.00
City vehicle detailing svcs: PIN
125.00
125.00
business cards: C. Hubbard
business cards: R. Johnston
qty SOD window envelopes: PW
business cards: K. Syers
274.47
115.55
51.38
43.37
484.77
remove de-sHting pond @ Santiago Rd
grading svcs: YnezIVallejo Rd
5,506.00
2,630.00
8,336.00
Res Imp Prgm: Sroka, Reannette
1,082.00
1,082.00
100001 06/0912005 007011 MORAIS MEYERS MAINTENANCE May maint svcs:park r.r.lpicnic shelters
5.451.25
5,451.25
100002 06/09/2005 001986 MUZAK -SOUTHERN CALIFORNIA Jun Music BroadcastOld Town
124.41
124.41
100003 06/09/2005 008528 NICHOLS, MELBURG & ROSETTO Apr consulting svcs:Civic Center Complex
100004 06109/2005 004401 NU VISION PRODUCTIONS
100005 06/09/2005 008570 OFFICE MAX
3,412.50
3,412.50
Video Production for Every 15 Min Prgm
3,900.00
3,900.00
file cabinet for Bldg & Safety Dept
242.44
242.44
100006 06/09/2005 006721 OFFICEMAX - A BOISE COMPANY Ergonomic chairs:lnfo Systems
100007 06/09/2005 002105 OLD TOWN TIRE & SERVICE
100008 06/09/2005 002668 OMEGA LAKE SERVICES
100009 06/09/2005 006849 ON SCENE OUTFITTERS
100010 06/09/2005 008813 OUR DESIGNS INC
3.156.56
3,156.56
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint SVC5
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
173.61
163.09
145.31
135.93
92.94
90.13
21.55
822.56
May Duck Pond water maint. svcs
Credit: billing calculation error inv#
643.75
.2.00
641.75
Pub!. Educ. Materials:Paramedics
1,000.00
1.000.00
public safety promo items: Fire Prey
1.010.23
1.010.23
Page:7
apChkLst Final Check List Page: 8
06109/2005 2:25:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100011 06/09/2005 006939 PAINT CONNECTION. THE Res Imp Prgm: Lynn, Edward & Brenda 2.200.00
Res Imp Prgm: Sampson, Jamie 1.860.00
Res Imp Prgm: Morton, Donald 1,700.00
Res Imp Prgm: Kesler. William 1,300.00 7.060.00
100012 06/09/2005 008875 PAPESCH II, ARTHUR ROSS Refund: business license #024822 35.00 35.00
100013 06/09/2005 002099 PASCOE MANAGEMENT LLP Jun lease:ald Town restroom 826.00 826.00
100014 06/09/2005 002652 PAT & OSCARS RESTAURANT Rtrshmnts: Every 15 Min Prgm 5/17-18 2.157.54 2,157.54
100015 06/09/2005 000249 PETTY CASH Petty Cash Reimbursement 393.14 393.14
100016 06/09/2005 000580 PHOTO WORKS OF TEMECULA May photo devlfilm: T. MuseumJPW 60.72 60.72
100017 06/09/2005 000254 PRESS ENTERPRISE COMPANY 6/22/05-6/20/06 subscr:TCSD 3254007 320.32 320.32
100018 06/09/2005 003493 PRO-CRAFT OVERHEAD DOORS Res Imp Prgm: Williams/Ritter 1,080.00
Res Imp prgm: Gomez 865.00 1.945.00
100019 06/09/2005 003697 PROJECT DESIGN 3/7-4/10/05 Prof Svcs: Murr. Crk Bridge 23,282.34 23.282.34
100020 06/09/2005 002012 R D 0 EQUIPMENT COMPANY parts for equipment: PW Maint Div 64.34 64.34
100021 06/09/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 9.536.80
May 01-08-00037-1 Cupeno Ln 716.99
Various Water Meters 522.27
May 01-06-84353-0 a.T. Gateway 150.96
Various Water Meters 68.64
May 01-06-84650-2 a.T. Gateway 31.15
May 01-06-65006-0 CommunityThtr 11.54 11.038.35
100022 06/09/2005 000947 RANCHO REPROGRAPHICS dup blueprints: Temecula Public Library 226.34 226.34
100023 06/09/2005 002110 RENTAL SERVICE Rental Equipment For PW Maint Div 66.82 66.82
~----_._._.
100024 06/09/2005 004498 REPUBLIC ELECTRIC 5/6/05 on-call traffic signal maintPW 2.969.50 2.969.50
100025 06/09/2005 008880 RHODES,DEBRA Refund: Practical Yoga 45.00 45.00
Page:8
apChkLst
06109/2005
2:25:23PM
Final Check List
CITY OF TEMECULA
Page: 9
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100026 06/09/2005 007402 RICHARD BRADY & ASSOCIATES Apr Dsgn Svcs: Maint Fac Expansion
10,542.00
10.542.00
100027 06/09/2005 002412 RICHARDS WATSON & GERSHON Apr 2005 legal services
75,710.42
75.710.42
100028 06/09/2005 000352 RIVERSIDE CO ASSESSOR Apr assessor maps for B&S Dept
60.00
60.00
100029 06/09/2005 001592 RIVERSIDE CO INFO Apr rental equip: Police radios
627.00
627.00
100030 06/09/2005 000406 RIVERSIDE CO SHERIFFS DEPT FY 04/05 Field Training
91.507.20
91.507.20
100031 06/09/2005 000406 RIVERSIDE CO SHERIFFS DEPT April 2005 Booking Fees
8,500.80
8.500.80
100032 06/09/2005 000271 ROBERT BEIN WM FROST &
Mar Consulting Svcs: 1-15/79s UIt. Inter
4,559.38
4,559.38
100033 06/09/2005 006205 ROSAS CAFE & TORTILLA
refreshments: Cinco de Mayo @ TCC
97.32
97.32
100034 06/09/2005 008878 RUETZ, JEANNINE
refund: tennis-beg/int jr:
100.00
100.00
100035 06/09/2005 002191 SAN DIEGAN
Advertising:38th Annual San Diegan Mag.
6,670.00
6.670.00
100036 06/09/2005 008874 SANCHEZ, JUANITA
refund: sec. deposit Picnic
150.00
150.00
100037 06/09/2005 004562 SCHIRMER ENGINEERING CORP. Apr plan check svcs: Fire Prey
1.800.00
1,800.00
100038 06/09/2005 004609 SHREDFORCE INC
document shred svcs: Rcrd Mgmt 5/27
document shred svcs: Police 5/27/05
document shred svcs: CRC 5/3/05
document shred svcs: CRC 5/31/05
110.00
24.00
22.50
22.50
179.00
100039 06/09/2005 008281 SIGN.A-RAMA
Fac Imp Prgm: Jungletoy
2,414.35
2,414.35
100040 06/09/2005 004814 SIMON WONG ENGINEERING INC Apr Dsgn Svcs: Main Street Bridge
34,341.60
34,341.60
100041 06/09/2005 000645 SMART & FINAL INC
2005 Summer Day Camp Supplies
recreation supplies: MPSC
254.48
178.91
433.39
100042 06/09/2005 000537 SO CALIF EDISON
May 2-05-791-8807 various mtrs
Jun 2-20-798-3248 C. Museum
May 2.10.331-2153 TCC
Apr 2-19-683-3263 various mtrs
4,196.04
1.336.19
714.32
705.78
6.952.33
Page;9
apChkLst Final Check List Page: 10
06109/2005 2:25:23PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100043 06/09/2005 001212 SO CALIF GAS COMPANY May 091-024-9300-5 CRC 2,667.91
May 091-085-1632-0 T.E.S. Pool 14.79 2,682.70
100044 06/09/2005 000519 SOUTH COUNTY PEST CONTROL Pest Control Svcs: City Facilities 361.00 361.00
100045 06/09/2005 007851 SOUTHCOAST HEATING & AIR City Hall HV AC Repairs 571.25 571.25
100046 06/09/2005 004163 SPORTS CHALET 6 dz softballs for WtrlSpr leagues 225.96 225.96
100047 06/09/2005 003599 T Y lIN INTERNATIONAL Reimb. Exps: Roripaugh Brdg/Culvert X-In 9.22 9.22
100048 06/09/2005 000305 TARGET BANK BUS CARD SRVCS supplies:Every 15 Min Prgm/Skatepark 247.90 247.90
100049 06/09/2005 006485 TEMECULA AUTO REPAIR Medic Squad vehicle repair/maint svcs 1.842.69
add'l sales tax due/no tax on motor oil 3.26 1.845.95
100050 06/09/2005 000168 TEMECULA FLOWER CORRAL Sunshine Fund 279.94 279.94
100051 06/09/2005 005633 TEMECULA MIDDLE SCHOOL Refund:Sec. Deposit: CRC pool 150.00 150.00
100052 06/09/2005 000306 TEMECULA VALLEY PIPE & plumbing svcs for various parks 28.93 28.93
100053 06/09/2005 004274 TEMECULA VALLEY SECURITY locksmith svcs: CRG 129.77 129.77
100054 06/09/2005 003849 TERRY BERRY COMPANY 4 - 5 year Safe Driving Pins 242.15 242.15
100055 06/09/2005 006192 TRISTAFF GROUP temp help w/e 05108 AmezcuafTidwell 1.146.60
temp help PPE 05/08 Tidwell 844.51
temp help w/e OS/22 Amezcua 624.00 2,615.11
100056 06/09/2005 007766 UNDERGROUND SERVICE ALERT Jun undrgrnd svcs alert tickets:PW 130.20 130.20
100057 06/09/2005 008778 UNIVERSITY OF TEXAS photographic scans/E.S.G. Exhibition 134.85 134.85
100058 06/09/2005 004368 VAll COOPER & ASSOCIATES Apr CIP Div inspection svcs: A. Aguilar 7,478.00 7,478.00
100059 06/09/2005 006807 VANIR CONSTRUCTION Apr constr mgmt svcs: Roripaugh Fire Stn 15,723.94 15,723.94
100060 06/09/2005 008882 VENER. MICHELLE refund: Creative Movement 80.00 80.00
Page;10
apChkLst
06109/2005
2:25:23PM
Final Check List
CITY OF TEMECULA
Page: 11
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100061 06/09/2005 004261 VERIZON
May xxx-5509 general usage
May xxx-1540 O.T. Parking
May xxx-9897 general usage
May xxx-1999 general usage
May xxx-0049 general usage
May xxx-6620 general usage
148.41
90.67
90.67
35.74
28.41
27.41
421.31
100062 06/09/2005 008445 WALT ALLEN ARCHITECT dsgn svcs/tenant imprvto Police Mall
471.29
471.29
100063 06/09/2005 008876 WATSON, ROSALIE refund: security deposit picnic
150.00
150.00
100064 06/09/2005 003730 WEST COAST ARBORISTS INC emerg tree stump removal: Slopes
05/15/05 Citywide Tree Trimming Svcs
emerg tree stump removal: Parks
1,072.50
848.50
617.00
2,538.00
100065 06/09/2005 005706 WESTERN PACIFIC SIGNAL LLC Traffic Signal Conflict Monitors:Traf
Traffic Signal Conflict Monitors:Traf
4,654.80
3,103.20
7,758.00
100066 06/09/2005 002109 WHITE CAP INDUSTRIES lNC Mise supplies for PW Maint Div
499.90
499.90
100067 06109/2005 004774 WOODCREST UNIFORMS 30 Police patches for CAP Shirts
66.59
66.59
Grand total for UNION BANK OF CALIFORNIA:
1.808,908.35
Page:l1
apChkLst Final Check Ust Page: 1
0611612005 6:16:41PM CITY OF TEMECULA
Sank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
517 06/16/2005 000444 INSTATAX (EDD) State Disability Ins Payment 16,880.44 16.880.44
518 06/16/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 66,252.83 66,252.83
519 06/16/2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 17,295.08 17,295.08
520 06/16/2005 000246 ~~~l3. LEM!'L.?VEES' PERS ER Paid Member Contr Payment 95,670.23 95.670.23
521 06/16/2005 000389 US C M WEST (OBRA). OBRA . Project Retirement Payment 2,860.06 2,860.06
. ..-. -. - ...- - ---.--. .-..-
522 06/13/2005 000166 FIRST AMERICAN TITLE purchase property: 1st SVO.T. Front St. 141.160.00 141,160.00
100068 06/16/2005 008909 DIRCK J EDGE CLIENT TRUST balance of final settlement payment 26.259.00 26.259.00
100069 06/16/2005 008910 LAW OFFICE settlement agreement payment 37,619.00 37,619.00
- - --..-----
100070 06116/2005 006044 A 0 N CONSULTING Oct.Mar Consulting Svcs: H.R. Dept 4.505.50 4,505.50
100071 06/16/2005 004973 ABACHERLI. L1NDI TCSD instructor earnings 680.00 680.00
100072 06/16/2005 001916 ALBERT A WEBB ASSOCIATES Annual Admin:CFD 03-1 (Crown Hill) 2.125.00
Annl Admin: CFD 68-12 1.500.00
Annl Admin: Sales Tax FY 04/05 1,250.00 4.875.00
100073 06/16/2005 003821 ALLSTAR FIRE EQUIPMENT Paramedics.ISG K1000 Thermal Imager 10.990.50 10.990.50
100074 06/16/2005 008714 ALPHA CORP Software Iic. agnnnt agenda mgmt 12,412.11 12,412.11
100075 06/16/2005 003789 AMERICAN BUSINESS FORMS Certificates of Occupancy Forms 220.44 220.44
100076 06/16/2005 007280 AMERICAN MEDICAL RESPONSE- Heartsaver AED & CPR cards 200.00 200.00
100077 06/16/2005 000747 AMERICAN PLANNING Membership: Stephen Brown 048646 420.00 420.00
100078 06/16/2005 008279 AMERICOMP INFOSVSTEMS INC Adobe Systems Acrobat Professional 2.231.50 2,231.50
Page:1
apChkLst Final Check List Page: 2
06/16/2005 6:16:41PM CITY OF TEMECULA
Bank: union UNION BANK OF CAUFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100079 06/16/2005 000101 APPLE ONE INC Temp help PPE 5/28 Kasparian 648.00
Temp help PPE 6/04 Kasparian 518.40
Temp help PPE 5/28 Gonzales 432.00
Temp Help PPE 6/4 Salles 297.00
Temp Help PPE 5128 Barochiere 81.00 1,976.40
100080 06/16/2005 008314 AQUATIC DESIGN GROUP Reimbursable Expense: T.E.S. 17.55 17.55
100081 06/16/2005 003203 ARTISTIC EMBROIDERY Staff Uniforms: TCSD 2,649.57
Staff Uniforms: TCSD 116.37 2.765.94
100082 06/16/2005 002648 AUTO CLUB OF SOUTHERN Membership: Heidi Osvotd 77080614 46.00 46.00
100083 06/16/2005 003137 BARKERS FOOD MACHINERY Repair ice machine: Stn 84 302.91 302.91
100084 06/16/2005 002541 BECKER CONSTRUCTION SRVS Lower Vallejo Channel Clean Up 36,750.00 36,750.00
100085 06/16/2005 004778 BERRYMAN & HENIGAR INC May temp B&S help: Grance 11.175.00 11.175.00
100086 06/16/2005 004040 BIG FOOT GRAPHICS TCSD instructor earnings 476.00 476.00
100087 06/16/2005 008891 BILLIARD DEPOT TEMECULA Refund: Permit 605-1312 196.00 196.00
100088 06/16/2005 004262 BIO.TOX LABORATORIES Apr OUI Drug & Alcohol Screening 647.55
Apr OUI Drug & Alcohol SCreening 34.23 681.78
100089 06/16/2005 005869 BROWN, PASCALE Reimb: Team 61dg Supplies 132.51 132.51
100090 06/16/2005 008578 BUNTEN, SHERRY Refund: Camryn Tumble Jungle 106.00 106.00
100091 06/16/2005 006908 C C & COMPANY INC EntertainmentFamily Fun Night 4J8 200.00 200.00
100092 06/16/2005 000837 CALIF DEPT OF FRANCHISE TAX Support Payment Case # 615030856 88.82 68.82
100093 06/16/2005 008901 CARLSON, CAROLE Refund: Security Deposit Amphitheater 400.00 400.00
100094 06/16/2005 008695 CARSON TRAILER INC Racer 8.5x16 Side Door, Ramp Door 5,961.73 5,981.73
100095 06/16/2005 000137 CHEVRON USA INC City vehicles fuel:Police Oept 685.44 685.44
Page2
apChkLst Final Check list Page: 3
06/16/2005 6:16:41PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100096 06/16/2005 008594 COMMUNITY BANK Rei/Escrow 280000256: Win.Widening 51,288.59 51.288.59
100097 06/16/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 147.00 147.00
100098 06/16/2005 001193 COMP USA INC Dv Converter: I.S. Dept. 1.677.21
Tote Remote: 1.8. Dept 79.16 1,756.37
100099 06/16/2005 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repair svcs: CAG 290.00 290.00
100100 06/16/2005 007820 CROWTHER, MYRNA Refund: Jackie Miss Sue's Jazz/Hip Hop 85.50
Refund: Janelle Miss Sue's JazzJHip Hop 85.50 171.00
100101 06/16/2005 003511 DELL COMPUTER CORPORATION Computer Supplies: 1.8. Dept. 1,068.12 1,068.12
100102 06/16/2005 003945 DIAMOND ENVIRONMENTAL Portable restroom rental:C.Museum 113.55 113.55
100103 06/16/2005 004222 DIAMONDBACK FI RE & RESCUE, Supplies for Paramedic squad 818.46 818.46
100104 06/16/2005 008903 DONAHUE, NATALIE Refund: KaitJin Combs Swim Lessons 6f7 40.00 40.00
100105 06/16/2005 008902 EllA, MADELAINE Refund: Prenatal Yoga 47.50 47.50
100106 06/16/2005 008893 ETCO INVESTMENTS, LLC Refund: OverpaymenUpermit Madison Av 109.84 109.84
100107 06/16/2005 001056 EXCEL LANDSCAPE May Ldscp mnte: Sports Parks 40,986.00
May Ldscp mnte: South Slopes 31.093.00
May Ldscp mntc: North Slopes 23,071.00
May Ldscp mntc: Medians 8,398.00
May Ldscp mntc: CRC 6.886.00
May Ldscp mntc: Various Slopes 479.51 110.913.51
100108 06/16/2005 008833 F T R LIMITED FTR Minute Maker Software Package 4.305.00 4,305.00
100109 06/16/2005 000478 FAST SIGNS T. Museum exhibit supplies 20.31 20.31
100110 06/16/2005 000206 FEDEX KINKOS INC Stationery paper/misc supplies 120.68 120.68
100111 06/16/2005 006958 FILM TECHNOLOGY COMPANY Erie Stanley Gardner Film to DVD 906.88 906.88
100112 06/16/2005 008904 FINLEY. BOB Refund: Angela Tai Chi for Beginners 120.00 120.00
Page:3
apChkLst
06/16/21)05
6:16:41PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100113 06/16/2005 000166 FIRST AMERICAN TITLE Lo' Book Reprt: Lizotte
Lot Book Reprt: Hornisch
75.00
75.00
150.00
100114 06/16/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267
75.00
75.00
100115 06/16/2005 004178 FREEDOM SIGNS Fac impr prgm: EU Sandwich & Deli
2,303.15
2,303.15
100116 06/16/2005 008416 FRONTBRIDGE TECHNOLOGIES May Citywide E-mail Spam Filtering
287.50
287.50
100117 06116/2005 008390 GERKE, JON Refund: Alexandra Cotillion- Sock Hop
6.00
6.00
100118 06/16/2005 007073 GERSLEY, MISTY LYNNE TCSD instructor earnings
210.00
210.00
100119 06/16/2005 008905 GLASCOW, KRISTEN Refund: KristenfJason Ballroom Dancing
67.00
67.00
100120 06/16/2005 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Planning Desk Chairs
Office Supplies: TCSD
Office Supplies: Public Works
Office Supplies: Fire Dept.
Office Supplies: H R
Various office supplies for City
Office Supplies: Redevelopment
Office Supplies: Build & Safety
Office Supplies: Eco Dev
Credit: Returned Merchandise
2,768.94
1,432.69
1,019.75
387.68
159.00
110.84
48.21
35.48
15.85
-37.63
5.940.81
100121 06/16/2005 005947 GOLDEN STATE OVERNIGHT
Express Mail Service:Fire Prevention
67.12
67.12
100122 06/16/2005 000711 GRAPHICS UNLIMITED
Printing: Leisure Activities Brochure
20.526.39
20,526.39
100123 06/16/2005 008906 HUG S. FFA
Refund: Security Deposit Picnic
150.00
150.00
100124 06/16/2005 005311 H20 CERTIFIED POOL WATER
May CRCffES pool mntc & supplies
2,265.69
2.265.69
100125 06/16/2005 002372 HARMON. JUDY
TCSD instructor earnings
194.70
194.70
100126 06/16/2005 001135 HEALTHPOINTE MEDICAL
First Aid Care for City Employee
72.25
72.25
100127 06/16/2005 004755 HIGHER INTEGRITY PAINTING
Res impr prgm: Hagel, Steven & Dana
2.875.00
2.875.00
Page:4
apChkLst Final Check Ust Page: 5
06116/2005 6:16:41PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100128 06/16/2005 001013 HINDERLITER DE LLAMAS & 2nd Qlr Sales tax & recovery sIVes 8.780.01
3rd OtT Sales tax & recovery sIVes 6.761.69 15,541.70
100129 06/16/2005 008907 HOAGLAND, JENNIFER Refund: Jennifer Prenatal Yoga Plus 45.00 45.00
100130 06/16/2005 005748 HODSON. CHERYL A. Support Payment 23.38 23.38
100131 06/16/2005 001517 HORIZON HEALTH June Employee Assistance Program 723.36 723.36
100132 06/16/2005 003624 HOWELL, ANN MARIE Fast Track Brochure Revisions 113.14 113.14
100133 06/16/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 8,534.36 8.534.36
100134 06/16/2005 001123 INDUSTRIAL DISTRIBUTION Misc. tools & supplies:PW mote crew 669.41 669.41
100135 06/16/2005 000501 INTL INSTITUTE OF MUNICIPAL Certification fee for Gwyn Flores 135.00 135.00
100136 06/16/2005 003266 IRON MOUNTAIN OFFSITE May records mgmt microfilm storage unit 247.00 247.00
100137 06/16/2005 005571 JOAN F. SPARKMAN SCHOOL Refund: Security Deposit CRG Pool 150.00 150.00
100138 06/16/2005 002519 LAB SAFETY SUPPLY INC Safety Supplies for PW Mote 357.55 357.55
100139 06/16/2005 006744 LAMAR CORPORATION, THE June Billboard Lease-0ld Town 2,700.00
Chg-Out Billboard Ad: 51 Paint Fest 455.00 3,155.00
100140 06/16/2005 004412 LEANDER, KERRY D. TCSD instructor earnings 239.75
TCSD instructor earnings 204.75
TCSD instructor earnings 194.25
TCSD instructor earnings 194.25 833.00
100141 06116/2005 000586 LEXISNEXIS MATTHEW BENDER Supplement Svc Municipal Code 552.24 552.24
100142 06/16/2005 000996 LOCAL GOVERNMENT Publications:CA land Use Updates '05 119.56 119.56
- ---.- ----..-
100143 06/16/2005 008908 LUNA. JESUS Refund: Security Deposit TCC 400.00 400.00
100144 06/16/2005 003054 LYNDE ORDWAY Paper Separator & Feed Roller 28.44 28.44
PageS
apChkLst
06/16/2005
6:16:41PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100145 06/16/2005 004141 MAINTEX INC
custodial supplies: MPSC
custodial supplies: City Hall
custodial supplies: City Hall
126.11
36.55
19.07
183.73
100146 06/16/2005 008654 MALLORY FIRE
rope rescue gear: Fire Stn 73
2.573.99
2.573.99
100147 06/16/2005 004068 MANALlLI. AILEEN
TCSD Instructor Earnings
TCSD Instructor Earnings
leSD Instructor Earnings
lCSD Instructor Earnings
lCSD Instructor Earnings
276.50
210.00
196.00
192.50
84.00
959.00
100148 06/16/2005 001967 MANPOWER TEMPORARY
temp help w/e 05129 JD/JG/JHlDH
credit: 1 hour overbilled for Dankworth
4.492.04
-16.46
4,475.58
100149 06/16/2005 000220 MAURICE PRINTERS INC
Printing of 2,000 C.O.T. FAST RACK Flyers
582.46
562.46
100150 06/16/2005 003800 MCLAUGHLIN ENGINEERING
Release Retention: J,W. StreetPW0207
Release Retention: J.W. StreetPW0207
Rei Stop NtclHanson: J,W .Rd PW0207
Stop Nte/Hanson: J.W. Ad PW0207
81,982.58
5,709.93
5,249.34
-5,249.34
87.692.51
100151 06/16/2005 006571 MELODY'S AD WORKS
reimb exp: Permit/Street Painting
137.00
137.00
100152 06/16/2005 007210 MIDORI GARDENS
May maint svcs: TVHS tennis courts
590.00
590.00
100153 06/16/2005 001384 MINUTEMAN PRESS
qty 4000 envelopes: Code Enforcement
business cards: 6. Askins
business cards: L Brown
business cards: C. Damko
business cards: K. Noland
264.54
43.37
43.37
43.33
43.33
437.94
100154 06/16/2005 001892 MOBILE MODULAR
Jun modular bldg rental:Fire Stn 92
832.40
832.40
100155 06/16/2005 000883 MONTELEONE EXCAVATING
emerg slope repairs: Margarita Park
gravel filled bags:Via Montezuma Low
9.775.00
3.192.00
12,967.00
100156 06/16/2005 001986 MUZAK -SOUTHERN CALIFORNIA Jun music broadcastOld Town
69.11
69.11
100157 06/16/2005 004588 NATIONAL BUSINESS
Protective Flat Files for storage:CIP
1,548.68
1,548.68
100158 06/16/2005 008820 NEIGHBORS NEWSPAPER Mar Advertising:Street Faire 9/05
95.00
95.00
100159 06/16/2005 002037 NEXUS INTEGRATION SERVICES Cisco Unity Messaging Sys partial pmt
Deposit Cabling/Community Theater
31.568.01
4,225.00
35,793.01
Page:S
.
apChkLst Final Check List Page: 7
06/16/2005 6:16:41PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100160 06/16/2005 002139 NORTH COUNTY TiMES May public ntc ads: PlrllCny ClerklPW 960.76
may pin commission/o.t. local review brd 140.92 1.121.68
100161 06/16/2005 006901 NUGENT,RANDY Reimb:Fire rescue Mad Conf:4/19-2210S 91.12
Reimb:EMS Conf:5104-0Sl0S 33.24 124.36
lQ()162 06/1612005 003382 O'GRADY. JAMES B. reimb:airfare ICMA annual conf 9/25-28 264.40 264.40
100163 06/16/2005 002292 OASIS VENDING coffeelkitchen supplies: City Hall 560.96 560.96
100164 06/16/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 1,049.87
City Vehicle Repair/Maint Svcs 153.12
City Vehicle Repair/Maint Svcs 75.37
City Vehicle Repair/Maint Svcs 34.27
City Vehicle Repair/Maint Svcs 34.27 1.346.90
100165 06116/2005 006849 ON SCENE OUTFITTERS Public educ materials: Fire Prev 2,401.20 2,401.20
100166 06/16/2005 007959 ONEIL SOFTWARE INC box transmittal/barcodes: records mgmt 205.54 205.54
100167 06/1612005 008871 ORIGINAL LIFEGUARD INC Lifeguard Uniforms 1,369.31 1.369.31
100168 06/1612005 002256 P & D CONSULTANTS INC apr temp bldg inspector Henderson 10,832.40 10,832.40
100169 06/1612005 005152 PACIFIC PRODUCTS & SERVICES Citywide street sign installlrepairs:PW 5,380.63 5,380.63
100170 06/16/2005 008899 PARRA. JARIL YN Refund: ballroom dancing - rumba 33.00 33.00
100171 06/16/2005 003218 PELA May Plan Check Svcs: Planning 4,520.00 4,520.00
100172 06/16/2005 001958 PERS LONG TERM CARE PEAS Long Term Care Payment 288.55 288.55
100173 06/16/2005 000249 PETTY CASH Petty Cash Reimbursement 419.70 419.70
100174 06/16/2005 007484 PHILIPS MEDICAL SYSTEMS INC AED'S for Community grant AED Program 943.89 943.89
100175 06/16/2005 005939 POMMER. APRIL I. TCSD Instructor Eamings 70.00
TCSD Instructor Eamings 70.00 140.00
100176 06/16/2005 008856 PROFIT SYSTEMS, INC., DBA: EventPro access ver. single user license 2.685.50 2,685.50
-. .-. .-- - - - - --
Page:7
apChkLst
0611612005
6:16:41PM
(Continued)
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
1001n 06116/2005 004529 QUAID TEMECULA HARLEY-
100178 06/16/2005 000728 RAMSEY BACK FLOW &
100179 06/1612005 002072 RANCHO CALIF WATER DIST-
100180 06/16/2005 002072 RANCHO CALIF WATER DIST-
Final Check List
CITY OF TEMECULA
Page: 8
Description
Check Total
Amount Paid
motorcycle repair & maint: Police
1,577.26
1.577.26
var park sites backflow testing/repairs
var slope sites backflow testing/repairs
var park sites backflow testing/repairs
var park sites backflow testing/repairs
var park sites backflow testing/repairs
var park sites backflow testing/repairs
2.193.00
2,140.00
234.00
201.00
198.00
147.00
5.113.00
Install water mtrlsvc: Maint Fac Expan
9,189.00
9,189.00
add'l plan check deposit fees:Pauba Rd
2.000.00
2.000.00
100181 06/16/2005 000262 RANCHO CALIF WATER DISTRICT Vanou' Waler Me'ers
Various Water Meters
Various Water Meters
100182 06/16/2005 000947 RANCHO REPROGRAPHICS
100183 06116/2005 003742 REHAB FINANCIAL
100184 06/16/2005 008898 RELENTE. MARIO
100185 06116/2005 003591 RENES COMMERCIAL
100186 06/16/2005 002110 RENTAL SERVICE
100187 06/16/2005 008897 RISK-KUSHNER, MELINDA
100188 06/16/2005 000418 RIVERSIDE CO CLERK &
15.970.42
681.95
67.47
16.719.84
Dupl Blueprints: Pauba Rd Imprv
83.79
83.79
May RDA loan servicing/monitoring
Apr RDA loan servicing/monitoring
8.00
8.00
16.00
Refund; over payment
25.00
25.00
Citywide clean-uplweed abate:spec.events
clean-up/weed abate:Hwy 79S/0.T.Front
Citywide R-O-W's weed abatement
5,000.00
5,000.00
3,850.00
13,850.00
Rental Equip for PW Maintenance Div
Rental Equip for PW Maintenance Div
370.66
118.98
489.64
Refund: Security Deposit TCC
100.00
100.00
ntc/exemption: Stormwater/Urban Runoff
64.00
64.00
100189 06/16/2005 002940 RIVERSIDE CO OF (GIS SYSTEM) GIS 7/1/05.6130/06 CD Data Services
5,000.00
5.000.00
100190 06/16/2005 000955 RIVERSIDE CO SHERIFF SW STN Every 15 Minutes Patrol Svcs
1,461.14
1,461.14
100191 06/16/2005 000406 RIVERSIDE CO SHERIFFS DEPT Tactical Fireanns/Adv Handgun;L. Alves
100192 06/16/2005 002181 RIVERSIDE CONSTRUCTION
84.00
84.00
Prgs pmt #5; Wnchstr Widening PWOO-27
Cr: pending c/o #2: Wnchstr Widening
470.090.03
-8.492.76
461,597.27
Page:8
.
apChkLsl Final Check Ust Page: 9
0611612005 6:16:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Oate Vendor Description Amount Paid Check Total
100193 06116/2005 001097 ROADLlNE PRODUCTS INC maintenance supplies for PW stencil trek 862.17 662.17
100194 06/16/2005 000271 ROBERT BEIN WM FROST & grading/site map svcs: Tern. Ubrary 10,260.00 10,260.00
100195 06/1612005 005119 ROCKHURST UNIV CONTINUING Mgm' Skills: E. Papp 09/13/05 179.00 179.00
100196 06/16/2005 003001 ROSS FENCE INC. Res imprv prgm: Betancourt, Robert 2.112.00
credit:homeowner's portion of pmt .984.00 1,128.00
100197 06/16/2005 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 980.00 980.00
100198 08/18/2005 002226 RUSSO. MARY ANNE TCSD Instructor Earnings 888.30
TCSD Instructor Earnings 455.00 1,343.30
100199 06/16/2005 001942 S C SIGNS ApT public nte posting signs: Planning 1,380.00 1.380.00
100200 06116/2005 008896 SALAS, ERNESTO T. Refund: Sushi Class 50.00 50.00
100201 0611612005 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50
100202 06/16/2005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00
100203 06/16/2005 000278 SAN DIEGO UNION TRIBUNE May recruitment ads: TCSD/PW/B&S 1,278.28 1.278.28
100204 06116/2005 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50
100205 06/16/2005 006714 SHERATON HOTEL HtI:Accela Cl:8121-24:#607365268 1.494.64 1,494.64
100206 06/16/2005 008529 SHERIFF'S CIVIL DIV . CENTRAL Support Payment LO File # 2005022657 103.47 103,47
100207 06/16/2005 000645 SMART & FINAL INC Springtime Family Bingo Supplies: TCC 81.48 81.48
100208 06/16/2005 000537 SO CALIF EDISON Jun 2-01-202.7330 various mtrs 36,819.69
Jun 2-01-202-7603 various mtrs 13,538.87
Jun 2-02-351-5281 CRC 4,744.69
Jun 2-00-987-0775 Vail Ranch 4,403.98
Jun 2-06-105-0654 various mtrs 1.770.56
Jun 2-10-331-1353 Fire Stn 84 933.24
May 2-14.204.1615 Front SI Radio 22.48 62,233.51
Page:9
apChkLsl Final Check List Page: 10
06116/2005 6:16:41 PM C'TY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100209 06/16/2005 000926 SO CALIF EDISON electrical hook-up svcs:Pauba Rd Imprv 10,859.15 10,859.15
100210 06/16/2005 000282 SO CALIF MUNICIPAL ATHLETIC rutebooks for adult softbatlleagues 840.00 840.00
100211 06/16/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: Meadows Pkwy 84.00 84.00
100212 06/16/2005 007851 SOUTHCOAST HEATING & AIR HVAC repair/maintO.T. 6th 5t restrooms 1.107.76
HVAC repairs @ CRG 396.40 1,504.16
100213 06/16/2005 005786 SPRINT 4/15-5/14/05 cellular svcslequipment 6,933.52 6.933.52
100214 06/16/2005 000465 STRADLEY. MARY KATHLEEN TCSD Instructor Earnings 532.00
TCSD Instructor Earnings 336.00 868.00
100215 06/16/2005 002224 SYNDISTAR INC public educ handouts/supplies: Fire Prey 2,522.35
public educ handouts/supplies: Fire Prey 794.40
public educ handouts/supplies: Fire Prey 764.50 4,081.25
lOq216 06/16/2005 000305 TARGET BANK BUS CARD SRVCS mise office supplies: PW Department 807.29
Summer Day Camp Supplies 356.36
Digital Camera with printer dock: P.O. 312.43
Tee Recreation Supplies 299.74
Aquatics Program supplies 259.96
SMART prgm Recreation Supplies 148.90
misc. supplies fOf Aquatics Prgm 106.83
MPSC recreation supplies 88.18
TCC Recreation Supplies 57.86 2.437.55
100217 06/16/2005 006305 TEMECULA SISTER CITY ASSN Taste of the World Sponsorship 3,400.00
Painting/Sister Cities: Nakayama 85.00 3.485.00
100218 08/16/2005 003140 TEMECULA VALLEY TCSD Instructor Eamings 168.00
TCSD Instructor Eamings 84.00
TCSD Instructor Eamings 84.00
TCSD Instructor Eamings 63.00
TCSD Instructor Eamings 63.00
TCSD Instructor Eamings 42.00 504.00
100219 06/16/2005 000919 TEMECULA VALLEY UNIFIED Refund: Security Deposit CRC pool 150.00 150.00
100220 06/16/2005 003929 TEMECULA VALLEY UNIFIED fac rental: Redhawk Annexation 7/2105 676.00 676.00
100221 06/16/2005 000316 THORNHILL, GARY Reimb: AEP Cf 5/22-25/05 44.45 44.45
Page:10
apChkLst
06116/2005
6:16:41PM
Final Check list
CITY OF TEMECULA
Page: 11
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
100222 06/16/2005 008894 TIDWEll. RODNEY
Computer Purchase Prgm
1.803.24
1,803.24
100223 06/16/2005 003031 TRAFFIC CONTROL SERVICE INC misc. traffic control devices for PW
72.19
72.19
100224 06/16/2005 008895 TRYBULSKI, ABBY
Refund: Tap & Jazz Combo
9.50
9.50
100225 06/16/2005 002702 US POSTAL SERVICE
Postage meter deposit
3,191.65
3.191.65
100226 06/16/2005 000321 UBNOSKE, DEBBIE
reimb/recon. award: Commissioner OJhasso
106.67
106.67
100227 06/16/2005 000325 UNITED WAY
United Way Charities Payment
240.65
240.65
100228 06/16/2005 003665 VARTEC SOLUTIONS INC
May long distance phone sves
2.21
2.21
100229 06/16/2005 004261 VERIZON
Jun xxx-1941 PT A CD TT ACSD
Jun xxx-3851 general usage
62.90
40.39
103.29
100230 06/16/2005 004279 VERIZON CALIFORNIA INC.
May access-C. Museum phone line
May access-CRC phone line
540.59
412.53
953.12
100231 06/16/2005 004789 VERIZON ONLINE
Internet sves/EOC backup @ stn 84
72.94
72.94
100232 06/16/2005 008900 VOLUNTEER CENTER
"211" Social Service Referral Assistance
10,069.80
10,069.80
100233 06/16/2005 001890 VORTEX DOORS
garage door maint @ Fire 5tn 84
395.30
395.30
100234 06/16/2005 004829 WilSON GROUP llC. THE
Jun State lobbyist svcs for City issues
3.500.00
3,500.00
Grand total for UNION BANK OF CALIFORNIA:
1,575,177.19
Page:11
ITEM 3
~
APPROVA
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Herman Parker, Director of Community service~
DATE: June 28, 2005
SUBJECT: Riverside County Library Contract Amendment NO.8
PREPARED BY: ~4hYIIiS L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council:
1. Approve Amendment No.8 to the Agreement to Provide Library Services (Additional Staff).
2. Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula
Library Volunteer Coordinator half-time position and to subsidize funding to maintain the
Senior Reference Librarian and Reference Librarian positions for fiscal year 2005-06.
DISCUSSION: The Riverside County Library system (RCLS) has been operating
under a contract with Library Systems and Services, Inc. (LSSI) since July 1, 1997. This contract is
administered by RCLS by breaking the County into three service areas. The Temecula Library is in
the Mid-South Zone Service Area and receives funding from Temecula, Sun City, Lake Elsinore,
Canyon Lake, San Jacinto, Valle Vista, Id~lwild, Calimesa, and Anza regions.
For the past year, the Temecula Branch Library has been open to the general public for 52 hours
per week. The library staffing for FY 2004-05 was as follows:
POSITION TITLE
NUMBER OF FULL TIME
EQUIVALENTS (FTE)
1
2
1.5
3
4
.5
4.5
16.5
Librarian (Branch Manager)
Reference Librarian
Librarian Associate
Library Technician
Library Assistant
Volunteer Coordinator
Library Page
TOTAL
R:\RUSEPIAGENDAS\2005-06 Library Amendment.doc
The City of Temecula has subsidized 2.5 full time equivalent positions in FY 1998-99 through FY
2004-05 in an amount not to exceed $150,000. The positions provided for are two Reference
Librarians and a half-time Volunteer Coordinator. Without the additional revenue from the City, the
RCLS would not be able to provide these positions or the services that they offer to the community.
FISCAL IMPACT: Cost to provide funding for 2.5 full time equivalent positions at the
library is not to exceed $150,000. Sufficient funding has been included in the Council discretionary
line item in the approved FY 2005-06 Community Support budget.
R:\RUSEPIAGENDAS\2005-06 Library Amendmenl.doc
EIGHTH AMENDMENT TO AGREEMENT TO PROVIDE LIBRARY SERVICES
(Addjtional Staff)
COUNTY OF RIVERSIDE - RIVERSIDE COUNTY LIBRARY SYSTEM
And the CITY OF TEMECULA
(Fiscal Year 2005-2006)
WHEREAS, the County of Riverside, Riverside County Library System ("County")
and the City of Temecula ("City") have entered jnto an agreement to provjde library services
(additional staff) (the "Agreement"), as amended, and the partjes wish to further amend the
Agreement, to be effective on July 1, 2005:
NOW THEREFORE, the partjes agree as follows:
A. Section 1. RESPONSIBILITY OF THE PARTIES is amended to change the tjme
period in sub-sectjon 1.1, as amended, to "July 1, 2005 to June 30, 2006". All other
provisions of the section, as amended, shall remain unchanged.
B. Sectjon 4.2 Term is amended to add the followjng paragraph to the end of the
exjstjng section, as amended:
"The term of this Agreement is extended, and shall jnclude the tjme period
from July 1, 2005 through June 30, 2006. Cjty or County may termjnate this
Agreement, as amended, for no cause, on the giving of thirty (30) days
written notice to the other party."
R\RUSEP\CONTRACT\2005-06 library amehdment no 8.doc 1
C. All other terms and conditions of the Agreement, as amended, shall remain
unchanged and remajn jn full force and effect.
IN WITNESS WHEREOF, County and City have caused this Seventh Amendment to be
duly executed by the partjes hereto:
CITY OF TEMECULA
COUNTY OF RIVERSIDE
By:
Jeff Comerchero, Mayor
By:
Chair, Board of Supervisors
Attest:
Susan W. Jones, CMC, Cjty Clerk
Attest:
Clerk to the Board of Supervisors
By:
Deputy
APPROVED AS TO FORM:
APPROVED AS TO FORM:
WILLIAM C. KATZENSTEIN
County Counsel
By:
Peter M. Thorson, City Attorney
By:
Deputy County Counsel
LIBRARY SYSTEMS AND SERVICES, LLC
By:
Mark Smjth, Deputy Admjnjstrator
R:\RUSEP\CONTRAC1\2005-06 library amendment no 8.doc 2
ITEM 4
APPROVAL ~
CITY ATTORNEY
DIRECTOR OF FIN~ ~CE'
CITY MANAGER -> ~. /
/3
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Herman D. Parker, Director of Community servicW
June 28, 2005
DATE:
SUBJECT:
Resolution Adopting FY 2005-2006 Solid Waste Rates
PREPARED BY:
Barbara Smith, Management Analyst ~
RECOMMENDATION:
That the City Council adopt a Resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SOLID WASTE RATES FOR
FISCAL YEAR 2005-2006
DISCUSSION: Pursuant to the existing solid waste franchise agreement with C R & R
Incorporated the rates charged for refuse and recycling for residential and commercial services in
the City of Temecula are subject to annual review and modification. The franchise agreement
provides for adjustments based upon changes in the Consumer Price Index (CPI) and Riverside
County landfill tipping fees. The CPI increase as reported by the U.S. Department of Labor Bureau
of Labor Statistics-Los Angeles-Riverside-Orange Co; All Urban Consumers is 3.3%. The County of
Riverside Waste Management Department will not increase their tip fee for FY 2005-2006 at county
landfills.
The solid waste commercial rates for fiscal year 2005-2006 reflect the 3.3% CPI increase. The
TCSD Board of Directors will review the single-family residential refuse and recycling collection rate
on June 28, 2005 as a part of the proposed TCSD Rates and Charges for FY 2005-2006.
The attached Exhibit "D" reflects the new rates for solid waste collection for all collection services to
become effective July 1, 2005.
FISCAL IMPACT: No additional costs will be borne by the City of Temecula since these
services are paid for directly by the customers receiving the services.
R:ISMITHBITrashI05-06 Rales-Staff.doc
Attachments: Resolution
Exhibit "D"
U.S. Department of Labor, Consumer Price Index
R:\SMITHBITrashI05-06 Rates-Staff.doc
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SOLID WASTE RATES FOR
FISCAL YEAR 2005-2006
THE CITY COUNCil OF THE CITY OF TEMECULA DOES RESOLVE AS FOllOWS:
Section 1.
The City Council of the City of Temecula does find, determine and declare
that:
a. The City of Temecula (the "City") and CR & R Incorporated (the "Grantee") entered
into an exclusive franchise agreement on May 28, 1991 for the collection, transportation, recycling,
composting, and disposal of solid waste and construction debris and for providing temporary binlroll
off services in the City.
b. The franchise agreement provides for periodic rate adjustments based on certain
predefined criteria, specifically annual Consumer Price Index ("CPt") adjustments and landfill tipping
fee adjustments.
c. The franchise agreement further provides a formula to calculate the fee adjustments
to be made to the agreement on an annual basis.
d. The CPI adjustment is 3.3% for fiscal year 2005-2006.
f. The franchise agreement provides that the solid waste fee adjustments are to be
adopted by the City Council by Resolution.
Section 2. That the City of Temecula approves the solid waste fee adjustments as
shown in Exhibit "D" for fiscal year 2005-2006.
Section 3.
The City Clerk shall certify to the passage and adoption of the Resolution.
R:\SMI1HB\Trash\OS.06 Rates Reso.doc
.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula this 28th day of June, 2005.
Jeff Comerchero,
Mayor
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA)
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution
No. 05- was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting thereof held on the 28th day of June, 2005 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
R:\SMITHB\Trash\05-06 Rates Reso.doc
CITY of TEMECULA
Exhibit "D"
Schedule of Rates
(effective July I, 2005)
I. Mechanized single family detached residential collection, recycling, composting, transfer,
and disposal grantee billing
Monthly Rate:
$ 15.45
2. Mechanized single family detached residential collection, recycling, composting, transfer,
and disposal parcel charge
Monthly Rate:
$ 15.45
3. Mechanized single family detached residential additional refuse, and composting container
grantee billing
Monthly Rate:
$ 6.34
4. Single family detached residential additional bulky item pick up - grantee billing
Pick Up Rate:
$ 7.64
5. Commercial. industrial, and multi-family residential refuse monthly bin rates ( one 2 cubic
yard bin) with the following pick ups per week:
I x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
$ 73.77
$ 147.54
$ 221.31
$ 295.08
$ 368.85
$ 442.62
$ 516.39
Compacted 2 Cubic Yard monthly rate:
2.5 x monthly rate
6. Commercial, industrial, and multi-family residential refuse monthly bin rates (one 3 cubic
yard bin) with the following pick ups per week:
I x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
$ 85.26
$ 170.52
$ 255.78
$ 341.04
$ 426.30
$ 511.56
$ 596.82
Compacted 3 Cubic Yard monthly:
2.5 x monthly rate
7. Commercial, industrial, and multi-family residential recvcliue monthly bin rates ( one 3
cubic yard bin) with the following pick ups per week:
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
$ 38.55
$ 77.10
$ 115.65
$ 154.20
$ 192.75
$ 231.30
$ 269.85
8. Commercial, industrial, and multi-family residential refuse monthly bin rates ( one 4 cubic
yard bin) with the following pick ups per week:
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
$ 96.77
$ 193.54
$ 290.31
$ 387.08
$ 483.85
$ 580.62
$ 677.39
Compacted 4 Cubic Yard monthly rate:
2.5 x monthly rate
9. Commercial, industrial, and multi-family residential recvcliol! monthly bin rates ( one 4
cubic yard bin) with the following pick ups per week:
10. Temporary 3 cubic yard bin rate:
11. Extra 3 cubic yard pick up:
12. Redeliver and reinstatement rate:
13. Roll-off disposal rate:
14. Roll-off recycling rate:
15. Roll-off compactor rate:
16. Roll-off recycling compactor rate:
17. "Hard to service" vehicle usage rate:
18. "Hard to service" bin moving rate:
19. Special bin lids (locking/CBL) rate:
20. Deodorizing / replacing bin rate:
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
7 x week
$ 51.04
$102.08
$153.12
$204.16
$255.20
$306.24
$357.28
$ 74.63 per load
$ 38.87 pick up
$ 3 1.94 per occurrence
$179.3 8 MRF /landfill fee
$179.38 plus market valve
$249.73 MRF/landfill fee
$249.73 plus market valve
no charge
no charge
no charge
no charge
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ITEM 5
I
i
,
APPROVAL ~ I
. CITY ATTORNEY ---- ~ I
DIRECTOR OF FINANCE --- - I
CITY MANAGER ----- -- ,
,
,
I
CITY OF TEMECULA
AGENDA REPORT !
,
I
TO: City Manager/City Council ,
Herman Parker, Director of Community servic~ I
FROM: ,
DATE: June 28, 2005 I
,
SUBJECT: Purchase of TCSD Recreation Bus ,
PREPARED BY: Phyllis Ruse, Deputy Director of Community Services
Gus Papagolos, Fiscal Services Manager
RECOMMENDATION: That the City Council:
1) Approve the purchase of a TCSD Recreation Bus for $88,273.57 from Creative Bus Sales Inc.
DISCUSSION: The adoption of the fiscal year 2004/05 Annual Operating Budget approved the
funding for the purchase of a TCSD Recreation Bus. The Bus is an addition to the current fleet and will
be used to enhance the Mary Phillips Senior Center activities and other TCSD/Cityfunctions. The TCSD
provides economical transportation to and from the Mary Phillips Senior Center for local residents. This ,
allows many seniors to enjoy the noon nutrition luncheon along with other social and recreational ,
activities offered at the center each weekday. As the City's population has grown, excursions have
become even more popular. The new bus will provide opportunities for more participants. Staff
envisions being able to use the bus to support other events, such as Holiday Lights and Festive Sights,
Sister Cities functions, S.M.A.R.T., summer day camp, and other Citywide activities.
The proposed bus features space for two wheelchairs with appropriate lift and tie downs for safety.
The lift is designed so one van driver can operate the system with ease and complete safety. This
will allow staff to provide adequate service to persons with physical limitations. When wheelchair
access is not necessary, the space easily accommodates additional non-wheelchair seating. This ,
bus can be arranged to seat 24 fixed passengers or 20 fixed and 2 wheel chair passengers. A
diagram of the seating arrangements has been attached.
,
The purchase of the bus from Creative Bus Sales Inc. is available on the State of California Multiple
Award Schedules (CMAS) under vehicle contracts. The competitive quoted price is provided by an
authorized CMAS contractor. Under this agreement it is within the City's discretion to take advantage of
the pricing on another governmental entity contract. The contract is made available for use by State of
California agencies and any city, county or local governmental agency empowered to expend public
funds. Therefore, this purchase is exempt from competitive bidding requirements. Staff's research has
determined that the CMAS price is the most competitive and that there are no local venders on the
CMAS suppliers list. To ensure participation from the local dealerships, Staff mailed each local
dealership an RFP and unfortunately it was determined this type of vehicle is not supported by any of the
local dealerships. The CMAS program is consistent with the City's procurement policies and regulations
and that it is used by many Cities as an industry standard.
FISCAL IMPACT: Adequate funds are available in the Vehicle Internal Service Fund for this
purchase. Adequate funds are also budgeted in the respective departments for depreciation expense.
Attachment: Seating Diagram
JUN-15-2005 10:28
.
CREATIVE BUS SALES
909 465 5S29 P.03
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ITEM 6
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
Herman Parker, Director of Community serviceg
June 28, 2005
TO:
DATE:
SUBJECT:
Arts Council of Temecula Valley Special Events Community Grant
Agreement
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve a Special Events Community Grant
Agreement between the City ofTemecula and the Arts Council ofTemecula Valley in the amount of
$22,000.
DISCUSSION: The Arts Council of Temecula Valley (Arts Council) 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 of these
events.
Funds provided by the City are used to pay for orchestras, advertising and promotion, printing, stage
and lighting. The Arts Council would again like to offer these events to the community and is
requesting that the City participate in this effort by providing a community special events grant. The
grant will provide $12,000 in funding toward the Fall Concert on the Green and $10,000 in funding
toward the Arts in the Country Festival, for a total grant of $22,000.
FISCAL IMPACT: The cost to co-sponsorthe Fall Concert on the Green and Arts in the
Country Festival is $22,000. Sufficient funds are appropriated and available in the Community
Support Budget of the General Fund for FY 2005/06.
Attachment: Special Events Community Grant Agreement
R:\RUSEP'v\GENDAS\2005-06 Arts Council Event Grant Agreement-CC.doc
SPECIAL EVENTS 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, a non-profit corporation, and is
dated as of June 28, 2005. 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-two thousand dollars ($22,000) for the
purpose of continuing and enhancing its cultural arts programs within the City of
Temecula. The City Council hereby allocates $12,000 to co-sponsor the costs of
providing the Spring Concert on the Green and $10,000 for the Arts in the Country
Festival special events ("Events") to be presented by the Arts Council during fiscal year
2005-2006.
c. This Agreement provides for the manner in which the grant will be
paid to the Arts Council.
2. The City shall pay $22,000 to the Arts Council to promote and present the
Events for the fiscal year ending June 30, 2006. Arts Council shall submit an invoice to the City
prior to each 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.
3. The term of this agreement shall be July 1, 2005 to June 30, 2006.
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 Council 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.
R:\RUSEP\CONTRACT\2005-06 Arts Council Community Special Events Grant Agreement.doc
,
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
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 properly
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 2005-2006 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.
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, including a non-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.
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, personai 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.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-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.
(2) For 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 or self-insured maintained by
R:\RUSEP\CONTRACT\2005-06 Arts Council Community Special Events Grant Agreement.doc
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 clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested, has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraoe. 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 Councilor 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
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:IRUSEPICONTRACT\2005-06 Arts Council Community Special Events Grant Agreement.doc
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.
R:IRUSEPICONTRACT\2005-06 Arts Council Community Special Events Grant Agreement.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Jeff Comerchero
Mayor
Attest:
Susan Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
ARTS COUNCIL OF TEMECULA VALLEY, a California
non-profit corporation
By:
Name:
Title:
By:
Name:
Title:
R:IRUSEPICONTRACTi2005-06 Arts Council Community Special Events Grant Agreemehl.doc
~
ITEM 7
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Herman D. Parker, Director of Community services@
DATE: June 28, 2005
SUBJECT: Acceptance of Quitclaim Deeds - Redhawk Parks B, E and F
PREPARED BY: Barbara Smith, Management Analyst ~)
RECOMMENDATION: That the City Council:
1. Accept and record the Quitclaim Deeds for Redhawk Parks B, E and F, subject to all title
report issues being reviewed and approved by the TCSD and the City Attorney's Office.
BACKGROUND: On March 2, 2004 a special election was held to determine if the
registered voters within the Redhawk Specific Plan area were in favor of annexation into the
City of Temecula as well as the detachment of public park maintenance responsibilities from the
County Service Area 143 to the City's Community Services District (TCSD). The special
election was successful in obtaining over 2/3's majority vote and as a result on June 30, 2005
the City of Temecula will annex the Redhawk Specific Plan area into the City and TCSD will
begin park maintenance.
Riverside County has transferred three (3) park sites as identified in the Specific Plan as Parks
B, E and F to the City by means of a Quitclaim Deed. The County of Riverside held their intent
meeting on June 14, 2005 initializing the transfer of the Quitclaim Deeds to the City of
Temecula. The final authorization of the Quitclaim Deeds transfer was on the agenda for the
Board of Supervisors' meeting scheduled earlier today.
Park B is an approximately 1.8 acre neighborhood park located on Camino San Dimas across
the street from Helen Hunt Jackson Elementary School. This is a passive park which includes a
tot lot, picnic benches and a large open turf area.
Park E is an approximately 4.6 acre park located along Temecula Creek, east of Butterfield
Stage Road. This is a linear passive park which includes a tot lot, picnic tables, BBQ with a trail
that is accessible from Butterfield Stage Road and runs the length of the park.
Park F is an approximately 14.6 acre park located along Temecula Creek west of Redhawk
Parkway. This is a passive park with a tot lot, picnic area with a shade structure, parking lot and
a large open turf area. This park is commonly known as "Redhawk Community Park".
R\SMITHB\Redhawk Annexalion\Park Acceptance - Grant Deeds.doc
FISCAL IMPACT: The annual cost for maintaining Park B is $11,104; Park E is
$42,040 and Park F is $84,200 which is included in the Temecula Community Service District
Fiscal Year 2005-2006 budget.
ATTACHMENTS:
1) Vicinity Maps for Parks B, E and F
R:\SMITHB\Redhawk Annexation\Park Acceptance - Grant Deeds,doc
City of Temecula GIS Application: Map/Report Window
Page 1 of 1
City of Temecula
Geographic Information Systems
43200 Business Park Drive Temecula, CA 92590
(951 )308-6300 www.cityoftemecula.org
Vicinity Map
Redhawk Park B
Cl)
http://www.cityoftemecula.org/GIS_ArcIMSlPrint_Process.asp
06/1712005
City of Temecula GIS Application: Map/Report Window
Page I ofl
City of TemecuIa
Geographic Information Systems
43200 Business Park Drive Temecula, CA 92590
(95l}308-6300 www.cityoftemecula.org
Vicinity Map
Redhawk Park E
~-
"
http://www.cityoftemecula.org/GIS _ ArcIMS/Print_Process.asp
06/17/2005
City of Temecula GIS Application: Map/Report Window
Page I of I
City of Temecula
Geographic Information Systems
43200 Business Park Drive Temecu\a, CA 92590
(951 )308-6300 www.cityoftemecula.org
Vicinity Map
Redhawk Park F
"
http://www.cityoftemecula.org/GIS_ArcIMSlPrint_Process.asp
06/17/2005
ITEM 8
APPROVAL
CITY ATTORNEY
DIRECTOR OF FI~ ~
CITY MANAGER ~ ~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Herman D. Parker, Director of Community service@
June 28, 2005
DATE:
SUBJECT:
First Amendment to Defer Conditions of Approval for Tract No.
29353-2 (Roripaugh Specific Plan)
PREPARED BY:
Cathy McCarthy, Development Services Administrator /
RECOMMENDATION: That the City Council approve the First Amendment to Agreement
to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No.
29353-2 (Roripaugh Ranch Specific Plan)
BACKGROUND: On September 23, 2003 the City Council approved the
"Agreement to Defer Completion of Conditions of Approval until after Recordation of Map for
Tract No. 29353-2 (Roripaugh Ranch Specific Plan)". This agreement deferred conditions of
approval requiring the approval of construction drawings for the parks, landscaped medians and
proposed TCSD maintained areas. In exchange for this deferment, the Developer agreed to
design and construct at his own expense an additional 1,800 square foot community building
located in the sports park. The actual timing for the completion of the improvements as
specified by the conditions of approval did not change.
All the necessary plans are substantially complete with the exception of the sports park. This
first amendment to the deferral agreement will defer the approval the constructions drawings for
the sports park to the first residential building permit in Tract No. 29353-2 and Tract No. 29353-
3. In exchange for this consideration, the developer has agreed to improve and convey to the
City an additional one and four tenths (1.4) acre for the Sports Park in Planning Area 27 for a
total of twenty-one and one tenth (21.1) acres. The developer will also improve and convey to
the City two and three tenths (2.3) acres of Planning Area 33B for a trail head and park and ride
facility. The improvements will include a minimum 50 parking spaces and 6 spaces for trailer
parking; security lighting; passive recreational area with benches and tables; kiosk for
interpretive information for the open space area; drinking fountains; water and staging area for
equestrians and appropriate landscaping.
FISCAL IMPACT:
None
ATTACHMENTS:
First Amendment to Agreement to Defer Completion of Conditions
R\tvlcCanhClAgenda Reports\Roripaugh First Amendmenllo the Deferral Agreementdoc
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
City ofTemecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attn: City Clerk
Exempt from recording fees pursuant to GoV!. Code Section 27383
(Space above for recorder's use)
FIRST AMENDMENT TO AGREEMENT TO DEFER
COMPLETION OF CONDITIONS OF APPROVAL UNTIL AFTER
RECORDATION OF FINAL MAP FOR TRACT NO. 29353-2
IRORIPAUGH RANCH SPECIFIC PLAN)
(Ashby USA LLC)
This Agreement is made and entered into as of June 28, 2005, by and between the CITY
OF TEMECULA, a municipal corporation ("City") and ASHBY USA, LLC, a California limited
liability company ("Developer"), with respect to the following facts:
Recitals
A. Developer is the Developer of a portion of that certain real property (the
"Property") located in the City of Temecula, County of Riverside, State of California and is
generally known as Roripaugh Ranch, which Property is more specifically described on Exhibit
A, Legal Description of Property, attached hereto and incorporated herein as though set forth in
full. Roripaugh Ranch is composed of Tract 29353. Tract 29353 is divided in to three phases,
Tract 29353-1, Tract 29353-2 and Tract 29353-3. The Agreement and this First Amendment
only affects Tract 29353-2 and Tract 29353-3. Tract 29353-1 is not a part of the Agreement or
the First Amendment and portions of Tract 29353-1 have been sold to merchant builders.
B. On December 17, 2002, the City and Developer entered into that certain
agreement entitled "Development Agreement by and between the City of Temecula and Ashby
USA, LLC" which Development Agreement was recorded on January 9, 2003 in the Official
Records of Riverside County as Document No. 2003-108567 ("Development Agreement").
825598.4 6/23/05
C. On December 17, 2002, the City Council of the City of Temecula
approved Tentative Tract Map No. 29353 and other land use entitlements with certain conditions
of approval which conditions must be satisfied prior to the recordation of a final map for the
Property (the "Conditions of Approval").
D. Condition No. 96 of the Conditions of Approval requires that prior to the
approval of the Final Map for Tract No.29353 for the Property, "Construction drawings for all
parks, landscaped medians and proposed TCSD slope/landscape maintenance areas shall be
reviewed and approved by the Director of Community Services prior to the approval of the
respective final map" ("Condition 96").
E. Condition No. 97 of the Conditions of Approval requires that prior to the
approval of the Final Map for Tract No. 29353 for the Property, "The developer shall post
security and enter into an agreement to improve the public parks, landscaped medians and
proposed TCSD slope/landscaped maintenance areas prior to the approval of the respective final
map" ("Condition 97").
F. The improvements for which the Developer must obtain plans approved
by the City prior to recordation of the Final Map for the Property are: (1) 5.1 acre neighborhood
park (Lot 2 of Tract 29353-2); (2) 19.7 acre sports park (Lot 9 of Tract 29353-2); (3) perimeter
slope/landscape for Temecula Community Services District maintenance areas on Murietta Hot
Springs Road, Butterfield Stage Road, Nicolas Road, North Loop Road, South Loop Road, "A"
street and "B" street; and (4) medians on Murietta Hot Springs Road, Butterfield Stage Road,
North Loop Road and South Loop Road (the "Improvements"). The location of the
Improvements are depicted on Exhibit B, attached hereto and incorporated herein by this
reference as though set forth in full.
G. 'On September 23, 2003, the City and Developer entered into that certain
agreement entitled "Agreement to Defer Completion of Conditions of Approval Until After
Recordation of Final Map for Tract 29353-2" which Agreement was recorded on September 24,
2003 in the Official Records of Riverside County as Document No. 2003-744646
("Agreement").
H. The Agreement authorized Developer to record the final map for Tract
29353-2 prior to the fulfillment of Condition 96 and Condition 97 provided certain action
occurred. The final tract map for Tract 29353-2 has been recorded and Developer now seeks
further modifications of its obligations in order to permit recordation of the final tract map for
Tract 29353-3 ("Final Tract Map") and further development plan applications for subsequent
maps.
1. Developer has completed the following pursuan1 to the Agreement: (I)
submitted to the City construction plans and specifications for the Improvemen1s, except for the
19.7 acre sports park at Lot 9 of Tract 29353-2 ("Sports Park"), as otherwise required by
Condition No. 96; (2) obtained approval of the Director of Community Services of the
construction plans and specifications as required by Condition No. 96, except for the Sports
Park; and (3) executed a lawful, valid and binding subdivision improvement agreement with the
City and tendered a surety bond with a California admitted surety for the Improvements, except
for the Sports Park, as required by Condition No. 97.
825598.4 6/23/05
2
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises contained herein and the Agreement, Developer covenants, promises and agrees for the
benefit of the City as follows:
1. Recitals. The above recitals, and each of them, are true and correct and
are hereby incorporated by reference herein and made a part hereof.
2. Section 2 of the Agreement is hereby amended to read as follows:
"2. Compliance with Conditions of Approval. Developer
covenants and agrees to and in favor of the City that Developer shall: (l) submit
to the City construction plans and specifications for the Improvements, except
for the 19.7 acre sports park at Lot 9 of Tract 29353-2 ("Sports Park"), as
otherwise required by Condition No. 96; (2) obtain approval of the Director of
Community Services of the construction plans and specifications as required by
Condition No. 96, except for the Sports Park; and (3) execute a lawful, valid and
binding subdivision improvement agreement with the City and tender a surety
bond with a California admitted surety for the Improvements, except for the
Sports Park, as required by Condition No. 97. These three covenants shall be
completed to the full satisfaction of the Director of Community Services prior to
the issuance of the first residential building permit on the Property. Developer
acknowledges and agrees that the items required by Conditions 96 and 97 must
be submitted to and approved by the Director of Community Services prior to the
issuance of any residential building permit on the Property, even if the
Improvements do not pertain to that portion of the Property for which a
residential building permit is sought."
3. Section 3 of the Agreement is hereby amended to read as follows:
"3. Construction of Additional Communitv Improvements. In
consideration of the deferral of the requirements of Conditions 96 and 97 as described
above, Developer shall undertake the following in accordance with the Agreement, as
amended by this First Amendment, and the Conditions of Approval of Tract Map 29353:
(A) In addition to its obligation to build the restroom and
concession structure at the Sports Park pursuant to the requirements of Section
4.2.1 of the Roripaugh Ranch Specific Plan ("Community Building"), Developer
further agrees to design and construct, at is own expense, an additional building
located in the Sports Park ("Community Building II"). Developer shall submit
plans and specifications to the City for the Community Building II, which shall
include one thousand eight hundred (l,800) square feet of space for office uses, a
community room and storage space. The plans and specifications shall comply
with all applicable local, state and federal laws, ordinances, and regulations.
Developer shall submit such plans and specifications and obtain final City
approval of such plans and specifications prior to the issuance of the first
residential building permit on the Property.
825598.4 6/23/05
3
(B) Developer shall convey to the City additional one and four
tenths (1.4) acres for the Sports Park in Planning Area 27 for a total of twenty-one
and one tenth (21.1) acres ofland. The additional 1.4 acres shall to be conveyed
to the City at the time the Sports Park is completed and conveyed to the City.
(C) Developer shall convey to the City the two and three tenths
(2.3) acres of land in Planning Area 33B and shall construct and install the
improvements for a park and ride facility and trial head on said land. The
improvements shall include: (1) construction of a minimum of fifty (50) parking
spaces for the park and ride and six (6) spaces for trailer parking; (2) security
lighting; (3) passive recreational area with benches and tables; (4) kiosk for
interpretive information for the open space area; (5) drinking fountains; (6) water
for equestrians; (7) staging area for equestrians; and (8) landscaping. All
improvements shall be designed in accordance with the landscaping standards of
the Temecula Community Services District and all improvement plans shall be
approved in writing by the Director of Community Services. The City Manager
shall initiate proceedings to amend the Roripaugh Ranch Specific Plan to
designate the appropriate land use for Planning Area 33B to accommodate these
uses. Developer shall not begin construction of the improvements on Planning
Area 33B until such time as the Specific Plan has been so amended and all
statutes of limitations relating to the amendment have lapsed.
(D) Developer shall: (1) submit to the City construction plans
and specifications for the Sports Park, as otherwise required by Condition No. 96;
(2) obtain approval of the Director of Community Services of the construction
plans and specifications for the Sports Park as otherwise required by Condition
No. 96; and (3) provide the necessary agreements and surety bonds for the Sports
Park as required by Condition 97.
(E) The improvements, approvals, conveyances and other
actions required by this section shall be completed to the satisfaction of the
Director of Community Services prior to the issuance of any residential building
permit on the Property and City shall have no obligation to issue any residential
building permits on 1he Property until such time as said improvements, approvals,
conveyances and other actions have been completed to the satisfaction of the
Director of Community Services. City acknowledges that the Developer is not
required to complete and convey the Sports Park until the 700th building permit is
issued for the entire Roripaugh Ranch Specific Plan Area."
4. Section 6 of the Agreement is hereby amended to read as follows:
"6. Withholding Acceptance of Applications for Land Use
Entitlements and Withholding of Building Permit. Developer acknowledges and
agrees that by allowing the Developer to defer submitting construction plans,
obtaining City approval of the construction plans, conveying required property to
the City and obtaining bonding for the Improvements until after recordation of the
Final Tract Map, City has severely limited its remedies in the event Developer
fails to comply with the terms of this Agreement and which, if not replaced, could
adversely affect the public health, safety and general welfare. Developer,
825598.4 6/23105 4
therefore, acknowledges and agrees that in the event Developer breaches this
Agreement or any portion thereof or fails to submit and obtain the approval of the
City for the construction plans for the Improvements, or fails to construct the
additional improvements or fails to convey the additional land as described in
Section 3 of the Agreement, as amended by this First Amendment, the City has
the legal authori1y to and may withhold the issuance of residential building
permits or certificates of occupancy for the Property, even if the Improvements do
not pertain to that portion of the Property for which a building permit is sought, in
addition to any o1her legal remedy the City may have under law."
5. No Other Changes to Agreement. Except for the modifications to the
Agreement as specifically set forth herein, all other terms and provisions of the Agreement shall
remain in full force and effect.
6. Recordation of Covenant. The covenants of the Agreement and this First
Amendment shall be recorded in the office of the County Recorder for the County of Riverside.
7. Covenant Runs With Land. The Agreement and this First Amendment
shall be a covenant running with the land and shall be binding upon the Property and any future
Developers of the Property or successors in interest of Developer, and shall run to the benefit of
the City, until this Covenant is released or modified by the City. This Covenant shall run with
the land and shall be a burden upon the Property and shall be for the benefit of all real property
owned or controlled by the City which is located in the City of Temecula, County of Riverside,
and State of California. This instrument is intended to be a covenant running with the land and
such intention shall be liberally construed in favor of the City. Developer warrants and
represents to the City that all actions necessary to make this Agreement binding upon its
successors and assigns to the Property have been completed and that this Agreement is binding
upon Developer and its successors and assigns to the Property.
8. Entire Agreement: Amendment. The Agreement and this First
Amendment contains 1he entire agreement of Developer relating to the rights herein granted and
the burdens and obligations herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force or effect except for a subsequent modification in
writing signed by the then current Developer and lessee of the Property and by the City, except
for a termination hereof executed by the City. This Covenant may not be amended, modified or
revoked without the written consent of the City.
825598.4 6/23/05
5
IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of
the day and year first above written.
CITY OF TEMECULA,
a municipal corporation
Jeff Comerchero
Mayor
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
825598.4 6/23/05
6
ASHBY USA, LLC, a California limited liability
company
By: Ashby Development Co., Inc., its Managing
Partner
By:
Justin K. Ashby
President
By: USA Investment Partners, LLC, a Nevada
limited liability company, its member
By: USA Commercial Mortgage Company,
a Nevada corporation, its non-Member
Manager.
By:
Joseph D. Milanowski
President
825598.4 6/23/05
7
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
(TRACTS 29353-2 AND 29353-3)
825598.4 6/23/05
8
EXHIBIT B
LOCATION OF IMPROVEMENTS
825598.4 6/23/05
9
ITEM 9
APPROVAL~
CITY ATTORNEY
DIRECTOR OF F~CE ~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
Jim O'Grady, Assistant City Manager~
June 28, 2005
~
TO:
DATE:
SUBJECT: Preliminary Plans for Spring, 2006 Car Show
RECOMMENDATION: That the City Council approve preliminary plans for and authorize staff to
develop a sponsorship agreement with P&R Foundation for production of a car show to be held on
March 10 and 11 of 2006.
BACKGROUND: On August 10, 2004, the City Council approved an agreement with Central
Coast Productions to conduct a car show in February of 2005. This agreement also provided for
Central Coast to produce a similar event in 2006.
Central Coast Productions did produce this event, but shortly after the event we received a letter
from Joe Rivera, President of Central Coast, advising us that his firm would not be able to produce
the event in 2006. The letter further stated that car participants and vendors that had paid pre-
registration fees would be issued refunds.
Since then, we have been contacted by a number of vendors and participants in the 2005 event
advising us that they have been unable to reach Mr. Rivera or anyone else at Central Coast.
Furthermore, they have stated that they have not received refunds of their pre-registration fees, and
that winners of various car show categories who were promised winner's jackets have not received
the jackets. Finally, the City's agreement with Central Coast provided that they provide $5,000 to
certain non-profit beneficiaries. The Musician's Workshop and SAF.E. were designated as the
beneficiaries, and we have learned that they did not receive the $2500 each as promised by Mr.
Rivera and as required by our agreement.
DISCUSSION: The members of the Economic Development Subcommittee (Mayor
Comerchero and Mayor Pro Tem Roberts) have discussed this and believe that it is in the City's
interest to continue to have a spring car show. The subcommittee and staff also believe that some
steps should be taken to try to re-establish the credibility of the spring car show as a desirable event.
The City has received proposals from two organizations that would like to put on the event in 2006.
These are from Just Cruzin of Riverside, whose principal is a former partner of Joe Rivera (but was
not associated with the 2005 event). The second is from P&R Foundation (Pat Vesey and Ray
Waite), the company that produces the Fall Car Show.
Staff and the Subcommittee have reviewed the proposals and recommend that the City Council
IntraneV2e Staff Report Shell Regular
authorize staff to develop a sponsorship agreement for the 2006 event with P&R Foundation. P&R
is a local organization, has worked very well with staff, and has an excellent track record of
producing the fall car show.
We further believe that it is very important to separate this event from the 2005 event through a
name change and somewhat different approach. Finally, because of uncertainties with weather
associated with a Fall event, we are recommending that the event be held in March.
Based on discussions with P&R, as weli as written information received, werecommend that
Council authorize staff to develop a sponsorship agreement based on the following key points:
. The event would be held on March 11 and 12, of 2006. The event would feature a Friday
night cruise and informal car display, with the show being held on Saturday, March 12.
. The event would feature an old time Rock-n-RolI theme, with one or more classic Rock and
Roli bands. Entertainment would be free to the public. The City would provide P&R with a
one-time payment of up to $6500 for entertainment. It is anticipated that P&R would not
need such assistance in the future as the event became established.
. If restitution is not made by Mr. Rivera, P&R would give complimentary registration to Spring
2005 car show participants that could show proof of payment for pre-registration (e.g.
cancelled check). The Citywili provide P&R $1800 to cover the cost of"T" shirts and mugs
which are part of the registration benefits.
. P&R is not in a position to give complimentary registration to Spring 2005 vendors that had
pre-paid, but the registration fees for the P&R event are less than those put on by Central
Coast.
. The City would provide up to $2675 for purchase of Jackets for the 2005 winners. P&R
would handle the purchase and distribution of those jackets.
. P&R would provide 25% of net revenues up to a maximum of $5000 to approved local non-
profit organization(s).
If this approach is approved by the Council, staff would develop a sponsorship agreement with P&R
Foundation based upon these points and the informational materials attached. In addition, if
restitution is not made by Mr. Rivera, we would recommend that the Musician's Workshop and
SAFE be given additional consideration in the upcoming round of Community Service funding.
FISCAL IMPACT: City support costs for this event are estimated to cost approximately $40,000
or less. Funds are provided in the adopted 2005/06 budget. The total direct cash support costs of
$11,475 are not included in the budget and would require an appropriation at the time that the
sponsorship agreement were approved.
ATTACHMENT: Proposal by P&R Foundation for 2006 Spring Car Show.
IntraneV2e Staff Report Shell Regular
Pt!T:R. FOVNI>ATION t!T THE I>:R.IFTE:R.S I:A:R. I:LVE
39252 Winchester Rd. #107-361
Murrieta, CA 92563
951-325-7100 Fax 951-346-3712
20th Annual
Temecula Rock'n Rod Run
March 10 & 11 2006
I. Again, we would like to thank the City of Temecula for the opportunity to submit a proposal
for the 2006 Spring Rock'N Rod Run. We propose that this event would benefit the
Temecula Police Cadets & one other non-profit organization TBD. We will use a similar
format that we have used for the last five years in promoting the Fall Car Show. In addition,
as always we will continue to refine it to be even more merchant and community friendly.
a. We will keep the very successful Friday night cruise and a Saturday show & shine
format. We have had great success with this format, and we believe we can place 650
vehicles; this includes the 300 vehicles that have pre registered. There will be no
charge to the 300 Pre registered but we would ask the city to reimburse the $6.50 to
cover the cost of a free T-Shirt and Souvenir mug, estimate cost to the City $1800.
b. Registration will be held at the Hampton Hotel on Thursday lOam to 6 pm, Friday
9am to 6:30 & Saturday morning until 9:00 am, at this time we will also give out
Jacket Awards from the past February show unless Central Coast Productions takes
care of this expense. Estimated cost to the city $2675.00
1. Friday Night March 10, 2006: We would like to have the streets blocked off
from 1:00pm to 8:30pm, if we do entertainment we would like them blocked
until II pm. The crowds that came down town to watch the cruising have
always been tremendous, this along with the success of the merchants &
vendors doing business on Front Street, will make this Friday night very
successful for all!
t1. Vendors Friday evening: will be allowed to set up starting at 1:00pm,
allowing them the opportunity to join in the evening festivities, The Vendors
they like this arraignment. We may also have name entertainment at a sight to
be determination based on the weather and economics.
111. On Saturday March 11,2006: Streets blocked from 5:00 am to 4:30 pm. We
will use all of Front Street, and the business parking lots on the facing Front
Street, the Stampede parking lot, the 6th street parking lot, and any other space
we deem necessary to accommodate the 300 pre-registered vehicles, we
anticipate 650 plus vehicles for this event. A limited amount of space on side
streets on the east side will remained open to Public IMerchant parking
and up to 20 cars facing west on Main Street to the bridge.
tv. On Saturday March 11: We plan to feature the Legends of Rock playing
great hits of the Fifties & Sixties. The groups we are presently looking at are
The Supremes, The 0' Jays, The Penguins, The Four Tops and More!
(Subject to availability)
v. Our Events are always alcohol free events.
Vendors will be placed on the comers of each street same as in the fall. We
feel this is Important for our event. We want to use the 6'h street parking lot
place the import cars along with some vendors. (We expect to loose the Pool
lot, Butterfield SQ & the 4th street lot for vendors in 2006) This will be a big
economic loss to the event if we do not get the 6'h street parking lot.
VI. Event ends at 4:30pm on Saturday.
VII. In the past three vears, The Press Enterprise has declined to participate in a
advertising support. We are in all major cruise magazines along with their
web sights. This will reflected in the increased registered vehicles, and
public viewing. We expect to have this media coverage continue.
Vlll. We will work with all vendors who may have paid to get them space or the
address of Central Coast Productions so they may put in reimbursement.
. Overall event costs for event organizers; Drifters Car Club will be given $400.00 for the
help in parking cars, judging and over all supervision of vendors. P&R Foundation will be
reimbursed for there marketing & sales & business expenses we guarantee to give at least
$5,000.00 or 25% of net which ever is lower to our listed charities.
. The Drifters Car Club is California Non Profit organization # 2503460 as of April 15- 03
. P&R Foundation does have a 501-3C number.
. Key officers are Randy Haapala, Ray Waite, Ronda Henne & Pat Vesey
. The Old Town Merchants seem to appreciate the fall event, I know we can get them to like
the March event. They do not loose two full days with road closures. I know we will stage
a great event benefiting the city, restaurants, Hotels & Merchants.
. We will have a media day at some location within the city; we have not determined a place
or date yet!
CHANGE: The price to register a vehicle from last two years was $40.00 for pre-registered
vehicles and move $60.00 day of event. We will charge $30.00 pre registration ($35 Late
Registration) that includes a T-shirt & Souvenir Mug.
AS HOST CITY, THE CITY OF TEMECULA WILL RECEIVE
Name or logo on all flyers (min 15,000)
Name on Posters
Logo in all Ads'
Name on T-Shirts
Ten free Event T-Shirts
Booth space to promote the city of Ternecula
First Year Cost to the City
Award Jackets
300 T-shirt & Mugs
First year Entertainment
Mailing to our Complete Data Base
Total Cost to City
$2675
$1800
$6500
$500
$11,475
P&R Foundation & the Drifters Car Club have produced very
successful car events in Southern California. We expect
everything to go smoothly, because of the support we get
From the City of Temecula Service Departments
Temecula Rock'N Rod Run March 10 & 11 2006
Budget
Notes
Revenue
Car Re istrations
S onsors
Vendors
Cit S onsorshi
T-shirt Sales
T-Shirt 7 Mu to 300 Pre Re istered
Raffle
One Time Mailin to Data Base
2005 Award Jackets
Tro h S onsors
Total
Expenses
$
$
$
$
$
$
$
$
$
$
9,000.00 Est. 300 Re istered alread
12,000.00
10,000.00
6,500.00
1,600.00
2,500.00
500.00 Cit Reimbursement
2,675.00 Cit Reimbursement
3,500.00
48,275.00
2005 Award Jackets (Central Coast) $ 2,675.00
Flyers $ 700.00
Final Dinner $ 210.00
Car mileaQe & Show Fees $ 1,500.00
Awards $ 3,500.00
Postage $ 1,000.00
Rentais $ 1,200.00
Phone $ 210.00
Music/Entertainment $ 6,500.00
Clean Up $ 1,500.00
Insurance $ 1,342.00
Communications Equipment $ 150.00
T-shirts / hats $ 8,500.00
Souvenir Mugs $ 625.00
Porta Potties $ 1,400.00
Drifters Car Club Parking etc. $ 400.00
Supplies $ 580.00
Miscellanies costs $ 1,000.00
Refreshments Meetings $ 250.00
Advertising $ 1,000.00
(1)10x10 Tents $ 387.00
Sponsor Plagues $ 250.00
Registration Help $ 400.00
Gift $ 250.00
Permits countv $ 284.00
Volunteer Awards $ 360,00
Posters $ 1,200,00
Web maintenance $ 219.00
Stan Mayo OJ $ 250.00
Ravs Expenses $ 250.00
Permits Fee's Citv $ 494.00
Total Expenses $ 38,586.00
Revenue $ 48,275.00
Net Revenue $ 9,689.00
To Non Profit $ 2,422.00
Award Jackets J1 $ 2,675.00 City will pay costs
Shirt & Mug to 300 pre Registered $ 9,000.00 P&R will forgo the costs
T-Shirt & Mug to each Pre Registere $ 1,800.00 P&R Would Like to be Reimbursed
Vendors We will work with them to recover their costs. No cost to the city!
One time Sponsorship to cover cost ofl $ 6,500.00
I
ITEM 1 0
APPROVAL rlA. i
,
CITY ATTORNEY . vv', I
DIRECTOR Of fINAN~E ,
CITY MANAGER
t7 !
,
,
CITY Of TEMECULA
AGENDA REPORT ,
I
TO: City Council/City Manager ,
Anthony J. Elmo, Director of Building & Safety 1 ,
fROM: ,
DATE: June 28, 2005 I
SUBJECT: Agreement for Contract Inspection Services for !
P&D Consultants and Berryman & Henigar, Inc.
,
RECOMMENDATION: That the City Council: ,
1. Approve an Agreement for Consultant Services with P & D Consultants in an amount not to I
exceed $52,000 plus a 10% contingency for Contract Inspection Services.
I
2. Approve an Agreement for Consultant Services with Berryman & Henigar, Inc. in an amount not
to exceed $52,000 plus a 10% contingency for Contract Inspection Services.
,
,
DISCUSSION: P & D Consultants and Berryman & Henigar, Inc. have provided supplemental ,
building inspection services to the Building and Safety Department for the past several years. The
City currently has two vacant positions for Building Inspector II, which are currently in the recruitment I
process. During this time frame we have a need for experienced certified building inspectors. I
Contract and/or temporary employees in such a specialized field are not readily available or practical.
These qualified inspectors have augmented City staff during periods of heavy work load so that
inspections can be performed in a timely and accurate manner.
FISCAL IMPACT: funds are currently budgeted and will be available in the fiscal Year 2005-06 ,
Operating Budget. ,
!
ATTACHMENTS: Agreements for P&D and Berryman & Henigar, Inc.
,
I
,
R: \BROCKMEI\AGENDA \ P&D BERRYMAN HENlGAR CONSULTANTS 05-06. DOC I 6/20/05
I
,
..
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of July 1, 2005 between the City of
Temecula, a municipal corporation, and P & D Consultants. 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, 2005 and shall remain
and continue in effect until tasks described herein are completed, but in no event later than
November 1, 2005 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the tasks described and set forth in
Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged
in providing similar services as are required of Consultant hereunder in meeting its obligations under
this Agreement.
4. 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, attached hereto and incorporated
herein by this reference as though set forth in full, based upon actual time spent on the above tasks.
This amount shall not exceed Fifty two thousand dollars ($52,000) 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. The City Manager may approve additional work not to exceed ten
percent (10%) of the amount of the Agreement, but in no event shall such sum exceed Five
Thousand Two Hundred Dollars ($5,200). Any additional work in excess of this amount shall be
approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first 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 leastten (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 3.
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 identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts therefrom 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, surveys, notes,
and other documents prepared in the course of providing the services to be performed pursuant to
this Agreement shall become the sole properly 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,
Consultant shall make available to the City, upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling, transferring and
printing computer files.
c. With respect to the design of public improvements, the Consultant shall not be
liable for any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Consultant.
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, 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 in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the negligence of the City.
9. PROHIBITED INTEREST. No member, officer, or employee of the City of
T emecula or of a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board
member, office or employee of the City of Temecula has any interest, whether contractual, non-
contractual, financial, or otherwise, in this transaction, or in the business of the contracting party
other than the City of T emecula, and that if any such interest comes to the knowledge of either party
at any time, a full and complete disclosure of all such information will be made, in writing, to the other
party or parties, even if such interest would not be considered a conflict of interest under Article 4
(commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 otTilie
I of the Government Code of the State of California.
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 ScoDe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability cov.erage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
(4) Errors and omissions liability insurance appropriate to the consultant's
profession.
b. . Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
(4) Errors and omissions liability: $1,000,000 per occurrence.
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 insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers. .
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coveraae. 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.
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 or agents shall have control over the conduct of Consultant or any of
Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall
not at any time or in any manner represent that it or any of its officers, employees or agents are in
any manner officers, employees or agents of the City. Consultant shall not incur or have the power
to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of
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 Consultant shall at all
times observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply
with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14.
NOTICES.
Any notices which either party may desire to give to the other party under this Agreement must be in
writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery
service, such as but not limited to, Federal Express, that provides a receipt showing date and time of
delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt
requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by Notice:
To Consultant:
City of Temecula
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Clerk
P & D Consultants
999 Town & Country Road
4th Floor
Orange, CA 92868
To City:
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.
9. 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 ofthe parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation conceming this
Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this
Agreement, the prevailing party as determined by the Court, shall be entitled to actual and
reasonable attorney fees and litigation costs incurred in the litigation.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
By
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
By
P & D Consultants
Steven L. Patterson, Associate V.P.
EXHIBIT A
TASKS TO BE PERFORMED
Perform combination building inspection on an as-needed basis.
EXHIBIT B
PAYMENT SCHEDULE
For and in consideration of the Contractor's services, inspection services shall be provided at the
rate of $75.00 per hour, plus $.36 per mile for each mile accumulated while performing inspection
services for the City. Should the City provide vehicular transportation for Contractor's use, no fees
shall be charge for mileage.
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as of July 1, 2005, between the City of
Temecula, a municipal corporation ("City") and Berryman & Henigar, 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, 2005 and shall remain and
continue in effect until tasks described herein are completed, but in no event later than November 1,
2005, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the tasks described and set forth in
Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best ofhis or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimwn, 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, attached hereto and incorporated
herein by this reference as though set forth in full, based upon actual time spent on the above tasks.
This amount shall not exceed Fifty two thousand dollars ($52,000.00) 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. The City Manager may approve .additional work not to exceed ten
percent (10%) ofthe amount of the Agreement, but in no event shall such sum exceed Five thousand
two hundred ($5,200). Any additional work in excess of this amount shall be approved by the City
Council.
LAlQ,136829.2
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Revised 9/18195
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first 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
nondisputed 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 oftermination, 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 3.
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 tenns 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 fai1ure by the Consultant to make progress in the perfonnance 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 defuu1t
in the perfonnance of any of the tenns or conditions of this Agreement, it shall serve the Consu1tant
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 perfonnance. In the event that the
Consultant fai1s 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.
LAXl,I36829.2
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Revised 9/18195
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such infonnation required by City that relate to the perfonnance 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 therefrom 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, surveys, notes,
and other documents prepared in the course of providing the services to be perfonned 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, Consultant
shall make available to the City, upon reasonable written request by the City, the necessary computer
software and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shalloot be
liable for any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Consultant. .
8. INDEMNIFICATION. The Consultant agrees to defend, indemnilY, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any and
all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the
City, its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful
acts or omissions in perfurming or fuiling to perform under the terms of this Agreement, excepting
only liability arising out ofthe sole negligence of the City.
9. INSURANCE REOUlREMENTS. Consultant shall procure and maintain
for the duration of the contract insurance against c~ for injuries to persons or damages to
property which may arise from or in connection with the perfonnance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe ofInsurance. Coverage shall be at least as broad as:
LAX2:136829.2
-3-
Revised9fl8l95
(1) Insurance Services Office Commercial General Liability coverage
(occurrence fonn CG 0001).
(2) Insurance Services Office fonn number CA 000 I (Ed. 1/87) covering
Automobile Liability, code I (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
(4) Errors and omissions liability insurance appropriate to the consultant's
profession.
b. Minimum Limits ofInsurance. Consultant shall maintain limits no less than:
(I) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other fonn 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) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
(4) Errors and omissions liability: $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:
(I) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
perfonned by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
LAX2:136829.2
-4-
Revised 91l8f9S
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, cancelled by either
party, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has
been given to the City.
e. Acceptability ofInsurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City.
f. Verification of Coverage. 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 befure
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.
LAJ<2, t36829.2
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Revised 9/18195
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 ofConsuhant shall
at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers,
employees or agents shall have control over the conduct of Consultant or any ofConsuhant'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 RESPONSmlLITIES. The Consultant shall keep itselfinformed 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 Consultant shall at all times
observe and comply with all such laws and regulations. The City, and its officers and employees, shall
not be liable at law or in equity occasioned by failure ofthe Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All infonnation gained by Consultant in perfonnance 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 ~r other
infonnation 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 docwnents, interrogatories, request for admissions or other discovery request,
court order or subpoena from any party regarding this Agreement and the work performed thereunder
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.
LAX2:136829.2
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Revised 9/18195
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 docwnent delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (ill) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address ofthe party as set
forth below or at any other address as that party may later designate by Notice:
To City:
City ofTemecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92590
Attention: City Manager
To Consultant:
Berryman & Henigar
11590 West Bernardo Ct. Ste 100
San Diego, CA 92127
14. ASSIGNMENT. The Consuhant shall not assign the perfonnance of this
Agreement, nor any part thereof; nor any monies due hereunder, without prior written consent of the
City.
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 perfonnance of the services
described in this Agreement.
16. GOVERNING LAW. The City and Consuhant 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 ofTemecula.
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
contemporaneons 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 filets such party deems material.
18. AUTHORITY T9 EXECUTE THIS AGREEMENT. The person or
persons executing this Agreement on behalf of Consultant warrants and represents that he or she has
LAX2:136829.2
-7-
Revised 9/18195
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF TEMECULA
By
Jeff Comerchero, Mayor
Attest :
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
CONSULTANT
Berryman & Henigar
By
LAX2:136829.2
-8-
Revised 9/18195
EXlllBIT A
TASKS TO BE PERFORMED
Berryman & Henigar will provide combination type building inspection services for compliance
with applicable codes on an as needed basis. Responsibilities will include but are not limited to
the inspection of structural, plumbing, electrical and mechanical components on residential and
commercial construction projects within the city.
LAX2:136829.2
-9-
Revised 9/18195
LAX2: t36829.2
EXlllBIT B
PAYMENT SCHEDULE
Building Inspector
Mileage Charge
(Inspector use of personal vehicle)
-10-
$75.00 per hour
.36 per mile
Rcvised91l8l95
ITEM 11
, -
APPROVAL flVI J J ..-
CITY ATTORNEY ~/' 1I111/~
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Council/City Manager
FROM:
Anthony J. Elmo, Director of Building and Safety
DATE:
June 28, 2005
SUBJECT:
Approve a Second Amendment for Plan Review Services
RECOMMENDATION: That the City Council:
1. Approve a Second Amendment to Esgil Corporation for Plan Check Services in an additional
amount not to exceed $149,130 for Plan Check Services to complete Fiscal Year 2004/05,
bringing the total contract amount to $349,130.
2. Approve an additional appropriation for $149,130 for plan check services to the Building and
Safety Plan Check Account No. 001-162-999-5248, "Consulting Services".
DISCUSSION: The Building and Safety Department has experienced a continued increase in plan
review activity during the months of May and June. Subsequently, the Professional Services
Contract amount has been exceeded. This amendment will provide the additional funds to
compensate Esgil Corporation for this additional plan check work. The City has collected additional
sufficient revenue to fully cover the requested additional appropriation of $149,130.
FISCAL IMPACT: This appropriation request for Account Number 001-162-999-5248,
"Consulting Services", is supported by plan review fee revenue already collected. No other funds are
necessary to subsidize this request.
R:\BROCKMEI\AGENDA\ESGIL SECOND AMENDMENT FY 2004-05.DOC
6/21/05
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND ESGIL CORPORATION
THIS SECOND AMENDMENT is made and entered into as of June 28. 2005 by
and between the City of Temecula, a municipal corporation and Esgil Corporation. In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. This Amendment is made with respect to the following facts and purposes:
a. On Julv 1. 2004 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for Plan Review Services" ("Agreemenf')
in the amount two hundred thousand $200,000.00
b. The parties now desire to increase the payment for services in the
amount of one hundred forty nine thousand one hundred and thirty dollars $149,130 and
amend the Agreement as set forth in this Amendment.
2.
follows:
Section 4a. PAYMENT of the Agreement is hereby amended to read as
"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, attached hereto and incorporate herein by this reference as
though set forth in full, based upon actual time spent on the above
tasks. This Second Amendment amount shall not exceed one hundred
and forty nine thousand one hundred thirty dollars and no cents
($149,130) for a total contract amount of three hundred forty nine
thousand one hundred thirty no cents ($349,130)."
3. Except for the changes specifically set forth herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
R:\BROCKMElIAGMTS\SECOND AMENDMENT ESGlL 04-05.DOC
1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Jeff Comerchero, Mayor
ATTEST:
BY:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSULT ANT
BY:
NAME: Richard Esgate, President
BY:
NAME: Sandra A. Brenner, Executive Vice President
R: \BROCKMElIAGMTS\SECOND AMENDMENT ESGlL 04-05.DOC
2
.
ITEM 12
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Grant Yates, Assistant to the City Manager
DATE: June 28, 2005
SUBJECT: Agreement for State Lobbyist with Wilson Group, LLC.
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council approve a three year contract for State lobbying
services with the Wilson Group, LLC in an annual amount of $42,000.
BACKGROUND: On November 27,2001, the City Council approved a 7-month contract for
State lobbying services with the Wilson Group, LLC. It was since amended a second time for a
one-year period ending June 30, 2004. At this time, based upon performance, it is the
recommendation of staff that the Council approve a new agreement for services with the Wilson
Group.
City Council and City Staff have met several times with Mr. Wilson and his staff in discussing
state policies and legislation that may adversely impact our community and has been very
satisfied with their performance to date. In addition, the Wilson Group 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 for the new City library construction. In addition, the Wilson
group has been working diligently to preserve the interest of the City of Temecula regarding
Indian gaming revenue, state highway relinquishment, 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 the Wilson Group, LLC for
three years, in order to allow them to remain committed to lobbying efforts on behalf of the City
of T emecula.
FISCAL IMPACT: Appropriate funding has been budgeted in the amount of $42,000 in the
FY 05/06 operating budget.
A IT ACHMENT(S): 1. State Lobbyist Agreement
2. Memo for proposed services
R:\AGREEMENTSIACTIVE AGREEMENTS\Wilson 2005 Agenda Report.doc
.;
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA AND
THE WILSON GROUP, LLC FOR CALIFORNIA STATE LOBBYIST SERVICES
THIS AGREEMENT is made and effective as of July 1, 2005, between the City of
Temecula, a municipal corporation ("City") and the Wilson Group, 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 , 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2008, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for three one (1) year
additionally. If contract is extended beyond the original term, contract price may 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. PAYMENT.
a. The City agrees to pay Consultant a monthly fee for these services upon receipt of
the signed agreement in the amount of $3,500 per month. This amount shall not exceed Forty two
thousand dollars ($42,000) 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 shali
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. Any additional work in excess of the contract payment amount shall
be approved by City Council.
c. Consultant will submit invoices monthly in accordance with the specifications
outlined in section 4a above. Invoices shall be submitted between the first and fifteenth business
day of each 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.
R:\Purchasing\AGREEMENTS.OS-06.M-Z\Wilson Group_ 2005 Final Agreement,doc 1
Updated June 13, 2005
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 entilled at law, in equity or under
this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
R:\Purchasing\AGREEMENTS.05-06.M-Z\Wilson Group_ 2005 Final Agreemenl.doc ..,
Updated June 1~ 2005
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) per accident for
bodily injury or disease.
R:\PurchasingIAGREEMENTS,Q5-06.M-Z\Wilson Group. 2005 Final Agreemenl.doc ':t
Updated June 13', 2005
(4) Professional Liability coverage: One million ($1,000,000) per
claim and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current 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.
1. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
A:\Purchasing\AGAEEMENTS.05-06.M-Z\Wilson Group. 2005 Final Agreement.doc II
Updated June 1:1,2005
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 byfailure
of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
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:\PurchasingIAGAEEMENTS.OS-06.M-Z\Wilson Group. 2005 Final Agreemenldoc .:;;
Updated June 13', 2005
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
T emecula, California 92589-9033
43200 Business Park Drive
Temecula, Califomia 92590
Attention: City Manager
To Consultant:
The Wilson Group, LLC
Bob Wilson, 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 Califomia 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 Agreernent, 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 otTemecula
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 T emecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
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.
R:\Purchasing\AGAEEMENTS,QS-06.M-Z\Wi!son Group. 2005 Final Agreement.doc h
Updated June 13: 2005
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
The Wilson Group, LLC
Bob Wilson, Legislative Advocate
1725 Capitol Avenue
Sacramento CA 95814
(916) 448-2187
FAX (916) 448-5346
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
R:\Purchasing\AGREEMENTS.05-06.M-Z\Wilson Group. 2005 Final Agreement.doc 7
Updated June 13, 2005
EXHIBIT A
TASKS TO BE PERFORMED
Government Affairs-Legislative Advocacy
I. Scope of Project
The following is the general outline of the work plan that the City is expecting from the selected
consultant
a. Develop strategies to successfully implement City's legislative program
b. Maintain personal contacts with committee chairs, Members and legislative staff to
anticipate legislation and to locate authors
c. Establishing relations between City Councilmembers and City staff
d. Represent the City of Temecula in meetings, or hearings with Senators or Assembly
members, the Governor's Office, State agencies, boards, commissions and other
legislative bodies, as well as testifying on behalf of the Temecula during any such
meetings.
e. Research and provide information to the City of Temecula on state laws or proposed
legislation, legislative hearings, reports and testimony, state regulations/policies, funding
opportunities for proposed projects and technical memoranda or reports impacting City
operations and/or decisions
f. Aggressively lobby on all issues directed by the City of Temecula, including proactively
searching for potential legislative vehicles relating to these issues and affecting the
outcome of these matters.
g. Provide the City with copies of bills (as introduced or amended) or proposals pertaining
to issues of concern/interest to Temecula, particularly those affecting or relating to the
City's legislative program. In addition, consultant shall provide the City with an analyses
and comments, along with all floor and committee analyses, of all relevant legislation.
h. Track all of the City's legislation through policy and fiscal committees, on the floors of the
Senate and Assembly, in conference committee (if any), past enrollment and onto the
Governor's desk.
i. Deliver letters as directed by the City to appropriate cornmittees and members of the
Legislature, as well as to executive departments and/or State officials.
J. Draft appropriate bill text and/or identification of appropriate legislative or administrative
vehicles (e.g. spot bills, budgeVtrailer bills, discretionary action at an agency level, etc.,)
to carry out the City's legislative goals.
k. Cooperate with the League of California Cities and The California Redevelopment
Association in their legislative efforts including attending the regular "City Representative"
briefings.
I. Visit the City of Temecula a minimum of two times annually to meet with staff and City
Council and at other tirnes when necessary.
m. Provide access to the website www.thewilsonqrOuD.com for additional research and
analyses
n. File necessary reports for the City of Temecula with the State's Fair Political Practices
Commission
R:\Purchasing\AGREEMENTS.05.06.M-Z\Wilson Group. 2005 Final Agreement.doc Q
Updated June 13', 2005
, .
.
EXHIBIT B
PAYMENT SCHEDULE
The City shall pay a monthly fee for these services upon receipt of the signed agreement in the
amount of $3,500.00/month. This amount shall not exceed forty two thousand dollars
($42,000) for the total term of the Agreement unless additional payment is approved as provided
in this Agreement. A $2,000 per year cap on expenses will be reimbursable for all ordinary &
reasonable expenses incurred on the City's behalf.
R:\Purchasing\AGREEMENTS.05-Q6.M-Z\Wilson Group_ 2005 Final Agreement.doc Q
Updated June 13",2005
THUE WJILSON GROUlP, LLC
BOB WJI_'iON
Lcglsl:1ll.cAdvt)(;,Jlt:
!~ltumC1( At taw
;\1cnlhc~. C:tl,lurnla Stout' Senate (I'('L)
"kmll<:r, California SI:lIC .uscmhly (rN.)
GOVERNMENTAL AFFAIRS - LEGISIATNE ADVOCACY
1725 CAPITOL A VliNUE
SACRAMENTO. CAl.IFORNIA 95814
(916) 448-2187 Fax (916) 448-5346
E-Maih lobby@lhcwilsongroup.com
Web Site: www.thewilsongroup.com
DAWSON MA11US
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WAUl P; P. UF,OUHU
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Member. t;aU(ornia Stale Senate (1"0,.'1.)
.\k'mbcr. California SllUC A,,~mbly (n:t.)
J F.RR\' SCRIBNER
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TIMOTHY F_ WARRINER
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MARC M. JOHNSON
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I>ANIliLLF. It HALL
l.llt1"huil"l'''dv.>('all:
June 9, 2005
Shawn Nelson, City Manager
Jim O'Grady, Assistant City Manager
Aaron Adams, Senior Management Analyst
City of Temecula
432 Business Park Drive
Temecula, CA 92589
RE: Contract Extension Proposal
Dear Shawn, Jim and Aaron,
Per Aaron's recent telephone call we are delighted to hear that the City is pleased with our work and would like
to renew the contract for our services preferably over more than one year.
We have been honored to represent Temecula and to have been able to successfully support many of the City's
goals. Foremost among them of course was helping you secure the $8.5 million State Library Grant under
extremely competitive conditions. We were also able to help with the contentious but ultimately successful
effort to secure passage of SB 87 (Hollingsworth) whereby the state relinquished State Route 79 to the City.
This included the final appearance by the City before the California Transportation Commission and their
approval.
The Rainbow lntertie was stopped and we got troublesome language amended out of Speaker Fabian Nunez's
energy bill (AB 2006) last session. That bill was eventually vetoed for other reasons but, as you know, that
battle continues. We are working hard this year to achieve acceptable amendments to SB 1059 on transmission
corridors and also closely monitoring this year's Nunez bill, AB 380.
This year on SB 427, Senator Hollingsworth's bill to reduce environmental delays on overpass widening
projects, we were brought into the fight a little too late to achieve the desired result for this year but we were
able to get the attention of the key committee members and staff and to bring SANDAG into the loop as an ally.
We hope to be able to make progress on that bill and that issue later this year.
.
We lobbied the administration on behalf of the Red Team's campaign to keep Solid State Stamping in Temecula
including meetings with legislators, the Governor's office staff, State Insurance Commissioner Garamendi and
others on behalf of worker's comp reform.
The state's interest in controlling local housing and land use decisions is a never ending struggle. You will
recall we and the League were helpful in defeating Senator Dunn's SB 744, 910 and 1609 last session. We
continue to closely monitor and oppose these bills proposing state infringement on local control of land use
planning.
We have also worked closely with the City Manager's staff on Indian gaming issues, Pierce's disease funding,
eliminating prevailing wage constraints on using volunteers on city projects and various other issues that have
or could have had a unique impact on Temecula.
Finally, we would be remiss if we did not mention the critical importance of bolstering the voice oflocal
government in the all important budget process. From the VLF to Propositions 65 and IA to Proposition 42 and
local transportation funding to retirement costs, nearly everything that happens in Sacramento affects local
government's ability to provide timely and effective services to its constituents. The Wilson Group on behalf of
Temecula has been in the forefront of those fighting to prevent the diversion oflocal revenue to state needs as
well as blocking proposals to have cities take on new duties imposed by but not funded by the state.
These and other state fiscal problems will become your problems if you and we fail to fight back every day in
every way.
We hope to continue to fight for Temecula as your lobbyists and would propose that for this year and next we
do so at the same rate you have been paying. For year three of a three year contract, we would propose for your
consideration a modest increase from $3,500 to $4,000 a month.
Sincerely,
Sen. Bob Wilson (ret.)
Brooks Ellison
Jerry Scribner
ITEM 13
AMENDED
MINUTE ACTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA
DATE:
July 31, 2007
MEETING OF:
June 28, 2005
AGENDA ITEM NUMBER: 13
SUBJECT:
AQreement for Federal Lobbvist Services with David Turch & Associates
The motion was made by Council Member Naggar, seconded by Council Member Roberts, to
approve staff recommendation.
RECOMMENDATION:
13.1 Approve a three-year contract for Federal legislative services to be provided by David
Turch & Associates in the amount of $40,200.
The Council approved an agreement with David Turch & Associates which
agreement provides for services for three years at $40,200 per year.
The motion carried by the following vote:
AYES: 5
COUNCIL MEMBERS:
Edwards, Naggar, Roberts, Washington,
Comerchero
NOES: 0
COUNCIL MEMBERS:
None
ABSENT: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
ABSTAIN: 0
None
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA)
I, Michaela A. Ballreich, Deputy City Clerk of the City of Temecula, California, DO HEREBY
CERTIFY, under penalty of perjury, the foregoing to be the official action taken by the City Council
at the above meeting
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 31st day of July, 2007.
Michaela A. Ballreich
Deputy City Clerk
[SEAL]
R/Minutes OrdersI07312007." .
':'1 .11"
"",, I ,', \
12 AQreement for State Lobbvist with Wilson Group. LLC - Approved Staff
Recommendation (5-0-0) MN/RR
RECOMMENDATION:
12.1 Approve a three-year contract for State lobbying services with the Wilson Group,
LLC in an annual amount of $42,000.
13 Aareement for Federal Lobbvist Services with David Turch & Associates - Approved
Staff Recommendation (5-0-0) MN/RR
RECOMMENDATION:
13.1 Approve a three-year contract for Federal legislative services to be provided by
David Turch & Associates in the amount of $40,200.
14 County of Riverside Sheriff Services Contract - Approved Staff Recommendation
(5-0-0) MN/RR
RECOMMENDATION:
14.1 Authorize approval of the law enforcement contract with the County of Riverside and
authorize the Mayor to execute the contract in final form.
15 Third Amendment to Citv ManaQer's EmDlovment Aoreement - Approved Staff
Recommendation (5-0-0) JC/ME
RECOMMENDATION:
15.1 Approve the Third Amendment to the Employment Agreement of the City Manager.
16 Purchase and Sale Aareement for DroDerty located in Old Town - Approved Staff
Recommendation (5-0-0) MN/RR
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 05-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED AT 41950 MAIN STREET (APN 922-044-004) IN THE
CITY OF TEMECULA
16.2 Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $240,000 for acquisition, escrow, closing costs, appraisal, testing, and
related fees.
R:\Agenda1062805
5
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Grant Yates, Assistant to the City Manager
DATE:
June 28, 2005
APPROVAL -
CITY ATTORNEY tJptf!iJ
DIRECTOR OF FINANCE }IJ{J j
CITY MANAGER VJ.4, r
17
SUBJECT: Agreement for Federal Lobbyist Services with David Turch & Associates
PREPARED BY:
Aaron Adams, 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 $40,200.
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 $3,350 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:
. Bus Shelters (FY 20/01)
. Murrieta Creek (Flood Control 1999)
. Murrieta Creek Flood Control Project (FY02/03)
. Old Town Joint Use Gymnasium (VAlHUD)
. Overland Bridge Overcrossing (TEA 21)
. Pala Road Improvement Project (FY 02103)
. Park & Ride (FY 04/05)
. Pierce's Disease (Agricultural Research Services)
. Pierce's Disease (House appropriations FY 20/01)
. Transit Center (FY 03/04)
. Transit Center (FY 04/05)
$ 200,000
$ 100,000
$ 1,000,000
$ 162,000
$ 3,750,000
$ 4,000,000
$ 48,589
$1,100,000
$ 2,000,000
$ 776,699
$ 388,711
FISCAL IMPACT: Appropriate funding has been budgeted in the amount of $40,200 in the
FY 05/06 operating budget. !
ATTACHMENT(S): David Turch & Associates Contract
David Turch & Associates Memo for Proposed Services
R:\AGREEMENTSIACTIVE AGREEMENTS\Turch 2005 Agenda Report.doc
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA AND
DAVID TURCH & ASSOCIATES FOR FEDERAL LOBBYIST SERVICES
THIS AGREEMENT is made and effective as of July 1,2005, between the City of Temecula,
a municipal corporation ("City") and David Turch & Associates ("Consultanf'). 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, 2005, and shall remain and
continue in effect until tasks described herein are completed, but in no event later than June 30,
2008, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for one (1) year additionally. If contract
is extended beyond the original term, contract price may 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. PAYMENT. The City agrees to pay Consultant a monthly fee for these services upon
receipt of the signed agreement in the amount of $3,350 per month. This amount shall not exceed
Forty thousand and two hundred dollars ($40,200) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
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.
Any additional work in excess of the contract payment amount shall be approved by City Council.
Consultant will submit invoices monthly in accordance with the specifications outlined in section 4a
above. Invoices shall be submitted between the first and fifteenth business day of each 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.
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.
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. 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.
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 entilled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS. 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.
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 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, a non-owned auto
endorsement to the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of California and Employer's
Liability Insurance. If the Consultant has no employees while performing under this Agreement,
worker's compensation insurance is not required, but Consultant shall execute a declaration that it
has no employees.
(4) Professional Liability Insurance shall be written on a policy form providing professional
liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California; Employer's Liability:
One million dollars ($1,000,000) per accident for bodily injury or disease.
(4) Professional Liability coverage: One million ($1 ,000,000) per claim and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City Manager. At the option of the City Manager, either the insu rer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; orthe Consultant shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be covered as insured's as
respects: liability arising out of activities performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, officials, employees or
volunteers.
(2) For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of
the Consultant's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officers, officials, employees or
volunteers.
(4) The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state that coverage shall
not be suspended, voided, canceled by either party, reduced in coverage or in limits except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
e. 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. 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.
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. 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.
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:
Mailing Address:
City of Temecula
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
David Turch and Associates
517 2nd Street, Northeast
Washington D.C. 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
terrnination of this Agreement, Consultant's sole compensation shall be paymentfor actual services
performed up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
16. GOVERNING LAW. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee
of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors
on this project. Contractor further agrees to notify the City in the event any such interest is
discovered whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
David Turch
David Turch and Associates
517 2nd Street, Northeast
Washington DC 20002
(202) 543-3744
By:
Name:
Title:
EXHIBIT A
TASKS TO BE PERFORMED
Government Affairs-Legislative Advocacy
I. Scope of Project
City hereby engages the services of Consultant to advise, counsel and representTemecula with,
principally but not limited to, its affairs with the Legislative and Executive Branches of the
Federal Government.
Consultant hereby agrees to faithfully and to the best of its ability, promote and represent
Temecula and its interests with, principally but not limited to, the advancement of federal
legislative proposals, grants and funding sources fortransportation, economic development and
emergency preparedness which could have a substantial impact on T emecula or the conduct of
its operations.
It is further understood and expected, that from time to time, or on a continuing basis, other
tasks, whether general or specific, may be requested and performed by the mutual consent of
the parties. Adjustments to the compensation schedule, if any, for such other tasks shall be
mutually agreed to by the parties on a case by case basis.
A:\Purchasing\David Turch.2005.Final AgmYIt.doc
8
Updated June 13, 2005
, .
EXHIBIT B
PAYMENT SCHEDULE
The City shall pay a monthly fee for these services upon receipt of the signed agreement in the
amount of $3,350/month. This amount shall not exceed forty thousand two hundred dollars
($40,200) for the total term of the Agreement unless additional payment is approved as provided in
this Agreement.
R:\Purchasing\David Turch.2005.Final Agrmnl.doc
9
Updated June 13.2005
7Javid Jurch and ~ssociates
TO:
Shawn Nelson
Aaron Adams
FROM:
Marilyn Campbell
DATE:
June 7, 2005
RE:
Agreement for Consultant Services
David Turch and Associates has been an effective advocate in advancing the City of Temecula's
federal agenda in Washington, D.C. We hope that we have earned your trust and confidence.
Our agreement with the City for consultant services expires on June 30, 2005. We would like to
renew the agreement effective July 1,2006 at an annual rate of $40,200.
Below is a list of federal funding the City has secured over the past year:
· $500,000 for the Temecula Park and Ride Project in the FY 2005 transportation
appropriations bill
· $1 million for the Interstate IS and Winchester Road Interchanges Project in the House-
passed Transportation Equity Act - A Legacy for Users (TEA-LV)
· $2 million for the Interstate IS and State Route 79 South Freeway Interchange and Ramp
Improvements in TEA-LU
We continue to work this year on TEA-21 reauthorization legislation. The Transportation Equity
Act for the 21 st Century (TEA-21), the six year authorizing bill for major transportation projects,
expired on September 30, 2003. During the last session of Congress, the House and Senate were
unable to work out their differences and finalize a reauthorization bill for the President's
signature. Subsequently, Congress has passed seven stopgap measures to extend the deadline.
The latest extension expires on June 30.
517 2nd STREET, NORTHEAST, WASHINGTON, D.C. 20002
(202) 543.3744
This year, the House passed its reauthorization bill (TEA-LV) on March 10. The bill authorizes
spending of $284 billion through FY 2009 for highway construction, public transit and road
safety measures. The Senate passed its TEA-2l reauthorization legislation on May 17. The
Senate bill authorizes spending of $294.2 billion, an $11.2 billion increase over the House bill.
The next step is a House/Senate conference to work out the differences between the two
measures. Congressional leaders have indicated they would prefer key negotiators first come to
agreement on an overall spending level, then iron out the other differences between the two bills.
Additionally, we are pursuing federal funding this year (FY 2006) in annual appropriations
legislation on behalf of the City for the following proposed transportation projects and an
economic development project:
· French Valley Parkway Overcrossing and Interchange Project ($5 million request)
· I-IS/State Route 79 South Ultimate Interchange Project ($2 million request)
· Temecula Park and Ride ($750,000 request)
· Temecula Educational Complex ($400,000 request to fund classroom amenities for the
colleges)
It has been a pleasure to work with the City of Temecula over the past several years. We look
forward to a continued successful relationship.
,
ITEM 14
APPROV AL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jim Domenoe, Chief of Police
DATE: June 28, 2005
SUBJECT: County of Riverside Sheriff Services Contract
PREPARED BY: Heidi Schrader, Management Analyst
RECOMMENDATION:
That the City Council:
1. Authorize approval of the law enforcement contract with the County of Riverside and
authorize the Mayor to execute the contract in final form.
BACKGROUND: The City of Temecula has contracted with the County of Riverside
Sheriffs Department for law enforcement services since incorporation. The new contract with the
Sheriff's Department will add five sworn officers. This will bring the total number of sworn officers to
96 and will increase the ratio of sworn officers to population from one officer for every 945 residents
to one officer for every 943.
On April 26, 2005, the City Council approved a contract amendment for an additional three patrol
and 2 motorcycle officer positions in anticipation of the Redhawk annexation. The following
modifications are included in the new 2005 contract in order to meet the needs of our growing City
population and to ensure sufficient staffing to provide appropriate response times to calls for service.
. Four patrol officers.
. One School Resource Officer.
. Two Community Service Officers to staff the new Promenade Mall Police Storefront.
This addition of personnel will increase the total number of sworn officers from 91 to 96.
FISCAL IMPACT: $16,811,392 has been included in the fiscal year 2005-2006 Police
Department operating budget to cover these staffing and other related costs.
ATTACHMENT:
Agreement for Law Enforcement Services.
ORIGINAL
'13
AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF TEMECULA
AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT is made and entered into by and between the CITY OF
TEMECULA, hereinafter "City," and the COUNTY OF RIVERSIDE, on behalf of the Riverside
County Sheriffs Department, hereinafter "County."
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
1.1 Effective Dates. This Agreement shall be effective from July I, 2005 through June
30,2010.
1.2 Renewal. In the event City desires to terminate this Agreement at the end of any
current five (5) year period, the City Council, not later than twelve (12) months preceding the
expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of
Supervisors that it wishes to terminate the same; otheIWise, this Agreement shall be automatically
renewed for an additional five (5) year period at the level of service then currently in effect. As a
matter of convenience to the parties hereto, and in order to facilitate continuity of the law
enforcement services provided to City, the parties may mutually approve and ratify any automatic
renewal of this Agreement retroactively to the effective date of such automatic renewal.
1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either
party may terminate this Agreement as of the beginning ofthe first day of July of any year upon
notice in writing to the other party of not less than twelve (12) months prior thereto.
2. SCOPE OF SERVICE
2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police
protection within the corporate limits of City to the extent and in the manner hereinafter set forth.
The services shall encompass duties and functions of the type falling under the jurisdiction of and
customarily rendered by a police department of the City under State statutes. Such services shall
include the enforcement of State statutes and the City codes and ordinances. Services shall also
include traffic enforcement and related services to the extent possible given the size of the force
provided for in this Agreement. County agrees to provide all investigative support necessary to
complete criminal investigations conducted hereunder.
1
2.2 California Identification Svstern (CAL-ill) and Records Management SYStem ffiMS) City
agrees as a condition of receiving services hereunder to participate in CAL- ill and RMS under the
terms and conditions set forth in this Section.
2.2A Definitions. For purposes of this agreement the following definitions shall apply:
a) Records Management System (RMS) Functions shall mean the software functions
provided to City by County, which are supplied by the RMS. These functions shall
include inquiry and case entry into the RMS, access to the Master Name Index,
Warrant and Master Location Index and Jail Locator databases.
b) The California Law Enforcement Telecommunications System Access (CLETS)
shall mean that access to the Department of Justice computers provided by County
to City.
c) Work Station shall mean those County devices and software which are used by
City to access RMS functions and the CLETS.
d) LA WNET shall mean the County=s law enforcement telecommunications network
consisting of County provided data circuits, digital service units, routers, hubs and
other County provided hardware and software that is used by City to connect work
stations to RMS services as defined below.
e) County Services shall mean the collective hardware and software, LA WNET,
work stations, RMS functions and CLETS.
2.2B Scope ofRMS Services. County agrees to provide to City fuil access to the RMS and
CLETS systems. CLETS access will be provided within the scope of the CLETS access rules and
regulations as established by the California State Department of Justice.
2.2C Provision of RMS Supervision. Labor and Equipment. Supervision over the
provision of County Services, the standards of performance and other matters incident to the
performance of such services, shall remain with County. Security ofthe host system and control of
LA WNET shall remain with County. The County shall furnish all labor and equipment for the host
system necessary to maintain the level of service rendered hereunder. In the event City chooses to
provide PC-based equipment for services defined herein, the equipment must be configured in
accordance with County specifications. Further, City shall not alter the configuration of any PC-
based equipment used to provide services herein without the permission of Sheriffs Information
Technology Officer.
2.2D Compensation.
a) Payment Basis. City shall reimburse County the cost of rendering services at
2
rates established by the County Board of Supervisors. These rates shall include
all items of cost and expense to the Sheriff for providing this service, and shall be
adjusted periodically to reflect changes in the cost of service provision. City shall be
notified of any change in the rates to be charged City prior to submittal of the proposed
change to the County Board of Supervisors for adoption, and City shall be given
the opportunity to review the proposed change with County personnel. City shall,
thereafter, be notified of adoption by County of the rates to be charged City, and said
new rates shall take effect on the same date as County incurs the associated costs.
b) Payment Remittance. County shall provide to City an itemized quarterly
statement ofthe costs for services being charged for said quarter. City shall remit
payment to the invoicing department within thirty (30) days after receipt of such
billing.
3. LEVEL OF SERVICE
3.1 Level of Service Specified. County shall provide law enforcement services at the
level specified in Attachment A, attached hereto and incorporated herein by this reference.
3.2 Variation in Level of Service. Variation in the level of service shall be made by
amendment, as provided for in Section 10 of this Agreement, and under the following terms:
If City requests an increase in the level of service to be provided under this Agreement,
County agrees to provide such increased level of service as soon as is practicable, consistent with
the ability of the Sheriff to do so.
If City elects to reduce the level of service provided herein by ten percent (10%) or
greater, City must give notice in writing to County not less than twelve (12) calendar months prior
to the effective date of such reduction. If City elects to reduce the level of service provided herein
by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as
it is practicable. The level of service, however, may not be reduced to below the minimum level,
as determined by County, required to ensure public and officer safety.
4. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT
4. I Supervision. Supervision over the rendition of law enforcement services, the
standards of performance, the discipline of officers, and other matters incident to the performance
of such services and the control of personnel so employed, shall remain with County.
4.2 Labor and Equipment. For the purpose of performing said services, County shall
furnish and supply all labor, supervision, equipment, communication services, and supplies
necessary to maintain the level of service to be rendered hereunder. Location ofthe above will
not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that
3
in all instances where specific equipment used solely to support specialized enforcement activities
within the City not normally provided by the Sheriff is to be used, or where special supplies,
stationery, notices, forms, and the like related to law enforcement are to be issued in the name of
City, such equipment and materials shall be supplied by City at its own cost and expense. Any
such special equipment or materials so purchased by City shall meet with the Sheriffs
specifications, shall remain within the City limits, and ownership title thereto shall remain with
City.
4.3 Citv-Owned Motorcvcles and Vehicles. In the event City chooses to provide
motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall
meet minimum specifications furnished by County, shall be adequately equipped and ready for
use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel,
licensing, and any and all expenses associated with use ofthe vehicle for the provision of services
hereunder, which is inclusive of responsibility for any and all cost for physical damage to the
City-owned motorcycles or vehicles. However, County shall be responsible for the cost of all
third party liability caused ]:>y the operation ofthe City-owned motorcycles or vehicles, including
the property damage caused by the negligence or wrongful acts of County officers and employees
while operating City-owned motorcycles and vehicles. Motorcycles and vehicles owned by City
shall be used only for City-approved functions.
4.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the
vehicles in an amount equal to the replacement value of all vehicles provided to the County under
this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments,
Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors,
elected and appointed officials, employees, agents, or representatives as Additional Insureds.
Such insurance may be provided through a program of self-insurance.
General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A.M. BEST rating of not less than
an A: vm (A: 8) unless such requirements are waived, in writing, by the County
Risk Manager. If the County's Risk Manager waives a requirement for a particular
insurer such waiver is only valid for that specific insurer and only for one policy
term.
b. The Contractor shall cause their insurance carrieres) to furnish the County
of Riverside with I) a properly executed original Certificate(s) of Insurance and
certified original copies of Endorsements effecting coverage as required herein;
or, 2) if requested to do so orally or in writing by the County Risk Manager,
provide original Certified copies of policies including all Endorsements and all
attachments thereto, showing such insurance is in full force and effect. Further,
said Certificate(s) and policies of insurance shall contain the covenant of the
insurance carrier(s) shall provide no less than thirty (30) days written notice be
4
given to the County of Riverside prior to any material modification or cancellation
of such insurance. In the event of a material modification or cancellation of
coverage, this Agreement shall terminate forthwith, unless the County of
Riverside receives, prior to such effective date, another properly executed original
Certificate of Insurance and original copies of endorsements or certified original
policies, including all endorsements and attachments thereto evidencing
coverage's and the insurance required herein is in full force and effect.
Individual(s) authorized by the insurance carrier to do so on its behalf shall sign
the original endorsements for each policy and the Certificate of Insurance.
Contractor shall not commence operations until the County of Riverside has been
furnished original Certificate (s) of Insurance and certified original copies of
endorsements or policies of insurance including all endorsements and any and all
other attachments as required in this Section.
c. It is understood and agreed by the parties hereto and the Contractor's
insurance company( s), that the Certificate( s) of Insurance and policies shall so
covenant and shall be construed as primary insurance, and the County's insurance
and/or deductibles and/or self-insured retentions or self-insured programs shall not
be construed as contributory.
5. EMPLOYMENT STATUS OF PERSONNEL
5.1 EmoloYment Status. Any person employed by County for the performance of services
and functions pursuant to this Agreement shall remain employees of County on special
assignment to City for the purposes of this Agreement, and shall not be considered employees of
City. No such County employee shall have any entitlement to compensation, workers'
compensation coverage, pension, or civil service benefits from City.
5.2 Labor Shortage. In the event ofa work slow-down, strike, or any other form of job
action by those individuals assigned to City, County agrees to provide only that level of service
which maybe available through mutual aid, pursuant to Government Code Section 8615, et seq.
City shall be billed only for the actual hours of service received.
6. COMPENSATION
6.1 PaYment Basis. City shall reimburse County the cost of rendering services hereunder
at rates established by the County Board of Supervisors, which rates shall include all items of cost
and expense to the Sheriff for providing the services hereunder. "Cost" as used herein shall not
include items of expense attributable to services normally provided or available to all territory
within the County as part of County's obligation to enforce State law. In addition to any other
fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an
invoice from County, a criminal justice administrative fee consistent with Government Code
Section 29550 with respect to arrests made by County employees pursuant to this Agreement just
5
as if such arrests had been made by City employees. Pursuant to Government Code Section
51350, County shall not charge City for services it would provide to any city in the County free of
charge. These services, which are provided at the discretion of County, could typically include
the services of the Sheriffs Special Investigations Bureau, Emergency Services Team, Canine
Unit, and Aviation Unit.
6.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically,
but not more than once each fiscal year, to reflect any changes in the cost to County for providing
services hereunder. City shall be notified of any change in the rates to be charged City prior to
submittal of the proposed change to the County Board of Supervisors for adoption, and City shall
be given the opportunity to review the proposed change with County personnel. City shall,
thereafter, be notified of adoption by County of the rates to be charged City, and said new rates
shall take effect on the same date as County incurs the associated costs. Should City, subsequent
to a rate adjustment, choose not to appropriate or expend any additional monies needed to support
the level of service theretofore supplied, County reserves the right to reduce the level of service in
accordance with the amount City is willing to expend.
6.3 Payment of Costs. County, through the Sheriffs Department, shall provide to City
within 30 days of the conclusion of each calendar month an itemized statement of the costs for
services being charged for said month. City shall remit payment to the invoicing department
within 30 days after receipt of such statement. If such payment is not received by the County
within thirty (30) days after rendition of billing, County may satisfY such indebtedness from any
funds of the City on deposit with County without giving further notice to the City of County's
intention to do so, or may use any other remedy provided by law.
6.4 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to
the level of service described herein, there will be an associated field training cost for each
additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16)
weeks of training on a one-time basis for each additional Deputy position. Said cost will be
charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors.
Billing will be provided within 30 days of the Board of Supervisors approval of any new
positions. Field training costs will not apply to supervisory or classified positions added to the
level of service.
7. INDEMNIFICATION AND HOLD HARMLESS
7.1 Indemnification bv Citv. City shall indemnifY and hold County, its officers, agents,
employees and independent contractors free and hannless from any claim or liability whatsoever,
based or asserted upon any act or omission of City, its officers, agents, employees, volunteers,
subcontractors, or independent contractors, for property damage, bodily injury or death, or any
other element of damage of any kind or nature arising out of the performance of this Agreement to
the extent that such liability is imposed on County by the provisions of California Government
Code Section 895.2 or other applicable law, and City shall defend at its expense, including
6
attorney fees, County, its officers, agents, and employees and independent contractors in any legal
action or claim of any kind based upon such alleged acts or omissions.
7.2 Indemnification bv County. County shall indemnify and hold City, its officers,
agents, employees and independent contractors free and hannless from any claim or liability
whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees,
volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death,
or any other element of damage of any kind or nature arising out of the performance of this
Agreement to the extent that such liability is imposed on City by the provisions of California
Government Code Section 895.2 or other applicable law, and County shall defend at its expense,
including attorney fees, City, its officers, agents, employees and independent contractors in any
legal action or claim of any kind based upon such alleged acts or omissions.
8. MEMORANDA OF UNDERSTANDING
If requested by City or by County, a memorandum of understanding will be entered into by
and between City (or its administrative designee) and County (or its administrative designee) with
respect to any question relating to the provision of services under this Agreement. Such
memorandum shall set forth the questions raised and such terms and conditions as have been
agreed upon between City and County in resolution of the question. The intent and purpose of
such memorandum shall be to implement, interpret, or clarify one or more provisions of this
Agreement. No such memorandum shall have the effect of altering any of the provisions of this
Agreement, unless executed in the form of an Amendment as provided for under Section 10 of
this Agreement. In the event of any inconsistency between the terms of such memorandum and
the terms of this Agreement, the terms of this Agreement shall govern.
9.
ADMINISTRATION
.
The City Manager of City shall administer this Agreement on behalf of City, and the
Sheriff shall administer this Agreement on behalf of County.
10. ALTERATIONOFTERMS
No addition to, or alteration of, the terms ofthis Agreement, whether by written or verbal
understanding of the parties, their officers, agents, or employees, shall be valid unless made in the
form of a written amendment to this Agreement which is formally approved and executed by both
parties.
11. NOTICES
Any notices required or desired to be served by either party upon the other shall be
addressed to the respective parties as set forth below:
7
County
City
Bob Doyle, Sheriff
Riverside County Sheriff's Department
Post Office Box 512
Riverside, California 92502
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties.
An information copy of any notice to County shall also be sent to:
Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1st Floor
Riverside, California 92501
12. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
13. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that
degree of care and skill ordinarily exercised under similar circwnstances by law enforcement
officers in performance of the duties required by this Agreement.
14. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event
any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this
Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.
"
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8
15. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their
understanding with respect to the subject matter hereof and as a complete and exclusive statement
of the terms and conditions thereof and supersedes any and all prior and contemporaneous
agreements and understandings, oral or written, in connection therewith.
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 subscribed by the Chairman of said Board and sealed and attested by the
Clerk of said Board, all on the dates indicated below.
CITY OF TEMECULA
Dated:
By:
Mayor
ATTEST:
Name
Title
By:
COUNTY OF RNERSIDE
Dated:
By:
Chairman, Board of Supervisors
ATTEST:
Nancy Romero
Clerk of the Board
By:
Deputy
9
i
FORM APPROVED COUNTY COUNSEL
JUN ~5
BY ItA
A IT ACHMENT A
CITY OF TEMECULA
LEVEL OF SERVICE
Average Patrol Services
170.7 supported hours per day. (Approximate equivalent of thirty-one (35) Deputy
Sheriff positions @ 1,780 annual productive hours per position standard.)
Dedicated Positions
One (l) Sheriff s Lieutenant
Two (2) Sheriff's Sergeant positions
Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team
Ten (10).Deputy Sheriff (fully supported) positions-Community Policing Team
Eighteen (18) Deputy Sheriff (fully supported) positions- TrafficlMotorcycle Team
One (I) Deputy Sheriff (fully supported) position-K-9 Deputy
One (I) Deputy Sheriff (fully supported) Southwest Corridor Task Force
Four (4) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round)
Thirteen (13) Community Service Officer II positions
One (I) Community Service Officer I position
ITEM 15
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Peter M. Thorson, City Attorney
DATE: June 28, 2005
SUBJECT: Third Amendment to City Manager's Employment Agreement
RECOMMENDATION: That the City Council approve the Third Amendment to the Employment
Agreement of the City Manager
BACKGROUND: Shawn Nelson has served as the City Manager for the City of Temecula
since January 4, 1999. His Employment Agreement was first approved by the City Council on
July 27,1999 and amended on August 8,2000 and again on July 9,2002.
The Third Amendment would make the following changes in Mr. Nelson's Employment
Agreement:
(1) Effective July 1, 2005 the annual base salary will be increased to $180,000 with a
$20,000 increase on July 1 each succeeding year through 2008, plus the annual cost
of living adjustment currently provided in the Employment Agreement;
(2) The term of the Employment Agreement will be extended through June 30, 2010;
(3) Severance pay will be increased from nine months to twelve months; and
The maximum amount of cumulated Comprehensive Annual Leave (sick days, vacation,
and administrative leave) will be increased from 840 hours to 1040 hours
FISCAL IMPACT: $20,000 per year through 2008 for the annual base salary increases plus cost of
living increases. An additional 200 hours of salary for the increased CAL time, depending on
whether the full amount of CAL time is accumulated.
ATTACHMENT:
1. Third Amendment to City Manager's Employment Agreement
2. City Manager's Original Employment Agreement
3. First Amendment to City Manager's Employment Agreement
4. Second Amendment to City Manager's Employment Agreement
R:/Agenda Reports/3m Amend City Mgr Employ Agree 7 28 1
THIRD AMENDMENT TO
EMPLOYMENT AGREEMENT
THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT ("Third
Amendment") is made and entered into as of June 28, 2005, by and between the City of .
Temecula, a California municipal corporation ("City"), and Shawn D. Nelson, an
individual ("Employee").
RECtT ALS
A. On July 27, 1999, City and Employee entered into an Employment
Agreement describing the terms and conditions of Employee's employment with City as
its City Manager ("Original Agreement").
B. On August 8, 2000, City and Employee entered into the First
Amendment to City Manager's Employment Agreement ("First Amendment") modifying
certain of the terms of the Original Agreement.
C. On July 9, 2002, City and Employee entered into the Second
Amendment to City Manager's Employment Agreement ("Second Amendment")
modifying .certain of the terms of the Original Agreement, as amended. (The Original
Agreement as amended by the First Amendment and the Second Amendment is
collectively referred to as the "Agreement" in this Third Amendment.)
D. The parties now desire to extend the term of the Agreement and to
modify certain terms and conditions of employment.
Now, THEREFORE, in consideration of the mutual obligations in this Third
Amendment and the Agreement the parties agree as follows and intend such agreement as
the fulfillment of and controlling over any statement in the preceding recitals:
1.
follows:
Section 2 of the Agreement is hereby amended to read in its entirety as
"2. Term. The term of this Agreement shall be through and
including June 30, 2010, unless sooner terminated as provided in this
Agreement, including any amendments."
2. The first sentence of Section 3, Paragraph B, of the Agreement is hereby
amended to read in its entirety as follows:
"B. In the event Employee is terminated by the City Council
and upon the expiration of the term of this Agreement without renewal,
City agrees to pay Employee a terminating cash payment equal to twelve
(12) months of Employee's monthly salary, except as otherwise provided
in this section."
825600.1 6/17/05
I
Subparagraphs A, B(1), B(2), B(3), C, D, and E of Section 3 are not modified by
this Third Amendment and remain in full force and effect.
3. Subsections A, B, and C of Section 4 of the Agreement are hereby
amended to read in its entirety as follows:
"4. Salary.
A. Effective as of July 1, 2005, City agrees to pay Employee for the
services required by this Agreement, an annual base salary of one hundred eighty
thousand dollars ($180,000.00) ("annual base salary") plus the cost of living
adjustment and benefits as otherwise provided in this Agreement, payable on
City's regular paydays and benefit payment dates.
B. Effective as of July 1, 2006, City agrees to increase Employee's
annual base salary by the sum of twenty thousand dollars ($20,000.00) and
Employee shall receive the revised annual base salary plus the cost of living
adjustment and benefits as otherwise provided in this Agreement, payable on
City's regular paydays and benefit payment dates.
C. Effective as of July 1, 2007, City agrees to increase Employee's
annual base salary by the sum of twenty thousand dollars ($20,000.00) and
Employee shall receive the revised annual base salary plus the cost of living
adjustment and benefits as otherwise provided in this Agreement, payable on
City's regular paydays and benefit payment dates. Effective as of July 1, 2008,
City agrees to increase Employee's annual base salary by the sum of twenty
thousand dollars ($20,000.00) and Employee shall receive the revised annual base
salary plus the cost of living adjustment and benefits as otherwise provided in this
Agreement, payable on City's regular paydays and benefit payment dates."
Subsections D and E of Section 4 are not modified by this Third Amendment and remain
in full force and effect.
4. Section 6.C. of the Agreement is hereby amended to read as follows:
"C. Employee's cumulated Comprehensive Annual Leave shall be
subject to a maximum of one thousand forty (1040) hours. Except as
specifically provided in this subparagraph, Employee's Comprehensive
Annual Leave shall otherwise be subject to the same terms, conditions,
limitations, and restrictions as apply to other members of the Executive
Management Group."
5. Except as otherwise provided in this Third Amendment, this Third
Amendment shall be effective on and after July 1, 2005. The original term of the
Agreement, not withstanding, this Third Amendment shall have the effect of continuing
the Agreement without interruption.
825600.1 6/17/05
2
6. This Third Amendment, together with the Agreement, constitutes the
entire agreement between the parties pertaining to the subject matter thereof, and any and
all prior or contemporaneous agreements, understandings, representations and statements,
oral or written, are merged into this Third Amendment together with the Agreement and
shall be of no further force or effect.
7. Except as otherwise provided in this Third Amendment, all other terms of
the Agreement remain in full force and effect.
[Signatures on Following Page]
825600.1 6/17/05
3
IN WITNESS WHEREOF the parties have executed this Second Amendment, as of
the day and year first written above.
CITY OF TEMECULA
By:
Jeff Comerchero
Mayor
Attest:
Susan Jones, CMC
City Clerk
Approved as to Form:
Peter M. Thorson
City Attorney
EMPLOYEE
Shawn D. Nelson
825600.1 6/17/05
4
" )
,
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered
into as of August 24, 1999, by and between the CITY OF TEMECULA, a California
Municipal Corporation ("City"), and SHAWN D. NELSON, an individual, ("Employee").
RECITALS
A. City desires to engage the services of Employee, and Employee desires
to accept employment as City Manager of the City of Temecula.
B. The City Council desires to encourage the highest standards of fidelity
and public service on the part of Employee.
D. The Parties desire to provide a reasonable degree of employment security
during the term ofthis Agreement, while providing a just means for terminating Employee's
services, should cause exist.
E. The parties further desire to establish certain benefits and certain
conditions of Employee's employment.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained the parties agree as follows:
1. Duties.
A. City agrees to employ Employee as City Manager of City to
perform the functions and duties specified in the Temecula Municipal Code and the California
Government Code and to perform such other legally permissible and proper duties and
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functions as may be assigned from time to time. Employee shall not consult or engage in other
non-City connected business without the prior knowledge and express written approval of the
City Council, provided, however, Employee shall be permitted to instruct, write, teach and
lecture on Employee's time off.
2. Term. This Agreement is effective for a term of three (3) years
commencing July 27, 1999 and continuing through and including July 26, 2002, unless sooner
terminated as provided in this Agreement..
3. Termination and Resignation.
A. Employee is an at-will employee serving at the pleasure of the
City Council, subject to the terms of this Agreement. City Council may terminate this
Agreement and Employee's employment as City Manager at any time without notice and with
or without cause and Employee shall be entitled to only the compensation accrued up to the
date of termination and the termination pay described in this Section. Termination shall
require the affirmative votes of three Councilmembers.
B. In the event Employee is terminated by the City Council and
upon the expiration of the term of this Agreement without renewal, City agrees to pay
Employee a terminating cash payment equal to six (6) months of Employee's monthly salary,
except as otherwise provided in this section.
(1) In the event Employee is terminated because of his conviction of
a felony or the filing of a criminal charge against him alleging a felony which
subsequently results in his conviction of a felony (including a plea of nolo contendre
thereto), then City shall not be obligated to pay the terminating cash payment
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designated in this Section. If Employee is terminated by City following the filing of
such charges, and pending a final judgment or disposition of the charge, City shall
deposit the termination pay in an interest bearing trust account in a bank doing business
within the City of Temecula until final judgement is rendered or disposition of the
charges is made.
(2) Said terminating cash payment may be taken by Employee, at his
option, (1) upon the date of termination, (2) as a lump sum on January 1 of the year
following termination, or (3) in monthly payments equal to his monthly salary prior to
termination beginning on the date of termination.
(3) City agrees to keep in full force and effect and pay premiums of
all Employee's health and life insurance plans, disability insurance and retirement
contributions until all termination payments are made.
C. In the event the City Council, at any time during the term of this
Agreement, reduces the Employee's salary or any other financial benefits in a greater
percentage than an applicable across-the-board reduction for Executive Management Group
employees of the City, or fails to increase Employee's salary or any other financial benefits
consistent with increases granted Executive Management Group employees, or in the event the
City Council refuses, following written notice, to comply with any other provision benefitting
Employee herein, then, Employee may, at his option, be deemed "terminated" effective as of
the date of such action by the City Council.
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D.
Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of Employee to resign at any time from his position with City, subject
only to Employee providing sixty (60) days prior written notice to the City.
E. Notwithstanding the above, it is also understood and agreed that
the Employee shall be retained a minimum of six (6) months following any municipal election
at which a councilmember is elected to the Council, thereby allowing the new City Council
adequate time to assess the Employee's performance. If Employee is terminated at the end of
this six month period following such an election, the termination pay provisions of this Section
shall apply.
4. Salarv. City agrees to pay Employee for the services required by this
Agreement an annual base salary of one hundred ten thousand dollars ($110,000.00), salary
additives, and benefits for his services rendered pursuant to this Agreement, payable on the
City's regular paydays and benefit payment dates. The City agrees to increase Employee's
annual base salary and benefits in such a percentage and to such extent as the City Council
approves for other Executive Management Group employees of the City. In the event City
grants different salary increase amounts to different classifications within the Executive
Management Group, Employee shall receive at least the overall average of the increases
provided to all members of the Executive Management Group. Employee shall receive such
increases without the necessity of amending this Agreement. In addition, the City shall pay
Employee a salary additive of seven and twenty eight one hundredths percent (7.28 %) of his
base annual salary which shall be deposited into a deferred compensation plan of his choice
pursuant to Government Code Section 19993.
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5. Performance Evaluation.
A. The City Council shall review and evaluate the performance of
Employee annually after the adoption of the annual operating budget. Said review and
evaluation shall be in accordance with specific criteria developed jointly by the city Council
and Employee. Said criteria may be added to or deleted from as the City Council may from
time to time determine after consultation with Employee. The Mayor shall provide Employee
with a summary written statement of the finding of the City Council and provide an adequate
opportunity for Employee to discuss his evaluation and compensation with the City Council.
B. Annually, the city council and Employee shall define such goals
and performance objectives which they determine necessary for the property operation of the
City, and in the attainment of the City council' policy objectives and shall further establish a
relative priority among those various goals and objectives, said goals and objectives to be
reduced to writing. They shall generally be attainable within the time limitations as specified
and the annual operating and capital budget appropriations provided.
6. Hours of Work. Leaves. and Holidavs.
A. Employee's duties may involve expenditures of time in excess of
eight (8) hours per day, forty (40) hours per week, and may also include time outside normal
office hours such as attendance at City Council and other meetings. Employee shall be exempt
from paid overtime compensation.
B. Except as otherwise provided in this Agreement, Employee shall
receive such retirement, insurance and other fringe benefits as are provided in the benefits
package for employees in the Executive Management Group employees.
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C. Employee shall be credited with 132 hours of Comprehensive
Annual Leave time as of August 1, 1999. Employee's Comprehensive Annual Leave shall
otherwise be subject to the same terms, conditions, limitations and restrictions as apply to
other members of the Executive Management Group.
D. Employee shall be entitled to such paid holidays and leaves as are
provided to employees in the Executive Management Group. Accordingly, Employee shall not
be entitled to any additional salary or compensation for working on a holiday.
E. Employee shall be credited with eighty (80) hours of
Administrative Leave as of July 1 of each year, beginning July 1, 1999. Unused
Administrative Leave balances shall be paid to Employee upon termination of employment at
the Employee=s then current salary.
F. Except as otherwise provided in this Agreement, Employee's
seniority for the purposes of calculating accrual of leaves shall be as if he entered service on
January 4, 1999 with ten (10) years of service. The maximum accrual of the leaves described
in this section shall be an amount equal to one and one half (1.5) time the maximum accrual of
leaves allowed for members of the Executive Management Group.
7. Automobile. Employee's duties require that he shall have the exclusive
and unrestricted use of a vehicle at all times during his employment with the City. Therefore,
Employee shall be provided with a City vehicle for his use and City shall be responsible for
paying all liability , property damage and comprehensive insurance and for the purchase,
operation, maintenance, repair and regular replacement of said vehicle. Employee shall be
allowed unrestricted personal and professional use of said vehicle, except for vacations, and
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shall reimburse the City for personal use outside of Riverside County at the mileage rate
allowed by the Internal Revenue Service for mileage reimbursement.
8. Memberships. City agrees to pay Employee's membership dues in the
International City Managers Association and Employee shall have a reasonable right to attend
meetings of such Association and of the California League of Cities at City expense.
9. General Expenses. City recognizes that certain extraordinary expenses
of a non-personal and job affiliated nature may be incurred by Employee. City agrees to
reimburse Employee for reasonable expenses which are submitted according to City's normal
procedures or such other procedure as may be designated by the City Council and which are
supported by expense receipts, statements or personal affidavits, and an audit thereof in like
manner as other demands against the City. To be eligible for reimbursement, all expenses
must be submitted by the last day of the month following the month in which they are incurred.
10. Other Terms and Conditions of Emplovment. The City may, from time
to time, fix other terms and conditions of employment relating to the performance of Employee
provided such terms and conditions are not inconsistent with or in conflict with the provisions
of this Agreement, Temecula Municipal Code, or other applicable law.
11. General Provisions.
A. This Agreement contains the entire understanding between the
parties relating to the obligations and benefits of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, including the Employment Agreement between the City and Employee dated as of
December 15, 1998, are merged into this Agreement and shall be of no further force or effect.
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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.
B. If Employee dies or becomes incapacitated during the term of this
Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be
paid by City first to Employee's spouse and, if Employee has no spouse, then to Employee's
children.
C. If any provision or portion hereof contained in this Agreement is
held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or
portion thereof shall be deemed severable and shall not be affected and shall remain in full
force and effect.
D. This Agreement shall be effective as of July 27, 1999.
E. To the extent the terms of this Agreement provide for payments or
actions beyond the term of the Agreement, then such terms shall survive the expiration of the
term of the Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement as of
the day and year first above written.
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Attest:
~~
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Approved As to Form:
~
Peter M. Thorson
City Attorney
EMPLOYEE
1D7ff
Shawn D. Nelson
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FIRST AMENDMENT TO CITY MANAGER'S
EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT is made and entered into as of August 8, 2000 by
and between the City of Temecula, a municipal corporation ("City"), and Shawn D.
Nelson, an individual ("Employee"). In consideration of the mutual covenants contained
herein, the parties agree as follows:
1. This First Amendment is made with respect to the following facts and
purposes which each of the parties agree to be true and correct:
A. On August 24, 1999 the City and Employee entered into that certain
"Employment Agreement" governing the terms and conditions of
Employee's employment with City ("Agreemenl").
B. Pursuant to Section 5 of the Agreement, the Council conducted
Employee's performance evaluation and has determined to provide
for a salary increase.
2. The first sentence of Section 4 of the Agreement is hereby amended to
read as follows: "City agrees to pay Employee for the services required by this
Agreement an annual base salary of one hundred fifteen thousand five hundred dollars
($119,542.00), salary additives, and benefits for his services rendered pursuant to this
Agreement, payable on the City's regular paydays and benefit payment dates." This
amendment shall be effective as of July 27,2000, the Employee's anniversary date.
3. Except as specifically provided herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment
to Employment Agreement to be executed the day and year first above written.
CITY OF TEMECULA
ATTEST:
(jiOOV<<l .&~
Jeffrey E. Stone
Mayor
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Approved As to Form:
~
Peter M. Thorson
City Attorney
EMPLOYEE
4tD~
Shawn D. Nelson
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SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT ("Second
Amendment") is made and entered into as of July 9, 2002, by and between the City of
Temecula, a California municipal corporation ("City"), and Shawn D. Nelson, an
individual ("Employee").
RECITALS
A. On August 24, 1999, City and Employee entered into an Employment
Agreement describing the terms and conditions of Employee's employment with City as
its City Manager ("Original Agreement").
B. On August 8, 2000, City and Employee entered into the First Amendment
to City Manager's Employment Agreement ("First Amendment") modifying certain of
the terms of the Original Agreement. The Original Agreement and First Amendment are
collectively referred to as the "Agreement" in this Second Amendment.
C. The parties now desire to extend the term of the Agreement and to modify
certain terms and conditions of employment.
Now, THEREFORE, in consideration of the mutual obligations in this Second
Amendment and the Agreement the parties agree as follows and intend such agreement as
the fulfillment of and controlling over any statement in the preceding recitals:
1.
follows:
Section 2 of the Agreement is hereby amended to read in its entirety as
"2. Term. The term of this Agreement shall be through and
including June 30, 2006, unless sooner terminated as provided in this
Agreement, including any amendments."
2.
follows:
Section 4 of the Agreement is hereby amended to read in its entirety as
"4. Salarv.
"A. Effective as of July I, 2002, City agrees to pay Employee for the
services required by this Agreement, an annual base salary of One Hundred Thirty
Five Thousand and No/I 00 Dollars ($135,000.00) and benefits, payable on City's
regular paydays and benefit payment dates. Said annual base salary includes the
cost-of- living allowance for this period of the Agreement and the cost-of-living
allowance described in subparagraph D shall not be added to the annual base
salary for this period of the Agreement.
"E. Effective on January 1,2003, City agrees to pay Employee for the
services required by this Agreement, an annual base salary of One Hundred Forty
691754.1 July 2, 2002
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Four Thousand Nine Hundred Ninety Six and No/lOO Dollars ($144,996.00),
unless following a progress review the City Council elects to retain the salary
described in subparagraph A. for the period of January I, 2003 to June 30, 2003,
and benefits, payable on City's regular paydays and benefit payment dates. Said
annual base salary has been calculated to include the cost-of-living allowance for
this period of the Agreement and the cost-of-living allowance described in
subparagraph 0 shall not be added to the annual base salary for this period of the
Agreement.
"c. Effective on July I, 2003, City agrees to pay Employee for the
services required by this Agreement, an annual base salary of One Hundred Fifty
Three Thousand Eight Hundred Sixteen and No/IOO Dollars ($153,816.00) and
benefits, payable on City's regular paydays and benefit payment dates. Said
annual base salary has been calculated to include the cost-of-living allowance for
this period of the Agreement and the cost-of-living allowance described in
subparagraph 0 shall not be added to the annual base salary for this period of the
Agreement. The cost-of -living allowance described in subparagraph 0 shall
begin on July I, 2004.
"D. In addition to the annual base salary amounts provided in this
Agreement, the City agrees to increase Employee's annual base salary and
benefits in such a percentage and to such extent as the cost-of-living allowance
("COLA") City Council approves for other Executive Management Group
employees of the City. In the event City grants different COLA increase amounts
to different classifications within the Executive Management Group, Employee
shall receive at least the overall average of the increases provided to all members
of the Executive Management Group. Employee shall receive such increases
without the necessity of amending this Agreement.
"E. Effective July I, 2002, and in addition to annual base salary and
other benefits, City shall contribute an amount equal to the maximum normal
contribution permitted annually during a calendar year, for Internal Revenue Code
S 457 deferred compensation plans to a deferred compensation plan of
Employee's choice, pursuant to Government Code S 53213. The maximum
normal contribution will be determined by applicable state and federal law (IRC S
457(b)(2) or successor). Such contribution will be prorated and paid twenty-four
(24) pay periods annually and will also be prorated for partial years of
employment. The parties agree that the salary additive is discontinued, effective
with the deferred compensation contribution provided under this paragraph. The
parties also agree that the deferred compensation contribution provided under this
paragraph is in lieu of, and not in addition to, other employer-paid deferred
compensation contributions or employer-paid matching contributions, ifany."
3. Section 3, Paragraph B, of the Agreement is hereby anlended to read in its
entirety as follows:
691754.1 July2,2002
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"B. In the event Employee is terminated by the City Council
and upon the expiration of the term of this Agreement without renewal,
City agrees to pay Employee a terminating cash payment equal to six (6)
months of Employee's monthly salary, except as otherwise provided in
this section. Effective July 1,2003, the terminating cash payment shall be
equal to seven (7) months salary. Effective July I, 2004, the terminating
cash payment shall be equal to eight (8) months salary. Effective July I,
2005, the terminating cash payment shall be equal to nine (9) months
salary. "
Subparagraphs B(1), B(2), and B(3) of Section 3 are not modified by this
Second Amendment and remain in full force and effect.
4. Except as otherwise provided in this Second Amendment, this Second
Amendment will be effective on and after July I, 2002. The original term of the
Agreement, not withstanding, this Second Amendment shall have the effect of continuing
the Agreement without interruption.
5. This Second Amendment, together with the Agreement, constitutes the
entire agreement between the parties pertaining to the subject matter thereof, and any and
all prior or contemporaneous agreements, understandings, representations and statements,
oral or written, are merged into this Second Amendment and shall be of no further force
or effect.
6. Except as otherwise provided in this Second Amendment, all other terms
of the Agreement remain in full force and effect.
[Signatures on Following Page]
69] 754.1 July 2,2002
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IN WITNESS WHEREOF the parties have executed this Second Amendment, as of
the day and year first written above.
CITY OF TEMECULA
By:
AA~
Ron Roberts
Mayor
Attest:
MC
Approved as to Form:
~
, Peter M. Thorson
City Attorney
EMPLOYEE
Shawn D. Ne son
691754. J July 2, 2002
4
ITEM 16
APPROVAL
CITY ATIORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: John Meyer, Redevelopment Director
DATE: June 28,2005
SUBJECT: Purchase and Sale Agreement for Property located in Old Town
RECOMMENDATION:
It is Recommended that the City Council:
1. Adopt a Resolution entitled:
RESOLUTION NO. 03-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL
PROPERTY LOCATED AT 41950 MAIN STREET (APN
922-044-004) IN THE CITY OF TEMECULA
2. Approve an appropriation from unreserved General Fund balance in an amount not to
exceed $240,000 for acquisition, escrow, closing costs, appraisal, testing, and related
fees.
BACKGROUND: Per Agency Board direction, staff has been working with Helga Berger on
the purchase of property located on the south side of Main Street, west of Mercedes Street in
Old Town. The City is buying only the parking lot adjacent to the Serendipity retail building and
not the building itself. The 7,500 sq ft property has been appraised at a total value of $220,000.
A Phase I Environmental Analysis will be conducted on the properties to determine the potential
for the presence of hazardous waste or unacceptable soil conditions.
Additional fund authorization in the amount of $20,000 is requested to cover escrow and closing
costs, Phase I environmental analysis, and related fees.
R:\Oldtown\OTACQlStaffReport OT Acq June 28, 2005-Berger.docl
FISCAL IMPACT: The $240,000 acquisition cost will be funded from the unreserved
General Fund balance.
Attachments:
1. Resolution
2. Purchase and Sale Agreement
R:\Oldtown\OT ACQ\StaffReport OT Acq June 28, 2005-Berger.doc2
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT 41950 MAIN STREET (APN 922-044-004) IN
THE CITY OF TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City ofTemecula hereby finds, determines and declares
that:
a. The City is currently implementing the Redevelopment Plan for
Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of
Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and
subsequenlly approved and transferred to the Redevelopment Agency of the City of
Temecula on April 9, 1991 (the "Plan").
b. The City proposes to purchase the property described in the "Purchase and
Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at (APN
922-044-004) in the City of Temecula for redevelopment purposes consistent with the
Agency authority under the Plan and the Community Redevelopment Act, Health and Safety
Code Section 33000 et seq.
c. The Agreement is consistent with the Plan and with the Implementation Plan
adopted by the Agency.
d. The City Council has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the City
and the health, safety, and welfare of its residents, and in accord with the public purposes
and provisions of applicable State and local law requirements.
e. This action is being undertaken pursuant to the Plan for which a full and
complete Environmental Impact Report was prepared and certified prior to adoption of the
Plan. Moreover the acquisition of property by itself will have no impact on the environment
as it is simply the change in ownership of the property without a change in the physical
condition of the property. None of the conditions described in 14 Cal. Admin. Code ~ 15162
are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal.
Admin. Code ~~ 15162 and 15180, neither a subsequent nor a supplemental Environmental
Impact Report is required for the subject agreement.
R:\Oldtown\OT ACQ\ResoBergerjune2805.doc
Section 2. The City Council hereby approves that certain "Purchase and Sale Agreement and
Escrow Instructions" between the City of Temecula, a public body corporate and politic, and Helga
Berger, which Purchase Agreement is dated as of June 28, 2005. The Mayor of the City of
Temecula is hereby authorized and directed to execute the Agreement on behalf of the City.
R:\OldtO\'fll\OT ACQ\ResoBergerjune2805.doc
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this
28th day of June, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 28th day of June, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\OJdtown\OT ACQ\ResoBergerjune2805.doc
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Attention: Debbie Newton, Title Officer
Re: Escrow No.:
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement") dated as of June _' 2005, is entered into by and between HELGA BERGER,
a single woman ("Seller"), and the CITY OF TEMECULA, a public body, corporate and politic
("Buyer"), upon the following terms and conditions:
1. SALE AND PURCHASE PRICE.
1.1 Sale and Purchase. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller good and marketable fee simple title to that parcel of real property of
approximately square feet identified as Assessor's Parcel Number 922-044-004,
located in the City of Temecula, County of Riverside, State of California, commonly known as
41950 Main Street, Temecula, California 91292, and more particularly described on Exhibit "A"
attached hereto, together with all easements, privileges, permits, licenses, entitlements, and
other rights appurtenant thereto ("Real Property"), and all buildings, fixtures, equipment,
structures, parking areas, landscaping, appurtenances and other improvements constructed or
situated on the Real Property and owned by Seller ("Improvements") (the Real Property and
Improvements hereinafter collectively "Property"), for the price and upon all of the terms and
conditions set forth herein. Buyer is purchasing the Property for a public purpose, namely for
redevelopment and all uses necessary or convenient thereto.
1.2 Purchase Price. The purchase price ("Purchase Price") for the Property
described above shall be Two Hundred Twenty Thousand Dollars ($220,000), payable in cash.
The purchase price is broken down as follows: Land Value - $220,000. Within five (5) business
days after the date of execution hereof, Buyer shall deliver to Escrow Holder (as herein defined)
cash in the amount of Ten Thousand Dollars ($10,000.00) (the "Deposit") in the form of a
cashier's check, by a wire transfer, or other form acceptable to the Escrow Holder. The Deposit
shall be placed in an interest-bearing account and all interest accrued thereon shall increase
and become a part of the Deposit. On the close of escrow, the Deposit shall be applied toward
the cash payment of the Purchase Price. Prior to the close of escrow, the Deposit shall be fully
refundable to Buyer in the event this Agreement is terminated and Buyer is the non-defaulting
party. The remaining balance of the cash payment of the Purchase Price shall be deposited by
Buyer into Escrow in the form of a cashier's check, wire transfer, or other form acceptable to the
Escrow Holder, prior to the close of escrow.
11087/0001/826923.1
12/02/03
1.3 No Relocation Assistance. Seller hereby acknowledges and agrees that
the Property is owner occupied, and that the purchase and sale of the Property is being made in
the course of voluntary negotiations between Seller and Buyer resulting from Seller's having
offered the Property for sale. Seller shall have no further obligation to Buyer under the State
Eminent Domain Law or under the Relocation Assistance and Real Property Acquisition statutes
and guidelines, including but not limited to California Government Code Section 7260 et seq.
and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby
waives any such assistance or benefits if applicable. Seller hereby further waives any and all
claims it may have now or in the future for compensation for relocation assistance, relocation
benefits, pre-condemnation damages, compensation for property or for loss of goodwill under
California Code of Civil Procedure Section 1263.510 et seq. or any other applicable law.
2. TITLE.
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CL TA Standard Coverage Form of Owner's Policy of Title Insurance (or an
AL T A Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) ("Title Policy"), the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, (909) 787-1723; fax:
(909) 784-7956, Title Officer Debbie Newton ("Title Company"), with liability in the full amount of
the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens
and encumbrances and other matters affecting tille to the Property, except:
2.1.1 Non-delinquent real property taxes; and
2.1.2 Such conditions, covenants, restrictions, and utility easements of
record as are approved by Buyer in its sole and absolute discretion. Notwithstanding anything
in the foregoing to the contrary, Buyer acknowledges approval of the following exceptions listed
in Schedule "B" of the Old Republic Title Company Preliminary Report dated as of November
26,2003, Order No. 2607019693 and 2607019694 (the "Preliminary Report"): Items 2, 3 and 4.
2.2 Acts After Date of Aareement. During the period from the date of this
Agreement through the close of escrow, Seller shall not record, or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer, which consent shall not be unreasonably
withheld.
2.3 ODtion for AL T A Coveraae. Buyer shall have the option of obtaining an
AL T A Extended Coverage Form Policy of Title Insurance or a CL T A Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure the AL TA
Extended Coverage Survey (the "Survey"); provided, that, Seller shall provide to Buyer, at no
cost to Buyer and within five (5) days after execution of this Agreement, a copy of Seller's most
recent survey, if any, prepared with respect to the Property. The cost of an AL T A Extended
Coverage Form Policy of Title Insurance shall be borne by Buyer.
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3. RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives") the right of entry to the Property at reasonable
times for the purpose of conducting soils and geological investigation and testing for toxic or
hazardous substances and other contamination. Such investigation shall be at Buyer's
expense.
3.2 Buyer shall deliver advance written notice to the Seller of its intention to
enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business
day prior to any entry onto the Property. Such notice of entry shall include the proposed dates
and times of such entry, and the nature, specific location and scope of any test, investigation, or
other activity upon the Property. Seller and it representatives shall have the right to accompany
and observe all of Buyer's and its Representatives' activities on the Property.
3.3 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services, and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.4 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and/or use of the Property under this Agreement.
3.5 Buyer and its Representatives shall remove from the Property any wastes
and Hazardous Materials used in or generated by the activities of Buyer or its Representatives
on the Property no later than the date of completion of their environmental investigation
activities and operations on the Property.
3.6 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep
the Property, and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot be repaired,
Buyer shall replace such damaged or altered property to the extent possible.
3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and
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harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other
professionals, and all costs associated therewith, arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or
omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to entry upon the Property pursuant to this
Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on
the comparative negligence, gross negligence or willful misconduct of such Indemnitee.
4. ESCROW.
4.1 Aareement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside, CA 92501, (909) 787-1723, fax: (909) 784-7956,
Attention: Debbie Newton (dnewton@firstam.com) ("Escrow Holder"), within five (5) business
days after the execution of this Agreement by Buyer and Seller by depositing an executed copy
or executed counterparts of this Agreement with Escrow Holder. This document shall be
considered as the escrow instructions between the parties, with such further instructions as
Escrow Holder requires in order to clarify the duties and responsibilities of Escrow Holder. If
Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare
such escrow instructions on its usual form for the purchase and sale of the Property upon the
terms and provisions hereof. Provided such further escrow instructions are consistent with this
Agreement, they shall be promptly signed by Buyer and Seller within five (5) business days after
delivery thereof to each party. The further escrow instructions shall incorporate each and every
term of this Agreement and shall provide that in the event of any conflict between the terms and
conditions of this Agreement and such further escrow instructions, the terms and conditions of
this Agreement shall control. Escrow Holder shall not be held liable for the sufficiency or
correctness as to form, execution or validity of any instruments deposited in this escrow (other
than those documents prepared by Escrow Holder), or as to identity, authority or rights of any
person executing the same, and Escrow Holder's duties hereunder shall be limited to the
safekeeping of such money, instruments or other documents received by Escrow Holder and for
the disposition or return of same in accordance with the instructions herein. The parties hereto
agree jointly and severally to pay on demand, as well as to indemnify and hold Escrow Holder
harmless from and against, all costs, damages, judgments, reasonable attorneys' fees,
expenses and liabilities of any kind or nature which Escrow Holder may incur or sustain in good
faith in connection with or arising out of this escrow which are not due to Escrow Holder's
negligence or willful misconduct.
4.3 ODeninq of Escrow.
delivery to the Escrow Holder of a fully
Agreement.
Escrow shall be deemed open on the date of
executed copy or executed counterparts of this
4.4 Close of Escrow. Provided all of Seller's and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
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of escrow set forth in this Agreement have been satisfied, escrow shall close on or before July
30, 2005 ("Closing Date"). All risk of loss or damage with respect to the Property shall pass
from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered to
Buyer upon the close of escrow. Notwithstanding anything in this Agreement to the contrary,
escrow shall be deemed automatically terminated if it has not otherwise closed by July 30,
2005, regardless of cause or fault.
4.5 Buver Reauired to Deliver. On or before the close of escrow Buyer shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The Purchase Price; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
4.6 Seller Reauired to Deliver. Before the close of escrow, Seller shall
deposit into escrow the following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer;
4.6.2 A non-foreign affidavit with respect to Seller; and
4.6.3 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and
until both parties have deposited with Escrow Holder all sums and documents required to be
deposited as provided in this Agreement. The failure of a party to timely deposit any such sums
and/or documents shall constitute a default by such party. Furthermore, escrow shall not close
unless Seller shall be able to deliver possession of the Property to Buyer free of all tenants,
leases and/or agreements. Seller agrees to indemnify, protect, hold harmless and defend Buyer
and its employees, agents, representatives, council members, attorneys, successors and
assigns from and against any and all claims raised after closing by tenants raising or seeking
any rights to relocation assistance or benefits based on their tenancy on the Property prior to
the sale hereunder. In addition to the closing conditions set forth above, Buyer's obligation to
proceed with the transaction contemplated by this Agreement is subject to the satisfaction, not
later than the date that is fifteen (15) days after the date hereof ("Contingency Date"), of all of
the following conditions precedent, which are for Buyer's benefit and may be waived only by
Buyer:
4.7.1 Seller shall have performed all agreements to be performed by
Seller hereunder;
4.7.2 Seller's representations, warranties and covenants set forth in this
Agreement shall be true and correct as of the Contingency Date, and continue to be true and
correct as of the Closing Date;
4.7.3 Buyer's approval, in its sole and absolute discretion, of the results
of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or
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water contamination tests and analyses as Buyer or its agents, employees or representatives
may, prior to the Closing Date, perform with respect to the Property;
4.7.4 As of the Closing Date, there shall have been no material adverse
changes in the physical condition of the Property, as described in Paragraph 6 or otherwise;
4.7.5 Verification by Buyer that Seller is the owner of record of the
Property and that there are no other owners of record of the Property as of the Closing Date;
4.7.6 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer, for the amount of the Purchase Price showing fee title to the Property
to be vested in Buyer, subject only to such conditions, covenants, restrictions, and utility
easements of record as are approved by Buyer in its sole and absolute discretion; and
4.7.7 Approval of this Agreement by the City Council of the City of
Temecula.
Neither Buyer nor Seller shall act or fail to act for the purpose of permitting or
causing any closing condition to fail. Waiver of any condition to close of escrow shall not relieve
any party for liability resulting from breach of any representation, warranty, covenant or
agreement under this Agreement. In the event that the conditions to close of escrow are not
timely satisfied for a reason other than a default of Buyer or Seller under this Agreement:
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Seller hereunder shall terminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Seller or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does not
elect to waive such condition; and
(ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer all funds (and all interest accrued thereon) and documents deposited by Buyer
in escrow and to return to Seller all funds and documents deposited by Seller in escrow and
which are held by Escrow Holder on the date of the termination (less, in the case of the party
otherwise entitled to such funds, however, the amount of any cancellation charges required to
be paid by such party under Paragraph 4.12 below).
4.8 Recordation of Grant Deed: Deliverv of Funds. Upon receipt of the funds
and instruments described in this Paragraph 4, Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges) to Seller.
4.9 Prorations. All real and personal property taxes, liens and assessments
shall be prorated between Buyer and Seller as of the close of escrow based on the latest
available tax information or, at Seller's election, such taxes, liens and assessments may be paid
in full through escrow to the lienholder from the Deposit, so long as the Deposit is sufficient to
satisfy all outstanding liens. If such liens are paid through escrow, Escrow Holder shall cause
the liens to be discharged and the discharge recorded prior to conveyance of fee title of the
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Property to Buyer. Any supplemental or escape real estate taxes and assessments on the
Property attributable to the period prior to the close of escrow shall be paid by Seller outside of
the escrow. All prorations shall be determined on the basis of a 360-day year.
4.10 Costs of Escrow.
4.10.1 Seller shall pay:
(a) The cost of any obligations of Seller hereunder.
4.10.2 Buyer shall pay:
(a) All escrow fees and costs associated with the purchase of
the subject real property;
(b) The cost of recording the Grant Deed, if any;
(c) The cost of documentary transfer taxes in connection with
the recordation of the Grant Deed, if any;
(d) The cost of any obligations of Buyer hereunder; and
(e) Any other closing costs or charges not expressly provided
for herein and customarily paid by a Buyer of real property
in Riverside County, California.
4.11 Broker's Commission. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission, which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives, council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
4.12 Escrow Cancellation Charaes. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any
other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges.
5. REPRESENTATIONS AND WARRANTIES BY SELLER.
In consideration of Buyer's entering into this Agreement and as an inducement to
Buyer to purchase the Property, Seller makes the following representations and warranties,
each of which is material and is being relied upon by Buyer (the continued truth and accuracy of
which shall constitute a condition precedent to Buyer's obligations to close hereunder and each
of which shall survive the close of escrow):
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5.1 This Agreement has been duly and validly authorized, executed and
delivered by Seller and no other action is requisite to the valid and binding execution, delivery
and performance of this Agreement by Seller;
5.2 There are no suits pending against or affecting or, to the best of Seller's
knowledge, without having made investigation thereof, threatened against the Property or its
use, whether in law or at equity;
5.3 Other than as disclosed in this Agreement, no joinder, consent, or waiver
of or by any third party is necessary to permit the consummation by Seller of the transaction
contemplated pursuant to this Agreement;
5.4 To Seller's best knowledge, there are no materials, reports and
information in Seller's possession relating to the Environmental Condition (any condition that
exists prior to or after the Closing Date, with respect to the air, land, soil, surface, subsurface
strata, surface water, ground water, storm water or sediments) of the Property, and there are no
outstanding environmental remediation orders or decrees (federal or state) regarding the
Property. Seller shall deliver to Buyer any materials and reports relating to the Environmental
Condition of the Property which comes into Seller's possession, and any information relating to
the Environmental Condition of the Property of which Seller becomes aware;
5.5 To the best of Seller's knowledge, Seller is not aware of the existence of
any violation of law or violation of governmental regulation with respect to the Property,
including any Environmental Laws, as hereinafter/ defined;
5.6 There are no pending, or to the best of Seller's knowledge, without having
made investigation thereof, threatened proceedings in eminent domain, which would affect the
Property, or any portion thereof;
5.7 To the best of Seller's knowledge there has been no production, disposal
or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any
of the contractors, agents, employees or representatives of Seller or, to the best of Seller's
knowledge, any previous owner or current or previous tenant of the Property; and to the best of
Seller's knowledge, there has not been any other activity on the Property which could have
resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any
Environmental Laws, or which could result in any proceeding or inquiry by any authority with
respect thereto;
5.8
Code 1445; and
Seller is not a "foreign person" within the meaning of Internal Revenue
5.9 As of the Closing Date, there shall be no leases and/or other agreements
in existence affecting the Property.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et sea; oil and petroleum products and natural gas, natural
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gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under
the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sea; asbestos
and asbestos-containing materials, PCBs and other substances regulated under the Toxic
Substances Control Act, 15 U.S.C. Section 2601 et sea; source material, special nuclear
material, by-product material and any other radioactive materials or radioactive wastes, however
produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200
et sea; industrial process and pollution control wastes, whether or not hazardous within the
meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et sea.; any
substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or
California Code of Civil Procedure Section 736(f)(3); and any other substance or material
regulated by any Environmental Laws.
The term "Environmental Laws" shall mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et sea; the Clean Water Act, 33 U.S.C. Section 1251
et sea; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et sea; the Marine Protection, Research, and Sanctuaries Act,
33 U.S.C. Section 1401 et sea; the National Environmental Policy Act, 42 U.S.C. Section 4321
et sea; the Noise Control Act, 42 U.S.C. Section 4901 et sea; the Occupational Safety and
Health Act, 29 U.S.C. Section 651 et sea; the Resource Conservation and Recovery Act 42
U.S.C. Section 6901 et sea; as amended by the Hazardous and Solid Waste Amendments of
1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et sea; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sea; as
amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning
and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the
Toxic Substances Control Act 15 U.S.C. Section 2601 et sea: the Atomic Energy Act, 42 U.S.C.
Section 2011 et sea; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et
sea: and state and local environmental statutes and ordinances, with implementing regulations
and rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING: PHYSICAL DAMAGE OR DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto or available parking area therefor is reduced or restricted by
eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated
taking which has not been consummated, other than any such taking prosecuted by or on behalf
of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have
the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to
Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does
not exercise this option to terminate this Agreement, neither party shall have the right to
terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall
be entitled to receive and keep, all awards for the taking by eminent domain which accrue to
Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without
modification of the terms of this Agreement and without any reduction in the Purchase Price
(except as otherwise provided pursuant to Paragraph 1.2 hereof). Unless and until this
Agreement is terminated, Seller shall take no action with respect to any eminent domain
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proceeding without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
6.2 If, prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation, (i) fire or flooding, (ii) any destructive seismic or geological conditions such as any
earthquake or tremor, subsidence, or unstable subsurface conditions; or (iii) a condition arising
from any discharge of Hazardous Materials or other violation of any Environmental Laws, Seller
shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its
sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not
later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this
option to terminate this Agreement, neither party shall have the right to terminate this
Agreement, but the Seller shall assign and turn over, and the Buyer shall be entitled to receive
and keep, all insurance proceeds paid by Seller's insurer in connection with such damage or
destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof,
without modification of the terms of this Agreement and without any reduction in the Purchase
Price (except as otherwise provided pursuant to Paragraph 1.2 hereof). . Unless and until this
Agreement is terminated, Seller shall take no action with respect to any such damage and
destruction without the prior written consent of Buyer, which consent shall not be unreasonably
withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking
enforcement of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to be given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested, or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Buyer:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: John Meyer
Tel: (951) 694-6412
Fax: (951) 693-3903
With a Copy To:
Richards, Watson and Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071- 3101
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Attention: Peter Thorson
Tel: (213) 626-8484
Fax: (213) 626-0078
To Seller:
Helga Berger
41875 Avenida Ortega
Temecula, CA 92592
To Escrow Holder:
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Tel: (909) 787-1723
Fax: (909) 784-7956
Attention: Debbie Newton, Title Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee, if personally delivered,
and on the date indicated in the return receipt or courier's records as the date of delivery or as
the date of first attempted delivery, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 10 by giving notice to the other party and to Escrow
Holder as herein provided.
10. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned
by either party without the prior written consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged
herein and shall not be effective for any purpose. No provision of this Agreement may be
amended, supplemented or in any way modified except by an agreement in writing signed by
the parties hereto or their respective successors in interest and expressly stating that it is an
amendment of this Agreement.
13. ENFORCEMENT OF AGREEMENT BY SELLER. If the sale of the Property is
not consummated as a result of the Buyer's material default hereunder, then Seller may enforce
its rights hereunder by an action against Buyer for damages, resulting from the material breach
of this Agreement by Buyer.
14. ENFORCEMENT OF AGREEMENT BY BUYER. It is agreed that the rights
granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if
there is a breach by Seller of any material provision of this Agreement, Buyer would not have
any adequate remedy at law. It is expressly agreed, therefore, that Buyer's rights hereunder
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may be enforced by an action for specific performance and such other equitable or legal relief
as is provided under the laws of the State of California.
15. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this Agreement.
16. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
17. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terms.
18. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
19. THIRD PARTIES. Nothing contained in this Agreement, expressed or implied, is
intended to confer upon any person, other than the parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
20. SEVERABILITY. If anyone or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by
a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes
aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
21. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
22. IRREVOCABLE OFFER BY SELLER. Seller's execution and delivery to Buyer of
this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein,
which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing
and returning to Seller a counterpart of this Agreement on or before December 8, 2003. Seller
understands and agrees that Buyer is a governmental entity which must schedule and hold one
or more meetings of its governing body in order to authorize Buyer's acceptance of this offer
and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the
City Council of the City of Temecula and its governing body. Seller further acknowledges and
agrees that this Agreement is tendered under the provisions of California Evidence Code
Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is
terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's
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liability in inverse condemnation, for precondemnation damages or otherwise, and may not be
used as an admission of value in any eminent domain or other proceeding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
"SELLER"
"BUYER"
HELGA BERGER
THE CITY OF TEMECULA, a municipal
corporation
By:
Jeff Comerchero, Mayor
By:
HELGA BERGER
Attest:
Susan Jones, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By:
Peter Thorson, City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
A.P.N. 922-044-004
A-1
12/02/03
FISCAL IMPACT: The $240,000 acquisition cost will be funded from the unreserved
General Fund balance.
Attachments:
1. Resolution
2. Purchase and Sale Agreement
R:\Oldtown\OT ACQ\Staff Report OT Acq June 28, 2005-Berger.doc2
Item No. 16
(Purchase and Sale Agreement for property
located in Old Town)
As per Peter, attached please find a copy of the revised resolution approving this
agreement.
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY
LOCATED AT 41950 MAIN STREET (APN 922-044-004) IN THE
CITY OF TEMECULA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines and
declares that:
A. Helga Berger proposes to sell the real property located at 41950 Main
Street in the City of Temecula to the City of Temecula.
B. The City Council has duly considered all terms and conditions of the
proposed "Purchase and Sale Agreement and Escrow Instructions" for the sale of the
Property and believes that the Agreements are in the best interests of the City and the
health, safety, and welfare of its residents, and in accord with the public purposes and
provisions of applicable State and local law requirements.
C. The proposed purchase of property as set forth in the Agreement is: (1)
consistent with the applicable General Plan designation and all applicable General Plan
Policies as well as with applicable zoning designation and regulations; (2) the site is with
in the city limits of the City of Temecula of less than five acres substantially surrounded
by urban uses; (3) the site has no value as habitat for endangered, rare, or threatened
species; (4) approval of the purchase of the site would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and (5) the site can be
adequately served by all required utilities and public services. Therefore, the proposed
purChase is an "in-fill project" and is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14
of the California Code of Regulations). Additionally any development of the site by the
City of Temecula will require further study and environmental review. The City Manager
is directed to file a Notice of Exemption of this action as required by CEQA and the
CEQA Guidelines.
Section 2. The City Council of the City of Temecula hereby approves that certain
agreement entitled "Purchase and Sale Agreement and Escrow Instructions" by and between
the City of Temecula and Helga Berger with such changes in such document as may be
mutually agreed upon by the Seller and the City Manager as is in substantial conformance with
the form of such Agreement which is on file in the Office of the City Clerk. The Mayor is hereby
authorized to execute the Agreement, including related exhibits and attachments on behalf of
the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in
the Office of the City Clerk.
Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the
Agency, to take all actions necessary and appropriate to carry out and implement the
Agreement and to administer the City's obligations, responsibilities and duties to be performed
R:/Resos2005l05-
under the Agreement and related documents, including but not limited to the escrow instructions
and amendments, acceptances of deeds, , certificates of completion and such other
implementing agreements and documents as contemplated or described in the Agreement.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on
,2005.
Jeff Comerchero
Mayor
ATTEST:
SUSAN JONES, CMC
CITY CLERK
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof, held on June 28, 2005, by the following vote, to wit:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
SUSAN JONES, CMC
CITY CLERK
R:/Resos2005l05-
2
./'
ITEM 17
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works/City Engineer
DATE: June 28, 2005
SUBJECT: Authorize 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; 3'd 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 Director of Public Works/City Engineer.
PREPARED BY: t-lf Ronald J. Parks, Deputy Director of Public Works
~Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2005-_
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/CITY ENGINEER 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, 2005 from approximately 5:00 AM until 12:00 PM (Noon). The parade hours are from
10:00 PM to approximately 11 :30 PM. 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 necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closing".
R:\AGENDA REPORTS\2005\062805\2005 4TH OF JULY PARADE.STREET CLOSURE.DOC
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 authority to temporarily close
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 4'hof July Parade"
to the Director of Public Works/City Engineer. 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 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
necessary warning and advisory devices by the T ernecula Community Services Department and the
City Maintenance Division are included in budgetary items.
ATTACHMENTS:
1. Resolution No. 2005-_
2. Location Map
R:\AGENDA REPORTS\2005\062805\2005 4TH OF JULY PARADE. STREET CLOSURE.DOC
RESOLUTION NO. 2005-_
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 FROM MORENO
ROAD TO 2ND STREET FOR THE "STAR SPANGLED 4TH OF JULY
PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER 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 for the ternporary
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 perrnission to ternporarily
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/City
Engineer to approve ternporary street closures for 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/City Engineer to permit temporary street closures for the
annual "Star Spangled 4th of July Parade" on July 4, 2005, 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 at a
regular meeting held on the 28th day of June, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
R:\AGENDA REPORTS\2005\062805\2005 4TH OF JULY PARADE. STREET CLOSURE.DOC
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 28th day of June, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
R:\AGENDA REPORTS\2005\062805\2005 4TH OF JULY PARADE. STREET CLOSURE.DOC
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-
ITEM 18
APPROVAL a. ,X--
CITY ATTORNEY
DIRECTOR OF FINA l:;1JfJt-
CITY MANAGER ,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 28, 2005
SUBJECT:
Authorize Temporary Street Closure of Pauba Road between Margarita Road
and Ynez Road for the "July 4th, 2005 Fireworks Show" and Delegate
Authority to Issue Special Events/Street Closures Permit to Director of Public
Works/City Engineer.
PREPARED BY: ~ ~onald J. Parks, Deputy Director of Public Works
J&_teve Charette, Associate Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD
FOR THE "JULY 4TH 2005, FIREWORKS SHOW", AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
BACKGROUND: The Annual City-sponsored "July 4th 2005 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 a rnajor City highway and the streets
abutting this highway for a period of 11 :00 AM until 11 :00 PM on July 4, 2005.
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 necessary for 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
1
R:\AGENDA REPORTS\2005\062805\2005 4TH OF JULY FIREWORKS.STREET CLOSURE.DOC
process to the City Manager. However the resolution did not delegate authority to temporarily close
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 4th 2005 Fireworks Show" to
the Director of Public Works/City Engineer. 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 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
necessary warning and advisory devices by the Temecula Cornrnunity Services Department and the
City Public Works Maintenance Division are included in budgetary items.
ATTACHMENTS:
1. Resolution No. 2005-_
2
R:\AGENDA REPORTS\2005\062805\2005 4TH OF JULY FIREWORKS. STREET CLOSURE.DOC
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD
FOR THE "JULY 4TH 2005 FIREWORKS SHOW", AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER 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 ternporary 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 ofTemecula sponsors the annual "July 4th 2005 Fireworks Show", for
which such temporary street closures prornote 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 "July 4th 2005 Fireworks Show" on July 4th, 2005; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City
Engineer to approve temporary street closures for annual "July 4'h 2005 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/City Engineer to permit temporary street closures for the
annual "July 4th 2005 Fireworks Show" on July 4, 2005, 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 at a
regular meeting held on the 28th day of June, 2005.
Jeff Cornerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
3
R:\AGENDA REPORTS\2005\062805\2005 4TH OF JULY FIREWORKS. STREET CLOSURE.DOC
~
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City ofTemecula
at a regular rneeting thereof held on the 28th day of June, 2005, by the following vote:
AYES:
o
COUNCILMEMBERS:
NOES:
o
COUNCILMEMBERS:
ABSENT:
o
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
R:\AGENDA REPORTS\2005\062805\2005 4TH OF JULY FIREWORKS.STREET CLOSURE. DOC
ITEM 19
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 28, 2005
SUBJECT:
Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for Phase I of the Field Operations Center (Maintenance
Facility Expansion), Project No. PW03-06
PREPARED BY: rJ1reg Butler, Principal Engineer
RECOMMENDATION: That the City Council approve the plans and specifications, and
authorize the Department of Public Works to solicit construction bids for Phase I of the Field
Operations Center/Maintenance Facility Expansion, Project No. PW03-06.
BACKGROUND: The Field Operations Center/Maintenance Facility Expansion project will
construct a 17,000 square foot two (2) story building and secure corporate yard on the 3-acre City
property immediately south of the present City Hall site. Phase I of the project will construct the
parking lot, which will serve the completed facility and will also provide overflow parking for the
existing City Hall complex, as well as complete the grading of the entire site. Phase II, to be bid later
in fiscal year 2005-2006, will entail the completion of the corporate yard expansion, to include
secured parking areas, material storage bins, covered heavy equipment storage, and exterior
storage areas and will include the construction of the building. The new building will allow for sorne
relief of the overcrowding within the existing City Hall & Maintenance Facility and will ultimately serve
as the permanent site for the City's field personnel.
The specifications and contract docurnents have been cornpleted and the project is ready to be
advertised for construction bids. The documents are available for review in the City Engineer's
office.
The Engineer's construction estimate for this phase of the project is $770,000.
FISCAL IMPACT: The Field Operations Center (Maintenance Facility Expansion) is funded with
Development Irnpact Fees (Public Facilities & Corporate Facilities) and Capital Project Reserves.
With the approval of the upcoming Capital Improvement Program, adequate funds are available in
Account 210.165.742.5804
ATTACHMENTS: Location Map
Project Description
Site Plan
R:\AGENDA REPORTSI2005\062805\PW03-06 Auth to Bid Ph1.DOC
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ITEM 20
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 28, 2005
SUBJECT:
Completion and Acceptance of the Diaz Road Realignment (Phases I) -
Traffic Signals Diaz Road at Rancho Way and Rancho California Road at
Business Park Drive - Project No. PW95-27
PREPARED BY:
~reg Butler, Principal Engineer
~Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Accept the Diaz Road Realignment (Phases I) - Traffic Signals Diaz Road at Rancho Way and
Rancho California Road at Business Park Drive - Project No. PW95-27 as complete.
2. File a Notice of Completion, release the Performance Bond, and accept a one (1) year
Maintenance Bond in the amount of 10% of the contract.
3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion,
if no liens have been filed.
BACKGROUND: At the meeting of April 20, 2004, the City Council awarded the construction
contract to Vance Corporation for $573,628.00 and authorized the Mayor to execute the contract.
Three change orders in the amount of $29,602.41 and an increase in final quantities that increased
the contract amount by $4,556.11, brought the total project cost project to $607,786.52.
This first phase installed two new traffic signals, one at Rancho California Road and Vincent
Moraga/Business Park Drive and the other one at Diaz Road and Rancho Way. Diaz Road has
been widened from approximately 1,000' south of Rancho Way to Via Montezuma (the "Low-Flow").
This widening provided two additional lanes along Diaz Road and the striping was modified on
Rancho Way to allow for dual left turn lanes. The contractor has completed the work in accordance
with the approved plans and specifications and within the allotted contract tirne to the satisfaction of
the City Engineer. The construction retention for this project will be released on or about 35 days
after the Notice of Completion has been recorded.
FISCAL IMPACT: The Diaz Road Realignment is a Capital Improvement Project funded through
Measure A, Capital Project Reserves and Development Impact Fees - Public Facilities/Street. The
total cost of the project was $607,786.52.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit
R :\AGENDA REPORTS\2005\062805\PW95- 27 Accept .DOC
RECORDING REQUESTED BY
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. Nature Df
Interest Vendee Under Contract.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. A Contract was awarded by the City of Temecula to Vance Corporation 2271 N. Locust
Ave. Rialto. CA 92377 to perform the following work of improvement:
Dial Road Realignment (Phase I)
Traffic Signals Dial Road at Rancho Way and Rancho California Road at Business Park Drive
Project No. PW95-27
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 April 12,
2005. That upon said contract the Safeco 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:
Dial Road Realignment (Phase I)
Traffic Signals Dial Road at Rancho Way and Rancho California Road at Business Park Drive
Project No. PW95-27
6. The 10catiDn of said property is: Dial Road and Rancho Way, Temecula, CalifDrnia
Dated at Temecula, California, this 28'" day of June, 2005
City of Temecula
Susan W. Jones CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk Df 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 Drdered tD be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 28'" day of June, 2005.
City of Temecula
Susan W. Jones CMC, City Clerk
R:\CIP\PROJECTS\PW95\PW95-27 Diaz ReaUgnment\COMPLET10N NOTE.doc
Bond No. 6251304--001
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
FOR
PROJECT NO. PW95-27
DIAZ ROAD REALIGNMENT (PHASE I) - TRAFFIC SIGNALS, DIAZ @ RANCHO WA Y
AND RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE
KNOW ALL PERSONS BY THESE PRESENT THAT:
Vance Corporation 2271 North Locust Ave., Rialto, CA 92377
NAME AND ADDRESS CONTRACTOR'S
a
Corporation
1M! in whet...-. Corpora6on. P.rtnfm;/J;p or Irnllvldu.Q
, hereinafter calledPrlnc/pal, and
Safeco Insurance Company of America
120 Vantis, Aliso Viejo, CA 92656
NAME AND ADDRESS OF SURETY
hereinafter called SURETY. are held and firmly bourJd unto CITY OF TEMECULA,
hereinafter called OWNER, in the penal sum of SJ.Xty Thousand Seven Hundred N~nety
Seven and 47/100 DOLLARS and CENTS
($ 60,797.47 -) in lawful money of the United Stales, said Bum being not less thanlen
(10%) of the Contract value payable by the said City Of Temecula under the terms of the
Contract, for the PClyment of which, we bind ourselves, successors, and assigns, Jointly and
. severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PrinCipal entered into a
oortain Contract with the OWNER, daled the 70 r h day of A pr il ,2004. a copy
of which is hereto attached and made a part hereof for tM construction of PROJECT NO. PW95-
27, D1AZ ROAD REALIGNMENT (PHASE I) - TRAFFIC SIGNALS, DIAZ @ RANCHO WAY
AND RANCHO CALIFORNIA ROAD @ BUSINESS PARK DRIVE.
WHEREAS, said Contract provides thai the Principal will furnish a bond conditicine<l 10 guarantee
for the period of one (1) year after approval of the final estimate on said job, by the OWNER,
against all defects in workmanship and materials which may become apparent during said period;
and
WHEREAS. the said Contract has been oompleted. and was the final estimate approved on
April 1, 2005 . 2ml~/C . -
NOW, THEREFORE, THE CONDmON OF THIS OBUGATION IS SUCH. that if within one year
from the date of approval of the final estimate on said job pursuant to the Contract, the work dDne
. under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and t.he carrying out of the terms of said Contract. or it shall appear that defectiVe materials were
furnished thereunder, then this obllgatlon shall remain In full force and virtue. otherwise this
instrument shall be void.
- As a part of the obligation secured hereby an<l in addition to the face amount specified. costs and
reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by
MAlNTEHANCE BOND
10\-1
1l."~2NIIDDOOOOJoI<::REN.QNMlim',"*
the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
The SUrety hereby stipulates and agrees that no change, extension of time, alteration, oraddlUon
to the terms of the Contract, or 10 the work 10 be performed thereunder,or 10 the specifications
accompanying the same, shall in any way affect its obligations on this bond, and it does hel'llby
waive notice of any such change, extension of time, alteration, or addition 10 the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this 1st
day of . April
,...2005
(Seal)
Safeco Insurance Company of America
:~RE~~.~
Nanette Mariella-Myers ()
(Name)
Attorney-'in-Fact
(TIlle)
)". ;z:ance Co. ration
p. R1NCIPJL
BY:~.
Verner E. Thomas
~8me)ExecubiYe Vice President
(TiDe)
APPROVED AS TO FORM:
By:
(Name)
PWlr M. Thorson. City Allomey
(Tille)
MAlIlTENJlNCE BONO
11-2
1l'C~~ISUOM~'l',,"I.lllSl
, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
On
y// / ()S
, (DATE
personally appeared Nanette Mariella-Myers
before me, Angela Petropoulos, Notary Public
NAME. TITLE OF OFFICER - E.G.. . JANE DOE, NOTARY PUBUC-
NAME(S) OF SIGNER(S)
proved to me Dn the basis of satisfactory evidence to be the person( s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
hislher/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
[8J personally known to me - OR - 0
~ - - - - - - - - - - - - ~
@ ANGELA PETROPOULOS
- Commission # 1538595
~ -.,; Notary Public - CaUtom/a ~
j' Orange Counly ~
__ ~ '""" ~~'~_ee:2:2~
WITNESS my hand and official seal.
~90tJTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable tD persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
o LIMITED
o GENERAL
o PARTNER(S)
[8J
o
o
o
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
. SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
I
S4067/GEEF 2198
@1993NATlONAlNOTARYASSOCIATION.8236RemmetAve..P.O. Box 7184. Canoga Park, CA 91309-7184
I
~ SAFECO'
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GEN8W. IIISURANcE COMPANY OF AMERICA
HOME OFRCE: SAFECO PlAZA
SEATn.E, WASHINGTON 98185
No. 9675,
I<NOW ALL BY l1lESE PRESENTS:
That SAfECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washlngton col)lOl'8tion, does each hereby
appoint .
..........RHONDA C. ABEL; lERI APODACA; PATRIClAH.IiREBNBR;LlNDA BNRIOID; lANE KEPNER; STANLEY C. LYNN; NANIlTIll MARIIlILA-MYERS;
MIKE P ARlZINO; JAMES A.. S<?JIALU!R; Costa Mesa, Catifumia......................:...............................................~............................
. ~ . .
lis bue and lawful attomey(s}-lrHact, with run au1holily 10 exeaJte on lis behallfideBty and surety bonds or under1ak/ngs and other documents of a simDa, character
Issued in the course oflls business, and 10 blnd therespective COI1"4ianythereby.
IN WITNESS WHEREOF, SAfECO INSURANCE COMPANY Of AMERIcA and GENERAL INSURANCE COMPANY OF AMERtCA have each executed and
_ these presants
this 21st
dayol Jun.
, 2001
R.A. PIERSON, SECRETARY
~k,~~\~
MiKE Mt.CK. PRESIDENT
"k!R d..e?~
CERnFlCATE
ExIraet from the By-tav.s 01 SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"AIflde V, Section 13. - FIOELITY AND SURETY BONDS on the President, any Vice Preslden~ the Secretary. and any Assistant Vice President appointed for lhat
, purpose by the officer in charge 01 surely operations, shaD each haveaulholilylo appolntlndMduals as attomeys-lrHaclor under other appropriate b1leswlth aulholilyto
exeaJte on behalf of the COI1'ql8I1)' fidelily and surety bonds and other documents of similar character Issued by the company in the course of lis business... On any
Instnnnent maIdng or evidencing such appointment. the signatures may be affixed by lacslmne. On any Inslrument conferring such au1holily 0' on any bond or
unde<laklng of the COfl1l8l1y, the seal, or a facslmDe lhereol. may be ln1>ressed or affixed or in any olher manner reproduced; provided. however,lhal the seal shaD not
be necessary to the valldllyol any such inslrumentor under1ak/ng."
Exlraetfrom a Resolution 01 the Board of DIrectors Or SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA edoptedJuly'28, 1970.
"On any certificate executed by1he SeaaIaIy or an asslstantsecrefary of the Col11'8Ily setting out,
(i) TheprovlslonsofAl1lcleV,SeclIonI3oftheBy-tav.s,and '
(D) A copy of the power~ey8ppointntellt. executed pursuantthereto, and
(IH) Cer1IIy/ng lhal said powor-of-eUOmeyappolntmentls in fuD loroe and effect,
, the signature of the certifyfng offioer may be byfacslmue, and the seal of the Companymay be a facsimile thereof."
I, RA Pierson. Seaetary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify lhat lhe
foregoing - of the By-tav.s and of a Resolu1lon of the Board of DIrectors of these corporations, and 01 a Power 01 Attorney Issued pursuant therelo, are lrue and
conect, and lhal bolh the By-taws. the, ResoMlon and the Power of AUOmey are stI1I in fuD force and effect,
IN WITNESS WHEREOF,I have hereunto setmy hand and affixed the facslmlle seal of said corporation
this
;!k::
day 01 ~
, e:JtJ tJ fJ. .
"k!R d..e? ~
RA PIERSON, SECRETARY
~7_ 2/01
&Areglst_ _ afSAFECO CorporoUon
tlI21101 PDF
03/22/2005 TUE 14:26 FAX 909693 3929' City of Temecula
~ 004/004
CITY OF TEMECUlA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW95-27
DIAZ ROAD REAUGNMENT (PHASE Q - TRAFFIC SIGNALS, DIAZ@ RANCHO WAY
AND RANCHO CALIFORNIA ROAD@ BUSINESS PARK DRIVE
This is to certify that V" n (' "- (;1) ~"i ;;. lnereinafter the .CONTRACTOR") declares
to the City of Temecula, under oath, that h sheJit 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. PW95-27,
DIAZ ROAD REALIGNMENT (PHASE I). TRAFFIC SIGNALS, DIAZ@ RANCHO WAY AND
RANCHO CAUFORNIA ROAD @ BUSINESS PARK DRIVE, situated in the City of Temecula,
State of California, more particularly described as follows:
Di,,7 Ro"rl Rp"lignmpnt(PhaAP 1) Traffic Si~nals.
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
Further, in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
Description
Dollar Amount to Dispute
Pursuant to Public Contract Code ~7100. the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
Dated:
!. - '1-05
By:
CONTRACTOR
L 52A--
Signature
;i.1IW"~ F ;;/.;"''#5
Print Name and liVe
dVl. Z/~
Ra.eASE
fl.!
~~PIlI.dill
Bond No. 6251304
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
o
o
o
~
o
CONSENT OF SURETY
TO FINAL PAYMENT
Conforms with the American Institute of
Architects. AlA Document G707
TO OWNER:
(Name and address)
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
ARCHITECT'S PROJECT NO.:
CONTRACT FOR:
PROJECT:
#PW 95-27 Diaz Road Realignment
CONTRACT DATED:
(Name and address)
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
(Insert name and address o{Surety)
Safeco Insurance Company of America
120 Vantis
Aliso Viejo, CA 92656
, SURETY,
en bond of
(Insert name and address of Contractor)
Vance Corporation
2271 NDrth locust Ave.,
Rialto, CA 92377
, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any
of its obligations to
(Insert name and address afOwner)
City ofTececula
43174 Business Park Drive
Temecula, CA 92590
, OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: April 1 2005
(Insert in writing the month followed by the numeric date and year.)
Attest:
(Seal):
Safeco Insurance ComDany of America
(Surety)
~~-Jr' .IA0
(Signature of authorized representative) (J
Nanette Mariella-Myers
(Printed name and title)
S-21341GEEF 10/01
FRP
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
County of Orange
!-/;/~5
DATE
personally appeared Nanette Mariella-Myers
On
before me, Angela Petropoulos, Notary Public
NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBUC"
ANGELA PETROPOULOS
6i Commission # 1538595
~ ' _,,; . Notary Public. Calnomla ~
~. Orange Counly t
_ ~ _ ~:~~~eS~2~2~
NAME(S) OF SIGNER(S)
proved to me on the basis of satisfactory evidence to be !he person(s)
whose name(s) is/are subscribed to !he within instrument and
acknowledged to me that he/she/they executed the same in
hislher/their authorized capacity(ies), and that by his/her/!heir
signature(s) on !he instrument the person(s), or !he entity upon
behalf of which the person(s) acted, executed the instrument.
t8:I personally known to me - OR - 0
WITNESS my hand an
NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
PARTNER(S)
TITLE(S)
B LIMITED
GENERAL
o
t8:I
o
o
o
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S4067/GEEF 2198
~ 1993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve.. P.O. Box 7184. Canoga Park. CA 91309-7184
f
~ SAFECO'
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAl.1NSIJRANCE COMPANY OF AMERICA
HOME DFACE: SAFECO PI.AZA
SEArn.e, WASHINGTON 98185
No. 8675.
KNOW AU. BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washlngton colpOl8t1on, does each hereby
~t .
...-....RHONDA C. ABEL; JERI APODACA; PATRICIA H. BREBNER; LINDA BNRIGHT; lANE KEPNER; STANLIlY C. L VNN; NANEITE MARIELLA-MYERS;
MIKE P ARIZlNO; 1Al-dBS A.. S<;lIALIJ!R.; Costa Mesa, Cafifumia.....................................................................~.............................
. .~ . .
lis true and lawful attomay(s)-ln-lacl, wilh iuD authority to execute on lis behaD lide6ty and surety bonds or un_kings and oUler documents 01 a simllar character
Issued In the course oflls business, and to bind the respactiva """",any thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY Of AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
a1lBstedlhese presants
this 21st
day of lue.
, 2001
R.A. PIERSON, SECRETARY
~~Mt~~~E0-
.& t::/..e?~
CERnRCATE
Extract from the By-La1Ml of SAFECO INSURANCE COMPANY OF AMERICA
and olGENERAL INSURANCE COMPANY OF AMERICA:
-Artide V, Section 13. - FIDELITY AND SURETY BONDS... the President. any VIce Presldan~ !he Secretary, and any Assistant VIce President appointed for !hat
- _e by the oIlIcer In charge of surety operations, shaD each haveaulhorilyto appolntlrnflVlduals as aUomeys-ln-faclor undoroUler appropriale titleswilh aulhorilyto
execute 00 behalf of the company lidelifl' and surety bonds and oIhor documents of similar character Issued by the company In !he course of lis business... On any
Insfrumilnt mafdng or evldencIng such appolntmen~ the signatures may be affixed by lacsimDe. On any Instrument conferring such aulhorily or 00 any bond or
under1aldng of the company, the seal, or a lacslmDethereol. may be Impressed or affixed or In any oIhor manner reproduced; provided, however,that the seal shaD not
be necessarylo the valdDyof any such Instrument or undertaking."
ExlracI from a Resolution of the Board ofDlreclors 01 SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted JUIy-28, 1870.
"On any _Ie executed byIhe Secretary or an asslsfantseaelaryof the CoITqJanyset1lng out,
(l) The provlslonsof ArtIcle V, Section 130fthe By-Laws, and '
(U) A copy of the power-<>f.<lttomeyappolnblle"~ executed pursuantthereto, and
(lD) Certlfytng that ssld power.of...uomeyappolntmentls In iuD fon:e and effect,
- the signature of the cel1lfylng officer may be by facsimRe, and the seal of the Corr4>any may be a facslmlle thereof."
I, RA Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do herebycertily that the
foregoing extracls 01 the By-La1Ml and of a Resolution of the Board of Directors oflhese corporations, and of a Power 01 Attorney Issued pursuant thereto, ere true and
cor-. and that boIh the By-Laws, the_ Resolution andthe Power of AtIomey ere stili In iuD fon:e and effect.
IN WITNESS WHEREOF, I have hereunto setmy hand and affixed the facslmne seal of said COIpOl8lIon
this
1St-
dey of
~
, r2tJOS.
.& t::/..e? ~
R.A. PIERSON, SECRETARY
S-0074/SAEF 2101
lD A fOgIstered ~ademar1c of SAFECO CorporstJon
6/21101 POF
ITEM 21
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
June 28, 2005
SUBJECT:
Award a Construction Contract for Fiscal Year 2005-2006 Street Striping
Program Project No. PW05-02
PREPARED BY:
Greg Butler, Principal Engineer
Brian Guillot, Assistant Engineer
RECOMMENDATION:
That the City Council:
1. Award a construction contract for Fiscal Year 2005-2006 Street Striping Program, Project
No. PW05-02 to Pacific Striping, Inc. in the amount of $99,555.00 and authorize the Mayor
to execute the contract.
2. Authorize the City Manger to approve change orders not to exceed the contingency amount
of $9,550.00, which is equal to 10% of the contract arnount.
BACKGROUND: On May 10, 2005 the City Council approved the plans and specifications for
the subject project and authorized the Public Work department to solicit construction bids. The
Street Striping Prograrn arranges for Citywide re-painting of street striping and pavement markings
twice per year for maintenance. The work may also include the removal of existing stripes and the
placement of new traffic stripes and pavernent markings as directed by the engineer in the field.
Five (5) bids were received and publicly opened on Wednesday, June 7, 2005. The results were as
follows:
1. Pacific Striping
2. C-18
3. PCI
4. J & S Sign
5. Sudhakar
$ 99,555.00
$147,924.50
$186,496.00
$186,552.40
$226,097.00
Staff has reviewed the bid proposals and found Pacific Striping, Inc. of Whittier, California to be the
lowest responsible bidder for this project. Staff has contacted references and determined that
Pacific Striping, Inc. has recently cornpleted sirnilar work for other agencies satisfactorily.
The work to be performed shall be completed within the fiscal year July 1, 2005, to June 30, 2006.
Additionally, City Staff may extend this contract in one year increments for each of the following
three (3) fiscal years beginning July 1 and ending June 30. The quantities of work and individual
unit prices shall be negotiated with the contractor at the time of extension. Renegotiated unit prices
shall be valid for that fiscal year. In no event shall the contract be extended beyond June 30, 2009.
R:\AGENDA REPORTSI20051062805\PW05-02 Award.DOC
A copy of the bid summary is available for review in the City Engineer's office. The engineering
estimate was $185,000.00.
FISCAL IMPACT: Adequate funds are available in the FY2005-06 Operating Budget for Public
Works Maintenance Division Striping/Stenciling and Public Works Traffic Division
Striping/Stenciling, Account No. 001-164-601-5410 and 001-164-602-5410 respectively. The total
project cost is $109,510.50.00, which includes the contract amount of $99,555.00 plus a 10%
contingency of $9,955.50.
ATTACHMENTS:
1. Contract
2
R:\AGENDA REPORTS\2005\062805\PW05-02 Award.DOC
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW05-02
FISCAL YEAR 2005-2006 STREET STRIPING PROGRAM
THIS CONTRACT, made and entered into the 2S'h day of June, 2005, by and between the Cityof
Temecula, a municipal corporation, hereinafter referred to as "CITY", and Pacific Striping, Inc.,
hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW05-
02, FISCAL YEAR 2005-2006 STREET STRIPING PROGRAM, Insurance Forms, this
Contract, and all modifications and amendments thereto, the State of California Standard
Plans and Specifications for Construction of Local Streets and Roads, (latest edition),
issued by the California Departrnent of Transportation, where specifically referenced in the
Plans, Special Provisions, and Technical Specifications, and the latest version of the
Standard Specifications for Public Works Construction, including all supplernents as
written and promulgated by Public Works Standards, Inc (hereinafter, "Standard
Specifications") as arnended by the General Specifications, Special Provisions, and
Technical Specifications for PROJECT NO. PW05-02, FISCAL YEAR 2005-2006
STREET STRIPING PROGRAM. Copies of these Standard Specifications are available
from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clernentine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW05-02, FISCAL YEAR 2005-2006 STREET STRIPING PROGRAM.
In case of conflict between the Standard Specifications and the other Contract
Docurnents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
CONTRACT
C-1
R:ICIPIPROJECTSIPW05IPW05.()2 StlipinglSpecslContract.dol
The Contract Docurnents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW05-02, FISCAL YEAR 2005-2006 STREET STRIPING PROGRAM
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: NINETY
NINE THOUSAND FIVE HUNDRED FIFTY FIVE DOLLARS and NO CENTS
($99,555.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period described in each individual work
order, commencing with delivery of a Notice to Proceed by CITY. Construction shall not
comrnence until bonds and insurance are approved by CITY.
5. TERM. The work to be perforrned shall be cornpleted within the fiscal year July 1, 2005, to
June 30, 2006, unless terminated or extended as provided herein. Work shall begin after
execution of the contract and a Notice to Proceed has been issued. The City reserves
the right to extend this contract in one year increments for each of the following
three (3) fiscal years beginning July 1, 2006. The quantities of work and individual
unit prices shall be negotiated with the contractor at the time of extension.
Renegotiated unit prices shall be valid for that fiscal year. I n no event shall the
contract be extended beyond June 30, 2009.
6. CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an arnount not to exceed the contingency as
established by the City Council.
7. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payrnent request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
CONTRACT
C.2
R:ICIPIPROJECTSIPWDSIPWDS.()2 StripinglSpecslContractdot
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after subrnission of a payment request to the CITY, the CONTRACTOR shall be
paid a surn equal to one-hundred (100%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive rnonth as the work progresses.
C. Payrnents shall be rnade on demands drawn in the rnanner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been perforrned in accordance with the terrns of
the Contract, and that the amount stated in the certificate is due under the terrns of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall subrnit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the arnount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diern wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rates are available frorn the California
Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a rninimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by hirn or by any subcontractor under him, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR aione.
CONTRACTOR agrees to save, indemnify, hold harrnless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
CONTRACT
C-3
R:ICIPIPROJECTSIPW05IPW05-02 StripinglSpecslContract.dot
(CONTRACTOR's ernployees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs frorn Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatrnent with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or ernployee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its ernploy has been ernployed
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no clairns outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or i terns in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the tirnely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant inforrnation with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the perforrnance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during rnanufacture and construction and all other tirnes and
places, including without Iirnitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be perforrned in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be rnade within a reasonable time after cornpletion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
CONTRACT
C-4
R:ICIPIPROJECTSIPWOSIPWOS-02 StripinglSpecslContract.dot
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furtherrnore, the contractor/consultant covenants and agrees to their knowledge that no
board mernber, officer or employee of the City of Temecula has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than t he City of T emecula, and that if any such interest
comes to the knowledge of either party at any tirne, a full and complete disclosure of all
such information will be rnade, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Arnericans with Disabilities Act of 1990, Public Law 101-
336, as amended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Docurnents shall be perforrned by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
Williarn G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
Williarn G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
CONTRACT
C-s
R:ICIPIPROJECTSIPWOSIPW05-02 StnpinglSpecslContract.dot
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
Pacific Striping, Inc.
P.O. Box 1691
Whittier, CA 90609
(562) 945-7805
Scott Fisher, President
DATED:
CITY OF TEMECULA
Jeff Comerchero, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
CONTRACT
C.e
R:ICIPIPROJECTSIPW05IPW05-ll2 StripinglSpecslContract.dot
ITEM 22
ORDINANCE NO. 05-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA
MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY
CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE
REGULATION THEREOF
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 9.50 is hereby added to the Temecula Municipal Code to read as
follows:
"CHAPTER 9.50
BINGO
Section 9.50.010. Definitions.
Whenever, in this chapter or in any resolution or standard adopted by the City Council
pursuant to this chapter, the following terms are used, they shall have the meanings
respectively ascribed to them in this section, unless it is apparent from the context thereof
that sorne other meaning is intended:
A. "Bingo" means a game of chance in which prizes are awarded on the basis of
designated numbers or symbols on a card which confonn to numbers or syrnbols selected at
random. The game may include cards having numbers or symbols which are concealed and
preprinted in a rnanner providing for distribution of prizes. The winning cards shall not be
known prior to the garne by any person participating in the playing or operation of the bingo
game. All such preprinted cards shall bear the legend, "for sale oruse only in a bingo game
authorized under California law and pursuant to local ordinance."
B. "Minor" is any person under the age of eighteen (18) years.
C. "Qualified organization" is a mobilehorne park association, a senior citizens
organization, an organization exempted frorn the payrnent of the bank and corporation tax by
Sections 23701 a, 23701 b, 23701 d, 23701 e, 23701f, 23701 g and 237011 of the Revenue
and Taxation Code, or the City of Temecula.
D. "City Manager" shall mean the City Manager of the City ofT emecula or his or
her designee.
Section 9.50.020. Authority.
The authority for this chapter is contained in Section 19 of Article IV of the California
Constitution and Section 326.5 of the Penal Code.
Section 9.50.030. License required.
A. It is unlawful for any organization to conduct any bingo games in the City unless
such organization is a qualified organization and has been issued a license as provided in
this chapter.
R:/Ords 2005/0,ds 05-09
B. It is unlawful for any person to conduct any bingo games in City unless such
person is a member of a qualified organization acting on behalf of such qualified
organization that has been issued a license as provided by this chapter.
Section 9.50.040. Application for license.
Applications for a license or renewal thereof shall be filed with the City on forrns prescribed
by the City Manager and shall be signed under penalty of pe~ury. Such applications shall be
filed:
A.
games;
Not less than thirty (30) days prior to the proposed date of the bingo game or
B. Not later than thirty (30) days after obtaining written verification from the
planning departrnent that there is improved vehicular access to the prernises wherein a
bingo game is to be conducted and that such premises contain off-street vehicle parking
facilities on the basis of not less than one parking space for each two seats and that the use
and location otherwise comply with all applicable provisions of the Temecula Municipal
Code; one seat is defined as an area of seven and one-half square feet; and
C. Not later than thirty (30) days after obtaining written verification from the
building and safety department that the operation of such game or games at the proposed
location is in cornpliance with all applicable provisions of the Temecula Municipal Code.
Section 9.50.050. Term of license and fees.
A. The term of a bingo license is twelve (12) months and rnay be renewed.
B. The fee for an initial bingo license shall be fifty dollars ($50.00) and shall
accornpany the filing of the application. A license may be renewed upon the payment of a
renewal fee of fifty dollars ($50.00) which has been paid at least thirty (30) days prior to the
expiration of the terrn of the current license and provided the applicant is in good standing
under the current license. When the renewal fee is not paid at least thirty (30) days prior to
expiration of the current license, an additional late fee of twenty-five dollars ($25.00) shall be
paid.
Section 9.50.060. Application investigation.
A. Upon receipt of an application for a license, along with the appropriate fee,
the City Manager shall investigate the truth of the matters set forth in the application and the
character of the applicant, and may exarnine the prernises to be used for the bingo game or
games.
B. The City Manager may make inquiries to any office or department of the City,
and to any State of California and federal agencies which the City Manager deems essential
in order to carry out a proper investigation of applicant and the organization.
C. Upon completion of the investigation, the City Manager shall approve,
conditionally approve or deny the application for a bingo license in accordance with the
terms of this Chapter and notify the applicant in writing.
R:/O,ds 2005/0rds 05-09
2
Section 9.50.070. License not transferable.
A. Each license issued hereunder shall be issued to a specified qualified
organization to conduct a bingo game at a specific location and shall in no event be
transferable from one organization to another nor frorn one location to another.
Section 9.50.080. Limitations.
A. A qualified organization shall conduct a bingo game only on property owned
or leased by it, or on property whose use is donated to such organization, and which
property is used by such organization for an office or for the performance of the purposes for
which the organization is organized. Nothing in this subsection shall be construed to require
that the property owned or leased by, or whose use is donated to, the organization be used
or leased exclusively by, or donated exclusively to, such organization.
B. No rninors shall be allowed to participate in any bingo game.
C. All bingo games shall be open to the public, not just to the members of the
qualified organization.
D. A bingo game shall be operated and staffed only by rnembers of the qualified
organization which organized it. Only the organization authorized to conduct a bingo garne
shall operate such game or participate in the promotion, supervision or any other phase of
such game. Such organization shall have written policies incorporated in its constitution,
articles, by-laws or other regulations setting forth the rnanner in which a person may become
a member of the organization, and absent any such written policies, it shall be presumed
that the organization has no members who may operate and staff a bingo game. This
subsection does not preclude the employment of security personnel, who are not mernbers
of the qualified organization, at a bingo game by the organization conducting the garne.
E. No person shall receive or pay a profit, wage, salary or percentage from any
bingo game authorized by this chapter.
F. No individual, corporation, partnership or other legal entity except the
organization authorized to conduct a garne shall hold a financial interest in the conduct of
such bingo garne.
G. With respect to organizations exempt from payment of the bank and
corporation tax by Section 23701d of the Revenue and Taxation Code, all profits derived
from a bingo game shall be kept in a special fund or account and shall not be commingled
with any other fund or account. Such profits shall be used only for charitable purposes, that
is, for the purposes for which such organizations are organized pursuant to their articles of
incorporation or for purposes clearly incidental thereto. With respect to other organizations
authorized to conduct bingo garnes pursuant to the provisions of this chapter, all proceeds
derived frorn a bingo garne shall be kept in a special fund and account and shall not be
commingled with any other fund or account. Such proceeds shall be distributed to
organizations that are tax exernpt under Section 23701 d of the Revenue and Taxation Code
to be used for charitable purposes as above defined, except as follows:
1.
Such proceeds may be used for prizes.
R:/O,ds 2005/0,ds 05-09
3
2. A portion of such proceeds, not to exceed twenty (20) percent of the
proceeds before the deduction for prizes, or two thousand ($2,000.00) per month,
whichever is less, may be used for rental of properly, overhead, including the
purchase of bingo equipment, adrninistrative expenses, security equipment and
security personnel. The licensee shall keep full and complete accounting records
supported by properly executed contracts, leases, receipts, and other related
documents which pertain to all monies, or other forms of income, collected in
connection with the conduct of any of its bingo garnes, disbursed for expenditures in
connection therewith and remaining or distributed for charitable purposes. Such
records shall be clearly identified and readily accessible. At the end of each month
during which any bingo game is conducted, the licensee shall file with the City a full
and complete financial report accounting for the funds remaining or distributed for
charitable purposes, in such form as prescribed by the City Manager.
3. Such proceeds may be used to pay license fees.
H. No person shall be allowed to participate in a bingo game unless the person
is physically present at the time and place in which the bingo game is being conducted.
I. The total value of prizes awarded during the conduct of any bingo games
shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each
separate garne which is held.
Section 9.50.090. Inspection/Audit.
A. Any peace officer or official of the City designated by the City Manager shall
have free access to any bingo game licensed ljnder this Chapter. The licensee shall have
the bingo license, lists of approved staff and accounting documents relating to all monies
collected, disbursed and distributed available to such peace officer for inspection at all tirnes
during any bingo game or during licensee's normal business hours.
B. Officials of the City shall have the right to exarnine and audit the records of
the licensee related to its bingo operations at any reasonable time, and the licensee shall
fully cooperate with such officials by making such records available. If a City examination or
audit discloses fraud, inappropriate use of proceeds, or violation of the provisions of this
Chapter or state law, the licensee shall pay for the City's costs incurred in the examination or
audit.
Section 9.50.100. Denial of application, license or suspension or revocation.
A. The City Manager may deny an appiication for a bingo license, if he or she
finds:
1. That the applicant does not fulfill the specific requirements for such
license as set forth in this chapter;
2. That the applicant, or any agent or representative thereof, has
knowingly made any false, rnisleading or fraudulent statement of a material fact in
the application or any document in connection therewith;
R:/O,ds 2005/0,ds 05-09
4
3. That the applicant, or any of its members, is not of good moral
character. If the applicant has, or any of its rnembers have, been convicted of any
felony under the laws of this state or has been previously convicted of an offense
under the laws of any other state of the United States which offense if committed in
this state would have been punishable as a felony, it shall be presumed that the
applicant is not of good moral character; or,
4. That the applicant is unfit to conduct bingo garnes.
B. The City Manager may suspend or revoke a license if he or she finds:
1. That the licensee has, or any of its rnembers have, violated any of the
provisions of this chapter; or
2. That the bingo games will not comport with the public welfare for any
reason or that the same have been conducted in an illegal, improper or disorderly
manner, or in a manner substantially different frorn that described in the application,
or for any reason for which the license application could have been denied.
C. If, after an investigation, the City Manager deterrnines that a bingo license
should be suspended or revoked or that an application for such license be denied, he or she
shall prepare a notice of suspension or revocation or denial of application setting forth the
reasons for such suspension, revocation or denial. Such notice shall be served personally
on the licensee or applicant, or sent by registered or certified rnail, postage prepaid, return
receipt requested to the licensee's or applicant's last address as provided in the application.
D. Any organization whose bingo license has been denied or revoked may not
apply for a license to conduct any bingo games for a period of one year frorn the date notice
of such denial or revocation was served on it, or if affirmed on appeal by the city council as
provided in Section 9.50.110, frorn the date of such affirmation; provided, however, if the
reason for revocation is cancellation of the exemption granted under Section 23701(a),
23701(b), 23701(d), 23701(e), 23701 (f), 23701(g) and 23701(1) of the Revenue and
Taxation Code, such organization may again apply for a bingo license upon proof of
reinstatement of such exemption.
Section 9.50.110. Appeal.
A. Any person who has had an application for a bingo license denied by the City
Manager, or who has had a bingo license suspended or revoked by the City Manager rnay
appeal the decision of the City Manager by filing with the City Clerk, within fifteen (15) days
after the date of such decision, a written notice of appeal briefly setting forth the reasons why
such denial, suspension or revocation is not proper. The City Clerk shall give written notice
of the time and place of the hearing to the appellant.
B. Such appeal shall be heard by the City Council which rnay affirm, amend or
reverse the decision or take such other action as it deems appropriate. In conducting the
hearing, the city council shall not, be Iirnited by the technical rules of evidence.
R:/O,ds 2005/0,ds 05-09
5
Section 9.50.120. Violations - Penalties
A. Any person violating any of the provisions or failing to comply with any of the
requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof,
shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by
irnprisonment in the county jail for a period of not more than six months, or by both such fine
and imprisonment.
B. Notwithstanding provisions of subsection A of this section, any violation of
Section 9.50.080(E) shall be punishable by a fine not to exceed ten thousand dollars
($10,000.00). Such fine shall be deposited in the general fund of the City.
C. All sanctions provided in this chapter shall be cumulative and not exclusive.
Section 9.50.130. Other remedies.
The provisions of Section 9.50.120 are to be construed as added remedies and not in
conflict or derogation of any other actions or proceedings or rernedies otherwise provided by
law.
Section 9.50.140 City Bingo Regulations.
The City Manager is hereby authorized to enact such administrative regulations as are
necessary or convenient to implement the provisions of this Chapter."
Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to
be unconstitutional or otherwise invalid, such decision shall not affect the validity of the rernaining
provisions of this ordinance. The City Council hereby declares that it would have passed this
ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more
sentence, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 3. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the sarne or a summary thereof to be published and
posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this _ day of _, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Ords 2005/0,ds 05-09
6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-09 was duly introduced and placed upon its first reading at a rneeting of
the City Council on the 14th day of June, 2005 and that thereafter, said Ordinance was duly adopted
and passed at a meeting of the City Council on the _ day of _, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Ords 2005/0,ds 05-09
7
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
JUNE 14, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
7:51 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Comerchero, Edwards, Naggar, Roberts,
and Washington
ABSENT:
o
DIRECTORS:
None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of May 24, 2005.
2 First Amendment to the Janitorial Maintenance Services Contract for Park Restrooms
and Picnic Shelters with Morris Mvers Maintenance for FY 2005-2006
RECOMMENDATION:
2.1 Approve the First Amendment with Morris Myers Maintenance for $70,000 and
extend the agreement through June 30, 2006.
3 First Amendment to South coast Heatino and Air Conditionino Aoreement
RECOMMENDATION:
3.1 Approve the First Amendment with Southcoast Heating and Air Conditioning for
$35,000 plus a 10% contingency of $3,500 and extend the agreement through
June 30, 2006.
4 Second Amendment to Tremco/Weatherproofino Technolooies. Inc. Aqreement
RECOMMENDATION:
4.1 Approve the Second Amendment with Tremco/Weatherproofing Technologies,
Inc. for $50,000 and extend the agreement to June 30, 2006.
R:\Minutes.csdI061405
5 First Amendment to the Facility Alarm Systems Service and Monitorina Aareernent with
Computer Alert Svstems for FY 2005-06
RECOMMENDATION:
5.1 Approve the First Amendment with Computer Alert Systems, Inc. for $25,000 and
extend the agreernent through June 30, 2006.
6 First Amendment to the Elevator Service and Monitorina Aareement with ThyssenKrupp
Elevator for FY 2005-06
RECOMMENDATION:
6.1 Approve the First Amendment with ThyssenKrupp Elevator Company for $25,000
plus a 10% contingency of $2,500 and extend the agreement through June 30,
2006.
MOTION: Director Comerchero moved, seconded by Director Edwards, to approve Consent
Calendar Itern Nos. 1 - 6. Electronic vote reflected unanirnous approval.
PUBLIC HEARING
7 TCSD Proposed Rates and Charaes for Fiscal Year 2005-2006
RECOMMENDATION:
7.1 Open the public hearing and continue to June 28, 2005.
Because not all the required homes received notice of this hearing, President Washington
advised that staff has renoticed this public hearing for June 28, 2005, at which time a full report
will be provided by staff and all interested person may address the District.
At this time, the public hearing was opened.
MOTION: Director Naggar rnoved to continue this item to the June 28, 2005, District meeting.
The motion was seconded by Director Comerchero and electronic vote reflected unanimous
approval.
DISTRICT BUSINESS
8 Review and Adoption of the FY2005-2006 Annual Operatina Budaet
RECOMMENDATION:
8.1 Adopt a resolution entitled:
R\Minutes.csd\06140S
2
RESOLUTION NO. CSD 05-16
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
THE FY2005-06 ANNUAL OPERATING BUDGET AND
ESTABLISHING CONTROLS ON CHANGES IN
APPROPRIATIONS
By way of a PowerPoint Presentation, General Manager Nelson reviewed the proposed Annual
Operating Budget.
MOTION: Director Roberts moved to adopt Resolution No. CSD 05-16. The motion was
seconded by Director Edwards and electronic vote reflected unanirnous approval.
President Washington thanked staff for their associated efforts with regard to this document.
DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
GENERAL MANAGER'S REPORT
No additional comment.
BOARD OF DIRECTORS' REPORTS
No additional comments.
ADJOURNMENT
At 7:59 P.M., the Ternecula Community Services District meeting was formally adjourned to
Tuesday, June 14, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
R:\Minutes.csdI061405
3
ITEM 2
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
Board of Directors
FROM:
Herman D. Parker, Director of Community Services Department
DATE:
June 28, 2005
SUBJECT:
Second Amendment to the City,vide Tree Maintenance Services Contract
PREPARED BY:
W Jerzy Kanigowski, Facility Maintenance Coordinator
RECOMMENDATION:
That the Board of Directors:
1. Approve the Second Amendrnent with West Coast Arborists, Inc. for $100,000.00 plus a
10% contingency of $10,000.00 and extend the Agreement to June 30, 2006.
BACKGROUND: On July 22, 2003 the Board of Directors awarded a contract to West
Coast Arborists, Inc. for Citywide Tree Maintenance Services in the amount of $100,000.00. The
work performed includes tree and stump rernovals, root pruning, tree planting and emergency work
call-outs. This work is necessary to maintain the Citys urban forest.
This contract contains a provision that allows the contract to be extended on a yearly basis by
mutual agreement of both parties for up to three (3) years. Based on Staff's recomrnendation the
Board of Directors approved the First Amendment on June 22, 2004, which authorizes City Staff to
extend the contract thru June 30, 2005. The Second Amendment is now requested to authorize a
one (1) year extension, as permitted per original contract. The current 24-month contract is in the
arnount of $200,000.00.
The cost to provide services for fiscal year 2005-2006 is $100,000.00. This additional year of service
will increase the total contract amount to $300,000.00.
West Coast Arborists, Inc., has been providing this service to the City for several years and
continues to provide excellent service.
FISCAL IMPACT: The arnount of the contractfor Fiscal Year 2005-06 is $100,000.00. Sufficient
funds have been included in the TCSD Operating Budgets in account numbers 190-180-999-5415
and 193-180-999-5415.
ATTACHMENT:
1)
Second Amendment
R:lKANIGOWJlAgenda ReportlWest Coast Amend 2nd Amendment 0518 2005.doc1
SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF
TEMECULA COMMUNITY SERVICES DISTRICT AND
WEST COAST ARBORISTS, INC.
CITYWIDE TREE MAINTENACE SERVICES
FISCAL YEAR 2005-2006
THIS SECOND AMENDMENT is made and entered into as of June 28, 2005, by and
between the City of Temecula Community Services District, a municipal corporation ("City") and
West Coast Arborists, Inc. ("Contractor"). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On July 22, 2003 the City and Contractor entered into that certain
Agreement entitled "City of Temecula Community Agreement for Citywide
Tree Maintenance Services" ("Agreement") in the amount of $100,000.00
B. The original Agreement was amended on June 22, 2004 in order to increase
the payment for additional services in the amount of $1 00,000.00
C. The parties now desire to increase the payment of the Agreement in the
amount of $100,000.00.
2. TERM: Section 1 of the Agreement is amended to extend the term of the
Agreement to June 30, 2006.
3. PAYMENT: The first paragraph of Section 3, "PAYMENT", of the Agreement is
amended to read: "The City agrees to pay Contractor monthly, in accordance
with the payment rates and terms and the schedule of payment as set forth in
Exhibit B, Payrnent 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 Three Hundred Thousand Dollars and 00 Cents (300,000.00) for
Citywide Tree Maintenance Services, for the term of the Agreement, unless
additional payment is approved as provided in this Agreement.
4. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
1
R:\KANIGOWJINEW AMENDMENTS OS-Q6IWCA OS-(J6 2 ND AMEND 05 23 2oo5.DOC
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
West Coast Arborists, Inc.
220 E. Via Burton St.
Anaheim, CA 92806
(714) 991-1900
Patrick O. Mahoney, President
BY:
NAME:
TITLE:
( Two Signatures required for Corporations)
2
R:1KAN1GOWJ\NEW AMENDMENTS 05-06\WCA 05-06 2 ND AMEND 05 23 Zoo5.DOC
Tree Care Professionals Serving Communities Who Care About Trees
www.WCAINC.com
March 22, 2005
RECEIVED
MAR 2 3 2005
City uf rernecula
A/TN: Mr. Brad Buron
43200 Business Park Drive
Temecula, CA 92589-9033
CITY OF TEMECULA
PUBLIC WORKS DEPARTMENT
RE: Renewal of Tree Maintenance Agreement for Fiscal Year 2005-2006
De'lf Mr. Buron..
Thank you for providing West Coast Arborists, Inc. (WCA) with the opportunity to be of
service to the City of T ernecula. It is our sincere hope that the City is cornpletely satisfied
with the service that was provided during this past fiscal year.
The term of the agreement for tree rnaintenance services between WCA and the City allows
for an extension on a year-to-year basis upon mutual consent. The purpose of this letter is to
express our interest in extending the term of the Agreement under the same conditions, and
with no increase in price, for fiscal year 2005-2006. We understand that municipalities
remain challenged by 5ubstantial reductions in revenue and increased operating costs. By
not increasing the price, we can help to ease the current financial strain, prornote contractor
stability and guarantee residents with quality tree care & customer service.
We look forward to continuing the strong relationship built between uS,and to maintaining
quality urban tree care service. Should you have any questions or require additional
information, please contact me at (800) 521-3714.
Since-relY,
v;0.~~:,~
Director of Marketing
West Coast Arborists, Inc.
. .
. .
... ..
.t.
II .11
,. .
CITY OF TEMECULA
TREE TRIMMING RFP
BID PRICES FOR PROPOSED TREE TRIMMING CONTRACT
Based On Approximately 7,500 Trees In Various Locations Throughout the City of Temecula
.": '-:::';L~;~';;",:,
STREET TREE TRIMMING. CLEARANCE TRIM
STREET TREE AESTHETIC TRIMMING - FULL TRIM
PALM TREE TRIMMING
COMPLETE TREE & STUMP REMOVAL
STUMP REMOVAL
ROOT PRUNING WITHOUT ROOT BARRIER
ROOT PRUNING WITH ROOT BARRIER
10' X 18. DEEP ROOT OR EQUIVALE
TREE PLANTING:
15 gaL w/root barrier
15 gal. w/o root barrier
24 Inen box wlroot barrier
24 Inch box wlo root barrier
waterln
CREW RENTAL - 3 MEN, AERIAL UNIT, DUMP TRUCK
& CHIPPER
CREW RENTAL - 2 MEN, AERIAL UNIT, DUMP TRUCK
& CHIPPER
CREW RENTAL - 1 MAN
EMERGENCY WORK CALL OUT . 3 MEN INCLUDING
ALL NECESSARY EQUIPMENT, DISPOSAL FEES, AND
ZERO MATERIAL MARK-UP
$ 19.50 eaen
$ 30.00 each
$ 19.50 each
$ 14.50 diameter Inch
$ 4.50 diameter Inch
$ 50.00 each
$ 100.00 each
$ 100.00 each
$ 85.00 each
$ 200.00 each
S 185.00 each
$ 395.00 da
$ 105.00 hour
$ 70.00 hour
$ 35.00 hour
$ 200.00 hour
,. Attaen a statemenr of qual~ioations outlining the contractors col'pQI'ate profile and contractor's experience In
providing lrge trimming services as required by the RFP.
2. Attach a list of client references.
3. Selected contractor will provide the following documenlaUon upon execution olllle contract:
. Certificate of Insurance as outlined in the requlremenrs in attachment 6.
· Completed W-9 lorm
. Copy of City 0' Temecula Business License
4. It is Intended that other public agencies (i.e., city, special district, pUblic authority, pUblic agency, and
other political sub-divlsion of the State of Califomian) located in Riverside County shall have the option
to participate in any agreement created as a result of this Request for Proposal with the same terms
and conditions as to the price of the product and/or service. The City of Temecula shall Inour no
financial responsibility in oonnection with a purohase order from another public agency. Any public
13
agency that "piggy-backs" on any negotiated contract between the City of Temecula and vendor shall
accept sole responsibility for negotiating, placing orders, and making payment to vendor.
)
5. Vendor's agreement or failure to agree to the "piggyback" clause will not be a factor in award of the
contract. .
Check one of the following:
o The prices, terms, and conditions In our bidfproposal are not extended to any other agency.
o I hereby agree to extend all prices, terms, and conditions of my bldfproposal to any other public
agency located In Riverside County with the following exception(s) noted on the attached. .
~ I hereby agree to extend all prices, terms, and conditions of my bldfproposal to any other public
agency located In Riverside County with no exceptions.
Victor M. Gonzalez. Director of Market:!.:
NamelTitleJDate May 20. 2003
iJ,~M(~
Signature
1d.
ITEM 3
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman D. Parker, Director of Community service~
DATE:
June 28, 2005
SUBJECT:
Second Amendment to the Midori Gardens, Inc. Maintenance
Services Contract
PREPARED BY:
& Jerzy Kanigowski, Facility Maintenance Coordinator
RECOMMENDATION:
The Board of Directors:
1. Approve the Second Amendment with Midori Gardens, Inc. for $71,574.00 plus a 10%
contingency of $7,157.40.
BACKGROUND: On November 25,2003 the Board of Directors awarded a thirty six (36)
month contract to Midori Gardens, Inc. to provide landscape maintenance services for neighborhood
parks in the amount of $360,000.00.
The Contract was amended on December 14, 2004 to provide a 3% Consumer Price Index (CPI)
increase in the amount of $10,800.00 and allowed for the addition of Harveston Lake Park in the
amount of $40,800.00. Thus bringing the total contract amount to $411,600.00.
The Second Amendment is now requested to authorize the addition of the Redhawk Park Sites (A,
B, E, F) and general maintenance of the tennis courts at the Temecula Valley High School.
Midori Gardens, Inc. continues to provide consistent quality landscape maintenance services
throughout our neighborhood parks.
FISCAL IMPACT: The cost of the Second Amendment with Midori Gardens, Inc. for additional
Landscape Maintenance Services to be provided through December 31,2005 is $71,574.00 plus an
additional ten percent (10%) contingency of $7,157.40. Sufficient funds have been included in the
TCSD Operating Budget.
Attachments:
1) Amendment No 2.
R:\KANIGOWJ\Agenda Report\Midori LS 2005-06 Amend 2.doc
SECOND AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT AND
MIDORI GARDENS, INC.
FOR
MAINTENANCE SERVICES
THIS SECOND AMENDMENT is made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, a municipal corporation ("City") and Midori
Gardens, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On November 25, 2003 the City and Contractor entered into that certain
agreement entitled "City of Temecula Community Services District
Agreement for Maintenance Services ("Agreement") in the amount of
$360,000 annually.
B. The original Agreement was amended on December 14, 2004 in order to
increase the payment for additional services in the amount of $51,600.00
C. The parties now desire to increase the payment of the Agreement to the
amount of $71,574.00 for additional Redhawk Parks Sites and Temecula
Valley High School Tennis Court.
2. The first paragraph of Section 3, of the Agreement" PAYMENT" is amended to
read: "The City agrees to pay Contractor monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit A, Payment Rates
and Schedule, 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 Four Hundred Eighty Three Thousand One
Hundred Seventy Four Dollars and 00 Cents ($483,174.00) for Landscape
Maintenance Services, for the term of the Agreement, unless additional payment
is approved as provided in this Agreement."
3. Except for the changes specifically set forth herein, all other terms and condition
of the Agreement shall remain in full force and effect.
11/////////
R:lKANIGOWJINew Amendments 05-06lMidori Gardens Second Amendment 05-06.doc
1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
BY:
Chuck Washington, President
ATTEST:
BY:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONTRACTOR
Midori Gardens, Inc.
3231 S. Main Street
Santa Ana, CA 92590
(714)751-8792 (phone) (714)751-4167 (fax)
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
(Two Signatures Required For Corporations)
R:lKANIGOWJlNew Amendments 05-06lMidori Gardens Second Amendment 05-06.doc
2
EXHIBIT A
Pricing Sheet for Landscape Maintenance
NEIGHBORHOOD PARKS SERVICE AREA
Site # Site Name Monthlv Price Annual Price
P-1 Veterans Park $ 1,508.84 $ 18,106.08
P-2 Sam Hicks Monument Park 1,626.29 19,515.48
P-3 Calle Aragon Park 134.17 1,610.04
P-4 Bahia Vista Park 134.17 1,610.04
P-5 Loma Linda Park 1,219.72 14,636.64
P-6 Riverton Park 2,032.86 24,394.32
P-7 John Magee Park 406.57 4,878.84
P-9 Voorburg Park 101.64 1,219.68
P-10 Nicolas Road Park 1,219.72 14,636.64
P-11 Butterfield Stage Park 1,219.72 14,636.64
P-12 Temecula Duck Pond 2,846.00 34,152.00
P-13 Rotary Park 243.94 2,927.28
P-14 Nakayama Park 101.64 1,219.68
P-15 Winchester Creek Park 1,626.29 19,515.48
P-16 Long Canyon Creek Park 1,271.22 15,254.64
P-17 Vail Ranch Park 6,260.94 75,131.28
P-18 Stephen Michael Linen Jr. Memorial Park 813.14 9,757.68
P-19 Pablo Apis Park 813.14 9,757.68
P-20 Crowne Hill Park 1,463.64 17,563.68
P-21 Meadows Park 2,032.86 24,394.32
P-22 Crowne Hill Park A 2,032.86 24,394.32
P-23 Serena Hills Park 1,321.35 15,856.20
P-24 Harveston Lake Park 3,400.00 40,800.00
SS-1 Via Eduardo Streetscape 129.38 1,552.56
FC-1 Nada Lane 103.00 1,236.00
T-1 Santa Gertrudis Trail 236.90 2,842.80
*P-25 Redhawk Park A 727.00 8,724.00
*P-26 Redhawk Park B 817.00 9,804.00
*P-27 Redhawk Park E 3,245.00 38,940.00
*P-28 Redhawk Park F 6,550.00 78,600.00
*SC-4 Temecula Valley High School Tennis Court 590.00 7,080.00
TOTAL $ 46.229.00 $ 554.748.00
(* New Area)
Authorized Signature
R:lKANIGOWJlNew Amendments 05-06lMidori Gardens Second Amendment 05-06.doc
3
Pricing Sheet for Landscape Maintenance Services
New Landscape Maintenance Service Areas
Maintenance Service Area
Sports Park Service Area (includes ballfield prep.)
Neighborhood Park Service Area
Slope Service Area
Median Service Area
Community Facility Service Area
Trail Service Area
Ballfield Preparation (Single field/Mon.-Fri.
Includes trash removal).
Ballfield Preparation (Single field/Sat.&Sun.
Includes trash removal).
Price per Square Foot
Monthlv Annuallv
NO BID sq. ft.
.010 .12 sq. ft.
.015 .18 sq. ft.
NO BID sq. ft.
NO BID sq. ft.
.007 .084 sq. ft.
NO BID per field
NO BID per field
Authorized Signature
R:\KANlGOWJ\New Amendments 05-06\Midori Gardens Second Amendment 05-06.doc
Landscape Maintenance Extra Work
Price Sheet
I.
Turf Maintenance (All turf areas)
1. Mowing (Including bagging of clippings)
2. Edging
3. String Trimming
4. Aerification (Core/3")
5. Aerification (Deep Tine/6")
6. Weed Removal (Manual)
7. Pest Control (Manual)
8. Fertilization (Placement only)
9. Materials (Fertilizer, Soil Amends)
Unit Cost
$ .022
.005
.005
.005
.007
19.00
30.00
.0006
20%
II.
General Landscape Maintenance (Planters and Slope areas)
1. Edging (Ground Cover) $
2. Trimming (Shrubs, Ground Cover)
3. Pruning/Shrubs, Vines, Roses
4. Pruningrrrees (To 18')
5. Weed Removal (Manual)
6. Pest Control (Manual)
7. Fertilization (Placement only)
8. Vegetation Removal
9. Materials (Fertilizer, Soil Amends)
.005
.015
.03
50.00
19.00
30.00
.0006
.03
20%
III.
Plant Material (Installed, all areas)
1. Annual Color (4" Container)
2. Ground Cover
3. One (1) Gallon
4. Five (5) Gallon
5. Fifteen (15) Gallon
6. 24" Box Tree
7. Seeded Turf
8. Sodded Turf
9. Hydroseed
10. Soil Preparation (Existing area)
11. Soil Preparation (New area) .
12. Wood Mulch
$ 1.56
16.00
6.00
16.00
65.00
250.00
.30
1.00
.60
.30
.40
50.00
IV. Irrigation System Maintenance
$ 25.00
25.00
20%
1. Inspection
2. Repair (Main line, Lateral line, Sprinklers)
3. Parts
V. General Pest Control
1. Written Recommendation by PCA $
2. Qualified Applicator (QAC)
3. Trained Applicator
4. Material
60.00
35.00
25.00
20%
R:\KANIGOWJ\New Amendments 05-06\Midori Gardens Second Amendment 05-06.doc
sq. ft.
linear ft.
linear ft.
sq. ft.
sq. ft.
per man hr.
per man hr.
sq. ft.
mark-up
linear ft.
sq. ft.
sq. ft.
each
per man hr.
per man hr.
sq. ft.
sq. ft.
mark-up
each
flat
each
each
each
each
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
cu. yd. (applied)
per hr.
per hr.
mark-up
each
per hr.
per hr.
mark-up
p.l
Jun 13 05 OS:28a
-- --- ..
addoft
gardens
3231 S. Main St., Santa Ana, Ca. 92707 714-751-8792
June 9, 2005
City of Temeculll
43200 Business Park Drive
Temecula, CA. 92589
PROPOSAL #7486
JOB #1577
(REVISED COpy)
Attn: Rick Serven
RE: New Park Areas
Landscape maintenance according to our existing specifications as follows:
Park A.......... 0.................... 0...... 0........0....0......0....0. ..$727 .OO/month
Park B........ ..0... ...... ........... .., .................. ... ....... ......$817 .OO/month
Park E. 0............... 0.... 0................. ......................... ...$3,245.00/month
Park F.............. ...... ........... .... ....... ........ ....... ...... ......$6,5S0.00/month
NOTE: Proposal includes additional cost for Dog Park services as well as a 3% c.P.!.
as agreed upon.
SUBMI DBY /SIGNATURE
~~ . ~ k~~t1O
APPROVED BY / SIGNA TURE
TITLE
DATE
PLEASE SIGN. DATE & RETURN TO: MIDORl GARDENS @ (714-751-4167).
THANK YOU.
FAX (714) 751-4167
Landscape ServiJes
C-27 308373 / PCL 35527
ITEM 4
TO:
FROM:
DATE:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
Boards of Directors //
Herman D. Parker, Director of Community service~
June 28, 2005
SUBJECT:
Temecula Community Services District Fiscal Year 2005-2006 Annual
Maintenance Agreements
PREPARED BY: r\(Jerzy Kanigowski, Facility Maintenance Coordinator
RECOMMENDATION: That the Boards of Directors approve the minor annual maintenance and
construction contracts for Fiscal Year 2005-2006 with:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Rizzo Construction, for an amount not to exceed
Murrieta Development, for an amount not to exceed
Monteleone Construction Inc. for an amount not to exceed
Power Distributors Inc. for an amount not to exceed
Alexander Pacific, for an amount not to exceed
Strong Painting, for an arnount not to exceed
Imperial Paving Company, Inc., for an amount not to exceed
N.P.G. Inc. for an amount not to exceed
Golden State Fence, for an amount not to exceed
Moore Fence, for an amount not to exceed
Craftsmen Plumbing, for an amount not to exceed
Steam Superior, for an amount not to exceed
Wurms Janitorial Services, for an amount not to exceed
Park Specialties, for an amount not to exceed
$200,000.00
$100,000.00
$100,000.00
$125,000.00
$100,000.00
$100,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 50,000.00
$ 50,000.00
$100,000.00
BACKGROUND: Each year the Temecula Community Services Department enters into numerous
maintenance and construction agreements with various contractors that perform minor maintenance
and construction jobs throughout the City. These jobs usually range in cost from over $1,000 to under
$25,000 and involve miscellaneous repairs to electrical, janitorial services, fencing, paving, grading or
excavation, playground equipment installation and repairs, plumbing, painting, general construction and
emergency call-out. Nevertheless, each job requires an agreement between the City and the contractor.
In an effort to streamline these contractual requirements, staff has taken measures to place under
agreement fourteen (14) contractors that are very capable of performing routine jobs and emergency
repairs with little notice. Essentially, these agreements will give staff administrative tools needed to
R:\KANIGOWJ\Agenda Repon\Annual 05-06 Maint Agreements New 06 09 2005.doc
efficiently execute minor maintenance and construction work by having executed agreements which
satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of
work. This contracting technique is widely used by cities to employ a higher more responsive
maintenance capability. Also, in the event of emergency that can impinge the safety of the City facilities,
and other City maintained areas, these agreements can facilitate an expedient reaction and resolution
to adverse conditions without jeopardizing administrative requirements. It is important to understand
that the not to exceed $50,000.00 to $200,000.00 amounts does not necessarily mean it will be spent
but rather is a ceiling to operate on an as needed basis.
Although some jobs may be better accomplished by one contractor because of equipment availability,
timing issues and job location, every effort will be made by staff to distribute the work load evenly
between these contractors. The contractor will be responsible for providing a work proposal for each
job, which must be approved by staff before any work is started.
Staff mailed letters to thirty-six (36) contractors in the local area that could meet the described minor
routine maintenance and construction work required. The letters requested time and material pricing for
both labor and equipment rates. It also included holiday and ovemight rates. Twenty-two (22) out of the
thirty-six (36) contractors responded and provided competitive labor and equipment rates as seen in
Exhibit "B" of each agreement. The Staff has reviewed these rates and has determined they are
consistent with current prevailing wages and current hourly equipment rates previously paid by the City.
The contractors listed below responded to the request for time and material rates and are
recommended for a not to exceed $50,000.00 to $200,000.00 agreements for a one (1) year term.
Company Amount not to Exceed Term
1. Rizzo Construction $200,000.00 1 year
2. Murrieta Development $100,000.00 1 year
3. Monteleone Construction Inc. $100,000.00 1 year
4. Power Distributors Inc. $125,000.00 1 year
5. Alexander Pacific $100,000.00 1 year
6. Strong Painting $100,000.00 1 year
7. Imperial Paving Company, Inc. $ 75,000.00 1 year
8. N.P.G. Inc. $ 75,000.00 1 year
9. Golden State Fence $ 75,000.00 1 year
10. Moore Fence $ 75,000.00 1 year
11. Craftsmen Plumbing $ 75,000.00 1 year
12. Steam Superior $ 50,000.00 1 year
13. Wurms Janitorial Services $ 50,000.00 1 year
14. Park Specialties $100,000.00 1 year
FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2005-2006 City Wide Annual
operating budget.
R:\KANIGOWJ\Agenda Report\AnnuaJ 05-06 Maint Agreements New 06 09 2005.doc
ATTACHMENT:
1. Contractor Mailing List
2. Contracts
R:\KANIGOWJ\Agenda Report\Annual 05-06 Maint Agreements New 06 09 2005.doc
CONTRACTORS MAILING LIST
2005 - 2006
A.M. Electric
22785 Supa Court
Wildomar,CA 92595
764-5811 or 265-8397
A-1 Plumbing
18933 Calle Juanito
Murrieta,CA 92562
677-2808
Berck's Old Time Plumbing
41658 Ivy #121
Murrieta,CA 92562
676-7197
Craftsmen Plumbing
39525 Calle Portillo
Temecula,CA 92592
676-6838
DA Lewis Construction
163960penview
Ramona,CA 92065
760-703-3706
Dennis A Hibberts Plumbing
34415 Calac Road
Temecula,CA 92592
Golden State Fence
870 N. Main Street
Riverside,CA 92501
Hemet Fence
25959 Juniper Flats Road
Homeland,CA 92548
695-2268 fax 926-1398
Jan-Pro Cleaning Systems
3130 Skyway Drive #109
Santa Maria,CA 93455
888-228-9422
Keith McCann Heating Plumbing
28373 Felix Valdez, Ste. A-4
Temecula,CA 92590
Laursen Electric
26871 Hobie Circle, Suite A-6
Murrieta,CA 92562
Monteleone Contractors, Inc.
39054 Camino Hermosa
Murrieta,CA 92563
909 538-6537
Murrieta Development
42540 Rio Nedo Rd
Temecula,CA 92590
698-4400
Myrick Fence Company
4112 Seymour Street
Riverside,CA 92505
Nieman Construction
7028 Keighley Street
San Diego,CA 92120
619-583-2849
Park Specialties
P.O. Box 891833
Temecula,CA 92589
619-589-0609
Rizzo Construction
30145 Corte Plata
Temecula,CA 92591
676-3001
Spectrum Electrical Service
1828 Railroad St.
Corona,CA 92880
909-280-0111
Alexander Pacific
42274 Rio Nedo
Temecula,CA 92590
951 298-5835
D & J Foothill Electrical Contractors
2451 First Street
La Verne,CA 91750
Fence Builders
31709 Haun Road
Menifee,CA 92584
672-3259 fax 672-4160
Imperial Paving Co., Inc.
13555 E. Imperial Highway
Whittier,CA 90605
Landmark Fence Company, Inc.
3964 Mission Blvd.
Montclair,CA 91763
Moore Fence
P.O. Box 1297
Perris,CA 92570
676-6737
N P G Corporation
P.O. Box 1515
Perris,CA 92575
909 940-0200
Power Distributors Inc.
15245 E. Proctor Ave.
City of Industry,CA 91745
626-855-2580
Steam Superior Carpet Cleaning
27315 Jefferson Ave Ste J36
Temecula,CA 92590
951 699-5284
----
Strong's Painting
31265 Saddleback Lane
Menifee,CA 92584
909 679-4554
Toran Development & Construction
37110 Mesa Road
Temecula,CA 92592
Wiese & Sons
8823 Mesa Brook Way
Elk Grove,CA 95624
916-685-3573
CONTRACTORS MAILING LIST
2005 - 2006
Style Electric
26184 Lazy Creek Road
Sun City,CA 92586
679-9604 fax 679-9694
Town & Country Electric
41125 Via Del T oronjo
Temecula,CA 92592
698-2922
Witcher Electric
40405 Avenida Treblo
Temecula,CA 92590
951-203-8750
ThreeWire Electric Inc.
2265 Business Way
Riverside,CA 92501
684-7991
Westco Plumbing
25109 Jefferson Avenue
Murrieta,CA 92562
Wurm's Janitorial Services, Inc.
2060 Chicago Ave. #C-4
Riverside,CA 92507
951 782-8404
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CONSTRUCTION CONTRACT
(Minor Project)
THIS CONSTRUCTION CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and RIZZO CONSTRUCTION INC.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
I. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
construction work. The work under this Agreement is non-exclusive and Community Services District
reserves the right to hire other contractors to perform similar work. The procedure for assigning work is
set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full.
The Director of Community Services ("Director"), or his designee, is authorized to approve the work in
accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A ". The maximum amount of payment under this Agreement shall be Two Hundred
Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Rizzo 05-06.doc
of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREV AILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates
are on me with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777 .6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspel)ds or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
R:\KANIGOWJ\Contractor agreement\Contractof Agreement 05 - 06\Rizzo 05..Q6.doc
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE, Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code I (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(I) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Rizzo 05-06.doc
(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Rizzo DS..()6.doc
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATlON. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCA TlON. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTlFICA TION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTlON. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRlMINA TlON. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTlCE. 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:
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Rizzo 05-06.doc
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Rizzo Construction Inc.
30145 Corte Plata
Temecula, CA 92591
Phone (951) 676-3001
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROIDBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 ~ 06\Rizzo D5-06.doc
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
RIZZO CONSTRUCTION INC.
30145 Corte Plata
Temecula, CA 92591
(951) 676-3001
Contact Person Charles Rizzo
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHmIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services and/or construction upon real and personal property of the City of
Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or
minor construction work. The procedure for assigning work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Rizzo 05-06.doc
EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Rizzo 05-06.doc
Feb 18 05 05:46p
Rizzo Construction Inc.
(909)695-9210
p.2
Rizzo
Construction Inc.
PROPOSAL
GENERAL and INSULATION CONlRACTOR
BONDED . INSURED . LICENSE NO. 624315
P.O. BOX 301 TEMECULA . CA 92953
OFFICE: (909) 676-3001 . FAX: (909) 695-9210
TO: CITY OF TEMECULA
43200 BUSINESS PARK DR.
TEMECULA. CA. 92590
ATr: BRUCE WEDEKING
PROJECT VARIOUS PROJECTS FOR
MAINTENANCE DIVISION
CITY OF TEMECULA
TEMECULA, CA.
PHONE: 694-6480 FAX 694-6488
PHONE:
DATE:
2/1812005
SPECIFICA TlONS: VARIOUS PROJECTS GENERAL CONTRACT FISCAL YEAR 2005 - 2006
We propose to furnish all labor. material and equipment neee..ary to eumplete the following:
THIS PROPOSAl. IS FOR VARIOUS GENERAl.. CONSTRUCTION PROJECTS AND REPAIR WO~K A l' TIlE CITY OF
TEMECULA FACILITIES
PURCHASE ORDERS TO BE WKI'fTEN fOR EACH.
PROJECT THA T CAN BE QUOTF.D FOR AN EXACT AMOUNT SHELL BF. DONE SO. OTHF.R PROJECTS SHAI ,I. UE ON A
TIME & MATERIAL PLUS 20% MARK-UP BASF.S.
LABOR RATES REGULAR IIOURS 6AM TO 5PM n S 57.00 PER flOUR
: NIGHT HOURS 5PM TO I AM = $ 65.00 PER HOUR
: WEEKENDS '. $76.00 PER HOUR
EQUIPTMENT RF.NTAL SHALL BE PER THE GOING RATE UPON A V AIBII.ITY OF THE EQUIPTMENT NEEDED PLUS
DELlVIERY & PICK-UP.
IF BUILDING & SAFETY REQUIRES DRAfTED DRAWINGS. TIlE CITY MUST PROVIDE T!lEMOR TilEY WILL UE DONE
BY A ARCHITECT AND ENGINEER AT THEIR GOING RATF..
For the total sum ('If
(Sales Tax Included) Dollars
Terms: BIl.LlNG PER PROJECT. NET 30 DA YS
Perfonnanec oflhe work to be done in accordance with the best dcveloped indusny techniques.
The Company carries Workmans's Compensation and Public Liability and Propel1Y Damage Insul'lll1ce
This bid is based on the current price of labor and materi.l. Ifnot accepted 10 days from date hercol: the right is reserved
tl\it/oi9tnit a new bid. trthe services of an anorney be cmployed lor IIIc enforcement of any of the ohligations of the purchaser. or urthe
sclltr. either by suit or ofherwise, purchuscr agrees 10 pay reasonable attorney fees.
All orders accepted subjecr to clear....ce by our credit depllrtment and subject to signature of an officer of the Company at our direction.
All agreements contingent upon strikes, accidenrs, acts of God, orother-dclays ~yond our control.
NAME OF
OWNER
ACCl,,.IHl
TlTu;
llAT[;
~~o',~' ~ &;
BY ('t 11 ~J2Cr.L;JJ ' .-ft. CJp/)
/ . .?J -"'1'11'
.. /.
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CONSTRUCTION CONTRACT
(Minor Project)
THIS CONSTRUCTION CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and MURRIETA DEVELOPMENT CO.,
INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
construction work. The work under this Agreement is non-exclusive and Community Services District
reserves the right to hire other contractors to perform similar work. The procedure for assigning work is
set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full.
The Director of Community Services ("Director"), or his designee, is authorized to approve the work in
accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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of this contract; the acceptance by Contractor of the fmal payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof. for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
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persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officeTs, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work corrunences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before corrunencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
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performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR I S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Murrieta Development Co., Inc.
42540 Rio Nedo
Temecula CA, 92590
Phone (951) 719-1680
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
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TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
MURRIETA DEVELOPMENT CO., INC.
42540 Rio Nedo
Temecula CA, 92590
(909) 719-1680
FAX (951) 719-1684
Contact Person Dennis T. Cissel
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services and/or construction upon real and personal property of the City of
Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or
minor construction work. The procedure for assigning work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
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.
,MU1<'~RIETA DEVEWPMENT Co.. INC.
RENTAL RATES - OPERATED
PrevaUlng Wages
320 CAT $ 186.00 IHR
330 CAT $ 201.00 IHR
345 CAT $ 236.00 IHR
420 CAT $ 109.00 /HR
4300 L1NKBELT $ 201.00 IHR
COMPACTION EQUIPMENT
COMPACTION WHEEL-ON ANY EQUIPMENT $ 46.00 IHR
REX COMPACTOR $ 127.00 {HR
STOMPER $ 121.00 IHR
WACKER IVIBRATORY PLATE $ 115.00 /DAY
DOZERS
650 JOHN DEERE" ISLOPE BOARD $ 121.00 /HR
D~4H L:AT w/SLOPE: BOARD $ 121.00 IHR
D-6M CAT $ 144.00 IHR
D-6R CAT $ 155.00 IHR
LOADERS
926 CAT (1/2 Yard Buckeq $ 121.00 {HR
950 CAT (3/4 Yard Buckeq $ 132.00 /HR
SKlPLOADERS
JOHN DEERE 210.[. $ 98.00 /HR
MASSONRY-FERGUSON MF50 $ 98.00 /HR
.AlR COMPRESSORS I JACK HAMMERS $ 173.00 IDAY
AIR TESTING /PRESSURE TESTING (Equipment Only) $ 173.00 IDAY
BLOWER $ 86.00 IDAY
CEMENT MIXER $ 58.00 /DAY
CHOP SAW $ 115.00 {DAY
CREW TRUCK $ 29.00 /HR
DUMP TRUCK $ 86.00 IHR
DUMP TRUCK w ITRAlLER $ 109.00 /HR
END DUM P $ 109.00 {HR
FOREMAN $ 75.00 IHR
QAS DETECTION (Equipment Only) $ 58.00 IDAY
GENERATOR. HAMMER DRIl.L $ 63.00 IDAY
GRADE CHECKER $ 46.00 IHR
GRINDER $ 29.00 /DAY
HYDROSTATIC PUMP $ 115.00 IDAY
LABORER $ 46.00 IHR
LEAK LOCATING (Equipment Only) $ 173.00 IDAY
LOWBED $ 109.00 IHR
OPERATOR $ 50.00 {HR
REED SCREEN ALL $ 58.00 IHR
ROLLER $ 230.00 IDAY
SILVER SOUDERING $ 63.00 IHR
TRASH PUMPS & HOSES $ 115.00 /DAY
TRUCK & TRANSFER $ 104.00 IHR
WATER TRUCK $ 86.00 IHR
WAYNE'S BALL (Equipment Only) $ 86.00 I DAY
WELDER $ 75.00 IHR
DENNIS T. CISSELL, PRESIDENT
TODD K. CLOSE. VICE PRESIDENT
'1/21/2004
lik:/MISC/rmtalrale....l.
ALL HOURS IN EXCESS OF 8 HOURS PER DAY AND/OR 40 HOURS PER WEEK WILL BE CHARGED AT 'riME
AND A HALF. THERE WILL BE NO CHAROE FOR OPERATOR WITH RENTAL OF EQUIPMENT WITH THE
EXCEPTION OF OVERTIME. OPERATOR OVERTIME WILL BE CHAROED AT HALF TIME HOURLY RATE TO
DEVELOPER.
42540 RIO NEDO. TEMECULA. CA 92590 . CALIF. LIC. #558592 . (909) 719-1680 . FAX (909) 719-1684
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CONSTRUCTION CONTRACT
(Minor Project)
THIS CONSTRUCTION CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and MONTELEONE CONTRACTORS,
INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
construction work. The work under this Agreement is non-exclusive and Community Services District
reserves the right to hire other contractors to perform similar work. The procedure for assigning work is
set forth in Exhibit" A " , Scope of Work, attached hereto and incorporated herein as though set forth in full.
The Director of Community Services ("Director"), or his designee, is authorized to approve the work in
accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July I, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A ". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
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of this contract; the acceptance by Contractor of the fmal payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department ofIndustrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is tenninated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of tennination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\MONTELEONE 05-06.doc
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 000 I).
(2) Insurance Services Office form number CA 000 I (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses
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 insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
. R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\MONTELEONE 05-Q6.doc
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor: Monteleone Contractors, Inc.
39054 Camino Hermosa
Murrieta, CA 92563
Phone (951) 538-6537
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROIDBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the Obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
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TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
MONTELEONE CONTRACTORS, INC.
39054 Camino Hermosa
Murrieta, CA 92563
(909) 538-6537
FAX (951) 926-1998
Contact Person, Ryan Monteleone
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHIBIT" A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services and/or construction upon real and personal property of the City of
Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or
minor construction work. The procedure for assigning work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\MONTELEONE 05-06.doc
EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
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Monteleone Excavating
39059 Camino Hermosa
Murrieta, CA 92563
Office: (951) 677-8308
Cell: (951) 538-6537
Fax: (951) 304-1469
Time and equipment rate for 2005-2006
Equipment
450 Dozer
D6LGP
D6H
824 Dozer
D8K Dozer
D8N Dozer
D8R Dozer
D9H Dozer
650 Komatsu
400 Excavator
300 Excavator
220 Excavator
446 Backhoe
30 MF SkiplMower
450 C Loader
950 Loader
977 Loader
973 Track Loader
963 Track Loader
12 G Motor Grader
623 Scraper
860 Scraper
657 Push Pull
637 E Push Pull
10 Wheel Dump/Pup
Hi-Side Semi
4,000 GallW Truck
Lowbed Truck
Foreman
Pick-Up
Grade Checker
Laborer
Rate per Hour
(Regular Rate)
Saturday/+8 Hrs.
(*Per Hour Overtime)
$125.00
$160.00
$135.00
$160.00
$180.00
$185.00
$185.00
$225.00
$280.00
$183.00
$165.00
$145.00
$121.00
$87.50
$165.00
$165.00
$180.00
$175.00
$165.00
$125.00
$J65.00
$140.00
$250.00
$280.00
$95.00
$95.00
$85.00
$110.00
$66.00
$46.00
$54.00
$46.00
$140.50
$175.50
$150.50
$175.50
$195.50
$200.50
$200.50
$240.50
$295.50
$198.50
$180.50
$160.50
$136.50
$103.00
$180.50
$180.50
$195.50
$190.50
$180.50
$140.50
$180.50
$155.50
$265.50
$295.50
$]]1.00
$111.50
$100.50
$125.50
$81.50
$46.00
$69.50
$61.50
Holiday/Sunday
(Overtime Rate)
$156.00
$191.00
$166.00
$191.00
$211.00
$216.00
$216.00
$256.00
$3]].00
$214.00
$196.00
$176.00
$152.00
$118.50
$196.00
$196.00
$211.00
$206.00
$196.00
$156.00
$196.00
$171.00
$281.00
$3]].00
$126.50
$126.00
$116.00
$141.00
$97.00
$46.00
$85.00
$77.00
*Note Overtime Wages Begin After 3:00 P.M. With A 6:00 A.M. Stal1ing Time.
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICRS DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CITYWIDE ROUTINE MAINTENANCE
THIS MAINTENANCE CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and POWER DISTRIBUTORS INC.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The work under this
Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to
perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work,
attached hereto and incorporated herein as though set forth in full. The Director of Community Services
("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this
Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be One Hundred
Twenty Five Thousand Dollars and No Cents ($125,000.00) unless a higher amount is approved by the
City Council by amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
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of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department ofIndustrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage'
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
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persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City .
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
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performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Power Distributors Inc...
15245 E Proctor Ave
City ofIndustry, CA 91745
Phone (626) 855-2580
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
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TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
POWER DISTRIBUTORS INC.
15245 E Proctor Ave
City of Industry CA 91745
Phone (626) 855-2580
Contact Person Barry A. leFave
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, and maintenance service upon real and personal property of the City ofTemecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning
work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXIDBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
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I FILE No.499 04/27 '05 10:15 ID: FAX:559 584 11~. PAGE 1/ 2
--
" .-
FAX Employers of Excellence
Insurance Services
ErnEll IDsurance Services
Bacome Insurance Agency
POBox252 . 425 W. 7th Street, Suite: ll2, Hanford, CA 93232
,
Date: 4n7l200S
Number o{pagcs including cover ,heet: 2
To: Jerry Kanigowski From: DiaDa L Rapozo
CompaDY: City of Temecula Account Services Specialist
CommuDity Services Phone; (800)735-1187
Fax : (951) 506-5163 Direct: (559)589-2291
RE: Power Distributors IDC Fax phone; (559)587-3391
POlicy: 465000013905
Workers Compensation
02101/2005 - 02/01/2006
,
o Per your request o Original to foUow via mail ~ Proof of Insurance o Complete & return
REMARKS:
Attached please find a Certificate of Insurance evidencing Workers Compensation coverage for the above
referenced insured.
If you should have any questions please feel free to calli
Thank You.
Diana L Rapozo
I
,
FILE No.499 04/27 '05 10:15
ID:
FAX:559 584 1131
PAGE
2/ 2
CERTHOLDER COpy
STATE P.O. BOX 420807, SAN FRANCISCO. CA 94142-{)807
C::OMPIIHSATlON
INSURANC;;II
F=U N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISS~ PATR, 04-27-2005
GROUp: 000465
POLICY NUMBER: 139-~005
CERTIFICATE 10: 32
CERTIFICATE EXPIRES: 02-01-200l>
02-01-~005/0~-01_200.
CITY OJ' TIlNll~ COIllCt1!lITY SBllVICllS
PO IlOX 9033
TBIIllCl1LA CA 92589
This is to certify that we have issued a valid Worl<e(s Compansation insuranca pOlicy in a form approved by the California
Insurance Commissioner to the employer named below for the poiicy period indicated.
This policy is nol subJect 10 cancellation by lI1e Fund excapt upon 30 days advance written notice to the employer.
We wlli also give yoU 30 days advance nOllce should this pOlicy be cancelled prior to its normal expiration.
This certificate of insuranca is not an Insuranca policy and does nOI emend, extend or aker lI1e coveraga afforded by the
policy listed herein. NOlWnhslllnding eny requirement, lerm.or condition of any COnlracl.or othe,.document with
respect to which this certificate of insurance may be Issued or to which n mey perlain, Iheinsurance afforded by the policy
described herein is subJect. to all the Isrms, exclusions, and conditions, of suclj.po1icy.. ..
~
A~c.~
AUTHORIZED REPRESENTATIVE
PRESlgENT
BMP~0Y311'S ~IABI~ITV ~IMIT INC~oPING DBPINSR COSTS, $1,000,000 PBR OCCORRRNCE.
1lIlD0RSllIllm'!' 1/1600 - JOlIN R. ~BJ'AVlI PIlllS. - BXCLoPlIfh
ENDOllSBMBNT 111600 HANCY LEPAVE SBC,TRBS - BXCLoPBD.
ENDOllSBMENT 1/2065 ENTrT~lID CBllTIPlCATB HOLDRRS' NOTICR BPPRCTIVB 02-01-2005 IS
ATTA~D TO AND PORKS A PART 01' THIS POtICY.
EMP~OYeR
PONiR DISTRIIlOTORS INC
15245 PROCToR AVE
CITY INnOSTaV CA 91745
(B10.NE)
SCIF1Q2~
.4cQePllllls eanltIClIl8llf\1y if you a< I falnlwatDnna/t(ll'lbltOllCl5 "OFFICIALaTATE FUND DO~!;p.r,-.
e~LN..re_o~O!-.Z7..zoos
~-
-
'.
,
Aoril 1, 2003
i
I
i
i
!
i
I
I
i
Interior Lighting/Service Tech. $38,501H0uq
Ladder Truck up to 50' $55.001H0url
Crane up to 65' $70.00/Hourl
Crane up to 90' * $90.00/Hourl
Electrician $50.00/Hour!
. I
* Any lighting above the gO-foot level, price will be ne!!Jotiated at
fu~time. i
I
LABOR RATES
- Schedule - "Er
i
-!
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CITYWIDE ROUTINE MAINTENANCE
THIS MAINTENANCE CONTRACT made and entered into as of June 28,2005 by and
between the Temecula Community Services District, ("City") and ALEXANDER PACIFIC
ELECTRICAL CONTRACTORS, INC. ("Contractor"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The work under this
Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to
perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work,
attached hereto and incorporated herein as though set forth in full. The Director of Community Services
("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this
Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost ofrnaterials approved by the Director pursuant to the procedures
set forth in Exhibit" A ". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
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of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREV AILING 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 ofIndustrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
R:\K.ANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Alexander Pacific 05 192005.doc
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code I (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Alexander Pacific 05 192005.doc
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Alexander Pacific Electrical Contractors, Inc.
42274 Rio Nedo, Suite #10
Temecula CA, 92590
Phone (951) 296-5835
Contact Person, David Alexander
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
/////1
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
ALEXANDER PACIFIC
42274 Rio Nedo, Suite # 10
Temecula CA, 92590
(951) 296-5835
Contact Person: David Alexander
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHIBIT" A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, and maintenance service upon real and personal property of the City ofTemecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning
work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHmIT B
LABOR AND EQUIPMENT RATES
Please see attachment
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Alexander Pacific 05 192005.doc
I
1 'FROM RLEXRNDER PRCIFIC ELECTRIC
FAX NO.
909 296 5838
Rpr. 15 2005 02:05PM P1
.AlexaV\d~'i~i{;l,. .~.
ELECTRICAL CONTRACTORS
fACSIMILB TRANSMITTAL SHEET
TO;
Tanya Bradley
COMPANY:
City ofTemecuIa
PAX NUMBER.:
951.506.5163
PllOI.t:
David Alexander
DhT2:
4-15-05
TOTAL NO. Of PAGES mQ.UDING COVER:
2
PHONE NUMBBR;
JOB NAME:
1lJl;
YOUllItBPERENQ NUMBBR.:
.
Maintenance Proposal
o URGENT X POR REVIBW
[] PLEASE COMMENT 0 PLEASB RllPLY
o PLEASE RECYCLll
PLEASE CALL oOIl OPPICB IF YOU DO NOT llBCBIVB AU. PAGES:
Tanya,pleue review the /ioUowingproposa1.
1'Iease do not hesilllIX: "" call if you shou1d have any questioas.
()-~'
:J
422'4 RIO NEDe, SUITE 10
TEMECULA, CA 92590
951..2965835 I 9St.296.S8~B PAX
I
I
I
I FROM ALEXANDER PACIFIC ELECTRIC
.
FAX NO. 909 296 5838
Apr. 15 2005 02:05PM P2
AtE"xondE"f
Poclle
April 15, 2005
City ofTemecula
43200 Business Park Dr.
Temecula, Ca 92589
Attn: Tanya Bradley
Re: Maintenance Contract Proposal
Dear Tanya,
Thank you for the opportunity to submit the following electrical proposal for your review and
appraval. All work sba\I be perfonned in a workmanlike manner in lIC(:ordance with the Electrical
Industry, the National Electrical Code and the City of Temecula Building Codes.
Scope of Work:
We shall provide electrical construction and maintcoance service as "On-Ca1l". Service
shal1 include all materials. labor, services, insutanceS, taXeS and equipment to complete
projects in a timely manner at City of Tcmecula properties and buildings.
Rates:
Labor: During business hows 8 am - 5 pm M-F
During business hours 8 am - 5 pm M-F
After hours 5 pm - 7 am M-F
After hows 5 pm - 7 am M-F
Weekends all day or night
Weekends all day or night
Journeymen
Apprentice
Journeyman
Apprentice
Journeyman
Apprentice
$55 per hour
$35 per hour
$82 per hour
$52 per hour
$11 0 per hour
$70 per hour
Materials
Cost + 32% (overhead and profit)
",,"/1' ;, j/./l Ii ~<J
r.--<"-"</- c-'I....--" ,.,~ (l.'
Design and Standard Engincering - $75 per hour. ---
Certified Engineering - (cost based on per job basis)
Project Quotes available upon request.
Sincerely,
~'~d~er'~ ~4'15'()~
Alexander Pacific Electrical ContractDrs. Inc.
42274 Rio Nedo. Suite #10 . Temecula. CA 92590' 951.296.5835 office' 951.296.5&3& fax' Lic.# 636160
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CITYWIDE ROUTINE MAINTENANCE
THIS MAINTENANCE CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and STRONG'S PAINTING ("Contractor").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance and maintenance work. The work under this Agreement
is non-exclusive and Community Services District reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached
hereto and incorporated herein as though set forth in full. The Director of Community Services
("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this
Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
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against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
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performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 000 I).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code I (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Strongs Painting 05-Q6.doc3
,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Strongs Painting 05-Q6.doc4
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Strong's Painting
31265 Saddleback Lane
Menifee, CA 92584
Phone (951) 679-4554
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE TmS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
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TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
STRONG'S PAINTING
31265 Saddleback Lane
Menifee, CA 92584
(951) 679-4554
Contact person Gary Strong
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning
work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
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.
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CONSTRUCTION CONTRACT
(Minor Project)
THIS CONSTRUCTION CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and IMPERIAL PAVING CO., INC.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
construction work. The work under this Agreement is non-exclusive and Community Services District
reserves the right to hire other contractors to perform similar work. The procedure for assigning work is
set forth in Exhibit" A" , Scope of Work, attached hereto and incorporated herein as though set forth in full.
The Director of Community Services ("Director"), or his designee, is authorized to approve the work in
accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A ". The maximum amount of payment under this Agreement shall be Seventy Five
Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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of this contract; the acceptance by Contractor of the fmal payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE,
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
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I
.
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 000 I (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
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performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to ftnal inspection
and acceptance notwithstanding any payments or other prior inspections. Such fmal inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Imperial Paving Co., Inc.
13555 E. Imperial Hwy
Whittier CA, 90605
Phone (526) 944-0975
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
IMPERIAL PAVING CO., INC.
P.O. Box 9033
Temecula CA, 92589
(562) 944-0975
FAX (909) 944-0984
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXH:IB:IT A
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance service and/or construction upon real and personal property of the City of
Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or
minor construction work. The procedure for assigning work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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.
EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
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CITY OF TEMECULA
PO. BOX 9033
TEMECULA, CA 92589-9033
RE: TIME AND MATERIAL SHEET / FISCAL 2005 _ 2006
ATTENTION: JERZY KANlGOWSKI
LABOR BREAKDOWN
ALL LABOR - - - - - - - - - - - - - - - - - - - - - - - uu - - - - __ u - - - - _ _ _ _ _ $ 45.00 PER HOUR
OVERTIME I Y, TlME (AFTER 8HRS/SA TURDA YS) - - - - - - - - - - - - - - _$ 67.50 PER HOUR
DOUBLETIME 2 TIME (SUNDA YS/HOLlDA YS) - - - - - - - - - - - - - _ _ _ _ _$ 90.00 PER HOUR
EOUIPMENT BRI:AKDOWN (DOES NOT INCLUDE LABOR)
FLATBED TRUCK WITH COMPRESSOR MOUNT - - - - - - - - - - - - - - - _ $ 325.0(1 PER DAY
BOB TAIL TRUCK 9 -II YARDS --- --- - _u - -- - - - - - -- - - - __ _ _ __$ 31500PER DAY
CONCRETE FLATBED TRUCK - -. - -- - - -- - - - - - - - -- - - - - - - - - - _ _$ 300.00 PER DAY
DUMP TRUCK & PUP TRAILER - - - - - - - - - - - - - -- - -- - - - - - - - - - _ _ $ 390.00 PER DAY
AIR COMPRESSOR - - -- - - - -- - u - u - - -- - - - - - u - - u - - _ u _ __ $ 150.00 PER DAY
WATER TRUCK - - - - - - u - - -. - --- - - - - - - - - - -- - -- - - - - _ _ _ _ _ _ _$ 275.00 PER DAY
FLATBED TRUCK WITH 3-5 TON ROLLER COMBO (MINIMUM) - - - - $ 50500 PER DA Y
DUMP TRUCK WITH SKIPLOADER & TRAILER COMBO - - - - - - - - - $ 505.00 PER DA Y
10-12 TON ROLLER INCLUDING TRAILER - - - - - - - - - - - - - - - - - - _ _ $ 250.0P PER DAY
3-5 TON ROLLER INCLUOINGTRAILER - - -- ---- --- - ---- - -_ ___$ 245.00 PER DAY
BERM MACHINE MINIMUM CHARGE - ---- ---------- ----___ _ $ 150.00 PER DAY
BOBCAT WITH BUCKET - - - - - - - - - -- - - - - - -- - - - -- - - - - - - - - _ _ $ 500.00 PER DAY
BOBCAT WITH GIUNDER - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - $ 550.00 PER DAY
ARROW BOARD WITH TRUCK - - - - ---- - -- ---- -- - - ---- --- - --$ 250.00 PER DAY
STANDARD SET (COMMON REPAIR CREW)
FOUR MAN CREW
SKIPLOADER
DUMPTRUCK
3-5 TON ROLLER
FLATBED WITH COMPRESSOR & TOOLS - - - - - - - - - - - - - - - - - - - -$ 2,600.00 PER DAY
LESS THAN 8 HRS (2HR MINIMUM) - - - - - - - - - - -- - - - - - - - - - - - - $ 400.00 PER HOUR
MATERIALS
ASPHALT - - - - - - - - - - _ _ _ _ _ _ _ _u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _'_ _ _ $
ASPHALT PLANT OPENING ON SATURDAYS - - - -_ _ _ __ _ _ _ ____ $
BASE ROCK CLASS II - - -- - -- - - - __ u - _ _ _ _ u _ _ __ _ u u _ _ _ u$
TACK MATERIAL... - - - - -- - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ $
CONCRETE -- u _ .. __ _ _ u __ __ u _ _ _ _ _ u u _ _ __ u _ _ u _ _ _ _ _ $
CONCRETE AFTER 4 YARDS - _u - - - - u _ _ _ u _ __ _ _ _ _ _ _ _ _ _ _ _ $
NOTE: ABOVE PRICES SUBJECT TO PUC CHANGE
20% MARK UP ON SUBCONTRACTORS.
45.00 PER TON
1,000.00
12.50 PER TON
1.60 PER GAL
425.00 MIN. LOAD
75.00 PER YARD
NOTE: IMPERIAL FA VING PROVIDES TIffi FOLLOWING SERVICES
EXCAVATION, GRADING, PAVING, CONCRETE, DEMOLITION. GENERAL
CONSTRUCTION SERVICES, SEAL COATING AND STRIPING.
(562) 944-0975 . (714) 523-4492 . (800) 634-3923 . Fax (562) 944-0984
'13555 E. Imperial Hwy., Whittier, California 90605
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CONSTRUCTION CONTRACT
(Minor Project)
THIS CONSTRUCTION CONTRACT tnade and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and NPG, INC. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, tnaintenance and/or construction upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
construction work. The work under this Agreement is non-exclusive and Community Services District
reserves the right to hire other contractors to perform similar work. The procedure for assignipg work is
set forth in Exhibit" A", Scope of Work, attached hereto and incorporated herein as though set forth in full.
The Director of Community Services ("Director"), or his designee, is authorized to approve the work in
accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A ". The tnaximum amount of payment under this Agreement shall be Seventy Five
Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
R:\KANIGOWI\Contractor agreement\Contractor Agreement 05. 06\NPG,INC.05-06.doc
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
R:\KANIGOWJ\Contractor agreement\CoDtractor Agreement 05 .06\NPG,INC.OS-Q6.doc
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
R:\KANIGOWJ\Contractor agreemeot\CoDtractor Agreement 05 - 06\NPG,INC.05-06.doc
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of iis officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any maruier affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\NPG,INC.05-06.doc
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
/// ///
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\NPG,INC.05-06.doc
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
NPG, INC.
1354 Jet Way
Perris, CA 92572
Phone (951) 940-0200
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROIDBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City ofTemecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
R:\K.ANIGOWJ\Contractor agreement\Comractor Agreement 05 - 06\NPG,INC.05-o6.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
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
NPG, INC.
1354 Jet Way
Perris, CA 92572
(951) 940-0200
FAX (951) 940-9192
Contact Person Jeff S. Nelson
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\NPG,INC.05-06.doc
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services and/or construction upon real and personal property of the City of
Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or
minor construction work. The procedure for assigning work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
R:\KANIGOWI\Contractor agreement\Contractor Agreement 05 - 06\NPG,INC.05-06.doc
EXIDBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 .06\NPG,INC.05-06.doc
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the work on account of transportation difficulties, governmental regulation of
materials or labor, priorities of any kind, strikes, lockouts, boycotts,
differences with employees, acts of God or other causes beyond Contractor's
control.
7. All permit and inspection feesS. aid by the Contractor to any public body by
reason of the work hereunder sha I be billed separately and not as a part of any
of the prices stated herein. Such items shall be treated as an extra, and as such
will be subject to surcharges of 15% for overhead, plus 15% for profit. All
excise, privilege, occupation, sales, personal property and other taxes (whether
federal, state, or local) applicable to the sale, purchase, use, installation or
ownership or material to be applied by Contractor hereunder, and for the
payment or collection of which Contractor is liable, shall be added to the net
contract price herein specified and shall be paid by the Client, whether
specifically set forth in the estimate or not. Notwithstanding anything to the
contrary herein contained, the California sales tax is included in the net
contract price unless otherwise specifically stated.
881>9-1>69-1,6 :XVil
081>9-1>69-1,6 :ouoqdolO.l
PfSMO:l!U'X AzHf :UO!lUOllV
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13. Not responsible for existing asphaltbreaking up due to soft-sub grade, this
shall become a negotiated item. Quantities used are approximate and are
subject to physical measurement a~d corrections, if necessary, will beamade
with unit prices applying. Water is to be furnished to on site source by others,
applying water is included. All vehicles and obstacles are to be removed from
area prior to contractors arrival. Contractor not responsible for scuffing due
to power steering and or hot weather. Contractor cannot ~uarantee adhesion
of material to heavily oil soaked pavement. Longer dry tlme may be needed
due to cold andlor wet weather. AU cracks are subject to re-!pening at any
time, and there is no guarantee I warranty applying to crack filhng. Concrete
and asphalt are both subject to expansion and contraction of cracks due to
earth movement even In areas that have been previously or are new
installations. Contractor is not responsible for residual cracking due to
expansion andlor contraction of pavement. Contractor is not responsible for
damage to any underground lines, cables or plumbing that mar. be In direct line
with the job site. NPG Corporation accepts no responsIbility for ADA
Compliance and will indemnify itself and Its officers from any law suits,
arising from any trip and fall hazards, etc....
,.
SPECIAL CONDITIONS
Special Terms, Conditions or Warranties
1'W9C<i'P.OIjlti9nl"'3IJl\DVesa~l.1:')'lterial~ t"1~wo;:kman.~hi~ fa".a period"f ",~p;;ar: ~ ""~:-. .:. . . .. .....: .' '-:--':-
I'rogress b!Il,~gs~n.,~lil"ple\1on.or.work e?'1ij)leted,Paxment mJull'!!'on comp[etlOnof con!r"ctwor!<oNn;~temlOn to. be he[~. .
~tart Date ta:be negott~ted,vponslgnmROfcontract. .. .'. -: "";':.; _ j, _"".': ',\_~_ .....\- -~;- .j'
!man ~~p.tance afpBlP.osal.._p'relinUn~ information must be proyid~"-;;,-~.~~~.. Jr_'
..';:----.,.,~~1
. I
I
Payment in full upon completion of work, no retention to be held. The above unit prices area valid only for work preformed before 12/31/02. This bid
is based u~on one move-in ~or asphalt and one move in for slurry seal work. Cost of additional moves will be negotiated as they occur. Quantities used
are ap~roxmlate and are subject to physical measurement and corrections, if necessary, will be made with unit prices applying. Engineering, construction
surve)'Ing, testing, pennits, and inspection fees by others. (Construction layout included) Terms of Client purchase order's, subcontracts, andlor credit
approvals must comply with NPG Corp. standard terms and conditions and any special terms, conditions or warranties. NPG is not responsible for any
damages that are caused by others, (vehicles driving or people/pets walking through barricaded areas, etco.) this will be repaired at owners expense. NPG
Corp. will be held hannless for any and all trip/fall hazards.
Approved and Submitted by: NPG CorDoration
Authorized Representative
NPG Corporation
P.O. Box 1515
Perris, CA 92572
909 940-0200 Office * 909 940-9192 FAX
Accepted By Client:
Client
Client Signature
State Capacity or Authority
Date:
Client Status 0 Corporation 0 Partnership
o Contractor 0 Owner
o Individual
o Occupant
PAVING EQUIPMENT
02' Blaw Knox 180 Paving Machine (Rubber) 10' x 16'
NEW 05' Cedar Rapids Paving Machine (Rubber) 8' x 16'
NEW 05' Cedar Rapids 561 Paving Machine (Track) 10' x 21'
Automatics
Ski Control
Crew Truck I Form Truc:~
Asphalt Berm Machine
200 Gallons Tack Rig
Asphalt Roller 00-24 \3-5 TaW
Asphalt Roller 00-28 3-5 Ton
Asphalt Roller Cat 534 10-12 on)
Dirt Roller 0070 (Dirt Compaction)
HEAVY EQUIPMENT
NEW 05' John Deere Skip Loader
NEW 05' John Deere 3 Yard Loader
NEW 05' John Deere 770 Blade
860A Scraper
863 Bobcat
863 Bobcat w / Attachments
2000 Gallon Water Truck
10 Wheel Dump Truck's
International Dump Truck'
'Truck has Compressor & Jack Hammer
End Dump
Compressor Bare with 90 lb. Hammer
Traffic Control Arrow Board
CRACK FILLING EQUIPMENT
UJK 12b Melter
OJK 250 Melter
EZ Pour 50 Melter
Pour Poll Kettle
SEAL COATING EQUIPMENT
DA 350 Seal Buggy
ST 550 Seal Trailer
Striping Machine
ST2500 Tanker w/12' Hydraulic Spreader Operated 250.00 1" hr
"1 hr clean up charge 185.00 there after
ST2500 Tanker Operated 125.00
EQUIPMENT MOVES Flat Rate
t:qulpment Move - Paving Machine, Loaders & Blade 000.00 In / Out
Equipment Move - Roller 350.00 In / Out
"Moves to San Diego County or LA County are charged on an hourly basis at $ 90.00 per hr. + permits
c
PAVING & GRADING EQUIPMENT
LABOR AND EQUIPMENT RENTAL RATES
Prices Effective February 1, 2005 .
.
GENERAL LABOR
roreman
Raker / Laborer
PCC / Form Setter
OPERATORS
Paving Machine Operator
ScreeCl Operator
Roller Operator
Dump Truck Operator
Hot Crack Fill Operator
Seal Buggy Operator
Overtime
94.bO
79.50
79.50
Double Time
120.00
106.00
106.00
Standard
63.00
53.00
53.00
90.00
90.00
90.00
90.00
90.00
90.00
120.00
120.00
120.00
120.00
120.00
120.00
60.00
60.00
60.00
60.00
60.00
60.00
'Add Yo Overtime for Paving Machine Operator Fire Up
Hour Rate
lbO.OO
150.00
160.00
Operated
Operated
Operated
Operated
Operated
Operated
Operated
Operated
Operated
Operated
95.00
125.00
130.00
125.00
100.00
225.00
70.00
70.00
65.00
80.00
. All labor and equipment wiil be charged portal-la-portal
. 4 Hour Minimum Charge on all Equipment & LabOr" All equipment Subject to moves In I Out /2 Hour Show Up Time
. Any time wor1<ed over 8 hrs is charged at OT rates, DT rates after 12 hrs. ofwor1<.
. Saturday wor1< wiil be charged at OT rates for the first 12 hrs, then DT... Sunday wor1< charged at DT
. Prevaiiing wage/certified payroil - Add $ 8.00 per hr. to above iabor/operator rates.
. Total Amount of Invoice will be determined at end of work day with the above Time & Material Rates
. Aoplyin~ Equipment Rental agreement form must be signed at the end of each wor1< day by acting supenntendent
. All Invoices to be Paid Upon Comrletion or as agreed upon.
. Ail rates subject to change withou notice.
Dav Rate
200.00
300.00
270.00
350.00
250.00 (plus eml'lsion)
300.00
300.00
475.00
375.00
250.00
150.00
250.00
325.00
100.00
25.00
300.00
100.00
150.00
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CONSTRUCTION CONTRACT
(Minor Project)
THIS CONSTRUCTION CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and GOLDEN STATE FENCE CO.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
construction work. The work under this Agreement is non-exclusive and Community Services District
reserves the right to hire other contractors to perform similar work. The procedure for assigning work is
set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full.
The Director of Community Services ("Director"), or his designee, is authorized to approve the work in
accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be Seventy Five
Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7 . PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
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demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City .
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code I (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(I) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
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14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California ~overnment Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Golden State Fence Co.
870 N Main Street
Riverside CA, 92501
Phone (951) 788-5620
Contact Person, Bob McPherson
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
GOLDEN STATE FENCE CO.
870 N Main Street
Riverside CA, 92501
(951) 788-5620
FAX (951) 788-5649
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXH:IB:IT A
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services and/or construction upon real and personal property of the City of
Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or
minor construction work. The procedure for assigning work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
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February 24, 2005
Mr. Jerry Kanigowski
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
RE: Request for proposal of routine and emergency maintenance services of fencing.
Dear Mr. Kanigowski,
Golden State Fence Company is very much intElrested in providing a cosl prOPOsal for routine and emergency services
of fencing. The owner of Golden State Fence Company and many of our employees residE' in the City of T emecula
Currently, Golden State Fence Company has 90 crews working out of our Riverside office and 75 crews working from
Our Oceanside office. Golden State Fence Company can provide alllypes of fencing including, but not limited to PVC,
wood, wrought iron and chain link. The following is our hourly rate and mark-up:
Hourly rate, per regular man hour
Hourly rate, per ov9/1ime man hour
Hourly rate, per double time man hour
Mark-up of malerials @ 20 %
PALMDALE
35656 N Si......a Hwy
93550-9782
661.265.0082
661.265.0179 Fax
OCEANSIDE
4051 Oceanside Blvd
92056-5806
760.724.8131
760.724.8483 Fax
MAIN OFFICE
870 N Main Slreet
Riverside, CA 92501-1016
951. 788.5620
951.788.5649 Fax
I'
@ 106.00 per man/hour
@ 130.00 per man/hour
@ 155.00 per man/hour
ANAHEIM
2861 La Cresta Ave
92806-1817
714.238.0091
714.238.0096 Fax
SANTA PAULA
891 Corporation Sf
93060-3005
805.933.4522
805.933.4521 Fax
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CONSTRUCTION CONTRACT
(Minor Project)
THIS CONSTRUCTION CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and MOORE FENCE CO., INC.
("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
construction work. The work under this Agreement is non-exclusive and Community Services District
reserves the right to hire other contractors to perform similar work. The procedure for assigning work is
set forth in Exhibit "A", Scope of Work, attached hereto and incorporated herein as though set forth in full.
The Director of Community Services ("Director"), or his designee, is authorized to approve the work in
accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be Seventy Five
Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
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of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department ofIndustrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
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persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(I) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured tnaintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
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performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Moore Fence Co., Inc.
P.O. BOX 1297
Perris CA, 92570
Phone (888) 718-9777
Contact Person, Scott Moore
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
MOORE FENCE CO., INC.
P.O. Box 1297
Perris CA, 92570
(888) 718-9777
FAX (951) 940-0429
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHJ:BJ:T A
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services and/or construction upon real and personal property of the City of
Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or
minor construction work. The procedure for assigning work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXIDBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
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(-' 'z..r=J~
MOORE FENCE CO., INC.
P.O. BOX 1297 PERRIS, CALIFORNIA 92570
1-888-718-9777 FAX (951) 940-0429
City of Temecula
43200 Business Park Drive
TemecuJa, CA 92590
Labor
$ 81.91 per hour per man at prevailing wage rate
After hours or weekends $ 122.86 per hour per man
Holiday hours 3\ J 63.82 per hour per man
Materials
15% end mark up on material over our vendor's wholesale price, plus tax.
(NOTE: We buy in bulk on most items; therefore our prices on materials should be very
good. )
Equipment
No charge for standard crew equipment. (Ex. Truck, hand tools, power digger, welder.)
10% mark up on specialty equipment. (Ex. Bobcat, scaffold, trencher, core drill.)
We can provide just about any type of fencing that you need accept masonry block wall.
We do all types of vinyl, ornamental iron, wood, chain link, windscreen, and temporary
fenCing.
Repair is no problem.
If you have any questions please call.
Scott Moore
Phone: 1-888-7]8-9777
Cell: 1-909-712-272]
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CITYWIDE ROUTINE MAINTENANCE
THIS MAINTENANCE CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and CRAFTSMEN PLUMBING HEATING
AND COOLING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance and maintenance work. The work under this Agreement
is non-exclusive and Community Services District reserves the right to hire other contractors to perform
similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work, attached
hereto and incorporated herein as though set forth in full. The Director of Community Services
("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this
Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A ". The maximum amount of payment under this Agreement shall be Seventy Five
Thousand Dollars and No Cents ($75,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
, previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
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of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department ofIndustrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777 .5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other.
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
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persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment oflosses
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 insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
R:\KANIGOWJ\Contractor agreement\Contracror Agreement 05 - 06\Craftsmen plumbing 05-06.doc
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such fmal inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Craftsmen plumbing OS-06.doc
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Craftsmen Plumbing Heating and Cooling
39525 Calle Portillo
Temecula CA, 92592
Phone (951) 676-6838
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
CRAFTSMEN PLUMBING HEATING AND
COOLING
39525 Calle Portillo
Temecula CA, 92592
(951) 676-6838
Contact Person Dan C. McKee
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Craftsmen plumbing OS-06.doc
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning
work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with
the work. The performance of the work shall be pursuant to the terms of this Agreement.
R:\KANIGOWJ\Contractof agreement\Contractor Agreement 05 - 06\Craftsmen plumbing 05-o6.doc
.
EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
R:\KANIGOWJ\Contractor agreement\Conttactor Agreement 05 . 06\Craftsmen plumbing 05-06.doc
MAR-22-288S 11:46 AM Craf~smen Plm9 & HVAC
931 767 1293
CRMPTSMfN 1
Plumbing. Heating. Cooling
Date: 03/~;)I05
From: lCUljl~
Comments:
(951) 676.6838
Fax (951) 767-1293
39525 Calle Portillo
Temecula, CA 92592
To:
Co:
Fax:
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MAR-22-2885 11:47 AM CraT~smen Plm9 & HVAC
951 767 .1293
P.02
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City ofTemecula HEATING
Attn.: Tanya
43200 Business Park Drive
Temecula, CA 92590
AND COOLING
Dear Tanya,
March 22, 2005
Per your request, the following is a breakdown of our rates:
$85.00/hr- first man
$50.00/hr- second man
50% markttp on materials
Emergency services can be provided on weekdays only:
$128.00/hr- first man
$75,OO/hr- second man
Sincere Iy,
Danny C McKee
~lb. n ru.1--f~.
Owner
39525 CAllE PORTIU.O . TEMECULA. CAUFORN,^ 92592 . /909167fKo838 . UC. #446736
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CITYWIDE ROUTINE MAINTENANCE
Tms MAINTENANCE CONTRACT made and entered into as of June 28,2005 by and
between the Temecula Community Services District, ("City") and STEAM SUPERIOR CARPET &
UPHOLSTERY CLEANING ("Contractor"). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The work under this
Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to
perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work,
attached hereto and incorporated herein as though set forth in full. The Director of Community Services
("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this
Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A". The maximum amount of payment under this Agreement shall be Fifty Thousand
Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment
to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
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of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department ofIndustrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
R:\KANIGOWl\Contractor agreement\Contractor Agreement 05 - 06\Steam Superior OS-Q6.doc2
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Li<jbility Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR, Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSmILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
R:\KANIGOWJ\Contractor agreemem\Cofitractor Agreement 05 - 06\Steam Superior OS-06.doc4
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Steam Superior 05-06.doc5
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Steam Superior Carpet & Upholstery Cleaning
27315 Jefferson Ave. Suite 136
Temecula CA, 92590
Phone (951) 694-0346
Contact Person, Rick Zavala
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City ofTemecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
R:\K.ANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Steam Superior 05-06.doc6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
STEAM SUPERIOR
27315 Jefferson Ave. Suite 136
Temecula CA, 92590
(951) 694-0346
Contact person, Rick Zavala
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Steam Superior 05-06.doc7
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning
work is set forth as follows:
1. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost oflabor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 ~ 06\Steam Superior 05-06.doc8
EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 . 06\Steam Superior 05-06.doc9
Mar 22 05 09:03a
p.2
(&temm (JI~
E7816J:#,MJ<m.9k., #ft6
~ ~a. 9E690
~IW (961) 694-0346
March 22, 2005
City of Temecula
Attn: Jerzy Kanigowski
Mr. Kanigowski.
The following requested information for services is as follows. If
you have any further questions please contact me at ( 951) 694-0346.
Janitorial Services - General Cleaning
Hourly Rute - $/4.00
Hourly Rate - $21.00 (Holidays)
Date Submitted: 3-22-05
Respectfully Submitted by,
Rick Zavala
Steam Superior
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CITYWIDE ROUTINE MAINTENANCE
THIS MAINTENANCE CONTRACT made and entered into as of June 28, 2005 by and
between the Temecula Community Services District, ("City") and WURM'S JANITORIAL SERVICES,
INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
I. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The work under this
Agreement is non-exclusive and Community Services District reserves the right to hire other contractors to
perform similar work. The procedure for assigning work is set forth in Exhibit "A", Scope of Work,
attached hereto and incorporated herein as though set forth in full. The Director of Community Services
("Director"), or his designee, is authorized to approve the work in accordance with the procedures of this
Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A ". The maximum amount of payment under this Agreement shall be Fifty Thousand
Dollars and No Cents ($50,000.00) unless a higher amount is approved by the City Council by amendment
to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. WAIVER OF CLAIMS. On or before making fmal request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
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of this contract; the acceptance by Contractor of the fmal payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department ofIndustrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreemen~.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
R:\KANlGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Wurm's Janitorial Services OS-D6.doc2
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(I) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
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(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indenmification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
R:\KANIGOWJ\Contractor agreement\CoDtractof Agreement 05 - 06\Wunn's Janitorial Services 05-06.doc4
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work. .
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Wurm's Janitorial Services, Inc.
2060 Chicago Ave., Suite C4
Riverside CA, 92507
Phone (951) 782-8404
Contact Person, Larry D. Stewart
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
R:\KANIGOWJ\Contractor agreement\Contraclor Agreement 05 - 06\Wunn's Jani~rial Services 05-06.doc6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
. Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
WURM'S JANITORIAL SERVICES, INC.
2060 Chicago Ave., Suite C-4
Riverside CA, 92507
(951) 782-8404
Contact person, Larry D. Stewart
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Wurm's Janitorial Services 05-06.doc7
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services upon real and personal property of the City of Temecula. Work will
include emergency repairs, emergency maintenance, and maintenance work. The procedure for assigning
work is set forth as follows:
I. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed
with the work. The performance of the work shall be pursuant to the terms of this Agreement.
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Wurm's Janitorial Services 05...Q6.doc8
EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Wurm's Janitorial Services 05-06.doc9
WURM'S
Janitorial Services, Inc.
2OliO CJdooco AR., S.. C-4
RImsIdo, CA lI2501
.......: (!'51)1I2-84CU Fax: (951)782.(HB3
Proud~v servinR The Inland Empire since 1986
Mr. Jerzy Kanigowski
Facility Maintenance Coordinator
City ofTemecula
43200 Business Park Drive
Temecula, CA 92589-9033
April 6, 2005
Dear Mr. Kanigowski,
Subject: Janitorial Proposal
As per our discussion Monday 04-04-05. Please fmd below the items you had requested.
We honor the six major holida)'s listed below:
I. New Year's Day
2. Memorial Day
3. 4'h of July
4. Labor Day
5. Thanksgiving Day
6. Christmas Day
We pay the minimum or market wage rate. In the TemeculalMurrieta area janitorial rates
are generally $7.25 per hour. For Detail work such as carpet cleaning, floors, windows
etc. it is $8.25 per hour. These rates can fluctuate depending on availability of personnel
or experience.
Overtime is defmed as over 8 hours a day or over 40 hours per week. We pay 1.5 timcs
the hourly rate for overtime. Holiday pay is J.5 times the hourly rate for work on a
company-recognized holiday.
All required taxes are collected and remitted. We carry Workers Compensation for all of
our employees and we also carry a two million doUar liability insurance policy.
Jerzy, please let me know if there is any additional infommtion you may require.
steJ1'~T
;f~y'6."Stewart
President
Wunn's Janitorial & Maintenance Supply CO's
[ .cJ
9tL.l.-88L.-606
w...rnl'l ~...Iemit~!=;
d;::-n: Tn en on ...J,.
CITY OF TEMECULA
TEMECULA COMMUNITY SERVICES DISTRICT
ANNUAL CONTRACT AGREEMENT
FOR FISCAL YEAR 2005-2006
CONSTRUCTION CONTRACT
(Minor Project)
THIS CONSTRUCTION CONTRACT made and entered into as of June 28,2005 by and
between the Temecula Community Services District, ("City") and PARK SPEClALTIES, ("Contractor").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property of the City of Temecula.
Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor
construction work. The work under this Agreement is non-exclusive and Community Services District
reserves the right to hire other contractors to perform similar work. The procedure for assigning work is
set forth in Exhibit" A ", Scope of Work, attached hereto and incorporated herein as though set forth in full.
The Director of Community Services ("Director"), or his designee, is authorized to approve the work in
accordance with the procedures of this Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of July 1, 2005 and
shall terminate as of June 30, 2006 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed on the basis of the labor
and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated
herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures
set forth in Exhibit" A ". The maximum amount of payment under this Agreement shall be One Hundred
Thousand Dollars and No Cents ($100,000.00) unless a higher amount is approved by the City Council by
amendment to this Agreement. .
b. Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted between the first and fifteenth day of each month for services provided during the
previous month. The invoice shall describe the approved work assignment under which the work has been
performed. Payment shall be made within thirty (30) days of receipt of the invoice as to all non-disputed
fees. If the City disputes any of the Contractor's fees, it shall give written notice to the Contractor within
thirty (30) days of receipt of the invoice of the disputed fees on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at
a minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor
shall cause a full time experienced Superintendent to be present on the site during all construction and to
oversee and supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
6. W AlVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
R:\KANIGOWJ\Contractor agreement\Contractor Agreement 05 - 06\Park Specialties 05 - 06.doc
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7. PREV AILING 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 ofIndustrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage
rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor
shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work
done under this contract, by him or by any subcontractor under him, in violation of the provisions of the
Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay
to Contractor the actual value of the work performed up to the time of termination, provided that the work
performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the City shall have the right, notwithstanding any other provision
of this Agreement, to terminate this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
hannless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
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performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code I (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(I) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option of the City Manager, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, officials, employees or
volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
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employees and volunteers. Any insurance or self-insured maintained by
the City, its officers, officials, employees or volunteers shall be excess of
the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
(4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the
City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by
the City. All endorsements are to be received and approved by the District before work commences. As an
alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the
City a wholly independent contractor. The personnel performing the services under this Agreement on
behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
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comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any ofits suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection
and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex,
age, or handicap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as
that party may later designate by Notice:
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To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Park Specialties
P.O. BOX 891833
Temecula CA, 92589
Phone (800) 399-8484
Contact Person, Robert Derieux
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with jurisdiction over the City ofTemecula. In the
event of litigation between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial
or otherwise, in this transaction, or in the business of the contracting party other than the City ofTemecula,
and that if any such interest comes to the knowledge of either party at any time, a full and complete
disclosure of all such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090) or
Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of
California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
PARK SPECIALTIES
P.O. BOX 891833
Temecula CA, 92589
(800) 399-8484
PAX (760) 728-1177
Contact Person, Robert Derieux
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the Temecula Community Services District and the Contractor for the future repair,
improvement, maintenance services and/or construction upon real and personal property of the City of
Temecula. Work will include emergency repairs, emergency maintenance, maintenance work, and/or
minor construction work. The procedure for assigning work is set forth as follows:
I. Director of Community Services ("Director") or his designee shall submit to Contractor a
written "Request for Work". The Request for Work shall include a description of the work to be
completed, the time for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in
writing to the Request for Work and advise Director whether it can perform the work and specify the cost
of material which will be required and the estimated cost of labor and equipment necessary to complete the
work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for Work
orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in
good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with
the work. The performance of the work shall be pursuant to the terms of this Agreement.
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EXHIBIT B
LABOR AND EQUIPMENT RATES
Please see attachment
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PARK SPECIALTIES
PARK AND PLAYGROUND PROFESSIONALS
CA. lIC# 702962 A B C-61
NV L1C #51096 A-21
February 15, 2005
City of Temecula
Community Services Department
43200 Business Park Drive
T emecula, CA 92590
RE: Time and Moterial Request Dated 1/19/05
Park Specialties is one of the largest playground installation companies in
Southern CaliforniCl. Our five (5) full-time crews installed 525 playgrounds and
over a quarter million square feet of poured in place rubber surface last year in
California and Nevada. We hold six (6) factory certifications by major
manufacturers (Landscape Structures, Inc., Playworld, Gametime, Surface
America. Tot Turf and Miracle Recreation Equipment Company).
Please consider the individual qualification of our key team members:
Robert DeRieux, President. Robert founded Park Specialties in 1994. and has 12
years industry experience. He is a former trustee and'board member of the
NPCA (National Playground Contractors Association) and has been instrumental
in developing a notional installation standard. Robert has been through NPSI
trClining twice and is regularly consulted for input on content training.
Curtis Larson, Operations Manager. Curtis has 8 years of playground industry
experience and like all Park Specialties Foremen he holds current NPSI
certification.
Regarding the specific information requested, our regular rate per man is $75.00
and overtime is $112.50 per hour per man. We do not charge a mark up on
vendor provided parts, materials or equipment. Our installation fees are based
on 30% of the list price of playstructures and additional park equipment
provided by the manufacturer.
P. O. BOX 891833 TEMECULA, CA. 92589-1833
800399-8484/ (760) 728-1101 FAX (760) 728-1177
PARK SPECIALTIES
PARK AND PLAYGROUND PROFESSIONALS
CA. L1C# 702962 A B C-61
NY L1C #51096 A-21
Our scope of services includes installation, maintenance and repair of
playground equipment, shelters. picnic equipment and surfacing of such areas.
If you should need additional information please do not hesitate to contact our
office at (800) 399-8484 or via fax at (760) 728-1177.
Sincerely,
.~~ 2\.'\D7 i if oe:..
ROBERT DERIEUX
President
P. O. BOX 891833 TEMECULA, CA. 92589-1833
800399-8484/ (760) 728-1101 FAX (760) 728-1177
ITEM 5
APPROVA
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
Board of Directors
Herman D. Parker, Director of Community Services &
June 28, 2005
TO:
DATE:
SUBJECT:
Professional Services Agreement for TCSD Landscape Plan Check
and Inspection Services
PREPARED BY:
Barbara Smith, Management Analyst ~6
That the Board of Directors:
RECOMMENDATION:
1. Approve a Professional Services Agreement with PELA, a Landscape Architectural Firm, for
TCSD landscape plan check and inspection services in the amount of $60,000 and
authorize the Board President to execute the agreement.
BACKGROUND: Since 1993, PELA, a Landscape Architectural Firm, (PELA) has
provided landscape plan check and inspection services to the TCSD to augment the Maintenance
and Development Services Divisions of the TCSD. These services are necessary to insure that
future developer-constructed City parks and landscape maintenance areas are designed and
constructed to TCSD standards. Staff is pleased with the services provided by PELA.
The current agreement between PELA and the TCSD expires on June 30, 2005. The proposed
agreement is for a term of one year with two (2) one-year extensions. These renewals are at the
City's sole option.
The following agreement provides for plan check and inspections for developer-constructed projects
only. Developers pay the TCSD for the necessary landscape plan checks and inspection services.
In return, a portion of the plan check and inspection revenue collected from the development
community offsets all costs for the services provided under this contract.
FISCAL IMPACT: There is no net fiscal impact to the TCSD. The fees paid to the
consultant are offset by the plan check and inspection fees paid by the developers. Sufficient
appropriations are in the FY 2005-2006 budget in fund 190-180-999-5248 (Parks and Medians) in
the amount of $30,000 and in fund 193-180-999-5248 (Slopes) in the amount of $30,000.
ATTACHMENTS: Professional Services Agreement
R\SMITHB\Pela\05-06 Staff Report.doc 06/26/01
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
TCSD ParksfLandscape Plan Check and Inspection Services
THIS AGREEMENT is made and effective as of July 1, 2005, between the City of
Temecula, a municipal corporation ("City'1 and PELA, a Landscape Architectural Firm
("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, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2006, unless sooner tenninated pursuant to the provisions of this Agreement. Contract may be
extended by mutual agreement for two (2) one (1) year additional tenns.
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 perfonnance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and tenns 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 Thousand Dollars and
no cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement.
b. 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 nondisputed fees. If the City disputes any of consult~t'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. Ifthe City suspends or terminates
a portion of this Agreement such suspension or tennination 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 ofthis Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's CQmpensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall
execute a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or otherform with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
perfonned 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 Consultanfs 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 shC!1l not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
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 (Hi) mailing in the United States Mail,
certified mail, postage prepaid, retum 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 on the next page.
To City:
City of T emecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
To Consultant:
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
PELA, a Landscape and Architectural Finn
Attention: Mike Elliott
637 Arden Drive
Endnitas,CA 92024
14. ASSIGNMENT. The Consultant shall not assign the perfonnance of this
Agreement, nor any part thereof, nor any monies due hereunder, without priorwritlen consent of the
City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only
Mike Elliott shall perform the services described in this Agreement. Mike Elliott may use assistants,
under their direct supervision, to perform some of the services under this Agreement. Consultant
shall provide City fourteen (14) days' notice prior to the departure of Mike Elliott from Consultanfs
employ. Should he or she leave Consultant's employ, the City shall have the option to immediately
tenninate this Agreement, within three (3) days ofthe close of said notice period. Upon tennination
of this Agreement, Consultanfs sole compensation shall be payment for actual services perfonned
up to, and including, the date of tennination or as may be otherwise agreed to in writing between the
City Council and the Consultant.
15. LICENSES. At all times during the tenn 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 ofthe City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/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 T emecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
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 orwritlen, 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.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Chuck Washington, CSD President
Attest:
City ClerK
Susan W. Jones, CMC
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
PELA, a Landscape Architectural Firm
637 Arden Drive
Encinitas, CA 92024
(760) 944-8463
By:_f1:Vt.- (J1- . ~l.:qt-
Name: Michael G. Elliott
Title: Landscape Architect, No. 2011
EXHIBIT A
SCOPE OF SERVICES:
A. Upon notification from the Temecula Community Services Department (TCSD) that
construction plans are ready for review, PELA will pick up plans at the City. Two
sets of plans will be required.
B. PELA will review the plans verifying consistency with TCSD standards and
specifications, map conditions of approval and CC&R's. One set of plans will be
red-lined with comments notifying the applicant of necessary revisions to be made
to bring the plans into conformance with TCSD standards. Items not addressed in
TCSD standards but that are outside of profession norms will also be marked for
explanations from the applicant.
C. PELA will retum plans and plan check comments to TCSD within two (2) weeks of
receipt of the first submittal; one (1) week for second and third submittals. Plan
check comments will also be provided via e-mail for use by the City.
D. Once revisions have been resubmitted by the applicant, PELA will re-check the
plans for conformance. Should all revisions have been made and all questions
answered, the plans will be ready for approval. If all revisions are not made, one
set of plans and the check list will be red-lined again and returned to the applicant
a second time for revisions. This process will continue until the plans are brought
into conformance with City standards and professional norms.
E. Upon request of TCSD, PELA will review and approve construction cost estimates
of proposed improvements in order to determine bonding requirements if required
for the project.
F. Upon request of TCSD, PELA will attend meetings as required (Le. pre-design
meetings and interim reviews of construction plans with applicants in order to
communicate issues with designers, pre-construction meetings, etc.).
G. Upon request of TCSD, PELA will provide landscape construction inspection
services in order to insure implementation is in conformance with the approved
plans. A written report will be provided to the project manager after each
inspection.
H. Other Tasks: PELA will provide other tasks as requested by the City.
EXHIBIT B
FEES:
Plan Check Fees:
The following fees are based on reviewing a 'maximum of 3 submittals from the
applicant. Should additional reviews be necessary they will be charged at the rate
of $85.00 per sheet.
SQUARE FOOTAGE OF PROJECT
0-10,000
10,001 - 25,000
25,001 -100,000
100,001 - 135,000
135,001 - 165,000
165,001 - 200,000
200,001 - 250,000
250,001 - 300,000
300,001 - 350,000
350,001 - 400,000
400,001 & up
FLAT PLAN CHECK FEE
$600 (minimum charge)
$860
$1,120
$1,380
$1,620
$1,890
$2,160
$2,430
$2,700
$2,970
$2,970 + .0075 for each sq. ft. above 400,000
sq. ft.
Plan checks beyond the 31<1 Check
$85.00Isheet
Miscellaneous Meetinas:
Misc. Meetings
FLAT FEE OF $250.001MEETING & PROJECT
Landscaoe Insoection Fees:
Landscape Inspection
FLAT FEE OF $250.00NlSIT
Other Tasks:
Tasks not outlined in the scope of work shall be performed on an hourly basis at
the rate of $90.00 per hour or a mutually agreed upon flat fee.
ITEM 6
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
Board of Directors
Herman D. Parker, Director of Community services~
June 28, 2005
TO:
DATE:
SUBJECT:
Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year
2005-2006
PREPARED BY:
Barbara Smith, Management Analyst f:i6
That the Board of Directors:
RECOMMENDATION:
1. Adopt a resolution entitled:
RESOLUTION NO. CSD 05 -
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INTO TCSD
SERVICE LEVEL B FOR PURPOSES OF FUNDING THE ENERGY CHARGES
FOR RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2005-2006.
2. Adopt a resolution entitled:
RESOLUTION NO. CSD 05 -
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS WITHIN THE
HARVESTON DEVELOPMENT INTO SERVICE LEVEL C BEGINNING FISCAL
YEAR 2005-2006.
3. Authorize the City Clerk/District Secretary to record the slope easement documents.
BACKGROUND: Prior to the beginning of each new fiscal year, applications are
reviewed regarding the acceptance of perimeter slope areas, residential street lighting, and the
inclusion of additional subdivisions into existing TCSD maintenance programs. Energy costs for
residential street lighting is provided through Service Level B and perimeter slope and landscape
areas are maintained through Service Level C.
For Fiscal Year 2005-2006, twenty eight (28) tracts within the existing City boundaries and twenty
nine (29) tracts within the Redhawk annexation area and the parcels within those tracts and area will
be levied within the Service Level B Rates and Charges at $25.68 per parcel, as follows:
R:\SMITIIB\Assessments\OS-06 Assessment\New B&C Staff&Reso 6-28.doc
Tract Map Number Total No. of Units
Tract No. 26828-00 50
Tract No. 26828-01 35
Tract No. 26828-02 45
Avondale Sub Total 130
Wolf Creek Development
Tract No. 29798-00 76
Tract No. 29798-01 65
Tract No. 29798-02 53
Tract No. 29798-03 75
Tract No. 29798-04 44
Tract No. 29798-05 56
Tract No. 29798-06 45
Tract No. 29798-07 52
Tract No. 29798-08 48
Tract No. 29798-09 47
Tract No. 29798-10 68
Wolf Creek Sub Total 629
Harveston Development
Tract No. 30667-00 43
Tract No. 30667-01 36
Tract No. 30667-02 35
Tract No. 30667-03 57
Tract No. 30668-00 29
Tract No. 30668-01 31
Tract No. 30668-02 42
Tract No. 30669-00 67
Tract No. 30669-01 51
Tract No. 30669-02 77
Tract No. 31053-00 69
Tract No. 31053-01 38
Tract No. 31053-02 37
Tract No. 31053-03 54
Harveston Sub Total 666
Redhawk Annexation Area
Tract No. 23063-01 73
Tract No. 23063-02 143
Tract No. 23063-03 188
Tract No. 23063-04 130
Tract No. 23063-05 127
Tract No. 23063-06 120
Tract No. 23063-07 120
Tract No. 23063-08 69
R:\SMITHB\Assessments\05.06 Assessmem\New B&C Staff&Reso 6-28.doc
Redhawk Annexation Area - cont-
Tract Map Number
Tract No. 23064-00
Tract No. 23064-01
Tract No. 23064-02
Tract No. 23064-03
Tract No. 23065-00
Tract No. 23065-01
Tract No. 23065-03
Tract No. 23065-04
Tract No. 23066-01
Tract No. 23066-02
Tract No. 23066-03
Tract No. 23066-04
Tract No. 23066-05
Tract No. 23067-02
Tract No. 23067-03
Tract No. 23067-04
Tract No. 23067-05
Tract No. 28980-00
Tract No. 29203-00
Tract No. 29734-00
Parcel No. 24387-00
Redhawk Total
Grand Total
Total No. of Units
107
83
84
107
324
49
130
73
115
82
129
72
96
119
58
94
66
53
137
43
2
2,995
4,420
In addition, the following tracts have completed the necessary Proposition 218 proceedings for the
inclusion into TCSD maintenance program, Service level C (Rate C-10) beginning Fiscal Year
2005-2006.
Rate Level #10 - $100.00 - Harveston
Tract Map Number Total No. of Units
Tract No. 30667-00 43
Tract No. 30667-01 36
Tract No. 30667-02 35
Tract No. 30667-03 57
. Tract No. 30668-00 29
Tract No. 30668-01 31
Tract No. 30668-02 42
Tract No. 30669-00 67
Tract No. 30669-01 51
Tract No. 30669-02 77
Tract No. 31053-00 69
Tract No. 31053-01 38
Tract No. 31053-02 37
Tract No. 31053-03 54
Harveston Total 666
R:\SMITHB\Assessments\OS-06 Assessment\New B&C Staff&Reso 6-28.doc
FISCAL IMPACT: Acceptance of the aforementioned tracts and the parcels within those
tracts into the appropriate service levels has been incorporated into the TCSD budgets for Service
level Band C for Fiscal Year 2005-2006.
ATTACHMENTS:
1.
2.
Resolution to accept certain tracts into Service level B.
Resolution to accept certain tracts into Service level C
R:\SMITIIBlAssessments\05-06 Assessment\New B&C Staff&Reso 6-28.doc
RESOLUTION NO. CSD 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INTO TCSD
SERVICE LEVEL B FOR PURPOSES OF FUNDING THE ENERGY CHARGES
FOR RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2005-2006.
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES
RESOLVE AS FOLLOWS:
Section 1. The Board of Directors does hereby find and determine as follows:
A. The Temecula Community Services District has assumed costs
associated with energizing the street lighting within the following residential Tract Map Nos.:
Tract Map Number
Total No. of Units
Tract No. 26828-00
Tract No. 26828-01
Tract No. 26828-02
Avondale Sub Total
50
35
45
130
Tract No. 29798-00
Tract No. 29798-01
Tract No. 29798-02
Tract No. 29798-03
Tract No. 29798-04
Tract No. 29798-05
Tract No. 29798-06
Tract No. 29798-07
Tract No. 29798-08
Tract No. 29798-09
Tract No. 29798-10
Wolf Creek Sub Total
76
65
53
75
44
56
45
52
48
47
68
629
Tract No. 30667-00
Tract No. 30667-01
Tract No. 30667-02
Tract No. 30667-03
Tract No. 30668-00
Tract No. 30668-01
Tract No. 30668-02
Tract No. 30669-00
Tract No. 30669-01
Tract No. 30669-02
Tract No. 31053-00
Tract No. 31053-01
Tract No. 31053-02
Tract No. 31053-03
Harveston Sub Total
43
36
35
57
29
31
42
67
51
77
69
38
37
54
666
R:\$MITHB\Assessments\OS-06 Assessment\New B&C Staff&Reso 6.28.doc
Redhawk Annexation Area
Tract No. 23063-01 73
Tract No. 23063-02 143
Tract No. 23063-03 188
Tract No. 23063-04 130
Tract No. 23063-05 127
Tract No. 23063-06 120
Tract No. 23063-07 120
Tract No. 23063-08 69
Tract No. 23064-00 107
Tract No. 23064-01 83
Tract No. 23064-02 84
Tract No. 23064-03 107
Tract No. 23065-00 324
Tract No. 23065-01 49
Tract No. 23065-03 130
Tract No. 23065-04 73
Tract No. 23066-01 115
Tract No. 23066-02 82
Tract No. 23066-03 129
Tract No. 23066-04 72
Tract No. 23066-05 96
Tract No. 23067-02 119
Tract No. 23067-03 58
Tract No. 23067-04 94
Tract No. 23067-05 66
Tract No. 28980-00 53
Tract No. 29203-00 137
Tract No. 29734-00 43
Parcel No. 24387-00 2
Redhawk Total 2,995
Grand Total 4,420
B. The Temecula Community Services District is currently providing
residential street lighting services within these subdivisions through Service Level B; and
C. The Temecula Community Services District is the authorized
legislative body to accept the responsibility of energizing residential streetlights within the City of
Temecula.
Section 2. The Board of Directors of the Temecula Community Services District hereby
accepts the aforementioned residential tracts into the Service Level B rate level for residential street
lighting services beginning Fiscal Year 2005-2006.
Section 3.
The Secretary shall certify to the passage and adoption of this Resolution.
R:\SMITHB\Assessments\05-06 Assessment\New B&C Staff&Reso 6.28.doc
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community
Services District at a regular meeting held on the 28th of June, 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution No. CSD 05- was duly
adopted by the Board of Directors of the Temecula Community Services District at the regular
meeting thereof, held on the 8th day of June, 2004, by the following vote of the Board of
Directors.
AYES:
DIRECTORS:
NOES:
ABSENT:
DIRECTORS:
DIRECTORS:
ABSTAIN:
DIRECTORS:
R\SMITHBlAssessmenls\05-06 Assessment\New B&C Staff&Reso 6.28.doc
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS WITHIN THE
HARVESTON DEVELOPMENT INTO SERVICE LEVEL C BEGINNING FISCAL
YEAR 2005-2006.
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES
RESOLVE AS FOLLOWS:
Section 1.
The Board of Directors does hereby find and determine as follows:
A. As a result of the passing of a property owner election for following tract
maps, the property owners have requested that the TCSD assume maintenance of the
landscaping along the perimeter of their developments.
Rate Level #10 - $100.00 - Harveston
Tract Map Number
Tract No. 30667-00
Tract No. 30667-01
Tract No. 30667-02
Tract No. 30667-03
Tract No. 30668-00
Tract No. 30668-01
Tract No. 30668-02
Tract No. 30669-00
Tract No. 30669-01
Tract No. 30669-02
Tract No. 31053-00
Tract No. 31053-01
Tract No. 31053-02
Tract No. 31053-03
Harveston Total
Total No. of Units
43
36
35
57
29
31
42
67
51
77
69
38
37
54
666
B. The annual parcel charges for perimeter landscaping and slope
maintenance services pursuant to Proposition 218, were established by the majority of the
property owners of the various tracts.
C. The Temecula Community Services District is the existing authorized
legislative body authorized to provide maintenance of perimeter slope and landscape areas
within the aforementioned developments.
Section 3.
The Secretary shall certify to the passage and adoption of this Resolution.
R:\SMITHB\Assessments\OS-06 Assessment\New B&C Slaff&Reso 6-28.doc
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community
Services District at a regular meeting held on the 28th of June, 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution No. CSD 05- was duly
adopted by the Board of Directors of the Temecula Community Services District at the regular
meeting thereof, held on the 8th day of June, 2004, by the following vote of the Board of
Directors.
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSENT:
DIRECTORS:
ABSTAIN:
DIRECTORS:
R:\SMITHB\Assessments\05-06 Assessment\New B&C Staff&Reso 6-28.doc
ITEM 7
APPROVAnJ ,..
CITY ATTORNEY
FINANCE DIRECTOR v_
CITY MANAGER './1/./
?/
CITY OF TEMECULA
AGENDA REPORT
FROM:
Board of Directors
Herman D. Parker, Director of Community service~
June 28, 2005
TO:
DATE:
SUBJECT:
Arts Council Community Grant Agreement
PREPARED BY:
Phyllis L. Ruse, Deputy [)irector of Community Services
RECOMMENDATION: That the Board of Directors 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.
BACKGROUND: The Arts Council of Temecula Valley has been providing a variety of
arts and cultural activities in the City of Temecula for several years. Some of their events include
the annual Arts Festival and also the Concerts on the Green program.
The Arts Council worked extensively with City staff and AMS Planning and Research in the
development of the City's Cultural Arts Master Plan. By way of the Community Grant Agreement,
the Arts Council commits to continue the implementation process for the Cultural Arts Master Plan.
TCSD staff and the Arts Council have agreed upon goals and objectives that the Arts Council will
implement by the end of this fiscal year 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 trough art in public places
. Assisting, encouraging and fostering cooperation among cultural organizations and
individuals 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 CityofTemecula. The Arts Council will submit an invoice to the TCSD atthe end of
R:\RUSEPIAGENDAS\2005-06 Arts Council Grant Agreement.doc
each calendar quarter for the actual costs of personnel, which will be accompanied by appropriate
documentation.
FISCAL IMPACT: Funding in the amountof$40,OOO is appropriated in the TCSD budget
for FY 2005-06 for the Arts Council program.
Attachment: Community Grant Agreement
R\RUSEP\AGENDAS\2005-06 Arts Council Grant Agreement.doc
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, a non-profit
corporation, and is dated as of June 28, 2005. 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 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 2005-2006.
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, 2006. 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.
3. The term of this agreement shall be July 1, 2005 to June 30, 2006.
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.
6. The TCSD may at any time, for any breach of this Agreement, suspend
R\RUSEP\CONTRACT\2005-06 Arts Council Community Grant Agreement.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 2005-2006 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.
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, including a non-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.
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.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-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, TCSD, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising out of activities
R:\RUSEP\CONTRACT\2005-06 Arts Council Community Grant Agreement.doc
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) For 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 or self-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 clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested, has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of CoveraQe. 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
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,
R:\RUSEP\CONTRACT\2005-06 Arts Council Community Grant Agreement.doc
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.
R:\RUSEP\CONTRACT\2005-06 Arts Council Community Grant Agreement.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, President
Temecula Community Services District
Attest:
Susan Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
ARTS COUNCIL OF TEMECULA VALLEY, a California
non-profit corporation
By:
Name:
Title:
By:
Name:
Title:
R:IRUSEPICONTRACT12005-06 Arts Council Community Grant Agreement.doc
tI1lln5
:COUNCIL
eFTEMECULA VALLEY
BOARD OF TRUSTEES
Charles and Nicolet Araujo
Luana DeGroot-Canty
Luanne Ferrer
Ofelia Filane
Patricia Lusin
Jude Mathis
Matthew Fagan
Edward B. Powers
AI Rattan
Greg Richter
Sheila Havens Ryle
Bruce Singer
Dr. Alan &. Georgia
Winkelstein
CONSULTANTS
Eduardo Ferrer
Jim Meyler
Stewart M. MorTis, Jr.
Karen Parrott
Alicen Wong
DIRECTOR OF
OPERATIONS
Ruth H Hobbs
TIlE ARTS COUNCIL
OF TI:MECULA VALLEY
28481 RANCHO CAUFORNIA
ROAD, SUITE 104
TI:MECULA, CA 92590
MAIUNG: P.O. BOX 2337
TI:MECULA, CA 92593
PHONE: 951. 695.2787
FAX: 951. 695.9438
Email:
Info@artsinthevalley.org
www.artsinthevalley.org
June 14,2005
Ms. Phyllis Ruse, Deputy Director
Community Services Department
City of Temecula
Post Office Box 9033
Temecula., California 92589-9033
Dear Phyllis,
It is with great pleasure that we submit to you this year's report on the goals and achieve-
ments of the Arts Council ofTemecula Valley. The Arts Council is grateful for the contin-
ued support and warm relationship that we have enjoyed with the City of Temecula. We
believe that through our mutual efforts, we continue to enrich the cultural diversity of our
wonderful community.
It has been a time of great change - and now of great hope for the Arts Council. Over the
last year, we have refocused our efforts in three primary program areas:
ARTS IN EDUCATION PROGRAMS
Our Arts in Education Programs are intended to provide exposure and
education in the arts to school age children throughout the Temecula
Valley. Providing supplemental grants and working in conjunction
with local school districts, the Arts Council helps to bridge the gap
. between the need for cultural and artistic exposure and the reality of
today's educational budgets. We currently offer supplemental grants
to support educationally-based programs, scholarships to support fee-
based programs offered in conjunction with schools and operate our
Summer Youth Art & Music Institute for school age children through-
out the region.
..
COMMUNTIY CULTURAL DEVELOPMENT PROGRAMS A major component of the Arts Council's mission is to provide finan-
cial, promotional and operation support to the region's cultural art
groups. Ranging from theater companies to choral groups to dance
studios, our region is bursting with cultural expression. The Arts
Council supports these org:mirntions through grants and through the
production of expositional events (including Dance, Dance, Dance,
the Talent Showcase and the many events that are part of the Arts in
the Country Festival).
ARTISTIC ADVOCACY PROGRAMS
The third component of the Arts Council's mission is to provide advocacy
and promotion of the arts in general and for our professional art community.
Our efforts in this area include our advocacy efforts for Art in Public Places
initiatives, support of professional artists through our Open Studios Tours
and our Visual Expressions Art Show and through professional expositions
including our Concerts on the Green.
These programs, however, are just the beginning. Over the next 12-18 months, the Arts ColiDcil
will be expanding our programs across the board. Our continuing efforts include:
. The development of a year-round Arts in Education program that will be conducted in
conjunction with local schools and other like-minded groups. (Arts in Education)
. The development of support services designed to assist the region's cultural art groups
with event promotions and operations and help to ensure their long-term viability.
(Community Cultural Development)
. The development of the Playhouse Project 2006 - an exciting new project that will bring
artists, architects and developers together to build artistic playhouses which will be
displayed and then auctioned off to support the Arts Council's programs (Artistic
Advocacy)
. The development of new support programs designed to provide operational and
promotional support to local artists, to promote them within the local business
community and to enrich the region's retail offerings through the inclusion oflocal art.
(Artistic Advocacy)
. Seeking increased funds from both within and outside the region for the purpose of
enltancing our re-granting activities as a significant component of our programs.
The City of T emecula is the cultural center of the entire region because of the leadership provided
by the City Council and the city staff. The Arts Council of T emecula Valley is extremely proud
of our accomplishments this year and of our IJartnership with the Cih' to enltance the cultural
. - development of our oomimmity. We are pieaSt:d -~ the s~ part that our efforis- havepiay~
in this development and look forward to working together with the City to continue these efforts.
-,
Warmest Regards,
~z
Ruth Hobbs for
Charles A. Araujo, Jr.
President
ENe.
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ITEM 8
APPROVAL
CITY ATTORNEY 11-
DIRECTOR OF FIN~
CITY MANAGER ~ ~
CITY OF TEMECULA :
AGENDA REPORT
TO:
Board of Directors
FROM:
Herman Parker, Director of Community services&
June 28, 2005
DATE:
SUBJECT:
Accept the Quitclaim Deed for a Landscape Maintenance Easement from the
County of Riverside for Redhawk Park A
PREPARED BY:
Barbara Smith, Management Analyst ~S-
RECOMMENDATION:
That the Board of Directors:
1. Accept the Quitclaim Deed for a Landscape Maintenance Easement from the County of
Riverside for Park Site A in the Redhawk Annexation area.
2. Authorize the City Clerk to record the Quitclaim Deed.
BACKGROUND: On March 2, 2004 a special election was held to determine if the registered
voters within the Redhawk Specific Plan area were in favor of annexation into the City of Temecula
as well as the detachment of public park maintenance responsibilities from the County Service Area
143 to the City's Community Services District (TCSD). The special election was successful in
obtaining over 2/3's majority vote and as a result on June 30,2005 the City of Temecula will annex
the Redhawk Specific Plan area into the City and TCSD will begin park maintenance.
Park Site A is located adjacent to Redhawk Elementary School on Camino San Jose. This park is
currently owned by Overland National Land Fund and the County of Riverside possesses a
landscape maintenance easement deed for this park site. TCSD is working with the current
landowner to obtain the park grant deed and staff intents to bring the grant deed forward for
acceptance in July, 2005.
The acceptance of the Quitclaim Deed will permit TCSD the right to enter and maintain this park site
until the grant deed can be accepted by the City of Temecula.
FISCAL IMPACT: The annual cost for maintaining ParkA is $10,024 which is included in
the Temecula Community Service District Fiscal Year 2005-2006 budget.
ATTACHMENTS:
1.
Vicinity Map
R:\SMITIffi\Redhawk Annexation\Staff Report-Easement Park A.doc
City of Temecula GIS Application: Map/Report Window
Page I of I
City of Temecula
Geographic Information Systems
43200 Business Park Drive Temecula, CA 92590
(951)308-6300 www.cityoftemecula.org
Vicinity Map
Redhawk Park A
http://www.cityoftemecula.org/GIS_ArcIMSlPrint_Process.asp
06/22/2005
ITEM 9
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Herman D. Parker, Director of Community servic~
June 28, 2005
DATE:
SUBJECT:
TCSD Proposed Rates and Charges for Fiscal Year 2005-2006
PREPARED BY:
Barbara Smith, Management Analyst ~
That the Board of Directors:
RECOMMENDATION:
1. Adopt a resolution entitled:
RESOLUTION NO. CSD 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL
STREET LIGHTING, SERVICE LEVEL C - PERIMETER
LANDSCAPING, AND SERVICE LEVEL 0 - REFUSE AND
RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2005-
2006
2. Adopt a resolution entitled:
RESOLUTION NO. CSD 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL R - ROAD
MAINTENANCE SERVICES FOR FISCAL YEAR 2005-2006
BACKGROUND: The purpose of the TCSD Rates and Charges is to provide necessary
community services and programs to property owners within the City of Temecula. The TCSD
operates under the authority of Community Services District Law and its boundaries are the same as
those of the City of Temecula.
R:\SMITHB\Assessments\05-06 Assessment\Staf'f.BCD&R Public Hearing 6-28.doc
Property owners pay only for the TCSD services used or made available to their property through
separate rates and charges on their property tax bill. The Community Services, Parks and
Recreation and Service Level A Rates and Charges previously levied by the TCSD were replaced by
the City's Parks/Street Lighting Special Tax, approved by the voters as Measure C on March 4,
1997. Although the TCSD continues to operate and maintain the parks and recreational facilities
through a cooperative agreement with the City, the actual levy budget for the special tax was
considered and approved by the City Council on June 14, 2005.
As a result, the TCSD is currently comprised of the following four (4) remaining service levels:
1. Service Level 8 - Residential Street Liqhts. Operations, maintenance, utility costs
and administration of residential street lighting.
2. Service Level C - Perimeter Landscapinq. Operations, maintenance, utility costs,
improvements, and administration for all perimeter landscaping and slope
maintenance areas maintained by the TCSD.
3. Service Level D Refuse and Recyclinq Collection. Operation and administration of
the refuse and recycling program for single family residential homes.
4. Service Level R - Road Maintenance. Operations, construction, and
maintenance of certain unpaved streets and roads in the City.
Service Level "8" includes only those parcels within residential subdivisions that receive street
lighting services. The proposed rate of $25.68 per property owner has not been increased from last
fiscal year.
Service Level "C" includes only those parcels within residential subdivisions receiving TCSD
perimeter landscaping and slope maintenance. Rate C-8 was created in FY 03-04 at an annual rate
of $20.00 however due to construction delays and the fact that TCSD started maintenance of the
area in January 2005 the amount assessed in FY 04-05 was $10.00. Rate C-11 was established for
the Gallery Homes Traditions residential development located on the east side of Ynez Road
between Pauba and Santiago Roads. Due to construction delays, these parcels will not be
assessed for FY 05-06.
The rate levels are identified as follows:
Rate C-1:
Rate C-2:
Rate C-3:
Rate C-4:
Rate C-5:
Rate C-6:
Rate C-7:
Rate C-8
Rate C-9
Rate C-10
Rate C-11
$ 46.00
$ 89.00
$116.00
$175.00
$ 70.00
$225.00
$129.00
$ 20.00
$200.00
$100.00
$270.00
R:\SMITHB\Assessments\05-06 Assessment\Staff-BCD&R Public Hearing 6-28.doc
Service Level "D" provides refuse and recycling services to all single-family residential properties in
the City of Temecula. The Service Level "D" residential rate is contractually mandated to change
based on the 2004 CPI and the Riverside County Tipping Fee rate. The 2004 CPI rate is 3.3 %
which causes the rate to increase by $4.66. There was no increase to the Riverside County Landfill
tip fee for FY 2005-2006. An additional increase of $5.56 is also proposed to cover City operational
expenses which bring the proposed new annual rate to $190.92 per residential parcel. The
proposed FY 05-06 proposed rate of $190.92 is a 5.4% increase over last year's rate of $180.70.
As per Proposition 218 all property owners are required to be noticed as to the rates and charges
that the TCSD will be assessing at least 45 days prior to the public hearing. Notices were produced
and mailed on April 22, 2005 calling for a June 14, 2005 public hearing. These notices did not
include the rate for Service Level "D" for the residential parcels within the Redhawk area to be
annexed into the City on June 30, 2005. The notices were revised to include Service Level D and
mailed out to the Redhawk property owners on May 13, 2005. The new notice announced that the
June 14, 2005 public hearing for these rates and charges would be continued until June 28, 2005.
On May 24, 2005 the Board of Directors of TCSD approved a Resolution of Intention that called for
the public hearing to be held on June 28, 2005.
Service Level "R" includes only those parcels, which receive services for the maintenance of certain
unpaved roads that become inaccessible after inclement weather. The proposed rates R-1 and R-2
for these service levels will not increase from last year.
Residential Rate R-1:
Vacant Rate R-1:
$115.26
$ 57.64
$ 95.86
$ 47.94
Residential Rate R-2:
Vacant Rate R-2:
The levy formula used to fund these services has not been changed from last fiscal year. Only
those prop~rty owners who receive services from a particular service level pay for those services.
The levy and collection of the TCSD Rates and Charges is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 21080 (b)(8) of the California
Public Resources Code and Section 15273 of the State Guidelines because the rates and charges
are necessary to maintain existing services within the TCSD.
FISCAL IMPACT: The total Levy Budget for Service Levels B, C, and D for Fiscal Year
2005-2006 is $6,321,714. The total Levy Budget for Service Level R is $9,370. The revenue
generated from the TCSD Rates and Charges will fund perimeter landscaping; residential street
lighting; refuse and recycling collection services; and unpaved road maintenance in the City of
Temecula.
ATTACHMENTS:
1.
2.
3.
Resolution No. CSD 05-_ Service Levels B, C, and D.
Resolution No. CSD 05-_ Service Level R.
Proposed Annual Levy Report for Fiscal Year 2005-2006.
R:\SMITHB\Assessments\05-06 Assessment\Staff-BCD&R Public Hearing 6-28.doc
ATTACHMENT 1
RESOLUTION NO. CSD 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL B. RESIDENTIAL
STREET LIGHTING, SERVICE LEVEL C - PERIMETER
LANDSCAPING, AND SERVICE LEVEL 0 - REFUSE AND
RECYCLING COLLECTION SERVICES FOR FISCAL YEAR 2005-
2006
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE
DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS
FOLLOWS:
Section 1. Upon incorporation of the City ofTemecula, effective December 1, 1989,
voters approved the formation of the Temecula Community Services District ("TCSD"), to provide
specified services to properties within its jurisdiction.
Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD
has prescribed, revised and collected rates and charges for the services furnished by it, and has
elected to have these rates and charges collected on the tax roll in the same manner, by the same
persons, and at the same time as, together with and not separately from, property taxes within the
TCSD in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. By
previous resolution, the TCSD proposed to continue such rates and charges for the operation,
maintenance, service and administration of residential street lighting, perimeter landscaping, and
recycling and refuse collection services for Fiscal Year 2005-2006.
Section 3. Pursuant to Government Code Section 61621.2, the TCSD caused a
written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report
contains a description of each parcel of real property and the proposed amount of the rates and
charges for Fiscal Year 2005-2006. The Report is based upon a budget adopted by the Board of
Directors for the proposed services for specific areas where such services are provided, including
necessary staff and administrative expenses. A summary or the Report containing the proposed
rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated
herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD,
and is available for public inspection.
Section 4. By previous resolution, the Board of Directors acknowledged the filing of
the Report, and appointed a time and place for a public hearing on the Report and the proposed
rates and charges. Notice of the public hearing were mailed on April 22, 2005 calling for a public
hearing on June 14, 2005 however some of the notices were not complete and revised notices were
mail on May 13, 2005 calling for the public hearing to be held on June 28, 2005. Notice was
published as required by law and affidavits of publication and mailing are on file with the Secretary
of the TCSD.
R\SMITHB\Assessments\05-06 Assessment\Rates & Charges-Reso B, C, D & R Public Hearing.doc
Section 5. On June 14, 2005, the Board of Directors opened and continued to June
28, 2005 a public hearing on the Report and the proposed rates and charges. At the public hearing
on June 28, 2005, the Board of Directors will hear and consider all oral and written objections,
protests and comments by any interested person concerning the Report, the proposed rates and
charges, and the method of collection of such rates and charges.
Section 6. The Board of Directors hereby finds that, based on the Report and the
District budget, the rates and charges as set out on Exhibit "A" do not exceed the reasonable cost of
the services to be provided by the TCSD for Fiscal Year 2005-2006.
Section 7. The Board of Directors hereby overrules any and all objections and
protests and adopts the rates and charges for residential street lighting, perimeter landscaping, and
refuse and recycling collection services for Fiscal Year 2005-2006 as set out on Exhibit "A".
Section 8. The TCSD shall collect such rates and charges at the same time and in
the same manner and by the same persons as, together with and not separately from, the property
taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and
thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable
to the levy, collection, and enforcement of property taxes, including, but not limited to, those
pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are
applicable to these rates and charges, except for California Revenue and Taxation Code Section
4831. However, if for the first year the charge is levied, the real property to which the charge relates
has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide
encumbrancer for value has been created and attaches thereon, prior to the date on which the first
installment of such taxes appear on the roll, then the charge shall not result in a lien against the
property, but instead shall be transferred to the unsecured roll for collection.
Section 9. If a property owner subject to these rates and charges questions the
classification of the owner's property for Fiscal Year 2005-2006, or claims that an error has been
made with respectlo the implementation of the rates and charges or the application of the rates and
charges to the owner's property for that fiscal year, such property owner must appeal the levy by
filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1,2005, pursuant to
procedures established by the TCSD, in order to be considered under the appeal of classification or
correction of errors program.
Section 10. If a property owner subject to these rates and charges believes that
payment of the rates and charges for Fiscal Year 2005-2006 would create a hardship for that
property owner during that fiscal year, such property owner must appeal the levy by filing a hardship
appeal with the TCSD Secretary before 5:00 p.m. on December 1, 2005, pursuant to procedures
established by the TCSD, in order to be considered under the hardship appeal program.
Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August 10, 2005, the
Report and the property tax roll with such rates and charges enumerated for each parcel not exempt
there from; and the County Auditor is hereby designated, required, empowered, authorized,
instructed, directed and ordered to make collection of all such rates and charges as shown on that
roll and to perform any and all duties necessary therefore.
Section 12. Pursuant to the California Environmental Quality Act, the levy and
collection of these rates and charges ;s exempt from CEQA pursuant to California Public Resources
Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates and
charges are necessary to maintain existing improvements within the TCSD.
R:\SMITIlBlAssessments\05-06 Assessment\Rates & Charges-Reso B, C, D & R Public Hearing.doc
I
Section 13. The District Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
Community Services District this 28th day of June 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk/District Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution No. CSD 05-_ was duly adopted
by the Board of Directors of the Temecula Community Services District at the regular meeting
thereof, held on the 28th day of June, 2005, by the following vote of the Board of Directors.
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSENT:
DIRECTORS:
R:\SMITIIB\Assessments\OS-06 Assessment\Rates & Charges-Reso B, C, D & R Public Hearing.doc
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVELS B, C, AND D
On January 1,2002, MuniFinancial, Inc. was retained by the City ofTemecula to prepare the
Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2003-
2005. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government
Code of the State of California, commencing with Section 61000 et seo" the TCSD has the power to
levy and collect rates and charges in order to carry on its operations and to provide the services and
facilities furnished by it.
The levy and collection of the rates and charges is accomplished by the identification and
description of each parcel within a specific service level. A Service Level is a defined area that
provides a specific service, operation and maintenance and/or program to only those parcels
contained within that service level, as follows:
1. Service Level B - Residential Street Liohts. Operations, maintenance, utility costs
and administration of all residential street lights.
2. Service Level C - Perimeter Landscapino. Operations, maintenance, utility costs,
improvements, and administration for all perimeter landscaping and slope
maintenance areas maintained by the TCSD.
3. Service Level D Refuse and Recvclino Services. Operations and administration of
the refuse and recycling program, and street sweeping services for all single-family
residential homes.
The Financial Analysis contained herein includes Service Levels B, C, and D with their total levy
budgets for Fiscal Year 2005-2006 to be as follows:
SERVICE LEVEL/LEVY BUDGET
RATE LEVEL
PARCEL CHARGE
Service Level B
$ 595,160
$1,269,336
N/A
$ 25.68
$ 46.00
$ 89.00
$116.00
$175.00
$ 70.00
$225.00
$129.00
$ 20.00
$200.00
$100.00
$270.00
$190.92
Service Level C
C-1
C-2
C-3
C-4
C-5
C-6
C-7
C-8
C-9
C-10
C-11
Service Level D
$4,457,218
TOTAL TCSD LEVY
FOR SERVICE LEVELS
B, C, AND D:
$6.321.714
R:\SMITHBlAssessments\05-06 Assessment\Rates & Charges-Reso B, C, D & R Public Hearing.doc
ATTACHMENT 2
RESOLUTION NO. CSD 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF TEMECULA
COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES
FOR SERVICE LEVEL R- ROAD MAINTENANCE SERVICES FOR FISCAL
YEAR 2005-2006
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE
DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS
FOLLOWS:
Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989,
voters approved the formation of the Temecula Community Services District ("TCSD"), to provide
specified services to properties within its jurisdiction.
Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD
has prescribed, revised and collected rates and charges for the services furnished by it, and has
elected to have these rates and charges collected on the tax roll in the same manner, by the same
persons, and at the same time as, together with and not separately from, property taxes within the
TCSD in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. By
previous resolution, the TCSD proposed to continue such rates and charges for the maintenance of
streets and roads for Fiscal Year 2005-2006.
Section 3. Pursuant to Government Code Section 61621.2, the TCSD caused a
written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report
contains a description of each parcel of real property and the proposed amount of the rates and
charges for Fiscal Year 2005-2006. The Report is based upon a budget adopted by the Board of
Directors for the proposed services for specific areas where such services are provided, including
necessary staff and administrative expenses. A summary or the Report containing the proposed
rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated
herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD,
and is available for public inspection.
Section 4. By previous resolution, the Board of Directors acknowledged the filing of
the Report, and appointed a time and place for a public hearing on the Report and the proposed
rates and charges. Notice of the public hearing were mailed on April 22, 2005 calling for a public
hearing on June 14, 2005 however some of the notices were not complete and revised notices were
mail on May 13, 2005 calling for the public hearing to be held on June 28, 2005. Notice was
published as required by law and affidavits of publication and mailing are on file with the Secretary
of the TCSD.
Section 5. On June 14, 2005, the Board of Directors opened and continued to June
28, 2005 a public hearing on the Report and the proposed rates and charges. At the public hearing
on June 28, 2005, the Board of Directors will hear and consider all oral and written objections,
protests and comments by any interested person concerning the Report, the proposed rates and
charges, and the method of collection of such rates and charges.
R:\SMITHB\Assessments\05-06 Assessment\Rates & Charges-Reso B, C, D & R Public Hearing,doc
Section 6. The Board of Directors hereby finds that, based on the Report and the
District budget, the rates and charges as set out on Exhibit "A" does not exceed the reasonable cost
of the services to be provided by the TCSD for Fiscal Year 2005-2006.
Section 7. The Board of Directors hereby overrules any and all objections and
protests and adopts the rates and charges for the road maintenance services for Fiscal Year 2005-
2006 as set out on Exhibit "A" for the services to be provided by the TCSD.
Section 8. The TCSD shall collect such rates and charges at the same time and in
the same manner and by the same persons as, together with and not separately from, the property
taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and
thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable
to the levy, collection, and enforcement of property taxes, including, but not limited to, those
pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are
applicable to these rates and charges, except for California Revenue and Taxation Code Section
4831. However, if for the first year the charge is levied, the real property to which the charge relates
has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide
encumbrancer for value has been created and attaches thereon, prior to the date on which the first
installment of such taxes appear on the roll, then the charge shall not result in a lien against the
property, but instead shall be transferred to the unsecured roll for collection.
Section 9. If a property owner subject to these rates and charges questions the
classification of the owner's property for Fiscal Year 2005-2006, or claims that an error has been
made with respect to the implementation of the rates and charges or the application of the rates and
charges to the owner's property for that fiscal year, such property owner must appeal the levy by
filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2005, pursuant to
procedures established by the TCSD, in order to be considered under the appeal of classification or
correction of errors program.
Section 10. If a property owner subject to these rates and charges believes that
payment of the rates and charges for Fiscal Year 2005-2006 would create a hardship for that
property owner during that fiscal year, such property owner must appeal the levy by filing a hardship
appeal with the TCSD Secretary before 5:00 p.m. on December 1, 2005, pursuant to procedures
established by the TCSD, in order to be considered under the hardship appeal program.
Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August 10, 2005, the
Report and the property tax roll with such rates and charges enumerated for each parcel not exempt
there from; and the County Auditor is hereby designated, required, empowered, authorized,
instructed, directed and ordered to make collection of all such rates and charges as shown on that
roll and to perform any and all duties necessary therefore.
Section 12. Pursuant to the California Environmental Quality Act, the levy and
collection of these rates and charges is exempt from CEQA pursuant to California Public Resources
Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates and
charges are necessary to maintain existing improvements within the TCSD.
Section 13. The District Secretary shall certify to the adoption of this Resolution.
R:\SMITHB\Assessments\OS-06 Assessment\Rates & Charges-Reso B, C, D & R Public Hearing.doc
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula
Community Services District this 28th day of June 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk/District Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution No. CSD 05-_ was duly adopted
by the Board of Directors of the Temecula Community Services District at the regular meeting
thereof, held on the 28th day of June 2005, by the following vote of the Board of Directors.
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSENT:
DIRECTORS
R:\SMITHB\Assessments\OS-06 Assessment\Rates & Charges-Reso S, C, D & R Public Hearing.doc
EXHIBIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL R
On January 1, 2002, MuniFinancial, Inc. was retained by the City of Temecula to prepare
the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal
Year 2005-2006. Pursuant to the Community Services District Law, Division 3 of Title 6 of the
Government Code of the State of California, commencing with Section 61000 et seq" the TCSD
has the power to levy and collect rates and charges in order to carry on its operations and to
provide the services and facilities furnished by it.
The levy and collection of the rates and charges is accomplished by the identification and
description of each parcel within a specific service level. A Service Level is a defined area that
provides a specific service, operation and maintenance and/or program to only those parcels
contained within that service level, as follows:
Service Level R - Road Maintenance Services. Construction, installation, and
maintenance of streets and roads throughout the City.
The Financial Analysis contained herein includes the Service Level R total levy budget for Fiscal
Year 2005-2006 to be as follows:
SERVICE LEVEULEVY BUDGET
RATE LEVEL PARCEL CHARGE
Service Level R
$9,370
R-1 Improved
R-1 Unimproved
R-2 Improved
R-2 Unimproved
$115.26
$ 57.64
$ 95.86
$ 47.94
TOTAL TCSD LEVY
FOR SERVICE LEVEL R:
$9,370
R:\SMITHB\Assessments\05-06 Assessment\Rates & Charges-Reso B, C, D & R Public Hearing.doc
ATTACHMENT 3
CITY OF TEMECULA
ENGINEER'S ANNUAL LEVY REPORT
Temecula Community Services District
(TCSD)
Fiscal Year 2005/2006
INTENT MEETING:
PUBLIC HEARING:
April 26 2005 & May 24, 2005
June 14, 2005 & June 28, 2005
II MuniFinancial
Corporate Office:
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (951) 587-3500
Tel: (800) 755-MUNI (6864)
Fax: (951) 587-3510
Office Locations:
Anaheim, CA
Lancaster, CA
Los Angeles Regional Office
Oakland, CA
Phoenix, AZ
Sacramento, CA
Seattle, WA
www.munLcom
ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Rates and Charges for the:
Temecula Community Services District (TCSD)
City of Temecula
Riverside County, State of California
This Report and the information contained herein reflect the proposed budget for each
of the various services provided by the District and the rates and charges applicable to
those services as they existed at the time of the passage of the Resolution of Intention.
Reference is hereby made to the Riverside County Assessor's maps for a detailed
description of the lines and dimensions of parcels within the District. The undersigned
respectfully submits the enclosed Report as directed by the Board of Directors of the
Temecula Community Services District.
Dated this
day of
,2005.
MuniFinancial
District Engineer
On Behalf of the City of T emecula and
The Temecula Community Services District
By:
Adina Vazquez
Project Manager, District Administration Services
By:
Richard Kopecky
R. C. E. # 16742
TABLE OF CONTENTS
I. INTRODUCTION .............................................................................................1
II. PLANS AND SPECIFICATIONS .......:.................................................2
A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES............................................2
B. BUDGET AND LEVY SUMMARY ...................................................................................3
C. DISTRICT SERVICES AND CHARGES...........................................................................5
III. CHANGES TO THE DISTRICT ..........................................................10
A. NOTABLE MODIFICATIONS TO THE DISTRICT.............................................................10
B. PROPOSED MODIFICATIONS OF THE DISTRICT FOR FISCAL YEAR 2005/2006..............11
IV. DISTRICT BUDGETS..............................................................................15
V. METHOD OF APPORTIONMENT.....................................................17
APPENDIX A - 2005/2006 COLLECTION ROLL..............................19
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
I. INTRODUCTION
Upon incorporation of the City of Temecula ("City"), effective December 1, 1989,
voters approved the formation of the Temecula Community Services District
("District") to provide specified services to properties within its jurisdiction previously
provided by the County of Riverside ("County"). The boundary of the District is
coterminous with the City boundary 'and includes all parcels within the City with the
City Council acting as the Board of Directors ("Board") for the District. The District
collects property-related fees and charges ("Charges") in order to provide services
and maintain the improvements within the District. The District was formed, and
Charges are set and established, pursuant to the Community Services District Law,
Title 6, Division 3 of the California Government Code ("CSD Law").
Each fiscal year, an Engineer's Annual Levy Report (the "Report") is prepared, filed
and approved by the Board. This Report describes the District, any changes to the
District and the proposed Charges for the fiscal year. The word "parcel," for the
purposes of this Report, refers to an individual property assigned its own Assessment
Number or Assessor's Parcel Number by the Riverside County Assessor's Office. The
Riverside County Auditor/Controller uses Assessment Numbers and specific Fund
Numbers, to identify on the tax roll, properties charged for District services. The
Charges contained in the Report are based on the historical and estimated cost to
service properties within the District. The services provided by the District and the
corresponding costs are budgeted and charged as separate Service Levels and
include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for
the services provided to the parcel.
The District provides residential street lighting, perimeter landscaping and slope
protection, and refuse collection in numerous residential developments as well as
road improvement and maintenance within specified areas of the District. Pursuant to
Government Code Sections 61621 and 61621.2, the District has prescribed, revised
and collected rates and charges for residential street lighting ("Service Level B"),
perimeter landscaping ("Service Level C"), refuse/recycling ("Service Level D"), and
road maintenance ("Service Level R") services furnished by the District, and has
elected to have these rates and charges collected on the tax roll in the same manner,
by the same persons, and at the same time as, together with and not separately from,
its general taxes in the manner prescribed by Government Code Sections 61765.2 to
61765.6, inclusive.
MuniFinancial
Page 1
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
Pursuant to Government Code Section 61621.2, this Report is prepared and
presented to the Board to prescribe Service Level B, Service Level C, Service Level D
and Service Level R Rates and Charges for the parcels and territories within the
District.
A Public Hearing is held each year before the Board to allow the public an opportunity
to hear and be heard regarding the District. Following consideration of all public
comments and written protests at the noticed Public Hearing, and review of the
Report, the Board may order amendments to the Report or confirm the Report as
submitted. Following final approval of the Report, and confirmation of the Charges,
the Board shall order the levy and collection of Charges for Fiscal Year 2005/2006. In
such case, the levy information will be submitted to the Riverside County
Auditor/Controller, and included as Charges on the property tax roll for the various
services provided in Fiscal Year 2005/2006.
II. PLANS AND SPECIFICATIONS
A. General Description of the District and Services
The boundary of the District is coterminous with the City boundary, and includes all
parcels within the City. The District provides certain property related services and
improvements consisting of four (4) separate and distinct services referred to as
"Service Levels". Each parcel within the District is charged proportionately for only
those services attributable to the parcel. Each Service Level has differing costs
depending upon the services provided. All parcels identified within a Service Level
share in the cost of the service. The costs associated with the service are
proportionately spread among all properties within that Service Level to which the
service is provided. Services and improvements provided through the District include
residential street lighting; perimeter landscape maintenance and slope protection; a
refuse and recycling collection program; and road improvement construction and
maintenance. The Service Levels are identified as follows:
. Service Level B - Residential Street Lighting
. Service Level C - Perimeter Landscaping
. Service Level D - Refuse/Recycling
. Service Level R - Road Maintenance
MuniFinancial
Page 2
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
B. Budget and Levy Summary
The budgets for each Service Level are shown in detail in Section IV of this report.
Each Service Level provides different and specific services and improvements to
various parcels within the District. Only the parcels that the services and
improvements are levied for are included at each of the Service Levels. The "Total
Levy Units" and the resulting "Charge Per Levy Unit" (shown in Table I), reflect a
method of apportionment that most fairly proportions the costs of the services to the
parcels in that Service Level. The "Total Levy Units" for Service Levels 8, C, and D is
based on a per parcel count. For Service Level R, levy units are based on a Parcel
Development Unit ("PDU"), which is similar to a per parcel count, but makes a
distinction between developed and undeveloped parcels. For a more complete
description of the methods used for calculating the "Total Levy Units" used for each
Service Level, please refer to (Section V), Method of Apportionment.
MuniFinancial
Page 3
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Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
C. District Services and Charges
Service Level S, Residential Street Lighting - includes all developed single family
residential parcels and residential vacant lots for which the District provides on-going
servicing, operation, and maintenance of local street lighting improvements. The
current rate and charges for Service Level B is $25.68 per residential lot and shall be
applied to developed and undeveloped residential parcels within the following Tracts
and subdivisions for Fiscal Year 2005/2006.
Service Level S Tracts
04153-00 19939-02 21082-01 22593-00 23065-03 23143-08 24131-02 24187-02 29798-05
04188-00 20079-00 21082-02 22593-01 23065-04 23143-09 24131-03 24188-01 29798-06
04457-00 20079-01 21082-03 22593-02 23066-01 23143-10 24132-00 24232-00 29798-07
06559-00 20079-02 21082-04 22627-00 23066-02 23143-11 24132-01 25004-01 29798-08
07401-00 20079-03 21340-00 22627-01 23066-03 23173-00 24133-00 25892-00 29798-09
07402-00 20130-00 21340-01 22715-00 23066-04 23173-01 24133-01 26488-00 29798-10
08369-00 20130-01 21340-02 22715-01 23066-05 23173-02 24133-02 26828-00 29928-00
08369-01 20130-02 21340-03 22715-02 23067-02 23173-03 24133-03 26828-01 29928-01
08369-02 20130-03 21340-04 22716-00 23067-03 23173-04 24133-04 26828-02 29928-02
11087-01 20130-04 21340-05 22716-01 23067-04 23174-01 24133-05 27827-00 29928-03
11087-02 20130-05 21340-06 22716-02 23067-05 23174-02 24134-00 27827-01 29929-00
12189-01 20130-06 21340-07 22716-03 23100-01 23174-03 24134-01 27827-02 29929-01
12189-02 20153-00 21430-01 22716-04 23100-02 23174-04 24134-02 27827-03 30088-00
12189-03 20154-00 21561-00 22761-00 23100-03 23174-05 24134-03 28309-00 30667-00
12189-04 20319-00 21672-01 22762-00 23100-04 23174-06 24135-00 28480-00 30667-01
12189-05 20643-00 21672-02 22786-00 23100-05 23177-00 24135-01 28482-00 30667-02
12189-06 20644-00 21672-03 22915-00 23100-06 23209-00 24135-02 28482-01 30667-03
12189-07 20703-01 21672-04 22915-01 23100-07 23220-00 24135-03 28482-02 30668-00
13060-01 20703-02 21673-00 22915-02 23100-08 23267-00 24136-00 28482-03 30668-01
13060-02 20703-03 21673-01 22915-03 23101-01 23267-01 24136-01 28503-00 30668-02
13060-03 20735-01 21673-02 22916-00 23101-02 23267-02 24136-02 28510-00 30669-00
13060-04 20735-02 21673-03 22916-01 23101-03 23267-03 24136-03 28510-01 30669-01
13060-05 20735-03 21674-00 22916-02 23101-04 23267-04 24182.01 28510-02 30669-02
13060-06 20735-04 21674-01 22916-03 23101-05 23371-00 24182-02 28510-03 31053-00
13060-07 20735-05 21674-02 22962-00 23101-06 23371-01 24182-03 28526-00 31053-01
13060-08 20735-06 21674-03 23063-01 23125-00 23371-02 24182-04 28553-00 31053-02
18518-00 20735-07 21675-00 23063-02 23125-01 23371-03 24183-00 28553-01 31053-03
18518-01 20735-08 21675-01 23063-03 23125-02 23371-04 24183-01 28810-00 Old Town
18518-02 20735-09 21675-02 23063-04 23125-03 23371-05 24184-00 28980-00 PM 24387
18518-03 20848-00 21675-03 23063-05 23126-00 23371-06 24184-01 29033.00 PM 26488
18583-00 20879-00 21675-04 23063-06 23128-00 23371-07 24185-00 29036-00 PM 27493
19872-00 20879-01 21675-05 23063-07 23142-00 23371-08 24185-01 29203-00 PM 28122
19872-01 20882-00 21675-06 23063-08 23143-00 23371-09 24185-02 29286-00
19872-02 20882-01 21760-00 23064-00 23143.01 23371-10 24186-00 29734-00
19872-03 20882-02 21765-00 23064-01 23143-02 23371-11 24186-01 29798-00
MuniFinancial Page 5
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
19872-04
19872-05
19939-00
19939-01
20882-03
20987-00
21067-00
21082-00
22148-00
22203-00
22204-00
22208-00
23064-02
23064-03
23065-00
23065-01
23143-03
23143-04
23143-06
23143-07
23371-14
23483-00
24131-00
24131-01
24186-02
24186-03
24187-00
24187-01
29798-01
29798-02
29798-03
29798-04
Service level C, Perimeter landscaping - includes all developed single family
residential parcels and residential vacant lots for which the District provides on-going
servicing, operation, and maintenance of perimeter landscaped areas and slopes
within the public right-of-ways and dedicated easements adjacent to and associated
with certain tracts and subdivisions. The level of maintenance required within these
tracts and subdivisions vary depending on operating costs. Eleven (11) subzones and
their corresponding rates have been established within Service Level C.
. The proposed and maximum rate for C-1 is $ 46.00.
. The proposed and maximum rate for C-2 is $ 89.00.
. The proposed and maximum rate for C-3 is $116.00.
. The proposed and maximum rate for C-4 is $175.00.
. The proposed and maximum rate for C-5 is $ 70.00.
. The proposed and maximum rate for C-6 is $225.00.
. The proposed and maximum rate for C-7 is $129.00.
. The proposed and maximum rate for C-8 is $20.00.
. The proposed and maximum rate for C-9 is $200.00.
. The proposed and maximum rate for C-10 is $100.00.
. The approved rate for C-11 is $270.00, but will be not be levied for fiscal year
2005/2006. The project area is under construction and maintenance of the perimeter
landscaping and slopes has yet to be accepted by TCSD. Construction is estimated
to be completed in June 2006.
MuniFinancial
Page 6
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
The current rate and charges for Service Level C is per residential lot and shall be
applied to developed and undeveloped residential parcels within the following Tracts
and subdivisions for Fiscal Year 2005/2006.
Service Level C Tracts
Rate Level C-1
Tract Name
Presley Development
Tract Numbers
23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01
26861-02 26861-03
22593-00 22593-01 22593-02
20879-00 20879-01
28309-00
Rancho Solana
The Vineyards
Monte Vista
Rate Level C-2
Tract Name Tract Numbers
Morrison Homes 22148-00
Ridgeview 20735-07 20735-08 20735-09 21764-00 27493-PM
Winchester Creek 20130-00 20130-01 20130-02 20130-03 20130-04 20130-05 20130-06
21340-00 21340-01 21340-02 21340-03 21340-04 21340-05 21340-06
21340-07
Wood crest Country 21561-00 22208-00
Rate Level C-3
Tract Name Tract Numbers
Martinique 23128-00
Rancho Highlands 20643-00 20644-00 21760-00 22203-00 22204-00 22761-00 22762-00
Saddlewood 18518-00 18518-01 18518-02 18518-03
Vintage Hills 22715-00 22715-01 22715-02 22716-00 22716-01 22716-02 22716-03
22716-04 22915-00 22915-01 22915-02 22915-03 22916-00 22916-01
22916-02 22916-03 28122-PM
Lennar 29286-00
MuniFinancial
Page 7
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
Rate level C-4
Tract Name Tract Numbers
Barcley Estates 25004-01
Meadow View 21765-00
Signet Series 20882-00 20882-01 20882-02 20882-03
Tradewinds 23125-00 23125-01 23125-02 23125-03
Village Grove 21672-01 21672-02 21672-03 21672-04 21673-00 21673-01 21673-02
21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01
21675.02 21675-03 21675-04 21675-05 21675-06
Crowne Hill 23143-00 23143-01 23143-02 23143-03 23143-04 23143-06 23143-07
23143-08 23143-09 23143-10 23143-11
Rate level C-5
Tract Name Tract Numbers
Temeku Hills 23371-00 23371-01 23371-02 23371-03 23371-04 23371-05 23371-06
23371-07 23371-08 23371-09 23371-10 23371-11 23371-14 23371-15
28482-00 28482-01 28482-02 28482-03 28526-00 29033-00
Rate level C-6
Tract Name Tract Numbers
Woodside 28510-00 28510-01 28510-02 28510-03
Rate level C-7
Tract Name Tract Numbers
Vail Ranch 23173-00 23173-01 23173-02 23173-03 23173-04 23174-01 23174-02
23174-03 23174-04 23174-05 23174-06 28480-00 28832-00
Rate level C-8
Tract Numbers
Lorna Linda 19872-00 19872-01 19872-02 19872-03 19872-04 19872-05
Rate level C-g
Tract
Tract Name Numbers
Shea Homes 23209
MuniFinancial
Page 8
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
Rate Level C-10
Tract Name
Harveston Development
Tract
Numbers
29928-00
29929-00
30088-00
30667-00
30668-00
30669-00
31053-00
29928-01 29928-02 29928-03
29929-01
30667-01 30667-02 30667-03
30668-01 30668-02
30669-01 30669-02
31053-01 31053-02 31053-03
Rate Level C-11
Tract Name
Traditions/Gallery Homes
Tract
Numbers
29133-00
Service Level D, RefuselRecycling Collection - provides for the operation and
administration of the refuse collection program including recycling and street
sweeping services for all developed single family residential homes (or "household")
within the District. The rate and charges for Fiscal Year 2005/2006 for Service Level
o is $190.92 per Household and will be applied to all parcels that have been
identified as developed single family residential homes.
Service Level R, Road Maintenance - provides funding for construction,
improvement, service and maintenance of public streets and roads throughout the
District. The services provided may include, but are not limited to: renovation or
restoration due to damage; flood and drainage control; repairs and re-grading; and
upgrades of the existing areas as required for unpaved roads. All parcels identified
within Service Level R share in the cost of the services provided. The costs
associated with the services are proportionately spread among all parcels within
various areas ("rate levels") of Service Level R. Service Level R currently has two (2)
rate levels. The level of maintenance required within these two (2) areas vary due to
operating costs, and therefore separate rate levels have been established. Only the
parcels within each of the two (2) boundary areas will be charged for the costs
associated with servicing and maintaining the roads and streets in the area.
MuniFinancial
Page 9
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
. Rate level R-1 -This rate level consists of seventy-six (76) assessable parcels
that have direct access to roads or streets that are serviced and maintained
through the District. This rate level provides funding for servicing and maintenance
of: Kimberly Lane; Greenwood Lane; Liefer Road; Gatlin Road; and, Pala Vista. A
total of 1.546 miles of roads are serviced and maintained in this area.
. Rate level R-2 - This rate level consists of thirty-four (34) assessable parcels
that have direct access to roads or streets that are serviced and maintained
through the District. This rate level provides funding for servicing and maintenance
of Santiago Road. A total of 0.36 miles of roads are serviced and maintained in
this area.
III. CHANGES TO THE DISTRICT
Changes or modifications to the District structure, if any, could include, but are not
limited to: changes or expansion in the existing improvements or in the types of
services provided; addition of new services or Service Levels; restructuring of the
current Service Levels; inclusion of parcels into the District or Service Levels; or
revisions in the method of apportionment. Changes or modifications within the District
that may affect the levy are outlined in the following.
A. Notable Modifications to the District
(i) On March 4, 1997, the voters of Temecula approved a Special Tax to fund
citywide community services. This Special Tax replaced two existing Service
Levels, previously charged through the Community Services District.
. Community Services, Parks, and Recreation - that provided for the
maintenance, service and operation of all public parks and recreation services
within the City.
. Service level A, Arterial Street Lighting and Medians - that provided
servicing, operation, and maintenance of traffic signals, street lighting and
landscaped medians along arterial streets.
MuniFinancial
Page 10
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
Beginning in Fiscal Year 1997/1998 these two Service Levels were replaced by the
Special Tax and are no longer charged through the District.
(ii) Effective July 1, 2005, the Redhawk Community will be annexed as part of the
City of Temecula. Beginning in Fiscal Year 2005/2006 the Redhawk Community
will be charged for Service Level B, Service Level D and the Special Park Tax.
B. Proposed Modifications of the District for Fiscal Year 200512006
The most notable modification to the District for Fiscal Year 2005/2006 is related to
the addition of improvements and expansion of existing services as a result of new
development. When a new residential tract is developed, the District accepts
additional improvements for maintenance and servicing. Along with acceptance of the
improvements, the parcels within those tracts are included in the appropriate Service
Levels. The improvements and services for Service Levels Band C are typically tract
or development specific and therefore, all parcels within a tract or development are
included in these two Service Levels when the District accepts the improvements.
Additionally, individual residential parcels are included in Service Level D when a new
single family residential unit is identified and service is ordered.
Service level B
On January 13, 2004, the District Board of Directors approved by Resolution No. CSD
04-02, the adoption of Service Level B rates and charges within the Redhawk
Annexation Area. The total number of assessable parcels to be included as part of
the annexation is 2,995 residential lots.
Other inclusions to Service Level B (Residential Street Lighting) include 1,425
additional residential lots for Fiscal Year 2005/2006. The following tracts are the new
developments for Fiscal Year 2005/2006:
Development
Tract Number
26828-00
26828-01
26828-02
Total Number of Lots
50
35
45
130
Avondale Homes
Subtotal
Wolf Creek
Development
29798-00
29798-01
29798-02
29798-03
29798-04
29798-05
29798-06
29798-07
29798-08
29798-09
29798-1 0
76
65
53
75
44
56
45
52
48
47
68
629
Subtotal
MuniFinancial
Page 11
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
Development Tract Number Total Number of Lots
30667-00 43
30667-01 36
30667-02 35
30667-03 57
30668.00 29
30668-01 31
Harveston 30668-02 42
Development 30669-00 67
30669-01 51
30669-02 77
31053-00 69
31053-01 38
31053-02 37
31 053-03 54
Subtotal 666
23063-01 73
23063-02 145
23063-03 188
23063-04 130
23063-05 127
23063-06 120
23063-07 120
23063-08 69
23064-00 107
23064-01 83
23064-02 84
23064-03 107
23065-00 324
23065-01 49
Redhawk 23065-03 130
23065-04 73
23066-01 115
23066-02 82
23066-03 129
23066-04 72
23066-05 96
23067-02 119
23067-03 58
23067-04 94
23067-05 66
28980-00 53
29203-00 137
29734-00 43
PM 24387 2
Subtotal 2,995
Total 4,420
MuniFinancial
Page 12
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
The number of units for each of the tracts referenced for inclusion in SeNice Level B
represents the total number of residential parcels and lots within that tract. Although
these tracts have been fully subdivided or a tract map has been approved, in some
cases, the actual Assessor's Parcel Numbers (APN's) for each of the individual
residential parcels may not have been established by the County Assessor's Office.
In such cases, the APN's currently recognized by the County are assigned and
charged for the number of residential lots associated with each parcel within the tract.
The new APN's for each of the individual residential parcels and lots are expected to
be established by the time the levy is submitted to the County, but if not, the existing
APN's will be charged based on the number of residential lots associated with each
APN.
Service Level C
There are a total of 14 tracts for a total of 666 assessable parcels added to SeNice
Level C (Perimeter Landscaping), for FY 2005/2006, for the Subzone C-10
(HaNeston Development). The project areas were under construction during FY
2004/2005. Maintenance of the perimeter landscaping and slopes has been accepted
by Temecula Community SeNices Department.
Subzone C-11 (Tradition/Gallery Homes) is also being annexed into the District. The
project area is under construction and maintenance of the perimeter landscaping and
slopes has yet to be accepted by TCSD. Construction is estimated to be completed in
June of 2006. The new subzone, however will not be levied in FY 2005/2006.
Subzone C-11 has 8 assessable parcels.
Service Level 0
On January 18, 2005, Waste Management, the current waste hauler within the
Redhawk Community has agreed to allow the City's exclusive franchised waste
hauler CR&R, Inc. to become responsible for all waste hauling and recycling seNices
within the annexation area. The transfer will be effective June 30, 2005. The total
number of assessable parcels added due to the annexation is 2,567 single family
residential parcels. These parcels were identified as single family residential based on
the City's Geographic Information System as provided by the Riverside County
Assessor's Office.
In addition, a total of 836 newly developed single family residential parcels have been
identified and added to SeNice Level D (Refuse/Recycling) for Fiscal Year
2005/2006. These new single family residential parcels are identified each year and
included in SeNice Level D based on city building permits and the waste hauler's
updated seNice records.
MuniFinancial
Page 13
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
An increase is proposed to the annual rate and charge for Service Level D (Refuse
Collection/Recycling) to $190.92 per residential parcel beginning Fiscal Year
2005/2006. For Fiscal Year 2004/2005, the rate and charge for this Service Level
was $180.70. General Contribution was used to offset the rate increase there by
reducing the charge for this service to a rate of $179.86 for Fiscal Year 2004/2005.
Due to a contractual agreement with the waste hauler the rate will increase by $4.66
per parcel. The balance of the increase is $5.56, which covers City operational
expenses for a new annual rate of $190.92 per residential parcel.
For more information, please refer to the section titled "District Budgets." The costs
for the District represent actual service costs, as provided in the City's franchise
agreement with CR&R.
Service Level R
There are no new inclusions to Service Level R (Road Maintenance), proposed for
the current fiscal year.
MuniFinancial
Page 14
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
IV. DISTRICT BUDGETS
The Tables on the next two (2) pages show the District budget for Fiscal Year
2005/2006.
FISCAL YEAR 200512006 DISTRICT BUDGET
Temecula Community Services District
Operating Budget Department Summary for the Year Ending June 30, 2006
Acc!. Level B Level C Level D Level R Total
Budget Items No. 192 193 194 195 District
PERSONNEL SERVICES $5,585 $263,606 $42,925 $0 $312,116
Subtotal $5,585 $263,606 $42,925 $0 $312,116
OPERA TlONS MAINTENANCE
Repair & Maintenance Facilities 5212 $0 $46.000 $0 $0 $46.000
Office Supplies 5220 200 0 0 0 200
Printin9 5222 0 0 11,000 0 11,000
Election Costs (Offset by Developer
Deposits) 5225 1.000 500 0 0 1,500
Dues and Memberships 5226 0 0 5,000 0 5,000
Postage and Packaging 5230 1,000 0 0 0 1.000
Property Tax Administrative Fees 5231 12,000 12.000 12,400 100 36,500
Utilities 5240 0 290,000 0 0 290,000
Small Tools and Equipment 5242 0 0 8,200 0 8,200
Consulting Services 5248 0 30,000 0 0 30,000
Other Outside Services 5250 0 0 5,000 0 5,000
Public Notices 5256 6.000 3.900 7,000 0 16,900
Mileage 5262 0 0 200 0 200
Recognition Program 5265 0 0 1,600 0 1,600
Subtotal/5200s1 $20,200 $382,400 $50,400 $100 $453,100
MuniFinancial
Page 15
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
FISCAL YEAR 200512006 DISTRICT BUDGET
Temecula Community Services District
Operating Budget Department Summary for the Year Ending June 30, 2006
Acct. level B level C level D level R Total
Budget Items No. 192 193 194 195 District
OPERA TIONS MAINTENANCE
Waste Hauling 5315 $0 $0 $4,327,415 $0 $4,327,415
Street Lighting 5319 648,000 0 0 0 648,000
Subtotal (53005) $648,000 $0 $4,327,415 $0 $4,975,415
Emergency Road Maintenance 5402 $0 $0 $0 $12.100 $12,100
landscape Maintenance 5415 0 680.000 0 0 680,000
Landscape Rehabilitation 5416 0 130,000 0 0 130,000
Subtotal (54005) $0 $810,000 $0 $12,100 $822,100
Capital Outlay $0 $0 $0 $0 $0
Subtotal $0 $0 $0 $0 $0
TOTAL DIRECT DISTRICT COSTS $673,785 $1,456,006 $4,420,740 $12,200 $6,562,731
EXPENDITURES/REVENUES
Contingency Expenses $0 $0 $63.978 $0 $63,978
Total Direct District Costs 673,785 1,456,006 4,420,740 12,200 6.562.731
TOTAL EXPENDITURESIREVENUES $673,785 $1,456,006 $4,484,718 $12,200 $6,626,709
CONTRIBUTIONS
Contributions from Fund Revenue Sources $0 $0 $0 $0 $0
Contributions from Other Revenue Sources 22,770 35,120 27,500 725 86,115
Contributions from the General Fund 0 0 0 0 0
Fund Balance Contributions 55.855 151.550 0 2,105 209.510
TOTAL CONTRIBUTIONS $78,625 $186,670 $27,500 $2,830 $295,625
Balance to levv (Budaeted) $595,160 $1,269,336 $4,457,218 $9,370 $6,331,084
MuniFinancial
Page 16
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
V. METHOD OF APPORTIONMENT
As in past years, the cost to provide services within the District will be fairly distributed
among each eligible property.
Service Level B (Residential Street Lighting); Service Level C (Perimeter
Landscaping and Slopes); and Service Level 0 (Refuse/Recycling):
The following is the formula used to calculate each property's District charges by the
per parcel (residential "lot") method.
Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge
Service Level R (Roads):
The Charge Per Levy Unit for Service Level R is based on a Parcel Development Unit
(PDU), which is similar to a per parcel charge, but makes a distinction between
developed and undeveloped parcels.
Parcel Development Units = 1.0 for Developed Parcels
Parcel Development Units = 0.5 for Undeveloped Parcels
Total Balance to Levy I Total Parcel PDU (in rate Level) = Parcel Charge
The following tables reflect the levy calculations for each Service Level.
PARCEL CHARGE CALCULATIONS FOR
SERVICE LEVEL B
Property Type
Single Family Residential Lot
Vacant Residential Lot
Parcel/Unit X
1.00
1.00
Charge per
Parcel
$25.68
$25.68
Parcel
= Charge
$25.68
$25.68
Multiplier
Per Parcel
Per Parcel
MuniFinancial
Page 17
.
Temecula Community SeNices District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
PARCEL CHARGE CALCULATIONS FOR
SERVICE LEVEL C
Charge per Parcel
Property Type and Zone Parcel/Unit X Parcel = Charge Multiplier
Residential Lot C-1 1.00 $46.00 $46.00 Per Parcel
Residential Lot C-2 1.00 $89.00 $89.00 Per Parcel
Residential Lot C-3 1.00 $116.00 $116.00 Per Parcel
Residential Lot C-4 1.00 $175.00 $175.00 Per Parcel
Residential Lot C-5 1.00 $70.00 $70.00 Per Parcel
Residential Lot C-6 1.00 $225.00 $225.00 Per Parcel
Residential Lot C-7 1.00 $129.00 $129.00 Per Parcel
Residential Lot C-8 1.00 $20.00 $20.00 Per Parcel
Residential Lot C-9 1.00 $200.00 $200.00 Per Parcel
Residential Lot C-10 1.00 $100.00 $100.00 Per Parcel
Residential Lot C-11 1.00 $0.00 $0.00 Per Parcel
PARCEL CHARGE CALCULATIONS FOR
SERVICE LEVEL 0
Charge per Parcel
Property Type' ParcellUnit X Parcel = Charge Multiplier
Sinqle Family Residential Lot 1.00 $190.92 $190.92 Per Parcel
. Developed residential parcel identified by CR&R for which refuse collections are available.
PARCEL CHARGE CALCULATIONS FOR
SERVICE LEVEL R
Charge per Parcel I
Property Type and Zone Parcel/Unit X Unit = Charge Multiplier
Single Family Residential Lot R-1 1.00 $115.26 $115.26 Per Parcel
Vacant Residential Lot R-1 0.50 $115.26 $57.64 Per Parcel
Sinale Familv Residential Lot R-2 1.00 $95.86 $95.86 Per Parcel
Vacant Residential Lot R-2 0.50 $95.86 $47.94 Per Parcel
,
MuniFinancial Page 18
I
Temecula Community Services District
Engineer's Annual Levy Report
Fiscal Year 2005/2006
Appendix A - 2005/2006 COLLECTION ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the County Assessor's map for the year in which this report is prepared.
A listing of parcels within this District, along with the charges, has been submitted to the
City Clerk and, by reference, is made part of this report.
MuniFinancial
Page 19
TCSD
DEPARTMENTAL
REPORT
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
JUNE 14, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:00
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 5
AGENCY MEMBERS
Comerchero, Edwards, Naggar,
Washington, and Roberts
ABSENT: 0
AGENCY MEMBERS:
None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of May 24, 2005.
MOTION: Agency Member Comerchero moved to approve Consent Calendar Item NO.1. The
motion was seconded by Agency Member Naggar and electronic vote reflected unanimous
approval.
AGENCY BUSINESS
2 Review and Adoption of the FY2005-06 Annual Operatina Budaet
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 05-_
A RESOLUTION OF THE AGENCY MEMBERS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
ADOPTING THE FY2005-06 ANNUAL OPERATING BUDGET
AND ESTABLISHING CONTROLS ON CHANGES IN
APPROPRIATIONS
By way of a PowerPoint presentation, Executive Director Nelson provided an overview of the
Annual Operating Budget.
R\Minutes.rdal061405
MOTION: Agency Member Comerchero moved to adopt Resolution No. RDA 05-03. The
motion was seconded by Agency Member Edwards and electronic vote reflected unanimous
approval.
3 Review and Adoption of the FY2006-2010 Capital Improvement Budqet for the
Redevelopment Aqencv
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. RDA OS-_
A RESOLUTION OF THE AGENCY MEMBERS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING THE CAPITAL IMPROVEMENT PROGRAM
FY2006-2010 AND ADOPTING THE CAPITAL IMPROVEMENT
BUDGET FOR FY2005-2006
By way of a PowerPoint presentation, Executive Director Nelson provided an overview of the
Capital Improvement Budget.
MOTION: Agency Member Comerchero moved to adopt Resolution No. RDA 05-04. The
motion was seconded by Agency Member Edwards and electronic vote reflected unanimous
approval.
EXECUTIVE DIRECTOR'S REPORT
No additional comment.
AGENCY MEMBERS' REPORTS
No additional comments.
ADJOURNMENT
At 8:05 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, June 28, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
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ITEM 2
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Redevelopment Agency Members
FROM: John Meyer, Redevelopment Director JfMI\
DATE: June 28, 2005
SUBJECT: Agreement between Melody's Ad Works and the Redevelopment Agency
RECOMMENDATION: That the Agency Board approve an agreement with Melody's Ad Works
for promoting and marketing Special Events in Old Town.
BACKGROUND: Melody Brunsting, a Temecula public relations and special events
coordinator, has been assisting the Agency in promoting and marketing special events in Old
Town Temecula since 1999. Since that time, the Agency has expanded our special events to
include the Bluegrass Festival, Youth Jazz, Painted Parasol Music Festival, Western Days,
Street Painting Festival, Hot Summer Friday Nights, Saturday Nights on Main Street, Temecula
On-Stage, Antique Faire, Quilt Festival, Howl-O-Ween in Old Town, Erie Stanley Gardner
Mystery Weekend and A Dickens of a Christmas in Old Town. These special events attract
visitors to Old Town in hosting a variety of activities of interest for the local community and
tourists of all ages. Through these efforts, merchants and restaurants have benefited by
increased business and continued support of Old Town's economic viability.
FISCAL IMPACT: The $30,500 will be funded through the Old Town Implementation Plan (280-
199-999-5362) 2005/06 Budget.
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REDEVELOPMENT AGENCY
OF THE
CITY OF TEMECULA
AGREEMENT
FOR CONSULTANT SERVICES
MELODY'S AD WORKS INC.
THIS AGREEMENT, is made and effective as of July 1, 2005, between the
Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency") and Melody's
Ad Works 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, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2006, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The Agency agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment
rates and schedule of payment are null and void. This amount shall not exceed Thirty Thousand
Five Hundred Dollars and 00 Cents ($30,500.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement. Expenses incurred by consultant will
be billed separately and are not considered part of the services fee.
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 Executive Director. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said services. The Executive Director may approve additional work not to
exceed ten percent (10%) of the amount of the Agreement.
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 nondisputed fees. If the Agency 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.
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5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency 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 Agency 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 Agency
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 Agency . Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency 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, Agency 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 Executive Director 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 Agency 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 Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency
or its designees at reasonable times to such books and records, shall give Agency the right to
examine and audit said books and records, shall permit Agency to make transcripts therefrom 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
Agency and may be used, reused or otherwise disposed of by the Agency without the permission
of the Consultant. With respect to computer files containing data generated for the work, Consultant
shall make available to the Agency, upon reasonable written request by the Agency, the necessary
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computer software and hardware for purposes of accessing, compiling, transferring and printing
computer files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the 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 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 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 Agency .
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, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) per accident for
bodily injury or disease.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Executive Director. At the option of the
Executive Director, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the Agency, 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 Agency, 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 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 Agency , 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 Agency, its
officers, officials, employees and volunteers. Any insurance or self-
insured maintained by the Agency, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the Agency, 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 Agency.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency . Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the Agency 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 Agency . All endorsements are to be received and approved by the Agency
before work commences. As an alternative to the Agency's forms, the Consultant's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
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10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the Agency 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 Agency
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 Agency. Consultant
shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or
bind Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing servic;es hereunder for Agency. Agency 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 Agency, 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 Agency's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the Executive Director or unless requested by the Agency 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 Agency. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives Agency notice of such court order or subpoena.
b. Consultant shall promptly notify Agency 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
thereunder or with respect to any project or property located within the Agency. Agency 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 Agency and to provide Agency with
the opportunity to review any response to discovery requests provided by Consultant. However,
Agency's right to review any such response does not imply or mean the right by Agency to control,
direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
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effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To Agency:
Redevelopment Agency of the
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant:
Melody Brunsting
Melody's Ad Works Inc.
21705 Como Street
Wildomar, CA 92595
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
Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement,
only Melody Brunsting shall perform the services described in this Agreement. Melody's Ads Works
may use assistants, under their direct supervision, to perform some of the services under this
Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of
Melody Brunsting from Consultant's employ. Should he or she leave Consultant's employ, the
Agency shall have the option to immediately terminate this Agreement, within three (3) days of the
close of said notice period. 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 Executive 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 Agency 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 Redevelopment Agency of the City 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 judgement, shall be entitled to reasonable attorney
fees and litigation expenses for the relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the Redevelopment
Agency 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 Agency that no officer or employee of the Redevelopment Agency of the City ofT emecula has
any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the
business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees
to notify the Agency in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
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18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
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.
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
Shawn D.Nelson, Executive Director
Attest:
Susan W. Jones, CMC Agency Secretary/
City Clerk
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Approved As to Form:
Peter M. Thorson, Agency Counsel
CONSULTANT
By:
Name:
Title:
By:
Name:
Title:
(Signatures of two corporate officers required for Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
PAYMENT RATES AND SCHEDULE
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Marketing and Public Relations
Budget Proposal
Old Town Temecula
Special Event Promotions
2005-2006
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aoLcom - Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
[}(1]@D@@~g~ &cf1 W@oill~
Marketing and Public Relations
EVENT:
Hot Summer Ni2hts:
The weekly fonnat has been the most effective of the programs and continually
builds the crowd over an eight-week period. We'll continue the Friday night activities but
add one Saturday night concert per month - July, August and September. Friday night
events will begin July 8, 2005 and continue through August 26, 2005.
Cooperative Advertising providing low cost ads to Old Town Business Owners and a jI;z
page ad twice weekly in the Californian increased the 2004 event exposure.
Additionally we received $1,000 cash from Country Porch and J Gordon Trains paid
$750 for bands in front of their store.
The Boys and Girls Club used the Midway Games as a fundraiser event for their Youth
Leadership Program. Funds helped them go to Washington, D.C. in November 2004.
EVENTS AND ACTIVITIES
. 8 weeks - July 8 through August 26, 2005
. EVERY FRIDAY.
. One strong band in the center of town, smaller bands,
entertainment on north and south end.
o Kids Midway at one end of town with prizes
Hot Summer Nights 8 week Budget:
Melodv's Ad Work, Inc.
Advertising
$ 7,000
$ 11000
Kfrog $4000(Partial sponsor)
MY 94.5 $3200, (partial sponsor)
Californian/coop ads $3000,
Table Tents for restaurants & hotels $500
Entertainment $11,000
Facilities (stages where necessary) $ 2,000
Games $ 400
Permits $ 200
Hot Summer Nights
$24,600
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556.1721 (909) 678-1456 ^ Fax (909) 678-5467
E.mail Melsads@aol.com.Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com
~@D@@]~~ &@] W@)[ffu~
Marketing and Public Relations
Summer Nil!hts on Main Street NEW PROPOSED EVENT
Three Saturday evening concerts are proposed with a 3 foot stage, lighting and ambiance
of the Temecula OnStage event minus the wine and alcohol. This event will also be free
however, to promote DINNER IN OLD TOWN, anyone dining at an Old Town Temecula
restaurant on Concert Night will receive an annband with guaranteed seating in front of
the stage. We are targeting 3 headline acts and three separate themed musical nights.
Proposed as follows: Blues Night - with a headliner like Rod Piazza and the Mighty
Flyers or Ruby and the Red Hots, Country Western Night - co-sponsored by Kfrog and
currently proposing Mark Chestnut in Concert, and Classic Rock night featuring the
Hollywood All Stars and compilation of several 80s rock bands. These will be advertised
with HOT SUMMER NIGHTS, but will require additional entertainment, facilities, sound
and lighting.
They will also require the closing of Main Street from Front Street to the Bridge from the
hours of 4 p.m. to IO p.m. on Saturday Night.
Melodv's Ad Works Fee
$ 2,500
o Entertainment
Mark Chestnutt
Ruby & Red Hots
Hollywood All Stars
Local Wann Up Bands
o Facilities
Stage, Sound and Lighting
$ 7,000
$ 3,500
$ 2,500
$ 2,250
$4500 per night
$13,500
o Chairs
$ 300 per night
$ 300
TOTAL FOR NEW CONCERT SERIES
$29,050
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com - Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com
~@D@cfI~~ &cf1 ~@[f~~
Marketing and Public Relations
ANTIQUE FAIRE NEW EVENT
September 25, 2005
This is a proposed new event as requested by those merchants who objected to the
Street Painting Festival street closures. They requested a street antique faire and we are
currently working with a committee to develop this event.
September was chosen, as it was one of the slowest times for merchants last year and we
believe an added event will help jump start the holiday buying season.
It will include up to 30 vendor-selling antiques, vendor fees. and possible street closures.
Booth fees will be $100 for lOxlO; $150 for lOx20; $200 for 20x20; with most requiring
20x20s.
Advertising for vendors and participants began March, 2005.
Melodv's Ad Works, Inc. $ 2,000
Advertising $ 3,600
Facilities $ 2,500
Permits $ 200
Total Expenses Antique Street Faire $ 6,300
QUILT FESTIVAL
October 1, 2005
No direct costs. Valley of Mist Quilting guild produces event and asks that the city
include the event in their calendar. Melody's Ad Works to assist with calendar notices
and publicity. $500 is placed in budget to assist them with permits and advertising costs
relating to flyers and banner installation. This year the organization has arrangedfor
workshops and a retreat for quilters in Temecula.
Total Expenses Quilt Festival
$
500
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com - Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com
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Marketing and Public Relations
Howl-o-Ween in Old Town
October 29, 30, 2005
Weekend activities to include pumpkin decorating, broomstick decorating,
costume contest and contest walk. Participating merchants will be recognized by signs in
doors. Pet Costume Contest will return to Sam Hicks Park. It proved very successful last
year.
Melodv's Ad Works
$~
$2,000
$ 500
$2.000
Entertainment
Prizes and supplies
Advertisements
Howl-O-Ween Expense Total
$4,500
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com - Website: www.Temeculacalifornla.com
Also hosting www.Temeculatheater.com, www.GirlstalksDorts.com
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Marketing and Public Relations
Erie Stanley Gardner Mystery Weekend
November 5 and 6, 2005
This event continues to grow in recognition and community involvement. The
committee now consists of members from the Temecula Valley Museum, Temecula Valley
Players, media. Temecula Friends of the Library and the Temecula Valley Historical
Society. It is a cooperative effort with the Museum and Temecula Valley Players to
produce the first Mystery weekend.
In 2004 the Californian Newspaper sponsored the event allowing our
advertising budget to provide 14 straight days of FULL PAGE ADS. They would like to
return again. We also had $2000 in cash sponsorships and $500 in-kind sponsorships
For 2005 Verizon, Arrowhead Savings and Loan, and Rosenstein and Hitzeman
have already agreed to sponsor the event, with Verizon providing laptop computers for
winning schools, and the other two providing $2500 cash.
Includes:
o Mystery contest and prizes
o Writers workshops and seminars
o Characters performing throughout the town
o Final Performance of one Perry Mason Show tied to mystery contest
o Writing Competition for Youth - through adult amateur mystery writers.
o "Around Uncle Erie's Campfire" Cowboy Poetry evening Saturday
o Local merchants should sponsor prizes.
o Antique - original restored vehicles only - Car Show.
Melody's Ad Works Fee
TOTAL
$1&!!Q
$4,550
$1,500
$ 800
$ 500
$1.500
$ 8,850
Advertising
Speakers Fees
Prizes
Reception costs/other
Facility Rentals
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556.1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com - Website: www.Temeculacalifomia.com
Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com
~@D@@~~ &@ W@ufu@
Marketing and Public Relations
A DICKENS OF A CHRISTMAS RETURNS
Saturdays & Sundays, November 19,20,26,27, December 3,4, 10, 11, 17 and 18,
2005.
(Note the events will start BEFORE Thanksgiving weekend.)
Santa's arrival to include horse drawn sleigh, Dickens Carollers and a
Snow machine on the sleigh providing snow as Santa Arrives. Additional
this event will be co-promoted with the Temecula Valley Players who are
proposing a "Scrooge" the musical version of A Christmas Carol for the
new theater. During the five weeks of Christmas their cast of characters
will meander the streets. We will also add a bell-ringing, choreographed
Dickens Choir.
Country Porch once again in 2004 sponsored the Santa Tent with a
$1,000 sponsorship and will return as the sponsor.
Melodv's Ad works
$2.&Q!!
$8,000
$7,000
$ 500
$2,000
Advertisements
Entertainment
Santa Supplies and decor
Facilities
Christmas Event Expenses
$
17,500
$1,600
NEW WREATHS... really need them
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556.1721 (909) 678-1456 ^ Fax (909) 678-5467
E.mail Melsads@aol.com - Website: www.Temeculacalifomia.com
Also hosting www.Temecutatheater.com, www.Girlstalksoorts.com
~@D@)cfl~~ &@] W@ufu~
Marketing and Public Relations
Bluel!:rass Festival
March 18 and 19, 2006
. OVERNIGHT STREET CLOSURE - 3RD STREET
. Continue with the three-stage format.
. Additional radio promotion to extend the schedule
. Sponsorships for 2005 =$3,000 and Vendor fees totaled $1795
reducing costs of the event by $4795.
Melody's Ad Works
$ 3,000
$ 3,000
$12,000
$ 6.000
Advertisements
Entertainment
Facilities
2006 Bluegrass Expenses
$ 21,000
Painted Parasol Music Festival
Dates April 22, 2006
In 2005 the event changed in scope offering Youth Jazz Band Ensembles
for local high schools the opportunity to play in Old Town and raise funds for
their bands. We added a Blues Concert that went from 2 p.m. to 7 p.m. on
Saturday and coordinated a youth event at the Children's Museum where they
painted parasols and learned about the weather.
Melodv's Ad Works
$2,000
$4,000
$2,000
$2.500
$8,500
Entertainment
Advertisement
Facilities
Jazz and Blues Fest Expenses
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com - Website: www.Temeculacalifornia.com
Also hosting www.Temecutatheater.com, www.Girlstalksoorts.com
UW@D@@]~~ &@] OO@uln~
Marketing and Public Relations
Western Days
May 20 and 21, 2005
No changes to the event other than budgeting for facilities. With many of our lots
under construction, the future need for seating. toilets, etc. is anticipated with the
Facilities line item. This event draws a good crowd and vendor response. It is possible to
increase income with vendors providing the right venue for both the peifonnances and
vendors are made available.
Melody's Ad Works
$2,000
$2,450
$1,500
$2.000
Entertainment
Facilities
Advertisement
Western Days 2006 expenses
$5,950
Street Paintinl! Festival
June 24 and 25, 2006
We propose to take up the length of Main Street from the bridge to Mercedes for
2005. Artists and Main Street merchants where streets were closed were equally pleased
with the new location of Main Street. This event needs more space, and loses continuity
when it turns comers. Pre-registered artists went from 25 to 80 in a 2- hour period after
the registration deadline and all work was top quality. Youth participating for 2004 was
also up with all youth chalk sets completely consumed.
Melody's Ad Works
$.M!!Q
$2,000
$2,250
$1,000
$1.500
Advertisement
Entertainment
Supplies - chalk, etc.
Facilities
Street Painting Festival Expenses
$6,750
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E.mail Melsads@aol.com - Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com
~@D@)(f]~~ &@] W@~~
Marketing and Public Relations
TOTAL BUDGET 2005-06
HOT SUMMER NIGlITS
SA TURDA Y NIGlITS ON MAIN STREET
QUILT FESTIVAL
ANTIQUE FAIRE
HALLOWEEN
ERIE STANLEY GARDNER
DICKENS CHRISTMAS IN OLD TOWN
BLUEGRASS FESTIVAL
MUSIC FESTIVAL
WESTERN DAYS
STREET PAINTING FESTIVAL
NEW WREATHS & DECOR CHRISTMAS
TOTAL
MELODY'S AD WORKS. INC.
$24,600
$29,050
$ 500
$ 6,300
$ 4,500
$ 8,850
$17,500
$21,000
$ 8,500
$ 5,950
$ 6,750
$ 1.600
135.100
30.500
Expenses incurred by Melody's Ad Works Inc., in order to conduct these programs
such as printing, postage, wreath supplies, Christmas decorations, ice, signage, ice,
prizes, games and toys for the events will be billed separately and are not part of the
contract price for services.
21705 Como Street ^ Wildomar ^ California 92595
Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467
E-mail Melsads@aol.com - Website: www.Temeculacalifornia.com
Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com
ITEM 3
APPROV
. CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
DATE:
CITY OF TEMECULA
AGENDA REPORT
Executive Director/Agency Board j( hi
John Meyer, Redevelopment Director ref '"
June 28, 2005
TO:
FROM:
SUBJECT:
Annual Contract for Keyser Marston Associates, Inc. for Real Estate Economic
and Affordable Housing Consulting Services
RECOMMENDATION:
That the Agency Board:
1. Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$125,900.00 to provide as-needed Real Estate Economic and Affordable Housing
Consulting Services.
2. Authorize the Redevelopment Chairperson to execute the agreement.
BACKGROUND: The Agency is currently pursuing a comprehensive range of
redevelopment projects, including commercial, institutional, affordable housing and other
revitalization initiatives. Keyser Marston Associates, Inc. (KMA) has provided economic
consulting services to assist the Temecula Redevelopment Agency (Agency) with its
redevelopment and affordable housing projects for nearly ten years. The attached one-year
agreement is to provide as-needed services for projects through Fiscal Year 2005-06. In order
to assist the Agency with these activities, KMA will provide the following menu of consulting
services on an as-needed basis:
1. Market Support and Valuation
2. Fiscal and Economic Impact
3. Financial Analysis
4. Identification of Financing Sources
5. Transaction Structuring/Negotiations
6. Preparation of Reuse Analyses and Summary Reports
7. Public Hearings and Presentations
KMA will provide all services, as requested, on a time-and materials basis subject to the
attached standard hourly billing rate schedule.
FISCAL IMPACT: The $100,000 will be funded through 165-199-999-5250 and $25,900
through 280-199-999-5250 2005/06 Budget.
Attachment: Annual KMA Agreement
KMA Proposals
KeyserMarstonannualagreement0506
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2005/06
FOR REAL ESTATE ECONOMIC SERVICES
THIS AGREEMENT is made and effective as of July 01, 2005, between the City of
Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston
Associates, Inc. ("Consultant'J). 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, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2006, 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.
5. PAYMENT.
a. The Agency 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 Twenty Five
Thousand Nine Hundred Dollars and 00/100 ($25,900.00 ) 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 Executive Director. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said services.
The Executive Director may approve additional work up to ten percent (10%) of the amount of the
Agreement but in no event shall the total sum of the agreement (basic agreement amount and
contingency amount) exceed twenty -five thousand dollars ($25,000.00). Any additional work in
excess of this amount shall be approved by the Agency Board.
R:\KeyserMarston2004\Consultant.Prof Srvcs.200506kma280.dot
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 Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on
the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency 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 Agency 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 Agency
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 Agency. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, Agency 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 Executive Director 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 oftime, the Agency 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. Cons-ultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency or
its designees at reasonable times to such books and records, shall give Agency the right to examine
and audit said books and records, shall permit Agency to make transcripts there from as necessary,
and shall allow inspection of all work, data, documents, proceedings and activities related to this
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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, 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 Agency and may be used, reused or otherwise
disposed of by the Agency without the permission of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration ofthe contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
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project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) per accident for
bodily injury or disease.
(4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Agency Manager. At the option of the Agency
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
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e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the Agency 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 Agency
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 Agency 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 Agency
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
Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. Agency 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 Executive Director or unless requested by the Agency Counsel, 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 Agency notice of such court order. or subpoena.
b. Consultant shall promptly notify Agency 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
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there under or with respect to any project or property located within the City. Agency 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 Agency and to provide Agency 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 Agency 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:
The City of Temecula Redevelopment Agency
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant:
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508
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 Agency Board 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 Agency 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 Agency 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 ofTemecula
Redevelopment Agency 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
R:\KeyserMarston2004\Consultant.Prof Srvcs.2Q0506kma280.dot
tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that
no officer or employee of the City of Temecula Redevelopment Agency 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
Agency 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA REDEVELOPMENT
AGENCY
Ron Roberts, RDA Chairperson
Attest:
Susan W. Jones, CMC, Agency Secretary/
City Clerk
Approved As to Form:
Peter M. Thorson, Agency Counsel
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CONSULTANT
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508)
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
PAYMENT RATES AND SCHEDULE
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
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KEYSER MARSTON ASSOCIATES INC.
AVYJSORSIN:
1660 HOTEL CIRCLE NORTH, SUITE 716
SAN DIEGO, CALIFORNIA 92108
PHONE: 619/718-9500
FAX: 619/718-9508
WWW.KEYSERMARSTON.COM
REAL ESTATE
REDEVELOPMENT
AFFORDABLE HOUSING
ECONOMIC DEVELOPMENT
SAN DIEGO
Gerald M. Trimble
Paul C. Marra
MEMORANDUM
Los ANGELES
Calvin E. Hollis, II
Kathleen H. Head
James A. Rabe
Paul C. Anderson
Gregory D. Soo-Hoo
To:
John Meyer, AICP
Director of Housing and Redevelopment
Temecula Redevelopment Agency
SAN FRANCISCO
A. Jerry Keyser
Timothy C. Kelly
Kate Earle Funk
Debbie M. Kern
Robert 1. Wetmore
From:
KEYSER MARSTON ASSOCIATES, INC.
Date:
June 20, 2005
Subject:
Proposal for Real Estate Economic Consulting
Services
Per your request, Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for
economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its
redevelopment objectives. The Agency is currently pursuing a comprehensive range of
redevelopment initiatives, including commercial, institutional, and other revitalization
endeavors. In order to assist the Agency with its activities, KMA will provide the following
menu of economic consulting services on an as-needed basis:
. Market Support and Valuation - KMA assists our clients with market demand analyses;
identification of appropriate development programs; and projection of absorption
potential and achievable rents and prices. KMA also works with community stakeholders
and planning and design professionals to evaluate the development potential - both
commercial and residential - for specific districts or neighborhoods.
. Fiscal and Economic Impact - KMA prepares assessments of fiscal and economic
benefits for proposed developments, including in-fill residential and commercial uses.
These assessments consider the potential impacts of a development proposal on the
surrounding community; the level of property tax and sales tax generation; and potential
benefits in terms of jobslhousing balance.
CEUJJRATlNG 30 YEARS OF SERVICE TO OUR CLIENTS
05356mm
To:
Subject:
John Meyer, AICP
Proposal for Real Estate Economic Consulting Services
June 20, 2005
Page 2
. Financial Analysis - KMA assists our clients in reviewing the financial feasibility of
proposed developments. This task serves our clients in several ways: comparison of
competing proposals; identification of supportable land value, or, alternatively, need for
"gap" financing; and assessment of the overall feasibility of alternative development
concepts. Typically, the KMA pro forma analyses are used extensively in the context of
negotiations with developers and/or property owners.
. Transaction Structuring/Negotiations - One of KMA's key roles is to assist public
agencies in soliciting and evaluating development proposals from qualified developers
and property owners. We assist our public clients in negotiating the terms of land sales
and public financial assistance.
. Preparation of Reuse Analyses and Summary Reports - Section 33433 of the Health and
Safety Code defines the specific process a redevelopment agency must follow in order to
dispose of public assets for purposes of private development. This process requires that
an agency prepare a Summary Report comparing the fair market value of the property at
highest and best use, the re-use value of the property subject to the covenants and
conditions imposed by the agency, and the agency's costs under the proposed
development agreement.
. Public Hearings and Presentations - KMA will participate as needed in public meetings
when redevelopment transactions are considered.
In order to assist the Agency with these services, KMA recommends that the Agency establish
a budget of $25,900. We will provide all services, as requested, on a time-and-materials basis
subject to the attached standard hourly billing rate schedule.
attachment
CELEBRATING 30 YEARS OF SERVICE TO OUR CLIENTS
Q5356mm
KEYSER MARSTON ASSOCIATES, INC.
HOURLY FEE SCHEDULE
2005/2006
A. JERRY KEYSER.
$250.00
MANAGING PRINCIPALS'
$250.00
PRINCIPALS.
$240.00
MANAGERS.
$195.00
SENIOR ASSOCIATES
$170.00
ASSOCIATES
$150.00
SENIOR ANALYSTS
$135.00
ANALYSTS
$115.00
TECHNICAL STAFF
$87.50
ADMINISTRATIVE STAFF
$72.50
Directly related job expenses not included in the above rates are: auto mileage, air fares,
hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro-
cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date. A charge of 1 % per month will be added to all past due
accounts.
. Rates for individuals in these categories will be increased by 50% for time spent in
court testimony.
CELEBRAT1NG 30 YEARS OF SERVICE TO OUR CLIENTS
05356mm
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA REDEVELOPMENT AGENCY
AND
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2005/06
FOR AFFORDABLE HOUSING SERVICES
THIS AGREEMENT is made and effective as of July 1, 2005 , between the City of
Temecula Redevelopment Agency, a municipal corporation ("Agency") and Keyser Marston
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 , 2005 , and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June
30, 2006, 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.
5. PAYMENT.
a. The Agency 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 00/100 ($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 Executive Direcor. Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed to by
Executive Director and Consultant at the time Agency's written authorization is given to Consultant
for the performance of said services.
The Executive Director may approve additional work up to ten percent (10%) ofthe amount of the
Agreement but in no event shall the total sum of the agreement (basic agreement amount and
contingency amount) exceed twenty -five thousand dollars ($25,000.00). Any additional work in
excess of this amount shall be approved by the Agency Board.
R:\KeyserMarston2004\Consultant.Prof Srvcs.200506kma.dot
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 Agency disputes any of consultant's fees it shall give
written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on
the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The Agency 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 Agency 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 Agency
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 Agency. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions ofthis Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, Agency 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 Executive Director 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 Agency 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 Agency that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of Agency or
its designees at reasonable times to such books and records, shall give Agency the right to examine
and audit said books and records, shall permit Agency to make transcripts there from as necessary,
and shall allow inspection of all work, data, documents, proceedings and activities related to this
R:\KeyserMarston2004IConsunant.Prof Srvcs.200506kma.dot
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, 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 Agency and may be used, reused or otherwise
disposed of by the Agency without the permission of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance ofthis 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 SCODe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00011185 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. Ifthe Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
R:\KeyserMarston2004\Consullant.Prof Srvcs.200506kma.dot
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 or disease.
(4) . Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Agency Manager. At the option of the Agency
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; orthe 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)
(2)
(3)
(4)
(5)
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.
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.
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, officiais, employees or volunteers.
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.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall noi 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.
R:\KeyserMarston2004IConsultant.Prof Srvcs.200506kma.dot
e. AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the Agency 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 Agency
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 Agency 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 Agency
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
Agency in any manner.
b. No emplQyee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except forthe fees paid to Consultant as provided in the
Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. Agency 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 Executive Director or unless requested by the Agency Counsel, 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 Agency notice of such court order or subpoena.
b. Consultant shall promptly notify Agency 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 . 'I
request, court order or subpoena from any party regarding this Agreement and the work performed
R:\KeyserMarston2004\Consultant.Prof Srvcs.200506kma.dot
there under or with respect to any project or property located within the City. Agency 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 Agency and to provide Agency 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 Agency 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 ofthe 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:
The City of T emecula Redevelopment Agency
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Executive Director
To Consultant:
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718.9508
16. 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 Agency Board 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 Agency 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 Agency 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 ofthe City of Temecula
Redevelopment Agency 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
R:\KeyserM.rston2004\Consultant.Prof Srvcs.200506kma.dot
tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that
no officer or employee of the City of Temecula Redevelopment Agency 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
Agency 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OFTEMECULA REDEVELOPMENT
AGENCY
Ron Roberts RDA Chairperson
Attest:
Susan W. Jones, CMC, Agency Secretary/
City Clerk
Approved As to Form:
Peter M. Thorson, Agency Counsel
R:\KeyserMarston2004\Consultant.Prof Srvcs.200506kma.dot
CONSULTANT
Attn: Paul Marra
Keyser Marston Associates, Inc.
1660 Hotel Circle North, Suite 716
San Diego, CA 92108
(619) 718-9508)
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
I
R:\KeyserMarston2004\Consultant.Prof Srvcs.200506kma.dot
EXHIBIT A
PAYMENT RATES AND SCHEDULE
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
R:\KeyserMarston2004\Consultant.Prof Srvcs.200506kma.dot
EXHIBIT B
PAYMENT RATES AND SCHEDULE
R:\KeyserMarston2004\Consunant.Prof Srvcs.200506kma.dot
KEYSER MARSTON ASSOCIATES INC.
AOYlSORS IN:
1660 HOTEL CIRCLE NORTH, SUITE 116
SAN DIEGO, CALIfORNIA 92108
PHONE: 6191718-9500
FAX: 619/718.9508
WWW.KEYSERMARSTON.COM
REAL ESTATE
REDEVELOPMENT
AFFORDABLE HOUSING
ECONOMIC DEVELOPMENT
SAN DIEGO
Gerald M. Trimble
Paul C. Marra
MEMORANDUM
To:
John Meyer, AICP
Director of Housing and Redevelopment
Temecula Redevelopment Agency
Los ANGELES
Calvin E. Hollis, II
Kathleen R Hcad
James A. Rabe
Paul C. Anderson
Gregory D. Soo-Hoo
From:
KEYSER MARSTON ASSOCIATES, INC.
SAN FRANCISCO
A. Jerry Keyser
Timothy C. Kelly
Kate Earle Funk
Debbie M. Kern
Robert J. Wetmore
Date:
June 20, 2005
Subject:
Proposal for Affordable Housing Consulting Services
Per your request, Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for
consulting services to assist the Temecula Redevelopment Agency (Agency) with its
affordable housing objectives. The Agency is currently pursuing a comprehensive range of
affordable housing initiatives, including both rental and for-sale housing. In order to assist the
Agency with its activities, KMA will provide the following menu of consulting services on an as-
needed basis:
. Market Support and Valuation - KMA assists our clients with market demand analyses;
identification of appropriate development programs; and projection of absorption
potential and achievable rents and prices.
· Financial Analysis - KMA assists our clients in reviewing the financial feasibility of
proposed developments. This task serves our clients in several ways: comparison of
competing proposals; identification of supportable land value, or, alternatively, need for
"gap" financing; and assessment of the overall feasibility of alternative development
concepts. Typically, the KMA pro forma analyses are used extensively in the context of
negotiations with developers and/or property owners.
· Identification of Financing Sources - The development process, in particular the
development of affordable housing, typically relies on the "layering" of various public and
private financing sources - including competitively allocated federal, state, and local
funding. KMA has worked extensively with redevelopment and housing agencies to
successfully implement affordable and mixed-income housing developments.
CELEBRAl1NG 30 YEARSOF SERV/CETO OUR CUENTS
05355mm
To:
Subject:
John Meyer, AICP
Proposal for Affordable Housing Consulting Services
June 20, 2005
Page 2
· Transaction StructuringlNegotiations - One of KMA's key roles is to assist public
agencies in soliciting and evaluating development proposals from qualified developers
and property owners. We assist our public clients in negotiating the terms of land sales
and public financial assistance.
· Preparation of Reuse Analyses and Summary Reports - Section 33433 of the Health and
Safety Code defines the specific process a redevelopment agency must follow in order to
dispose of public assets for purposes of private development. This process requires that
an agency prepare a Summary Report comparing the fair market value of the property at
highest and best use, the re-use value of the property subject to the covenants and
conditions imposed by the agency, and the agency's costs under the proposed
development agreement.
· Public Hearings and Presentations - KMA will participate as needed in public meetings
when redevelopment transactions are considered.
In order to assist the Agency with these services, KMA recommends that the Agency establish
a budget of $100,000. We will provide all services, as requested, on a time-and-materials
basis subject to the attached standard hourly billing rate schedule.
attachment
KEYSER MARSTON ASSOCIATES. INC.
HOURLY FEE SCHEDULE
2005/2006
A. JERRY KEYSER.
$250.00
MANAGING PRINCIPALS'
$250.00
PRINCIPALS.
$240.00
MANAGERS.
$195.00
SENIOR ASSOCIATES
$170.00
ASSOCIATES
$150.00
SENIOR ANALYSTS
$135.00
ANALYSTS
$115.00
TECHNICAL STAFF
$87.50
ADMINISTRATIVE STAFF
$72.50
Directly related job expenses not included in the above rates are: auto mileage, air fares,
hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data pro-
cessing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within
thirty (30) days of invoice date. A charge of 1 % per month will be added to all past due
accounts.
. Rates for individuals in these categories will be increased by 50% for time spent in court
testimony.
ITEM 4
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Redevelopment Agency Members
FROM: John Meyer, Redevelopment Director ~
DATE: June 28,2005
SUBJECT: Old Town Billboard Lease Agreement
RECOMMENDATION: That the Agency approve a $40,680 Lease Agreement with Lamar
Advertising Company for the Old Town Billboard.
BACKGROUND: Since 1997, the Agency has been leasing a Billboard to help promote Old
Town. The Billboard has been considered an effective tool to advertise Old Town to the motoring
public along Interstate 15. The proposed lease agreement with Lamar Advertising will be in the
amount of $2900 per month for rent and $490 per change-out of sign copy for a total of $40,680.
We estimate 12 change-outs during the upcoming year. These rates represent an increase of nearly
7% for rent and over 9% for the change-outs.
FISCAL IMPACT: The $40,680 will be funded through the Old Town Implementation Plan (280-
199-999-5362) 2005/06 Budget.
Attachments: Billboard Lease
R:\Oldtown\Billboard\billboardstaffreport2005.doc
San Bernardino/Riverside
108 N._n Avenue
San Bernardino CA 92408
909-888'()()18
909-888.-8 FAX
Date:
New/Renewal:
05/05/05
RENEWAL
THE ~ COMPANIES
Bulletin Contract
Lamar ID No. 259
307027
Malling Addres&:
Ciy: Temecula
Phone: 909 691 &412
Advortloer. Same
cU&t. AlC t,
Design,
Vmyt
Nat'IILocaI, LO
~me< Name: Tomocula Redevelopmonl_
Street Address: P.O. Box 9033
Zip'
State, ~Zip, 92589
Sections:
Telm:
12 Mo_ Start Dale, Jul 01 2005
Fax: 909-693-3903
Contact Person: Kathy Syers
Email:
Rotary/Perm: Permanent
lHlS INFORMAlKlN FOR OFFICE USE ONLY
c......~l: 0.000%
BiIng End Dale: 6130106
_t
Nan eon..... No.
Spli 811ng'
Bilng Start Dat.: 7/1ffY{,
Monthly 8111ng Rate, $2,900.00
ProduclCode: 90
Account Exec. Code: bm5309
Co-op:
Panel No:
Market
Code:
Location Description:
Size of
Bulletin:
Ilium:
Price Per
Month:
70171
4
lnt 15 slo Rancho Cal. Rd., Face north Temecula
10 x 30
y
$2,900.00
-!'e ~e'n'5 (),'I .,"'? 2-?C """::: pa~j',? S'C' D3'" Or ""S COn;'3Ct
Advertiser authorizes and instructs The Lamar Companies to display in a good and workmanlike manner, and to maintain for the terms set forth
above. outdoor advertising displays described above or on the attached list In consideration thereof. Advertiser agrees to pay The Lamar
Companies all contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and
conditions contained on both pages of thts contract.
The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the representative of the
Advertiser and is authorized to execute this contract on behalf of Advertiser.
ACCOUNT EXECUTIVE: Todd Maness
Temecula Redevelopment Aaencv
CUSTOME~ADVERTISER
OA'IE,
../
../
COMPANY; San 8emardinolRiverside
8Y,
CUSTOME~AOVERTISER SIGNEO BY
This contract is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Outdoor Advertising Company.
ACCEPTED: lHE lAMAR COMPANIES
DA'IE: BY'
GENERAl MANAGER
Randy Straub
AGENCY
The agellC'f representing this Advertiser in this contract executes this contract as an agent for a disclosed principal, but hereby expressly agrees
to be liable jointly and severaDy and in so6do with Advertiser for the fuD and faithful performance of Adveftise(s obligations hereunder. Agencr
waives notice of default and consents to all extensions of payment.
CustAJC:
Street Address;
Mailing Address:
Nat'lfLocal: LO
Agency:
Date,
By:
CiIy'
State: _ Zip: _
Signed By:
Email Address:
Contact
TYPE OR PRINT NAMES BELOW SIGNATURES
REVIseD 00l/04
Phone:
Fax:
STANDARD CONDITIONS
1. If lBmar is requested by Advertiser to submit artwork, then artwork submitted by Lamar shall be approved or substitute
artwork. shell be furnished by Advertiser wtthln ten (10) days after submission. In the case of default in furnishing or
approval of artwork by Advertiser, then the date of Installation for purposes of commencement of the first monthly invoice
shall be deemed to occur on "the date on which the various spaces are available for installation.
2. Advertiser warrants that all approved designs do not Infringe upon any trademark or copyright, state or federal. Advertiser
agrees to defend, indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands,
including attorney's fees arising out of the character, contents or subject matter of any copy displayed pursuant to this
contract.
3. Upon completion and installation of the initial painting/vinyl, or upon the circumstances described in paragraph 1 above
regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a
report of such painting and installation will be sent with the initial notice. The first monthly invoice shall cover the period
from date of installation (If more than one location is included. the average date of installation shall be used) to the end of
the month in which the invoice is rendered, and subsequent monthly invoices shall be rendered in advance on the first of
each successive month. All prorated Invoices and credits will be computed on the basis of a thirty (30) day month.
4. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature,
including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of
any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including
illumination, this contract shall not terminate. Credit shall be allowed to advertiser at the standard rates of lamar for such
space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended.
Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably
approved by advertiser, or by extending the term of the advertising service on the same space for ill period beyond the
expiration date. The substituted or extended service shall be of a value equal to the amount of such credit.
5. Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and
payable, the entire amount of the Indebtedness contracted for herein shall be matured and shall be due and payable
immediately, at the option of Lamar, and unless same is promptly paid, Lamar may, at its option, discontinue without
notice the outdoor advertising contracted for herein; provided, however, that such discontinuance shall not relieve the
Advertiser of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted
by law, not to exceed 1V2% per month. In addition, Advertiser shall pay Lamar all costs and expenses of exercising its
rights under this contract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00,
whichever is greater, and all reasonable collection agency fees.
6. This contract, both pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by
any stipulations, conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision
shall not constitute a waiver of any other breach of that provision or any other provision.
7. Lamar reserves the right to determine if copy and design are in good taste and within the moral standards of the individual
communities in which it is to be displayed.
8. Lamar reserves the right to reject or withdraw any copy, either before or after posting. Lamar further reserves the right to
terminate the contrad for any reason, at any time.
9. Net cash payment is required thirty (30) days after the date of billing. .
10. If a location should be lost during the period of display for any reason, a bulletin location of equal advertising value will be
substituted or credit issued for loss of service. Should there be more than a 50% loss of illumination, a 20% pro-rata credit
based on monthly advertising space billing will be given. If this contract requires Illumination, it will be provided from dusk
until 11:00 p.m.
11. The customary agency commission will be allowed to accredited advertising agencies. Agency commissions will be forfeited
after sixty (60) days, if payment is not received as outlined above.
12. All contracts are non-cancelable by Advertiser.
13. Paint production charges are not included in the space rate, and will be determined by the degree of difficulty of the
reproduction. Charges are computed on a square foot basis.
'14. Approved artwork and painting instruction shall be furnished by the Advertiser sixty (60) days prior to scheduled display
date.
15. Creative with mechanical, reflectors, inflatable, etc. wui be quoted upon request.
16. Cutouts/extensions, where allowed, are limited in size to 5 feet above, and 2 feet to the sides and 1 foot below normal
display area. Cutouts are the property of Lamar, and the basic fabrication charge is for a maximum 12 months. Lamar will
not be responsible for cutouts/extensions after 120 days of storage time.
17. Vinyl for bulletins should be supplied by the advertiser fifteen (15) days prior to posting date.
18. Sections or vinyl will be held at customer's request upon management approval at the maximum rate of $100 per month.
19. leeway of five (5) working days from the accepted start date is required to complete the installation of any display. Vinyl
should be shipped in time to arrive at least fifteen (15) days prior to the accepted start date.
20. Special Considerations:
SURETY AGREEMENT
In consideration of Lamar entering into this contract with Advertiser, the undersigned ("Suretyj guarantees and becomes a surety for
Advertiser in favor of Lamar for all sums due by Advertiser under this contract. The obligation of Surety is joint and several and in solido with
Advertiser and Agent (If applk;able) for the full performance of all of Advertiser's obligations under this contrac:t or any continuation. Surety
consents to all extensions. Surety waives any benefit that may allow him to limit this obligation to less than the full obligation of Advertiser. It is
understood that, without this guarantee or surety agreement, Lamar would not be willing to enter this contract with Advertiser.
Signed this day 01
SURFIY
Print Name:
Address:
ITEM 5
,
APPROVAL
CITY ATTORNEY
DIRECTOR OF FIN
CITY MANAGER
CITY OF TEMECULAlTEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: City Manager/Council Members
Executive Director/Agency Members
FROM: John Meyer, Redevelopment Director
DATE: June 28, 2005
SUBJECT: Third Amendment to the Disposition and Development Agreement for the
Temecula Education Center
RECOMMENDATION: It is recommended that the Redevelopment Agency and the City
Council approve the following Resolutions:
1. That the City Council Adopt a Resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE
TEMECULA EDUCATIONAL COMPLEX
2. That the Redevelopment Agency of the City of Temecula Adopt a Resolution
entitled:
RESOLUTION NO. RDA OS-_
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA APPROVING A THIRD
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR
THE TEMECULA EDUCATIONAL COMPLEX
3. Authorize the City Manager to execute the License Agreement
and advance $1,291,750 to AGK Group for the Temecula
Educational Complex.
BACKGROUND: On March 16, 2004, the Agency entered into a Disposition and
Development Agreement (DDA) with the AGK Group LLC (Mr. Kading), to develop the
Temecula Education Center. On September 16, 2004, Mr. Kading received a first amendment
to extend the due diligence period to investigate the condition of the property. On December 7,
R:\Educalioncomplex\DDA 3rd Amendment Staff Report.doc
2004, Mr. Kading received a second amendment to extend the schedule of Performance by six
months and receive an additional $2.95 million contribution of affordable housing funds.
The Third Amendment includes a license agreement that will allow Mr. Kading to begin the
mass grading and soil remediation on the property prior to his taking ownership of the property.
Also included in the amendment is a redistribution of the $3.8 million land value over the various
phases of the project.
Third Amendment/License Agreement
The License Agreement will allow Mr. Kading to begin his mass grading and soil remediation
work prior to owning the property. Total cost of this work is estimated at $3,875,250. This work
will cover nearly the entire project site. The open space reserve at the northwest corner of the
site will remain virtually undisturbed.
As part of the soil remediation, large quantities of dirt shall be stockpiled in the location of the
future buildings. This will expedite the consolidation or settling of the building pads. This is
anticipated to save well over a year in the development of the Education Center. This
stockpiling is expected to take between 3 and 6 months. This allows the work to begin while the
design team is finishing up its construction drawings for the project.
The Third Amendment provides for the Agency to advance a pro rata share ($1,291,750) of our
affordable housing funds to help offset the cost of the work. This is a 33% share which is the
portion of the project which will be developed and improved for the apartment buildings, its
parking and related improvements.
The proposed mass grading and soil remediation is necessary to make the property
developable. Therefore, advancing the funds will allow Mr. Kading to proceed with the work
prior to owning the property and provides no risk to the Agency. Consistent with provisions
within the DDA, the Third Amendment also provides Mr. Kading surety that if he does not move
forward on latter phases of the project the Agency will reimburse him for the pro rata share of
the work done on property not developed by Mr. Kading. The Agency will not have to reimburse
Mr. Kading until such time we sell the undeveloped property to a new development partner.
Further, the overall financial commitment to the project by the Agency remains unchanged.
Land Value
The DDA assigns various land values to each phase of the project. Because the site plan has
been revised through the entitlement process, it is necessary to re-spread the values over the
individual phases. The total value of the property remains at $3.8 million and the total area and
number of phases remain constant. As revised, a greater portion of the land value has been
assigned to the fist phase of the project. Per the DDA, the first phase will include at a minimum,
the apartments, the core building and one education tower, one retail building and the
associated parking to support these buildings.
CONCLUSION: In recent discussions with Mr. Kading he has indicated that there is a strong
likelihood of building both education towers being built as part of the first phase. The City
Council is set to act on the entitlement portion of the project at this same meeting. The next
major milestone for the Education Center is for Mr. Kading to take ownership of the Phase I
properties by January, 2006. The DDA requires Mr. Kading to be permit ready for the phase I
improvements, be able to demonstrate that his private funding is in place and he has pre-leased
at least 50% of the non-residential tenants.
R:\Educalioncomplex\DDA 3rd Amendment Staff Report.doc
FISCAL IMPACT: The additional $1,291,750 advance will come form the Agency
affordable housing funds. The FY 2006 - 2010 Capital Improvement Program Affordable
Housing contains $3,000,000 for the Temecula Education Center.
Attachments
Resolutions
Third Amendment
License Agreement
R:\Educationcomplex\DDA 3rd Amendment Staff Report.doc
RESOLUTION NO. RDA NO. 04-
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA APPROVING A THIRD
AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
AGENCY AND AGK GROUP, LLC, A CALIFORNIA
LMITED LIABILITY COMPANY FOR THE
TEMEUCLA EDUCATION COMPLEX
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby finds, determines and declares that:
A. Agency and AGK Group, LLC, ("Developer") have entered into a
Disposition and Development Agreement dated as of March 16, 2004 (the "DDA") which
provided for, among other things, the City's contribution to Developer of certain real
property described therein (the "Property") and the City's making a "predevelopment loan"
to Developer to be secured by the Property (the "City Loan") for the purpose of pursuing the
development of a mixed use development incorporating affordable housing, higher education
and retail located on a 31 acre site at the northwest comer of Diaz Road and Dendy Lane.
The project is proposed to be developed in two or more phases. Capitalized terms uses
herein but not defined shall have the meaning set forth in the DDA.
B. City and Developer desire to clarify and modify some of the terms of
the DDA.
C. The approval of this Third Amendment by the City constitutes an
action by the City to authorize the modifications of the Schedule of Purchase Prices for
individual phases and allows for execution of a License Agreement.
Section 2. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby approves that certain agreement entitled "Third Amendment to DDA and
Promissory Note" between the Agency and AGK Group, LLC, with such changes in each
document as may be mutually agreed upon by the Developer and the Executive Director as
are in substantial conformance with the form of such Agreement which on file in the Office
of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the
Agreement, including related exhibits and attachments on behalf ofthe Agency. A copy of
the final Agreement when executed by the Agency Chairperson shall be placed on file in the
Office of the Secretary of the Agency.
R:\Educationcomplex\Thirdamendddaeducarda.DOC
Section 3. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out
and implement the Agreement and to administer the Agency's obligations, responsibilities
and duties to be performed under the Agreement and related documents, including but not
limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow
instructions, certificates of completion and such other implementing agreements and
documents as contemplated or described in the Agreement.
Section 4.
Resolution.
The Secretary of the Agency shall certify the adoption of this
R:\Educationcomplex\Thirdamendddaeducarda.DOC
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevel-
opment Agency of the City of Temecula at a regular meeting held on the 28th day of June,
2005.
Ron Roberts, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk! Agency Secretary
[SEAL]
R:\Educationcomplex\Thirdamendddaeducarda.DOC
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of
Temecula, do hereby certify that Resolution No. RDA No. 05- was duly and regularly
adopted by the Board of Directors of the Redevelopment Agency of the City ofTemecula at a
regular meeting thereof, held on the 28th day of June, 2005, by the following vote, to wit:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
ABSTAIN:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk! Agency Secretary
R:\Educationcomplex\Thirdamendddaeducarda.DOC
RESOLUTION NO. 04-_
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING A THIRD
AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND AGK GROUP, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY FOR THE
TEMECULA EDUCATION COMPLEX
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds, determines and declares that:
A. City and AGK Group, LLC, ("Developer") have entered into a
Disposition and Development Agreement dated as of March 16, 2004 (the "DDN') which
provided for, among other things, the City's contribution to Developer of certain real
property described therein (the "Property") and the City's making a "predevelopment loan"
to Developer to be secured by the Property (the "City Loan") for the purpose of pursuing the
development of a mixed use development incorporating affordable housing, higher education
and retail located on a 31 acre site at the northwest comer of Diaz Road and Dendy Lane.
The project is proposed to be developed in two or more phases. Capitalized terms uses
herein but not defined shall have the meaning set forth in the DDA.
B. City and Developer desire to clarifY and modifY some of the terms of
the DDA.
C. The approval of this Third Amendment by the Agency constitutes an
action by the Agency to authorize the modifications of the Schedule of Purchase Prices for
individual phases and allows for execution of a License Agreement.
Section 2. The City Council hereby approves that certain agreement entitled
"Third amendment to DDA and Promissory Note" between the City and AGK Group, LLC,
with such changes in each document as may be mutually agreed upon by the Developer and
the City Manager as are in substantial conformance with the form of such Agreement which
on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the
Agreement, including related exhibits and attachments on behalf of the City. A copy of the
final Agreement when executed by the Mayor shall be placed on file in the Office of the City
Clerk.
R:\Educationcomplex\thirdamendeducityreso.DOC
Section 3. The City Manager (or his designee), is hereby authorized, on behalf of
the Agency, to take all actions necessary and appropriate to carry out and implement the
Agreement and to administer the Agency's obligations, responsibilities and duties to be
performed under the Agreement and related documents, including but not limited to the
Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions,
certificates of completion and such other implementing agreements and documents as
contemplated or described in the Agreement.
Section 4.
The City Clerk shall certify the adoption of this Resolution.
R:\Educationcomplex\thirdamendeducityreso.DOC
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula at a regular meeting held on the 28th day of June, 2005.
JeffComerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Educationcomplex\thirdamendeducityreso.DOC
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certifY that
Resolution No. 05- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof, held on the 28th day of June 2005, by the following
vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk/Agency Secretary
R:\Educationcomplex\thirdamendeducityreso.DOC
THIRD AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of June 28, 2005 and is entered into by and
between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body,
corporate and politic ("Agency") and AGK GROUP, LLC, a California limited liability company
("Developer").
RECITALS
A. Agency and Developer entered into a Disposition and Development Agreement
dated March 16, 2004, an Amendment to Disposition and Development Agreement dated
September 14, 2004, and a Second Amendment to Disposition and Development Agreement
dated December 7, 2004 (collectively, the "DDA") which provided for, among other things, the
sale of certain land and improvements by Agency to Developer (the "Property"), a loan by
Agency to Developer to be used for the development of a portion of the Property as an affordable
rental project (the "Agency Loan") and the execution, delivery and recordation of a Regulatory
Agreement between Agency and Developer (the "Regulatory Agreement"). Capitalized terms
used herein but not defined shall have the meanings ascribed thereto in the DDA.
B. Agency and Developer have agreed to further modify the DDA as hereinafter set
forth.
NOW, THEREFORE, in consideration of the foregoing recitals and other consideration,
the adequacy of which is hereby acknowledged, Agency and Developer hereby agree as follows:
I. DDA Modifications. The DDA is hereby modified as follows:
Section 3.4 of the DDA is hereby deleted and is replaced with the following:
"Section 3.4 Closing Dates: Repavment ofPreliminarv Site Development
Costs.
(i) The latest date for a Close of Escrow (defined in Section 3.5
below) for each Phase of the Property is set forth in the Schedule of
Performance.
(ii) Provided that Developer is not in default under this Agreement or
the License Agreement between Developer and Agency dated June 28,
2005 (the "License Agreement"), upon written request of Developer from
time to time specifying the sum requested and specific work to which it
relates, and Agency's receipt from Developer of copies of invoices from
the contractor for the applicable work clearly indicating that the work is
part of the Preliminary Site Development Work described on Exhibit "A"
to the Third Amendment of Disposition and Development Agreement
between Agency and Developer dated June 28, 2005 (the "Third
Amendment"), Agency shall pay to Developer up to $1,291,750 of the
costs reflected in such invoices to the extent they relate to such
R:\Educationcomplex\Third Amendment to Disposition and Development Agreement.DOC
Preliminary Site Development Work; however, in no event will Agency be
obligated to make payments more often than once every thirty (30) days.
(iii) Upon the failure of a condition in Section 3.5 below to occur or be
satisfied with respect to the Developer's acquisition of any Subphase of
the Property (and the failure of the Agency to waive the applicable
condition in writing), and provided Developer is not in default under this
DDA or the Loan Documents and Developer has provided to Agency clear
evidence of the costs to be reimbursed (including the contractor's invoices
for such costs) and clear evidence that such costs relate to the Preliminary
Site Development Work described on Exhibit "A" to the Third
Amendment that have not been paid or reimbursed by Agency under
Section 3.4(a)(ii) above, then Agency shall pay to Developer, from the
proceeds of (and through the escrow for) a subsequent sale of the Property
to a person or entity other than Developer, the reasonable costs incurred
by Developer for such Preliminary Site Development work not to exceed
$2,583,500. Concurrently with such reimbursement, and through the
escrow for such subsequent sale, Developer shall release and reconvey the
deed of trust.
In that regard, Developer shall promptly, after request from
Agency or the escrow agent for the sale, deliver to the escrow agent for
the sale all beneficiary demands, payoff statements, requests for full
reconveyance, substitutions of trustee, and other notices, requests,
documents and instruments that are necessary or convenient to reconvey
and release the deed of trust from the Property concurrently with the sale
of the Property, subject only to reasonable, written escrow instructions of
Developer to such escrow agent that are consistent with this Section 3.4
Developer's recourse against Agency for the Agency's obligations
under this sentence shall be limited to the Property, and Developer's sole
remedy for the Agency's failure to comply with such obligations shall be
to nonjudicially foreclose such deed of trust in accordance with the
provisions and procedures of California law governing nonjudicial
foreclosures.
(iv) Developer hereby acknowledges that the Agency's obligations
under Sections 3.4(ii) and (iii) above constitute the entire and complete
obligations of the Agency with respect to the payment for work on the
Land by Developer, and any work done by Developer that is not included
in the description of Preliminary Site Development Work or that costs in
excess of $3,875,250 shall not be reimbursable by the Agency, nor shall
Developer have any claim against Agency in connection therewith.
DEVELOPER HEREBY EXPRESSL Y WAIVES AND RELEASES,
AND COVENANTS NOT TO ASSERT OR FILE, ANY CLAIM FOR
UNJUST ENRICHMENT, QUANTUM MERUIT, CONTRIBUTION OR
ANY SIMILAR CLAIM WITH RESPECT TO WORK THAT IS NOT
INCLUDED IN THE "PRELIMINARY SITE DEVELOPMENT WORK"
2
11087-00 18rrhird Amendment to Disposition and Development Agreement
OR FOR COSTS OF THE "PRELIMINARY SITE DEVELOPMENT
WORK" THAT EXCEEDS $3,875,250, EVEN IF DEVELOPER DOES
NOT PURCHASE THE LAND (OR PURCHASES ONLY A PORTION
OF THE LAND).
Developer's Initials
Any work not included in the Preliminary Site Development Work, or
which is included in the Site Development Work but exceeds $3,875,250
in cost, shall be at the sole cost and expense of Developer.
(v) Any and all disputes and claims arising under the foregoing
Section 3.4(iii) or Section 3.4(iv) above, whether relating to its
interpretation, application, enforcement or breach, shall be heard by a
reference to the Riverside County Superior Court pursuant to the
California Code of Civil Procedure Section 638, et seq. The parties shall
have the rights of discovery and appeal provided by California Code of
Civil Procedure Section 638, et seq. For all judicial reference proceedings
under this clause (v), the Agency and the Developer shall agree upon a
single referee who shall try all issues, whether of fact or law, and report a
finding and judgment thereon and issue all legal and equitable relief
appropriate under the circumstances before him or her, all of which shall
be binding on the parties. If the Agency and the Developer are unable to
agree on referee within ten (l0) days after a written request to do so by
either party to the other, then either party may seek to have one appointed
pursuant to California Code of Civil Procedure Section 640. The cost of
such proceeding shall initially be borne equally by the parties, but shall
ultimately be borne by the party who does not prevail (as determined by
the referee). In addition, the prevailing party in the judicial reference and
in any subsequent legal proceeding shall be entitled to have its reasonable
attorneys' fees and out-of-pocket costs paid by the nonprevailing party.
Any referee selected pursuant to this section shall be considered a
temporary judge appointed pursuant to Article 6, Section 21 of the
California Constitution.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE
AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE
MATTERS ABOVE DECIDED BY NEUTRAL REFEREE AS
PROVIDED BY CALIFORNIA LAW, AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE
LITIGATED IN A COURT OF JURY TRIAL. BY INITIALING IN THE
SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS
TO DISCOVERY AND APPEAL WITH RESPECT TO THE MATTERS
SUBJECT TO JUDICIAL REFERENCE, UNLESS THOSE RIGHTS
ARE SPECIFICALLY INCLUDED IN THIS JUDICIAL REFERENCE
PROVISION. IF YOU REFUSE TO SUBMIT TO JUDICIAL
REFERENCE AFTER AGREEING TO THIS PROVISION, YOU MAY
3
l1087-0018rrhird Amendment to Disposition and Development Agreement
BE COMPELLED TO SUBMIT UNDER THE AUTHORITY OF THE
CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT
TO THIS JUDICIAL REFERENCE PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND
AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS
INCLUDED IN THE JUDICIAL REFERENCE PROVISION TO A
NEUTRAL REFEREE.
Agency Initials
Developer's Initials
(vi) Any default by Developer under the License Agreement shall
constitute a default by Developer under this Agreement, and any default
by Developer under this Agreement shall constitute a default by Developer
under the License Agreement.
Exhibit "B" (Scope of Development) attached to the DDA is hereby amended by
deleting the first sentence thereof and replacing it with the following sentence:
as follows:
Phase
IA
18
IC
1D
2A
2B
2C
2D
2E
2F
2G
2H
"Within ten (10) calendar months after the Close of Escrow for Subphases
lA, IB and ID, the Developer will install all offsite improvements and
complete all grading (including, without limitations, over-excavation and
recompaction) for the entire Project (i.e., both Phases I and 2, including
all Subphases), and Agency and Developer will execute a license
agreement acceptable to Agency that is similar to the License Agreement
in order to give Developer reasonable access to Subphases then not yet
owned by Developer in order to complete such work."
Exhibit F (SchedUle of Purchase Prices) attached to the DDA is hereby amended
EXHIBIT F
SCHEDULE OF PURCHASE PRICES
Purchase Price
$1,078,000
$171,300
$341,300
$963,004
$224,725
$173,108
$261,600
$57,600
$143,363
$168,500
$66,800
$151,800
4
I I087-0018rrhird Amendment to Disposition and Development Agreement
2. General Provisions.
(a) General Provisions. This Amendment constitutes the entire agreement
between the parties pertaining to the subject matter hereof, and supersedes all prior
agreements and understandings of the parties with respect to the subject matter hereof.
This Amendment may not be modified, amended, supplemented, or otherwise changed,
except by a writing executed by both parties hereto.
(b) Waiver. No failure or delay by any party in the exercise of any right
hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any
such right preclude other or further exercise thereof, or any other right.
(c) Counterparts. This Amendment may be executed in two or more
counterparts and by different parties hereto on separate counterparts, each of which when
so executed and delivered shall be deemed an original and all of which, when taken
together, shall constitute one and the same instrument.
Governing Law. This Amendment shall be deemed to be a contract made under
the laws of the State of California and for all purposes shall be governed by and
construed in accordance with the laws of the State of California.
Attorneys' Fees and Costs. If a dispute arises under or in connection with this
Amendment (including, without limitation, the enforcement or interpretation of this
Amendment), the prevailing party (as determined by the trier of fact) shall be entitled to
recover its reasonable attorneys' fees and costs from the other party.
5
1 1087-00 1 8rrhird Amendment to Disposition and Development Agreement
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the
day and year first above written.
AGK GROUP, LLC,
a California limited liability company
By:
Name:
Title:
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Name:
Title:
ATTEST:
Susan W. Jones, CMC
City Clerk! Agency Secretary
APPROVED AS TO FORM:
Peter Thorson, Agency Counsel
6
11087-00 ISrrhird Amendment to Disposition and Development Agreement
EXHIBIT" A"
DETAILED DESCRIPTION OF
PERMITTED, REIMBURSABLE SOIL PREPARATION
AND GRADING WORK
[Attached. ]
R:\Educationcomplex\Third Amendment to Disposition and Development Agreement.DOC
TEMECULA EDUCATION CENTER
License Agreement Workscope
6115/06
DESCRIPTION Qty Unit Unit Price Extension Totals
Earthwork $ 2,539,465
- -
Clear & Grub 35 ac $ 500.00 $ 17,500
Over-excavate 30,000 cy $ 2.00 $ 60,000
Structural Fill & Mass grading 1 731 ,568 cy $ 2.00 $ 1,463,136
Place and remove surcharge 2 315,000 cy $ 3.00 $ 945,000
Water' 1,076,568 cy $ 0.05 $ 53,828
Environmental Construction $ 229,800
- ~~ - -----.
SWPPP & Erosion Control 4 35 ac $ 6,000.00 $ 210,000
Soil treatment (weed & pest control) 4 33 ac $ 600.00 $ 19,800
Surveyin!l/_ En~ineeringl Soils Testing / Monitoring $ 423,398
Surveying 1 Is $ 83,400.00 $ 83,400
Civil engineering 1 Is $ 135,000.00 $ 135,000
Soils testing & monitoring 1 Is $141,998 $ 141,998
Archeologist / Paieontologist / Indian monitors 20 wk $ 3,000.00 $ 60,000
Burrowing Owl Reporting/Monitorin9 1 is $ 3,000.00 $ 3,000
Permits & Fees $ 301,138
-
K-Rat fee 35 ac $ 500.00 $ 17,500
MHSCP Fee 33 ac $ 5,620.00 $ 185,460
Watershed Drainage Fee 35 ac $ 2,291.00 $ 80,185
Grading Permit 1 Is $ 17,993.00 $ 17,993
General Conditions $ 74,400
Supervision 20 wk $ 2,000.00 $ 40,000
Trailer & mobilization 16 wk $ 600.00 $ 9,600
Utilities 16 wk $ 500.00 $ 8,000
Mise, blueprinting, etc. 16 wk $ 300.00 $ 4,800
Mass Grading Permit 1 Is $ 12,000.00 $ 12,000
Subtotal $ ~,56.!\201
Other $ 307,046
Bonds 1 Is $ 53,523.00 $ 53,523
Insurance 1 Is $ 53,523.00 $ 53,523
Contingency 1 Is $ 200,000
Total $3,875,247
-~~~;~"J_'
~"-""l.C"'I:."'"
Page 1 of 4
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (herein called this "License") is made and entered into as of
June 28, 2005, by the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public
body, corporate and politic ("Licensor") and AGK GROUP, LLC, a California limited liability
company ("Licensee").
WITNESS ETH:
WHEREAS, Licensor is the owner of the real property more particularly described on Exhibit
"A", attached hereto and incorporated herein by reference (herein called the "Land");
WHEREAS, concurrently with the execution of this License, Licensor and Licensee
contemplate entering into a Third Amendment to Disposition and Development Agreement related to
the Land (the "DDA Amendment");
WHEREAS, Licensee has requested the right of entry upon and access to the Land for the
purpose of performing the work-described on Exhibit "A" attached hereto (the "Work");
WHEREAS, Licensor has agreed to give Licensee, and Licensee has agreed to accept from
Licensor, a non-exclusive, license to enter upon the Land to perform the work in accordance with the
terms and provisions of the DDA Amendment;
WHEREAS, Licensor and Licensee desire to execute and enter into this Agreement for the
purpose of setting forth their agreement with respect to Licensee's entry upon the Land for such
purposes.
NOW, THEREFORE, Licensor do hereby agrees as follows:
1. Access bv Licensee. (a) Subject to Licensee's compliance with the terms and
provisions of this License and the Disposition and Development Agreement dated March 16, 2004
between Grantee and Licensor as amended (the "DDA"), until the earlier of the date of the
acquisition of the Land by Grantee from Grantor under the DDA or the date oftermination of the
DDA, Licensee and Licensee's agents, employees, contractors, representatives and other designees
that are expressly identified in writing to Licensor (herein collectively called "Licensee's
Designees") shall have the right to enter upon the Land for the purpose of performing the Work.
(b) Licensee expressly agrees as follows: (i) any activities by or on behalf of
Licensee, including, without limitation, the entry by Licensee or Licensee's Designees onto the Land
in connection with the work must strictly comply with and be necessary to perform the description of
the work attached hereto as Exhibit "A", and (ii) Licensee, shall indemnifY, defend and hold Licensor
harmless from and against any and all claims, liens, liabilities, damages, losses, costs and expenses
of any kind or nature whatsoever (including, without limitation, attorneys' fees and expenses and
court costs) suffered, incurred or sustained by Licensor as a result of, by reason of, or in connection
with the work or any breach by Licensee or any Licensee Designee ofthis License.
(c) Any default by Developer under this License Agreement shall also constitute a
default under the DDA.
2. Invoices. Licensee will provide Licensor with copies of all invoices from each and every
contractor, materialman, engineer, architect and surveyor performing the work.
3. Indemnification. The Licensee agrees to defend, indemnifY, protect and hold harmless
the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its
officers, agents and employees may sustain or incur or which may be imposed upon them for injury
to or death of persons, or damage to property arising out of Licensee's negligent or wrongful acts or
omissions in performing or failing to perform under the terms of this Agreement, excepting only
liability arising out of the sole negligence of the City.
4. Insurance. Licensee 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 Licensee, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits ofInsurance. Licensee shall maintain limits no less than:
(I) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductib1es 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 Licensee 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 insureds as respects: liability arising out of activities
performed by or on behalf of the Licensee; products and completed
operations of the Licensee; premises owned, occupied or used by the
Licensee; or automobiles owned, leased, hired or borrowed by the
Licensee. 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 Licensee'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 Agency, its officers, officials, employees or
volunteers shall be excess of the Licensee'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 Agency, its officers, officials, employees or
volunteers.
(4) The Licensee's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has
been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency.
f. Verification of Coverage. Licensee shall furnish the Agency 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 Licensee's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
5. Successors. To the extent any rights or obligations under this License remain in
effect, this License shall be binding upon and enforceable against, and shall inure to the benefit of,
the parties hereto and their respective heirs, legal representatives, successors and permitted assigns;
provided, however, that Licensee may not assign or encumber this License without the prior written
consent of Licensor.
6. Limitations. Licensor does not hereby convey to Licensee any right, title or interest
in or to the Land, but merely grants the specific rights and privileges hereinabove set forth.
7. Notices. Whenever any notice, demand, or request is required or permitted under this
License, such notice, demand, or request shall be in writing and shall be delivered by hand, be sent
by registered or certified mail, postage prepaid, return receipt requested, or shall be sent by nationally
recognized commercial courier for next business day delivery, to the addresses set forth below the
respective executions of the parties hereof, or to such other addresses as are specified by written
notice given in accordance herewith, or shall be transmitted by facsimile to the number for each party
set forth below their respective executions hereof, or to such other numbers as are specified by
written notice given in accordance herewith. All notices, demands, or requests delivered by hand
shall be deemed given upon the date so delivered; those given by mailing as hereinabove provided
shall be deemed given on the date of deposit in the United States Mail; those given by commercial
courier as hereinabove provided shall be deemed given on the date of deposit with the commercial
courier; and those given by facsimile shall be deemed given on the date of facsimile transmittal.
Nonetheless, the time period, if any, in which a response to any notice, demand, or request must be
given shall commence to run from the date of receipt of the notice, demand, or request by the
addressee thereof. Any notice, demand, or request not received because of changed address or
facsimile number of which no notice was given as hereinabove provided or because of refusal to
accept delivery shall be deemed received by the party to whom addressed on the date of hand
delivery, on the date offacsimile transmittal, on the first calendar day after deposit with commercial
courier, or on the third calendar day foUowing deposit in the United States Mail, as the case may be.
8. Governing Law. This License shall be construed, enforced and interpreted in
accordance with the laws of the State of California.
9. Counterparts. This License may be executed in several counterparts, each of which
shall be deemed an original, and aU of such counterparts together shaU constitute one and the same
instrument.
10. No Recording of License or Memorandum of License. In no event shall this
Agreement or any memorandum hereof be recorded in the Official Records of Riverside County,
11087-00 18\License Agreement0614
1
California, and any such recordation or attempted recordation shall constitute a breach of this
Agreement by the party responsible for such recordation or attempted recordation.
11. . Prevailing Wages. Licensee shall pay prevailing wages for the Work as required by
Labor Code Sections 1720 et. sea. Pursuant to the provisions of Section 1773 ofthe Labor Code of
the State of California, the Licensor 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 perform the work pursuant to this DDA from the Director of the Department of
Industrial Relations. These rates are on file with the City Clerk! Agency Secretary. Copies may be
obtained at cost at the City Clerk's office. Licensee shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum. Developer shall comply with the
provisions of Sections 1773.8, 1775, 1776, 1777.5,1777.6, and 1813 of the Labor Code and,priorto
commencing work, Licensee shall obtain and deliver to Licensor a payment bond for the work,
naming the Agency as an obligee, as required under applicable law and in accordance with California
Civil Code Section 3247. Pursuant to the provisions of 1775 of the Labor Code, Licensee shall
forfeit to the Licensor, as a penalty, the sum of$50.00 for each calendar day, or portions 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 this Section.
12. Obligations to Refrain from Discrimination. In performing and contracting for the
Work, There shall be no discrimination against, and Licensee shall not establish or permit any such
practice or practices of discrimination or segregation with reference to any person or group of
persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin
or ancestry.
All contracts executed by Licensee for the Work or any portion thereof shall
contain the following nondiscrimination or nonsegregation clause:
"There shall be no discrimination against or segregation of any person or group of
persons on account of sex, marital status, race, age, handicap, color, religion,
creed, national origin or ancestry in the contracting for or performing of the work
nor shall the contractor himself or any person claiming under or through him,
establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location or number of subcontractors."
13. Compliance with Law. All of the Work shall be performed in compliance with
applicable law.
11087-00 18\License Agreement0614
2
IN WITNESS WHEREOF, Licensor and Licensee have caused this License to be executed
and delivered as of the day and year first written above.
GRANTOR:
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA, a public body,
corporate and politic
By:
Shawn D. Nelson, City Manager
Address for notices:
ATTEST:
43200 Business Park Drive
Temecula, California 92590
Telephone No.: (951) 693-3950
Facsimile No.: (951) _-_
Susan W. Jones, CMC
City Clerk! Agency Secretary
AGK GROUP, LLC,
a California limited liability company
GRANTEE:
By:
Name:
Title:
Address for notices:
35411 Paseo Viento
Capistrano Beach, California 92624
Telephone No.: (951) _-_
Facsimile No.: (951) _-_
1 1087-00 1 8\License Agreement0614
3
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11087-0016\801 I 77v2.doc
EXHIBIT" A"
LEGAL DESCRIPTION OF THE PROPERTY
[Attached.]
A-I
March 15, 2004
LEGAL DESCRIPTION
CAMPUS SITE
THAT CERTAIN PARCEL OF LAND, BEING DESCRIBED AS A PORTION OF PARCEL I OF PARCEL MAP NO. 4646,
!N THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO A MAP
THEREOF FILED IN BOOK 6 PAGE 75 OF PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE ALONG THE NORTHEASTERLY
BOUNDARY 1lIEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER
CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434,
PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41' 42' 22" EAST 19.08 FEET TO THE BEGINNING OF
A TANGENT, 4000.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; mENCE SOUTHEASTERLY, ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 6' 36" 30", 461.35 FEET; THENCE TANGENT TO
SAID CURVE, SOUTH 48' 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE
CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER
INSTRUMENT NO. 152905, OF OFFICIAL REORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE
MOST EASTERLY CORNER OF SAID PARCEL I; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND
ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL I, SOUTH 43' 58' 46" WEST 1387.89 FEET TO
THE BEGINNING OF A TANGENT, 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25' 52' 42",383.91 FEET
TO A POINT TO WHICH A RADIAL LINE BEARS soum 20' 08' 32" EAST; THENCE NORTH 410 50' 22" WEST
1001.63 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 1680.60 FEET FROM THE
MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE NORTH 48' 09' 38" EAST 1680.60 FEET TO THE POINT
OF BEGINNING.
CONTAINS AN AREA OF 40.00 ACRES, MORE OR LESS.
EXCEPTING THE NORTHEASTERLY 4.15 ACRES OF SAID PARCEL BEING FURTHER DESCRIBED AS FOLLOWS:
)lEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL I; THENCE ALONG THE NORTHEASTERLY
BOUNDARY THEREOF, (SAID NORTHEASTERLY BOUNDARY BEING ALSO THE CENTERLINE OF RIVER
CHANNEL EASEMENT TO THE COUNTY OF RIVERSIDE AS RECORDED SEPTEMBER 13, 1939, PER BOOK 434,
PAGE 108 OF OFFICIAL RECORDS OF SAID COUNTY), SOUTH 41' 42' 22" EAST 19.08 FEET TO THE BEGINNING OF
A TANGENT, 4000.00 FOOT RADIUS CURVE CONCA VE NORTHEASTERLY; mENCE SOUTHEASTERLY, ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 60 36" 30", 461.35 FEET; THENCE TANGENT TO
SAID CURVE, SOUTH 48' 18" 52" EAST 482.01 FEET TO THE NORTHEASTERLY PROLONGATION OF THE
CENTERLINE OF AN EASEMENT (66.00 FEET WIDE) DEDICATED TO THE COUNTY OF RIVERSIDE PER
INSTRUMENT NO. 152905, OF OFFICIAL RECORDS OF SAID COUNTY, RECORDED NOVEMBER 16, 1972 AND THE
MOST EASTERLY CORNER OF SAID PARCEL I; THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, AND
ALONG THE GENERAL SOUTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 430 58' 46" WEST 202.46 FEET TO THE
NORTHEASTERLY RIGHT-OF-WAY LINE OF DIAZ ROAD; THENCE NORTH 46001' 14" WEST 641.73 FEET TO THE
BEGINNING OF A TANGENT, 4180.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE
NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 04' 19' 17",315.27
FEET; THENCE TANGENT TO SAID CURVE NORTH 41' 42'.22" WEST, 18.62 FEET TO A POINT IN THE
NORTHWESTERLY LINE OF SAID PARCEL 1, DISTANT 180.00 FEET FROM THE MOST NORTHERLY CORNER OF
SAID PARCEL 1; THENCE NORTH 480 09' 38" EAST 180.00 FEET TO THE POINT OF BEGINNING.
CONTAINS AN AREA OF 4.15 ACRES, MORE OR LESS.
THE NET AREA OF 35.85 ACRES, MORE OR LESS, MAYBE SUBJECf TO COVENANTS, CONDITIONS,
RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD.
PRE~ER MY SUPERVISION:
lONALDl.PAL~
DEPUTY DIRECTOR OF PUBLIC WORKS
REGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30-05
R:\PARKSR\lEGAL For Ca/TllUS SUe.doc
EXHIBIT "A"
SCOPE OF WORK
[Attached.]
11087-0016\801177v2.doc
A-I
TEMECULA EDUCATION CENTER
License Agreement Works cope
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6/15/06
Earthwork
Clear & Grub
Over-excavate
Structural Fill & Mass grading 1
Place and remove surcharge 2
Water 3
Environmental Construction
'-SWPPP& Erosion 'C~ntr~1 4
Soil treatment (weed & pest control) 4
35 ac $
30,000 cy $
731,568 cy $
315,000 cy $
1,076,568 cy $
35 ac $
33 ac $
Survey:lnJl/ En!)lneerln\! / Solis Testing I Monitoring
Surveying
Civil engineering
Soils testing & monitoring
Archeologist I Paleontologist /Indian monitors
Burrowing Owl Reporting/Monitoring
Permits & Fees
---.- -
K-Rat fee
MHSCP Fee
Watershed Drainage Fee
Grading Permit
General Conditions
Supervision
Trailer & mobilization
Utilities
Misc, blueprinting, etc.
Mass Grading Permit
Subtotal
Other
Bonds
Insurance
Contingency
Total
_k '"_.~~ .
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1 Is
1 is
1 is
20 wk $
1 Is $
500.00 $
2.00 $
2.00 $
3.00 $
0.05 $
6,000.00 $
600.00 $
$ 83,400.00 $
$ 135,000.00 $
$141,998 $
3,000.00 $
3,000,00 $
35 ac $ 500.00 $
33 ac $ 5,620.00 $
35 ac $ 2,291.00 $
1 Is $ 17,993.00 $
20 wk $ 2,000.00 $
16 wk $ 600.00 $
16 wk $ 500.00 $
16 wk $ 300.00 $
1 Is $ 12,000.00 $
1 Is $ 53,523.00 $
1 Is $ 53,523.00 $
1 ~ $
17,500
60,000
1,463,136
945,000
53,828
210,000
19,800
83,400
135,000
141,998
60,000
3,000
17,500
185,460
80,185
17,993
40,000
9,600
8,000
4,800
12,000
53,523
53,523
200,000
$2,539,465
$ 229.800
$ 423,398
$ 301,138
$ 74,400
$ 3,568.201
$ 307,046
,. $3,875,Z41
" . .,~. "'.~' ..
Page 1 of4
RDA
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY'
AGENDA REPORT
TO:
FROM:
Executive Director/Redevelopment Agency Members
John Meyer, Redevelopment Director ~
June 28, 2005
DATE:
SUBJECT:
Monthly Departmental Report
Attached for your information is the monthly report as of June 13, 2005 for the Redevelopment
Department.
First Time Homebuvers Proaram
Funding in the amount of $100,000 is available for FY 04 -05.
Residentiallmorovement Proarams
The program budget for FY 04-05 is $250,000, with $175,350 funded on 52 units.
Habitat for Humanity
Council entered into a Disposition and Development Agreement (DDA) with Habitat for
Humanity to develop a home-ownership project within the Pujol Neighborhood. The project
located on the northwest corner of Pujol and First Streets, will consist of 5 new single-family
detached homes. The houses are arranged along Pujol Street and a private lane. Habitat has
resubmitted final grading plans, street improvements and final map to Public Works for review.
Old Town Community Theater
Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February
10, 2004 City Council meeting in the amount of $7,168,000. Construction has begun and
should be completed in the fall of 2005.
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Campus Proiect
The Redevelopment Agency entered into a Disposition and Development Agreement with AGK
Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The
facility will consist of mixed-income apartments, retail facilities, parking and participating college
universities. On May 4, the Planning Commission recommended approval of the project's
entitlements. The City Council will consider these on June 28. The project should be
completed in Fall of 2006.
Facade Improvement/Non-Conforminq Sian ProQram
The following facade improvement/sign projects are in process or have recently been
completed:
. Belinda McCauley Photography
Sign Program
. Tungle Toy
Sign Program
. Rachel's Place
Sign Program
. Old Town Coffee House
Fayade Improvement Program
Old Town Promotions/Marketina
Street Paintinq Festival
The Street Painting Festival was held on June 18 & 19, 2005 in Old Town Temecula as the
streets were painted with vibrant colors by participating artists.
Participants learned techniques from Master Painters as they brought Old Town Temecula's
asphalt streets alive with brilliant pastels in the grand tradition of Italian Madonnari. Hundreds of
artists created beautiful murals right on the streets. All artists were welcome. Families and
children joined in the fun in the Verizon Super Pages Family Section. Artists began painting at 8
a.m. Saturday, June 18th. It was all done to the live musical performances by the Mount San
Jacinto Menifee Campus Jazz ensemble and Flamenco guitar by Javid on Saturday. Sunday,
Jango Reinhardt met Old Town with the Gypsy Jazz sounds of Club Jango. Artists were
encouraged to pre-register to reserve their space and chalk.
Beginning Friday, July 8, Old Town kicks off our Summer Night series to include live
entertainment, food and crafts. The schedule will be available June 21.
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ITEM 23
CITY ATTORNEY
DIRECTOR OF F
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
DATE:
City Manager/C~t~ouncil
Debbie Ubno~~ Planning
TO:
June 28, 2005
SUBJECT:
Temecula Education Center: Development Agreement (PA05-0122); Zone
Change and Development Plan (PA04-0582); and Tentative Parcel Map (PAOS-
0070)
PREPARED BY: Stuart Fisk, Associate Planner
RECOMMENDATION: The Planning Commission recommends that the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC",
ESTABLISHING CERTAIN DEVELOPMENT RIGHTS FOR THE
TEMECULA EDUCATION CENTER (PA04-0582 AND PA05-
0070).
2. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING
SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE
PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DIAZ ROAD AND DENDY PARKWAY, KNOWN AS ASSESSOR
PARCEL NO. 909-370-002 (PA05-0122).
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3. Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0582, A DEVELOPMENT PLAN FOR THE
CONSTRUCTION OF A 170,863 SQUARE FOOT EDUCATION
COMPLEX, A 18,792 SQUARE FOOT RESEARCH AND
DEVELOPMENT BUILDING WITH A CONFERENCE CENTER,
A PAD FOR A 16,000 SQUARE FOOT DAY CARE FACILITY,
RETAIL SPACE TOTALING 60,863 SQUARE FEET, A THREE-
STORY PARKING STRUCTURE WITH 502 PARKING SPACES,
AND 288 APARTMENT UNITS COMPRISING 337,098 SQUARE
FEET, FOR A TOTAL OF 603,616 SQUARE FEET ON 40.0
ACRES," LOCATED AT THE NORTHWEST CORNER OF DIAZ
ROAD AND DENDY PARKWAY, KNOWN AS ASSESSOR
PARCEL NOS. 909-370-002 AND 909-120-019 (PA04-0582).
4. Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES
INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL
PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY
RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC
RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER
PARCELS, GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWN
AS ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-
019 (PA05-0070).
BACKGROUND:
The Temecula Education Center project consists of a Development Agreement, a Zone
Change, a Development Plan, and a Tentative Parcel Map. On May 4, 2005, the Planning
Commission unanimously recommended that the City Council approve the project.
The proposed Development Agreement between the City of Temecula and AGK Group, LLC,
, states that neither the Developer or Merchant Builder shall be subject to any new or revised
fees or charges, including, without limitation, Development Impact Fees, the City may enact,
adopt, or impose on or after the Agreement date; states that the Developer shall pay processing
and application fees in effect at the time the application is deemed completed and accepted by
the City for action; states that the City shall charge Development Impact Fees in the amount the
City charged, in all categories, on March 16, 2004; and states that the Developer shall pay all
fees due under the Traffic Uniform Mitigation Fee program as and when due. The proposed
Zone Change will change the zoning of the project site from Public Institutional (PI) to Planned
Development Overlay (PDO-l0) and adopt sections 17.22.210 through 17.22.218, including the
PDO text and Development Standards. The proposed Development Plan will allow for the
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construction of a 170,863 square foot education complex, an 18,792 square foot research and
development building with a conference center, a pad for a 16,000 square foot day care facility,
retail space totaling 60,863 square feet, a three-story parking structure with 502 parking spaces,
and 288 apartment units comprising 337,098 square feet, for a total of 603,616 square feet.
The proposed Tentative Parcel Map will subdivide two lots totaling 40.0 acres into 15 parcels
consisting of eight commercial parcels, one mixed-use parcel, one multi-family residential
parcel, three parcels for public right-of-way for streets, and two remainder parcels.
At the Planning Commission hearing, a representative from Milgard Windows, Inc., raised
concerns regarding the additional traffic that the project will generate and regarding the
compatibility of the residential portion of the project with the Milgard factory. For clarification,
the applicant stated that the apartment tenants will be notified when leases are signed that light
and noise will emanate from adjacent industrial uses. Five other members of the community
spoke in support of the project.
Since the May 5, 2005 Planning Commission hearing for the project, the Community Services
Department has requested that the Development Plan Resolution for the project be revised to
include conditions of approvai related to landscaped medians required by the Public Works
Department. These new conditions of approval are included in Exhibit A of Attachment 3 and
include condition numbers 89, 90, 116, 141, 142, and 143.
At the May 5, 2005 Planning Commission hearing, the applicant stated he had issues with some
of the conditions of approval for the project. On June 5, 2005, the applicant submitted a letter
(Attachment 11) requesting modifications to several of the recommended conditions of approval.
Staff met to discuss the requested revisions to the conditions and responded to the applicant.
Staff has made revisions to condition numbers 49.a, 49.c, 91, 126, 139, and 140 of the
Development Plan conditions and to condition numbers 19.a, 19.c, and 66 of the Tentative Map
conditions based on the applicant's concerns. The applicant has indicated that he is in
agreement with the revised conditions of approval.
Environmental Assessment
A Final Environmental Impact Report for the Temecula Education Complex (Environmental
Assessment EA-097) was approved by the City Council on March 16, 2004. Per Section 15162
of the State CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR
shall be prepared for that project unless the lead agency determines that substantial changes
are proposed or will occur, or that new information of substantial importance is available. The
proposed project substantially conforms to the conceptual plans for the Temecula Education
Complex Final EIR and no new information of substantial importance regarding the
environmental review of the project has arisen since the EIR was approved.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into effect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit
RECOMMENDATION:
Staff recommends that the City Council approve PA05-0122 (Development Agreement), PA04-
0582 (Development Plan), and PA05-0070 (Tentative Parcel Map) with the attached conditions
of approval.
FISCAL IMPACT: No impact.
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ATTACHMENTS:
1. City Council Ordinance 05-_ (Development Agreement) - Blue Page 5
Exhibit A - Conditions of Approval
2. City Council Ordinance 05-_ (Zone Change) - Blue Page 6
Exhibit A - Conditions of Approval
3. City Council Resolution 05-_ (Development Plan) - Blue Page 7
Exhibit A - Conditions of Approval
4. City Council Resolution 05-_ (Tentative Parcel Map) - Blue Page 8
Exhibit A - Conditions of Approval
5. Planning Commission Resolution 2005-30 (Development Agreement) - Blue Page 9
6. Planning Commission Resolution 2005-29 (Zone Change) - Blue Page 10
7. Planning Commission Resolution 2005-28 (Development Plan) - Blue Page 11
8. Planning Commission Resolution 2005-25 (Tentative Parcel Map) - Blue Page 12
9. Minutes from Planning Commission Hearing of May 4, 2005 - Blue Page 13
10. Agenda Packet for the May 4, 2005 Planning Commission Hearing - Blue Page 14
11. Applicant Letter Regarding Conditions of Approval
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ATTACHMENT NO.1
CITY COUNCIL ORDINANCE 05-_
(DEVELOPMENT AGREEMENT)
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ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC", ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0070).
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA05-0122, Development Agreement; PA04-0582, Zone Change and Development Plan; and
PA05-0070, a Tentative Parcel Map for the property consisting of approximately 40.0 acres
generally located at the northwest corner of Diaz Road and Dendy Parkway, known as Assessor
Parcel No. 909-370-002; and
WHEREAS, Government Code Section 65864 authorizes the City to enter into binding
development agreements with persons having legal or equitable interests in real property for the
development of such property in order to, among other matters: ensure high quality
deveiopment in accordance with comprehensive plans; provide certainty in the approval of
development projects so as to avoid the waste of resources and the escalation in the cost of
housing and other development to the consumer; provide assurance to the applicants for
development projects that they may proceed with their projects in accordance with existing
policies, rules and regulations and subject to conditions of approval, in order to strengthen the
public planning process and encourage private participation in comprehensive planning and
reduce the private and public economic costs of development; and provide for economic
assistance to Owner for the entitlements authorizing development related improvements.
WHEREAS, the applications for the Project were processed and an environmental
review was conducted as required by law, including the California Environmental Quality Act;
and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project and environmental review, at
which time the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to this matter; and
WHEREAS, following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning Commission
adopted Resolution No. 2005-30, recommending that the City Council approve a Development
Agreement for the Temecula Education Center for property generally located at the northwest
corner of Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002; and
WHEREAS, on , 2005 the City Council of the City of Temecula held
a duly noticed public hearing on the Project at which time all persons interested in the Project
had the opportunity and did address the City Council on these matters; and
WHEREAS, at the conclusion of the City Council hearing and after due consideration of
the testimony, the City Council approved the Development Agreement for the Project subject to
and based upon the findings set forth hereunder;
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WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. The City Council, in approving the Development Agreement proposed in
Planning Application PA05-0122, hereby makes the following findings:
A. The Development Agreement and the project, as defined in the Development
Agreement, implement the goals and policies of the City's General Plan, provide balanced and
diversified land uses, and impose appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the environment within
the City.
B. The City has engaged in studies and review of the potentia/ impacts of the
Project as well as the various potential benefits to the City by the development of the Project
and concluded that the Project is in the best interests of and is not detrimental to the health,
safety and general we/fare of the City.
C. The Development Agreement is consistent with the City's General Plan, and
each Element thereof.
D. The Development Agreement is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR
has been certified for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines that substantial changes are proposed or will occur, or that new
information of substantial importance is available. The proposed project substantially conforms
to the conceptual plans for the Temecula Education Complex Final EIR and no new information
of substantial importance regarding the environmental review of the project has arisen since the
EIR was approved. Therefore, the City Council finds that the proposed project is consistent with
the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into effect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. The City of Temecula City Council hereby approves the Development
Agreement proposed in Planning Application PA05-0122 to establish a vested right for the
developer to implement the development pursuant to the Development Plan approvals; to
establish that neither the developer nor merchant builder shall be subject to any new or revised
fees or charges; and to establish that the City shall charge Development Impact Fees for the
project in the amount the City charged, in all categories, on March 16, 2004, for a site generally
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located at the northwest corner of Diaz Road and Dendy Parkway, known as Assessor Parcel
No. 909-370-002, in the form attached to this Ordinance as Exhibit A.
Section 5. Severabilitv. If any sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction
shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 8. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
_ day of _, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the _ day of , 2005 and that thereafter, said
Ordinance was duty adopted and passed at a regular meeting of the City Council on the _
day of , 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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EXHIBIT A
DEVELOPMENT AGREEMENT
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11086-0092\818544v1.doc
DEVELOPMENT AGREEMENT
By and Between
THE CITY OF TEMECULA,
City,
and
AGK GROUP, LLC
Owner.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the
_ day of , 2005 ("Agreement Date"), by and between ,
a ("KADING" or "OWNER"), and the CITY
OF TEMECULA, a municipal corporation, organized and existing under the laws of the
State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864
through 65869.5 of the California Government Code and Article XI, Section 2 of the
California Constitution.
RECITALS
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain capitalized terms which are
defined in this Agreement. The parties intend to refer to those definitions in conjunction
with the use thereof in these Recitals.
B. The Development Agreement Legislation authorizes the CITY to enter into
binding development agreements with persons having legal or equitable interests in real
property for the development of such property in order to, among other matters: ensure
high quality development in accordance with comprehensive plans; provide certainty in
the approval of development projects so as to avoid the waste of resources and the
escalation in the cost of housing and other development to the consumer; provide
assurance to the applicants for development projects that they may proceed with their
projects in accordance with existing policies, rules and regulations and subject to
conditions of approval, in order to strengthen the public planning process and
encourage private participation in comprehensive planning and reduce the private and
public economic costs of development; assist in the financing of public improvements;
protect against initiatives, moratorium (processing or development) and other actions
inconsistent with the Project anticipated by this Agreement; assure reimbursement of
OWNER in accordance with the terms of this Agreement and state and federal law; and
provide for economic assistance to OWNER for the entitlements authorizing
development related improvements.
C. KADING is, or will be the owner of certain real property within the City of
Temecula, the County of Riverside, State of California ("KADING Property"), as more
particularly described in Attachment "1", including a plat graphically depicting each
respectively. OWNER desires to develop the Property in accordance with the
provisions of this Agreement, the Existing Regulations and those regulations of other
agencies exercising jurisdiction upon the project. The Scope of Development of the
Property as contemplated by this Agreement is described below.
D. OWNER has applied for, and the CITY has agreed to, this Agreement in
order to create a beneficial project and a physical environment that will conform to and
complement the goals of the CITY, create a development project sensitive to human
needs and values, facilitate efficient traffic circulation, and develop the Property. As
11086-0092\818544v1.doc
part of the process of granting this entitlement, the City Council of the CITY has
required the preparation of and has certified the Project EIR in order to identify any
significant environmental effects arising from the Development and has otherwise
carried out all requirements of the California Environmental Quality Act ("CEQA") of
1970, as amended.
E.
Project:
The following actions were taken with respect to this Agreement and the
1. On " following a duly noticed and
conducted public hearing, the City Planning Commission recommended that the City
Council approve this Agreement, the General Plan amendment, the Specific Plan,
Rezone and Tentative Map No. , by adoption of its Resolution No. and
making the findings of fact thereto;
2. On , after a duly noticed public hearing and
pursuant to CEQA, the City Council certified the Project EIR and adopted the Mitigation
Monitoring and Reporting Program by adoption of its Resolution No. and making
the findings of fact thereto;
3. On , after a duly noticed public hearing, the City
Council determined that the provisions of this Agreement are consistent with the
General Plan of the CITY by adoption of its Resolution No. and making the
findings of fact thereto; .
4. On , after a duly noticed public hearing, the City
Council approved the Specific Plan, the General Plan amendment, the Rezone and
Tentative Map No. by adoption of its Resolution No.
Ordinance No. _ and making the findings of fact thereto;
5. On , after a duly noticed public hearing, the City
Council introduced Ordinance No. approving and authorizing the execution of
this Agreement and on , the City Council adopted the Ordinance, a
copy of which is on file with the City Clerk of the CITY, and the findings and conditions
pertaining thereto.
F. The CITY has engaged in extensive studies and review of the potential
impacts of the Project under the California Environmental Quality Act and all applicable
Existing Regulations, as well as the various potential benefits to the CITY by the
development of the Project and concluded that the Project is in the best interests of the
CITY.
G. In consideration of the substantial public improvements and benefits
already provided and those to be provided by OWNER and the Project, as described in
Attachment 2, in further consideration of the benefits that will inure to the CITY in
conjunction with the implementation of the Project and in order to strengthen the public
financing and planning process and reduce the economic costs of development, by this
Agreement, the CITY intends to give and by this Agreement gives, OWNER assurance
II 086-0092\8 I 8544v I.doc
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4120105
that OWNER can proceed with the Development of the Project for the Term of this
Agreement pursuant to the terms and conditions of this Agreement and in accordance
with the Development Plan Approval(s) and the Existing Regulations. In reliance on the
CITY's covenants in this Agreement concerning the Development of the Property,
OWNER has and will in the future incur substantial indebtedness, as well as costs in
planning, engineering, site preparation and the construction and installation of major
infrastructure and facilities that OWNER would not incur but for the covenants of CITY
provided in this Agreement.
H. Pursuant to Section 65867.5 of the Development Agreement Legislation,
the City Council has found and determined that: (i) this Agreement and the
Development Plan Approval(s) implement the goals and policies of the CITY's General
Plan and the Specific Plan, provide balanced and diversified land uses and impose
appropriate standards and requirements with respect to land development and usage in
order to maintain the overall quality of life and the environment within the CITY, (ii) this
Agreement and the Project are in the best interests of and not detrimental to the public
health, safety and general welfare of the CITY and its residents; (iii) adopting this
Agreement is consistent with the CITY's General Plan and constitutes a present
exercise of the CITY's police power; and (iv) this Agreement is being entered into
pursuant to and in compliance with the requirements of Section 65867 of the
Development Agreement Legislation.
I. The CITY and OWNER agree that it may be beneficial to enter into
operating memoranda, additional agreements or to modify this Agreement with respect
to the implementation of the separate components of the Project when more information
concerning the details of each component is available, and that this Agreement should
expressly allow for such contemplated operating memoranda, additional agreements or
modifications to this Agreement.
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Legislation, pursuant to Article XI, Section 2 of the California Constitution,
and in consideration of the foregoing recitals of fact, all of which are expressly
incorporated into this Agreement, the mutual covenants set forth in this Agreement, the
parties agree as follows:
1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1 shall,
for all purposes of this Agreement, or any supplemental agreement, and any certificate,
opinion or other document herein mentioned, have the meanings herein specified. All
references herein to "Articles," "Sections" and other subdivisions are to the
corresponding Articles, Sections or subdivisions of this Agreement, and the word
"herein," "hereof," "hereunder" and other words of similar import refer to this Agreement
as a whole and not to any particular Article, Section or subdivision hereof.
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4120105
"Agreement Date" means , 2005, the date of the second
introduction and reading of the Authorizing Ordinance by the City Council.
"Authorizing Ordinance" means Ordinance No.
this Agreement.
"CITY" means the City of Temecula, a California municipal corporation, duly
organized and existing under the Constitution and laws of the State of California, and all
of its officials, employees, agencies and departments and assignees or successors.
of the CITY approving
"City Council" means the duly elected and constituted City Council of the CITY.
"Develop" or "Development" or "Developing" means the improvement of the
Property for purposes consistent with the Development Plan, including, without
limitation: subdividing, grading, the construction of infrastructure and public facilities
related to the Off-Site Improvements, the construction of structures and buildings and
the installation of landscaping, all in accordance with the phasing provided for herein.
"Development Agreement Legislation" means Sections 65864 through
65869.5 of the California Government Code as it exists on the Agreement Date.
"Development Impact Fees" or "DIF" means, individually and in the aggregate,
the CITY's currently adopted development impact fees as set forth in Ordinance No. 97-
09 in effect as of the Agreement Date as set forth in the Temecula Municipal Code in
"Development Plan" means the plan for Developing the Property contained in
this Agreement, the City of Temecula General Plan as amended on ,
2001 and as thereafter amended in accordance with Section 3.6 hereof, the Project EIR
(including Mitigation Monitoring Program) and those Future Development Approvals,
approved in conformance with Section 3.7 hereof.
"Development Plan Approval(s)" means the approvals of the City Council and
other governmental agencies and other actions and agreements described in
Attachment 2 hereto, including those amendments to this Agreement made in
accordance with Section 3.5, those amended to the Development Plan Approvals made
in accordance with Section 3.6 and those Future Development Approvals made in
accordance with Section 3.7.
"Development Transferee" means a person or entity that expressly assumes
obligations under this Agreement pursuant to Section 2.5 hereof.
"Effective Date" means the date the Authorizing Ordinance becomes effective.
"Existing Regulations" means those ordinances, rules, regulations and official
policies of the CITY other than the Development Plan Approval(s) in effect on the
Agreement Date, which govern the permitted uses of the Property, building heights, the
size of structures, the density and intensity of use of the Property, the timing, fees, and
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conditions to Development, exactions, assessments, the procedures for, and types of,
permits required for the Development, the provisions for reservation or dedication of
land for public purposes and the design, improvement and construction standards and
specifications applicable to the Property and the infrastructure required for the
Development.
"Future Development Approvals" means those entitlements and approvals that
are: (a) made in accordance with Section 3.7; and (b) requested by the CITY or
OWNER in order to authorize the Development to occur upon the Property in a manner
consistent with the Development Plan Approval(s). By way of enumeration, and not
limitation, the Future Development Approvals include actions such as development
plan review, tentative maps, final maps, use permits, variances, grading permits,
occupancy permits and building permits.
"KADING" means AGK Group, LLC, 35411 Paseo Viento, Capistrano Beach,
CA, 92624.
"KADING Development" means the Development located on the OWNER
Property, and Public Infrastructure Improvements related thereto.
"KADING Property" means that certain real property that is part of the Property,
as described in Attachment 1 hereto and subject to refinement upon recordation of the
final "A" map.
"Merchant Builder" means a buyer, assignee, or transferee (other than the
OWNER or any End User) of one or more individual lots or tracts of the Project,
acquiring such lots or tracts for the purpose of engaging in the business of developing,
improving, or using such lots or tracts for development.
"OWNER" is KADING and others who subsequently are assigned the rights and
obligations of OWNER pursuant to Section 2.5 hereof.
"Planning Commission" means the duly appointed and constituted planning
commission of the CITY.
"Project" means the development of the Property as set forth in the
Development Plan Approval(s).
"Project EIR" means that environmental impact report prepared for the Project,
as certified on , 2005.
"Property" means that certain real property described in Attachment 1 hereof.
"Term" means the time frames set forth in Section 2.3.
2. General Provisions.
2.1 Bindina Covenants. Except as otherwise provided for in this Agreement,
the provisions of this Agreement to the extent permitted by law, constitute covenants
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which shall run with the Property for the benefit thereof, and the benefits and burdens of
this Agreement shall bind and inure to the benefit of the parties, all successors in
interest to the parties hereto to the extent provided for in this Agreement.
2.2 Interest of OWNER. OWNER represents that OWNER owns fee simple
interest in the Property. [IS THIS CORRECT NOW?]
2.3 Term. This Agreement shall become effective on the Effective Date.
Unless terminated pursuant to Section 2.4, with respect to the KADING Property, this
Agreement shall terminate at 11 :59 p.m. on the tenth (10th) anniversary of the Effective
Date of this Agreement. The termination shall occur subject to specific extensions,
force majeure, revisions, and termination provisions of this Agreement.
2.4 Termination.. This Agreement shall be deemed terminated and of no
further effect, except for those covenants and agreements that expressly survive
termination, upon the occurrence of any of the following events:
2.4.1 If termination occurs pursuant to any specific provision of this
Agreement, including, without limitation, a termination in the event of default;
2.4.2 Completion of the total build-out of the Development pursuant to
the terms of this Agreement and the CITY's issuance of all required occupancy permits
and acceptance of all dedications and improvements required to complete
Development; or
2.4.3 Entry after all appeals have been exhausted of a final judgment or
issuance of a final order directed to the CITY as a result of any lawsuit filed against the
CITY to set aside, withdraw, or abrogate the approval of the City Council of this
Agreement.
2.4.4 The expiration of the Term as set forth in Section 2.3.
To provide notice to all, and not as a condition of the effectiveness of a
termination of this Agreement, the parties agree to execute and record terminations of
or releases of this Agreement.
2.5 Transfers and Assianments.. OWNER's reputation, resources and
corporate history are a material component of CITY's decision to enter into this
Agreement. The CITY, but for the factors attributable to OWNER, would not have
agreed to the terms and conditions set forth in this Agreement. In light of such reliance
CITY desires to be provided assurances in regards to any successor to OWNER's
rights, duties and obligations which arise, directly or indirectly, under this Agreement.
CITY also does not desire to unduly intervene in OWNER's business affairs. In order to
satisfy the goals and objectives of CITY, and to allow the OWNER reasonable freedom
in regards to its business affairs, CITY and OWNER agree to the following provisions
regarding transfers and assignments.
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2.5.1 Assignments and/or Transfers Involving No Assignment or
Transfer of Specified Rights, Duties and Obligations Under the Development
Agreement. OWNER, at any time and from time to time, may transfer to any person,
firm or entity that lawfully capable of assuming the same, any interest the OWNER may
possess in the Property or the Development Plan, without the prior approval of CITY
provided that, prior to the completion of the transaction which shall result in the transfer
or assignment of the subject interest OWNER shall cause the following to occur:
(i) OWNER shall give written notice to CITY of the proposed
assignment or transfer, including the name of the transferee or assignee, the business
address, facsimile number, telephone number and email address of the transferee or
assignee, a reasonably detailed description of the interest being transferred or assigned
and the anticipated date of the transfer.
(ii) OWNER's legal counsel shall deliver a formal written
opinion, for benefit of CITY and with the purpose of CITY's reliance on the same for all
purposes, that no rights, duties or obligations of OWNER relating to the Additional
Benefits, the Connecting Arterials, the Interchange Improvements, the Off-Site
Improvements and those matters set forth on the Attachments to the Agreement, and
the timely and complete development thereof, are being transferred or assigned as a
result of the transaction.
In the event OWNER cannot provide the documents set forth in Subsection
2.5.1 (i) and 2.5.1 (ii) in the time frame required, OWNER shall obtain CITY's prior written
consent, which shall not be unreasonably withheld. The transferees and assignees
identified pursuant to this subsection shall be referenced as "Non-Obligation
AssigneesfTransferees."
2.5.2 Assignments and/or Transfers Involving the Assignment or
Transfer of Certain Specified Rights, Duties and Obligations Arising Under the
Development Agreement. OWNER, at any time and from time to time may desire to
transfer to another the OWNER's rights, duties and obligations arising under and from
the Development Agreement in regards to the promises and performances in regards to
the Additional Benefits, the Connecting Arterials, the Interchange Improvements, the
Off-Site Improvements and those matters set forth on the Attachments to the
Agreement. The requirements attendant to the assignment or transfer are:
(i) Prior to the completion of the assignment or transfer the
OWNER shall deliver to CITY the information defined in Subsection 2.5.1 (i) above.
(ii) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY a duplicate of the instrument by which the subject rights
duties and obligations are to be assignee or transferee including a description of the
security being offered CITY to ensure the completion of the rights, duties and
obligations.
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(iii) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY a proposed opinion prepared by the assignees or
transferees legal counsel, to the benefit of CITY which both identifies with particularity
those rights, duties and obligations under the Development Agreement to be assumed
by the assignee or transferee and which unequivocally acknowledges that the assignee
or transferee is bound by the terms of the Development Agreement and acknowledges
the CITY may enforce the Development Agreement against such Party.
(iv) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY an estoppel certificate, at no cost to CITY, wherein
OWNER specified and acknowledges those obligations under the Development
Agreement which OWNER has retained.
(v) CITY shall promptly review the documents submitted, at
such time all of the documents are received by CITY and shall thereafter provide a
written response to OWNER. CITY shall limit its review to the determination of (a) is the
security for the subject performances reasonably adequate to cause the subject rights,
duties and obligations to be completed as required by the Agreement and b) do the
documents reasonably provide the information and conform to the standards and
requirements expected of such instrument when the same is prepared by a competent
legal practitioner. CITY shall deliver its written review, including the changes CITY
requires as a precondition to the issuance of its consent, to OWNER. In the event
CITY's requests are accepted by OWNER, a duplicate set of the execution ready
documents shall be provided to CITY prior to the close of the transaction for the
purpose of CITY confirming all changes were correctly made therein. CITY shall
thereafter be provided final, executed duplicates of the items described in Subsection
2.5.2(ii), (iii), and (iv) above concurrently with the completion of the transaction
effectuating the assignment or transfer. The assignee or transferee shall be referenced
as the "Development Transferee with Obligations."
2.5.3 Effect of Assignment or Transfer. Unless expressly set forth to
the contrary in this Agreement CITY shall require OWNER to perform all promises,
duties and obligations set forth in the Development Agreement with the sole exception
of those which CITY has consented to be assigned or transferred to a development
Transferee with Obligations. CITY shall look only to the Development Transferee to
perform the obligations such party is obligated to perform.
3. Development Provisions.
3.1 Vestinq.
3.1.1 Project. CITY covenants that OWNER has, and OWNER shall
have, the right to implement the Development pursuant to the Development Plan
approvals and the existing regulations, including, without limitation, 288 multi-family residential
units and 266,518 square feet of commercial and educational development as provided for in
the Development, and the CITY shall have the right to control the Development in
accordance with the Existing Regulations and the Development Plan Approval(s)
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("vested right"). Except as otherwise expressly specified in this Agreement, the
Development Plan Approval(s) shall control the design and development, and review
and approval of all Future Development Approvals and all Off-Site Improvements and
appurtenances in connection therewith. Except to the extent it has been amended,
canceled, modified or suspended in accordance with the terms of this Agreement, this
Agreement shall be enforceable by OWNER or its assignees notwithstanding any
change in any Existing Regulation.
3.1.2 Limits on Development. The California Supreme Court held in
Pardee Construction Companv v. Citv of Camarillo, 37 Cal.3d 465 (1984), that the
failure of the parties to address certain limits on a CITY's ability to condition, restrict or
regulate a development allowed a later adopted initiative to restrict the development.
This Agreement cures that deficiency by expressly addressing the timing for the
Development, the vested rights afforded by this Agreement and the scope of the CITY's
Reserved Authority. Except as expressly set forth in the Development Plan Approval(s),
regardless of any future enactment, by initiative, or otherwise, OWNER shall have the
discretion to develop the Development in such order, and at such rate, in one phase or
in multiple phases, at such times as OWNER deems appropriate within the exercise of
its subjective business judgment. Specifically, the CITY agrees that OWNER shall be
entitled to apply for and receive the Future Development Approvals and to develop and
use the Property at any time during the term of this Agreement, provided that such.
application is made and such development occurs in accordance with this Agreement,
the other Development Plan Approval(s) and the Existing Regulations. The CITY
covenants that no Existing Regulation purports to limit the scope, rate or timing of
Development or alter the sequencing of Development in a manner inconsistent with the
Development Plan Approval(s). No future amendment of any CITY law, or future
adoption of any CITY law or other action, that purports to limit the scope, rate or timing
of Development on the Property or alter the sequencing of the Development, in a
manner inconsistent with the Development Plan Approval(s), whether adopted or
imposed by the City Councilor through the initiative or referendum process, shall apply
to the Property. In particular, but without limiting any of the foregoing, no numerical
restriction shall be placed by CITY on the number of dwellings units or amount of
commercial development that may be built in any particular year on any portion of thE:!
Property other than permitted by this Agreement.
3.1.3 Entitlements, Permits and Approvals - Cooperation.
3.1.3.1 Processing. CITY agrees that it shall accept and
expeditiously process, pursuant to CITY's regular procedures, OWNER's applications
for amendments to this Agreement, amendments to the Development Plan Approval(s)
and the Future Development Approvals.
3.1.3.2 Further Mitigation. In connection with the issuance of
any Future Development Approvals which are subject to review under CEQA, unless
required under the California Public Resource Code and the Guidelines promulgated
thereunder, the CITY shall not impose any environmental land use project alternatives
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or mitigation measures on OWNER or the Property beyond those referenced in the
Development Plan Approval(s).
3.1.3.3 Other Permits. The CITY further agrees to reasonably
cooperate with OWNER, at no cost to the CITY, in securing any County, State and
Federal permits or authorizations which may be required in connection with
Development of the Property. Except as expressly provided for in this Agreement, this
cooperation shall not require any economic contribution or similar consideration by the
CITY.
3.1.3.4 Litigation. The CITY agrees to reasonably cooperate
with OWNER in all reasonable manners in order to keep this Agreement in full force and
effect. If any legal action is instituted by a third party or other governmental entity or
official challenging the Development Plan Approval(s) or Future Development
Approvals, the parties hereby agree to cooperate in jointly defending such action.
Notwithstanding the foregoing OWNER shall be responsible for all costs, including, but
not limited to, attorneys fees, costs, expert witnesses and the like. OWNER shall
reimburse CITY its costs within thirty (30) calendar days of receipt of any invoice by
OWNER.
3.1.3.5 Acquisition of Off-Site Property. The CITY shall not
postpone or refuse approval of a Future Development Approval because the OWNER or
Development Transferee has failed to acquire off-site property required for the
construction or installation of Off-Site Improvements. To the extent the CITY, OWNER
or a Development Transferee does not have sufficient title or interest to permit the
Public Infrastructure Improvements to be made at the time the Future Development
Approval is filed with the CITY, the applicable OWNER or Development Transferee shall
make a good faith effort to acquire the required property. If the OWNER or
Development Transferee is unable to acquire the required property, the CITY shall
consider in good faith the acquisition of the required property. Subject to the following if
the CITY is unable to acquire the required property by negotiation or condemnation
within the time frame provided for in Government Code Section 66462.5, the CITY shall
continue to issue Future Development Approvals for the Project despite the fact that the
improvement has not been completed. Notwithstanding the above, the CITY's obligation
to continue to issue Future Development Approvals as provided for in this Section is
contingent upon: (i) the applicable OWNER or Development Transferee submitting the
improvement plans required for the improvement to the CITY; and (ii) consistent with
Government Code Section 66462.5, the OWNER or Development Transferee enters
into an agreement with the CITY to reimburse the CITY for costs incurred by the CITY in
acquiring the required property; and (iii) so long as OWNER or Development Transferee
has deposited with CITY an amount equal to the costs of the Public Infrastructure
Improvement(s) which are uncompleted. CITY may use these funds for community
circulation/transportation improvements in its sole discretion.
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3.2 Reserved Authoritv.
3.2.1 Uniform Codes. This Agreement shall not prevent the CITY from
applying new uniform construction standards adopted by the State of California as State
Codes, such as the Uniform Building Code, National Electrical Code, Uniform
Mechanical Code or Uniform Fire Code, to the Development, provided those same
standards are applied to all other development within the CITY.
3.2.2 State and Federal Laws and Regulations. Subject to compliance
with the requirements of this Section 3.2.2, the Property may be subject to subsequently
enacted state or federal laws or regulations which preempt local regulations, or
mandate the adoption of local regulations, and are in conflict with the Development Plan
Approval(s). Upon discovery of a subsequently enacted federal or state law meeting
the requirements of this Section, CITY or OWNER shall provide the other parties with
written notice of the state or federal law or regulation, provide a copy of the law or
regulation, and a written statement of conflicts with the provisions of this Agreement.
Promptly thereafter CITY and OWNER shall meet and confer in good faith in a
reasonable attempt to determine whether a modification or suspension of this
Agreement, in whole or in part, is necessary to comply with such federal or state law or
regulation. In such negotiations, CITY and OWNER agree to preserve the terms of this
Agreement and the rights of OWNER as derived from this Agreement to the maximum
feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in
resolving the conflict in a manner which minimizes any financial impact of the conflict
upon OWNER without materially increasing the financial obligations of CITY under this
Agreement. CITY also agrees to process in a prompt manner OWNER's proposed
changes to the Project as may be necessary to comply with such Federal or State law;
provided, however, that the approval of such changes by CITY shall be subject to the
discretion of CITY, consistent with this Agreement.
3.2.3 Regulation for Health and Safety. Nothing in this Agreement
shall be construed to be in derogation of CITY's police power to protect the public health
and safety from a sudden, unexpected occurrence, involving a clear and imminent
danger, demanding immediate and interim action to prevent or mitigate loss of, or
damage to, life, health, property, or essential public services involving the Property or
the immediate community ("Exigent Event"). Upon discovery of an Exigent Event, CITY
may suspend this Agreement for a period reasonably necessary to analyze, evaluate
and develop a response to the Exigent Event following delivery of written notice of
suspension to OWNER. Immediately thereafter, the suspension shall end and CITY
shall provide the OWNER with written notice of the existence of the Exigent Event, a
detailed explanation of the CITY's proposed action, and a written statement of conflicts
with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall
meet and confer in good faith in a reasonable attempt to determine whether a
modification or suspension of this Agreement, in whole or in part, is necessary to
comply with the Exigent Event. In such negotiations, CITY and OWNER agree to
preserve the terms of this Agreement and the rights of OWNER as derived from this
Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to
cooperate with OWNER in resolving the conflict in a manner which minimizes any
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financial impact of the conflict upon OWNER without materially increasing the financial
obligations of CITY under this Agreement. CITY also agrees to process in an expedited
manner OWNER's proposed changes to the Project as may be necessary to comply
with the Exigent Event; provided, however, that the approval of such changes by CITY
shall be subject to the discretion of CITY, consistent with this Agreement.
3.3 Further Assurances to OWNER Reqardinq Exercise of Reserved
Authoritv
3.3.1 Assurances to OWNER. The parties further acknowledge that the
public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in
consideration for and reliance upon assurances that the Property can be developed in
accordance with the Development Plan Approval(s) and the Existing Regulations.
Accordingly, while recognizing that the Development of the Property may be affected by
the exercise of the authority and rights reserved and excepted as provided in Sections
3.1 and 3.2 ("Reserved Authority"), OWNER is concerned that normally the judiciary
extends to local agencies significant deference in the adoption of rules, regulations and
policies which might otherwise permit the CITY, in violation of the Reserved Authority, to
attempt to apply rules, regulations and policies that are inconsistent with the
Development Plan Approval(s). Accordingly, OWNER desires assurances that the
CITY shall not, and the CITY agrees that it shall not, further restrict or limit the
development of the Property in violation of this Agreement except in strict accordance
with the Reserved Authority, which excuse shall not be considered to be a violation of
this Agreement.
3.3.2 Judicial Review. Based on the foregoing, if OWNER judicially
(including by way of a reference proceeding) challenges the application of a future rule,
regulation or policy as being in violation of this Agreement and as not being applied in
accordance with the Reserved Authority, OWNER shall bear the burden of alleging that
such rule, regulation or policy is inconsistent with the Existing Regulations and the
Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in
establishing by a preponderance of the evidence that such regulation was adopted
pursuant to and in accordance with the Reserved Authority and was not applied by the
CITY in violation of this Agreement.
3.4 Consistent and Inconsistent Enactments.No Conflicting Enactments.
The CITY shall not enact a rule, regulation, ordinance, policy, permit or other measure
(collectively "Law"), nor take any action applicable to the Project or the Property, which
governs the rate, timing, scope, intensity, use, density, manner, or sequencing of the
Development, or any part thereof and which is inconsistent or in conflict with the
Development Plan Approval(s). By way of enumeration, and not limitation, any law,
action or inaction, whether by specific reference to the Project, this Agreement or
otherwise, shall be considered to conflict if it:
3.4.1.1 Restricts the vested rights described in the Agreement or
in any way limits or reduces the rate, timing, scope, intensity, use, density, manner, or
sequencing of the Development or otherwise requires any reduction or increase in the
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number, size, height or square footage of lot(s), structures, buildings or other
improvements, modifies the standards and specifications applicable to the infrastructure
required for the Development or requires additional dedications, exactions, fees or
mitigation other than that provided for in the Agreement;
3.4.1.2 Is consistent with Section 3.4.1.1 hereof, but is not
uniformly applied by the CITY to all substantially similar development within the CITY; or
3.4.1.3 Imposes a new permit requirement or procedure not
already part of the Existing Regulations.
3.4.2 Consistent Enactments. By way of enumeration and not
limitation, the following type of enactments shall be considered consistent with this
Agreement and Existing Regulations and not in conflict:
3.4.2.1 Any enactment authorized by this Agreement.
3.4.3 Consistency Between This Agreement, the Development Plan
Approval(s) and Existing Regulations. To the extent a conflict exists or develops
between the Existing Regulations and the Development Plan Approval(s), the
Development Plan Approval(s) shall be controlling. To the extent a conflict exists or
develops between this Agreement and any other Development Plan Approval(s)
[excluding all requirements of the EIR], this Agreement shall be controlling.
3.5 Amendment of Development AQreement.
3.5.1 Initiation of Amendment. Either CITY or OWNER may propose
an amendment to this Agreement. No Devetopment Transferee assigned the rights and
obligations of an OWNER pursuant to Section 2.5.3 shall have the right to initiate an
amendment with respect to any property other than the portion of the Property owned
by that Development Transferee. Both CITY and OWNER agree that it may be
beneficial to enter into an amendment of this Agreement in connection with the
implementation of the separate components of the Project. Neither an End User, a
Merchant Builder nor a Development Transferee shall have the right to initiate an
amendment of this Agreement without the written consent of the OWNER. An operating
memorandum, as defined below, is not an amendment of this Agreement.
3.5.2 Changes Requiring an Amendment. Unless otherwise required
by law, neither an amendment to the Development Plan Approval(s) or the approval of a
Future Development Approval shall require an amendment of this Agreement unless the
amendment:
3.5.2.1 Materially alters the permitted uses of the Property as a
whole in a manner inconsistent with the procedures established in the Specific Plan;
3.5.2.2 Increases the density or intensity of use of the Property
as a whole in a manner inconsistent with the procedures established in the Specific
Plan; or
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3.5.2.3 Increases the maximum height and size of permitted
buildings. Notwithstanding anything to the contrary herein, an amendment of this
Agreement is not required if OWNER pursues entitlements, permits or approvals
pursuant to a waiver of vested rights as provided for in Section 4.1.
3.5.3 Procedure. Except as set forth in Section 3.5.5 below, the
procedure for proposing and adopting an amendment to this Agreement shall be the
same as the procedure required for entering into this Agreement in the first instance.
3.5.4 Consent. Any amendment to this Agreement shall require the
written consent of both the CITY and the OWNER whose portion of the Property would
be materially affected by the amendment. No amendment to all or any provision of this
Agreement shall be effective unless set forth in writing, signed by duly authorized
representatives of the CITY and the applicable OWNER, and adopted pursuant to legal
requirements imposed on CITY. An amendment of this Agreement does not require the
consent of an End User, Merchant Builder or Development Transferee unless such
person or entity has uncompleted obligations under this Agreement. To the extent the
consent of the OWNER that did not initiate the amendment is necessary, that OWNER
shall not unreasonably withhold its consent. Notwithstanding the above, that OWNER
shall consent to the amendment on or before the thirtieth (30th) day after receipt of
notice of the initiation of the amendment if, as determined in that OWNER's reasonable
business judgment, that proposed amendment will not have a material adverse impact
on the Development of that OWNER's portion of the Property.
3.5.5 Operating Memoranda. The parties acknowledge that
refinements and further development of the Project may demonstrate that changes are
appropriate with respect to the details and performance of the parties under this
Agreement. The parties desire to retain a certain degree of flexibility with respect to the
details of the Development Plan and with respect to those items covered in general
terms under this Agreement. If and when the parties mutually find that nonsubstantive
changes, adjustments, or clarifications are appropriate to further the intended purposes
of this Agreement, and such are not materially inconsistent with the Development Plan
Approval(s), they may, unless otherwise required by law, effectuate such changes,
adjustments, or clarifications without amendment to this Agreement through one or
more operating memoranda mutually approved by the City Manager, or designee, on
behalf of the CITY and by any corporate officer or other person designated for such
purpose in a writing signed by a corporate officer on behalf of OWNER, which, after
execution, shall be attached hereto as addenda and become a part hereof. Unless
otherwise required by law or by the Development Plan Approval(s), no such changes,
adjustments, or clarifications shall require prior notice or hearing, public or otherwise.
Nothing herein shall authorize the delegation of authority to the City Manager, or
designee, contrary to California or Federal Law.
3.6 Future Amendments to Development Plan Approval(s). The following
rules apply to future amendments to the Development Plan Approval(s), except that
Section 3.5 shall control with respect to a nonsubstantive amendment of this Agreement
and Section 3.7 shall control with respect to Future Development Approvals:
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3.6.1 OWNER's Written Consent. It is contemplated by the parties that
mutually agreed upon amendments to the Development Plan Approval(s) may be
necessary. Any amendments to the Development Plan Approval(s) to which OWNER
does not agree in writing shall not apply to the Property or the Project while this
Agreement is in effect.
3.6.2 Concurrent Development Agreement Amendment. Any other
Development Plan amendment requiring amendment of this Agreement, as provided for
in Section 3.5 hereof, shall be processed concurrently with an amendment to this
Agreement in the manner required by law.
3.6.3 Effect of Amendment. Except as expressly set forth within this
Agreement, an amendment of the other Development Plan Approval(s) will not alter,
affect, impair or otherwise impact the rights, duties and obligations of the parties under
this Agreement. To the extent an amendment to the Development Plan Approval(s) is
approved in accordance with Section 3.6.1, the amendment shall constitute for all
purposes a Development Plan Approval and shall be treated as if it were in existence on
the Agreement Date.
3.7 Future Development Approvals.
3.7.1 Exercise of CITY Discretion. In connection with Future
Development Approval or any other actions which the CITY is expressly permitted to
make under this Agreement relating to the Project, the CITY shall exercise its discretion
or take action in a manner which complies and is consistent with the Development Plan
Approval(s) and the Existing Regulations.
3.7.2 Concurrent Development Agreement Amendment. Any Future
Development Approval requiring amendment of this Agreement, as provided for in
Section 3.5 hereof, shall be processed concurrently with an amendment to this
Agreement.
3.7.3 Effect of Future Development Approvals. Except as expressly
set forth within this Section 3.7, a Future Development Approval will not alter, affect,
impair or otherwise impact the rights, duties and obligations of the parties under this
Agreement. To the extent a Future Development Approval is approved in accordance
with Sections 3.7.1 and 3.7.2, the Future Development Approval shall constitute for all
purposes a Development Plan Approval and shall be treated as if it were in existence on
the Agreement Date.
4. ObliQations of the Parties.
4.1 Benefits to CITY. The direct and indirect benefits the CITY (including,
without limitation the existing and future residents of the CITY) will receive from the
approval of the Development Plan Approval(s) generally include, but are not limited to,
the items identified below. Nothing in the Development Plan Approval(s) or otherwise
obligate OWNERS to construct the Development or any part thereof. OWNER further
reserves the right to waive, in whole or in part, the vested rights afforded by the
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Development Plan Approval(s), and pursue entitlements, permits or approvals other
than those provided for in the Development Plan Approval(s).
4.1.1 Growth Management. The Project conforms to the CITY's effort to
manage growth through the use of, among other things, comprehensive planning and
design, project-wide continuity of landscaping and architectural design, design
standards and layout concepts exceeding the CITY's standards for residential
development, and the village-center concept.
4.2 Development Fees.
4.2.1 Fee Rates. The CITY hereby agrees that neither the Property
OWNER or Merchant Builder, nor except as provided hereunder the Development shall
be subject to any new or revised fees or charges, including, without limitation,
Development Impact Fees, that the CITY may enact, adopt, or impose on or after the
Agreement Date.
4.2.2 Processing and Application Fees. OWNER shall pay the
application and processing fees customarily imposed on the type of entitlement sought
at the rate, and in the amount, imposed by CITY pursuant to the fee schedule,
resolution or ordinance applicable to all projects in the CITY and in effect at the time the
application is deemed complete and accepted by CITY for action.
4.2.3 Fees for the KADING Property. Notwithstanding anything to the
contrary, the CITY shall charge Development Impact Fees in the amount the CITY
charged, in all categories, on March 16, 2004. If a fee did not exist on that date then the
fee currently charged shall be charged to the OWNER.
4.2.3.1 TUMF Fees for the KADING Property. The CITY and
OWNER acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program has
been adopted by the CITY. The CITY and OWNER agree that the OWNER shall pay all
fees due under this program as and when due.
4.3 Related Real Property Conveyances: Conditions to Development
AQreement.
4.3.1 Intent of the Parties. The CITY and OWNER agree that the
entitlements, vesting and other rights that witl allow OWNER to develop the Project in
accordance with the Development Plan Approval(s), along with the timely completion
and performance of the real estate transactions and the related agreements described
hereafter are a material component of the consideration each party has relied upon in
its respective decision to enter into this Agreement. OWNER and the CITY, individually
and collectively, represent that neither party would have entered into this Agreement but
for these commitments. Termination of this Agreement terminates the obligation of the
applicable party to perform with respect to those items discussed in Section 4.3 and the
applicable party shall only be required to perform the obligations set forth in the other
Development Plan Approval(s).
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5. Indemnification. Except to the extent of the active negligence or willful
misconduct of the Indemnified Parties (as defined below), KADING agrees to defend the
CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified
Parties") from and against any claims or proceeding against the Indemnified Parties to
set aside, void or annul the approval of this Agreement. If the CITY or Kading, in their
reasonable discretion, do not desire to settle such lawsuit or claim, it may notify the
other Party of the same, in which event the other Party may still elect to settle the
lawsuit or claim as to itself, but the non-settling party may elect to continue such lawsuit,
at their cost and expense, so long as: (i) with respect to the CITY, the CITY's decision is
predicated upon a legitimate and articulated threat to either the exercise of its police
powers or a risk of harm to those present within the CITY; or (ii) with respect to the
other Party, the decision is predicated upon a legitimate and articulated threat to the
Development of the Property.
6. Relationship of Parties. OWNER is not the agent or employee of the CITY.
The CITY and OWNER hereby renounce the existence of any form of joint venture or
partnership between them, and agree that nothing contained in this Agreement or in any
document executed in connection with the Project shall be construed as making the
CITY and OWNER joint ventures or partners.
7. Periodic Review of Compliance with Aqreement.
7.1 Periodic Review. The CITY and OWNER shall review this Agreement
once every 12-month period from the Effective Date until the Agreement terminates.
The CITY shall notify OWNER in writing of the date for review at least thirty (30) days
prior thereto.
7.2 Good Faith Compliance. During each periodic review, OWNER shall be
required to demonstrate good faith compliance with all material t~rms of this Agreement.
The parties recognize that this Agreement and the documents incorporated herein could
be deemed to contain hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources. Accordingly,
OWNER shall be deemed to have satisfied its good faith compliance when it presents
evidence of substantial compliance with the material provisions of this Agreement.
Generalized evidence or statements of compliance shall be accepted in the absence of
any evidence that such evidence is untrue.
7.3 Failure to Conduct Annual Review. The failure of the CITY to conduct
the annual review shall not constitute, or be asserted by OWNER or CITY as a breach
of this Agreement.
7.4 Initiation of Review bv City Council. In addition to the annual review,
the City Council may at any time initiate a review of this Agreement by giving written
notice to OWNER. The Notice must describe in detail the specific issues which caused
the CITY to question OWNER'S good faith compliance and the evidence the CITY
believes is necessary for the review. Within thirty (30) days following receipt of such
notice, OWNER shall submit evidence to the City Council of OWNER's good faith
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compliance with this Agreement and such review and determination shall proceed in the
same manner as provided for the annual review. The City Council shall initiate its
review pursuant to this Section 7.4 only if it has probable cause to believe the CITY's
general health, safety or welfare is at risk as a result of specific acts or failures to act by
OWNER in violation of this Agreement.
7.5 Administration of Aqreement. Any final decision by the CITY staff
concerning the interpretation and administration of this Agreement and Development of
the Property in accordance herewith may be appealed by OWNER first to the Planning
Commission and thereafter to the City Council, provided that any such appeal shall be
filed with the City Clerk within thirty (30) days after OWNER receives written notice that
the staff decision is final all as pursuant to routine planning appeal procedures. The
City Council shall render, at a noticed public hearing, its decision to affirm, reverse or
modify the staff decision within thirty (30) days after the appeal was filed.
7.6 Availability of Documents. If requested and reimbursed for all costs, by
OWNER, the CITY agrees to provide to OWNER copies of any documents, reports or
other items reviewed, accumulated or prepared by or for the CITY in connection with
any periodic compliance review by the CITY, provided OWNER reimburses the CITY for
all reasonable and direct costs and fees incurred by the CITY in copying the same. The
CITY shall respond to OWNER's request on or before ten (10) business days have
elapsed from the CITY's receipt of such request.
8. Events of Default: Remedies and Termination. Unless amended as provided
in Section 3.5, or modified or suspended pursuant to Government Code Section
65869.5 or terminated pursuant to this Section 8, this Agreement is enforceable by any
party hereto.
8.1 Defaults by OWNER. If, after following the procedures established in
Section 7 hereof, the CITY determines on the basis of a preponderance of the evidence
that OWNER has not complied in good faith with the material terms and conditions of
this Agreement, the CITY shall, by written notice to OWNER specify the manner in
which the allegedly defaulting party has failed to so comply and state the steps the
allegedly defaulting party must take to bring itself into compliance. If, within thirty (30)
days after the effective date of notice from the CITY specifying the manner in which the
allegedly defaulting party has failed to so comply, the allegedly defaulting party does not
commence all steps reasonably necessary to bring itself into compliance and thereafter
diligently pursue such steps to completion, then the allegedly defaulting party shall be
deemed to be in default under the terms of this Agreement and the CITY may terminate
this Agreement with respect solely to the allegedly defaulting party's property pursuant
to Government Code Section 65865.1 or may seek specific performance as set forth in
Section 8.3.
8.2 Defaults by CITY. If OWNER determines on the basis of a
preponderance of the evidence that the CITY has not complied in good faith with the
terms and conditions of this Agreement, OWNER shall, by written notice to the CITY,
specify the manner in which the CITY has failed to so comply and state the steps the
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CITY must take to bring itself into compliance. If, within sixty (60) days after the
effective date of notice from OWNER specifying the manner in which the CITY has
failed to so comply, the CITY does not commence all steps reasonably necessary to
bring itself into compliance as required and thereafter diligently pursue such steps to
completion, then the CITY shall be deemed to be in default under the terms of this
Agreement and OWNER may terminate this Agreement and, in addition, may pursue
any other remedy available at law or equity, including specific performance as set forth
in Section 8.3.
8.3 Specific Performance Remedv. Due to the size, nature and scope of the
Project, it may not be practical or possible to restore the Property to its natural condition
once implementation of this Agreement has begun. After such implementation,
OWNER may be foreclosed from other choices it may have had to utilize the Property
and provide for other benefits. CITY and OWNER has already invested significant time
and resources and performed extensive planning and processing of the Project in
agreeing to the terms of this Agreement and will be investing even more significant time
and resources in implementing the Project in reliance upon the terms of this Agreement,
and it may not be possible to determine the sum of money which would adequately
compensate OWNER for such efforts. For the above reasons, the CITY and OWNER
agree that damages may not be an adequate remedy if the CITY or OWNER fails to
carry out its obligations under this Agreement and that CITY or OWNER shall have the
right to seek and obtain specific performance as a remedy for any breach of this
Agreement. Notwithstanding the foregoing, if the CITY is authorized by Section 8.4.1 to
withhold an approval or permit upon a specified condition being satisfied by OWNER in
the future, and if OWNER then fails to satisfy such condition, the CITY may be entitled
to specific performance for the sole purpose of causing that nonperforming party, and
only that nonperforming party, or any party with an obligation to so perform the
condition, to satisfy such condition. The CITY's right to specific performance shall be
limited to those circumstances set forth above, and the CITY shall have no right to seek
specific performance to cause OWNER or a Development Transferee to otherwise
proceed with the Development of the Project in any manner, with the express exception
of the Off-Site Improvements and the grant of real property for the Interchange
Improvements.
8.4 Institution of LeQal Action. Any legal action hereunder shall be heard by
a reference from the Riverside County Superior Court pursuant to the reference
procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER
and the CITY shall agree upon a single referee who shall then try all issues, whether of
fact or law, and report a finding and judgment thereon and issue all legal and equitable
relief appropriate under the circumstances of the controversy before him. If OWNER
and the CITY are unable to agree on a referee within ten (10) days of a written request
to do so by either party hereto, either party may seek to have one appointed pursuant to
the California Code of Civil Procedure Section 640. The cost of such proceeding shall
initially be borne equally by the parties. Any referee selected pursuant to this Section
8.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of
the California Constitution.
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8.4.1 Effect of Noncompliance. Notwithstanding the foregoing, to the
extent the Development Plan Approval(s) expressly provide(s) that Development of the
Project or a portion thereof is directly dependent upon the performance of material
obligations assumed by OWNER or a Development Transferee, which material
obligations have not been performed, the CITY may, in its reasonable discretion,
withhold any approvals, including, without limitation, certificates of occupancy, with
respect to those directly dependent portions of the Project from OWNER and/or
Development Transferee until such obligations have been substantially performed.
CITY agrees that CITY will not withhold approvals if the OWNER or the Development
Transferee provides security for the performance of any of the obligations.
8.4.1.1 Non Compliance by KADING. Non compliance by
OWNER with respect to any material term and condition of this Agreement assumed by
OWNER shall entitle CITY to pursue any and all of its rights under this Agreement
against OWNER. Such noncompliance by OWNER shall be deemed a default, grounds
for specific performance or grounds for termination hereof with respect to, and
constitute cause for CITY to initiate enforcement action against and/or withhold any
approvals from Development Transferee, or other persons then owning or holding
interest in the Property or any portion of the Property, regardless of ownership.
8.5 Estoppel Certificates. A party may at any time deliver written notice to
the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party
receiving a request for an Estoppel Certificate shall provide a signed certificate to the
requesting party within thirty (30) days after receipt of the request. The City Manager or
any person designated by the City Manager may sign Estoppel Certificates on behalf of
the CITY. Any officer or member of a private party may sign on behalf of that party. An
Estoppel Certificate is intended to be relied on by assignees and mortgagees. If that
one party requests an Estoppel Certificate from the other, the requesting party shall
reimburse the other party for all reasonable and direct costs and fees incurred by such
party with respect thereto. The Estoppel Certificate shall address issues such as
whether:
8.5.1 The Agreement is in full force and effect and is a binding obligation
of the parties.
8.5.2 The Agreement has been amended or modified either orally or in
writing and, if so amended, identifying the amendments.
8.5.3 A default in the performance of the requesting party's obligations
under the Agreement exists and, if a default does exist, the nature and amount of any
default.
9. Waivers and Delavs.
9.1 No Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the other party, and failure by a party to exercise
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its rights upon a default by the other party hereto, shall not constitute a waiver of such
party's right to demand strict compliance by such other party in the future.
9.2 Third Parties. Non-performance shall not be excused because of a
failure of a third person, except as provided in Sections 9.3 or 9.4.
9.3 Force Maieure. A party shall not be deemed to be in default where failure
or delay in performance of any of its obligations under this Agreement is caused by
floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and
other labor difficulties beyond that party's control, action or inaction by the CITY, which
actions or inactions are breaches of any term of this Agreement, other governmental
bodies or public utilities other than those related to the normal and customary
processing of Future Development Approvals or any modifications to the Development
Plan Approval(s), judicial decisions, litigation regarding the Development Plan
Approval(s) or Future Development Approvals or other similar events. To the extent
applicable to the Project and Property pursuant to Section 3.4 hereof, government
regulations (including, without limitation, local, state and federal environmental and
natural resource regulations), voter initiative or referenda or moratoria (including,
without limitation, any "development moratorium" as that term is applied in Government
Code Section 66452.6) constitute force majeure events.
9.4 Extensions. The Term of this Agreement and the time for performance
by a party of any of its obligations hereunder or pursuant to the other Development Plan
Approval(s) shall be extended by the actual period of time that any of the events
described in Section 9.3 exist and/or prevent performance of such obligations.
Notwithstanding anything to the contrary herein, the performance by CITY of its
obligations shall not be delayed or extended by the action O( inaction of the CITY.
9.5 Notice of Delav. OWNER shall give immediate notice to the CITY of any
delay which OWNER anticipates or believes to have occurred as a result of the
occurrence of any of the events described in Sections 9.3 or 9.4. In no event, however,
shall notice of a delay of any length be given later than thirty days after the end of the
delay or ten (10) days before the end of the Term (unless the cause of the delay arises
during that time), whichever comes first.
10. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person, sent by certified mail, postage prepaid, return receipt
requested or by Federal Express or other similar nationwide overnight delivery service.
Notices required to be given to the CITY shall be addressed as follows:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
Attention: Planning Director
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With a copy to:
Richards, Watson & Gershon
Thirty-Eighth Floor
333 South Hope Street
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
AGK Group, LLC
35411 Paseo Viento
Capistrano Beach, CA 92624
Attention: A.G. Kading
Any notice given as required by Section 10 shall be deemed given only if in writing and
upon delivery as provided for in this Section 10. A party may change its address for
notices by giving notice in writing to the other party as required by this Section 10 and
thereafter notices shall be addressed and transmitted to the new address.
11. Attornevs' Fees. If legal action is brought by any party against another for
breach of this Agreement, including actions derivative from the performance of this
Agreement, or to compel performance under this Agreement, the prevailing party shall
be entitled to an award of its costs, including reasonable attorneys' fees, and shall also
be entitled to recover its contribution for the costs of the referee referred to in Section
8.4 above as an item of damage and/or recoverable costs.
12. Recordina. This Agreement and any amendment or cancellation hereto shall be
recorded, at no cost to the CITY, in the Official Records of Riverside County by the City
Clerk within the period required by Section 65868.5 of the Government Code.
13. Effect of Aareement on Title.
13.1 Effect on Title. OWNER and the CITY agree that this Agreement shall
not continue as an encumbrance against any portion of the Property as to which this
Agreement has terminated or released.
13.2 Encumbrances and Lenders' Riahts. The mortgagee of a mortgage or
beneficiary of a deed of trust encumbering the Property, or any part thereof, and their
successors and assigns shall, upon written request to CITY, be entitled to receive from
CITY written notification of any default by OWNER of the performance of OWNER's
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obligations under the Agreement which has not been cured within the time frame
established in Section 8.1 hereof.
13.2.1 Notwithstanding OWNER's default, this Agreement shall not be
terminated by CITY as to any mortgagee or beneficiary to whom notice is to be given
and to which either or the following is true:
(I) the mortgagee or beneficiary cures any default by OWNER
involving the payment of money within ninety (90) days after receipt from CITY of the
written notice of default;
(ii) as to defaults requiring title or possession of the Property or
any portion thereof to effectuate a cure: (i) the mortgagee/beneficiary agrees in writing,
within ninety (90) days after receipt from CITY of the written notice of default, to perform
the proportionate share of OWNER's obligations under this Agreement allocable to that
part of the Property in which the mortgagee/beneficiary has an interest conditioned
upon such mortgagee's/beneficiary's acquisition of the Property or portion thereof by
foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii) the
mortgagee/beneficiary commences foreclosure proceedings to reacquire title to the
Property or applicable portion thereof within said ninety (90) days and thereafter
diligently pursues such foreclosure to completion, and (iii) the mortgagee/beneficiary
promptly and diligently commences to cure such Default after obtaining title or
possession.
13.2.2 Notwithstanding Section 13.2.1 of this Agreement, if any
mortgagee/beneficiary is prohibited from commencing or prosecuting foreclosure or
other appropriate proceedings including by any process of injunction issued by any
court or by reason of any action by any court having jurisdiction of any bankruptcy or
insolvency proceeding involving OWNER, the times specified in Section 13.2.1 of this
Agreement for commencing or prosecuting foreclosure or other proceedings shall be
extended for the period of the prohibition.
13.2.3 Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any existing or
future mortgage or deed of trust on the Property made in good faith and for value.
14. Severabilitv of Terms. If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, the remainder of this
Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a
material part of consideration for either Party the Agreement as a whole. If the tribunal
finds that the invalidity was a material part of the consideration, this Agreement will
terminate unless CITY and OWNER agree to amend this Agreement as provided for
herein. Upon a termination arising from the application of this Section 14, each Party
agrees the Specific Plan shall suspend as to all unpermitted development activity
pending the CITY's determination regarding repeal or modification of the same.
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15. Subseauent Amendment to Authorizina Statute. This Agreement has been
entered into in reliance upon the provisions of the Development Agreement Legislation
in effect as of the Agreement Date. Accordingly, subject to Section 3.2.2 above, to the
extent that subsequent amendments to the Government Code would affect the
provisions of this Agreement, such amendments shall not be applicable to this
Agreement unless necessary for this Agreement to be enforceable or required by law or
unless this Agreement is modified pursuant to the provisions set forth in this Agreement.
16. Rules of Construction and Miscellaneous Terms.
16.1 Interpretation and Governina Law. The language in all parts of this
Agreement shall, in all cases, be construed as a whole and in accordance with its fair
meaning. This Agreement and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of California. The parties
understand and agree that this Agreement is not intended to constitute, nor shall be
construed to constitute, an impermissible attempt to contract away the legislative and
governmental functions of the CITY, and in particular, the CITY's police powers. In this
regard, the parties understand and agree that this Agreement shall not be deemed to
constitute the surrender or abnegation of the CITY's governmental powers over the
Property or any decision arising from the Agreement, directly or indirectly.
16.2 Section Headinas. All section headings and subheadings are inserted
for convenience only and shall not affect any construction or interpretation of this
Agreement.
16.3 Gender. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, "may" is permissive.
16.4 No Joint and Several Liabilitv. No breach hereof by OWNER, or
Development Transferee shall constitute a breach by the non breaching party. Any
remedy, obligation, or liability, including but not limited to the obligations to defend and
indemnify the CITY, arising by reason of such breach shall be applicable solely to the
party that committed the breach. However, the CITY shall send a copy of any notice of
violation to all OWNERS and Development Transferee, including those not in breach.
16.5 Covenant of Good Faith and Fair Dealina. No party shall do anything
which shall have the intentional effect of harming or injuring the right of the other parties
to receive the benefits provided for in this Agreement; each party shall refrain from
doing anything intentionally which would render its performance under this Agreement
impossible; and each party shall do everything which this Agreement contemplates that
such party shall do in order to accomplish the objectives and purposes of this
Agreement.
16.6 No Waiver of Vestina. Nothing in this Agreement shall be construed as
limiting or impairing any vested rights to proceed with the Development or use of the
Property arising independently from entitlements, including those approved for the
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Project, issued by the CITY or others prior to, concurrently with, or subsequent to the
approval of this Agreement, Federal and State Constitutions, statutes, or decisional law.
16.7 Time of Essence. Time is of the essence regarding each provision of this
Agreement of which time is an element.
16.8 Recitals. All Recitals set forth herein are incorporated in this Agreement
as though fully set forth herein.
16.9 Entire AQreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and the Agreement
supersedes all previous negotiations, discussion and agreements between the parties,
and no parol evidence of any prior or other agreement shall be permitted to contradict or
vary the terms hereof.
17. Extension of Maps. In accordance with Government Code Section 66452.6(a),
any tentative map which relates to all or a portion of the Property shall be extended for
the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map
pursuant to Section 66452.6.
18. Not for Benefit of Third Parties. This Agreement and all provisions hereof are
for the exclusive benefit of the CITY and OWNER and its assignees pursuant to Section
2.5 and shall not be construed to benefit or be enforceable by any third party.
19. Attachments. The following attachments are hereby incorporated by reference
as if fully set out in the body of this Agreement.
Attachments Description
1 Legal Description of the OWNER Property
2 Project Actions and Approvals
20. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year dated below.
Dated:
,2005
"CITY"
CITY OF TEMECULA, a municipal
corporation
By:
Name:
Title: Mayor
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ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
,2005
11086-0092\818544v Ldoc
"OWNER"
,a
By:
Name:
Title:
26
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State of California )
) ss
County of Riverside )
On before me, , personally
appeared , personally known to me or proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Signature of Notary
State of California )
) ss
County of Riverside )
On before me, , personally
appeared , personally known to me or proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Signature of Notary
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11086-0092\818544v1.doc
ATTACHMENT "1"
(Legal Description of the Property)
1-1
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11086-0092\818544v1.doc
ATTACHMENT "2"
(Project Actions and Approvals)
2-1
4/20/05
TABLE OF CONTENTS
PAGE
1 . Definitions. ............................................................................................................ 3
2. General Provisions................................................................................................5
2.1 Binding Covenants ......................................... ............................................5
2.2 Interest of OWNER..................................................................................... 6
2.3 Term...........................................................................................................6
2.4 Termination. ...............................................................................................6
2.5 Transfers and Assignments.. ..........................,......................... ........ ....... ...6
3. Development Provisions. ...................................................................................... 8
3.1 Vesting. ...........................................,.......................................................... 8
3.2 Reserved Authority. ..................................................................................11
3.3 Further Assurances to OWNER Regarding Exercise of
Reserved Authority ...................................................................................12
3.4 Consistent and Inconsistent Enactments.................................................. 12
3.5 Amendment of Development Agreement..................................................13
3.6 Future Amendments to Development Plan Approval(s) ...........................14
3.7 Future Development Approvals. ...............................................................15
4. Obligations of the Parties. ...................................................................................15
4.1 Benefits to CITY .......................................................................................15
4.2 Development Fees. ..................................................................................16
4.3 Related Real Property Conveyances; Conditions to
Development Agreement.......................................................................... 16
5. Indemnification............... ............. ......... ................ .....,..... ....... .......... .................. .17
6. Relationship of Parties ........................................................................................17
7. Periodic Review of Compliance with Agreement.................................................17
7.1 Periodic Review........................................................................................17
7.2 Good Faith Compliance............................................................................17
7.3 Failure to Conduct Annual Review ...........................................................17
7.4 Initiation of Review by City Council ..........................................................17
7.5 Administration of Agreement ....................................................................18
7.6 Availability of Documents .........................................................................18
8. Events of Default: Remedies and Termination................................................... 18
8.1 Defaults by OWNER................................................................................. 18
8.2 Defaults by CITY ......................................................................................18
8.3 Specific Performance Remedy.................................................................19
8.4 Institution of Legal Action .........................................................................19
8.5 Estoppel Certificates ....... ......... ............ .............. ....... ..... ..........................20
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TABLE OF CONTENTS
(Continued)
Pal!e
9. Waivers and Delays. ...........................................................................................20
9.1 No Waiver................................................................................................. 20
9.2 Third Parties........................................................................................... ..21
9.3 Force Majeure........................................................................................ ..21
9.4 Extensions................................................................................................ 21
9.5 Notice of Delay........................................................................................ .21
10. Notices.............................................................................................................. ..21
11. Attorneys' Fees ...................................................................................................22
12. Recording......................................... ................................................................. ..22
13. Effect of Agreement on Title................................................................................22
13.1 Effect on Title ...........................................................................................22
13.2 Encumbrances and Lenders' Rights.........................................................22
14. Severability of Terms ..........................................................................................23
15. Subsequent Amendment to Authorizing Statute .................................................24
16. Rules of Construction and Miscellaneous Terms. ...............................................24
16.1 Interpretation and Governing Law............................................................24
16.2 Section Headings .....................................................................................24
16.3 Gender................................................................................................... ..24
16.4 No Joint and Several Liability ...................................................................24
16.5 Covenant of Good Faith and Fair Dealing ................................................24
16.6 No Waiver of Vesting................................................................................24
16.7 Time of Essence.....................:.............................................................. ...25
16.8 Recitals................................................................................................... ..25
16.9 Entire Agreement................................................................................... ..25
17. Extension of Maps............................................................................................... 25
18. Not for Benefit of Third Parties ............................................................................25
19. Attachments....................................................................................................... .25
20. Counterparts....................................................................................................... 25
I 1086-0092\8 I 8544v Ldoc
II
4/20105
ATTACHMENT NO.2
CITY COUNCIL ORDINANCE 05-_
(ZONE CHANGE)
R:\D P\2004\04-0582 Temecula Education Complex\Council Staff Report.doc
6
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING SECTIONS
17.22.210 THROUGH 17.22.218 INCLUDING THE PDO-10 TEXT AND
DEVELOPMENT STANDARDS FOR A SITE GENERALLY LOCATED
AT THE NORTHWEST CORNER OF DIAZ ROAD AND DENDY
PARKWAY, KNOWN AS ASSESSOR PARCEL NO. 909-370-002.
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, a Tentative Parcel Map for
the property consisting of approximately 40.0 acres generally located at the northwest corner of
Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002; and
WHEREAS, the applications for the Project were processed and an environmental
review was conducted as required by law, including the California Environmental Quality Act;
and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project and environmental review, at
which time the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to this matter; and
WHEREAS, foltowing consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning Commission
adopted Resolution No. 2005-29, recommending that the City Council approve a Zone Change
to amend the land use designation from Public Institutional (PI) to Planned Development
Overlay (PDO-10) and adopt Sections 17.22.210 through 17.22.218, including the PDO-10 text
and development standards for property generally located at the northwest corner of Diaz Road
and Dendy Parkway, known as Assessor Parcel No. 909-370-002; and
WHEREAS, on , 2005 the City Council of the City of Temecula held
a duly noticed public hearing on the Project at which time all persons interested in the Project
had the opportunity and did address the City Council on these matters; and
WHEREAS, at the conclusion of the City Council hearing and after due consideration of
the testimony, the City Council approved the Zone Change for the Project subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. The City Council, in approving the Zone Change proposed in Planning
Application PA04-0582, hereby makes the following findings:
R:\D P\2004\04.0582 Temecula Education Complex\PDO\Dratt PC ZC RESOLUTION. doc
4
A. The proposed Zone Change conforms to the General Plan and the proposed
uses are in conformance with the goats, policies, programs and guidelines of the elements of
the General Plan. The proposed Zone Change allows for a diversity of uses desired in the
General plan and will create a balanced community with additionat educational and housing
opportunities available to the community.
Section 3. Environmental Comptiance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR
has been certified for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines that substantial changes are proposed or will occur, or that new
information of substantial importance is available. The proposed project substantially conforms
to the conceptual plans for the Temecula Education Complex Final EIR and no new information
of substantial importance regarding the environmental review of the project has arisen since the
EIR was approved. Therefore, the City Council finds that the proposed project is consistent with
the Final EIR for the Temecula Education Comptex.
Since the adoption of the Final EIR, the Riverside County Multipte Species Habitat Conservation
Plan (MSHCP) has gone Into effect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit.
Section 4. The City of Temecula City Council hereby approves the Zone Change
proposed in Planning Application PA04-0582 to amend the Zoning Map (Exhibit A) of the City of
Temecula from Pubtic Institutionai (PI) to Planned Development Overlay (PDO-10) and to adopt
sections 17.22.210 through 17.22.218 including the PDO-10 text and development standards
(Exhibit B) for a site generatly located at the northwest corner of Diaz Road and Dendy
Parkway, known as Assessor Parcel No. 909-370-002, in the form attached to this Ordinance as
Exhibit B.
Section 5. Severabilitv. If any sentence, ciause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction
shalt hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shalt not affect the validity of the remaining parts of this Ordinance.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 8. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
_ day of _, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the _ day of , 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the _
day of , 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
R:\D P\2004\04-0582 Temecula Education ComplexlPDO\Drah PC ZC RESOLUTION.doc
8
EXHIBIT A
ZONING MAP
R:\D P\2004\04-0582 Temecula Education Complex\PDO\Draft PC ZC RESOLUTION. doc
7
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EXHIBIT B
TEMECULA EDUCATION CENTER PDO-10
R:\D P\2004\04-0582 Temecula Education Complex\PDO\Dratt PC ZC RESOLUTION. doc
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Temecula Education Center Planned Development Overlay District
17.22.210
TITLE
Sections 17.22.210 through 17.22.218 shall be known as "PDO-10" (Temecula Education
Center Planned Development Overlay District).
17.22.212
PURPOSE AND INTENT
The Temecula Education Center (TEC) planned development overlay district (PDO-10) is
intended to provide regulations for the safe and efficient operation, and creative design of a
unique commercial area within the city. The area is unique in its tocation and mix of proposed
uses. This special overtay zoning district regulation is intended to permit a range of higher
educational uses, along with high density residential both for sale and for rent, and a range of
neighborhood and project serving commercial uses. Supplemental performance standards
have also been provided to ensure compatibility with the adjacent neighborhoods and to protect
adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentialty
objectionable impacts. It is the intent of the city to use these special regulations to supplement
the regulations of tand uses and development already existing within the adopted development
code.
17.22.214
RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN
GUIDELINES
A.
The list of permitted, conditionally permitted, and prohibited uses for the
Temecula Education Center planned development overlay district is contained in
Table 17.22.216.
B.
Except as modified by the provisions of Section 17.22.218, the following rules
and regutations shatl apply to all planning apptications in this area:
1. The devetopment standards in the development code that would apply to
any development within the public/institutional zoning district that are in
effect at the time an application is deemed comptete;
2. The approval requirements contained in the development code that are in
effect at the time an application are deemed complete;
3. Any other relevant rule, regulation or standard that is in effect at the time
an application is deemed complete.
17.22.216
USE REGULATIONS
The list of permitted land uses for the Temecula Education Center planned development overlay
district is contained in Table 17.22.216. Where indicated with a letter "P" the use shall be a
permitted use. A letter "C" indicates the use shall be conditionally permitted subject to the
approval of a conditional use permit. Any use not specifically listed may be determined to be
permitted or conditionally permitted at the discretion of the Planning Director.
Table 17.22.216.B
Schedule of Permitted Uses
Temecula Education Center
Planned Development Overlav District
Description of Use PDO-10
A
Adult Continuinq Education (Public and Private) P
Aerobics/dance/qymnastics/iazzercise/martial arts studios P
Alcoholic beveraqe sales (in association with a restaurant) C'
Animal hosoital (indoor onlv) C
Aooarel and accessory shoos P
Arcades (pinball and video oames) P
Art qallerv P
Art supplv stores P
Auditoriums and conference facilities P
B
Bakerv retail P
Banks and financial institutions P
Barber and beautv shoos P
Bicycle (sales, rentals, services) P
Billiard parlor/pool hall C
Blueprint and duplicatinq and copv services P
Bookstores P
C
Camera shop (sales/minor reoairs) P
Candy/confectionerv sales P
Caterinq services C
Churches, temples, reliaious institutions C
Clothina sales P
Coins, purchase and sales P
Colleges and universities (Private and Public) P
Communications and microwave installations p2
Community health clinics P
Computer sales and service P
Convenience market P
Costume rentals P
D
Data processina eauipment and svstems P
Day care centers P
Dav care health center P
Delicatessen P
Dry cieaners P
E
Reserved
F
Financial, insurance, real estate offices P
Fire and police stations (Storefront only) P
Florist shop P
Fortune tellina, spiritualism, or similar activitv P
G
Garaaes, public parkina P
General merchandise/retail store less than 10,000 sq. ft. P
H
Health and exercise clubs p
Heatth care facility P
Health food store p
Helipad or heliport C
Hobby supply shop P
I
Ice cream parlor P
J
Reserved
K
Reserved
L
Laboratories, film, medical, research or testinq centers P
Laundromat p
Libraries, museums and qalleries (private) P
Library P
M
Museum P
Musical and recordinq studio P
N
Reserved
0
Office equipment/supplies, sales/service P
Offices, professional services including, but not limited to, business P
law, medical, dental, veterinarian, chiropractic, architectural,
enqineerinq, real estate, insurance (less than 10,000 SF)
p
Parcel deliverv services (Retail) P
Parkinq lots and parkinq structures P
Performing arts, theaters and places of oublic assemblv P
Personal service shoos P
Photoqraphic studio P
Postal services P
Printing and publishing (newspapers, oeriodicats, books, etc.l -
Private utilitv facilities (reaulated bv the Public Utilities Commission) P
Q
Reserved
R
Radio and broadcastina studios, offices P
Recyclinq collection facilities C
Reliqious facilities P
Religious institution, with a dav care P
Reliaious institution, with a private school C
Reliqious institution, without a dav care or private school C
Residentiat, multiple-family housina P
Residentiatnsenior housina C
Restaurants and other eating establishments P
Restaurants with lounqe or live entertainment C
s
Schools, business and rofessional
P
P
Scientific research and develo ment offices and laboratories
P
Senior citizen housin see also con
C
C
S arts and recreational facilities
T
Tailor sho
P
Tile sales
P
Trade or vocational schools
P
u
Reserved
v
Reserved
w
Watch re air
P
y
Reserved
z
Reserved
1. The CUP witl be subject to Section 17.1 0.020(B), special standards for the sale of
alcoholic beverages.
2. Subject to citywide antenna standards.
17.22.218
A.
SUPPLEMENTAL DESIGN AND SETBACK STANDARDS
In addition to the standard setback of the Public Institutional Zone contained in
Chapter 17.12, the following special provisions will be allowed:
Minimum lot size
Other than condominium develo
Minimum lot width
Other than condominium develo
Minimum lot depth
Other than condominium develo
Maximum lot coverage
Other than condominium develo
Floor area ratio a
Setbacks:
7,000 sq. ft.
50ft.
100ft.
50%
2.0
Yards ad'acent to Public Streets 20 ft.
lines 0 ft.
Minimum landsca
Residential 50 feet
Retail Uses 40 feet
Educational Uses 100 feet
25%
Hei ht of Fences, Hed es and Walls
Within street side setback areas other 8 feet
than corner visibilit areas
Within corner visibilit areas 3 feet
a. Due to the type of lots created for this development, the allowable
Floor Area Ratio is higher than typically allowed. The building
sites that would have this ratio do not have on-site parking within
the property lines, thus the density of development on the
individual lot is artificiatly higher than a site that includes its own
parking.
B. In addition to the standard requirements for Parking Facility Layout and
Dimensions contained in Chapter 17.24.050.3 and 4, the following special
landscape provisions will be altowed: .
In lieu of landscape planter fingers between the parking spaces, a continuous
planter at the head of the parking row is allowed. These planters shall have an
inside dimension width of five feet and shatl have a tength equal to the width of
the adjoining parking spaces. It is the intent of this layout to provide a continuous
row of trees to screen the views across the open parking areas. At a minimum,
the required number of trees will be maintained.
C. In lieu of the maximum density allowed within the H residential District, the
density allowed for the residential portions of the Temecuta Education Center
planned development overlay district is 27 DU per acre.
D. Due to the unique nature of this education project, the use of turf within the
common areas of the commercial portions of the project is a benefit to the
campus nature of the plan. Therefore, in addition to the requirements in Section
17.12.060. the quantity of turf areas will be allowed to exceed the typical
quantities inferred in the requirements and standards for the commercial
common areas only including the Amphitheater.
E. In lieu of the standard requirements for Private Open Space Per Unit, contained
in Chapter 17.06.040, the following private open space areas will be allowed per
unit type';
MIN. DECK SO % OF UNIT
UNIT NUMBER UNIT SO FT FT2 SIZE
10 611 72 12%
11 669 118 18%
12 667 93 14%
13 542 89 16%
14 586 95 16%
15 616 95 15%
16 722 70 10%
17 753 192 25%
18 651 90 14%
20 816 101 12%
21 798 88 11%
22 981 61 6%
23 1021 93 9%
24 1045 129 12%
25 987 142 14%
26 1265 129 10%
27 1282 129 10%
30 1458 90 6%
31 1509 90 6%
1. In addition to these Private Open Spaces, Public
Open Spaces are located within the buildings
that are usable by all residents. These facilities
are in addition to the recreation facilities on site.
2. Due to various locations of particular units within
the buildings, the areas shown are minimums.
Some of the locations will have targer deck/patio
areas.
ATTACHMENT NO.3
CITY COUNCIL RESOLUTION'05-_
(DEVELOPMENT PLAN)
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA04-
0582, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A
170,863 SQUARE FOOT EDUCATION COMPLEX, A 18,792
SQUARE FOOT RESEARCH AND DEVELOPMENT BUILDING
WITH A CONFERENCE CENTER, A PAD FOR A 16,000 SQUARE
FOOT DAY CARE FACILITY, RETAIL SPACE TOTALING 60,863
SQUARE FEET, A THREE-STORY PARKING STRUCTURE WITH
502 PARKING SPACES, AND 288 APARTMENT UNITS
COMPRISING 337,098 SQUARE FEET, FOR A TOTAL OF 603,616
SQUARE FEET ON 40.0 ACRES," LOCATED AT THE
NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY,
KNOWN AS ASSESSOR PARCEL NOS. 909-370-002 AND 909-
120-019.
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application No.
PA04-0582 (Development Plan), in a manner in accordance with the City of Temecula General ptan
and Development Code; and
WHEREAS, the Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law; and
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
May 4, 2005, 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 in opposition to this
matter; and
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 2005-30,
recommending the City Council approval of a Devetopment Agreement; Resolution No. 2005-29,
recommending the City Council approval of a Zone Change; Resolution No. 2005-28,
recommending City Council approval of a Development Plan; and Resolution No. 2005-25,
recommending City Council approval of a Tentative Parcel Map, subject to and based upon the
findings set forth hereunder; and
WHEREAS, on , 2005, the City Council held a duly noticed public hearing
on the Project at which time all persons interested in the Project had an opportunity to and did testify
either in support or in opposition to this matter; and
WHEREAS, at the conclusion of the City Council hearing and after due consideration of the
testimony, the City Council approved the Development Plan for the Project subject to and based
upon the findings set forth hereunder;
WHEREAS, atllegal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
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Section 1. That the above recitations are true and correct and are hereby incorporated by
reference.
Section 2. Findinqs. The City Council, in approving Planning Application PA04-0582
(Development Plan) hereby makes the following findings as required by Section 17.05.01 O.F of the
Temecula Municipal Code:
A. The proposed use is in conformance with the General ptan for Temecula and with all
applicable requirements of state law and other ordinances of the City.
The proposal is consistent with the land use designation and policies reflected for Public and
Institutional Facilities (PI) development in the City of Temecula General Plan and with all
applicable requirements of state law and other ordinances of the City. As designed and
conditioned, it has been determined that the project is consistent with all applicable zoning
ordinances, state law and the General Plan.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
The proposed architecture and site layout for the project has been reviewed by the Building
Department, Fire Prevention Bureau, and Public Works. The proposed project has met
performance standards in regards to circulation, architectural design, and site plan design.
The project has been reviewed for, and as conditioned, has been found to be consistent with
all applicable policies, guidelines, standards and regulations intended to ensure that the
development will be constructed and function in a manner consistent with the public health,
safety and welfare.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
substantial importance is available. The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the City Council finds that the proposed project is consistent with the Final
EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into effect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. The City of Temecula City Council hereby approves Planning
Application No. PA04-0582 (Development Plan) for the construction of a 170,863 square foot
education complex, a 18,792 square foot research and development building with a conference
center, a pad for a 16,000 square foot day care facility, retail space totaling 60,863 square feet, a
three-story parking structure with 502 parking spaces, and 288 apartment units comprising 337,098
square feet, for a total of 603,616 square feet on 40.0 acres located at the northwest corner of Diaz
Road and Dendy Parkway, known as Assessor Parcel Nos. 909-370-002 and 909-120-019, with
conditions of approval as set forth on Exhibits A and B, attached hereto, and incorporated herein by
this reference as though set forth in full.
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Section 5. The City Clerk shalt certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this
th day of
,2005
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resotution No. 05-_ was duly and regularly adopted by the City Council of the City ofTemecula
at a regular meeting held on the th day of ,2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\D P\2004\04-0582 Temecula Education Complex\Draft Raso & COAs - DP.doc
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
DEVELOPMENT PLAN
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA04-0582 (Development Plan)
Project Description:
A Development Plan for the construction of a 170,863
square foot education complex, a 18,792 square foot
research and development building with a conference
center, a pad for a 16,000 square foot day care facility,
retail space totaling 60,863 square feet, a three-story
parking structure with 502 parking spaces, and 288
apartment units comprising 337,098 square feet, for a
total of 603,616 square feet on 40.0 acres located at the
northwest corner of Diaz Road and Dendy Parkway.
Assessor's Parcel No.:
909-370-002 & 909-120-019
MSHCP Category:
Per Development Agreement
DIF Category:
TUMF Category:
Per Development Agreement
Per Development Agreement
Approval Date:
,2005
Expiration Date:
,2007
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site plan all existing
and proposed property lines, easements, traveled ways, improvement constraints and drainage
courses, and their omission may require the project to be resubmitted for further review and revision.
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00)
for the County administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding for the Mitigated or Negative Dectaration required under Public
Resources Code Section 211 08(b) and California Code of Regulations Section 15075. If
within said forty-eight (48) hour period the applicant/developer has not delivered to the
Planning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
2. The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
R:\D P\2004\04-0582 Temecula Education Complex\Draft Reso & COAs. DP.doc
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PRIOR TO ISSUANCE OF GRADING PERMITS
R:\D P\2004\04-0582 Temecula Education Complex\Draft Rasa & COAs - DP.doc
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PRIOR TO ISSUANCE OF GRADING PERMITS
Planning Department
3. Consistent with the Riverside County MSHCP, a Habitat Acquisition and Negotiation
Strategy (HANS) report shall be submitted. The applicant shall meet the requirements, if
any, of that report prior to issuance of a grading permit.
4. Double detector check valves shall be clustered with fire hydrants and Fire Department
Connections at the locations indicated on the Technical Site Plan. The double detector
check valve to be located at the project entry off Dendy Parkway, south of Buildings 8 and
9/10, shall be installed underground and shall be shown as such on the building construction
plans. All other double detector check valves shown on the Technical Site Plan may be
located either aboveground or underground.
5. A Water Supply Assessment shatl be prepared and submitted to the Planning Department
indicating the availability of water services to adequately supply water to the project.
6. Provide the Planning Department with a copy of the underground water plans and electrical
plans for verification of proper placement of transformer(s) and double detector check prior
to final agreement with the utility companies.
7. The applicant shall submit a photometric plan, including the parking lot to the Planning
Department, which meets the requirements of the Development Code and the Palomar
Lighting Ordinance. The parking lot light standards shall be ptaced in such a way as to not
adversely impact the growth potential of the parking lot trees.
8. Per the Mitigation Monitoring and Reporting Program forthe project, the project shall include
provision of an onsite mass transit facility or center. The facility shall be shall be designed in
consultation with the Riverside Transit Authority and shall be subject to review and approval
by the Director of Planning. The appticant shall coordinate the design of bus stop facilities
for the site with the Riverside Transit Agency and shall submit correspondence from the
Riverside Transit Agency indicating their concurrence with the design.
9. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have atready been paid.
10. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
11. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonabty appears to be evidence of culturat or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonabty necessary to allow the City to
consuit and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
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determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
12. The following shall be included in the Notes Section of the Grading Plan: "During excavation
and hill-side cutting activities, a qualified paleontological monitor will be present and will
have the authority to stop and redirect grading activities to evaluate the significance of any
paleontological resources exposed during the grading activity within the alignment. If
paleontological resources are encountered, adequate funding will be provided to collect,
curate, and report on these resources to ensure the values inherent in the resources are
adequately characterized and preserved."
13. The following shall be included in the Notes Section of the Grading Plan: "The deveioper
shatl retain an archaeological consuttant and tribal monitors to prepare and implement a plan
for an intensive data recovery operation by hand excavation, artifact analysis and report
preparation such that potentiat information can be salvaged prior to the start of site grading."
14. The following shall be included in the Notes Section of the Grading Plan: "Prior to initiating
site grading, the developer shatl imptement a mitigation plan for cultural resources. The
scope and extent of the mitigation plan shall be determined by consultation between City
staff, Pechanga Band of Luiseiio Mission Indians representatives, and the archaeological
consultant for the project."
15. The following shall be included in the Notes Section of the Grading Plan: "Site grading shall
be monitored by a qualified archaeologist. Tribal monitors designated by the Pechanga
Band of Luiseiio Mission Indians shall also monitor site grading if required by the tribe. The
monitors shall have the authority to halt and relocate construction activities if subsurface
resources are encountered. Pechanga Tribal monitors will be allowed to monitor all
archaeological surveys, tests and studies. The results of the surveys, tests, and/or studies
witl be utitized to define what areas may require avoidance on the site and the specifics of
how any recovered artifacts shall be managed with the Tribe, as mutually agreed upon by
the City and its technical staff."
16. The following shall be included in the Notes Section of the Grading Plan: "Prior to issuance
of a grading permit, the project developer shall enter into an Agreement with the Pechanga
Band of Luiseiio Mission Indians that addresses the treatment and disposition of all cultural
resources and human remains that may be impacted as a result of this development."
Public Works Department
17. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic
calculations shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to the issuance of any permit.
18. A permit from Riverside County Flood Control and Water Conservation District is required for
work within their right-of-way.
19. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
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20. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
21. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
22. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to
the Department of Public Works with the initial grading plan check. The report shall address
special study zones and the geological conditions of the site, and shall provide
recommendations to mitigate the impact of ground shaking and liquefaction.
23. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site. The study shall identify all existing or proposed public or private
drainage facilities intended to discharge this runoff. The study shall also analyze and identify
impacts to downstream properties and provide specific recommendations to protect the
properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities,
including acquisition of drainage or access easements necessary to make required
improvements, shall be provided by the Developer.
24. NPDES - The project proponent shall implement construction-phase and post-construction
pollution prevention measures consistent with the State Water Resources Control Board
(SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures
shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion
& Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control,
and the SWRCB General Permit for Construction Activities. Post-construction measures
shall be required of all Priority Development Projects as listed in the City's NPDES permit.
Priority Development Projects will include a combination of structurat and non-structural
onsite source and treatment control BMPs to prevent contaminants from commingling with
stormwater and treat all unfiltered runoff year-round prior to entering a storm drain.
Construction-phase and post-construction BMPs shall be designed and included into plans
for submittal to, and subject to the approval of, the City Engineer prior to issuance of a
Grading Permit. The project proponent shall also provide proof of a mechanism to ensure
ongoing long-term maintenance of all structural post-construction BMPs.
25. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the fotlowing agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
26. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
27. Perman~nt landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
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28. The Developer shatl obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as directed by the Department of Public Works.
29. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
30. The site is in an area identified on the Fiood Insurance Rate Map as Flood Zone AE. This
project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may
include obtaining a Letter of Map Revision from FEMA. A Ftood Plain Development Permit
shall be submitted to the Department of Public Works for review and approval.
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PRIOR TO ISSUANCE OF A BUILDING PERMIT
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PRIOR TO ISSUANCE OF A BUILDING PERMIT
Prior to the issuance of any building permit, the Developer shall design the following features into
the approved construction plans, or submit the appropriate information as required below. ptans
shall be reviewed and approved by the City of Temecula prior to issuance of a building permit.
Planning Department
31. An outdoor lighting plan indicating the location and design of all outdoor lighting on the site
shall be approved by the Director of Planning. Final construction plans shall provide details
of all outdoor light fixtures, including decorative entry lighting, parking lot lighting, and wall
mounted lighting. Support structures and footings for parking lot lighting shall not encroach
into the required parking stall area of 9 feet by 18 feet.
32. The final construction plans shall include a photometric plan showing foot-candle illumination
in the parking tot, driveways, drive aisles, pedestrian paths of travel, building entrances, and
at property lines. A minimum of one-foot-candle illumination shall be maintained throughout
the site and a minimum of two foot-candle illumination shall be provided at primary building
entrances.
33. Building plans shall indicate decorative lighting fixtures at the primary entries of each
buiiding, subject to the approval of the Director of Planning. Details of all exterior light
fixtures, including decorative entry lighting and wall mounted iighting, shall be provided on
the building plans.
34. Building plans shall indicate window frame materials and colors for all non-residential
buildings, subject to the approvat of the Director of Planning.
35. An outdoor furniture ptan showing details of atl outdoor furniture shall be approved by the
Director of Planning. Outdoor furniture shall be decorative and of high quality appearance.
36. The final construction plans shall indicate the inclusion of motorcycle parking spaces
consistent with Section 17.24.040.G.
37. The final construction plans shall indicate the installation of 34 bicycle parking facilities or
one bicycle space for every 20 vehicle spaces required for commercial uses.
38. The applicant shall submit a sign program application, sign program application fees, and a
comprehensive sign program for review and approval by the Planning Commission prior to
issuance of a building permit. All signage shall comply with the approved sign program.
39. Design details shall be reviewed and approved by the Director of Planning for the water
feature to be located at the south elevation of Building 3.
40. Planter areas shall be added to the north and west elevations of the parking structure and
hanging plants shall be installed at these elevations, subject to review and approval by the
Director of Planning.
41. A minimum of one broad canopy type tree shall be provided per every four (4) parking
spaces. The tree shall be provided in close proximity to the parking spaces it is to shade.
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42. Colors and materials for all on-site fences and walls shall be reviewed and approved by the
Director of Planning.
43. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. Provide a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. Provide 20% 36-inch box, 30% 24-inch box, and 50% 15 gallon tree sizes or larger.
d. Provide the locations, numbers, genus, species, and container sizes for all shrubs
and ground covers, subject to approval by the Director of Planning.
e. Provide landscaped berms along parking areas located adjacent to public streets to
provide screening of the parking areas.
f. Provide design detaits for the water feature to be located at the south elevation of
Building 3.
g. Provide color and finish details for all decorative hardscape throughout the project
site. Decorative hardscape shall be provided at all primary building entrances and
outdoor gathering areas.
h. Provide an agronomic soils report with the construction landscape plans.
i. One (1) copy of the approved grading plan.
j. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
k. Totat cost estimate of plantings and irrigation (in accordance with approved plan).
I. A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of atl proposed plant materials to assure proper growth and
landscape development for the tong-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shatl be responsible to carry out the detailed program.
m. Include the following note on the landscape construction plans: "Areas proposed for
development in another phase occurring not within six months of the completion of
the previous phase shall be temporarily seeded and irrigated for dust and soil
erosion controL"
44. All utilities shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire
check detectors as required by the Fire Department before starting the screen. Group
utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-
thought. Plan planting beds and design around utilities. Locate all light poles on plans and
insure that there are no conflicts with trees.
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45. Building plans shall indicate that all roof hatches shall be painted "International Orange".
46. The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall
be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a
contrasting background. The address shall be oriented to the street and placed as closely
as possible to the edge of the building closest to the street.
47. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic cotor prints of the approved Color and Materiats Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
Public Works Department
48. Improvement plans and/or precise grading plans shall conform to applicable City of
Temecula Standards subject to approval by the Director of the Department of Public Works.
The fotlowing design criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Driveways shall conform to the applicabte City of Temecula Standard No. 207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 801,802 and 803.
d. Concrete sidewalks and ramps shatl be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400. 401 and 402.
e. Improvement plans shall extend 300 feet beyond the project boundaries.
f. Minimum centertine radii shall be in accordance with City of Temecula's Standard
No. 113.
g. All reverse curves shall include a 100 foot minimum tangent section.
h. All street and driveway centerline intersections shall be at 90 degrees.
i. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flowline grades.
j. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
49. The Developer shall construct the following public improvements to City of Temecula
General Plan standards unless otherwise noted. Plans shall be reviewed and approved by
the Director of the Department of Public Works:
a.. Improve Diaz Road (Major Highway Standards - 100' RIW) to include dedication of
full-width street right-of-way, installation of full-width street improvements, paving,
curb and gutter, sidewalk, street lights, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer), raised landscaped median.
The Developer may apply for a Devetopment Impact Fee reduction for on-half of the
raised landscaped median and 19' of pavement inctuding curb and gutter.
b. Improve Dendy Parkway (Major Highway Standards - 100' R1W) to include dedication
of half-width street right-of-way, installation of half-width street improvements,
paving, curb and gutter, sidewatk, street lights, drainage facilities, signing and
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striping, utilities (including but not limited to water and sewer), raised landscaped
median.
c. Dedicate 44' half-width street right-of-way on Cherry Street. Improve a 24' wide
private street within this right-of-way.
50. All street improvement design shall provide adequate right-of-way and pavement transitions
per Caltrans' standards for transition to existing street sections.
51. The Developer shall construct the following public improvements in conformance with
applicable City Standards and subject to approval by the Director of the Department of
Public Works.
a. Street improvements, which may include, but not limited to: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic
signal systems, and other traffic control devices as appropriate.
b. Storm drain facilities
c. Sewer and domestic water systems
d. Under grounding of proposed utility distribution lines
52. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
53. Bus bays wiil be designed at all existing and proposed bus stops as directed by Riverside
Transit Agency and approved by the Department of Public Works.
54. All access rights, easements for sidewalks for public uses shall be submitted and reviewed
by the Director of the Department of Public Works and City Attorney and approved by City
Council for dedication to the City where sidewalks meander through private property.
55. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading ptan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
56. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06 as may be due and payable by the Development
Agreement.
57. The Developer shall record a written offer to participate in, and waive all rights to object to
the formation of an Assessment District, a Community Facilities District, or a Bridge and
Major Thoroughfare Fee District for the construction of the proposed Western Bypass
Corridor in accordance with the General Plan. The form of the offer shall be subject to the
approval of the City Engineer and City Attorney.
58. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the T emecula Municipal Code and all Resolutions implementing Chapter 15.08 as may be
due and payable by the Development Agreement.
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Building & Safety Department
59. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
Catifornia Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipat Code. (Please note the code editions are subject
to change and plans shall be in conformance with the codes that are in effect at the time
plans are submitted for review)
60. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
March 31, 2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee
schedule in effect at the time of building permit issuance as may be due and payable by the
Development Agreement.
61. At time of plan review, submit complete exterior site lighting plans showing compliance with
Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shalt be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
62. A receipt or clearance letter from the T emecula Valley School District shall be submitted to
the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
63. Obtain all building plans and permit approvals prior to commencement of any construction
work.
64. Obtain street addressing for all proposed buildings prior to submittal for plan review.
65. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
66. Provide disabled access from the public way to the main entrance of the building.
67. Provide van accessible parking located as close as possibte to the main entry.
68. A sound transmission controt study shatl be prepared and submitted at time of plan review in
accordance with the provisions of Appendix Chapter 12, Section 1208A. of the 2001 edition
of the California Building Code. (For residential units within the development)
69. Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
70. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
71. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
72. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical ptan for plan review.
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73. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
74. Provide precise grading plan at ptan check submittal to check accessibility for persons with
disabilities.
75. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
76. Show all building setbacks.
77. Signage shall be posted conspicuously atthe entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecuta Ordinance No. 94-21,
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
Fire Prevention Bureau
78. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
79. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 3000 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a
total fire flow of 3850 GPM with a 2 hour duration. The required fire flow may be adjusted
during the approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given
above has taken into account alt information as provided. (CFC 903.2, Appendix III-A)
80. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum of 1 hydrants, in a combination of on-site and
off-site (6" x 4" x 2-21/2" outlets) on a looped system shall be located on fire access roads
and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each
intersection and shall be located no more than 250 feet from any point on the street or Fire
Department access road(s) frontage to a hydrant. The required fire flow shall be available
from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be
required. (CFC 903.2, 903.4.2, and Appendix III-B).
81. As required by the California Fire Code. when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2)
82. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
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are installed. Temporary Fire Department access roads shall be an atl weather surface for
80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2)
83. Prior to building construction, driveways, dead end road ways and streets in excess of one
hundred and fifty (150) feet shall have a turnaround capable of accommodating fire
apparatus. (CFC 902.2.2.4)
84. Prior to building permit issuance, a full technical report may be required to be submitted and
to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life
safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C
Community Services Department
85. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
86. Prior to the first building permit or installation of additional street lighting which ever occurs
first, the devetoper shall complete the TCSD application process, submit an approved
Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street
lighting into the TCSD maintenance program.
87. TCSD shall review and approve the location, size and design of the trash enclosures.
88. The developer shall satisfy the City's park land dedication (Quimby) requirement through the
payment of in-lieu fees equivalent to 2.62 acres of park land, based upon the City's then
current land evaluation. Said requirement includes a 25% credit for private recreational
opportunities provided on-site and based on 288 residential units. The in-lieu fee shall be
pro-rated at a per-dwelling unit cost prior to the issuance of each residential building permit
requested.
89. The landscape construction drawings for the landscaped medians on Diaz Road and Dendy
Parkway shalt be reviewed and approved by the Director of Community Services.
90. The developer shall post security and enter into an agreement to install the landscaped
medians.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY, OR ANY USE ALLOWED BY
THIS PERMIT
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY, OR ANY USE ALLOWED BY
THIS PERMIT
Planning Department
91. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all loading areas and roof mounted mechanical equipment from
view of public right-of-ways. If upon final inspection it is determined that any mechanical
equipment, roof equipment or backs of building parapet walls are visible from any portion of
the public right-of-way adjacent to the project site, the devetoper shall provide screening by
constructing a sloping tile covered mansard roof element or other screening if reviewed and
approved by the Director of Ptanning.
92. All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
93. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved construction
landscape and irrigation plan shall be fited with the Planning Department for a period of one
year from final certificate of occupancy. After that year, if the landscaping and irrigation
system have been maintained in a condition satisfactory to the Director of Planning, the
bond shall be released upon request by the applicant.
94. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shalt be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing
placards or license plates issued for persons with disabilities may be towed away at owner's
expense. Towed vehicles may be reclaimed by telephoning 951-696-3000."
95. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3
square feet in size.
96. All site improvements including but not limited to parking areas and striping shall be installed
prior to occupancy or any use allowed by this perrnit.
97. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
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Public Works Department
98. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
99. Corner property line cut off shall be required per Riverside County Standard No. 805.
100. All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
101. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention Bureau
102. Prior to building final, all locations where structures are to be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access roads shall be an ail
weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet.
(CFC sec 902)
103. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
104. The gradient for fire apparatus access roads shalt not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
105. Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
106. Prior to issuance of buitding permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being ptaced on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 24 1-4.1)
107. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant tocations. (CFC 901.4.3)
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108. Prior to issuance of a Certificate of Occupancy or building finat, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be of a
contrasting color to their background. Commercial, multi-family residential and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall gave a minimum of six (6) inch high tetters and/or
numbers on both the front and rear doors. Single family residences and multi-famiiy
residential units shall have four (4) inch letters and lor numbers, as approved by the Fire
Prevention Bureau. (CFC 901.4.4)
109. Prior to issuance of a Certificate of Occupancy or building final, a directory display
monument sign shall be required for apartment, condominium, townhouse or mobile home
parks or other "campus" type projects. Each complex shatl have an illuminated
diagrammatic layout of the complex which indicates the name of the complex, all streets,
building identification, unit numbers, and fire hydrant locations within the complex. Location
of the sign and design specifications shall be submitted to and be approved by the Fire
Prevention Bureau prior to installation.
110. Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system.
Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to
instaltation. Sprinkler systems shall conform to NFPA standard 13 unless authorized
otherwise by the fire chief. (CFC Article 10, CBC Chapter 9)
111. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm
system monitored by an approved Underwriters Laboratory listed central station. Plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. Alarm systems
shall work independently at each buitding, and report offsite as approved by the fire chief.
(CFC Article 10)
112. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located
to the right side of the fire sprinkler riser door. (CFC 902.4)
113. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel. (CFC 902.4)
114. Prior to final inspection of any building, the applicant shall prepare and submit to' the Fire
Department for approval, a site ptan designating Fire Lanes with appropriate tane painting
and or signs.
115. Prior to issuance of a Certificate of Occupancy or building finat a 'simple plot plan and a
simple floor plan, each as an etectronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Atternative file formats may be acceptable, contact fire prevention
for approval.
Community Services Department
116. The landscaped medians on Diaz Road and Dendy Parkway shall be completed, and the 90-
day maintenance period shall have commenced.
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Police Department
117. Upon completion of construction, the buildings shalt have a monitored alarm system installed
and monitored 24-hours a day by a designated private alarm company, to notify the
Temecula Police Department of any intrusion. Ail multi-tenant offices/ suites/ businesses
located within a specific building should have their own alarm system.
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GENERAL REQUIREMENTS
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GENERAL REQUIREMENTS
Planning Department
118. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentatity thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officiats, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
119. The permittee shall obtain City approval for any modifications or revisions to the approvat of
this development plan.
120. The applicant shall comply with the attached Mitigation Monitoring Program for the Temecula
Education Complex Final Environmental tmpact Report (Exhibit B).
121. This approval shall be used within two (2) years of the approval date; otherwise, it shatl
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
122. The Director of Planning may, upon an application being filed within thirty days prior to
expiration, and for good cause, grant a time extension of up to three one-year extensions of
time, one year at a time.
123. If the applicant proposes to phase development, a phasing plan shall be submitted for
review and approval by the Director of Planning.
124. A separate building permit shall be required for atl signage.
125. Trash enclosures shall be provided to house all trash receptacles utitized on the site.
126. All downspouts shalt be internalized. At the Developer's option, external downspouts may
be utilized within the courtyard area of the residential portion of the project.
127. The development of the premises shall subs1antially conform to the approved site plan and
elevations contained on file with the Planning Department.
128. The conditions of approval specified in this resolution, to the extent specific items, materials,
equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied
by staffs prior approval of the use or utiliza1ion of an item, material, equipment, finish or
technique that City staff determines to be the substantial equivalen1 of that required by the
condition of approval. Staff may elect to reject the request to substitute, in which case the
R:\D P\2004\04-0582 Temecula Education Complex\Draft Resa & COAs - DP.doc
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real party in interest may appeal, after payment of the regular cost of an appeal, the decision
to the Planning Commission for its decision.
Material
Buildinq 2/3/4 (Education Complex)
Metal faced siding - elevator tower body
Metal faced siding - window canopies
Precast Concrete - end walls
Stone Tile - Wall at primary entry
Glazing
Buildinq 7 & Buildinq 8 (Retail)
Stucco or EFIS - main body
Stucco or EFIS - canopy & columns
Stucco or EFIS - canopy column accents
Stucco or EFIS - canopy accent
Metal Roofing
Glazing
Buildinq 9/10 (Retail & Apartments)
Stucco or EFIS - main body
Stucco or EFIS - accents
Stucco or EFtS - canopy & columns
Stucco or EFIS - canopy column accents
Stucco or EFIS - canopy accent
Metal Garage Doors
Window Frames (Apartments)
Metal Roofing
Glazing
Buildinq 11 A (Apartments)
Stucco or EFIS - main body
Color
Medium Bronze Metallic by Alpolic
Silver Metallic by Arcadia
Tan (Pacific Stone Design #45)
Crossville "Blue 12 12"
Blue-Green glass by LOF (visions & spandrel)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE6242 (Wells Gray)
AEP Span Aegean Copper
Blue-Green glass by LOF
Dunn Edwards DE6107 (Breakfast Biscuit)
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE5803 (Turbulent Sea)
Dunn Edwards DE6242 (Wells Gray)
White vinyl by Solar
Almond vinyl by Solar
AEP Span Aegean Copper
Btue-Green glass by LOF (storefront)
Clear (apartments)
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6107 (Breakfast Biscuit)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE5802 (China Clay)
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Metal Window Canopies
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE6110 (Warm Hearth)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6243 (Union Springs)
AEP Span Aegean Copper
Clear anodized aluminum
Dunn Edwards DE6242 (Wells Gray)
White vinyl by Solar
Almond vinyl by Solar
AEP Span Aegean Copper
Clear
Stucco or EFIS - accents
Metal Garage Doors
Window Frames
Metal Roofing
Glazing
Buildinq 11 B (Apartments)
Stucco or EFIS - main body
Stucco or EFIS - accents
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6107 (Breakfast Biscuit)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE611 0 (Warm Hearth)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6242 (Wells Gray)
AEP Span Aegean Copper
Ctear anodized aluminum
Silver Metalic
Dunn Edwards DE6242 (Wells Gray)
White vinyl by Solar
Almond vinyl by Solar
AEP Span Aegean Copper
Clear
Metal Window Canopies
Metal Garage Doors
Window Frames
Metal Roofing
Glazing
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Buildinq 11 C (Apartments)
Stucco or EFIS - main body
Metal Window Canopies
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6107 (Breakfast Biscuit)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE5802 (China Ciay)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE611 0 (Warm Hearth)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE6241 (Lunar Landing)
AEP Span Aegean Copper
Clear anodized aluminum
Silver Metalic
Dunn Edwards DE6242 (Wells Gray)
White vinyl by Solar
Almond vinyl by Solar
AEP Span Aegean Copper
Clear
Stucco or EFIS - accents
Metal Garage Doors
Window Frames
Metal Roofing
Glazing
Buildinq 12 (R&D/Conference Center)
Stucco or EFIS - main body
Dunn Edwards DE5186 (Seciuded Canyon)
Dunn Edwards DE5803 (Turbulent Sea)
Medium Bronze Metallic
Tan (Pacific Stone Design #45)
Silver Metallic
AEP Span Aegean Copper
Clear
Metal Panels - main body
Precast Concret - main body
Metal Faced Canopy Panels
Metal Roofing
Glazing
Parkinq Structure
Concrete structure - exterior walls
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE6109 (Kraft Paper)
129. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the devetoper or any
successors in interest.
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130. Areas proposed for development in another phase occurring not within six months of the
completion of the previous phase shall be temporarily seeded and irrigated for dust and soil
erosion control.
Public Works Department
131. A Grading Permit for either rough and/or precise grading, including allan-site flat work and
improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
132. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
133. All improvement plans, grading plans, and raised tandscaped median plans shall be
coordinated for consistency with adjacent projects and existing improvements contiguous to
the site and shall be submitted on standard 24" x 36" City of Temecula mylars.
134. The vehicular movement at the northerly driveway on Dendy Parkway shall be restricted to
right out only.
Building & Safety Department
135. Trash enclosures, patio covers, tight standards, and any block walls if not on the approved
building plans, will require separate approvals and permits
Fire Prevention Bureau
136. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction. (CFC 8704.2 and 902.2.2)
Community Services Department
137. The trash enclosures shall be targe enough to accommodate a recycling bin, as well as,
regular solid waste container(s).
138. The devetoper shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
139. The Applicant shall comply with the Public Art Ordinance as may be due and payable by the
Development Agreement.
140. All parkways, landscaping, fencing, recreational amenities and on site lighting shall be
maintained by the property owner or maintenance association.
141. The Developer shall contact the Maintenance Superintendent for a pre-design meeting to
obtain TCSD design specifications for the tandscaped medians on Diaz Road and Dendy
Parkway.
142. Construction of the future TCSD maintained landscaped medians on Diaz Road and Dendy
Parkway shall commence pursuant to a pre-construction meeting with the developer and
TCSD Maintenance Superintendent. Failure to compty with the TCSD review and inspection
process may preclude acceptance of these areas into TCSD maintenance programs.
R:\D P\2004\04-0582 Temecula Education Complex\Draft Resa & COAs - DP.doc
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143. The developer, or the developer's successor or assignee, shall be responsible for the
maintenance of the landscaped medians until such time as those responsibilities are
accepted by TCSD or other responsible party.
Police Department
144. All exterior lighting surrounding the project site shoutd be energy-saving and minimized after
11 :00 p.m. to comply with the State of California Lighting Ordinance. Furthermore, all
exterior lighting must comply with the Mt. Palomar Lighting Requirements.
145. For commercial buildings, vandal resistant fixtures should be instatled above all exterior
doors. The doors shall be iltuminated with a minimum one (1) foot candle of light at ground
level, evenly dispersed.
146. For commercial buildings, a II doors, windows, locking mechanisms, hinges, and other
miscellaneous hardware shali be comrnercial or institution grade.
147. Any graffiti painted or marked upon the buildings shall be removed or painted over within
twenty-four (24) hours of being discovered. Notify the Temecula Police Department
immediately so a report can be taken.
148. Any public telephones located on the exterior of this facility should be placed in a well-
lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This
feature is not required for public telephones installed within interior areas of this facility.
R:\D P\2004\04-0582 Temecula Education Complex\Draft Rese & COAs. DP.doc
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OUTSIDE AGENCIES
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OUTSIDE AGENCIES
149. The applicant shall comply with the attached letter dated January 7,2005 from the Southern
California Gas Company.
150. The applicant shall compty with the attached letter dated December 6, 2004 from the
Rancho California Water District.
151. The applicant shall comply with the attached letter dated May 3, 2005 from the Riverside
County Flood Control and Water Conservation District.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Date
Appticant's Signature
Applicant's Printed Name
R:\D P\2004\04-0582 Temecula Education Complex\Draft Resa & COAs - DP.doc
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EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
R:\D P\2004\04-0582 Temecula Education Complex\Draft Reso & COAs - DP.doc
37
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.11'-
, Snuthern
California
Gas Company'
A a' Sempra Energy~ company
January 7,2005
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Subject:
010705 Various Projects
PA04-0561, 40517 MargaritaRd, Temecula
Mall Leo Rd - Construction
PA04-0584, Temecula Education Complex, On
Diaz Btwn Cher & Cam us - Construction -
PA04-0584, Star World Center - Old Town
Front Street - Construction
PA04-0588, Roick Drive Business Condo -
PA04-0592, Penfold Plaza - Construction
PA04-0612, Palomar Plaza - Construction -
43980 Mar arita Rd
PA04-0620, Boys & Girls Club. Construction-
31465 Via Cordoba
PA04-0621, Butterfield Ranch Shopping Center
- construction Commercial Bldgs - Southwest
Comer of H 79 South & Butterfield
PA04-0622, Tall Tree Mall Expansion -
Construction - Office Bid s
PA02-0362 -Rancho Temecula Town Centre.
H 79 & Nicholas
PA04-0200, 201, SIE Rancho Calif Rd &
Meadows Pk -Construction
DrU..fr.~
~':\T~. ~!1:-~-r:~ n ,-:(; ,,- r--; i
lI,nn,! LS [iJ G !! \fl ic !f',-il
v j - ...... --', I ,
iJ~ JAN 1 S 1005 WI
By ,
SouII1em CalifornIa
Gas Company
94(XJ OaMaIeA"""""
Omworlh. C4
91313
MailingMdms.'
P. O. Bax 2300
Omworlh. C4
91313-2300
ML9314
td 818-701-4546
jIX 818-701-3441
Southern California Gas Company, Trans'mission Department, has no
conflict with your proposed improvement. However, our Distribution
department may have some facilities within your construction area. To
assure no conflict with the local distribution's pipeline system, please
contact (909) 335-7725.
~inCerelY, '
\//-=\). [.
~~. .r
Rosalyn qu res
Transml sf n Pipeline Planning Assistant
"J
(@
Bancho
Water
Board of Directors
John E. Hoagland
President
Csaba F. Ko
Sr. Vice President
Stephen J. Corona
Ralph H. Daily
Ben R. Drake
Usa D. Herman
Michael R. McMillan
Officers:
Brian J. Brady
General Manager
Phillip 1.. Forbes
Direcior oCFinance-Treasurer
E.P. "Bob-Lemons
Director of Engineering
Perry R. Louck
Director of Planning
JeffD. Armstrong
Controller
Linda M. Fregoso
District Secretary/Administrative
Services Manager
C. Michael Cowett
Best Befl & Krieger LLP
General Counsel
December 1., 2004
1
Stuart Fisk, Project Planner
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
m~ ~ ~ r,~, \J ~~I
ul1 Dte 0 6 2004 W
By
SUBJECT: WATER AND SEWER AVAILABILITY
TEMECULA EDUCATION COMPLEX
A PORTION OF PARCEL NO.1 OF PARCEL MAP NO. 4646
APN 909-370-002; CITY PROJECT NO. P A04-0S8f ~
[A.G. KADING]
Dear ?vfr. Fisk:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water and sewer
service, therefore, would be available upon construction of any required on-site
and/or off-site water and sewer facilities and the completion of financial
arrangements between RCWD and the property owner.
If fire protection is required, the customer will need to contact RCWD for fees
and requirements.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if aIiy, to RCWD.
This project has the potential to become a commercial condominium-type
development, with individual building owners and an owners' association
maintaining the common property and private water, fire protection, and
landscape irrigation facilities. In this case, as a condition of approval for the
project, RCWD would require that the City of Temecula include a Reciprocal
Easement and Maintenance Agreement for these on-site private water facilities.
In addition to this agreement, RCWD would require individual water meters for
each condominium unit.
The project should be conditioned to use recycle'd water for all landscape
irrigation. If you should have any questions, please contact an Engineering
Services Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
, I
'--fry j /)h 7J77Jrr \)
I ~c~~yerpe:er: 1;V ~
Development Engineering Manager
04IMM.at22S\FCF
)
c: Laurie Williams, Engineering Services Supervisor
Rancho California Water District
42135 Winchester Road . Post Office Box 9017 . Teme<:ula, California 92589-9017 . (951) 296-6900 . FAX (951) 296-6860
I
I
WARREN D. WILLIAMS
G~neral Manager-Chief Engineer
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
951.788.9965 FAX
94667.1
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERV A nON DISTRICT
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
May 3, 2005
.-,
\F0~' ,r-~ n nil \"~ \,' j, \\
"p 0' ie" \J'- I,'
,,1,._ "l \.; 'i:\"i.1
f ::; ) \ ;~ :-, -
". > MAY 0 6 2005
c_ '
\": .
\UU j
b -::.l
'"'\1 . .~~~.-.'
L) J ---:==::=-~-------
Attention: Stuart Fisk
Ladies and Gentlemen:
Re:
PA04-0582
The District does not normally recommend conditions for land divisions or other land use cases in
incorporated Cities. The District also does not plan check City land use cases, or provide State Division of
Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such
cases are normally limited to items of specific interest to the District including District Master Drainage Plan
facilities, other regional flood control and drainage facilities which could be considered a logical component or
extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In
addition, information of a general nature is provided.
The District has not reviewed the proposed project iJ;l detail and the following comments do not in any way
constitute or imply District ~pproval or endorsement of the proposed project with respect to flood hazard,
public health and safety, or any other such issue:
The majority of the property is within the 100 year Zone AE floodplain limits for Murrieta Creek as delineated
on Panel No. 060742-0005B dated November 20, 1996 of the Flood Insurance Rate Maps issued in
conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management
Agency (FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow
rate of28,500 cfs to be 1029.36 (NGVD 29) at the location.
The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Murrieta are
working on the design of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project
(Project), which has been Congressionally authorized. The proposed development is located within Phase 3 of
the Project, which is scheduled to begin construction in October 2006, pending Federally allocated funding.
Questions regarding the Project may be addressed to Zully Smith of our office at 951.955.1299.
Until the proposed Project has been constructed, all new buildings should be f1oodproofed by elevating the
finished floor a minimum of 12 inches above the District'slFEMA's floodplain elevation of 1029.36.
This project is located within the limits of the District's Murrieta Creekffemecula Valley Area Drainage Plan
for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of building or
grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit.
.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State
Water Resources Control Board. Clearance for grading, recordation or other final approval should not be
given until the City has determined that the project has been granted a permit or is shown to be exempt.
/
,/
,c',
94667,[
Mr. Stuart Fisk
Re: PA04-0582
-2-
May 3, 2005
If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all
studies, calculations, plans and other information required to meet FEMA requirements, and should further
require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation
or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy.
The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan
(MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable
CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all
onsite and offsite drainage facilities. Draft CEQA documents shall be forwarded to the District during the
public review period.
If a natural watercourSe or mapped floodplain is impacted by this project, the City should require the applicant
to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are
not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section
404 of the Clean Water Act, a California State Department ofFish and Game Streambed Alteration Agreement
in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a
Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State
Porter Cologne Water Quality Act,respectively, from the appropriate Regional Water Quality Control Board.
The applicant shall also be responsible for complying with all mitigation measures as required under CEQA
and all Federal, State, and local environmental rules and regulations.
Very truly yours,
~~
ARTURO DIAZ
Senior Civil Engineer
c: Ron Parks, City of Temecula
Zully Smith, RCFC & WCD
ATTACHMENT NO.4
CITY COUNCIL RESOLUTION 05-_
(TENTATIVE PARCEL MAP)
R:\D P\2004\04-0582 Temecula Education Complex\Council Staff Report.doc
8
PC RESOLUTION NO. 2005-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES
INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL
PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY
RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC
RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER
PARCELS, GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWN
AS ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-
019 (PA05-0070)."
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which
applications are hereby incorporated by reference, for the property consisting of approximately 40.0
acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as
Assessor Parcel Nos. 909-370-002 and 909-120-019 ("Project"); and
WHEREAS, Planning Application No. PA05-0070 was processed including, but not limited to
public notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act;
WHEREAS, the Planning Commission, at a regular rneeting, considered Planning
Application No. PA05-0070 on May 4,2005 at a duly noticed public hearing as prescribed by iaw, at
which tirne the City staff and interested persons had an opportunity to, and did, testify either in
support or opposition to this rnatter;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 2005-_,
recornrnending the City Council approve a Zone Change; adopted Resolution No. 2005_,
recommending the City Council approve a Development Plan; and adopted Resolution No. 2005-
_, recommending the City Council approve the proposed Tentative Parcel Map;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
Section 2. Findinas. That the Planning Comrnission, in recommending approval of the
Application, hereby recommends the following findings as required in Section 16.09.140 of the
Temecula Municipal Code:
G:\Planning\2005\PAOS-0070 Education Complex-TPM\Planning\Oraft TPM Resolution.DOC
1
A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of
Temecula Municipal Code because the proposed subdivision map is consistent with the
development standards within the Development Code, Subdivision Ordinance, and General Plan.
B. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a
Land Conservation Act contract.
C. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of approval, is not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or
habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-
site. Furthermore, a Final Environmental Impact Report has been prepared and certified prior to
action on the Application;
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
F. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the proposed
subdivision, or the design of the alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
H. The subdivision is a commercial/residential project. The commercial portion of the
project is not subject to Quimby fees. The project has been conditioned that for the residential
portion of the project, the developer shall satisfy the City's park land dedication (Quimby)
requirement through the payment of in-lieu fees equivalent to 2.62 acres of park land, based upon
the City's then current land evaluation. Said requirement includes a 25% credit for private
recreational opportunities provided on-site and based on 288 residential units. The in-lieu fee shall
be pro-rated at a per-dwelling-unit cost prior to the issuance of each residential building permit
requested.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
substantial importance is available. The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the Planning Commission recommends that the City Council make a finding
that the proposed project is consistent with the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into effect. Consistent with the MSHCP, a Habitat Acquisition and
G:\Planning\2005\PAOS.0070 Education Complex.TPM\Planning\Oraft TPM Resolution.DOC
2
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. The Planning Commission of the City of Temecula hereby
recommends approval of the Project (PA05-00l0; Tentative Parcel Map No. 33405) with conditions
of approval as attached in Council Resolution Exhibit A .
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 4'h day of May, 2005.
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution NO.2005- _ was duly and regularly ado~ted by the Planning Commission of the City
of T emecula at a regular meeting thereof held on the 4' day of May, 2005, by the following vote of
the Commission:
AYES:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G;\Planning\2005\PA05-0070 Education Complex- TPM\Planning\Draft TPM Resolution.DOC
3
EXHIBIT A
CITY COUNCIL RESOLUTION 05-_
TENTATIVE PARCEL MAP
G:\Planning\2005\PA05-0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
4
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 33405
TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES INTO 15
PARCELS CONSISTING OF EIGHT COMMERCIAL PARCELS,
ONE MIXED-USE PARCEL, ONE MULTI-FAMILY RESIDENTIAL
PARCEL, THREE PARCELS FOR PUBLIC RIGHT-OF-WAY FOR
STREETS, AND TWO REMAINDER PARCELS, GENERALLY
LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND
DENDY PARKWAY, KNOWN AS ASSESSOR'S PARCEL NOS.
909-370-002 AND 909-120-019 (PA05-0070).
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which
applications are hereby incorporated by reference, for the property consisting of approximately 40.0
acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as
Assessor Parcel Nos. 909-370-002 and 909-120-019 ("Project"); and
WHEREAS, the Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law; and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project, at which time the City staff and
interested persons had an opportunity to, and did, testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 2005-30,
recommending the City Council approve a Development Agreement; adopted Resolution No. 2005-
29, recommending the City Council approve a Zone Change; adopted Resolution No. 2005-28,
recommending the City Council approve a Development Plan; and adopted Resolution No. 2005-25,
recommending the City Council approve the proposed Tentative Parcel Map;
WHEREAS, on ,2005, the City Council of the City of Temecula held a duly
noticed public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
WHEREAS, at the conclusion of the City Council hearing and after due consideration of the
testimony, the City Council approved the Tentative Parcel Map for the Project subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESO.LVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
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Section 2. Findinos. The City Council, in approving Planning Application PA05-0070
(Tentative Parcel Map No. 33405) hereby makes the following findings as required by Section
16.09.140 of the Temecula Municipal Code:
A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of
Temecula Municipal Code because the proposed subdivision map is consistent with the
development standards within the Development Code, Subdivision Ordinance, and General Plan.
B. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a
Land Conservation Act contract.
C. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of approval, is not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or
habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-
site. Furthermore, a Final Environmental Impact Report has been prepared and certified prior to
action on the Application.
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
F. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
G. The design of the subdivision and the type of improvements will not contlict with
easements acquired by the public at large for access through or use of property within the proposed
subdivision, or the design of the alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
H. The subdivision is a commerciallresidential project. The commercial portion of the
project is not subject to Quimby fees. The project has been conditioned that for the residential
portion of the project, the developer shall satisfy the City's park land dedication (Quimby)
requirement through the payment of in-lieu fees equivalent to 2.62 acres of park land, based upon
the City's then current land evaluation. Said requirement includes a 25% credit for private
recreational opportunities provided on-site and based on 288 residential units. The in-lieu fee shall
be pro-rated at a per-dwelling-unit cost prior to the issuance of each residential building permit
requested.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
substantial importance is available. The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the City Council finds that the proposed project is consistent with the Final
EIR for the Temecula Education Complex.
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Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. The City Council of the City of Temecula hereby approves
Tentative Parcel Map No. 33405, Application No. PA05-0070, subject to conditions of approval as
set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth
in full.
Section 5.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this _ day of
,2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 05-_ was duly and regularly adopted by the City Council of the City ofTemecula at
a regular meeting held on the _ day of , 2005, by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA05-0070 (Tentative Parcel Map 33405)
Project Description:
A Tentative Parcel Map to subdivide two lots totaling 40.0
acres into 15 parcels consisting of eight commercial
parcels, one commercial/residential parcel, on multi-
family residential parcel, three parcels for public right-of-
way for streets, and two remainder parcels, generally
located at the northwest corner of Diaz Road and Dendy
Parkway.
Assessor's Parcel No.:
909-370-002 and 909-120-019
DIF:
TUMF:
MSHCP:
Per Development Agreement
Per Development Agreement
Per Development Agreement
Approval Date:
Expiration Date:
,2005
,2008
WITHIN FORTY-EIGHT (48) HOURS OF PROJECT APPROVAL
It is understood that the Developer correctly shows on the tentative map all existing and proposed
easements, traveled ways, improvement constraints and drainage courses, and their omission may
require the project to be resubmitted for further review and revision.
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00)
for the County administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding for the Mitigated or Negative Declaration required under Public
Resources Code Section 211 08(b) and California Code of Regulations Section 15075. If
within said forty-eight (48) hour period the applicant/developer has not delivered to the
Planning Department the check as required above, the approval forthe project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
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PRIOR TO THE ISSUANCE OF A GRADING PERMIT
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,
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
Planning Department
2. Consistent with the Riverside County MSHCP, a Habitat Acquisition and Negotiation
Strategy (HANS) report shall be submitted. The applicant shall meet the requirements, if
any, of that report prior to issuance of a grading permit.
3. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
4. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by
providing documented evidence that the fees have already been paid.
5. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
6. The following shall be included in the Notes Section of the Grading Plan: "During excavation
and hill-side cutting activities, a qualified paleontological monitor will be present and will
have the authority to stop and redirect grading activities to evaluate the significance of any
paleontological resources exposed during the grading activity within the alignment. If
paleontological resources are encountered, adequate funding will be provided to collect,
curate, and report on these resources to ensure the values inherent in the resources are
adequately characterized and preserved."
Public Works Department
7. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
8. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
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commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
9. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations for the construction of engineered
structures and preliminary pavement sections.
10. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults and potential for liquefaction. The report shall include
recommendations to mitigate the impact of ground shaking and liquefaction.
11. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
12. NPDES - The project proponent shall implement construction-phase and post-construction
pollution prevention measures consistent with the State Water Resources Control Board
(SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures
shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion
& Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control,
and the SWRCB General Permit for Construction Activities. Post-construction measures
shall be required of all Priority Development Projects as listed in the City's NPDES permit.
Priority Development Projects will include a combination of structural and non-structural
onsite source and treatment control BMPs to prevent contaminants from commingling with
stormwater and treat all unfiltered runoff year-round prior to entering a storm drain.
Construction-phase and post-construction BMPs shall be designed and included into plans
for submittal to, and subject to the approval of, the City Engineer prior to issuance of a
Grading Permit. The project proponent shall also provide proof of a mechanism to ensure
ongoing long-term maintenance of all structural post-construction BMPs.
13. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
14. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevaiiing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
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15. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
16. The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "AE" and
is subject to flooding of undetermined depths. Prior to the approval of any plans, the
Developer shall demonstrate that the project complies with Chapter 15.12 of the Temecula
Municipal Code for development within Flood Zone "A". A Flood Plain Development Permit
is required prior to issuance of any permit. Residential subdivisions shall obtain a Letter of
Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) prior to
occupancy of any unit. Commercial subdivisions may obtain a LOMR at their discretion.
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.
PRIOR TO RECORDATION OF A FINAL MAP
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PRIOR TO RECORDATION OF A FINAL MAP
Planning Department
17. The following shall be submitted to and approved by the Planning Department:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty miles (30) of Mount Palomar
Observatory. All proposed outdoor iighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. An Environmental Impact Report and Mitigation Monitoring and Reporting
Program were prepared for this project and is on file at the City of Temecula
Planning Department.
iii. This project is within a liquefaction hazard zone.
iv. This project is within a subsidence hazard zone.
v. The project is within a flood hazard zone.
vi. The project is within a dam inundation hazard zone.
vii. This property is located within an area identified by the City of Temecula
General Plan as being a sensitive area with regards to paleontological
resources.
Public Works Department
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete
the following or have plans submitted and approved, subdivision improvement agreements executed
and securities posted:
18. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern Municipal Water District
d. Riverside County Flood Control and Water Conservation District
e. City of Temecula Fire Prevention Bureau
f. Planning Department
g. Department of Public Works
h. Riverside County Health Department
i. Cable TV Franchise
j. Community Services District
k. General Telephone
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I. Southern California Edison Company
m. Southern Calilornia Gas Company
n. Fish & Game
o. Army Corps 01 Engineers
19. The Developer shall design and guarantee construction 01 the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department 01 Public Works:
a. Improve Diaz Road (Major Highway Standards - 100' RfW) to include dedication of
lull-width street right-of-way, installation of full-width street improvements, paving,
curb and gutter, sidewalk, street lights, drainage lacilities, signing and striping,
utilities (including but not limited to water and sewer), raised landscaped median.
The Developer may apply lor a Development Impact Fee reduction lor on-half 01 the
raised median and 19' of pavement including curb and gutter.
b. Improve Dendy Parkway (Major Highway Standards - 100' R/W) to include dedication
01 half-width street right-ol-way, installation of half-width street improvements,
paving, curb and gutter, sidewalk, street lights, drainage lacilities, signing and
striping, utilities (including but not limited to water and sewer), raised landscaped
median.
c. Dedicate 44' half-width street right-ol-way on Cherry Street. Improve a 24' wide
private street within this right-ol-way.
d. All street improvement design shall provide adequate right-ol-way and pavement
transitions per Caltrans standards lor transition to existing street sections.
20. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design 01 street improvements shall extend a minimum 01 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All reverse curves shall include a 100-foot minimum tangent section.
h. All street and driveway centerline intersections shall be at 90 degrees.
i. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
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j. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
k. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
21. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and
reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
22. Relinquish and waive right of access to and from Diaz Road on the Parcel Map with the
exception of one opening as delineated on the approved Tentative Parcel Map.
23. Relinquish and waive right of access to and from Dendy Parkway on the Parcel Map with the
exception of four (4) openings as delineated on the approved Tentative Parcel Map.
24. Relinquish and waive right of access to and from Cherry Street on the Parcel Map with the
exception of two (2) openings as delineated on the approved Tentative Parcel Map.
25. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities
shall be provided at all street intersections in accordance with Riverside County Standard
No. 805.
26. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
27. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Priorto City
Council approval of the Parcel Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
28. Any delinquent property taxes shall be paid.
29. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel
Map to delineate identified environmental concerns and shall be recorded with the map
30. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet recorded with any underlying maps related to the subject property.
31. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Parcel Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
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32. A copy of the grading and improvement plans, along with supporting hydrologic and
hydraulic calculations shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to recordation of the Parcel Map or the issuance of
any permit. A permit from Riverside County Flood Control and Water Conservation District
is required for work within their right-of-way.
33. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable TV,
and/or security systems shall be pre-wired in the residence.
34. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable TV Standards at time of street improvements.
35. Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
36. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks
meander through private property.
37. An easement for reciprocal ingress/egress shall be provided prior to approval of the Parcel
Map or issuance of building permits, whichever occurs first.
38. An easement for a joint use driveway shall be provided priorto approval of the Parcel Map or
issuance of building permits, whichever occurs first.
39. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All oilers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
Fire Department
40. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
41. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land
division per CFC Appendix III-A, Table A-III-A-1. The applicant shall provide at time of plan
review a copy of the original conditions of approval showing the originally required fire flow,
AND a current fire flow test meeting those standards. If the applicant is unable to provide
the original conditions of approval this project will be required to provide for this
project, a water system capable of delivering 4000 GPM at 20-PSI residual operating
pressure with a 4 hour duration. The required fire flow may be adjusted during the approval
process to reflect changes in design, construction type, or automatic fire protection
measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has
taken into account all information as provided. (CFC 903.2, Appendix III-A)
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42. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. The applicant shall provide at time of plan review a copy of
the original conditions of approval showing the originally required fire hydrant spacing and
distances for this land/site, AND current evidence of meeting those standards. If the
applicant is unable to provide the original conditions of approval this project will be
required to provide super fire hydrants (6" x 4" x 2-2 1/2" outlets) located on Fire
Department access roads and adjacent public streets. Hydrants shall be spaced 250 feet
apart, at each intersection and shall be located no more than 150 feet from any point on the
street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall
be available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B)
43. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45) feet. (CFC 902.2.2.3, CFC 902.2.2.4)
44. All locations where structures are built shall maintain approved Fire Department vehicle
access roads to within 150 feet to any portion of the facility or any portion of an exterior wall
of the building(s). NO CHANGES TO DRIVEWAYS, CURBS, OR OTHER MEANS OF
ACCESS WILL BE ALLOWED THAT EFFECT FIRE LANES OR FIRE DEPARTMENT
ACCESS ROADS. Fire Department access roads shall be an all weather surface designed
for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902)
45. Fire Department vehicle access roads shall maintain an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
46. This development shall maintain two (2) points of access, via all-weather surface roads, as
approved by the Fire Prevention Bureau. (CFC 902.2.1)
47. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4)
48. An agreement for the maintenance and repair of any and all existing underground Fire
Department Water Systems, including all fire sprinkler supplies and all fire hydrants and
supplies will be in place as a condition of this division to maintain available water in
perpetuity.
49. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map including
parcel and street centerline information. The electronic file will be provided in a ESRI
Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone
VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and
format prior to satisfaction of this condition.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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PRIOR TO ISSUANCE OF BUILDING PERMITS
Public Works
50. Parcel Map 33405 shall be approved and recorded.
51. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
52. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
53. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06 as may be due and payable by the Development
Agreement.
54. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08 as may be
due and payable by the Development Agreement.
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PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
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PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
Public Works
55. , As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
56. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
57. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
58. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to
the construction operations of this project shall be repaired or removed and replaced to the
satisfaction of the Director of Public Works.
G:\Planning\2005\PA05-0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
22
GENERAL REQUIREMENTS
G:\Planning\2005\PA05-0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
23
GENERAL REQUIREMENTS
Planning Department
59. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
60. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to the City of Temecula Subdivision Ordinance, unless modified by the conditions listed
below. A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 30 days prior to the expiration date.
61. The applicant shall comply with the attached Mitigation Monitoring Program for the Temecula
Education Complex Final Environmental Impact Report (Exhibit B).
Public Works Department
62. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
63. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
64. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
65. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for
consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
66. The vehicular movement at the easterly driveway on Dendy Parkway shall be restricted to
right out only.
G:\Planning\2005\PAOS.0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
24
OUTSIDE AGENCIES
G:\PJanning\200S\PAOS.0070 Education Complex.TPM\Planning\Draft TPM Resolution.DOC
25
OUTSIDE AGENCIES
67. The applicant shall comply with the attached letter dated March 17, 2005 from the Rancho
California Water District.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:\Planning\2005\PAOS-0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
26
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
G:\Plan.ning\2005\PA05-0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
27
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Rancho
Water
BQardofDireetors
Csaba F. Ko
President
Ben R. Drake
Sr. Vice President
Stephen J. Corona
Ralph B. Daily
Lisa D. Herman
John E. Hoagland
Michael R. McMillan
Officers:
Brian J. Brady
General ManageT
Phillip L Forbes
Directm' of Finance-Treasurer
E.P. "Bob- Lemons
Director of Engineering
Perry IL Louck
Director of Planning
Jeff D. Armstrong
Controller
f
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,
c
March 17,2005
Stuart Fisk, Project Planner ~~;; f1 m is d
:. .' " '! , "-'\'
City of Temecula ..
Planning Department " ' MAR 22 Z005
Post Office Box 9033 Ii ',.'
I) \'
Temecula, CA 92589 - 9033 \UU
~-
SUBJECT: WATER AND SEWER A V AlLABILITY
,
!
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--------.-......-
TENTATIVE PARCEL MAP NO. 33405
TEMECULA EDUCATION COMPLEX
PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646
APN NOS. 909-370-002 AND 909-120-019
CITY PROJECT NO. P A05-0070, [A.G.K. GROUP)
Dear Mr. Fisk:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water and sewer
service, therefore, would be available upon construction of any required on-site
and/or off-site water and sewer facilities and the completion of financial
arrangements between RCWD and the property owner.
If fire protection is required, the customer will need to contact RCWD for fees
and requirements.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
Linda M. Fregoso
Dis1rictS."""",/Admin~tn".. This project is a commercial condominium development, with individual building
S.~~Mm..' owners and an Owner's Association maintaining the common property and
. C. Michael Cowett
BedBes'&Krleg"llP private sewer, water, fire protection and landscape irrigation facilities. RCWD
General Counsel
requires that the City include a Reciprocal Easement and Maintenance Agreement
for these on-site private facilities, as a condition of approval for the project. In
addition to this agreement, RCWD requires individual water meters for each
condominium unit.
If you have any questions, please contact an Engineering Services Representative
at this office at (951) 296-6900.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
7J1J /Jh. '
I ~i.c~M~yerpeter, P. .
Development Engineering Manager
1~iQ~:~NL'
7/~ ~r~ D1~rR.er
~=':'-"'-'''''
051MMJmOOJIFEG
c: Laurie Williams, Engineering Services Supervisor
Rancho Caljfornia Water DistJ"ict
42135 Winchester Road . postOmceBox9017 . Temecula,Califomia92589-9017. (951)296-6900. FAX(951)296-6860
ATTACHMENT NO.5
PLANNING COMMISSION RESOLUTION 2005-30
(DEVELOPMENT AGREEMENT)
R:\O P\2004\04-0582 Temecula Education Complex\Councll Staff Report.doc
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PC RESOLUTION NO. 2005-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF' THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC" ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-D070)".
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application No.
PA05-0112, Development Agreemerit; PA04-0582, Zone Change and Development Plan; and
PA05-0070, Tentative Parcel Map, which applications are hereby incorporated by reference, for
the property consisting of approximately 40.0 acres, generally located at the northwest comer of
Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002 ("Project"); and
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law, including the California Environmental
Quality Act; and,
WHEREAS, the Planning Commission considered the Application on May 4, 2005, 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; and
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended the City Council approve the Project subject to
and based upon the findings set forth hereunder;
WHEREAS, The Planning Commission adopted Resolution No. 2005-30, recommending
that the City Council approve a Development Agreement;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City Council
approve the Project after finding that the proposed project conforms to the General Plan;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findinas. The Planning Commission, in recommending approval of
Planning Application No. PA05-0112 (Development Agreement) hereby makes the following
findings:
A. The Development Agreement and the project, as defined in the Development
Agreement, implement the goals and policies of the City's General Plan, provide balanced and
diversified land uses, and impose appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the environment within
the City.
RID P\2004\04-DS82 Temecula Education Complex\Development Agreement\Draft PC DA Reso.doc
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B. The City has engaged in studies and review of the potential impacts of the
Project as well as the various potential benefits to the City by the development of the Project
and concluded that the Project is in the best interests of and is not detrimental to the health,
safety and general welfare of the City.
C. The Development Agreement is consistent with the City's General Plan, and
each Element thereof.
D. The Development Agreement is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867
Section 2. Recommendation. The Planning Commission of the City of Temecula
hereby recommends that the City Council adopt Ordinance 05--> approving the Development
Agreement for the Temecula Education Center in the form attached in Council Ordinance
Exhibit A.
Section 3. PASSED, APPROVED AND ADOPTED
Planning Commission this 4th day of May 2005.
ATTEST:
~L-' ~YL-
Debbie Ubnoske, Secretary
[SEAL]
STATf;OF CALIFORNIA )
COUNTY OF RIVERSID,E ) ss
CITY OF TEMECULA , ' )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2005-30 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 4th day of May 2005, by the
following vote of the Commission:
AYES:
5 PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson, Olhasso.
Telesio
NOES: 0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
~-z:' #~~
Debbie Ubnoske, Secretary
R:\D P\2004\04-0582 Temecula Education Complex\Development Agreement\Draft PC DA Reso.doc
2
ATTACHMENT NO.6
PLANNING COMMISSION RESOLUTION 2005-29
(ZONE CHANGE)
R:\D P\2004\04-0582 Temecula Education Complex\Council Staff Report.doc
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PC RESOLUTION NO. 2005-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPT SECTIONS
17.22.210 THROUGH 17.22.218 INCLUDING THE PDO-10 TEXT
AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY
LOCATED AT THE NORTHWEST CORNER OF DIAZROAD
AND DENDY PARKWAY, KNOWN AS ASSESSOR PARCEL
NO. 909-370-002".
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map,
which applications are hereby incorporated by reference, for the property consisting of
approximately 40.0 acres, generally located at the northwest corner of Diaz Road and Dendy
Parkway, known as Assessor Parcel No. 909-370-002 ("Project"); and
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law, including the California Environmental
Quality Act; and,
WHEREAS, the Planning Commission considered the Application on May 4, 2005, 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; and
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended the City Council approve the Project subject to
and based upon the findings set forth hereunder;
WHEREAS, The Planning Commission adopted Resolution No. 2005-29, recommending
that the City Council approve a Zone Change and adopt Sections 17.22.210 through 17.22.218,
including the PDO-10 text and development standards;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City Council
approve the Project after finding that the proposed project conforms to the General Plan;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. FindinQs. The Planning Commission, in recommending approval of
Planning Application No. PA04-0582 (Zone yhange) hereby makes the following findings:
A. The proposed Zone Change is consistent with the land use designation of the
General Plan of the City of Temecula in which the use is located, as shown on the Land Use
RIO P\2004I04-0582 Temecula Education ComplexlPDO\Draft PC ZC RESOLUTION.doc
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Map. The site is physically suitable for the type of uses proposed for the project site, and the
proposed Zone Change would furlher the City's long-term economic development goals.
B. The proposed Zone Change conforms to the General Plan and the use is in
conformance with the goals, policies, programs, and guidelines of the elements of the General
Plan. The proposed Zone Change allows for a use that will provide the diversity of uses desired
in the General Plan and will create a balanced community with additional educational and
housing opporlunities available to the community.
Section 2. Recommendation. The Planning Commission of the City of Temecula
hereby recommends that the City Council adopt Ordinance 05-_, changing the zoning
designation from Public Institutional (PI) to Planned Development Overlay (PDO-10) and adopt
sections 17.22.210 through 17.22.218 including the PDO-10 text and development standards in
the form attached in Council Resolution Exhibit A.
Section 3. PASSED, APPROVED AND ADOPTED
Planning Commission this 4th day of May 2005.
D' athewson, Chairman
ATTEST:
~~_. U~~
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA . )
I, DebbieUbnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2005-29 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 4th day of May 2005, by the
following vote of the Commission:
AYES:
5 PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson, Olhasso,
Telesio
NOES: 0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
~--?/~~
Del5bie Ubnoske, Secretary
, R:IO P\2004104.jJ582 Temeculs Education ComplexlPOOlOrsft PC ZC RESOLUTION.doc
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ATTACHMENT NO.7
PLANNING COMMISSION RESOLUTION 2005-28
(DEVELOPMENT PLAN)
R:\D P\2Q04\04-0582 Temecula Education Complex\Council Staff Report.doc
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PC RESOLUTION NO. 2005-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES
INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL
PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY
RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC
RIGHT-OF.WAY FOR STREETS, AND TWO REMAINDER
PARCELS, GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWN
AS ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-
019 (PA05-0070)."
WHEREAS, Gary Wiggle, representing AGK Group, llC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which
applications are hereby incorporated by reference, for the property consisting of approximately 40.0
acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as
Assessor Parcel Nos. 909-370-002 and 909-120-019 ("Project"); and
WHEREAS, Planning Application No. PA05-0070 was processed including, but not limited to
public notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA05-0070 on May 4,2005 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;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 2005-29,
recommending the City Council approve a Zone Change; adopted Resolution No. 2005-25,
recommending the City Council approve a Development Plan; and adopted Resolution No. 2005-28,
recommending the City Council approve the proposedTentative Parcel Map;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE, AND ORDER AS FOllOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
, Section 2. Findinas. That the Planning Commission, in recommending approval ofthe
Application, hereby recommends the following findings as required in Section 16.09.140 of the
Temecula Municipal Code:
G:IPlanning\2005IPA05-0070 Education Complex-TPMlPlanninglFinal TPM Resolution.DOC
1
A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of
Temecula Municipal Code because the proposed subdivision map is consistent with the
development standards within the Development Code, Subdivision Ordinance, and General Plan.
B. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a
Land Conservation Act contract.
C. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of approval, is not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or
habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-
site. Furthermore, a Final Environmental Impact Report has been prepared and certified prior to
action on the Application;
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
F. The design of the subdivision provides for Mure passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the proposed
subdivision, or the design of the alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
H. The subdivision is a commercial/residential project. The commercial portion of the
project is not subject to Quimby fees. The project has been conditioned that for the residential
portion of the project, the developer shall satisfy the City's park land dedication (Quimby)
requirement through the payment of in-lieu fees equivalent to 2.62 acres of park land, based upon
the City's then current land evaluation. Said requirement includes a 25% credit for private
recreational opportunities provided on-site and based on 288 residential units. The in-lieu fee shall
be pro-rated at a per-dwelling-unit cost prior to the issuance of each residential building permit
requested.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
substantial importance is available. The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the Planning Commission recommends that the City Council make a finding
that the proposed project is consistent with the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
G:\Planning\2005\PA05-0070 Education Complex-TPM\PlanninglFinal TPM Resolution.DOC
2
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. The Planning Commission of the City of Temecula hereby
recommends approval of the Project (PA05-0070; Tentative Parcel Map No. 33405) with conditions
of approval as attached in Council Resolution Exhibit A ,
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 4th day of May, 2005.
A TIEST:
'4e~~' U~?
Debbie Ubnoske, Secretary
-
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary ofthe Temecula Planning Commission, do hereby certify that
PC Resolution No.2005-28 was duly and regularly adopted by the Planning Commission of the City
of Temecula at a regular meeting thereof held on the 4th day of May, 2005, by the following vote of
the Commission:
AYES:
5 PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson; Olhasso,
T elesio
NOES: 0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
~---- <<~ft-c--.-'
Debbie Ubnoske, Secretary ,
G:IPlanning\2005IPA05-0070 Education Complex-TPMlPlanning\Final TPM Resolutlon.DOC
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ATTACHMENT NO.8
PLANNING COMMISSION RESOLUTION 2005-25
(TENTATIVE PARCEL MAP)
R:\D P\2004\04-0582 Temecula Education Complex\Council Staff Report.doc
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PC RESOLUTION NO. 2005-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO. PA04-0582, A DEVELOPMENT
PLAN FOR THE CONSTRUCTION OF A 170,863 SQUARE FOOT
EDUCATION COMPLEX, AN 18,792 SQUARE FOOT RESEARCH
AND DEVELOPMENT BUILDING WITH A CONFERENCE
CENTER, A PAD FOR A 16,000 SQUARE FOOT DAY CARE
FACILITY, RETAIL SPACE TOtALING 60,863 SQUARE FEET, A
THREE-STORY PARKING STRUCTURE WITH 502 PARKING
SPACES, AND 288 APARTMENT UNITS COMPRISING 337,098
SQUARE FEET, FOR A TOTAL OF 603,616 SQUARE FEET ON
40.0 ACRES," GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWN AS
ASSESSOR PARCEL NOS. 909-370-002 AND 909-120-019.
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which
applications are hereby incorporated by reference, for the property consisting of approximately 40.0
acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as
Assessor Parcel Nos. 909-370-002 and 909-120-019 ("Projecr); and
WHEREAS, Planning Application No. PA04-0582 (Development Plan) was processed
including, but not limited to a public notice, in the time and manner prescribed by State and local
law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA04-0582 on May 4,2005, 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 in opposition to this matter;
WHEREAS, the Planning Commission adopted Resolution No. 2005-29, recommending that
the City Council approve a Zone Change; and adopted Resolution No. 2005-30, recommending that
the City Council approve a Development Plan;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission adopted Resolution No. 2005-25, recommending that the City Council
approve PA04-0582 (Development Plan);
WHEREAS, all legal preconditions to the adoption of this resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
R.ID P\2004\04-QS82 Temecula Education ComplexIFinal Reso & COAs - DP.doc
1
Section 2. Findinas. The Planning Commission, in recommending approval of Planning
Application No. PA04-Q582 (Development Plan) hereby makes the following findings as required by
Section 17.05.010.F of the Temecula Municipal Code:
A. The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of state law and other ordinances of the City.
The proposal is consistent with 'the land use designation and policies reflected for Public and
Institutional Facilities (PI) development in the City of Temecula General Plan and with all
applicable requirements of state law and other ordinances of the City. As designed and
conditioned, it has been determined that the project is consistent with all applicable zoning
ordinances, state law and the General Plan.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
The proposed architecture and site layout for the project has been reviewed by the Building
Department, Fire Prevention Bureau, and Public Wolks. The proposed project has met
performance standards in regards to circulation, architectural design, and site plan design.
The project has been reviewed for, and as conditioned, has been found to be consistent with
all applicable policies, guidelines, standards and regulations intended to ensure that the
development will be constructed and function in a manner consistent with the public health,
safety and welfare.
Section 3~ Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 ofthe State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
substantial importance is available. The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the Planning Commission recommends that the City Council make a finding
that the proposed project is consistent with the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. That the City of Temecula Planning Commission hereby
recommends approval of Planning Application No. PA04-0582 (Development Plan) for the
construction of a 170,863 square foot education complex, a 18,792 square foot research and
development building with a conference center, a pad for a 16,000 square foot day care facility,
.retail space totaling 60,863 square feet, a three-story parking structure with 502 parking spaces, and
288 apartment units comprising 337,098 square feet, for a total of 603,616 square feet on 40.0
acres located at the northwest corner of Diaz Road and Dendy Parkway, known as Assessor Parcel
Nos. 909-370-002 and 909-120-019, with conditions of approval as attached in Council Resolution
Exhibit A.
R:\D P\2004\04-0582 Temeeuta Education ComptexlFinal Reso & COAs - DP.doe
2
.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 4th day of May, 2005.
ATTEST:
~-?~~
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 2005-25 was duly and regularly adopted by the Planning Commission of the City
of Temecula at a regular meeting thereof held on the 4th day of May, 2005, by the following vote:
AYES:
5 PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson, Olhasso,
T elesio
NOES: 0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
IflM~. ~~
Debbie Ubnoske, Secretary
R:\O P\2004\04-0582 Temecula Education ComplexlFinal Reso & COAs - DP.doc
3
ATTACHMENT NO.9
MINUTES FROM PLANNING COMMISSION HEARING OF MAY 4, 2005
R:\D P\2004\04-0582 Temecula Education Complex\Council Staff Report.doc
13
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MAY 4,2005
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:41 P.M., on
Wednesday, May 4, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business
Park Drive, Temecula, California.
Chairman Mathewson thanked Eve Craig for the prelude music.
ALLEGIANCE
Commissioner Guerriero the audience in the Flag salute.
ROLL CALL
Present:
Commissioners Chiniaeff, Guerriero, Olhasso, Telesio, and Chairman
Mathewson.
Absent:
None.
PUBLIC COMMENTS
None at this time.
CONSENT CALENDAR
1 Agenda
RECOMMENDATION:
1.1 Approve the Agenda of May 4, 2005.
2 Minutes
RECOMMENDATION:
2.1 Approve the Minutes of April 6, 2005.
MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner
Olhasso seconded the motion and voice vote reflected approval with the exception of
Commissioner Chiniaeffwho abstained.
R:\MinutesPC\050405
COMMISSION BUSINESS
New Items
It was the consensus of the Planning Commission to address Item Nos. 5 and 6 before Item
Nos. 3 and 4.
5 PlanninQ Aoolication No. PA05-0060 a Conditional Use Permit and Develooment Plan.
submitted bv Cassatt Academv. to construct four modular buildinQs. includinQ an
administration buildinQ and three classroom buildinQs totalinQ 5.760 square feet on 2.39
acres, located on the northeast corner of Calle Girasol and Aussie Avenue
Associate Planner Peters presented a staff report (of written material), noting that staff worked
with the applicant to ensure that all concerns have been addressed; however, the follOWing
Conditions of Approval have not been resolved to the satisfaction of the applicant; and that per
the Development Code, when a Conditional Use Permit (CUP) accompanies a Development
Plan for a new building that is less than 10,000 square feet, the matter shall be heard at a
Director's Hearing; however, based on feedback from the applicants, they will be contesting
standard conditions relative to street improvements, a decision was made to refer this matter to
the Planning Commission; and that the applicant is contesting the following two Public Works'
conditions:
. That street improvement to Calle Girasol, which would include road widening and an
A.C. berm (no sidewalks or streetlights). Due to cost issues, the applicant relayed that
they would desire to defer the improvements until a later date. However, the Public
Works' Department policy is to require improvements at the time of development
. That improving the end of the entire cul-de-sac on Aussie Avenue, which would include
half-width improvements plus 12 feet, and under-grounding of utilities. The applicants
do not want to improve the bulb at the end of the cul-de-sac beyond the 24 feet identified
on the site plan.
Associate Planner Peters also relayed that the applicant would be proposing chain link fencing
around a majority of the site; that according to the City's Design Guidelines, chain link fencing
should not be used where it would be visible from public streets, on-site major circulation aisles,
adjacent residential uses, or pedestrian uses; that fencing is needed for safety, and to meet
state licensing requirements, staff has included a condition for alternative fencing that would
meet licensing requirements.
Fire Specialist Horton relayed that per Fire Chief Windsor, the applicant would be allowed to
install one additional fire hydrant on Calle Girasol and Aussie Avenue prior to combustibles
being brought onto the property as long as the existing hydrant located 310 feet from Calle
Girasol would provide the minimum required fire flow; that if the fire flow could not be obtained,
then a second fire hydrant would be required at lot frontage near the Fire Department turn-
around on Aussie Avenue; and that the applicant would be required to provide a wet signed fire
flow report from Rancho California Water District.
At this time, the public hearing was opened.
RIMinutesPCI050405
2
Ms. Vicki Cochetas, the applicant, spoke in favor of the proposed project stating that Cassat
Academy will use creative teaching to bring out a child's natural interest in learning; that
Children will learn through painting, acting, singing and dancing; that the arts program being
offered will encourage children to think creatively, build their own ideas, solve problems in more
than one way, try new things without fear, and accept responsibility to complete tasks start to
finish.
The following courses will be offered by Cassat Academy:
. Academic Program
. Art Curricula
. Physical Fitness
. Music in Motion Classes
. Character and Multicultural Education
. Cassat Academy
. Drawing
. Poetry
. Drama
. Music
. Dance
The following individuals also spoke in favor of the proposed project for the following reasons:
. Ms. Phyllis Davis
. Ms. Mary Burnham
. Ms. Mary Curtis
. Ms. Porsche Poltl
. Ms. Tanya Gault
. That the children will learn self-respect and integrity
. That the program will offer parent-teacher partnerships, open communication, annual
assessments, and weekly newsletters
. That the physical fitness program will encourage a healthy lifestyle
. That the academic program will prepare children for kindergarten by exceeding state
standards and recognizing that every child learns differently.
The following individuals spoke against the proposed project for the following reasons:
. Ms. Karen Fontes
. Mr. Mike Connolly
. Mr. Dennis Fitz
. Mr. Jerry Montante
. Mr. Steve Honn
. That a commercial business operation in the middle of a rural residential area is
incompatible with the zoning for the area
R:IMinutesPCI050405
3
. That the objective of the General Plan and Planning Commission would be to prevent
commercial uses in inappropriate locations such as the proposed site
. That the zoning for the proposed site would be for very low density residential, which is
defined in the General Plan
. That the proposed project would be incongruent with the land use definitions and would
be creating considerably more noise and traffic issues
. That the proposed project should be located in a more mixed-use area
. That the proposed project would not benefit much from the few people living in the very
low zoning designation of the Nicolas Valley
. That the proposed project would significantly detract from the rural preservation area
that is called out for in the General Plan
. That the proposed site would be intended for single family detached homes on large lots
with rural ranchette character.
For the Planning Commission, Ms. Cochetas noted that due to lack of funding, she would not be
able to fund the street improvements required by Public Works and would need to defer street
improvements until a later date which is not known at this time.
At this time, the public hearing was closed.
In response to the Planning Commission's query regarding modular buildings, Associate
Planner Peters relayed that after discussions with the City Attorney, it was determined that
modular buildings are considered real properly/permanent structures once they are place on a
permanent foundation.
Plannino Commissioner's concerns
. That a chain link fence that is being proposed on the properly does not meet the City's
Design Guidelines
. That the proposed architecture and design elements of the proposed one-room school
house would not be desired
. That the lack of desire/funds to not improve Public Works' required improvements at the
time of development is a concern
. That although the use is needed in the community, a commercial business operation in a
rural residential area is a concern
. That it is the opinion of the Planning Commission that there are too many unknowns at
this time.
R:IMinutesPCI050405
4
MOTION: Commissioner Chiniaeff moved to denv staffs recommendation noting that it is the
opinion of the Planning Commission that there are too many unknowns on behalf of the
applicant. Commissioner Guerriero seconded the motion and voice vote reflected unanimous
approval.
6 Plannina Application No. PA04-0S82 and PAOS-0070. a Zone Chanae and Development
Plan. submitted bv AGK Group. for a Zone ChanQe to chanQe zonina from Public
Institutional (PI) to Planned Development Overlav (PDO-10): a Development Plan for
construction of a 170.863 sa. ft. education complex. a 18.792 sa. ft. research and
development buildinQ with conference center. a pad for a 16.000 sa. ft. dav care facilitv.
retail space totalina 60.863 sa. ft.. a three-storv parkina structure with S02 parkina spaces.
and 288 apartment units comprisina 337.098 sa. ft" for a total of 603,616 sa. ft.: a Tentative
Parcel Map (3340S) to subdivide two lots totalina 40.0 acres into 1S parcels consistina of
eiaht commercial parcels. one commercial/residential parcel. one multi-familv residential
parcel. and three public riQht-of-wav parcels
Associate Planner Fisk presented a staff report (of written material), requesting revisions to the
following conditions:
Development Plan (PA04-0S82)
Revise Condition of Approval #49c to read: "Dedicate 44' half-width street right-of-way on
Cherry Street. Improve a 24' wide private street within the right-of-way."
Tentative Parcel Map No. 3340S (PAOS-0070)
Revise Condition Condition No. 19 to read: Dedicate 44' half-width street right-of-way on
Cherry Street. Improve a 24' wide private street within this right-of-way".
The following are design elements require further review by staff:
.
That the element of an outdoor lighting plan indicating the location and design of all
outdoor lighting on site (addressed by COA No. 29)
An outdoor furniture plan (COA No. 33)
Inclusion of motorcycle and bicycle parking facilities per section 17.24.040 of the
Development Code (COA Nos. 34 and 3S)
A sign program (COA No. 36)
Design details for the water feature to be located at the south elevation of Building (COA
No. 37)
And the proposed locations, numbers, genus, species, and container size for all shrubs
and ground covers (COA No 41d).
.
.
.
.
.
At this time, the public hearing was opened.
Mr. A.G. Kating, representing AGK Group, spoke in favor of the proposed project.
Mr. Gary Wiggle presented a PowerPoint presentation of the proposed project showing many
perspective views of the site.
R\MinutesPC\050405
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The following individuals spoke in favor of the proposed project:
. Mr. Roger Ziemer
. Ms. Joan Sparkman
. Mr. Pamela Voit
. Mr. Aaron Kendrick
. Mr. Dennis Frank
Mr. Trammel, of Milgard Windows, spoke in favor of the proposed project but did express
concern with the apartments of the proposed project being located too close to Milgard
Windows, noting that the residents of the apartments could be impacted by noise from Milgard
Windows.
At this time, the public hearing was closed.
The Planning Commission expressed excitement toward the new Education Complex.
MOTION: Commissioner Chiniaeff moved to recommend that the City Council approve the
proposed project. Commissioner Olhasso seconded the motion and voice vote reflected
unanimous approval.
PC RESOLUTION NO. 2005-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA ND AGK GROUP, LLC" ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0700)"
PC RESOLUTION 2005-025
A RESOLUTION OF THE PLANNING COMMISSION OF TI'lE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPT SECTIONS
17.22.210 THROUGH 17.22.218 INCLUDING THE PDO-10 TEXT
AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY
LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD
AND DENDY PARKWAY, KNOWS AS ASSESSORS PARCEL
NO. 909-370-002".
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6
PC RESOLUTION NO. 2005-026
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 3304
5 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES INTO 15
PARCELS CONSISTING OF EIGHT COMMERCIAL PARCELS,
ONE MIXED-USE PARCEL, ONE MULTI-FAMILY RESIDENTIAL
PARCEL, THREE PARCELS FOR PUBLIC RIGHT-OF-WAY
FOR STREETS, AND TWO REMAINDER PARCELS,
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DIAZ ROAD AND DENDY PARKWAY, KNOWN AS
ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-019
(PA05-0070)."
3 Planning Application No. PA05-00B5. a Development Code amendment to ensure
consistencv with the recentlv updated General Plan. The primary modifications include the
creation of a Rural Residential Zone. amending the General Plan-Zoning District
Consistencv Table. and a revision to the Official Zoning Map to reflect changes made to the
General Plan Land Use Map bv the Citv Council
Principal Planner Hogan presented a staff report (of written record), noting that the proposed
ordinance before the Planning Commission will address the basic consistency rezoning
changes that are needed to ensure minimum consistency with the General Plan and that the
proposed ordinance will make the following initial changes to the Development Code as follows:
. Update the General Plan Land Use Designation - Zoning District Consistency Table in
the Development Code
. Create a Rural Residential Zoning District (5-acre minimum lots)
. Add a Golf Course Resort use to the Permitted Use Table for the Open Space Zones
. Create a tribal Trust District
. Amend the Official Zoning Map.
MOTION: Commissioner Chiniaeff moved to approve staffs recommendation. Commissioner
Guerriero seconded the motion and voice vote reflected unanimous approval.
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7
PC RESOLUTION NO. 2005-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PA05-0085)"
4 City-Wide Design Guidelines. to comprehensivelv update the Citv-Wide Design Guidelines.
previouslv adopted bv the Citv Council on February 25. 1997. including two new chapters:
Single-Familv Residential. and Special Standards. A new illustrated glossary of terms is
also included in the new Design Guidelines
Senior Planner Papp presented the Planning Commission with a comprehensive Update of the
City-Wide Design Guidelines (of written record).
MOTION: Commissioner Chiniaeff moved to recommend that the City Council adopt the
proposed Design Guidelines. Commissioner Guerriero seconded the motion and voice vote
reflected unanimous approval.
PC RESOLUTION NO. 2005-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A NOTICE OF EXEMPTION FOR DESIGN
GUIDELINES AND APPROVE THE COMPREHENSIVE UPDATE
OF THE CITY-WIDE DESIGN GUIDELINES
This following item was previously addressed (pages 2-5)
5 Planning Application No. PA05-0060 a Conditional Use Permit and Development Plan.
submitted bv Cassatt Academv. to construct four modular buildings. including an
administration building and three classroom buildings totaling 5.760 sguare feet on 2.39
acres. located on the northeast corner of Calle Girasol and Aussie Avenue
R:\MinutesPC\050405
8
The following item was previously addressed on (see pages 5-7).
6 PlanninQ Application No. PA04-0582 and PA05-0070. a Zone ChanQe and Development
Plan. submitted bv AGK Group. for a Zone ChanQe to chanQe zoninQ from Public
Institutional (PI) to Planned Development Overlav <PDO-10l; a Development Plan for
construction of a 170.863 SQ. fl. education complex. a 18.792 SQ. fl. research and
development buildinQ with conference center. a pad for a 16.000 SQ. fl. dav care facilitv.
retail space totalinQ 60.863 SQ. fl.. a three-story parkinQ structure with 502 parkinQ spaces.
and 288 apartment units comprisinQ 337.098 SQ. fl.. for a total of 603.616 SQ. fl.; a Tentative
Parcel Map (33405) to subdivide two lots totalinQ 40.0 acres into 15 parcels consistinQ of
eiqht commercial parcels. one commercial/residential parcel. one multi-familv residential
parcel. and three public riQht-of-wav parcels
COMMISSIONER'S REPORT
Commissioner Olhasso expressed concern with the mannequin at the Kia dealership on Ynez
Road.
PLANNING DIRECTOR'S REPORT
None at this time.
ADJOURNMENT
At 9:35 P.M., Chairman Mathewson formally adjourned this meeting to the next reQular
meetina to be held on Wednesday. Mav 18. 2005 at 6:00 P.M., in the City Council Chambers,
43200 Business Park Drive, Temecula.
Dave Mathewson
Chairman
Debbie Ubnoske
Director of Planning
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9
ATTACHMENT NO. 10
AGENDA PACKET FOR THE MAY 4, 2005 PLANNING COMMISSION HEARING
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14
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting:
May 4, 2005
Prepared by:
Stuart Fisk, AICP
Title: Associate Planner
File Number PA05-0122
PA04-0582
PA05-0070
Application Type: Development Agreement
Zone Change/Development Plan
Tentative Parcel Map (33405)
Project Description: A Development Agreement between the City of Temecula and AGK
Group, LLC, establishing certain development rights; a Zone Change to
change the zoning of the project site from Public Institutional (PI) to
Planned Development Overlay (PDO-1 0) and adopt sections 17.22.210
through 17.22.218, including the PDO text and Development
Standards; a Development Plan for the construction of a 170,863
square foot education complex, an 18,792 square foot research and
development building with a conference center, a pad for a 16,000
square foot day care facility, retail space totaling 60,863 square feet, a
three-story parking structure with 502 parking spaces, and 288
apartment units comprising 337,098 square feet, for a total of 603,616
square feet; and a Tentative Parcel Map (33405) to subdivide two lots
totaling 40.0 acres into 15 parcels consisting of eight commercial
parcels, one mixed-use parcel, one multi-family residential parcel, three
parcels for public right-of-way for streets, and two remainder parcels.
The project site is generally located at the northwest corner of Diaz
Road and Dendy Parkway, known as Assessor Parcel Nos. 909-370-
002 and 909-120-019.
Recommendation: D Approve with Conditions
D Deny
D Continue for Redesign
D Continue to:
~ Recommend Approval with Conditions
D Recommend Denial
CEQA:
D Categorically Exempt
(Class)
D Notice of Determination
(Section)
D Negative Declaration
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o Mitigated Negative Declaration with Monitoring Plan
[?,<;] EIR (Finding of Consistency with Final EIR dated March 2004)
PROJECT DATA SUMMARY
Applicant:
AGK Group, LLC
General Plan Designation:
Public Institutional Facilities (PI)
Current Zoning
Designation:
Proposed Zoning
Designation:
Public Institutional (PI)
Planned Development Overlay District 10 (Temecula Education Complex
PDO-10)
Site/Surrounding Land Use:
Site:
North:
South:
East:
West:
Lot Area:
Vacant
Vacant/Soccer Field
Light Industrial (L1)
Flood ChannelNacant
Quarry Actlvities/Vacant
40.0 Acres
Total Floor Area/Ratio .43
Education Towers:
Day Care:
Retail:
Apartments (288 units):
Research & Development with
Conference Center:
170,863 square feet
16,000 square feet
60,863 square feet
337,098 square feet
18.792 square feet
TOTAL:
603,616 square feet
Landscape Area/Coverage 26.4%
Parking Required/Provided Non-Residential: 679/1,403; Residential: 524/586
BACKGROUND SUMMARY
[?,<;] 1. Staff has worked with the applicant to ensure that all concerns have been addressed,
and the applicant concurs with the recommended Conditions of Approval.
[?,<;] 2. The attached "Project Review Worksheet" (Attachment 2) has been completed and staff
has determined that the proposed project is consistent with the General Plan, City-wide
Design Guidelines, and the Development Code.
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2
PROJECT DESCRIPTION
Development Agreement
The proposed Development Agreement establishes that the developer shall have the right to
implement the development pursuant to the Development Plan approvals and the existing
regulations, including 288 multi-family residential units and 266,518 square feet of commercial
and educational development as provided for in the Development Plan, and the City shall have
the right to control the Development in accordance with the existing regulations and the
Development Plan approval(s) ("vested right").
The Development Agreement also establishes that neither the developer nor merchant builder
shall be subject to any new or revised fees or charges, including, without limitation, Development
Impact Fees that the City may enact, adopt, or impose on or after the Agreement date. The City
shall charge Development Impact Fees for the project in the amount the City charged, in all
categories, on March 16, 2004.
Zone Change
The Zone Change is a request to change the zoning from Public Institutional (PI) to a new
Planned Development Overlay District No. 10 (Temecula Education Complex PDO-10), including
the new PDO-10 text and development standards. The PD~ document submitted with the
application allows a maximum building height of 100 feet for educational uses; allows for private
open space requirements (for the apartment units) to be met through the provision of decks
ranging in size from 61 square feet to 192 square feet; establishes permitted uses for the retail
portion of the project; and allows for parking lot landscape requirements to be met through the
use of linear planters between rows of parking (rather than through the use of landscape fingers
between parking spaces).
Development Plan
The Development Plan consists of construction of a 170,863 square foot education complex, an
18,792 square foot research and development building with a conference center, a pad for a
16,000 square foot day care facility, retail space totaling 60,863 square feet, a three-story
parking structure with 502 parking spaces, and 288 apartment units comprising 337,098 square
feet, for a total of 603,616 square feet on 40.0 acres. Fifty of the proposed apartment units will
be designated as affordable units and will receive a financial contribution from the City of
Temecula Redevelopment Agency's Housing Fund.
Site Desiqn/Architecture
The education towers (Buildings 2/3/4) are centrally located within the project site and are up to
five (5) stories and 85.0 feet in height. The total square footage for the education towers is
170,863 square feet. Consistent with the industrial park in which the project site is located, the
building is a contemporary design that incorporates the use of metal faced panels, pre-cast
concrete walls and extensive glass areas. A three-story parking structure will be located
northwest of the education towers, providing 502 parking spaces.
Retail buildings are proposed to be located on either side of the education towers. These
buildings will provide 60,863 square feet of retail space to support to the education uses and
residential uses on site. The proposed retail buildings are also a contemporary design,
incorporating canopies along the storefronts, metal roofing, and extensive glass areas.
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A research and development/conference center will be located west of the education towers.
This building continues the contemporary design theme, incorporating metal faced panels, pre-
cast concrete walls, extensive glass areas, and a metal roof into the design of the building.
Some of the building materials utilized in the commercial buildings are carried over to the
apartment buildings, including metal roof elements and metal canopies. The apartment buildings
include varying rooflines and wall planes that provide significant articulation to the buildings.
Although the design of the apartment buildings is residential, the building shapes, materials, and
colors will complement the proposed educational facilities and retail buildings proposed for the
site, resulting in an overall design for the site that is compatible with surrounding development.
Landscaoina
Perimeter landscaping will consist of a 20 to 30 foot wide bermed landscape planter along
Dendy Parkway, Diaz Road, and Cherry Street. Landscaping proposed along Dendy Parkway
consists of 24" box Purple Leaf Plum, Holly Oak, and Lambardy Poplar trees; landscaping
proposed along Diaz Road consists of 36" box, 24" box, and 15 gallon Lambardy Poplar,
Chinese Evergreen Elm, Brisbane Box, Crape Myrtle, and Southern Magnolia trees; and
landscaping proposed along Cherry Street consists of 24" box and 15 gallon Lambardy Poplar,
Holly Oak, and African Sumac trees. The perimeter landscaping along Dendy Parkway, Diaz
Road, and Cherry Street will also include an informal planting of turf and shrubs.
Tentative Parcel Map
The Tentative Parcel Map is a request to subdivide two lots totaling 40.0 acres into 15 parcels
consisting of eight commercial parcels, one mixed-use parcel, one multi-family residential parcel,
three parcels to be dedicated for public right-of-way for streets, and two remainder parcels.
Environmental Assessment
A Final Environmental Impact Report for the Temecula Education Complex (Environmental
Assessment EA-097) was approved by the City Council on March 16, 2004. Per Section 15162
of the State CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR
shall be prepared for that project unless the lead agency determines that substantial changes
are proposed or will occur, or that new information of substantial importance is available. The
proposed project substantially conforms to the conceptual plans for the Temecula Education
Complex Final EIR and no new information of substantial importance regarding the
environmental review of the project has arisen since the EIR was approved.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit.
ANALYSIS
Development Aareement
The proposed Development Agreement establishes a vested right for the developer to
implement the development pursuant to the Development Plan approvals and establishes that
neither the developer nor merchant builder shall be subject to any new or revised fees or
R:\D P\2004\Q4-0582 Temecula Education Comp1ex\PC-ST AFF REPORT.doc
4
charges. The Development Agreement also establishes that the City shall charge Development
Impact Fees for the project in the amount the City charged, in all categories, on March 16,2004.
In consideration of the implementation of the Temecula Education Center and in order to
strengthen the public financing and planning process and reduce the economic costs of
development, the Development Agreement provides assurance to the developer that the project
can proceed for the term of the Development Agreement pursuant to the terms and conditions of
the Development Agreement.
The Development Agreement is consistent with the City's General Plan and the project
implements the goals and policies of the City's General Plan, providing balanced and diversified
land uses, and imposing appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the environment within
the City.
Zone Chanae
The proposed Zone Change to PDO-10 will provide for flexibility of use beyond what the
underlying zoning currently permits, and the proposed PDO-10 will provide retail uses to support
the residential and educational facilities. The proposed PDO-10 includes text limiting building
height to 100 feet for educational uses (while the Public Institutional zone does not specify
height limits); allows for private open space requirements (for the apartment units) to be met
through the provision of decks ranging in size from 61 square feet to 192 square feet;
establishes permitted uses for the retail portion of the project; and allows for parking lot
landscape requirements to be met through the use of linear pianters between rows of parking
(rather than through the use of landscape fingers between parking spaces).
The proposed building height is consistent with the land use designation and policies specified
for Public and Institutional Facilities (PI) development in the City of Temecula General Plan.
The public and institutional facilities designation is intended for a wide range of public and
private uses, including schools, and to the extent possible, the General Plan states that public
and institutional facilities should be clustered in activity centers to reinforce other uses and
benefit from access to alternative modes of transportation. The proposed building height allows
for clustering of the educational uses to reinforce the proposed retail and residential uses and to
benefit from access to alternative modes of transportation.
The proposed private open space areas for the apartments are acceptable because outdoor
recreation areas will also be provided on site. Outdoor recreation areas include a swimming
pool and spa, volleyball court, and picnic tables with barbecues.
The proposed parking lot landscaping is acceptable because the design of the proposed internal
apartment parking area will be best served by a ring of continuous trees around the parking
area to provide shade and to provide a visual break between the apartment units and the
parking lot. Portions of the campus parking area will have parking lot landscape requirements
met through the use of linear planters between rows of parking. Staff believes this is acceptable
because the required number of trees will be provided.
Development Plan
Access/Circulation
Access to the site will be provided from three drive aisles off of Dendy Parkway, one drive aisle
off of Diaz Road, and two drive aisles off of Cherry Street. Dendy Parkway will provide access to
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5
the retail areas of the site, to the daycare site, and to the parking lot and structure for the
education towers. Diaz Road will provide access to the apartment buildings, and Cherry Street
will provide access to the parking lot and structure for the education towers, the service and
delivery areas of the retail portion of the project, and the apartment buildings. All drive aisles
have at least one connection to another drive aisle to provide looped access to and from the site.
The Public Works Department has analyzed the projected traffic impact of the project and
determined that the impacts are consistent with the traffic volumes anticipated for the site by the
Final EIR for the Temecula Education Complex. The project has been conditioned that the
applicant shall comply with the Mitigation Monitoring Program for the Temecula Education
Complex Final Environmental Impact Report (Environmental Assessment EA-097), which
contains mitigation measures related to transportation and traffic. The Fire Department has also
reviewed the plan and determined that there is proper access and circulation to provide
emergency services to the site.
The project is consistent with the parking standards as set forth in the Development Code for
education, retail, and multi-family residential facilities. Based on the Development Code parking
regulations, the non-residential portion of the site is required to provide a minimum of 679
parking spaces and 1,403 spaces have been provided. For the residential portion of the project,
524 spaces are required and 586 spaces have been provided.
Site Desion/Architecture
The site design and architecture, as conditioned, complies with the Development Code and
Design Guidelines. The project site is designed in a manner that complies with the development
standards and the architectural design meets the intent of the Design Guidelines. The colors
and materials are consistent with the surrounding industrial development and contemporary
architectural style proposed by the applicant. The applicant has provided a variety of quality
building materials, incorporated various angles and off-sets into the building designs, and has
provided for significant window areas on the buildings, all of which contribute to virtually
eliminating the blank wall appearance. The metal clad lobby/elevator area and water feature
between the education towers adds interest from Dendy Parkway and reduces the massing by
providing separate features between the towers.
Landscapino
The proposed landscape plan, as conditioned, complies with the Development Code and Design
Guidelines. The project is consistent with the 25% required landscape area (26.4% proposed).
The project has been conditioned that the tree sizes for the overall site will include 20% 36-inch
box, 30% 24-inch box, and 50% 15 gallon. The applicant has proposed and is conditioned to
provide landscape berms adjacent to public streets to screen the parking lots.
Tentative Parcel Map (33405)
The proposed Tentative Parcel Map would subdivide two lots totaling 40.0 acres into 15 parcels
consisting of eight commercial parcels, one mixed-use parcel, one multi-family residential parcel,
three parcels for public right-of-way for streets, and two remainder parcels. The proposed
Tentative Parcel Map has been conditioned to be consistent with the Development Standards of
PDO-10 and the Subdivision Ordinance, including minimum net lot area, minimum lot frontage
on a street, minimum lot width at required front setback area, and minimum lot width and depth.
The parcels are adequately configured to allow for the placement of the proposed buildings in
compliance with front yard, interior side yard, and rear yard setbacks as specified in PDO-10.
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ENVIRONMENTAL DETERMINATION
~ 1. A Final Environmental Impact Report for the Temecula Education Complex
(Environmental Assessment EA-097 was approved by the City Council on March 16,
2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has been
certified for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines that substantial changes are proposed or will occur, or that new
information of substantial importance is available. The proposed project substantially
conforms to the conceptual plans for the Temecula Education Complex Final EIR and
no new information of substantial importance regarding the environmental review of the
project has arisen since the EIR was approved. Therefore, the project has been
conditioned to comply with the mitigation measures identified in the Temecula Education
Complex Final EIR. These mitigation measu'res are summarized below and are
attached to the Development Plan Conditions of Approval and the Tentative Parcel Map
Conditions of Approval.
IMPACT
Geology and Soils
Hydrology and Water
Quality
Noise
Paleontological
Resources
MITIGATION
A comprehensive geotechnical investigation shall be required prior to
design development of structures.
The developer shall file a Notice of Intent to obtain coverage under
the State construction program per NPDES, prepare a SWPPP for
the site, and implement BMPs.
The developer shall submit a grading and erosion control plan to the
Deoartment of Public Works for aODroval.
That portion of the site within the 1 OO-year flood hazard area shall be
elevated and the FEMA FIRM map shall be revised to reflect removal
of the project site from the hazard maps after the site is modified by
aradina.
All severe noise (sources above 90 dBA) shall be restricted to hours
between 7 a.m. and 6 p.m.
All occupied properties within 800 feet of the project site shall be
notified of severe noise generating activity and a noise
complainVresponse program established. If complaints are received,
noise barriers shall be installed.
If pile driving or comparable noise/vibration activities will occur during
construction, businesses within one-quarter mile shall be notified prior
to initiating such activity.
Noise levels during concerts shall be controlled such that the nearest
sensitive receptor is not exposed to continuous noise levels of 65
dBA and momentary noise levels at the receptor shall not exceed 80
dBA.
During excavation and hill-side cutting activities, a qualified
paleontological monitor shall be present and have the authority to
stop and redirect grading to evaluate any resources exposed during
grading. If resources are encountered, adequate funding will be
provided to collect, curate and report on these resources.
R:\D P\2004\04-0582 Temecula Education Complex\PC-ST AFF REPORT-doc
7
Air Quality
TransportationfTraffic
Hazards
Cultural Resources
Comply with AQMD regulations, maintain waste enclosures, comply
with hazardous waste regulations, plant native drought resistant
landscaping, water site during grading for dust control, Fugitive Dust
Control Plan is required.
Participate in fair share basis to the installation of traffic signals when
warranted at:
Diaz Road @ Dendy Parkway
Diaz Road @ Remington Avenue
Diaz Road at Zevo Drive
Development shall include an on site mass transit facilitv or center.
Developer shall retain an industrial hygiene firm to respond to any
discovery of soil contaminating during grading.
Prior to occupancy, developer shall submit an evacuation plan for the
education complex to the Citv Fire Department and receive approval.
The developer shall retain an archaeological consultant and tribal
monitors to prepare and implement a plan for data recovery.
The developer shall implement a mitigation plan for cultural resources
in consultation between City staff, the Pee hang a Band of Luisefio
Mission Indians representatives, and the archaeological consultant
for the project.
Grading shall be monitored by a qualified archaeologist and Tribal
monitors designated by the Pechanga Band of Luisefio Mission
Indians.
Prior to issuance of a grading permit, the developer shall enter into an
Aareement with the Pechanqa Band of Luisefio Mission Indians.
CONCLUSION/RECOMMENDATION
Staff has reviewed the proposed project and has identified design elements needing further
review by staff. These elements include an outdoor lighting plan indicating the location and
design of all outdoor lighting on the site (Condition no. 29); an outdoor furniture plan (Condition
no. 33); inclusion of motorcycle and bicycle parking facilities per Section 17.24.040 of the
Development Code (Condition nos. 34 & 35); a sign program (Condition no. 36); design details
for the water feature to be located at the south elevation of Building 3 (Condition no. 37); and the
proposed locations, numbers, genus, species, and container sizes for all shrubs and ground
covers (Condition no. 41 .d). Staff has also included a condition that the applicant shall comply
with the Mitigation Monitoring Program for the Temecula Education Complex Final
Environmental Impact Report (Environmental Assessment EA-097).
The proposed project provides a multitude of benefits and services that are needed within the
community. The project is considered an economic benefit because the City will now have a
continuing education facility that will help to support the needs of businesses within the
community. In addition, continuing education is a desired element that is sought after by
companies looking to establish themselves and/or relocate to the City of Temecula.
Planning Staff recommends that the Planning Commission recommend that the City Council
approve Planning Application Nos. PA04-0582 and PA05-0070 based upon the findings and the
attached Conditions of Approval. I
R:\D P\2004\04-0582 Temecula Education Complex\PC-STAFF REPORTdoc
8
FINDINGS
1. Development Agreement
a. The Development Agreement and the project, as defined in the Development
Agreement, implement the goals and policies of the City's General Plan, provide
balanced and diversified land uses, and impose appropriate standards and
requirements with respect to land development and usage in order to maintain the
overall quality of life and the environment within the City.
b. The City has engaged in studies and review of the potential impacts of the Project
as well as the various potential benefits to the City by the development of the
Project and concluded that the Project is in the best interests of and is not
detrimental to the health, safety and general welfare of the City.
c. The Development Agreement is consistent with the City's General Plan, and each
Element thereof.
d. The Development Agreement is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867.
2. Zone Change
The Planning Commission, in recommending approval of Planning Application No. PA04-
0582 (Zone Change) hereby makes the following findings:
a. The proposed Zone Change is consistent with the land use designation of the
General Plan of the City of Temecula in which the use is located, as shown on the
Land Use Map. The site is physically suitable for the type of uses proposed for
the project site, and the proposed Zone Change would further the City's long-term
economic development goals.
b. The proposed Zone Change conforms to the General Plan and the use is in
conformance with the goals, policies, programs, and guidelines of the elements of
the General Plan. The proposed Zone Change allows for a use that will provide
the diversity of uses desired in the General Plan and will create a balanced
community with additional educational and housing opportunities available to the
community.
3. Development Plan (Code Section 17.05.010.F)
The Planning Commission, in recommending approval of Planning Application No. PA04-
0582 (Development Plan) hereby makes the following findings as required by Section
17.05.01 O.F of the Temecula Municipal Code:
a. The proposal is consistent with the land use designation and policies reflected for
Public and Institutional Facilities (PI) development in the City of Temecula
General Plan and with all applicable requirements of state law and other
ordinances of the City. As designed and conditioned, it has been determined that
the project is consistent with all applicable zoning ordinances, state law and the
General Plan.
b. The proposed architecture and site layout for the project has been reviewed by
the Building Department, Fire Prevention Bureau, and Public Works. The
proposed project has met performance standards in regards to circulation,
R:\D P\2004\04-0582 Temecula Education Complex\PC-STAFF REPORT.doc
9
architectural design, and site plan design. The project has been reviewed for,
and as conditioned, has been found to be consistent with all applicable policies,
guidelines, standards and regulations intended to ensure that the development
will be constructed and function in a manner consistent with the public health,
safety and welfare.
4. Tentative Parcel Map (Code Section 16.09.140)
That the Planning Commission, in recommending approval of the Application, hereby
recommends the following findings as required in Section 16.09.140 of the Temecula
Municipal Code:
a. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, Subdivision Ordinance, General Plan,
and the City of Temecula Municipal Code because the proposed subdivision map
is consistent with the development standards within the Development Code,
Subdivision Ordinance, and General Plan.
b. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the
land subject to a Land Conservation Act contract.
c. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
d. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of approval, is not likely to cause significant environmental
damage or substantially and avoidably injure fish or wildlife or their habitat. There
are no known fish, wildlife or habitat on the project site, and the project is not
anticipated to affect any fish, wildlife or habitat off-site. Furthermore, a Final
Environmental Impact Report has been prepared and certified prior to action on
the Application;
e. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems.
f. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible.
g. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property
within the proposed subdivision, or the design of the alternate easements which
are substantially equivalent to those previously acquired by the public will be
provided.
h. The subdivision is a commercial/residential project. The commercial portion of
the project is not subject to Quimby fees. The project has been conditioned that
for the residential portion of the project, the developer shall satisfy the City's park
land dedication (Quimby) requirement through the payment of in-lieu fees
equivalent to 2.62 acres of park land, based upon the City's then current land
evaluation. Said requirement includes a 25% credit for private recreational
opportunities provided on-site and based on 288 residential units. The in-lieu fee
shall be pro-rated at a per-dwelling-unit cost prior to the issuance of each
residential building permit requested.
R:\D P\2004\04-0582 Temecula Education Complex\PC-ST AFF REPORTdoc
10
ATTACHMENTS
1 . Plan Reductions - Blue Page 12
2. PC Resolution No. 2005-_ (Development Agreement) - Blue Page 13
Exhibit A - City Council Ordinance No. 05-_
3. PC Resolution No. 2005-_ (Zone Change) - Blue Page 14
Exhibit A - City Council Ordinance No. 05-_
4. PC Resolution No. 2005-_ (Development Plan) - Blue Page 15
Exhibit A - City Council Resolution 05-_
5. PC Resolution No. 2005-_ (Tentative Parcel Map) - Blue Page 16
Exhibit A - City Council Resolution 05-
R:\D P\2004\04-0582 Temecula Education Complex\PC-ST AFF REPORT.doc
II
ATTACHMENT NO.1
PLAN REDUCTIONS
R:\D 1'\2004\04-0582 Temecula Education Complex\PC-ST AFF REPORT-doc
12
P A04-0582
Vicinity Map
Temecula Education Complex
PA04-0582 & PA05-0700
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ATTACHMENT NO.2
PC RESOLUTION NO. 2005-_
(DEVELOPMENT AGREEMENT)
R:\D P\2004\Q4-0582 Temecula Education Complex\PC-STAFF REPORT.doc
13
PC RESOLUTION NO. 2005-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC" ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0070)".
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application No,
PA05-0112, Development Agreement; PA04-0582, Zone Change and Development Plan; and
PA05-0070, Tentative Parcel Map, which applications are hereby incorporated by reference, for
the property consisting of approximately 40.0 acres, generally located at the northwest corner of
Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002 ("Projecf'); and
WHEREAS, the Appiication was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law, including the California Environmental
Quality Act; and,
WHEREAS, the Planning Commission considered the Application on May 4, 2005, 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; and
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended the City Council approve the Project subject to
and based upon the findings set forth hereunder;
WHEREAS, The Planning Commission adopted Resolution No. 2005-30, recommending
that the City Council approve a Development Agreement;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City Council
approve the Project after finding that the proposed project conforms to the General Plan;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findinas_ The Planning Commission, in recommending approval of
Planning Application No, PA05-0112 (Development Agreement) hereby makes the following
findings:
A. The Development Agreement and the project, as defined in the Development
Agreement, implement the goals and policies of the City's General Plan, provide balanced and
diversified land uses, and impose appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the environment within
the City.
R;\D P\2004\04-0582 TemecuJa Education Complex\Development Agreement\Draft PC DA Reso.do<.:
I
B, The City has engaged in studies and review of the potential impacts of the
Project as well as the various potential benefits to the City by the development of the Project
and concluded that the Project is in the best interests of and is not detrimental to the health,
safety and general welfare of the City.
C, The Development Agreement is consistent with the City's General Plan, and
each Element thereof,
D. The Development Agreement is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867
Section 2. Recommendation. The Planning Commission of the City of Temecula
hereby recommends that the City Council adopt Ordinance 05-_, approving the Development
Agreement for the Temecula Education Center in the form attached in Council Ordinance
Exhibit A.
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 4th day of May 2005_
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2005-30 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 4th day of May 2005, by the
following vote of the Commission:
AYES:
5 PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson, Olhasso,
Telesio
NOES: 0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\D P\2004\04-0582 Temecula Education Complex\Development Agreement\Draft PC DA Reso.doc
2
EXHIBIT A
PROPOSED CITY COUNCIL ORDINANCE NO. 05-_
(DEVELOPMENT AGREEMENT)
R:\D P\2004\04-0582 Temecula Education Complex\Development Agreement\Draft PC DA Reso.doc
3
ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC", ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0700).
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA05-0112, Development Agreement; PA04-0582, Zone Change and Development Plan; and
PA05-0070, a Tentative Parcel Map for the property consisting of approximately 40.0 acres
generally located at the northwest comer of Diaz Road and Dendy Parkway, known as Assessor
Parcel No, 909-370-002; and
WHEREAS, Govemment Code Section 65864 authorizes the City to enter into binding
development agreements with persons having legal or equitable interests in real property for the
development of such property in order to, among other matters: ensure high quality
development in accordance with comprehensive plans; provide certainty in the approval of
development projects so as to avoid the waste of resources and the escalation in the cost of
housing and other development to the consumer; provide assurance to the applicants for
development projects that they may proceed with their projects in accordance with existing
policies, rules and regulations and subject to conditions of approval, in order to strengthen the
public planning process and encourage private participation in comprehensive planning and
reduce the private and public economic costs of development; and provide for economic
assistance to Owner for the entitlements authorizing development related improvements.
WHEREAS, the applications for the Project were processed and an environmental
review was conducted as required by law, including the Califomia Environmental Quality Act;
and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project and environmental review, at
which time the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to this matter; and
WHEREAS, following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning Commission
adopted Resolution No. 2005-_, recommending that the City Council approve a Development
Agreement for the Temecula Education Center for property generally located at the northwest
comer of Diaz Road and Dendy Parkway, known as Assessor Parcel No, 909-370-002; and
WHEREAS, on , 2005 the City Council of the City of Temecula held
a duly noticed public hearing on the Project at which time all persons interested in the Project
had the opportunity and did address the City Council on these matters; and
WHEREAS, at the conclusion of the City Council hearing and after due consideration of
the testimony, the City Council approved the Development Agreement for the Project subject to
and based upon the findings set forth hereunder;
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WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2, The City Council, in approving the Development Agreement proposed in
Planning Application PA05-0112, hereby makes the following findings:
A The Development Agreement and the project, as defined in the Development
Agreement, implement the goals and policies of the City's General Plan, provide balanced and
diversified land uses, and impose appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the environment within
the City.
B. The City has engaged in studies and review of the potential impacts of the
Project as well as the various potential benefits to the City by the development of the Project
and concluded that the Project is in the best interests of and is not detrimental to the health,
safety and general welfare of the City,
C. The Development Agreement is consistent with the City's General Plan, and
each Element thereof.
D. The Development Agreement is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment 104) was approved by the City
Council on March 16,2004. Per Section 15162 of the State CEQA Guidelines, when an EIR
has been certified for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines that substantial changes are proposed or will occur, or that new
information of substantial importance is available. The proposed project substantially conforms
to the conceptual plans for the Temecula Education Complex Final EIR and no new information
of substantial importance regarding the environmental review of the project has arisen since the
EIR was approved. Therefore, the City Council finds that the proposed project is consistent with
the Final EIR for the Temecula Education Complex,
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. The City of Temecula City Council hereby approves the Development
Agreement proposed in Planning Application PA05-0112 to establish a vested right for the
developer to implement the development pursuant to the Development Plan approvals; to
establish that neither the developer nor merchant builder shall be subject to any new or revised
fees or charges; and to establish that the City shall charge Development Impact Fees for the
project in the amount the City charged, in all categories, on March 16, 2004, for a site generally
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located at the northwest corner of Diaz Road and Dendy Parkway, known as Assessor Parcel
No. 909-370-002, in the form attached to this Ordinance as Exhibit A.
Section 5. Severabilitv, If any sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance, The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction
shall hoid any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 7. Effective Date, This Ordinance shall be in full force and effect thirty (30)
days after its passage, The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 8. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
_ day of _, 2005,
Jeff Comerchero, Mayor
ATTEST:
Susan W, Jones, CMC
City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the _ day of , 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the _
day of , 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
Susan W, Jones, CMC
City Clerk
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EXHIBIT A
DEVELOPMENT AGREEMENT
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DEVELOPMENT AGREEMENT
By and Between
THE CITY OF TEMECULA,
City,
and
A.G. KADING (Corp. Name)
Owner.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the
_ day of , 2005 ("Agreement Date"), by and between AGK Group, LLC, a
Limited Liability Company ("KADING" or "OWNER"), and the CITY OF TEMECULA, a
municipal corporation, organized and existing under the laws of the State of California
(hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869,5 of the
California Government Code and Article XI, Section 2 of the California Constitution.
RECITALS
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain capitalized terms which are
defined in this Agreement. The parties intend to refer to those definitions in conjunction
with the use thereof in these Recitals.
B. The Development Agreement Legislation authorizes the CITY to enter into
binding development agreements with persons having legal or equitable interests in real
property for the development of such property in order to, among other matters: ensure
high quality development in accordance with comprehensive plans; provide certainty in
the approval of development projects so as to avoid the waste of resources and the
escalation in the cost of housing and other development to the consumer; provide
assurance to the applicants for development projects that they may proceed with their
projects in accordance with existing policies, rules and regulations and subject to
conditions of approval, in order to strengthen the public planning process and
encourage private participation in comprehensive planning and reduce the private and
public economic costs of development; assist in the financing of public improvements;
protect against initiatives, moratorium (processing or development) and other actions
inconsistent with the Project anticipated by this Agreement; assure reimbursement of
OWNER in accordance with the terms of this Agreement and state and federal law; and
provide for economic assistance to OWNER for the entitlements authorizing
development related improvements,
C. KADING is, or will be the owner of certain real property within the City of
Temecula, the County of Riverside, State of California ("KADING Property"), as more
particularly described in Attachment "1", including a plat graphically depicting each
respectively, OWNER desires to develop the Property in accordance with the
provisions of this Agreement, the Existing Regulations and those regulations of other
agencies exercising jurisdiction upon the project. The Scope of Development of the
Property as contemplated by this Agreement is described below,
D, OWNER has applied for, and the CITY has agreed to, this Agreement in
order to create a beneficial project and a physical environment that will conform to and
complement the goals of the CITY, create a development project sensitive to human
needs and values, facilitate efficient traffic circulation, and develop the Property. As
part of the process of granting this entitlement, the City Council of the CITY has
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required the preparation of and has certified the Project EIR in order to identify any
significant environmental effects arising from the Development and has otherwise
carried out all requirements of the California Environmental Quality Act ("CEQA") of
1970, as amended,
E,
Project:
The following actions were taken with respect to this Agreement and the
1, On " following a duly noticed and
conducted public hearing, the City Planning Commission recommended that the City
Council approve this Agreement, the General Plan amendment, the Specific Plan,
Rezone and Tentative Map No, , by adoption of its Resolution No, and
making the findings of fact thereto;
2. On , after a duly noticed public hearing and
pursuant to CEQA, the City Council certified the Project EIR and adopted the Mitigation
Monitoring and Reporting Program by adoption of its Resolution No. and making
the findings of fact thereto;
3, On , after a duly noticed public hearing, the City
Council determined that the provisions of this Agreement are consistent with the
General Plan of the CITY by adoption of its Resolution No, and making the
findings of fact thereto;
4, On , after a duly noticed public hearing, the City
Council approved the Specific Plan, the General Plan amendment, the Rezone and
Tentative Map No, by adoption of its Resolution No,
Ordinance No, _ and making the findings of fact thereto;
5, On , after a duly noticed public hearing, the City
Council introduced Ordinance No. approving and authorizing the execution of
this Agreement and on , the City Council adopted the Ordinance, a
copy of which is on file with the City Clerk of the CITY, and the findings and conditions
pertaining thereto,
F, The CITY has engaged in extensive studies and review of the potential
impacts of the Project under the California Environmental Quality Act and all applicable
Existing Regulations, as well as the various potential benefits to the CITY by the
development of the Project and concluded that the Project is in the best interests of the
CITY.
G. In consideration of the substantial public improvements and benefits
already provided and those to be provided by OWNER and the Project, as described in
Attachment 2, in further consideration of the benefits that will inure to the CITY in
conjunction with the implementation of the Project and in order to strengthen the public
financing and planning process and reduce the economic costs of development, by this
Agreement, the CITY intends to give and by this Agreement gives, OWNER assurance
that OWNER can proceed with the Development of the Project for the Term of this
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Agreement pursuant to the terms and conditions of this Agreement and in accordance
with the Development Plan Approval(s) and the Existing Regulations. In reliance on the
CITY's covenants in this Agreement concerning the Development of the Property,
OWNER has and will in the future incur substantial indebtedness, as well as costs in
planning, engineering, site preparation and the construction and installation of major
infrastructure and facilities that OWNER would not incur but for the covenants of CITY
provided in this Agreement.
H. Pursuant to Section 65867,5 of the Development Agreement Legislation,
the City Council has found and determined that: (i) this Agreement and the
Development Plan Approval(s) implement the goals and policies of the CITY's General
Plan and the Specific Plan, provide balanced and diversified land uses and impose
appropriate standards and requirements with respect to land development and usage in
order to maintain the overall quality of life and the environment within the CITY, (ii) this
Agreement and the Project are in the best interests of and not detrimental to the public
health, safety and general welfare of the CITY and its residents; (iii) adopting this
Agreement is consistent with the CITY's General Plan and constitutes a present
exercise of the CITY's police power; and (iv) this Agreement is being entered into
pursuant to and in compliance with the requirements of Section 65867 of the
Development Agreement Legislation,
I. The CITY and OWNER agree that it may be beneficial to enter into
operating memoranda, additional agreements or to modify this Agreement with respect
to the implementation of the separate components of the Project when more information
concerning the details of each component is available, and that this Agreement should
expressly allow for such contemplated operating memoranda, additional agreements or
modifications to this Agreement.
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Legislation, pursuant to Article XI, Section 2 of the California Constitution,
and in consideration of the foregoing recitals of fact, all of which are expressly
incorporated into this Agreement, the mutual covenants set forth in this Agreement, the
parties agree as follows:
1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1 shall,
for all purposes of this Agreement, or any supplemental agreement, and any certificate,
opinion or other document herein mentioned, have the meanings herein specified. All
references herein to "Articles," "Sections" and other subdivisions are to the
corresponding Articles, Sections or subdivisions of this Agreement, and the word
"herein," "hereof," "hereunder" and other words of similar import refer to this Agreement
as a whole and not to any particular Article, Section or subdivision hereof,
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"Agreement Date" means , 2005, the date of the second
introduction and reading of the Authorizing Ordinance by the City Council.
"Authorizing Ordinance" means Ordinance No.
this Agreement.
of the CITY approving
"CITY" means the City of Temecula, a California municipal corporation, duly
organized and existing under the Constitution and laws of the State of California, and all
of its officials, employees, agencies and departments and assignees or successors.
"City Council" means the duly elected and constituted City Council of the CITY,
"Develop" or "Development" or "Developing" means the improvement of the
Property for purposes consistent with the Development Plan, including, without
limitation: subdividing, grading, the construction of infrastructure and public facilities
related to the Off-Site Improvements, the construction of structures and buildings and
the installation of landscaping, all in accordance with the phasing provided for herein,
"Development Agreement Legislation" means Sections 65864 through
65869,5 of the California Government Code as it exists on the Agreement Date,
"Development Impact Fees" or "DIF" means, individually and in the aggregate,
the CITY's currently adopted development impact fees as set forth in Ordinance No. 97-
09 in effect as of the Agreement Date as set forth in the Temecula Municipal Code in
"Development Plan" means the plan for Developing the Property contained in
this Agreement, the City of Temecula General Plan as amended on ,
2001 and as thereafter amended in accordance with Section 3.6 hereof, the Project EIR
(including Mitigation Monitoring Program) and those Future Development Approvals,
approved in conformance with Section 3,7 hereof.
"Development Plan Approval(s)" means the approvals of the City Council and
other governmental agencies and other actions and agreements described in
Attachment 2 hereto, including those amendments to this Agreement made in
accordance with Section 3.5, those amended to the Development Plan Approvals made
in accordance with Section 3,6 and those Future Development Approvals made in
accordance with Section 3,7,
"Development Transferee" means a person or entity that expressly assumes
obligations under this Agreement pursuant to Section 2,5 hereof,
"Effective Date" means the date the Authorizing Ordinance becomes effective,
"Existing Regulations" means those ordinances, rules, regulations and official
policies of the CITY other than the Development Plan Approval(s) in effect on the
Agreement Date, which govern the permitted uses of the Property, building heights, the
size of structures, the density and intensity of use of the Property, the timing, fees, and
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conditions to Development, exactions, assessments, the procedures for, and types of,
permits required for the Development, the provisions for reservation or dedication of
land for public purposes and the design, improvement and construction standards and
specifications applicable to the Property and the infrastructure required for the
Development.
"Future Development Approvals" means those entitlements and approvals that
are: (a) made in accordance with Section 3,7; and (b) requested by the CITY or
OWNER in order to authorize the Development to occur upon the Property in a manner
consistent with the Development Plan Approval(s), By way of enumeration, and not
limitation, the Future Development Approvals include actions such as development
plan review, tentative maps, final maps, use permits, variances, grading permits,
occupancy permits and building permits,
"KADING" means AGK Group, LLC, 35411 Paseo Viento, Capistrano Beach,
CA, 92624.
"KADING Development" means the Development located on the OWNER
Property, and Public Infrastructure Improvements related thereto.
"KADING Property" means that certain real property that is part of the Property,
as described in Attachment 1 hereto and subject to refinement upon recordation of the
final "A" map.
"Merchant Builder" means a buyer, assignee, or transferee (other than the
OWNER or any End User) of one or more individual lots or tracts of the Project,
acquiring such lots or tracts for the purpose of engaging in the business of developing,
improving, or using such lots or tracts for development.
"OWNER" is KADING and others who subsequently are assigned the rights and
obligations of OWNER pursuant to Section 2.5 hereof.
"Planning Commission" means the duly appointed and constituted planning
commission of the CITY,
"Project" means the development of the Property as set forth in the
Development Plan Approval(s),
"Project EIR" means that environmental impact report prepared for the Project,
as certified on March 16, 2004,
"Property" means that certain real property described in Attachment 1 hereof.
"Term" means the time frames set forth in Section 2.3.
2. General Provisions.
2.1 Bindina Covenants. Except as otherwise provided for in this Agreement,
the provisions of this Agreement to the extent permitted by law, constitute covenants
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which shall run with the Property for the benefit thereof, and the benefits and burdens of
this Agreement shall bind and inure to the benefit of the parties, all successors in
interest to the parties hereto to the extent provided for in this Agreement.
2.2 Interest of OWNER. OWNER represents that OWNER owns fee simple
interest in the Property,
2.3 Term. This Agreement shall become effective on the Effective Date,
Unless terminated pursuant to Section 2.4, with respect to the KADING Property, this
Agreement shall terminate at 11 :59 p.m. on the tenth (10th) anniversary of the Effective
Date of this Agreement. The termination shall occur subject to specific extensions,
force majeure, revisions, and termination provisions of this Agreement.
2.4 Termination.. This Agreement shall be deemed terminated and of no
further effect, except for those covenants and agreements that expressly survive
termination, upon the occurrence of any of the following events:
2.4.1 If termination occurs pursuant to any specific provIsion of this
Agreement, including, without limitation, a termination in the event of default;
2.4.2 Completion of the total build-out of the Development pursuant to
the terms of this Agreement and the CITY's issuance of all required occupancy permits
and acceptance of all dedications and improvements required to complete
Development; or
2.4.3 Entry after all appeals have been exhausted of a final judgment or
issuance of a final order directed to the CITY as a result of any lawsuit filed against the
CITY to set aside, withdraw, or abrogate the approval of the City Council of this
Agreement.
2.4.4 The expiration of the Term as set forth in Section 2,3.
To provide notice to all, and not as a condition of the effectiveness of a
termination of this Agreement, the parties agree to execute and record terminations of
or releases of this Agreement.
2.5 Transfers and AssiQnments.. OWNER's reputation, resources and
corporate history are a material component of CITY's decision to enter into this
Agreement. The CITY, but for the factors attributable to OWNER, would not have
agreed to the terms and conditions set forth in this Agreement. In light of such reliance
CITY desires to be provided assurances in regards to any successor to OWNER's
rights, duties and obligations which arise, directly or indirectly, under this Agreement.
CITY also does not desire to unduly intervene in OWNER's business affairs, In order to
satisfy the goals and objectives of CITY, and to allow the OWNER reasonable freedom
in regards to its business affairs, CITY and OWNER agree to the following provisions
regarding transfers and assignments,
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2.5.1 Assignments and/or Transfers Involving No Assignment or
Transfer of Specified Rights, Duties and Obligations Under the Development
Agreement. OWNER, at any time and from time to time, may transfer to any person,
firm or entity that lawfully capable of assuming the same, any interest the OWNER may
possess in the Property or the Development Plan, without the prior approval of CITY
provided that, prior to the completion of the transaction which shall result in the transfer
or assignment of the subject interest OWNER shall cause the following to occur:
(i) OWNER shall give written notice to CITY of the proposed
assignment or transfer, including the name of the transferee or assignee, the business
address, facsimile number, telephone number and email address of the transferee or
assignee, a reasonably detailed description of the interest being transferred or assigned
and the anticipated date of the transfer.
(ii) OWNER's legal counsel shall deliver a formal written
opinion, for benefit of CITY and with the purpose of CITY's reliance on the same for all
purposes, that no rights, duties or obligations of OWNER relating to the Additional
Benefits, the Connecting Arterials, the Interchange Improvements, the Off-Site
Improvements and those matters set forth on the Attachments to the Agreement, and
the timely and complete development thereof, are being transferred or assigned as a
result of the transaction,
In the event OWNER cannot provide the documents set forth in Subsection
2,5.1 (i) and 2,5,1 (ii) in the time frame required, OWNER shall obtain CITY's prior written
consent, which shall not be unreasonably withheld. The transferees and assignees
identified pursuant to this subsection shall be referenced as "Non-Obligation
AssigneesfT ransferees,"
2.5.2 Assignments and/or Transfers Involving the Assignment or
Transfer of Certain Specified Rights, Duties and Obligations Arising Under the
Development Agreement. OWNER, at any time and from time to time may desire to
transfer to another the OWNER's rights, duties and obligations arising under and from
the Development Agreement in regards to the promises and performances in regards to
the Additional Benefits, the Connecting Arterials, the Interchange Improvements, the
Off-Site Improvements and those matters set forth on the Attachments to the
Agreement. The requirements attendant to the assignment or transfer are:
(i) Prior to the completion of the assignment or transfer the
OWNER shall deliver to CITY the information defined in Subsection 2.5.1 (i) above,
(iI) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY a duplicate of the instrpment by which the subject rights
duties and obligations are to be assignee or transferee including a description of the
security being offered CITY to ensure the completion of the rights, duties and
obligations.
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(iii) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY a proposed opinion prepared by the assignees or
transferees legal counsel, to the benefit of CITY which both identifies with particularity
those rights, duties and obligations under the Development Agreement to be assumed
by the assignee or transferee and which unequivocally acknowledges that the assignee
or transferee is bound by the terms of the Development Agreement and acknowledges
the CITY may enforce the Development Agreement against such Party.
(iv) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY an estoppel certificate, at no cost to CITY, wherein
OWNER specified and acknowledges those obligations under the Development
Agreement which OWNER has retained,
(v) CITY shall promptly review the documents submitted, at
such time all of the documents are received by CITY and shall thereafter provide a
written response to OWNER, CITY shall limit its review to the determination of (a) is the
security for the subject performances reasonably adequate to cause the subject rights,
duties and obligations to be completed as required by the Agreement and b) do the
documents reasonably provide the information and conform to the standards and
requirements expected of such instrument when the same is prepared by a competent
legal practitioner. CITY shall deliver its written review, including the changes CITY
requires as a precondition to the issuance of its consent, to OWNER. In the event
CITY's requests are accepted by OWNER, a duplicate set of the execution ready
documents shall be provided to CITY prior to the close of the transaction for the
purpose of CITY confirming all changes were correctly made therein, CITY shall
thereafter be provided final, executed duplicates of the items described in Subsection
2,S,2(ii), (iii), and (iv) above concurrently with the completion of the transaction
effectuating the assignment or transfer. The assignee or transferee shall be referenced
as the "Development Transferee with Obligations,"
2.5.3 Effect of Assignment or Transfer, Unless expressly set forth to
the contrary in this Agreement CITY shall require OWNER to perform all promises,
duties and obligations set forth in the Development Agreement with the sole exception
of those which CITY has consented to be assigned or transferred to a development
Transferee with Obligations. CITY shall look only to the Development Transferee to
perform the obligations such party is obligated to perform,
3. Development Provisions,
3.1 Vestina.
3.1.1 Project. CITY covenants that OWNER has, and OWNER shall
have, the right to implement the Development pursuant to the Development Plan
approvals and the existing regulations, including, without limitation, 288 multi-family residential
units and 266,518 square feet of commercial and educational development as provided for in
the Development, and the CITY shall have the right to control the Development in
accordance with the Existing Regulations and the Development Plan Approval(s)
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("vested right"). Except as otherwise expressly specified in this Agreement, the
Development Plan Approval(s) shall control the design and development. and review
and approval of all Future Development Approvals and all Off-Site Improvements and
appurtenances in connection therewith. Except to the extent it has been amended,
canceled, modified or suspended in accordance with the terms of this Agreement, this
Agreement shall be enforceable by OWNER or its assignees notwithstanding any
change in any Existing Regulation,
3.1.2 Limits on Development. The California Supreme Court held in
Pardee Construction Companv v. Citv of Camarillo. 37 Cal.3d 465 (1984). that the
failure of the parties to address certain limits on a CITY's ability to condition. restrict or
regulate a development allowed a later adopted initiative to restrict the development.
This Agreement cures that deficiency by expressly addressing the timing for the
Development, the vested rights afforded by this Agreement and the scope of the CITY's
Reserved Authority, Except as expressly set forth in the Development Plan Approval(s),
regardless of any future enactment. by initiative, or otherwise, OWNER shall have the
discretion to develop the Development in such order, and at such rate, in one phase or
in multiple phases. at such times as OWNER deems appropriate within the exercise of
its subjective business judgment. Specifically, the CITY agrees that OWNER shall be
entitled to apply for and receive the Future Development Approvals and to develop and
use the Property at any time during the term of this Agreement, provided that such
application is made and such development occurs in accordance with this Agreement,
the other Development Plan Approval(s) and the Existing Regulations, The CITY
covenants that no Existing Regulation purports to limit the scope, rate or timing of
Development or alter the sequencing of Development in a manner inconsistent with the
Development Plan Approval(s), No future amendment of any CITY law. or future
adoption of any CITY law or other action. that purports to limit the scope. rate or timing
of Development on the Property or alter the sequencing of the Development, in a
manner inconsistent with the Development Plan Approval(s), whether adopted or
imposed by the City Councilor through the initiative or referendum process. shall apply
to the Property, In particular, but without limiting any of the foregoing. no numerical
restriction shall be placed by CITY on the number of dwellings units or amount of
commercial development that may be built in any particular year on any portion of the
Property other than permitted by this Agreement.
3.1.3 Entitlements, Permits and Approvals - Cooperation.
3.1.3.1 Processing, CITY agrees that it shall accept and
expeditiously process, pursuant to CITY's regular procedures, OWNER's applications
for amendments to this Agreement, amendments to the Development Plan Approval(s)
and the Future Development Approvals,
3.1.3.2 Further Mitigation. In connection with the issuance of
any Future Development Approvals which are subject to review under CEQA. unless
required under the California PUblic Resource Code and the Guidelines promulgated
thereunder, the CITY shall not impose any environmental land use project alternatives
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or mitigation measures on OWNER or the Property beyond those referenced in the
Development Plan Approval(s),
3.1.3.3 Other Permits. The CITY further agrees to reasonably
cooperate with OWNER, at no cost to the CITY, in securing any County, State and
Federal permits or authorizations which may be required in connection with
Development of the Property. Except as expressly provided for in this Agreement, this
cooperation shall not require any economic contribution or similar consideration by the
CITY.
3.1.3.4 Litigation, The CITY agrees to reasonably cooperate
with OWNER in all reasonable manners in order to keep this Agreement in full force and
effect. If any legal action is instituted by a third party or other governmental entity or
official challenging the Development Plan Approval(s) or Future Development
Approvals, the parties hereby agree to cooperate in jointly defending such action,
Notwithstanding the foregoing OWNER shall be responsible for all costs, including, but
not limited to, attorneys fees, costs, expert witnesses and the like. OWNER shall
reimburse CITY its costs within thirty (30) calendar days of receipt of any invoice by
OWNER,
3.1.3.5 Acquisition of Off-Site Property. The CITY shall not
postpone or refuse approval of a Future Development Approval because the OWNER or
Development Transferee has failed to acquire off-site property required for the
construction or installation of Off-Site Improvements, To the extent the CITY, OWNER
or a Development Transferee does not have sufficient title or interest to permit the
Public Infrastructure Improvements to be made at the time the Future Development
Approval is filed with the CITY, the applicable OWNER or Development Transferee shall
make a good faith effort to acquire the required property. If the OWNER or
Development Transferee is unable to acquire the required property, the CITY shall
consider in good faith the acquisition of the required property, Subject to the following if
the CITY is unable to acquire the required property by negotiation or condemnation
within the time frame provided for in Government Code Section 66462.5, the CITY shall
continue to issue Future Development Approvals for the Project despite the fact that the
improvement has not been completed, Notwithstanding the above, the CITY's obligation
to continue to issue Future Development Approvals as provided for in this Section is
contingent upon: (i) the applicable OWNER or Development Transferee submitting the
improvement plans required for the improvement to the CITY; and (ii) consistent with
Government Code Section 66462,5, the OWNER or Development Transferee enters
into an agreement with the CITY to reimburse the CITY for costs incurred by the CITY in
acquiring the required property; and (iii) so long as OWNER or Development Transferee
has deposited with CITY an amount equal to the costs of the Public Infrastructure
Improvement(s) which are uncompleted, CITY may use these funds for community
circulation/transportation improvements in its sole discretion,
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3.2 Reserved Authoritv.
3.2.1 Uniform Codes. This Agreement shall not prevent the CITY from
applying new uniform construction standards adopted by the State of California as State
Codes, such as the Uniform Building Code, National Electrical Code, Uniform
Mechanical Code or Uniform Fire Code, to the Development, provided those same
standards are applied to all other development within the CITY.
3.2.2 State and Federal Laws and Regulations. Subject to compliance
with the requirements of this Section 3,2,2, the Property may be subject to subsequently
enacted state or federal laws or regulations which preempt local regulations, or
mandate the adoption of local regulations, and are in conflict with the Development Plan
Approval(s). Upon discovery of a subsequently enacted federal or state law meeting
the requirements of this Section, CITY or OWNER shall provide the other parties with
written notice of the state or federal law or regulation, provide a copy of the law or
regulation, and a written statement of conflicts with the provisions of this Agreement.
Promptly thereafter CITY and OWNER shall meet and confer in good faith in a
reasonable attempt to determine whether a modification or suspension of this
Agreement, in whole or in part, is necessary to comply with such federal or state law or
regulation. In such negotiations, CITY and OWNER agree to preserve the terms of this
Agreement and the rights of OWNER as derived from this Agreement to the maximum
feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in
resolving the conflict in a manner which minimizes any financial impact of the conflict
upon OWNER without materially increasing the financial obligations of CITY under this
Agreement. CITY also agrees to process in a prompt manner OWNER's proposed
changes to the Project as may be necessary to comply with such Federal or State law;
provided, however, that the approval of such changes by CITY shall be subject to the
discretion of CITY, consistent with this Agreement.
3.2.3 Regulation for Health and Safety. Nothing in this Agreement
shall be construed to be in derogation of CITY's police power to protect the public health
and safety from a sudden, unexpected occurrence, involving a clear and imminent
danger, demanding immediate and interim action to prevent or mitigate loss of, or
damage to, life, health, property, or essential public services involving the Property or
the immediate community ("Exigent Event"), Upon discovery of an Exigent Event, CITY
may suspend this Agreement for a period reasonably necessary to analyze, evaluate
and develop a response to the Exigent Event following delivery of written notice of
suspension to OWNER. Immediately thereafter, the suspension shall end and CITY
shall provide the OWNER with written notice of the existence of the Exigent Event, a
detailed explanation of the CITY's proposed action, and a written statement of conflicts
with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall
meet and confer in good faith in a reasonable attempt to determine whether a
modification or suspension of this Agreement, in whole or in part, is necessary to
comply with the Exigent Event. In such negotiations, CITY and OWNER agree to
preserve the terms of this Agreement and the rights of OWNER as derived from this
Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to
cooperate with OWNER in resolving the conflict in a manner which minimizes any
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financial impact of the conflict upon OWNER without materially increasing the financial
obligations of CITY under this Agreement. CITY also agrees to process in an expedited
manner OWNER's proposed changes to the Project as may be necessary to comply
with the Exigent Event; provided, however, that the approval of such changes by CITY
shall be subject to the discretion of CITY, consistent with this Agreement.
3.3 Further Assurances to OWNER Reqardinq Exercise of Reserved
Authoritv
3.3.1 Assurances to OWNER. The parties further acknowledge that the
public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in
consideration for and reliance upon assurances that the Property can be developed in
accordance with the Development Plan Approval(s) and the Existing Regulations,
Accordingly, while recognizing that the Development of the Property may be affected by
the exercise of the authority and rights reserved and excepted as provided in Sections
3,1 and 3,2 ("Reserved Authority"), OWNER is concerned that normally the judiciary
extends to local agencies significant deference in the adoption of rules, regulations and
policies which might otherwise permit the CITY, in violation of the Reserved Authority, to
attempt to apply rules, regulations and policies that are inconsistent with the
Development Plan Approval(s), Accordingly, OWNER desires assurances that the
CITY shall not, and the CITY agrees that it shall not, further restrict or limit the
development of the Property in violation of this Agreement except in strict accordance
with the Reserved Authority, which excuse shall not be considered to be a violation of
this Agreement.
3.3.2 Judicial Review, Based on the foregoing, if OWNER judicially
(including by way of a reference proceeding) challenges the application of a future rule,
regulation or policy as being in violation of this Agreement and as not being applied in
accordance with the Reserved Authority, OWNER shall bear the burden of alleging that
such rule, regulation or policy is inconsistent with the Existing Regulations and the
Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in
establishing by a preponderance of the evidence that such regulation was adopted
pursuant to and in accordance with the Reserved Authority and was not applied by the
CITY in violation of this Agreement.
3.4 Consistent and Inconsistent Enactments.No Conflicting Enactments.
The CITY shall not enact a rule, regulation, ordinance, policy, permit or other measure
(collectively "Law"), nor take any action applicable to the Project or the Property, which
governs the rate, timing, scope, intensity, use, density, manner, or sequencing of the
Development, or any part thereof and which is inconsistent or in conflict with the
Development Plan Approval(s), By way of enumeration, and not limitation, any law,
action or inaction, whether by specific reference to the Project, this Agreement or
otherwise, shall be considered to conflict if it:
3.4.1.1 Restricts the vested rights described in the Agreement or
in any way limits or reduces the rate, timing, scope, intensity, use, density, manner, or
sequencing of the Development or otherwise requires any reduction or increase in the
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number, size, height or square footage of lot(s), structures, buildings or other
improvements, modifies the standards and specifications applicable to the infrastructure
required for the Development or requires additional dedications, exactions, fees or
mitigation other than that provided for in the Agreement;
3.4.1.2 Is consistent with Section 3,4,1,1 hereof, but is not
uniformly applied by the CITY to all substantially similar development within the CITY; or
3.4.1.3 Imposes a new permit requirement or procedure not
already part of the Existing Regulations.
3.4.2 Consistent Enactments, By way of enumeration and not
limitation, the following type of enactments shall be considered consistent with this
Agreement and Existing Regulations and not in conflict:
3.4.2.1 Any enactment authorized by this Agreement.
3.4.3 Consistency Between This Agreement, the Development Plan
Approval(s) and Existing Regulations. To the extent a conflict exists or develops
between the Existing Regulations and the Development Plan Approval(s), the
Development Plan Approval(s) shall be controlling. To the extent a conflict exists or
develops between this Agreement and any other Development Plan Approval(s)
[excluding all requirements of the EIR], this Agreement shall be controlling,
3.5 Amendment of Development AQreement.
3.5.1 Initiation of Amendment. Either CITY or OWNER may propose
an amendment to this Agreement. No Development Transferee assigned the rights and
obligations of an OWNER pursuant to Section 2,5.3 shall have the right to initiate an
amendment with respect to any property other than the portion of the Property owned
by that Development Transferee. Both CITY and OWNER agree that it may be
beneficial to enter into an amendment of this Agreement in connection with the
implementation of the separate components of the Project. Neither an End User, a
Merchant Builder nor a Development Transferee shall have the right to initiate an
amendment of this Agreement without the written consent of the OWNER. An operating
memorandum, as defined below, is not an amendment of this Agreement.
3.5.2 Changes Requiring an Amendment. Unless otherwise required
by law, neither an amendment to the Development Plan Approval(s) or the approval of a
Future Development Approval shall req~ire an amendment of this Agreement unless the
amendment:
3.5.2.1 Materially alters the permitted uses of the Property as a
whole in a manner inconsistent with the procedures established in the Specific Plan;
3.5.2.2 Increases the density or intensity of use of the Property
as a whole in a manner inconsistent with the procedures established in the Specific
Plan; or
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3.5.2.3 Increases the maximum height and size of permitted
buildings, Notwithstanding anything to the contrary herein, an amendment of this
Agreement is not required if OWNER pursues entitlements, permits or approvals
pursuant to a waiver of vested rights as provided for in Section 4,1,
3.5.3 Procedure, Except as set forth in Section 3.5.5 below, the
procedure for proposing and adopting an amendment to this Agreement shall be the
same as the procedure required for entering into this Agreement in the first instance.
3.5.4 Consent. Any amendment to this Agreement shall require the
written consent of both the CITY and the OWNER whose portion of the Property would
be materially affected by the amendment. No amendment to all or any provision of this
Agreement shall be effective unless set forth in writing, signed by duly authorized
representatives of the CITY and the applicable OWNER, and adopted pursuant to legal
requirements imposed on CITY. An amendment of this Agreement does not require the
consent of an End User, Merchant Builder or Development Transferee unless such
person or entity has uncompleted obligations under this Agreement. To the extent the
consent of the OWNER that did not initiate the amendment is necessary, that OWNER
shall not unreasonably withhold its consent. Notwithstanding the above, that OWNER
shall consent to the amendment on or before the thirtieth (30th) day after receipt of
notice of the initiation of the amendment if, as determined in that OWNER's reasonable
business judgment, that proposed amendment will not have a material adverse impact
on the Development of that OWNER's portion of the Property,
3.5.5 Operating Memoranda, The parties acknowledge that
refinements and further development of the Project may demonstrate that changes are
appropriate with respect to the details and performance of the parties under this
Agreement. The parties desire to retain a certain degree of flexibility with respect to the
details of the Development Plan and with respect to those items covered in general
terms under this Agreement. If and when the parties mutually find that nonsubstantive
changes, adjustments, or clarifications are appropriate to further the intended purposes
of this Agreement, and such are not materially inconsistent with the Development Plan
Approval(s), they may, unless otherwise required by law, effectuate such changes,
adjustments, or clarifications without amendment to this Agreement through one or
more operating memoranda mutually approved by the City Manager, or designee, on
behalf of the CITY and by any corporate officer or other person designated for such
purpose in a writing signed by a corporate officer on behalf of OWNER, which, after
execution, shall be attached hereto as addenda and become a part hereof. Unless
otherwise required by law or by the Development Plan Approval(s), no such changes,
adjustments, or clarifications shall require prior notice or hearing, public or otherwise.
Nothing herein shall authorize the delegation of authority to the City Manager, or
designee, contrary to California or Federal Law,
3.6 Future Amendments to Development Plan Approval(s), The following
rules apply to future amendments to the Development Plan Approval(s), except that
Section 3,5 shall control with respect to a nonsubstantive amendment of this Agreement
and Section 3.7 shall control with respect to Future Development Approvals:
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3.6.1 OWNER's Written Consent. It is contemplated by the parties that
mutually agreed upon amendments to the Development Plan Approval(s) may be
necessary, Any amendments to the Development Plan Approval(s) to which OWNER
does not agree in writing shall not apply to the Property or the Project while this
Agreement is in effect.
3.6.2 Concurrent Development Agreement Amendment. Any other
Development Plan amendment requiring amendment of this Agreement, as provided for
in Section 3.5 hereof, shall be processed concurrently with an amendment to this
Agreement in the manner required by law,
3.6.3 Effect of Amendment. Except as expressly set forth within this
Agreement, an amendment of the other Development Plan Approval(s) will not alter,
affect, impair or otherwise impact the rights, duties and obligations of the parties under
this Agreement. To the extent an amendment to the Development Plan Approval(s) is
approved in accordance with Section 3.6.1, the amendment shall constitute for all
purposes a Development Plan Approval and shall be treated as if it were in existence on
the Agreement Date,
3.7 Future Development Approvals.
3.7.1 Exercise of CITY Discretion. In connection with Future
Development Approval or any other actions which the CITY is expressly permitted to
make under this Agreement relating to the Project, the CITY shall exercise its discretion
or take action in a manner which complies and is consistent with the Development Plan
Approval(s) and the Existing Regulations,
3.7.2 Concurrent Development Agreement Amendment. Any Future
Development Approval requiring amendment of this Agreement, as provided for in
Section 3.5 hereof, shall be processed concurrently with an amendment to this
Agreement.
3.7.3 Effect of Future Development Approvals, Except as expressly
set forth within this Section 3.7, a Future Development Approval will not alter, affect,
impair or otherwise impact the rights, duties and obligations of the parties under this
Agreement. To the extent a Future Development Approval is approved in accordance
with Sections 3.7.1 and 3.7.2, the Future Development Approval shall constitute for all
purposes a Development Plan Approval and shall be treated as if it were in existence on
the Agreement Date.
4. ObliQations of the Parties.
4.1 Benefits to CITY. The direct and indirect benefits the CITY (including,
without limitation the existing and future residents of the CITY) will receive from the
approval of the Development Plan Approval(s) generally include, but are not limited to,
the items identified below. Nothing in the Development Plan Approval(s) or otherwise
obligate OWNERS to construct the Development or any part thereof. OWNER further
reserves the right to waive, in whole or in part, the vested rights afforded by the
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Development Plan Approval(s), and pursue entitlements, permits or approvals other
than those provided for in the Development Plan Approval(s),
4.1.1 Growth Management. The Project conforms to the CITY's effort to
manage growth through the use of, among other things, comprehensive planning and
design, project-wide continuity of landscaping and architectural design, design
standards and layout concepts exceeding the CITY's standards for residential
development, and the village-center concept.
4.2 Development Fees.
4.2.1 Fee Rates, The CITY hereby agrees that neither the Property
OWNER or Merchant Builder, nor except as provided hereunder the Development shall
be subject to any new or revised fees or charges, including, without limitation,
Development Impact Fees, that the CITY may enact, adopt, or impose on or after the
Agreement Date,
4.2.2 Processing and Application Fees, OWNER shall pay the
application and processing fees customarily imposed on the type of entitlement sought
at the rate, and in the amount, imposed by CITY pursuant to the fee schedule,
resolution or ordinance applicable to all projects in the CITY and in effect at the time the
application is deemed complete and accepted by CITY for action,
4.2.3 Fees for the KADING Property, Notwithstanding anything to the
contrary, the CITY shall charge Development Impact Fees in the amount the CITY
charged, in all categories, on March 16, 2004. If a fee did not exist on that date then the
fee currently charged shall be charged to the OWNER.
4.2.3.1 TUMF Fees for the KADING Property. The CITY and
OWNER acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program has
been adopted by the CITY, The CITY and OWNER agree that the OWNER shall pay all
fees due under this program as and when due.
4.3 Related Real Property Conveyances; Conditions to Development
Aqreement.
4.3.1 Intent of the Parties, The CITY and OWNER agree that the
entitlements, vesting and other rights that will allow OWNER to develop the Project in
accordance with the Development Plan Approval(s), along with the timely completion
and performance of the real estate transactions and the related agreements described
hereafter are a material component of the consideration each party has relied upon in
its respective decision to enter into this Agreement. OWNER and the CITY, individually
and collectively, represent that neither party would have entered into this Agreement but
for these commitments. Termination of this Agreement terminates the obligation of the
applicable party to perform with respect to those items discussed in Section 4.3 and the
applicable party shall only be required to perform the obligations set forth in the other
Development Plan Approval(s).
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5. Indemnification. Except to the extent of the active negligence or willful
misconduct of the Indemnified Parties (as defined below), KADING agrees to defend the
CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified
Parties") from and against any claims or proceeding against the Indemnified Parties to
set aside, void or annul the approval of this Agreement. If the CITY or Kading, in their
reasonable discretion, do not desire to settle such lawsuit or claim, it may notify the
other Party of the same, in which event the other Party may still elect to settle the
lawsuit or claim as to itself, but the non-settling party may elect to continue such lawsuit,
at their cost and expense, so long as: (i) with respect to the CITY, the CITY's decision is
predicated upon a legitimate and articulated threat to either the exercise of its police
powers or a risk of harm to those present within the CITY; or (ii) with respect to the
other Party, the decision is predicated upon a legitimate and articulated threat to the
Development of the Property,
6. Relationship of Parties, OWNER is not the agent or employee of the CITY.
The CITY and OWNER hereby renounce the existence of any form of joint venture or
partnership between them, and agree that nothing contained in this Agreement or in any
document executed in connection with the Project shall be construed as making the
CITY and OWNER joint ventures or partners,
7. Periodic Review of Compliance with Aqreement.
7.1 Periodic Review. The CITY and OWNER shall review this Agreement
once every 12-month period from the Effective Date until the Agreement terminates.
The CITY shall notify OWNER in writing of the date for review at least thirty (30) days
prior thereto,
7.2 Good Faith Compliance, During each periodic review, OWNER shall be
required to demonstrate good faith compliance with all material terms of this Agreement.
The parties recognize that this Agreement and the documents incorporated herein could
be deemed to contain hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources. Accordingly,
OWNER shall be deemed to have satisfied its good faith compliance when it presents
evidence of substantial compliance with the material provisions of this Agreement.
Generalized evidence or statements of compliance shall be accepted in the absence of
any evidence that such evidence is untrue,
7.3 Failure to Conduct Annual Review. The failure of the CITY to conduct
the annual review shall not constitute, or be asserted by OWNER or CITY as a breach
of this Agreement.
7.4 Initiation of Review bv City Council. In addition to the annual review,
the City Council may at any time initiate a review of this Agreement by giving written
notice to OWNER. The Notice must describe in detail the specific issues which caused
the CITY to question OWNER'S good faith compliance and the evidence the CITY
believes is necessary for the review, Within thirty (30) days following receipt of such
notice, OWNER shall submit evidence to the City Council of OWNER's good faith
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compliance with this Agreement and such review and determination shall proceed in the
same manner as provided for the annual review, The City Council shall initiate its
review pursuant to this Section 7.4 only if it has probable cause to believe the CITY's
general health, safety or welfare is at risk as a result of specific acts or failures to act by
OWNER in violation of this Agreement.
7.5 Administration of Aareement. Any final decision by the CITY staff
concerning the interpretation and administration of this Agreement and Development of
the Property in accordance herewith may be appealed by OWNER first to the Planning
Commission and thereafter to the City Council, provided that any such appeal shall be
filed with the City Clerk within thirty (30) days after OWNER receives written notice that
the staff decision is final all as pursuant to routine planning appeal procedures, The
City Council shall render, at a noticed public hearing, its decision to affirm, reverse or
modify the staff decision within thirty (30) days after the appeal was filed,
7.6 Availability of Documents, If requested and reimbursed for all costs, by
OWNER, the CITY agrees to provide to OWNER copies of any documents, reports or
other items reviewed, accumulated or prepared by or for the CITY in connection with
any periodic compliance review by the CITY, provided OWNER reimburses the CITY for
all reasonable and direct costs and fees incurred by the CITY in copying the same, The
CITY shall respond to OWNER's request on or before ten (10) business days have
elapsed from the CITY's receipt of such request.
8. Events of Default: Remedies and Termination, Unless amended as provided
in Section 3,5, or modified or suspended pursuant to Government Code Section
,65869.5 or terminated pursuant to this Section 8, this Agreement is enforceable by any
party hereto.
8.1 Defaults by OWNER. If, after following the procedures established in
Section 7 hereof, the CITY determines on the basis of a preponderance of the evidence
that OWNER has not complied in good faith with the material terms and conditions of
this Agreement, the CITY shall, by written notice to OWNER specify the manner in
which the allegedly defaulting party has failed to so comply and state the steps the
allegedly defaulting party must take to bring itself into compliance, If, within thirty (30)
days after the effective date of notice from the CITY specifying the manner in which the
allegedly defaulting party has failed to so comply, the allegedly defaulting party does not
commence all steps reasonably necessary to bring itself into compliance and thereafter
diligently pursue such steps to completion, then the allegedly defaulting party shall be
deemed to be in default under the terms of this Agreement and the CITY may terminate
this Agreement with respect solely to the allegedly defaulting party's property pursuant
to Government Code Section 65865.1 or may seek specific performance as set forth in
Section 8,3.
8.2 Defaults by CITY, If OWNER determines on the basis of a
preponderance of the evidence that the CITY has not complied in good faith with the
terms and conditions of this Agreement, OWNER shall, by written notice to the CITY,
specify the manner in which the CITY has failed to so comply and state the steps the
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CITY must take to bring itself into compliance. If, within sixty (60) days after the
effective date of notice from OWNER specifying the manner in which the CITY has
failed to so comply, the CITY does not commence all steps reasonably necessary to
bring itself into compliance as required and thereafter diligently pursue such steps to
completion, then the CITY shall be deemed to be in default under the terms of this
Agreement and OWNER may terminate this Agreement and, in addition, may pursue
any other remedy available at law or equity, including specific performance as set forth
in Section 8,3,
8.3 Specific Performance Remedv. Due to the size, nature and scope of the
Project, it may not be practical or possible to restore the Property to its natural condition
once implementation of this Agreement has begun. After such implementation,
OWNER may be foreclosed from other choices it may have had to utilize the Property
and provide for other benefits. CITY and OWNER has already invested significant time
and resources and performed extensive planning and processing of the Project in
agreeing to the terms of this Agreement and will be investing even more significant time
and resources in implementing the Project in reliance upon the terms of this Agreement,
and it may not be possible to determine the sum of money which would adequately
compensate OWNER for such efforts, For the above reasons, the CITY and OWNER
agree that damages may not be an adequate remedy if the CITY or OWNER fails to
carry out its obligations under this Agreement and that CITY or OWNER shall have the
right to seek and obtain specific performance as a remedy for any breach of this
Agreement. Notwithstanding the foregoing, if the CITY is authorized by Section 8,4,1 to
withhold an approval or permit upon a specified condition being satisfied by OWNER in
the future, and if OWNER then fails to satisfy such condition, the CITY may be entitled
to specific performance for the sole purpose of causing that nonperforming party, and
only that nonperforming party, or any party with an obligation to so perform the
condition, to satisfy such condition, The CITY's right to specific performance shall be
limited to those circumstances set forth above, and the CITY shall have no right to seek
specific performance to cause OWNER or a Development Transferee to otherwise
proceed with the Development of the Project in any manner, with the express exception
of the Off-Site Improvements and the grant of real property for the Interchange
Improvements.
8.4 Institution of LeQal Action, Any legal action hereunder shall be heard by
a reference from the Riverside County Superior Court pursuant to the reference
procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER
and the CITY shall agree upon a single referee who shall then try all issues, whether of
fact or law, and report a finding and judgment thereon and issue all legal and equitable
relief appropriate under the circumstances of the controversy before him. If OWNER
and the CITY are unable to agree on a referee within ten (10) days of a written request
to do so by either party hereto, either party may seek to have one appointed pursuant to
the California Code of Civil Procedure Section 640, The cost of such proceeding shall
initially be borne equally by the parties, Any referee selected pursuant to this Section
8.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of
the California Constitution,
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8.4.1 Effect of Noncompliance. Notwithstanding the foregoing, to the
extent the Development Plan Approval(s) expressly provide(s) that Development of the
Project or a portion thereof is directly dependent upon the performance of material
obligations assumed by OWNER or a Development Transferee, which material
obligations have not been performed, the CITY may, in its reasonable discretion,
withhold any approvals, including, without limitation, certificates of occupancy, with
respect to those directly dependent portions of the Project from OWNER and/or
Development Transferee until such obligations have been substantially performed,
CITY agrees that CITY will not withhold approvals if the OWNER or the Development
Transferee provides security for the performance of any of the obligations.
8.4.1.1 Non Compliance by KADING. Non compliance by
OWNER with respect to any material term and condition of this Agreement assumed by
OWNER shall entitle CITY to pursue any and all of its rights under this Agreement
against OWNER, Such noncompliance by OWNER shall be deemed a default, grounds
for specific performance or grounds for termination hereof with respect to, and
constitute cause for CITY to initiate enforcement action against and/or withhold any
approvals from Development Transferee, or other persons then owning or holding
interest in the Property or any portion of the Property, regardless of ownership.
8.5 Estoppel Certificates, A party may at any time deliver written notice to
the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party
receiving a request for an Estoppel Certificate shall provide a signed certificate to the
requesting party within thirty (30) days after receipt of the request. The City Manager or
any person designated by the City Manager may sign Estoppel Certificates on behalf of
the CITY, Any officer or member of a private party may sign on behalf of that party. An
Estoppel Certificate is intended to be relied on by assignees and mortgagees, If that
one party requests an Estoppel Certificate from the other, the requesting party shall
reimburse the other party for all reasonable and direct costs and fees incurred by such
party with respect thereto, The Estoppel Certificate shall address issues such as
whether:
8.5.1 The Agreement is in full force and effect and is a binding obligation
of the parties,
8.5.2 The Agreement has been amended or modified either orally or in
writing and, if so amended, identifying the amendments.
8.5.3 A default in the performance of the requesting party's obligations
under the Agreement exists and, if a default does exist, the nature and amount of any
default.
9. Waivers and Delavs.
9.1 No Waiver, Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the other party, and failure by a party to exercise
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its rights upon a default by the other party hereto, shall not constitute a waiver of such
party's right to demand strict compliance by such other party in the future,
9.2 Third Parties. Non-performance shall not be excused because of a
failure of a third person, except as provided in Sections 9,3 or 9.4.
9.3 Force Maieure. A party shall not be deemed to be in default where failure
or delay in performance of any of its obligations under this Agreement is caused by
floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and
other labor difficulties beyond that party's control, action or inaction by the CITY, which
actions or inactions are breaches of any term of this Agreement, other governmental
bodies or public utilities other than those related to the normal and customary
processing of Future Development Approvals or any modifications to the Development
Plan Approval(s), judicial decisions, litigation regarding the Development Plan
Approval(s) or Future Development Approvals or other similar events. To the extent
applicable to the Project and Property pursuant to Section 3.4 hereof, government
regulations (including, without limitation, local, state and federal environmental and
natural resource regulations), voter initiative or referenda or moratoria (including,
without limitation, any "development moratorium" as that term is applied in Government
Code Section 66452,6) constitute force majeure events,
9.4 Extensions, The Term of this Agreement and the time for performance
by a party of any of its obligations hereunder or pursuant to the other Development Plan
Approval(s) shall be extended by the actual period of time that any of the events
described in Section 9,3 exist and/or prevent performance of such obligations,
Notwithstanding anything to the contrary herein, the performance by CITY of its
obligations shall not be delayed or extended by the action or inaction of the CITY.
9.5 Notice of Delav. OWNER shall give immediate notice to the CITY of any
delay which OWNER anticipates or believes to have occurred as a result of the
occurrence of any of the events described in Sections 9,3 or 9.4. In no event, however,
shall notice of a delay of any length be given later than thirty days after the end- of the
delay or ten (10) days before the end of the Term (unless the cause of the delay arises
during that time), whichever comes first
10. Notices, All notices required or provided for under this Agreement shall be in
writing and delivered in person, sent by certified mail, postage prepaid, return receipt
requested or by Federal Express or other similar nationwide overnight delivery service,
Notices required to be given to the CITY shall be addressed as follows:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
Attention: Planning Director
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With a copy to:
Richards, Watson & Gershon
Thirty-Eighth Floor
333 South Hope Street
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
AGK Group, LLC
35411 Pas eo Viento
Capistrano Beach, CA 92624
Attention: A.G. Kading
Any notice given as required by Section 10 shall be deemed given only if in writing and
upon delivery as provided for in this Section 10, A party may change its address for
notices by giving notice in writing to the other party as required by this Section 10 and
thereafter notices shall be addressed and transmitted to the new address.
11. Attornevs' Fees. If legal action is brought by any party against another for
breach of this Agreement, including actions derivative from the performance of this
Agreement, or to compel performance under this Agreement, the prevailing party shall
be entitled to an award of its costs, including reasonable attorneys' fees, and shall also
be entitled to recover its contribution for the costs of the referee referred to in Section
8,4 above as an item of damage and/or recoverable costs,
12. RecordinQ. This Agreement and any amendment or cancellation hereto shall be
recorded, at no cost to the CITY, in the Official Records of Riverside County by the City
Clerk within the period required by Section 65868,5 of the Government Code.
13. Effect of AQreement on Title.
13.1 Effect on Title, OWNER and the CITY agree that this Agreement shall
not continue as an encumbrance against any portion of the Property as to which this
Agreement has terminated or released.
13.2 Encumbrances and Lenders' RiQhts. The mortgagee of a mortgage or
beneficiary of a deed of trust encumbering the Property, or any part thereof, and their
successors and assigns shall, upon written request to CITY, be entitled to receive from
CITY written notification of any default by OWNER of the performance of OWNER's
II 086-0092\8 I 8544v I.doc
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obligations under the Agreement which has not been cured within the time frame
established in Section 8,1 hereof,
13.2.1 Notwithstanding OWNER's default, this Agreement shall not be
terminated by CITY as to any mortgagee or beneficiary to whom notice is to be given
and to which either or the following is true:
(i) the mortgagee or beneficiary cures any default by OWNER
involving the payment of money within ninety (90) days after receipt from CITY of the
written notice of default;
(ii) as to defaults requiring title or possession of the Property or
any portion thereof to effectuate a cure: (i) the mortgagee/beneficiary agrees in writing,
within ninety (90) days after receipt from CITY of the written notice of default, to perform
the proportionate share of OWNER's obligations under this Agreement allocable to that
part of the Property in which the mortgagee/beneficiary has an interest conditioned
upon such mortgagee's/beneficiary's acquisition of the Property or portion thereof by
foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii) the
mortgagee/beneficiary commences foreclosure proceedings to reacquire title to the
Property or applicable portion thereof within said ninety (90) days and thereafter
diligently pursues such foreclosure to completion, and (iii) the mortgagee/beneficiary
promptly and diligently commences to cure such Default after obtaining title or
possession,
13.2.2 Notwithstanding Section 13.2,1 of this Agreement, if any
mortgagee/beneficiary is prohibited from commencing or prosecuting foreclosure or
other appropriate proceedings including by any process of injunction issued by any
court or by reason of any action by any court having jurisdiction of any bankruptcy or
insolvency proceeding involving OWNER, the times specified in Section 13.2.1 of this
Agreement for commencing or prosecuting foreclosure or other proceedings shall be
extended for the period of the prohibition.
13.2.3 Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any existing or
future mortgage or deed of trust on the Property made in good faith and for value,
14. Severabilitv of Terms. If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, the remainder of this
Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a
material part of consideration for either Party the Agreement as a whole, If the tribunal
finds that the invalidity was a material part of the consideration, this Agreement will
terminate unless CITY and OWNER agree to amend this Agreement as provided for
herein. Upon a termination arising from the application of this Section 14, each Party
agrees. the Specific Plan shall suspend as to all unpermitted development activity
pending the CITY's determination regarding repeal or modification of the same,
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15. Subseauent Amendment to Authorizina Statute, This Agreement has been
entered into in reliance upon the provisions of the Development Agreement Legislation
in effect as of the Agreement Date, Accordingly, subject to Section 3.2,2 above, to the
extent that subsequent amendments to the Government Code would affect the
provisions of this Agreement, such amendments shall not be applicable to this
Agreement unless necessary for this Agreement to be enforceable or required by law or
unless this Agreement is modified pursuant to the provisions set forth in this Agreement.
16, Rules of Construction and Miscellaneous Terms.
16.1 Interpretation and Governina Law, The language in all parts of this
Agreement shall, in all cases, be construed as a whole and in accordance with its fair
meaning, This Agreement and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of California. The parties
understand and agree that this Agreement is not intended to constitute, nor shall be
construed to constitute, an impermissible attempt to contract away the legislative and
governmental functions of the CITY, and in particular, the CITY's police powers, In this
regard, the parties understand and agree that this Agreement shall not be deemed to
constitute the surrender or abnegation of the CITY's governmental powers over the
Property or any decision arising from the Agreement, directly or indirectly,
16.2 Section Headinas, All section headings and subheadings are inserted
for convenience only and shall not affect any construction or interpretation of this
Agreement.
16.3 Gender, The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, "may" is permissive.
16.4 No Joint and Several Liabilitv. No breach hereof by OWNER, or
Development Transferee shall constitute a breach by the non breaching party. Any
remedy, obligation, or liability, including but not limited to the obligations to defend and
indemnify the CITY, arising by reason of such breach shall be applicable solely to the
party that committed the breach. However, the CITY shall send a copy of any notice of
violation to all OWNERS and Development Transferee, including those not in breach.
16.5 Covenant of Good Faith and Fair Dealina, No party shall do anything
which shall have the intentional effect of harming or injuring the right of the other parties
to receive the benefits provided for in this Agreement; each party shall refrain from
doing anything intentionally which would render its performance under this Agreement
impossible; and each party shall do everything which this Agreement contemplates that
such party shall do in order to accomplish the objectives and purposes of this
Agreement.
16.6 No Waiver of Vestina, Nothing in this Agreement shall be construed as
limiting or impairing any vested rights to proceed with the Development or use of the
Property arising independently from entitlements, including those approved for the.
1 1086-0092\8 1 8544v l.doc
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Project, issued by the CITY or others prior to, concurrently with, or subsequent to the
approval of this Agreement, Federal and State Constitutions, statutes, or decisional law.
16.7 Time of Essence, Time is of the essence regarding each provision of this
Agreement of which time is an element.
16.8 Recitals, All Recitals set forth herein are incorporated in this Agreement
as though fully set forth herein.
16.9 Entire Aqreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and the Agreement
supersedes all previous negotiations, discussion and agreements between the parties,
and no parol evidence of any prior or other agreement shall be permitted to contradict or
vary the terms hereof.
17. Extension of Maps. In accordance with Government Code Section 66452.6(a),
any tentative map which relates to all or a portion of the Property shall be extended for
the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map
pursuant to Section 66452.6.
18. Not for Benefit of Third Parties, This Agreement and all provisions hereof are
for the exclusive benefit of the CITY and OWNER and its assignees pursuant to Section
2.5 and shall not be construed to benefit or be enforceable by any third party.
19. Attachments. The following attachments are hereby incorporated by reference
as if fully set out in the body of this Agreement.
Attachments Description
1 Legal Description of the OWNER Property
2 Project Actions and Approvals
20. Counterparts, This Agreement may be executed in counterparts, each of which
shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year dated below.
Dated:
,2005
"CITY"
CITY OF TEMECULA, a municipal
corporation
By:
Name:
Title: Mayor
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ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
,2005
lI086-0092\818544v l.doc
"OWNER"
,a
By:
Name:
Title:
26
4120105
State of California )
) ss
County of Riverside )
On before me, , personally
appeared , personally known to me or proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Signature of Notary
State of California )
) ss
County of Riverside )
On before me, , personally
appeared , personally known to me or proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Signature of Notary
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11086-0092\818544v1.doc
ATTACHMENT "1"
(Legal Description of the Property)
1-1
4/20/05
11086-0092\818544v1.doc
ATTACHMENT "2"
(Project Actions and Approvals)
2-1
4/20/05
TABLE OF CONTENTS
PAGE
1. Definitions, ""."".".".".".".".",.,..,........................,....,."".""".".,.,.".......,.........,. ,3
2, General Provisions..".,..,..,..,..""""..,..,.".".".".,..,..,..............,.""."".".,..,..,..,......5
2.1 Binding Covenants,..,.."."."..""."..,.................,....",."..."".,.".,...........""" 5
2.2 Interest of OWNER.................",.".".""""""".,.".,.,.......,............,.".",."..,. 6
2.3 Term.".,..,.".".".".""".".".,...,.....,.,.................."..,.,...",."".,.".,..,..,........... 6
2.4 Termination. ,.....,.........:....."..,...."."."..,..,.."".".,..,.,..,.,..................,.."."", 6
2.5 Transfers and Assignments. ,..............,...............................................,.......6
3. Development Provisions, "",.."."...........................................,.,..."..,..,................. 8
3,1 Vesting, .,..,..,.."."."..,.."....................,..."."."."".".,..,.".,.".,...................... 8
3,2 Reserved Authority. ...........................................................................,......11
3,3 Further Assurances to OWNER Regarding Exercise of
Reserved Authority".".".."..,....,...,...,..,..,..,..,..,..,."."""..,.".,..,..,.".......... 12
3.4 Consistent and Inconsistent Enactments.................................................. 12
3,5 Amendment of Development Agreement.......,..........................................13
3,6 Future Amendments to Development Plan Approval(s) ...........................14
3,7 Future Development Approvals, ...............................................................15
4. Obligations of the Parties. ...................................................................................15
4.1 Benefits to CITY .......................................................................................15
4.2 Development Fees. .".."."..,..,..,..,...,..,..,......,.".,..,.......,.........,."..'..',..,.." 16
4.3 Related Real Property Conveyances; Conditions to
Development Agreement. .............,..,..,...,.,..'",..,..,.".,...." "",."."."."..,.." 16
5. Indemnification,..,..,.."."..,..".."."..,..,..,..,.."..,..,..,.....,..,....,.......,.."".,..,..,..,..,..", 17
6, Relationship of Parties ............................................................,...........................17
7. Periodic Review of Compliance with Agreement................................................, 17
7,1 Periodic Review.,.."..".".",."...."."."..,.."..,.."".,..",..,..,.,....,.....,..............17
7,2 Good Faith Compliance.......................................................,..,.................17
7,3 Failure to Conduct Annual Review.........................................................., 17
7.4 Initiation of Review by City Council ..........................................................17
7,5 Administration of Agreement ....................................................................18
7,6 Availability of Documents ........................................................................, 18
8, Events of Default: Remedies and Termination ..,..,....,..,......,..,...........................18
8.1 Defaults by OWNER............,....................................................................18
8.2 Defaults by CITY ........,.............................................................................18
8.3 Specific Performance Remedy.................................................................19
8.4 Institution of Legal Action ...................................................................,..,..19
8,5 Estoppel Certificates..,...,.................,.............................,.........,..,."",..,.. ,20
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TABLE OF CONTENTS
(Continued)
Paee
9, Waivers and Delays, .",..".".""".".""", ,.,..,..,...............,.......,.,..,.,.".,.".,............ 20
9.1 No Waiver.,.,..,..".".".".."."..,....,..,..,.........,.".",..,.".,."".",..,............"." ..20
9.2 Third Parties,..""..,.."."..,..,..,............."..,.".,..,.".,.".,.,..,.,...............,..,.." .21
9,3 Force Majeure""..,..,.."",..,..""",..,..,..,..,..,.,..,..",..,.,...."...",..,.".,..,..,.." .21
9.4 Extensions,."..,."..,.."."."..".,....,.,.,.""""..,..,.".,..,."".".,.,.,.."."""..,..,.." 21
9.5 Notice of Delay ",..,..,'..,..,..,..""..,..,..,..,..,..,..,.,..",..,,'..,.,..,.,....,..""..,..,..,,21
1 O. Notices..,....,...,....,..,..,."..,.."..,..,..,..""..,..,..,..""",..,..,.,..,.,..,.,....,..,.,..,..""..,..,.. ,21
11. Attorneys' Fees .................................................'.................................................22
12. Recording.,.,..,..,..............,...,."..".".""..,..,...,..,..,....,..,....,............",.,..,..,..,..,..,.. ,22
13, Effect of Agreement on Title................................................................................22
13.1 Effect on Title "."."."..".",."."".",.".".".".".".,....,.,.............." """""".".,22
13,2 Encumbrances and Lenders' Rights..,..........,.......................................,..,22
14, Severability of Terms ..,.."..,.."..,..""",..,..',..,..,..,..,..,.,.."".,..,."".,.,....."""""."..23
15. Subsequent Amendment to Authorizing Statute ......................,..........................24
16, Rules of Construction and Miscellaneous Terms, .........................................,.....24
16,1 Interpretation and Governing Law............................................................24
16,2 Section Headings"..,...,.."."..",...,..,..".".".".,..,.,..,...........".,..,..,.".....,.." 24
16,3 Gender",..,..,..""..,...,..,......,.....................,.........".,.".",.."".,..,.".,..,...,..,. 24
16.4 No Joint and Several Liability .....................................,..,..........................24
16.5 Covenant of Good Faith and Fair Dealing ............................................,..,24
16.6 No Waiver of Vesting................,...............................................................24
16.7 Time of Essence.,..,................................,.,..,..,..,.".""."".,..,..,.,..,.,...,.., ...25
16,8 Recitals..,..,..,..,.."..,..".".."..,...."..,..,.."..,..,..,.".,..,..,.,..",..",..,....,.."..,.., ..25
16.9 Entire Agreement.....".".."..,...."..,.."."..,..,.".,.."".".,.,..,.,..,.,.....,...... ,..., ,25
17, Extension of Maps..,.."",..,..".".."..,....".".."."."..,.,..,.."".,.".""....,................... .25
18, Not for Benefit of Third Parties ..........................................,.................................25
19, Attachments .. .,." .".".", ". .,........,.., ... ......... ...,..,.. ... .................................,..,..,..,.. .25
20, Counterparts""".,.."."..,..,...............................,..,.".,...,.."....,..,.,....,.,................ .25
11 086-0092\818544v I.doc
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ATTACHMENT NO.3
PC RESOLUTION NO, 2005-_
(ZONE CHANGE)
R:\D P\2004\04-0582 Temecula Education Complex\PC-STAFF REPORT. doc
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PC RESOLUTION NO. 2005-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPT SECTIONS
17.22.210 THROUGH 17.22,218 INCLUDING THE PDO-10 TEXT
AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY
LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD
AND DENDY PARKWAY, KNOWN AS ASSESSOR PARCEL
NO. 909-370-002".
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map,
which applications are hereby incorporated by reference, for the property consisting of
approximately 40,0 acres, generally located at the northwest corner of Diaz Road and Dendy
Parkway, known as Assessor Parcel No. 909-370-002 ("Project"); and
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law, including the California Environmental
Quality Act; and,
WHEREAS, the Planning Commission considered the Application on May 4, 2005, 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; and
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended the City Council approve the Project subject to
and based upon the findings set forth hereunder;
WHEREAS, The Planning Commission adopted Resolution No. 2005-29, recommending
that the City Council approve a Zone Change and adopt Sections 17,22,210 through 17.22,218,
including the PDO-10 text and development standards;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City Council
approve the Project after finding that the proposed project conforms to the General Plan;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findinqs. The Planning Commission, in recommending approval of
Planning Application No. PA04-0582 (Zone Change) hereby makes the following findings:
A. The proposed Zone Change is consistent with the land use designation of the
General Plan of the City of Temecula in which the use is located, as shown on the Land Use
R:ID P\2004104.0582 Temecula Education ComplexlPDOIDraft PC ZC RESOLUTION.doc
1
Map. The site is physically suitable for the type of uses proposed for the project site, and the
proposed Zone Change would further the City's fong-term economic development goals.
B. The proposed Zone Change conforms to the General Plan and the use is in
conformance with the goals, policies, programs, and guidelines of the elements of the General
Plan. The proposed Zone Change allows for a use that will provide the diversity of uses desired
in the General Plan and will create a balanced community with additional educational and
housing opportunities available to the community.
Section 2. Recommendation. The Planning Commission of the City of Temecula
hereby recommends that the City Council adopt Ordinance 05-_, changing the zoning
designation from Public Institutional (PI) to Planned Development Overlay (PDO-10) and adopt
sections 17.22,210 through 17,22.218 including the PDO-10 text and development standards in
the form attached in Council Resolution Exhibit A.
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 4th day of May 2005.
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No, 2005-29 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 4th day of May 2005, by the
following vote of the Commission:
AYES:
5 PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson, Olhasso,
Telesio
NOES: 0 PLANNING COMMISSIONERS:
ABSENT: 0 PLANNING COMMISSIONERS:
ABSTAIN: 0 PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:ID P\2004104-0582 Temecula Education ComplexlPDOIDraft PC ZC RESOLUTION.doc
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EXHIBIT A
PROPOSED CITY COUNCIL ORDINANCE NO. 05-_
(ZONE CHANGE)
R:\D P\2004\04-0582 Temecula Education Complex\PDO\Dra~ PC ZC RESOLUTION.doc
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ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING SECTIONS
17.22.210 THROUGH 17.22.218 INCLUDING THE PDO-10 TEXT AND
DEVELOPMENT STANDARDS FOR A SITE GENERALLY LOCATED
AT THE NORTHWEST CORNER OF DiAl ROAD AND DENDY
PARKWAY, KNOWN AS ASSESSOR PARCEL NO. 909-370-002.
WHEREAS, Gary Wiggle, representing AGK Group, LLC, fiied Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, a Tentative Parcel Map for
the property consisting of approximately 40.0 acres generally located at the northwest corner of
Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002; and
WHEREAS, the applications for the Project were processed and an environmental
review was conducted as required by law, including the California Environmental Quality Act;
and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project and environmental review, at
which time the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to this matter; and
WHEREAS, following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning Commission
adopted Resolution No. 2005-_, recommending that the City Council approve a Zone Change
to amend the land use designation from Public Institutional (PI) to Planned Development
Overlay (PDO-10) and adopt Sections t7.22.210 through 17.22.218, including the PDO-10 text
and development standards for property generally located at the northwest corner of Diaz Road
and Dendy Parkway, known as Assessor Parcel No, 909-370-002; and
WHEREAS, on , 2005 the City Council of the City of Temecula held
a duly noticed public hearing on the Project at which time all persons interested in the Project
had the opportunity and did address the City Council on these matters; and
WHEREAS, at the conclusion of the City Council hearing and after due consideration of
the testimony, the City Council approved the Zone Change for the Project subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. The City Council, in approving the Zone Change proposed in Planning
Application PA04-0582, hereby makes the following findings:
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4
A, The proposed Zone Change conforms to the General Plan and the proposed
uses are in conformance with the goals, policies, programs and guidelines of the elements of
the General Plan, The proposed Zone Change allows for a diversity of uses desired in the
General plan and will create a balanced community with additional educational and housing
opportunities available to the community,
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment 104) was approved by the City
Council on March 16,2004. Per Section 15162 of the State CEQA Guidelines, when an EIR
has been certified for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines that substantial changes are proposed or will occur, or that new
information of substantial importance is available. The proposed project substantially conforms
to the conceptual plans for the Temecula Education Complex Final EIR and no new information
of substantial importance regarding the environmental review of the project has arisen since the
EIR was approved. Therefore, the City Council finds that the proposed project is consistent with
the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit.
Section 4. The City of Temecula City Council hereby approves the Zone Change
proposed in Planning Application PA04-0582 to amend the Zoning Map (Exhibit A) of the City of
Temecula from Public Institutional (PI) to Planned Development Overlay (PDO-10) and to adopt
sections 17.22.210 through 17.22.218 including the PDO-10 text and development standards
(Exhibit B) for a site generally located at the northwest corner of Diaz Road and Dendy
Parkway, known as Assessor Parcel No. 909-370-002, in the form attached to this Ordinance as
Exhibit B.
Section 5. Severabilitv. If any sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction
shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 6. Notice of Adoption, The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 7, Effective Date, This Ordinance shall be in full force and effect thirty (30)
days after its passage, The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 8, This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
R:ID P12004104-0582 Temecula Education ComplexlPDOIDraft PC ZC RESOLUTION.doc
5
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
_ day of _, 2005,
Jeff Comerchero, Mayor
ATTEST:
Susan W, Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No, 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the _ day of , 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the _
day of , 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\D P\2004\04-0582 Temecula Education Complex\PDO\Draft PC ZC RESOLUTION.doc
6
EXHIBIT A
ZONING MAP
R:ID P\2004104-0582 Temecula Education ComplexlPDOIDratt PC ZC RESOLUTION.doc
7
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EXHIBIT B
TEMECULA EDUCATION CENTER PDO-l0
R:ID P\2004104-0582 Temecul. Education ComplexlPDOIDratt PC ZC RESOLUTION.doc
8
Temecula Education Center Planned Development Overlay District
17.22.210
TITLE
Sections 17.22.210 through 17.22.218 shall be known as "PDO-10" (Temecula Education
Center Planned Development Overlay District),
17.22.212
PURPOSE AND INTENT
The Temecula Education Center (TEC) planned development overlay district (PDO-10) is
intended to provide regulations for the safe and efficient operation, and creative design of a
unique commercial area within the city, The area is unique in its location and mix of proposed
uses. This special overlay zoning district regulation is intended to permit a range of higher
educational uses, along with high density residential both for sale and for rent, and a range of
neighborhood and project serving commercial uses, Supplemental performance standards
have also been provided to ensure compatibility with the adjacent neighborhoods and to protect
adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially
objectionable impacts. It is the intent of the city to use these special regulations to supplement
the regulations of land uses and development already existing within the adopted development
code.
17.22,214
RELATiONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN
GUIDELINES
A.
The list of permitted, conditionally permilled, and prohibited uses for the
Temecula Education Center planned development overlay district is contained in
Table 17.22.216.
s.
Except as modified by the provisions of Section 17.22.218, the following rules
and regulations shall apply to all planning applications in this area:
1. The development standards in the development code that would apply to
any development within the public/institutional zoning district that are in
effect at the time an application is deemed complete;
2. The approval requirements contained in the development code that are in
effect at the time an application are deemed complete;
3. Any other relevant rule, regulation or standard that is in effect at the time
an application is deemed complete.
17.22.216
USE REGULATIONS
The list of permilled land uses for the Temecula Education Center planned development overlay
district is contained in Table 17.22,216. Where indicated with a leller "P" the use shall be a
permilled use, A letter "C" indicates the use shall be conditionally permitted subject to the
approval of a conditional use permit Any use not specifically listed may be determined to be
permitted or conditionally permitted at the discretion of the Planning Director.
Table 17.22.216
Schedule of Permitted Uses
Temecula Education Center
Planned Development Overlay District
Description of Use PDO-10
A
Adult Continuing Education (Public and Private) P
Aerobics/dance/avmnastics/iazzercise/martial arts studios P
Alcoholic beveraae sales (in association with a restaurant) C'
Animal hospital (indoor only) C
Apparel and accessory shops P
Arcades (pinball and video games) P
Art gallery P
Art supplv stores P
Auditoriums and conference facilities P
B
Bakery retail P
Banks and financial institutions P
Barber and beauty shops P
Bicvcle (sales, rentals, services) P
Billiard parlor/pool hall C
Blueprint and duplicating and copy services P
Bookstores P
C
Camera shop (sales/minor repairs) P
Candy/confectionery sales P
Caterinq services C
Churches, temples, reliqious institutions C
Clothina sales P
Coins, purchase and sales P
Colleqes and universities (Private and Public) P
Communications and microwave installations p2
Communitv health clinics P
Computer sales and service P
Convenience market P
Costume rentals P
0
Data processinq equipment and systems P
Day care centers P
Dav care health center P
Delicatessen P
Dry cleaners P
E
Reserved
F
Financial, insurance, real estate offices P
Fire and police stations (Storefront only) P
Florist shop P
Fortune tellina, spiritualism, or similar activitv P
G
Garages, public parkina P
General merchandise/retail store less than 10,000 sq, It, P
H
Health and exercise clubs p
Health care facilitv p
Health food store p
Helipad or heliport C
Hobbv supplv shop P
I
Ice cream parlor p
J
Reserved
K
Reserved
l
laboratories, film, medical, research or testina centers P
laundromat p
Libraries, museums and aalleries (private) P
Library p
M
Museum p
Musical and recordina studio P
N
Reserved
0
Office eauipment/supplies, sales/service p
Offices, professional services including, but not limited to, business P
law, medical, dental, veterinarian, chiropractic, architectural,
enaineerina, real estate, insurance (less than 10,000 SF)
p
Parcel deliverv services (Retail) P
Parkina lots and parkina structures P
PerforminQ arts, theaters and olaces of oublic assemblv P
Personal service shops P
Photoaraphic studio P
Postal services P
Printina and publishina (newspapers, periodicals, books, etc.) -
Private utilitv facilities (reaulated bv the Public Utilities Commission) P
Q
Reserved
R
Radio and broadcastina studios, offices P
RecvclinQ collection facilities C
ReliQious facilities P
Reliaious institution, with a dav care P
ReliQious institution, with a private school C
Reliaious institution, without a dav care or private school C
Residential, multiple-familv housina P
Residential--senior housinQ C
Restaurants and other eatina establishments P
Restaurants with 10unQe or live entertainment C
s
Schools, business and rofessional
P
P
Scientific research and develo ment offices and laboratories
P
Senior citizen housin see also con
C
C
Sorts and recreational facilities
T
Tailor sho
P
Tile sales
P
Trade or vocational schools
P
u
Reserved
v
Reserved
w
Watch re air
P
y
Reserved
z
Reserved
1. The CUP will be subject to Section 17,1 0,020(B), special standards for the sale of
alcoholic beverages.
2, Subject to citywide antenna standards.
17.22,218
A,
SUPPLEMENTAL DESIGN AND SETBACK STANDARDS
In addition to the standard setback of the Public Institutional Zone contained in
Chapter 17,12, the following special provisions will be allowed:
Minimum lot size
Other than condominium develo
Minimum lot width
Other than condominium develo
Minimum lot depth
Other than condominium develo
Maximum lot coverage
Other than condominium develo
Floor area ratio a
Setbacks:
7,000 sq. ft.
50ft.
100ft.
50%
2.0
Yards ad'acent to Public Streets 20 ft,
lines 0 ft.
Minimum land sea
Residential 50 feet
Retail Uses 40 feet
Educational Uses 100 feet
25%
Hei ht of Fences, Hed es and Walls
Within street side setback areas other 8 feet
than corner visibilit areas
Within corner visibilit areas 3 feet
a, Due to the type of lots created for this development, the allowable
Floor Area Ratio is higher than typically allowed. The building
sites that would have this ratio do not have on-site parking within
the property lines, thus the density of development on the
individual lot is artificially higher than a site that includes its own
parking.
B, In addition to the standard requirements for Parking Facility Layout and
Dimensions contained in Chapter 17.24,050.3 and 4, the following special
landscape provisions will be allowed:
In lieu of landscape planter fingers between the parking spaces, a continuous
planter at the head of the parking row is allowed. These planters shall have an
inside dimension width of five feet and shall have a length equal to the width of
the adjoining parking spaces. It is the intent of this layout to provide a continuous
row of trees to screen the views across the open parking areas. At a minimum,
the required number of trees will be maintained.
C. In lieu of the maximum density allowed within the H residential District, the
density allowed for the residential portions of the Temecula Education Center
planned development overlay district is 27 DU per acre,
D. Due to the unique nature of this education project, the use of turf within the
common areas of the commercial portions of the project is a benefit to the
campus nature of the plan. Therefore, in addition to the requirements in Section
17.12.060, the quantity of turf areas will be allowed to exceed the typical
quantities inferred in the requirements and standards for the commercial
common areas only including the Amphitheater,
E. In lieu of the standard requirements for Private Open Space Per Unit, contained
in Chapter 17.06,040, the following private open space areas will be allowed per
unit type':
MIN. DECK SO % OF UNIT
UNIT NUMBER UNIT SO FT FT2 SIZE
10 611 72 12%
11 669 118 18%
12 667 93 14%
13 542 89 16%
14 586 95 16%
15 616 95 15%
16 722 70 10%
17 753 192 25%
18 651 90 14%
20 816 101 12%
21 798 88 11%
22 981 61 6%
23 1021 93 9%
24 1045 129 12%
25 987 142 14%
26 1265 129 10%
27 1282 129 10%
30 1458 90 6%
31 1509 90 6%
1. In addition to these Private Open Spaces, Public
Open Spaces are located within the buildings
that are usable by all residents. These facilities
are in addition to the recreation facilities on site.
2. Due to various locations of particular units within
the buildings, the areas shown are minimums,
Some of the locations will have larger deck/patio
areas,
ATTACHMENT NO.4
PC RESOLUTION NO. 2005-_
(DEVELOPMENT PLAN)
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PC RESOLUTION NO. 2005-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
PLANNING APPLICATION NO, PA04-0582, A DEVELOPMENT
PLAN FOR THE CONSTRUCTION OF A 170,863 SQUARE FOOT
EDUCATION COMPLEX, AN 18,792 SQUARE FOOT RESEARCH
AND DEVELOPMENT BUILDING WITH A CONFERENCE
CENTER, A PAD FOR A 16,000 SQUARE FOOT DAY CARE
FACILITY, RETAIL SPACE TOTALING 60,863 SQUARE FEET, A
THREE-STORY PARKING STRUCTURE WITH 502 PARKING
SPACES, AND 288 APARTMENT UNITS COMPRISING 337,098
SQUARE FEET, FOR A TOTAL OF 603,616 SQUARE FEET ON
40.0 ACRES," GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWN AS
ASSESSOR PARCEL NOS. 909-370-002 AND 909-120-019.
(~)
./
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which
applications are hereby incorporated by reference, for the property consisting of approximately 40.0
acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as
Assessor Parcel Nos. 909-370-002 and 909-120-019 ("Project"); and
WHEREAS, Planning Application No. PA04-0582 (Development Plan) was processed
including, but not limited to a public notice, in the time and manner prescribed by State and local
law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No, PA04-0582 on May 4,2005, 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 in opposition to this matter;
WHEREAS, the Planning Commission adopted Resolution No. 2005-_, recommending
that the City Council approve a Zone Change; and adopted Resolution No. 2005-_,
recommending that the City Council approve a Development Plan;
WHEREAS, at the conclusion of the Commission hearing and after due consideration olthe
testimony, the Commission adopted Resolution No, 2005-_, recommending that the City Council
approve PA04-0582 (Development Plan);
WHEREAS, all legal preconditions to the adoption of this resolution have occurred,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference,
R:\D P\2004\04-0582 Temecula Education Complex\Draft Rasa & COAs - DP.doc
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Section 2. Findinas, The Planning Commission, in recommending approval of Planning ('--'\,.
Application No, PA04-0582 (Development Plan) hereby makes the following findings as required by )
Section 17,05,010,F of the Temecula Municipal Code:
A, The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of state law and other ordinances of the City,
The proposal is consistent with the land use designation and policies reflected for Public and
Institutional Facilities (PI) development in the City of Temecula General Plan and with all
applicable requirements of state law and other ordinances of the City, As designed and
conditioned, it has been determined that the project is consistent with all applicable zoning
ordinances, state law and the General Plan,
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare,
The proposed architecture and site layout for the project has been reviewed by the Building
Department, Fire Prevention Bureau, and Public Works, The proposed project has met
performance standards in regards to circulation, architectural design, and site plan design.
The project has been reviewed for, and as conditioned, has been found to be consistent with
all applicable policies, guidelines, standards and regulations intended to ensure that the
development will be constructed and function in a manner consistent with the public health,
safety and welfare.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City )
Council on March 16,2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or Ihat new information of
substantial importance is available. The proposed project substantially conforms to tile conceptual
plans for the TemeculaEducation Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the Planning Commission recommends that the City Council make a finding
that the proposed project is consistent with the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. That the City of Temecula Planning Commission hereby
recommends approval of Planning Application No, PA04-0582 (Development Plan) for the
construction of a 170,863 square foot education complex, a 18,792 square foot research and
development building with a conference center, a pad for a 16,000 square foot day care facility,
retail space totaling 60,863 square feet, a three-story parking structure with 502 parking spaces, and
288 apartment units comprising 337,098 square feet, for a t9tal of 603,616 square feet on 40.0
acres located at the northwest corner of Diaz Road and Dendy Parkway, known as Assessor Parcel
Nos. 909-370-002 and 909-120-019, with conditions of approval as attached in Council Resolution
Exhibit A.
)
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 4th day of May, 2005.
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No, 2005-_ was duly and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 4th day of May, 2005, by the following vote:
AYES:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSENT:
ABSTAIN:
Debbie Ubrioske, Secretary
)
R:\D P\2004\04.0582 Temecula Education ComplexIDraft Reso & COAs - DP.doc
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/~,
EXHIBIT A
CITY COUNCIL RESOLUTION NO. 05-_
DEVELOPMENT PLAN
R:\D P\2004\04M0582 Temecula Education Complex\Draft Rasa & COAs - DP.doc
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RESOLUTION NO. 05._
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA04.
0582, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A
170,863 SQUARE FOOT EDUCATION COMPLEX, A 18,792
SQUARE FOOT RESEARCH AND DEVELOPMENT BUILDING
WITH A CONFERENCE CENTER, A PAD FOR A 16,000 SQUARE
FOOT DAY CARE FACILITY, RETAIL SPACE TOTALING 60,863
SQUARE FEET, A THREE.STORY PARKING STRUCTURE WITH
502 PARKING SPACES, AND 288 APARTMENT UNITS
COMPRISING 337,098 SQUARE FEET, FOR A TOTAL OF 603,616
SQUARE FEET ON 40.0 ACRES," LOCATED AT THE
NORTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY,
KNOWN AS ASSESSOR PARCEL NOS. 909.370.002 AND 909.
120-019.
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application No.
PA04-0582 (Development Plan), in a manner in accordance with the City of Temecula General Plan
and Development Code; and
WHEREAS, the Application was processed including, but not limited to.a public notice, in the
time and manner prescribed by State and local law; and
()
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
May 4,2005, 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 in opposition to this
matter; and
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 2005-_,
recommending the City Council approval of a Zone Change; Resolution No. 2005-_,
recommending City Council approval of a Development Plan; and Resolution No. 2005-_,
recommending City Council approval of a Tentative Parcel Map, subject to and based upon the
findings set forth hereunder; and
WHEREAS, on ,2005, the City Council held a duly noticed public hearing
on the Project at which time all persons interested in the Project had an opportunity to and did testify
either in support or in opposition to this matter; and
WHEREAS, at the conclusion of the City Council hearing and after due consideration of the
testimony, the City Council approved the Development Plan for the Project subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated by
reference,
R:\D P\2004\04-0582 Temecula Education Complex\Draft Rasa & COAs - DP .doc
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Section 2. Findinos. The City Council, in approving Planning Application PA04-0582 n
(Development Plan) hereby makes the following findings as required by Section 17,05.01 O.F of the .
Temecula Municipal Code:
A, The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of state law and other ordinances of the City.
The proposal is consistent with the land use designation and policies reflected for Public and
Institutional Facilities (PI) development in the City of Temecula General Plan and with all
applicable requirements of state law and other ordinances of the City. As designed and
conditioned, it has been determined that the project is consistent with all applicable zoning
ordinances, state law and the General Plan,
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare,
The proposed architecture and site layout for the project has been reviewed by the Building
Department, Fire Prevention Bureau, and Public Works. The proposed project has met
performance standards in regards to circulation, architectural design, and site plan design.
The project has been reviewed for, and as conditioned, has been found to be consistent with
all applicable policies, guidelines, standards and regulations intended to ensure that the
development will be constructed and function in a manner consistent with the public health,
safety and welfare.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City ()
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
.substantial importance is available, The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved, Therefore, the City Council finds that the proposed project is consistent with the Final
EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions, The City of Temecula City Council hereby approves Planning
Application No, PA04-0582 (Development Plan) for the construction of a 170,863 square foot
education complex, a 18,792 square foot research and development building with a conference
center, a pad for a 16,000 square foot day care facility, retail space totaling 60,863 square feet, a
three-story parking structure with 502 parking spaces, and 288 apartment units comprising 337,098
square feet, for a total of 603,616 square feet on 40.0 acres located at the northwest corner of Diaz
Road and Dendy Parkway, known as Assessor Parcel Nos. 909-370-002 and 909-120-019, with
conditions of approval as set forth on Exhibits A and B, attached hereto, and incorporated herein by
this reference as though set forth in full.
)
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Section 5. The City Clerk shall certify to the adoption of this Resolution,
PASSED, APPROVED AND ADOPTED this
th day of
,2005
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of T emecula
at a regular meeting held on the th day of ,2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
Susan W, Jones, CMC
City Clerk
R:ID P\2004\04-0582 Temecula Education ComplexIDraft Reso & COAs . DP.doc
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.
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
DEVELOPMENT PLAN
R:\D P12004\04-0582 Temecula Education ComplexIDraft Reso & COAs - DP.doc
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No,: PA04-0582 (Development Plan)
Project Description:
A Development Plan for the construction of a 170,863
square foot education complex, a 18,792 square foot
research and development building with a conference
center, a pad for a 16,000 square foot day care facility,
retail space totaling 60,863 square feet, a three-story
parking structure with 502 parking spaces, and 288
apartment units comprising 337,098 square feet, for a
total of 603,616 square feet on 40.0 acres located at the
northwest corner of Diaz Road and Dendy Parkway.
Assessor's Parcel No.: 909-370-002 & 909-120-019
MSHCP Category: Per Development Agreement
DIF Category: Per Development Agreement
(') TUMF Category: Per Development Agreement
Approval Date: ,2005
Expiration Date: ,2007
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency, It is understood that the Developer correctly shows on the site plan all existing
and proposed property lines, easements, traveled ways, improvement constraints and drainage
courses, and their omission may require the project to be resubmitted forfurther review and revision,
2,
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64,00)
for the County administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding for the Mitigated or Negative Declaration required under Public
Resources Code Section 21108(b) and California Code of Regulations Section 15075, If
within said forty-eight (48) hour period the applicant/developer has not delivered to the
Planning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
{
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(
PRIOR TO ISSUANCE OF GRADING PERMITS
R:ID P\2004104-QS82 Temecula Education ComplexlDraft Reso & COAs . DP.doc
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PRIOR TO ISSUANCE OF GRADING PERMITS
Planning Department
3, Consistent with the Riverside County MSHCP, a Habitat Acquisition and Negotiation
Strategy (HANS) report shall be submitted. The applicant shall meet the requirements, if
any, of that report prior to issuance of a grading permit.
4. Double detector check valves shall be clustered with fire hydrants and Fire Department
Connections at the locations indicated on the Technical Site Plan. The double detector
check valve to be located at the project entry off Dendy Parkway, south of Buildings 8 and
9/10, shall be installed underground and shall be shown as such on the building construction
plans. All other double detector check valves shown on the Technical Site Plan may be
located either aboveground or underground.
5, A Water Supply Assessment shall be prepared and submitted to the Planning Department
indicating the availability of water services to adequately supply water to the project.
6, Provide the Planning Department with a copy of the underground water plans and electrical
plans for verification of proper placement of transformer(s) and double detector check prior
to final agreement with the utility companies.
7.
()
The applicant shall submit a photometric plan, including the parking lot to the Planning
Department, which meets the requirements of the Development Code and the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not
adversely impact the growth potential of the parking lot trees.
8. Per the Mitigation Monitoring and Reporting Program for the project, the project shall include
provision of an onsite mass transit facility or center. The facility shall be shall be designed in
consultation with the Riverside Transit Authority and shall be subject to review and approval
by the Director of Planning, The applicant shall coordinate the design of bus stop facilities
for the site with the Riverside Transit Agency and shall submit correspondence from the
Riverside Transit Agency indicating their concurrence with the design.
9, The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
10. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
11.
)
,
The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease, The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, tlie Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
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determining that the discovery is an archaeological/cultural resource, the Director of n
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
12, The following shall be included in the Notes Section of the Grading Plan: "During excavation
and hill-side cutting activities, a qualified paleontological monitor will be present and will
have the authority to stop and redirect grading activities to evaluate the significance of any
paleontological resources exposed during the grading activity within the alignment. If
paleontological resources are encountered, adequate funding will be provided to collect,
curate, and report on these resources to ensure the values inherent in the resources are
adequately characterized and preserved,"
13. The following shall be included in the Notes Section of the Grading Plan: "The developer
shall retain an archaeological consultant and tribal monitors to prepare and implement a plan
for an intensive data recovery operation by hand excavation, artifact analysis and report
preparation such that potential information can be salvaged prior to the start of site grading."
14. The following shall be included in the Notes Section of the Grading Plan: "Prior to initiating
site grading, the developer shall implement a mitigation plan for cultural resources, The
scope and extent of the mitigation plan shall be determined by consultation between City
staff, Pechanga Band of Luiseiio Mission Indians representatives, and the archaeological
consultant for the project."
15.
The following shall be included in the Notes Section of the Grading Plan: "Site grading shall
be monitored by a qualified archaeologist. Tribal monitors designated by the Pechanga
Band of Luiseiio Mission Indians shall also monitor site grading if required by the tribe, The
monitors shall have the authority to halt and relocate construction activities if subsurface
resources are encountered, Pechanga Tribal' monitors will be allowed to monitor all
archaeological surveys, tests and studies. The results of the surveys, tests, and/or studies
will be utilized to define what areas may require avoidance on the site and the specifics of
how any recovered artifacts shall be managed with the Tribe, as mutually agreed upon by
the City and its technical staff."
( )
16. The following shall be included in the Notes Section of the Grading Plan: "Prior to issuance
of a grading permit, the project developer shall enter into an Agreement with the Pechanga
Band of Luiseiio Mission Indians that addresses the treatment and disposition of all cultural
resources and human remains that may be impacted as a result of this development."
Public Works Department
17. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic
calculations shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to the issuance of any permit.
18. A permit from Riverside County Flood Control and Water Conservation District is required for
work within their right-of-way.
19,
A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works, The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
)
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o
20.
The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
21, A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
22. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to
the Department of Public Works with the initial grading plan check, The report shall address
special study zones and the geological conditions of the site, and shall provide
recommendations to mitigate the impact of ground shaking and liquefaction.
23, The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site, The study shall identify all existing or proposed public or private
drainage facilities intended to discharge this runoff, The study shall also analyze and identify
impacts to downstream properties and provide specific recommendations to protect the
properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities,
including acquisition of drainage or access easements necessary to make required
improvements, shall be provided by the Developer.
24.
()
NPDES - The project proponent shall implement construction-phase and post-construction
pollution prevention measures consistent with the State Water Resources Control Board
(SWRCB) and City of Temecula (City) NPDES programs, Construction-phase measures
shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion
& Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control,
and the SWRCB General Permit for Construction Activities. Post-construction measures
shall be required of all Priority Development Projects as listed in the City's NPDES permit.
Priority Development Projects will include a combination of structural and non-structural
onsite source and treatment control BMPs to prevent contaminants from commingling with
stormwater and treat all unfiltered runoff year-round prior to entering a storm drain.
Construction-phase and post-construction BMPs shall be designed and included into plans
for submittal to, and subject to the approval of, the City Engineer prior to issuance of a
Grading Permit. The project proponent shall also provide proof of a mechanism to ensure
ongoing long-term maintenance of all structural post-construction BMPs.
25. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a, San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c, Planning Department
d. Department of Public Works
26. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
I )
27.
Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
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The Developer shall obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as directed by the Department of Public Works.
29. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid,
28,
30. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone AE. This
project shall comply with Chapter 15, Section 15,12 of the City Municipal Code which may
include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit
shall be submitted to the Department of Public Works for review and approval.
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}
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PRIOR TO ISSUANCE OF A BUILDING PERMIT
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PRIOR TO ISSUANCE OF A BUILDING PERMIT
Prior to the issuance of any building permit, the Developer shall design the following features into
the approved construction plans, or submit the appropriate information as required below. Plans
shall be reviewed and approved by the City of T emecula prior to issuance of a building permit.
Planning Department
31. An outdoor lighting plan indicating the location and design of all outdoor lighting on the site
shall be approved by the Director of Planning. Final construction plans shall provide details
of all outdoor light fixtures, including decorative entry lighting, parking lot lighting, and wall
mounted lighting. Support structures and footings for parking lot lighting shall not encroach
into the required parking stall area of 9 feet by 18 feet.
32. The final construction plans shall include a photometric plan showing foot-candle illumination
in the parking lot, driveways, drive aisles, pedestrian paths of travel, building entrances, and
at property lines. A minimum of one-foot-candle illumination shall be maintained throughout
the site and a minimum of two foot-candle illumination shall be provided at primary building
entrances.
33. Building plans shall indicate decorative lighting fixtures at the primary entries of each
building, subject to the approval of the Director of Planning. Details of all exterior light
fixtures, including decorative entry lighting and wall mounted lighting, shall be provided on
the building plans.
() 34.
35.
36.
37.
38.
Building plans shall indicate window frame materials and colors for all non-residential
buildings, subject to the approval of the Director of Planning.
An outdoor furniture plan showing details of all outdoor furniture shall be approved by the
Director of Planning. Outdoor furniture shall be decorative and of high quality appearance.
The final construction plans shall indicate the inclusion of motorcycle parking spaces
consistent with Section 17.24.040.G.
The final construction plans shall indicate the installation of 34 bicycle parking facilities or
one bicycle space for every 20 vehicle spaces required for commercial uses.
The applicant shall submit a sign program application, sign program application fees, and a
comprehensive sign program for review and approval by the Planning Commission prior to
issuance of a building permit. All signage shall comply with the approved sign program.
39. Design details shall be reviewed and approved by the Director of Planning for the water
feature to be located at the south elevation of Building 3.
40. Planter areas shall be added to the north and west elevations of the parking structure and
hanging plants shall be installed at these elevations, subject to review and approval by the
Director of Planning.
41. A minimum of one broad canopy type tree shall be provided per every four (4) parking
spaces. The tree shall be provided in close proximity to the parking spaces it is to shade.
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42.
43.
Colors and materials for all on-site fences and wall shall be reviewed and approved by the
Director of Planning.
(1
Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. Provide a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. Provide 20% 36-inch box, 30% 24-inch box, and 50% 15 gallon tree sizes or larger.
d. Provide the locations, numbers, genus, species, and container sizes for all shrubs
and ground covers, subject to approval by the Director of Planning.
e. Provide landscaped berms along parking areas located adjacent to public streets to
provide screening of the parking areas.
f. Provide design details for the water feature to be located at the south elevation of
Building 3.
g. Provide color and finish details for all decorative hardscape throughout the project
site. Decorative hardscape shall be provided at all prirnary building entrances and
outdoor gathering areas.
h. Provide an agronornic soils report with the construction landscape plans.
i. One (1) copy of the approved grading plan.
j. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
k. Total cost estimate of plantings and irrigation (in accordance with approved plan).
I. A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of all proposed plant materials to assure proper growth and
landscape developrnent for the long-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shall be responsible to carry out the detailed program.
m. Include the following note on the landscape construction plans: "Areas proposed for
development in another phase occurring not within six months of the completion of
the previous phase shall be temporarily seeded and irrigated for dust and soil
erosion control."
}
44. All utilities shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire
check detectors as required by the Fire Department before starting the screen. Group
utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-
. thought. Plan planting beds and design around utilities. Locate all light poles on plans and
insure that there are no conflicts with trees.
).
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()
Building plans shall indicate that all roof hatches shall be painted "International Orange".
The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall
be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a
contrasting background. The address shall be oriented to the street and placed as closely
as possible to the edge of the building closest to the street.
47. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
45.
46.
Public Works Department
C)
Improvement plans and/or precise grading plans shall conform to applicable City of
Temecula Standards subject to approval by the Director of the Department of Public Works.
The following design criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P .C.C. and 1.00% minimum over A.C.
paving.
b. Driveways shall conform to the applicable City of Temecula Standard No. 207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400. 401 and 402.
e. Improvement plans shall extend 300 feet beyond the project boundaries.
f. Minimum centerline radii shall be in accordance with City of Temecula's Standard
No. 113.
g. All reverse curves shall include a 100 foot minimum tangent section.
h. All street and driveway centerline intersections shall be at 90 degrees.
i. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flowline grades.
j. Landscaping shall be lirnited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
49. The Developer shall construct the following public irnprovements to City of Temecula
General Plan standards unless otherwise noted. Plans shall be reviewed and approved by
the Director of the Department of Public Works:
a. Improve Diaz Road (Major Highway Standards - 100' R1W) to include dedication of
full-width street right-of-way, installation of full-width street improvements, paving,
curb and gutter, sidewalk, street lights, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer), raised landscaped median.
b. Improve Dendy Parkway (Major Highway Standards -1 00' R1W) to include dedication
of half-width street right-of-way, installation of half-width street improvements,
paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer), raised landscaped
median.
48.
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c.
Improve Cherry Street (Local Road Standards - 60' R1W) to include dedication of
half-width street right-of-way, installation of half-width street improvements, curb and
gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
()
50. All street improvement design shall provide adequate right-of-way and pavement transitions
per Caltrans' standards for transition to existing street sections.
51. The Developer shall construct the following public improvements in conformance with
applicable City Standards and subject to approval by the Director of the Department of
Public Works.
a. Street improvements, which may include, but not limited to: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic
signal systems, and other traffic control devices as appropriate.
b. Storm drain facilities
c. Sewer and domestic water systems
d. Under grounding of proposed utility distribution lines
52. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
53.
Bus bays will be designed at all existing and proposed bus stops as directed by Riverside
Transit Agency and approved by the Department of Public Works.
( )'
54. All access rights, easements for sidewalks for public uses shall be submitted and reviewed
by the Director of the Department of Public Works and City Attorney and approved by City
Council for dedication to the City where sidewalks meander through private property.
55. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
56. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06 as may be due and payable by the Development
Agreement.
58.
57. The Developer shall record a written offer to participate in, and waive all rights to object to
the forrnation of an Assessment District, a Community Facilities District, or a Bridge and
Major Thoroughfare Fee District for the construction of the proposed Western Bypass
Corridor in accordance with the General Plan. The form of the offer shall be subject to the
approval of the City Engineer and City Attorney.
The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08 as may be
due and payable by the Development Agreement.
)
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Building & Safety Department
59. All design cornponents shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code. (Please note the code editions are subject
to change and plans shall be in conformance with the codes that are in effect at the time
plans are submitted for review)
()
60. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
March 31, 2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee
schedule in effect at the time of building permit issuance as may be due and payable by the
Development Agreement.
61. At time of plan review, submit complete exterior site lighting plans showing compliance with
Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
62. A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
C) 63.
64.
65.
66.
67.
68.
Obtain street addressing for all proposed buildings prior to submittal for plan review.
All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
Provide disabled access from the public way to the rnain entrance of the building.
Provide van accessible parking located as close as possible to the main entry.
A sound transmission control study shall be prepared and submitted at time of plan review in
accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition
of the California Building Code. (For residential units within the development)
69. Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
70. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
71. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
( )
I
72.
Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
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Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
74. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
73.
75. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
76. Show all building setbacks.
77. Sign age shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
Fire Prevention Bureau
Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
79. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 3000 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a
total fire flow of 3850 GPM with a 2 hour duration. The required fire flow rnay be adjusted
during the approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given
above has taken into account all information as provided. (CFC 903.2, Appendix III-A)
78.
80. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum of 1 hydrants, in a combination of on-site and
off-site (6" x 4" x 2-21/2" outlets) on a looped system shall be located on lire access roads
and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each
intersection and shall be located no more than 250 feet from any point on the street or Fire
Department access road(s) frontage to a hydrant. The required fire flow shall be available
from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be
required. (CFC 903.2, 903.4.2, and Appendix III-B).
81. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2)
82. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
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n
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o
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j
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2)
83.
Prior to building construction, driveways, dead end road ways and streets in excess of one
hundred and fifty (150) feet shall have a turnaround capable of accommodating fire
apparatus. (CFC 902.2.2.4)
84.
Prior to building permit issuance, a full technical report may be required to be submitted and
to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life
safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C
Community Services Department
85. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
86. Prior to the first building permit or installation of additional street lighting which ever occurs
first, the developer shall complete the TCSD application process, submit an approved
Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street
lighting into the TCSD maintenance program.
87. TCSD shall review and approve the location, size and design of the trash enclosures.
88.
The developer shall satisfy the City's park land dedication (Quimby) requirement through the
payment of in-lieu fees equivalent to 2.62 acres of park land, based upon the City's then
current land evaluation. Said requirernent includes a 25% credit for private recreational
opportunities provided on-site and based on 288 residential units. The in-lieu fee shall be
pro-rated at a per-dwelling unit cost prior to the issuance of each residential building permit
requested.
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)
PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY, OR ANY USE ALLOWED BY
THIS PERMIT
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o
PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY, OR ANY USE ALLOWED BY
THIS PERMIT
Planning Department
89. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all loading areas and roof mounted mechanical equipment from
view of the adjacent residences and public right-of-ways. If upon final inspection it is
determined that any mechanical equipment, roof equipment or backs of building parapet
walls are visible from any portion of the public right-of-way adjacent to the project site, the
developer shall provide screening by constructing a sloping tile covered mansard roof
element or other screening if reviewed and approved by the Director of Planning.
90. All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
91. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for a period of one
year from final certificate of occupancy. After that year, if the landscaping and irrigation
systern have been maintained in a condition satisfactory to the Director of Planning, the
bond shall be released upon request by the applicant.
C)
92.
Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing
placards or license plates issued for persons with disabilities may be towed away at owner's
expense. Towed vehicles may be reclaimed by telephoning 951-696-3000."
93. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3
square feet in size.
94. All site improvements including but not limited to parking areas and striping shall be installed
prior to occupancy or any use allowed by this permit.
95. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
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Public Works Department
96. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
97. Corner property line cut off shall be required per Riverside County Standard No. 805.
()
98. All public irnprovements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
99. The existing irnprovements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention Bureau
100. Prior to building final, all locations where structures are to be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access roads shall be an all
weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet.
(CFC sec 902) ( )
101. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
102. The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
103. Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
104. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 241-4.1)
105. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
106. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
)
R:IO P\2004\04-0582 Temecula Education ComplexlOraft Reso & COAs - OP.doc
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107.
plainly visible and legible from the street or road fronting the property. Numbers shall be of a
contrasting color to their background. Commercial, multi-family residential and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors. Single family residences and multi-family
residential units shall have four (4) inch letters and lor numbers, as approved by the Fire
Prevention Bureau. (CFC 901.4.4)
Prior to issuance of a Certificate of Occupancy or building final, a directory display
monument sign shall be required for apartment, condominium, townhouse or mobile home
parks or other "campus" type projects. Each complex shall have an illuminated
diagrammatic layout of the complex which indicates the name of the complex, all streets,
building identification, unit numbers, and fire hydrant locations within the complex. Location
of the sign and design specifications shall be submitted to and be approved by the Fire
Prevention Bureau prior to installation.
Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system.
Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. Sprinkler systems shall conform to NFPA standard 13 unless authorized
otherwise by the fire chief. (CFC Article 10, CBC Chapter 9)
()
108.
(y
109. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm
system monitored by an approved Underwriters Laboratory listed central station. Plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. Alarm systems
shall work independently at each building, and report offsite as approved by the fire chief.
(CFC Article 10)
110. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located
to the right side of the fire sprinkler riser door. (CFC 902.4)
111. All manual and electronic gates on required Fire Department access roads or gates
obstru~ting Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel. (CFC 902.4)
112. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
113. Prior to issuance of a Certificate of Occupancy or building final a sirnple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention
for approval.
Police Department
114. Upon completion of construction, the buildings shall have a monitored alarm system installed
and monitored 24-hours a day by a designated private alarm company, to notify the
Temecula Police Department of any intrusion. All multi-tenant officesl suitesl businesses
located within a specific building should have their own alarm system.
R:\D P\2004\04-0582 Temecula Education Complex\Draft Resa & COAs - DP.doc
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()
GENERAL REQUIREMENTS
()
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27
()
GENERAL REQUIREMENTS
Planning Department
115. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
o
116. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan.
117. The applicant shall comply with the attached Mitigation Monitoring Program for the T emecula
Education Complex Final Environmental Impact Report (Exhibit B).
118. This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
119. The Director of Planning may, upon an application being filed within thirty days prior to
expiration, and for good cause, grant a time extension of up to three one-year extensions of
time, one year at a time.
120. If the applicant proposes to phase development, a phasing plan shall be subrnitted for
review and approval by the Director of Planning.
121. A separate building permit shall be required for all signage_
122. Trash enclosures shall be provided to house all trash receptacles utilized on the site.
123. All downspouts shall be internalized.
124. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
125. The conditions of approval specified in this resolution, to the extent specific items, materials,
equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied
by staffs prior approval of the use or utilization of an item, material, equipment, finish or
technique that City staff determines to be the substantial equivalent of that required by the
condition of approval. Staff may elect to reject the request to substitute, in which case the
real party in interest may appeal, after payment of the regular cost of an appeal, the decision
to the Planning Commission for its decision.
R:\D P\2004\04-0582 Temecula Education Complex\Draft Rasa & COAs ~ DP.doc
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Material
BuildinQ 2/3/4 (Education Complex)
Metal faced siding - elevator tower body
Metal faced siding - window canopies
Precast Concrete - end walls
Stone Tile - Wall at primary entry
Glazing
BuildinQ 7 & BuildinQ 8 (Retail)
Stucco or EFIS - main body
Stucco or EFIS - canopy & columns
Stucco or EFIS - canopy column accents
Stucco or EFIS - canopy accent
Metal Roofing
Glazing'
BuildinQ 9/10 (Retail & Apartments)
Stucco or EFIS . main body
Stucco or EFIS - accents
Stucco or EFIS - canopy & columns
Stucco or EFIS - canopy column accents
Stucco or EFIS - canopy accent
Metal Garage Doors
Window Frames (Apartments)
Metal Roofing
Glazing
BuildinQ 11A (Apartments)
Stucco or EFIS - main body
Color
( )
Medium Bronze Metallic by Alpolic
Silver Metallic by Arcadia
Tan (Pacific Stone Design #45)
Crossville "Blue 12 12"
Blue-Green glass by LOF (visions & spandrel)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE6242 (Wells Gray)
AEP Span Aegean Copper
Blue-Green glass by LOF
Dunn Edwards DE6107 (Breakfast Biscuit)
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6108 (English Scone)
. Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE5803 (Turbulent Sea)
Dunn Edwards DE6242 (Wells Gray)
White vinyl by Solar
Almond vinyl by Solar
AEP Span Aegean Copper
Blue-Green glass by LOF (storefront)
Clear (apartments)
( )
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6107 (Breakfast Biscuit)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE611 0 (Warm Hearth)
Dunn Edwards DE6244 (Smoky Forest)
)
R:\O P\2004\04-0582 Temecula Education ComplexlOraft Reso & COAs - OP.doc
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o
Stucco or EFIS - accents
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6243 (Union Springs)
AEP Span Aegean Copper
Clear anodized aluminum
Dunn Edwards DE6242 (Wells Gray)
White vinyl by Solar
Almond vinyl by Solar
AEP Span Aegean Copper
Clear
Metal Window Canopies
Metal Garage Doors
Window Frames
Metal Roofing
Glazing
Buildino 11 B (Apartments)
Stucco or EFIS - main body
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6107 (Breakfast Biscuit)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE6110 (Warm Hearth)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6242 (Wells Gray)
AEP Span Aegean Copper
Clear anodized aluminum
Silver Metalic
Dunn Edwards DE6242 (Wells Gray)
White vinyl by Solar
Almond vinyl by Solar
AEP Span Aegean Copper
Clear
()
Stucco or EFIS - accents
. Metal Window Canopies
Metal Garage Doors
Window Frames
Metal Roofing
Glazing
Buildino 11 C (Apartments)
Stucco or EFIS - main body
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6107 (Breakfast Biscuit)
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE5185 (Cedarville)
R:IO P\2004\04-0582 Temecula Education ComplexlOraft Reso & COAs - OP.doc
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Stucco or EFIS - accents
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE5802 (China Clay)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE6109 (Kraft Paper)
Dunn Edwards DE611 0 (Warm Hearth)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6241 (Lunar Landing)
Dunn Edwards DE5185 (Cedarville)
Dunn Edwards DE5188 (Ruddy Oak)
Dunn Edwards DE6243 (Union Springs)
Dunn Edwards DE6244 (Smoky Forest)
Dunn Edwards DE6242 (Wells Gray)
Dunn Edwards DE5187 (Weathered Saddle)
Dunn Edwards DE6241 (Lunar Landing)
AEP Span Aegean Copper
Clear anodized aluminum
Silver Metalic
Dunn Edwards DE6242 (Wells Gray)
White vinyl by Solar
Almond vinyl by Solar
AEP Span Aegean Copper
Clear
Metal Window Canopies
Metal Garage Doors
Window Frames
Metal Roofing
Glazing
BuildinQ 12 IR&D/Conference Center)
Stucco or EFIS - main body
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE5803 (Turbulent Sea)
Medium Bronze Metallic
Tan (Pacific Stone Design #45)
Silver Metallic
AEP Span Aegean Copper
Clear
Metal Panels - main body
Precast Concret - main body
Metal Faced Canopy Panels
Metal Roofing
Glazing
ParkinQ Structure
Concrete structure - exterior walls
Dunn Edwards DE5186 (Secluded Canyon)
Dunn Edwards DE6108 (English Scone)
Dunn Edwards DE6109 (Kraft Paper)
126. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
127. Areas proposed for development in another phase occurring not within six months of the
completion of the previous phase shall be temporarily seeded and irrigated for dust and soil
erosion control.
Public Works Department
128. A Grading Permit for either rough andlor precise grading, including all on-site flat work and
improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
R:IO P\2004\04-0582 Temecula Education ComplexlOraft Reso & COAs - DP.doc
31
-,
()
( )
o
129. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
130. All improvement plans, grading plans, and raised landscaped median plans shall be
coordinated for consistency with adjacent projects and existing improvements contiguous to
the site and shall be submitted on standard 24" x 36" City of Temecula mylars.
131. The vehicular movement at the northerly driveway on Dendy Parkway shall be restricted to
right out only.
Building & Safety Department
132. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits
Fire Prevention Bureau
133. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction. (CFC 8704.2 and 902.2.2)
Community Services Department
The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste container(s).
134.
135.
n 136.
137.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
The Applicant shall comply with the Public Art Ordinance as may be due and payable by the
Development Agreement.
All parkways, landscaping, fencing, recreational amenities and on site lighting shall be
maintained by the property owner or maintenance association.
Police Department
138. All exterior lighting surrounding the project site should be energy-saving and minimized after
11 :00 p.m. to comply with the State of California Lighting Ordinance. Furthermore, all
exterior lighting must comply with the Mt. Palomar Lighting Requirements.
139. Vandal resistant fixtures should be installed above all exterior doors. The doors shall be
illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed.
140. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be
commercial or institution grade.
141. Any graffiti painted or marked upon the buildings shall be removed or painted over within
twenty-four (24) hours of being discovered. Notify the Temecula Police Department
immediately so a report can be taken.
142. Any public telephones located on the exterior of this facility should be placed in a well-
lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This
\ feature is not required for public telephones installed within interior areas of this facility.
/
R:\D P\2004\04-0582 Temecula Education Complex\Draft Rasa & COAs. DP.doc
32
OUTSIDE AGENCIES
143. The applicant shall comply with the attached letter dated January 7,2005 from the Southern
California Gas Company.
144. The applicant shall comply with the attached letter dated December 6, 2004 from the
Rancho California Water District.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be rnaintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Comrnunity Development Department approval.
Date
Applicant's Signature
Applicant's Printed Name
R:\D P\2004\04-0582 Temecula Education Complex\Draft Rasa & COAs - DP.doc
34
n
( )
)
()
()
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
)
R:IO P\2004\04-0582 Temecula Education ComplexlOraft Reso & COAs - OP.doc
35
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OUTSIDE AGENCIES
R:\O P\2004\04.0582 Temecula Education ComplexlOraft Reso & COAs . DP.doc
33
---
,.
A
()
. Southern
California
Gas Company'
A ~ Sempra Energy. company
January 7, 2005
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Subject:
010705 Various Projects
PA04-0561, 40517 MargaritaRd, Temecula
Mall Loo Rd - Construction
PA04-0584, Temecula Education Complex. On
Diaz Btwn Cher & Cam us - Construction -
PA04.0584, Star World Center. Old Town
Front Street. Construction
PA04-0588, Roick Drive Business Condo-
C)
PA04-0592, Penfold Plaza - Construction
PA04-0612, Palomar Plaza - Construction-
43980 Mar arita Rd
PA04-0620, Boys & Girls Club - Construction-
31465 Via Cordoba
PA04-0621, Butterfield Ranch Shopping Center
- construction Commercial Bldgs . Southwest
Comer of H 79 South & Butterfield
PA04-0622, Tall Tree Mall Expansion-
Construction - Office Bid s
PA02-0362 -Rancho Temecula Town Centre-
H 79 & Nicholas
PA04-0200, 201, SIE Rancho Calif Rd &
Meadows P -Construction
!)/'I).J\;#
~l [~~~; ~ ;;~~ W
By
SoIl1hem CaIIIomIa
Gas~
9<<XJ0aMak A....u.
0Itmw0nh, 01
91313
Moiling Mfn=
p. 0. Box 23(XJ
0Itmw0nh, 01
91313.23(XJ
M.L9314
tel 818-701-4546
ji1x 818-701.3441
Southern California Gas Company, Transmission Department, has no
conflict with your proposed improvement. However, our Distribution
department may have some facilities within your construction area. To
assure no conflict with the local distribution's pipeline system, please
contact (909) 335-7725.
~'ncereIY,
\ /......~-;-') . f ,
. . ..,-
Rosalyn u es
) Transml . n Pipeline Planning Assistant
@
Bancha
Wa1er
Board of Direewl'll
John E. Hoagland
Pnsident
C$aba F. Ko
Sr. Vice President
Stephen J. Corona
Ralph H. Daily
Ben R. Drake
Lisa D. Berman
Michael R. McMillan
Officers:
Brian J. Brady
<kneraI Manager
Phillip 1.. Forbes
Director of Finance-Treasurer
E.P. "Bob" Lemons
Director of Engineering
Perry R. Louck
Director of Planning
Jeff D. Armstrong
Controller
!Jnda M. Fregoso
District Secretary/Administrative
Services Managllr
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
December L., 2004
Stuart Fisk, Project Planner
City of Temecula
. Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
i~rc: fr,:) f?, n (in rs ir]'
~ It; l h \i; i) Ii J; \ 1\1\
'\ DEe 0 6 2004 i ~
,
,
~)
By
SUBJECT: WATER AND SEWER AVAILABILITY
TEMECULA EDUCATION COMPLEX
A PORTION OF PARCEL NO.1 OF PARCEL MAP NO. 4646
APN 909-370-002; CITY PROJECT NO. PA04-058f~
[A.G. KADING]
Dear Mr. Fisk:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water and. sewer
service, therefore, would be available upon construction of any required on-site
and/or off-site water and sewer facilities and the completion of [mancial
arrangements between RCWD and the property owner.
If fire protection is required, the customer will need to contact RCWD for fees
and requirements.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
This project has the potential to become a commercial condominium-type
development, with individual building owners and an owners' association
maintaining the common property and private water, fire protection, and
landscape irrigation facilities. In this case, as a condition of approval for the
project, RCWD would require that the City of Temecula rnclude a Reciprocal
Easement and Maintenance Agreement for these on-site private water facilities.
In addition to this agreement, RCWD would require individual water meters for
each condominium unit.
),
The project should be conditioned to use recycle'd water for all landscape
irrigation. If you should have any questions, please contact an Engineering
Services Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
/rJ<_;/ /),?, 7J1
I M:c~yerpe~er: I~
Development Engineering Manager
04\MM:at225\FCF
):
c: Laurie Williams, Engineering Services Supervisor
Rancho California Water District
42135 Winchester Road. Post Office Box 9017 . Temecula. California 92589-9017 . (951)296-6900. FAX (951) 296-6860
/-,
!
ATTACHMENT NO.5
PC RESOLUTION NO. 2005-_
(TENTATIVE PARCEL MAP)
. R:\D P\2Q04\04.0582 Temecula Education CompJex\PC-ST AFF REPORT.doc
16
PC RESOLUTION NO. 2005-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES
INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL
PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY
RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC
RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER
PARCELS, GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DIAZ ROAD AND DENDY PARKWAY, KNOWN
AS ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-
019 (PA05-0070)."
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which
applications are hereby incorporated by reference, for the property consisting of approximately 40.0
acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as
Assessor Parcel Nos. 909-370-002 and 909-120-019 ("Project"); and
WHEREAS, Planning Application No. PA05-0070 was processed including, but not limited to
public notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA05-0070 on May 4,2005 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, testily either in
support or opposition to this matter;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 2005-_,
recommending the City Council approve a Zone Change; adopted Resolution No. 2005_,
recommending the City Council approve a Development Plan; and adopted Resolution No. 2005-
recommending the City Council approve the proposed Tentative Parcel Map;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
Section 2. Findinos. That the Planning Commission, in recommending approval of the
Application, hereby recommends the following findings as required in Section 16.09.140 of the
Temecula Municipal Code:
G:\Planning\2005\PA05-0070 Education Complex-TPM\Planning\Oraft TPM Resolution.DOC
,
A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of
Temecula Municipal Code because the proposed subdivision map is consistent with the
development standards within the Development Code, Subdivision Ordinance, and General Plan.
B. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a
Land Conservation Act contract.
C. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of approval, is not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or
habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-
site. Furthermore, a Final Environmental Impact Report has been prepared and certified prior to
action on the Application;
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
F. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the proposed
subdivision, or the design of the alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
H. The subdivision is a commercial/residential project. The commercial portion of the
project is not subject to Quimby fees. The project has been conditioned that for the residential
portion of the project, the developer shall satisfy the City's park land dedication (Quimby)
requirement through the payment of in-lieu fees equivalent to 2.62 acres of park land, based upon
the City's then current land evaluation. Said requirement includes a 25% credit for private
recreational opportunities provided on-site and based on 288 residential units. The in-lieu fee shall
be pro-rated at a per-dwelling-unit cost prior to the issuance of each residential building permit
requested.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
substantial importance is available. The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the Planning Commission recommends that the City Council make a finding
that the proposed project is consistent with the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
G:\Planning\200S\PAOS-0070 Education Complex- TPM\Planning\Draft TPM Resolution.DOC
2
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. The Planning Commission of the City of Temecula hereby
recommends approval of the Project (PA05-0070; Tentative Parcel Map No. 33405) with conditions
of approval as attached in Council Resolution Exhibit A .
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 4th day of May, 2005.
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No.2005-_ was duly and regularly ado~ted by the Planning Commission of the City
of Temecula at a regular meeting thereof held on the 4' day of May, 2005, by the following vote of
the Commission:
AYES:
PLANNING COMMISSIONERS:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2005\PA05-0070 Education Complex-TPM\Planning\Oraft TPM Resolution.DOC
3
EXHIBIT A
CITY COUNCIL RESOLUTION 05-_
TENTATIVE PARCEL MAP
G:IPlanning\2005IPA05-0070 Education Complex- TPMIPlanninglOraft TPM Resolution.OOC
4
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 33405
TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES INTO 15
PARCELS CONSISTING OF EIGHT COMMERCIAL PARCELS,
ONE MIXED-USE PARCEL, ONE MULTI-FAMILY RESIDENTIAL
PARCEL, THREE PARCELS FOR PUBLIC RIGHT-OF.WAY FOR
STREETS, AND TWO REMAINDER PARCELS, GENERALLY
LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND
DENDY PARKWAY, KNOWN AS ASSESSOR'S PARCEL NOS.
909-370-002 AND 909-120-019 (PA05-0070).
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which
applications are hereby incorporated by reference, for the property consisting of approximately 40.0
acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as
Assessor Parcel Nos. 909-370-002 and 909-120-019 ("Project"); and
WHEREAS, the Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law; and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project, at which time the City staff and
interested persons had an opportunity to, and did, testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 2005-_,
recommending the City Council approve a Zone Change; adopted Resolution No. 2005_,
recommending the City Council approve a Development Plan; and adopted Resolution No. 2005-
_, recommending the City Council approve the proposed Tentative Parcel Map;
WHEREAS, on ,2005, the City Council of the City of Temecula held a duly
noticed public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
WHEREAS, at the conclusion of the City Council hearing and after due consideration of the
testimony, the City Council approved the Tentative Parcel Map for the Project subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
G:\Planning\2005\PAOS.0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
5
Section 2. FindinQs. The City Council, in approving Planning Application PA05-0070
(Tentative Parcel Map No. 33405) hereby makes the following findings as required by Section
16.09.140 of the Temecula Municipal Code:
A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, Subdivision Ordinance, General Pian, and the City of
Temecula Municipal Code because the proposed subdivision map is consistent with the
development standards within the Development Code, Subdivision Ordinance, and General Plan.
B. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a
Land Conservation Act contract.
C. The site is physically suitable for the uses and proposed density as shown on the
tentative map as proposed by the Applicant.
D. The design of the proposed subdivision and the proposed improvements, with
appropriate conditions of approval, is not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or
habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-
site. Furthermore, a Final Environmental Impact Report has been prepared and certified prior to
action on the Application.
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
F. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the proposed
subdivision, or the design of the alternate easements which are substantially equivalent to those
previously acquired by the public will be provided.
H. The subdivision is a commercial/residential project. The commercial portion of the
project is not subject to Quimby fees. The project has been conditioned that for the residential
portion of the project, the developer shall satisfy the City's park land dedication (Quimby)
requirement through the payment of in-lieu fees equivalent to 2.62 acres of park land, based upon
the City's then current land evaluation. Said requirement includes a 25% credit for private
recreational opportunities provided on-site and based on 288 residential units. The in-lieu fee shall
be pro-rated at a per-dwelling-unit cost prior to the issuance of each residential building permit
requested.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR has
been certified for a project, no subsequent EIR shall be prepared for that project unless the lead
agency determines that substantial changes are proposed or will occur, or that new information of
substantial importance is available. The proposed project substantially conforms to the conceptual
plans for the Temecula Education Complex Final EIR and no new information of substantial
importance regarding the environmental review of the project has arisen since the EIR was
approved. Therefore, the City Council finds that the proposed project is consistent with the Final
EIR for the Temecula Education Complex.
G:\Planning\2005\PA05-0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
6
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into affect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be required
to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. Conditions. The City Council of the City of Temecula hereby approves
Tentative Parcel Map No. 33405, Application No. PA05-0070, subject to conditions of approval as
set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth
in full.
Section 5.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this _ day of
,2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Cierk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 05-_ was duly and regularly adopted by the City Council of the City ofTemecula at
a regular meeting held on the _ day of , 2005, by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA05-0070 (Tentative Parcel Map 33405)
Project Description: A Tentative Parcel Map to subdivide two lots totaling 40.0
acres into 15 parcels consisting of eight commercial
parcels, one commercial/residential parcel, on multi-
family residential parcel, three parcels for public right-of-
way for streets, and two remainder parcels, generally
located at the northwest corner of Diaz Road and Dendy
Parkway.
Assessor's Parcel No.: 909-370-002 and 909-120-019
DIF: Per Development Agreement
TUMF: Per Development Agreement
MSHCP: Per Development Agreement
Approval Date: , 2005
Expiration Date: , 2008
WITHIN FORTY-EIGHT (48) HOURS OF PROJECT APPROVAL
It is understood that the Developer correctly shows on the tentative map all existing and proposed
easements, traveled ways, improvement constraints and drainage courses, and their omission may
require the project to be resubmitted for further review and revision.
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00)
for the County administrative fee, to enable the City to file the Notice of Determination with a
DeMinimus Finding for the Mitigated or Negative Declaration required under Public
Resources Code Section 211 08(b) and California Code of Regulations Section 15075. If
within said forty-eight (48) hour period the applicant/developer has not delivered to the
Planning Department the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
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PRIOR TO THE ISSUANCE OF A GRADING PERMIT
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PRIOR TO THE ISSUANCE OF A GRADING PERMIT
Planning Department
2. Consistent with the Riverside County MSHCP, a Habitat Acquisition and Negotiation
Strategy (HANS) report shall be submitted. The applicant shall meet the requirements, if
any, of that report prior to issuance of a grading permit.
3. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
4. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by
providing documented evidence that the fees have already been paid.
5. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
6. The following shall be included in the Notes Section of the Grading Plan: "During excavation
and hill-side cutting activities, a qualified paleontological monitor will be present and will
have the authority to stop and redirect grading activities to evaluate the significance of any
paleontological resources exposed during the grading activity within the alignment. If
paleontological resources are encountered, adequate funding will be provided to collect,
curate, and report on these resources to ensure the values inherent in the resources are
adequately characterized and preserved."
Public Works Department
7. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
8. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
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commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
9. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations for the construction of engineered
structures and preliminary pavement sections.
10. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults and potential for liquefaction. The report shall include
recommendations to mitigate the impact of ground shaking and liquefaction.
11. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
12. NPDES - The project proponent shall implement construction-phase and post-construction
pollution prevention measures consistent with the State Water Resources Control Board
(SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures
shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion
& Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control,
and the SWRCB General Permit for Construction Activities. Post-construction measures
shall be required of all Priority Development Projects as listed in the City's NPDES permit.
Priority Development Projects will include a combination of structural and non-structural
onsite source and treatment control BMPs to prevent contaminants from commingling with
stormwater and treat all unfiltered runoff year-round prior to entering a storm drain.
Construction-phase and post-construction BMPs shall be designed and included into plans
for submittal to, and subject to the approval of, the City Engineer prior to issuance of a
Grading Permit. The project proponent shall also provide proof of a mechanism to ensure
ongoing long-term maintenance of all structural post-construction BMPs.
13. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
14. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
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15. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
16. The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "AE" and
is subject to flooding of undetermined depths. Prior to the approval of any plans, the
Developer shall demonstrate that the project complies with Chapter 15.12 of the Temecula
Municipal Code for development within Flood Zone "A". A Flood Plain Development Permit
is required prior to issuance of any permit. Residential subdivisions shall obtain a Letter of
Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) prior to
occupancy of any unit. Commercial subdivisions may obtain a LOMR at their discretion..
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PRIOR TO RECORDATION OF A FINAL MAP
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PRIOR TO RECORDATION OF A FINAL MAP
Planning Department
17. The following shall be submitted to and approved by the Planning Department:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty miles (30) of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. An Environmental Impact Report and Mitigation Monitoring and Reporting
Program were prepared for this project and is on file at the City of Temecula
Planning Department.
iii. This project is within a liquefaction hazard zone.
iv. This project is within a subsidence hazard zone.
v. The project is within a flood hazard zone.
vi. The project is within a dam inundation hazard zone.
vii. This property is located within an area identified by the City of Temecula
General Plan as being a sensitive area with regards to paleontological
resources.
Public Works Department
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete
the following or have plans submitted and approved, subdivision improvement agreements executed
and securities posted:
18. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern Municipal Water District
d. Riverside County Flood Control and Water Conservation District
e. City of Temecula Fire Prevention Bureau
f. Planning Department
g. Department of Public Works
h. Riverside County Health Department
i. Cable TV Franchise
j. Community Services District
k. General Telephone
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I. Southern California Edison Company
m. Southern California Gas Company
n. Fish & Game
o. Army Corps of Engineers
19. The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department of Public Works:
a. Improve Diaz Road (Major Highway Standards - 100' R/W) to include dedication of
full-width street right-of-way, installation of full-width street improvements, paving,
curb and gutter, sidewalk, street lights, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer), raised landscaped median.
b. Improve Dendy Parkway (Major Highway Standards -100' R/W) to include dedication
of half-width street right-of-way, installation of half-width street improvements,
paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer), raised landscaped
median.
c. Improve Cherry Street (Local Road Standards - 60' R/W) to include dedication of
half-width street right-of-way, installation of half-width street improvements, curb and
gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
d. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
20. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All reverse curves shall include a 100-foot minimum tangent section.
h. All street and driveway centerline intersections shall be at 90 degrees.
i. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
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j. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
k. Ail utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
21. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and
reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
22. Relinquish and waive right of access to and from Diaz Road on the Parcel Map with the
exception of one opening as delineated on the approved Tentative Parcei Map.
23. Relinquish and waive right of access to and from Dendy Parkway on the Parcel Map with the
exception of four (4) openings as delineated on the approved Tentative Parcel Map.
24. Relinquish and waive right of access to and from Cherry Street on the Parcel Map with the
exception of two (2) openings as delineated on the approved Tentative Parcel Map.
25. Corner property iine cut off for vehicular sight distance and installation of pedestrian facilities
shall be provided at all street intersections in accordance with Riverside County Standard
No. 805.
26. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shail be free from all encumbrances as approved by the Department
of Public Works.
27. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Priorto City
Council approval of the Parcel Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
28. Any delinquent property taxes shall be paid.
29. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel
Map to delineate identified environmental concerns and shall be recorded with the map
30. The Developer shall comply with all constraints which may be shown upon an Environmentai
Constraint Sheet recorded with any underlying maps related to the subject property.
31. The Developer shail make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Parcel Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
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32. A copy of the grading and improvement plans, along with supporting hydrologic and
hydraulic calculations shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to recordation of the Parcel Map or the issuance of
any permit. A permit from Riverside County Flood Control and Water Conservation District
is required for work within their right-of-way.
33. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Teiephone, cable TV,
andlor security systems shall be pre-wired in the residence.
34. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable TV Standards at time of street improvements.
35. Private drainage easements for cross-lot drainage shali be required and shali be delineated
and noted on the final map.
36. Easements for sidewalks for pubiic uses shall be dedicated to the City where sidewalks
meander through private property.
37. An easement for reciprocal ingress/egress shall be provided prior to approval of the Parcel
Map or issuance of buiiding permits, whichever occurs first.
38. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or
issuance of building permits, whichever occurs first.
39. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
Fire Department
40. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
Caiifornia Building Code (CBC), Caiifornia Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
41. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land
division per CFC Appendix III-A, Table A-III-A-1. The applicant shall provide altime of plan
review a copy of the original conditions of approval showing the originally required fire flow,
AND a current fire flow test meeting those standards. If the applicant is unable to provide
the original conditions of approval this project will be required to provide for this
project, a water system capable of delivering 4000 GPM at 20-PSI residual operating
pressure with a 4 hour duration. The required fire flow may be adjusted during the approvai
process to reflect changes in design, construction type, or automatic lire protection
measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has
taken into account all information as provided. (CFC 903.2, Appendix III-A)
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42. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. The applicant shall provide at time of plan review a copy of
the original conditions of approval showing the originally required fire hydrant spacing and
distances for this land/site, AND current evidence of meeting those standards. If the
applicant is unable to provide the original conditions of approval this project will be
required to provide super fire hydrants (6" x 4" x 2-2 1/2" outlets) located on Fire
Department access roads and adjacent public streets. Hydrants shall be spaced 250 feet
apart, at each intersection and shall be located no more than 150 feet from any point on the
street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall
be available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B)
43. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45) feet. (CFC 902.2.2.3, CFC 902.2.2.4)
44. All locations where structures are built shall maintain approved Fire Department vehicle
access roads to within 150 feet to any portion of the facility or any portion of an exterior wall
of the building(s). NO CHANGES TO DRIVEWAYS, CURBS, OR OTHER MEANS OF
ACCESS WILL BE ALLOWED THAT EFFECT FIRE LANES OR FIRE DEPARTMENT
ACCESS ROADS. Fire Department access roads shall be an all weather surface designed
for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902)
45. Fire Department vehicle access roads shall maintain an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
46. This development shall maintain two (2) points of access, via all-weather surface roads, as
approved by the Fire Prevention Bureau. (CFC 902.2.1)
47. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4)
48. An agreement for the maintenance and repair of any and all existing underground Fire
Department Water Systems, including all lire sprinkler supplies and all fire hydrants and
supplies will be in place as a condition of this division to maintain available water in
perpetuity.
49. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map including
parcel and street centerline information. The electronic file will be provided in a ESRI
ArclnfolArcView compatible format and projected ina State Plane NAD 83 (California Zone
VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and
format prior to satisfaction of this condition.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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PRIOR TO ISSUANCE OF BUILDING PERMITS
Public Works
50. Parcel Map 33405 shall be approved and recorded.
51. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
52. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
53. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the T emecula Municipal Code and all
Resolutions implementing Chapter 15.06 as may be due and payable by the Development
Agreement.
54. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08 as may be
due and payable by the Development Agreement.
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PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
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PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
Public Works
55. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
56. All necessary certifications and clearances from engineers, utility companies and publiC
agencies shall be submitted as required by the Department of Public Works.
57. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
58. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to
the construction operations of this project shall be repaired or removed and replaced to the
satisfaction of the Director of Public Works.
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GENERAL REQUIREMENTS
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GENERAL REQUIREMENTS
Planning Department
59. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
60. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to the City of Temecula Subdivision Ordinance, unless modified by the conditions listed
below. A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 30 days prior to the expiration date.
61. The applicant shall comply with the attached Mitigation Monitoring Program forthe Temecula
Education Complex Final Environmental Impact Report (Exhibit B).
Public Works Department
62. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
63. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
64. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
65. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for
consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
66. The vehicular movement at the northerly driveway on Dendy Parkway shall be restricted to
right out only.
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24
OUTSIDE AGENCIES
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25
OUTSIDE AGENCIES
67. The applicant shall comply with the attached letter dated March 17, 2005 from the Rancho
California Water District.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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26
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
G:\Planning\2005\PA05-0070 Education Complex-TPM\Planning\Draft TPM Resolution.DOC
27
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OUTSIDE AGENCIES
G:IPlanning\2005IPA05-0070 Education Complex-TPMIPlanninglOraft TPM Resolution.OOC
25
(@
Rancho
Water
Board of Directors
Csaba F. Ko
President
Ben R. Drake
Sr. Vice President
Stephen J. Corona
Ralph H. Daily
Usa D. Herman
John E. Hoagland
Michael R. McMillan
Officers:
Brian J. Brady
General Manager
Phillip 1.. Forbes
Director of Finance-Treasurer
( ) E.P. "Bob-Lemons
_ Director of Engineering
Perry R. Louck
Director of Planning
JeffD. Armstrong
Controller
c'
March 17,2005
Stuart Fisk, Project Planner
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589 - 9033
~I;;~
MAR 22 Z005
~.::::-~':7: 11 ~q
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SUBJECT: WATER AND SEWER AVAILABILITY
TENTATIVE PARCEL MAP NO. 33405
TEMECULA EDUCATION COMPLEX
PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646
APN NOS. 909-370-002 AND 909-120-019
CITY PROJECT NO. PA05-0070, [A.G.K. GROUP]
Dear Mr. Fisk:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water and sewer
service, therefore, would be available upon construction of any required on-site
and/or off-site water and sewer facilities and the completion of financial
arrangements between RCWD and the property owner.
. If fire protection is required, the customer will need to contact RCWD for fees
and requirements.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
Unda M.. Fregoso
IHstri<t-."""IAdnriniotmtivo This project is a commercial condominium development, with individual building
Semces Manager .. .. .
owners and an Owner's ASSOCIatIOn maintaining the common property and
c. Michael Cowett
B...Be....Krl..orLLP private sewer, water, fire protection and landscape irrigation facilities. RCWD
Gen.nolC,,~ol requires that the City include a Reciprocal Easement and Maintenance Agreement
for these on-site private facilities, as a condition of approval for the project. In
addition to this agreement, RCWD requires individual water meters for each
condominium unit.
)
If you have any questions, please contact an Engineering Services Representative
at this office at (951) 296-6900.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
7J1~ /Jh. .
r ~i~~M~yerpeter, P.
Development Engineering Manager
4~(02:.o
~" CAU~RNL'
I~ .."....YER
. DISTRfCJ'
:::::r..,-..'............,.
05\MM:lm003\FEG
c: Laurie Williams, Engineering Services Supervisor
Rancho Califonda Water Distrlct
42135 Winche5terRoad . Post Office Box 9017 . Temecula, California 92589-9017 . (951) 296-6900 . FAX (951)296-6860
ATTACHMENT NO. 11
APPLICANT LETTER REGARDING CONDITIONS OF APPROVAL
R:\D P\2004\04-0582 Temecula Education Complex\CounciJ Staff Report.doc
15
Keisker &
Wggle
Archltects~
June 5, 2005
City of Temecula Planning Department
Attn: Stuart Fisk
RE: Temecula Education Center
Conditions of Approval
Dear Stuart:
In preparation for the City Council, we have reviewed the Planning Commission
conditions for both the development and the tentative map and have the
following questions and concerns. it is our intention to come to agreement on ali
these prior to the meeting.
Development Plan Conditions
49a Provide a median along Diaz. Nowhere else along Diaz has a median, and
we question the need for one at only this location.
49c Develop Cherry Street as a public street. It is our understanding that it may
be developed as a private driveway now with a non-revocable offer of
dedication for the future.
89 Screening mechanical on commercial buildings from surrounding residential
units. We need to confirm that our apartment units do not trigger the screening
requirement. While we will fully conceal the equipment from ground views at ali
locations, the proximity of our own apartment units (horizontally and vertically)
to the commercial roofs makes this condition unachievable.
123 Concealed downspouts. We would like to verify that this is for commercial
only? If residential is also within this requirement. we would like to allow exposed
within the courtyard?
:~.~6c)61 CCjr"T'iino (J(;
S:jte!
,', q'_:_:()~.>~l p qf:C)/:3fY-)-..125U, F
City ot Temecula
Planning Department
Keisker & Wiggle Architects, Inc.
June 5, 2005
Page 2
136 Art fee. Agee goes back to the date of the agreement and the fact that
this fee was added after that date. We would be ok if we are encouraged to
conform, but not required.
139 - 140 Police lighting. We would like to verify that this lighting is for the
commercial entries only. Also, commercial/institutional hardware is not typically
found on apartments. We again want to verify that these conditions apply to
the commercial only.
Tentative Map Conditions
19a Same as 49a above.
19c Same as 49c above
24 Relinquish access rights to Cherry. We would like this tied the future
dedication of Cherry instead of now. See 49c.
31 What off site property interests are being discussed here?
66 Is this referring to the easterlv driveway on Dendy? (closest to Diaz)
That completes the list. As you can see, the issues are minor and many are just
clarifications. For the clarifications, we need to clarify within the condition or via
a memo that we can both rely on.
Please give Agee or I a call if there are any questions.
Sincerely,
Keisker & Wiggle Architects, Inc.
Gary Wiggle
Architect
ITEM 24
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN E
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works/City Engineer
DATE: June 28, 2005
SUBJECT: Adoption of Ordinance; Amending Chapter 8.28 of the Temecula Municipal
Code; Urgency and Regular Ordinances; Urgency Fee Resolution
PREPARED BY: William P. Curley III, Assistant City Attorney
Aldo Licitra, Associate Engineer (NPDES)
Beryl Yasinosky, Management Analyst
RECOMMENDATION:
That the City Council:
1. Adopt an Urgency Ordinance entitled:
ORDINANCE NO. 05-_
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL
CODE WHICH IMPOSES THE REQUIREMENTS OF THE NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM (UNPDES") PERMIT
CONCERNING STORMWATER RUNOFF QUALITY; POLLUTION
DISCHARGES; CONTROL OF URBAN RUNOFF; INSPECTIONS OF
SOURCES OF DISCHARGES; ENFORCEMENT OF WATER QUALITY AND
DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY OF
TEMECULA, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO PREPARE A MANUAL SETTING FORTH THE
ADMINISTRATIVE RULES, PROCEDURES AND REQUIREMENTS
NECESSARY TO IMPLEMENT THIS ORDINANCE.
2. Adopt an Urgency Resolution entitled:
RESOLUTION NO. 05-_
AN URGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING FEES FOR SERVICES ARISING UNDER
ARTICLE VII OF CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE.
R:\agdrpt\agendaform/ajp
3. Introduce and read by title only:
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE WHICH
IMPOSES THE REQUIREMENTS OF THE NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM ("NPDES") PERMIT CONCERNING
STORMWATER RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL
OF URBAN RUNOFF; INSPECTIONS OF SOURCES OF DISCHARGES;
ENFORCEMENT OF WATER QUALITY AND DISCHARGE REGULATIONS
AND PERMITS WITHIN THE CITY OF TEMECULA AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A MANUAL
SETTING FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE
. ,
4. Confirm that the adoption of this Ordinance represents components of the City's adopted
General Plan and is categorically exempt from CEQA pursuant to the provisions of
Sections 15308 and 15061 (b )(3), and therefore, no further environmental review is
required. The City further acknowledges that the action is the replacement of the
existing regulatory ordinance with an ordinance of similar character reflecting the current
state of the applicable law. In light of this deminimus substitution, the general rule of
CEQA, as set forth in State CEQA Guidelines Section 15601(b)(3), is also deemed
applicable to this action as it can be seen with certainty that the adoption of this
superseding ordinance will not cause new or additional adverse effects upon the
environment. The Final EIR for the City's General Plan was certified by the City Council
on April 12, 2005.
BACKGROUND: Presented for your action are three matters that all relate to the National
Pollution Discharge Elimination Permit System ("NPDES"). The NPDES acts to regulate urban
water runoff, pollution discharges and similar matters that are regulated, on a primary basis by
the federal Clean Water Act. The City of Temecula is bound by a permit regulating the conduct
within the City as issued by the San Diego Region of the California Regional Water Quality
Control Board. The permit imposes review, inspection and enforcement obligations; the full
scope of the obligations of the City are set forth in the "Waste Discharge Requirements for
Discharges of Urban Runoff from Municipal Separate Storm System ('MS4 System') Draining
the County of Riverside, the City of Murrieta, the City of Temecula and the Riverside County
Flood Control and Water Conservation District within the San Diego Region" permit ("Permit")
on file with the City.
The Permit requires the City ensure compliance with its provisions on or before July 14, 2005.
In order to comply with this the City has determined that an urgency ordinance is necessary to
ensure the enforceability of the provisions consistent with this timeframe.
Accordingly, an Urgency Ordinance, including the required facts constituting the urgency, has
been prepared for your consideration and action. This Urgency Ordinance will, if it receives the
required 4/5's affirmative vote, be effective immediately, rather than thirty (30) days after second
reading. As you know, there will be no further action on this Urgency Ordinance.
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2
In order to give the greatest effect and assurance of enforceability to the duties and obligations
set forth within the ordinance, it is prudent practice to "back-up" the urgency enactment with a
regularly adopted ordinance. This redundant enactment provides the greatest assurance that
the contents of the ordinance will be found to be adopted in a procedurally sound manner that
respects the due process rights of all citizens.
The third item presented for your action is an Urgency Resolution that establishes a cost
recovery deposit system through which applicants can pay only the actual costs incurred for the
review of their plans and the various inspections required by the NPDES ordinance. The City,
not having any prior experience with these NPDES regulatory actions, cannot easily determine
a fee that fairly reflects the review time which these plan check and inspection services will
require. In response, the approach that is recommended is that of an "actual cost" recovery
program only. The City can, after some experience, adjust the fee to a flat fee or tiered fee, but
will do so based on a provable cost history to justify the nexus between the service and the fee
amount. Until a fixed fee approach can be developed, we plan to use a deposit system based
on anticipated plan review costs. The deposit amount will range from $1000 to $2500
depending on the project size. When the actual project costs are known, appropriate refunds or
additional billings will be initiated.
The Urgency Resolution presented for your action is a companion to the Urgency Ordinance
and acts to ensure all elements of the NPDES ordinance are effective within the July 14, 2005
timeframe. This Resolution must be adopted by a 4/5's vote also, and is effective for thirty (30)
days. Subject to notice and the same 4/5's vote requirement, the resolution may be extended
twice for additional thirty (30) day periods. In the interim, a regularly adopted resolution will be
prepared and accorded public notice to establish the cost recovery deposit mechanism as the
City's current "fee" for NPDES activity.
It is recommended that the City Council adopt both the Urgency Ordinance and the Urgency
Resolution by a minimum 4/5's vote and grant first reading to the "regular" NPDES ordinance.
FISCAL IMPACT: Enforcernent of the proposed ordinance will require additional effort by
Public Works and Planning staff during the application/plan review process and periodic follow-
up inspections to verify proper maintenance of stormwater and urban runoff control measures.
Additional costs incurred by the City for plan review and site inspections will be recovered
through the proposed deposit system through which applicants pay only the actual costs
incurred for the review of their plans and the required site inspections. Additional assistance is
anticipated to implement the provisions of the Ordinance. As a result, the Public Works
Operating Budget for FY 2005-06 includes adequate funding to provide for outside NPDES
review and inspection services. Staff will reassess workload impacts and cost recovery
methods as part of the mid-year budget process.
ATTACHMENTS:
1. Urgency Stormwater and Urban Runoff Management and Discharge Control Ordinance
2. Urgency Resolution No. 05-
3. Stormwater and Urban Runoff Management and Discharge Control Ordinance
4. Exhibit A - Stormwater and Urban Runoff Manual.
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3
ORDINANCE NO. 05-XXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL
CODE WHICH IMPOSES THE REQUIREMENTS OF THE NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM ("NPDES") PERMIT
CONCERNING STORMWATER RUNOFF QUALITY; POLLUTION
DISCHARGES; CONTROL OF URBAN RUNOFF; INSPECTIONS OF
SOURCES OF DISCHARGES; ENFORCEMENT OF WATER QUALITY AND
DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY OF
TEMECULA, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING FORTH THE
ADMINISTRATIVE RULES, PROCEDURES, AND REQUIREMENTS
NECESSARY TO IMPLEMENT THIS ORDINANCE
The City Council of the City of Temecula, does ordain as follows:
Section 1: The federal Clean Water Act (33 U.S.C. ~ 1251, et seq.,) provides for the
regulation and reduction of pollutants discharged into the waters of the United States by
extending National Pollutant Discharge Elimination System ("NPDES") requirements to
stormwater and urban runoff discharged into municipal storm drain systems.
Section 2: The City of Temecula (the "City") is a co-permittee under the "Waste
Discharge Requirements for Discharges of Urban Runoff from Municipal Separate Storm
System ("MS4 system") Draining the County of Riverside, the City of Murrieta, the City of
Temecula and the Riverside County Flood Control and Water Conservation District within the
San Diego Region," California Regional Water Quality Control Board - San Diego Region,
Order No. R9-2004-001, (NPDES No. CAS0108766) ("Permit"), as well as Waste Discharge
Requirements under California law, and, as a co-permittee under the Permit, the City is required
to adopt ordinances and implement procedures with respect to discharges into the municipal
separate storm sewer system.
Section 3: The City has previously adopted ordinances to ensure that it possesses
the legal authority necessary to control discharges to and from those portions of the Storm Drain
System over which it has jurisdiction, in order to comply with the Permit, and to specifically
prohibit certain discharges identified in the Permit.
Section 4: This Ordinance is also intended to further confirm the City's legal
authority to control discharges of Pollutants, as that term is defined under Article VIII, "Definition
of Terms," to and from those portions of the Storm Drain System over which the City has
jurisdiction, as required by the Permit, and thereby fully and timely comply with the terms of the
Permit.
Section 5: In order to control in a cost-effective manner, the quantity and quality of
stormwater and urban runoff to the maximum extent practicable, the adoption of reasonable
regulations, as set forth herein, is essential.
Section 6: This Ordinance is being adopted in order to comply with federal
requirements for the control of Pollutants to stormwater and urban runoff, which enters the
Storm Drain System throughout the portions of Riverside County covered by the Permit.
lI086-06231825477vl.doc
Section 7: The City is authorized by Article XI, ~5 and ~7 of the State Constitution to
exercise the police power of the State by adopting regulations promoting the public health,
public safety and general prosperity.
Section 8: The City has determined that a legitimate local purpose is present in
complying with the provisions of the Permit.
Section 9: The land use authority exercised by the City pursuant to California
Government Code ~65300 et sea., requires regional planning and the adoption of policies
protecting the environment through the imposition of reasonable conditions on the use of land.
Section 10: This Ordinance conforms to the policies and goals of the General Plan
adopted by the City, pursuant to California Planning and Zoning Law, for the protection of the
portions of watersheds located within Riverside County by implementing measures to control
erosion and prevent the pollution of streams and other waters;
Section 11: The Subdivision Map Act, California Government Code ~66411,
authorizes the City to regulate and control the design and improvement of subdivided lands and
mitigate the burdens of proposed development by imposing reasonable conditions on map
approval;
Section 12: The California Constitution Article XI, ~7 and Government Code ~38660
authorize the City to establish appropriate conditions for the issuance of building permits, which
require the installation of improvements reasonably related to the proposed use of property;
Section 13: Government Code ~38771 authorizes the City to declare as public
nuisances undesirable acts which may injure health or cause interference with the comfortable
enjoyment of life or property and to provide for the abatement of the same;
Section 14: All industrial dischargers subject to the provisions of the State General
Industrial Stormwater Permit and General Construction Activity Stormwater Permit (referred to
collectively herein as the "State General Permits") must comply with the lawful requirements of
the City which regulate discharges to the storm drain system within its jurisdiction;
Section 15: All industrial dischargers subject to the provisions of the State General
Permit are required to maintain Stormwater Pollution Prevention Plans (SWPPPs) on-site and
make them available to the City for inspection;
Section 16: All construction dischargers subject to the provisions of the State General
Permit may be required by the City, with the concurrence of the San Diego Regional Water
Quality Control Board, to amend any Stormwater Pollution Prevention Plan;
Section 17: All industrial dischargers subject to the provisions of the State General
Permit are required to maintain a description of the required monitoring program on-site and
make it available to the City for inspection;
Section 18: The City has jurisdiction over certain stormwater conveyance facilities and
other watercourses within the City, and these facilities may receive discharges from properties
and activities regulated under the provisions of the State General Permits, and the City may
request that the regulated dischargers furnish information and records necessary to determine
compliance with the State General Permits;
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Section 19: The City has jurisdiction over certain stormwater conveyance facilities
and other watercourses within the City, and these facilities may receive discharges from
properties and activities regulated under the provisions of the State General Permits, and City
may, upon presentation of credentials and other documents required by law: (i) enter upon the
discharger's premises where a regulated facility is located or where records must be kept under
the conditions of the State General Permits; (ii) access and copy, at all reasonable times, any
records that are required to be kept under the conditions of the State General Permits; (iii)
inspect, at all reasonable times, any facility or equipment related to or impacting stormwater or
urban runoff discharge; and (iv) sample or monitor for the purpose of ensuring compliance with
the State General Permits.
Section 20: Chapter 8.28, in the Temecula Municipal Code, "Stormwater and Urban
Runoff Management and Discharge Controls", is hereby amended to read as follows:
CHAPTER 8.28 STORMWATER AND URBAN RUNOFF
MANAGEMENT AND DISCHARGE CONTROLS
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Article I.
General Provisions
Sections:
8.28.100
8.28.110
8.28.120
8.28.130
8.28.140
8.28.150
8.28.160
Title.
Purpose and intent.
Stormwater and Urban Runoff Manual.
Regulatory consistency.
Compliance disclaimer.
City cooperation.
Contracting for services.
8.28.100 Title.
This Ordinance shall be known as the "City of Temecula Stormwater and Urban Runoff
Management and Discharge Control Ordinance (Ordinance)."
8.28.110
Purpose and intent.
The purpose and intent of this Ordinance is to protect the water quality of City watercourses,
water bodies, ground water, and wetlands in a manner pursuant to and consistent with the
Federal Clean Water Act (33 USC Sec. 1342), in order to ensure the future health, safety, and
general welfare of the citizens of this City by:
A. Regulating non-stormwater urban runoff (urban runoff) to the storm drain system. (Ord.
99-1 0 ~ 1 (part));
B. Reducing pollutants in stormwater to the maximum extent practicable;
C. Establish requirements for development projects for permanent water quality control
measures;
D. Establish requirements to reduce pollutant discharges from construction sites;
E. Establish requirements to reduce pollutants in runoff from existing development; and
F. Prohibiting illicit connections and illegal discharges to the storm drain system.
8.28.120
Stormwater and Urban Runoff Manual.
The City Engineer shall formulate a manual setting forth administrative rules, procedures and
requirements necessary to implement the provisions of this Ordinance. Such rules, procedures,
and requirements shall be entitled "The City of Temecula Administrative and Technical
Procedures Manual for Stormwater and Urban Runoff Management and Discharge Control
(Stormwater and Urban Runoff Manual). The City Engineer shall have the authority to change,
update or revise the Manual as necessary in order to implement the provisions of this
Ordinance and all revisions thereto arising from time to time.
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In the event of any conflict between the Manual and this Ordinance, the more restrictive
provisions shall govern. The provisions of the Manual, to the extent they are made conditions of
a permit issued by the City, shall be binding. All revisions to the manual shall be reviewed and
approved by the City Council and take effect immediately upon approval.
8.28.130
Regulatory consistency.
This Ordinance shall be construed to assure consistency with the requirements of the Clean
Water Act and any amendments thereof, and all applicable implementing regulations, and any
existing or future municipal NPDES Permits, and any amendments or revisions thereto or re-
issuance thereof.
8.28.140
Compliance disclaimer.
Full compliance by any Person or entity with the provisions of this Ordinance shall not preclude
the need to comply with other local, state or federal statutory or regulatory requirements, which
may be required for the control of the discharge of pollutants into stormwater or urban runoff,
and/or the protection of stormwater and urban runoff quality.
8.28.150
City cooperation.
The City intends to cooperate with other agencies with jurisdiction over stormwater and urban
runoff discharges to ensure that the regulatory purposes underlying stormwater and urban
runoff regulations promulgated pursuant to the Clean Water Act (33 USC ~1251 et sea.) are
met.
8.28.160
Contracting for services.
The City may, to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections, permits and
enforcement authorized by this Ordinance.
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Article II.
Prohibited and Exempted Discharges,
Illicit Connections, and Liabilities
Sections:
8.28.200
8.28.210
8.28.220
8.28.230
8.28.240
Prohibited discharges.
Exempted discharges.
Prohibition on illicit connections.
Liability for prohibited discharges.
Liability for illicit connections.
8.28.200
Prohibited discharges.
A. The following discharges are prohibited:
1. Discharges into stormdrains in a manner causing, or threatening to cause, a
condition of pollution, contamination, or nuisance (as defined in CWC section
13050), in water of the State.
2. Discharges into stormdrains that cause or contribute to exceedances of water
quality objectives for surface water or groundwater.
3. Discharges into stormdrains containing pollutants which have not been reduced
to the Maximum Extent Practicable (MEP).
B. Discharges including, but not limited to, the following are prohibited from entering any
stormdrain:
1. Sewage;
2. Wash water resulting from the hosing or cleaning of gas stations, auto-repair
garages, or other types of fueling or automotive services facilities;
3. Runoff resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility including motor vehicles, cement-related
equipment, port-a-potty servicing, etc.;
4. Wash water resulting from mobile operations such as mobile automobile
washing, steam cleaning, power washing, and carpet cleaning, etc.;
5. Wash water resulting from the cleaning or hosing of impervious surfaces in
municipal, industrial, and commercial areas including parking lots, streets,
sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking
areas, etc.;
6. Runoff resulting from material storage areas containing chemicals, fuels, grease,
oil, other hazardous materials;
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7.
Pool or fountain water containing chlorine, biocides, or other chemicals;
discharges of pool or fountain filter backwash water;
8.
Sediment, pet waste, vegetation clippings, or other landscape or construction-
related wastes; and
9.
Food-related wastes (e.g., grease, fish processing and restaurant kitchen mat
and trash bin wash water, etc.).
8.28.210
Exempted discharges.
A. Cateaoricallv Allowed Discharaes. The following discharges are exempt from discharge
prohibitions established by this Ordinance:
1. Diverted stream flows;
2. Rising ground water;
3. Uncontaminated ground water infiltration;
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
11. Water line flushing;
12. Landscape irrigation;
13. Discharges from potable water sources other than water main breaks;
14. Irrigation water;
15. Lawn watering;
16. Individual residential car washing;
17. Non-emergency flows due to fire fighting activities; and
18. Discharges from pools and fountains, provided such discharges are de-
chlorinated.
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B. Separatelv Permitted Discharaes. The following discharges are exempt from discharge
prohibitions established by this Ordinance, provided compliance with all relevant permit
conditions is maintained to the satisfaction of the RWQCB:
1. Discharges regulated under either a valid facility-specific NPDES Permit or
facility-specific Waste Discharge Requirements Permit which has been issued by
the Environmental Protection Agency ("EPA") or the State of California.
C. Exemptions to Protect Public Health and Safety. Discharges determined by the City
Engineer to be necessary to protect public health and safety including but not limited to
prevent flooding of public or private property are exempt from the discharge prohibitions
established by this Ordinance. In such situations, the determination of the City Engineer
that a discharge is necessary may initially be made verbally but must promptly be
confirmed in writing.
8.28.220
Prohibition on illicit connections.
A. No person shall:
1. Act, cause, permit or suffer any agent, employee, or independent contractor, to
establish, construct, maintain, operate or utilize any illicit connection, to cause,
allow or facilitate any prohibited discharge listed in Section 8.28.200, Prohibited
discharges.
2. Establish, continue, cause, allow or maintain any discharge that would result in or
contribute to a violation of the permit, any State General Permit, or any other
NPDES permit or set of waste discharge requirements issued by the Regional
State Board, the Regional Board, or the EPA, either separately or in combination
with other discharges.
B. The prohibition against illicit connections shall apply, regardless of whether the
connection was established prior to the date on which this Ordinance was enacted.
C. A civil or administrative violation of this Ordinance shall occur, regardless of a person's
negligence or their intent to construct, maintain, operate or utilize an illicit connection or
to cause, allow or facilitate any prohibited discharge.
8.28.230
Liability for prohibited discharges.
A. Municipal NPDES Permit.
1. Any discharge that would result in or contribute to a violation of an existing or
subsequently-adopted municipal NPDES permit(s) or any amendment or revision
thereto or re-issuance thereof either separately considered or when combined
with other discharges, is a violation of this Ordinance and is prohibited. Liability
for any such discharge shall be the responsibility of the person(s) causing or
responsible for the discharge, and such persons shall defend, indemnify and hold
harmless the City in any administrative or judicial enforcement action relating to
such discharge.
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2. The City Engineer may give written notice to the owner, operator, or occupant of
the property or facility that the activities responsible for the discharge shall cease
until such discharge is contained, treated, or disposed of properly. The written
notice to mitigate the discharge shall expire thirty (30) days commencing upon
delivery of the notice. Upon expiration of the thirty (30) day period, any such
discharge shall constitute a violation of this Ordinance.
B. NPDES Permit for Industrial. Construction and Dewaterina Activities. Any person
associated with industrial, construction, dewatering or other activities and discharges
subject to any NPDES permit issued by the United States Environmental Protection
Agency, the State Water Resources Control Board, or the San Diego Regional Water
Quality Control Board, shall comply with all requirements of such permits. Such
Dischargers shall specifically comply with the requirements outlined in the respective
State General Permits. Proof of compliance with said NPDES general permits may be
required in a form acceptable to the City Engineer prior to issuance of any city grading,
building, or occupancy permits. (Ord. 99-10 ~ 1 (part))
8.28.240
Liability for illicit connections.
Liability for any illicit connection shall be the responsibility of the person(s) causing or
responsible for the, and such person(s) shall defend, indemnify and hold harmless the City in
any administrative or judicial action relating to such connection.
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Article III .
Legal Authority and Enforcement
Sections:
8.28.300
8.28.310
8.28.320
Responsibility for administration.
Violations and penalties.
Enforcement.
8.28.300
Responsibility for administration.
This Ordinance shall be administered for the City of Temecula by the City Engineer or his or her
representative.
8.28.310
Violations and penalties.
A. It shall be unlawful for any person to conduct any work or business, or cause the same
to be done, contrary to or in violation of any of the provisions of this Ordinance and State
or Federal laws.
B. The issuance of a grading or building permit, performance of permit inspections, or
issuance of a certificate of occupancy may be withheld, revoked or suspended on
property on which a violation of the provisions of this Ordinance exist, including work not
performed in accordance with the approved plans, until such violation(s) has been
corrected to the satisfaction of the City Engineer.
C. For existing industrial and commercial business facilities, violations of this Ordinance
may be grounds for the suspension or revocation of a City business license in
accordance with Chapter 5.04, Business Licenses and Regulations, of the Temecula
Municipal Code.
8.28.320
Enforcement.
Violation of the provisions of this Ordinance shall be prosecuted pursuant to the provisions of
Chapters 1.20, General Penalty, and 1.21, Administration Penalties - Citations, of the Temecula
Municipal Code and may be abated as public nuisances pursuant to Chapter 8.12 of the
Temecula Municipal Code.
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Article IV.
Permits
Sections:
8.28.400
Permit requirements for Construction and Industrial/Commercial
activities.
Penalties.
Compliance with laws.
8.28.410
8.28.420
8.28.400
Permit requirements for Construction and Industrial/Commercial activities.
A. State-issued Permits. Each person associated with any individual NPDES permit or
State General NPDES Permit shall comply with all the requirements of such permits.
Each person identified in these permits shall comply with and undertake all activities
required by such permits. The City Engineer may require any person to which such a
permit has been issued to provide proof of compliance with any such permit, in a form
acceptable to the City Engineer, or his/her designated representative, prior to the
issuance of any grading, building or occupancy permits, or any other type of permit or
license issued by the City.
B. Citv-issued Permits. An application for any of the following permits or approvals shall
demonstrate how the requirements of this Ordinance will be met, and the permit or
approval shall not be approved unless the City Engineer determines that the application
complies with the requirements of this Ordinance:
1. Commercial Development Plan
2. Residential Development Plan
3. Industrial Development Plan
4. Grading Plan
5. Building Permit
6. Improvement Plan
7. Conditional Use Permit
8. Tentative Map Modifications
9. Map Modifications
B. Permit Suspensions or Revocations. The City Engineer may suspend or revoke any
permit issued by the City when it is determined that:
1. The permittee has violated any term, condition, or requirement of the permit, or
any applicable provision of this Ordinance;
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2. The circumstances have changed so that it is no longer appropriate to except the
Discharge.
3. The permittee fails to comply with any schedule for compliance issued pursuant
to this Ordinance; or
4. Any regulatory agency, including the EPA, the State Board or a Regional Water
Quality Control Board having jurisdiction over the discharge, notifies the City that
the discharge should be terminated.
C. Permit Modifications. The City Engineer may modify any permit when it is determined
that:
1. Federal or state law requirements have changed in a manner that necessitates a
change in the permit; or
2. The permittee's discharge or the circumstances under which the discharge
occurs have changed; or
3. A change to the permit is necessary to ensure compliance with the objectives of
this Ordinance, or to protect the quality of receiving waters.
D. Appeals. The determination that a permit shall be denied, suspended, revoked or
modified may be appealed pursuant to the procedures identified in Article VI., Legal
Authority and Enforcement, of this Ordinance. The permittee may request a temporary
variance to continue to discharge pending issuance of a final decision through the
appeal process.
E. Notification. The permittee shall be informed of any change in the permit terms and
conditions at least forty-five (45) business days prior to the effective date of the modified
permit.
8.28.410
Penalties.
Any violation of the terms, conditions and requirements relating to the control of discharges to
the storm drain system of any permit issued by the City shall constitute a violation of this
Ordinance and subject the violator to the administrative, civil and criminal remedies available
under this Ordinance.
8.28.420
Compliance with laws.
Compliance with the terms, conditions and requirements of a permit issued by the City shall not
relieve the permittee from compliance with all federal, state and local laws, regulations and
permit requirements, applicable to the activity for which the permit is issued.
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Article V .
Control of Urban Runoff
Sections:
8.28.500
New development projects and modifications to existing
development.
Expiration of plans.
Existing development.
8.28.510
8.28.520
8.28.500
New development projects and modifications to existing development.
A. General Reauirements. New development and modifications to existing development
shall be designed to control pollutants in stormwater and urban runoff so as to prevent
any deterioration of water quality that would impair subsequent or competing uses of the
receiving waters. The City Engineer shall approve the BMPs that may be implemented to
prevent such deterioration and shall approve the manner of implementation. New
development and modifications to existing development shall comply with the following:
B Construction Runoff Compliance. All individual grading and building projects with active
grading or building permits shall implement measures, including adherence to the
SWPPP, to ensure that all pollutants from the site will be either eliminated or reduced to
the maximum extent practicable, and will not cause or contribute to an exceedance of
water quality objectives as described in the San Diego Regional Water Quality Control
Board Basin Plan. All grading and building activities will be in compliance with the
Grading, Erosion and Sediment Control Ordinance; the Grading Manual; other
applicable ordinances; Federal, State, and local permits; and other applicable
requirements.
C. Water Qualitv Manaaement Plan CWQMPl Reauired. New development and
modifications to existing development projects shall comply with the following:
1. A Water Quality Management Plan (WQMP) shall be required for all new
development projects that meet the specified categories listed in the City of
Temecula MS4 Permit and modifications to existing development projects as
defined in the MS4 Permit.
2. Projects not requiring a WQMP will be required to implement minimum BMPs
designated by the City according to conditions and requirements established by
the City Engineer.
3. A WQMP shall be required if the City Engineer determines that the development
may result in the discharge of significant levels of a Pollutant into a tributary to
the Stormwater Drainage System.
4. If the City Engineer determines that the project will have a de minimis impact on
the quality of stormwater and urban runoff, then the City Engineer may issue a
written waiver of the requirement for preparation and acceptance of a WQMP.
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D. Contents of a WQMP.
1. The BMPs identified in the WQMP shall address site design, source controls and
treatment controls by:
a. Controlling the post-development urban runoff discharge velocities,
volumes, durations, and peak flow rates to maintain or reduce pre-
development urban discharge velocity, volume, durations, and peak flow
rates;
b. Conserving natural areas where feasible;
c. Identifying pollutants for which water bodies receiving the development's
runoff are listed as impaired under CWA section 303(d) and all identifying
pollutants associated with the land use of the development.
d. Correctly designing BMP's to effectively remove or treat the pollutants
associated with the project;
e. Minimizing directly connected impervious areas;
f. Protecting slopes and channels from downstream erosion;
g. Including storm drain stenciling and signage;
h. Including properly designed outdoor material storage areas;
i. Including properly designed trash storage areas;
j. Including proof of a mechanism to ensure ongoing long-term BMP
maintenance, and following any transfers of ownership.
k. Increasing permeable areas;
I. Implementing BMPs close to pollutant sources and prior to discharging
into receiving waters;
m. Ensuring that post-development runoff does not contain pollutants which
cause or contribute to an exceedance of water quality objectives, as
outlined in the SDRWQCB Basin Plan, and have been reduced to the
MEP;
n. Not constructing BMP's in receiving waters; and
o. Not using a receiving water as a BMP.
2. During the planning application submittal process for any new development or
modifications to existing development, the permittee shall submit a WQMP. The
applicant shall obtain the City Engineer's acceptance of a WQMP prior to the
issuance of a permit land use approval or, at the City's discretion, prior to
recordation of a map. The Public Works Department shall review all WQMPs
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and impose terms, conditions and requirements on the project in accordance with
this Ordinance prior to the City's issuance of a permit, approval, or map.
3. New development and modifications to existing development shall implement
and adhere to the terms, conditions and requirements of the approved WQMP.
4. The City Engineer may require that the WQMP, or components within the
WQMP, be recorded with the County Recorder's office. The signature of the
property owner, or successor in interest, shall be sufficient for the recording of
the plan or any revised plan. A signature on behalf of the City shall not be
required for recordation.
E. The Drainaae Area Manaaement Plan (DAMP). All New Development and Modifications
to existing development projects shall also be undertaken and implemented in a manner
that is consistent with the DAMP, and shall also fulfill any conditions and requirements
established by the Planning Department and Public Works Department which are related
to the reduction or elimination of Pollutants in stormwater and urban runoff from the
project site.
F. Continuation of Terms. Conditions and Reauirements for New Development or
Modifications to Existina Development Proiects. All terms, conditions and
requirements which the Planning and Public Works Departments have initially imposed
pursuant to this Section for either a new development or modifications to existing
development project shall remain in effect upon the transfer of the property. Any owner
of the property, or their successors, or assigns, shall be in violation of this Ordinance if
they fail to implement and/or adhere to the terms, conditions and requirements imposed
pursuant to this Section on a New Development or Modifications to existing development
project.
8.28.510
Expiration of plans.
A. Approved plans for which no inspections have occurred shall expire 180 days following
the date of submittal and may be returned to the applicant or may be destroyed by the
City Engineer without additional notice to the applicant.
B. The City Engineer may extend the time for action by the applicant for a period not
exceeding 180 days upon written request by the applicant showing that circumstances
beyond the reasonable control of the applicant have prevented action from being taken.
C. In order to renew action after the plans have expired pursuant to the Ordinance, the
applicant shall resubmit the plans and pay the most current plan review fee.
8.28.520
Existing development.
A. General Reauirements. Existing development shall prevent pollutants from discharging
into stormdrain systems, and shall control stormwater runoff so as to prevent any
deterioration of water quality that would impair subsequent or competing uses of the
water. The City Engineer shall identify the BMPs that shall be implemented to prevent
such deterioration and shall identify the manner of implementation.
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B. Industrial and Commercial Business Facilities. Each person in charge of day to day
operations of an industrial or commercial business facility in the City shall implement
those minimum BMPs as may be designated by the City Engineer. For those facilities
that are tributary to impaired water bodies and/or are directly adjacent to or discharging
directly to receiving waters, BMPs shall include additional controls as the City Engineer
may require.
C. Common Interest Areas. Homeowners' Associations, and Propertv Manaaement
Oraanizations. Each person who owns, operates, or is in charge of day to day activities
of common interest areas on Private Property in the city shall ensure that runoff from
within common interest areas, including private roads, drainage facilities, and other
components of the storm water conveyance system, meets the objectives of the City's
permit and this Ordinance..
D. Litter control.
1. No person shall dump, dispose, or stockpile any waste material, including but not
limited to common household rubbish or garbage of any kind (whether generated
or accumulated at a residence, business or other location), upon any public or
private property, whether occupied. open or vacant, including but not limited to,
any street, sidewalk, alley, right-of-way, open area or point of entry to the storm
drain system, except in trash containers, or at a lawfully established waste
disposal facility.
2. Any person who owns or occupies a property on which a prohibited disposal of
waste materials occurs shall ensure that all such waste materials are properly
collected and disposed of within a reasonable period of time.
3. Any person who either owns or occupies property and who fails to comply with
the requirements of this Ordinance may be charged with creating a nuisance
upon the property.
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Article VI .
Regulatory Inspections
Sections:
8.28.600
8.28.610
8.28.620
8.28.630
8.28.640
Right to inspect.
Records review.
Authority to sample and test.
Monitoring.
Test results.
8.28.600
Right to inspect.
A. Normal Conditions. For routine inspections, the City Engineer may inspect construction
sites, industrial and commercial business facilities, and associated activities subject to
this Ordinance at reasonable times and in a reasonable manner to carry out the
purposes of this Ordinance. If entry for a regulatory inspection is refused by a
construction site representative, or by a facility owner, occupant, or operator, an
inspection warrant shall be obtained prior to inspection.
1. When any new structural BMP is installed on private property as part of a project
that requires a City permit or business license, in order to comply with this
Ordinance, the property owner, occupant or operator shall provide the City
access for inspection of BMPs to ensure that the BMP is working properly. This
includes the right to enter the property without prior notice, as needed, when the
City has a reasonable basis to believe that the BMP is not working properly, or to
enter for any follow-up inspections, or to enter when necessary for abatement of
a nuisance or correction of a violation of this Ordinance.
2. Inspections may include all actions necessary to:
a. Determine whether any illegal discharges or illegal connections exist;
b. Determine whether the BMPs installed and implemented are adequate to
comply with this Ordinance;
c. Determine whether the BMPs are being properly maintained;
d. Determine whether the facility or activity complies with the other
requirements of this Ordinance;
e. Identify products produced, processes conducted, chemicals used and
materials stored on or contained within the property that could constitute
a threat to water quality if a discharge occurs;
f. Identify point(s) of discharge of all wastewater and processed water;
h. Establish the location of all points of discharge from the property, whether
by surface runoff or through a storm drain system;
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i. Locate any Illicit Connection or the source of any Prohibited Discharge;
j. Evaluate compliance with any permit issued by the City relating to a
discharge to the Storm Drain System; or
k. Investigate any complaints forwarded to the City by third parties related to
discharge. This may include, but may not be limited to sampling,
metering, visual inspections, and records review.
B Emeraency Conditions. If the City Engineer has reasonable cause to believe that non-
stormwater runoff is actively discharging from the property onto any public street, inlet,
gutter, or any other storm drain system, the City Engineer shall have the right to
immediately enter and inspect said property regardless of whether said property is
occupied or unoccupied, and regardless of whether formal permission to inspect said
property has been obtained.
8.28.610
Records review.
The City Engineer may inspect the property owner's, occupant's, or operator's records relating
to chemicals or processes presently or previously occurring on-site, including but not limited to,
material and/or chemical inventories, facility maps or schematics and diagrams, Material Safety
Data Sheets, hazardous waste manifests, business plans, pollution prevention plans, State
General Permits, Stormwater Pollution Prevention Plans, Monitoring Program Plans, any
records relating to Illicit Connections, Prohibited Discharges, or any other source of contribution
or potential contribution of Pollutants to the Storm Drain System. Records, reports, analyses, or
other information required under this Ordinance may be inspected and copied, and photographs
taken to document a condition and/or a violation of this Ordinance.
8.28.620
Authority to sample and test.
The City Engineer may inspect, sample and test any area runoff, soils area (including
groundwater testing), process discharge, materials within any waste storage area (including any
container contents), and/or discharge from any treatment system for the purpose of determining
the potential for contribution of pollutants to the storm drain system. The City Engineer may
investigate the integrity of all storm drain and sanitary sewer systems, or other pipelines on the
property using appropriate tests, including but not limited to smoke and dye tests or video
surveys. The City Engineer shall be authorized to document conditions on the property by any
reasonable means. It shall be a violation of this Ordinance for anyone other than the City
Engineer to tamper, dismantle or otherwise intentionally disable, modify or in any way damage
such monitoring devices.
8.28.630
Monitoring.
The City Engineer may erect and maintain monitoring devices for the purpose of measuring any
discharge or potential source of discharge to the Storm Drain System.
8.28.640
Test results.
Upon submission of a written request by the owner or occupant of the property subject to
inspection, the City Engineer shall provide copies of all monitoring and test results conducted to
the owner or occupant.
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Article VII .
Plan Review and Inspection Fees
Sections:
8.28.700
WQMP review fees - new development projects and modifications to
existing development.
Inspection fees.
Refunds.
8.28.710
8.28.720
8.28.700
WQMP review fees - new development projects and modifications to
existing development.
When WQMPs are required pursuant to the provisions of this Ordinance, the City Engineer shall
collect the required plan review fee and/or deposit as required by this Ordinance and by City
Council resolution establishing applicable fees and deposits. [Adopted concurrently with this
Urgency Ordinance.]
8.28.710
Inspection fees.
A. Construction Proiects. When follow-up site inspections are required in accordance with
new development projects and modifications to existing development pursuant to the
provisions of this Ordinance, the City Engineer shall collect the inspection fee as
required by this Ordinance and by City Council resolution establishing applicable fees
and deposits. [Adopted concurrently with this Urgency Ordinance.]
B. Existina Commercial and Industrial Businesses. In addition to the City's annual business
licensing requirements pursuant to Chapter 5.04, Business Licenses and Regulations, of
the City's Municipal Code, existing commercial and industrial businesses, listed in the
City's NPDES Permit, shall pay an annual inspection fee to ensure compliance with the
City's NPDES Permit, as required by this Ordinance and by City Council resolution
establishing applicable fees and deposits.
8.28.720
Refunds.
After submittal and commencement of processing by the City, no fee(s) collected pursuant to
this division, shall be refunded in whole or in part, except as provided as follows:
A. Inspection fees may be refunded, less any City expenses incurred, including an
overhead charge of twenty percent (20%), at any time prior to the start of the work upon
the applicant's written request, provided any City permit has expired or has been
withdrawn.
B. No refund shall be made if the applicant or permittee has any outstanding debts owed to
the City, or if corrective work remains to be done.
C. No refund shall be made pursuant to this section if a request for refund is submitted to
the City more than one (1) year from the date of payment of the fee as to which a refund
is claimed.
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Article VIII.
Definitions of Terms
Sections:
8.28.800
Definitions.
Whenever in this Ordinance and the Manual, or in any resolution or standard adopted by the
City Council pursuant to this Ordinance, the following terms are used, they shall have the
meaning ascribed to them in this section, unless it is apparent that some other meaning is
intended:
"Authorized Inspector" means the City Engineer and all persons designated by him/her and
under his/her instruction and supervision, who are assigned to investigate compliance with,
detect violations of, and/or take actions pursuant to this Ordinance.
"Best Manaaement Practices" or "BMPs" means, as defined in 40 CFR 122.2, schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices
to prevent or reduce the pollution of waters of the U.S. BMPs also include treatment
requirements, operating procedures and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
"Citv Enaineer" means the Director of Public Works/City Engineer of the City of Temecula, or
his or her designee.
"Compliance Schedule" means the time period allowed by the City for a discharger to achieve
compliance with the requirements of this Ordinance. The Compliance Schedule shall contain
specific dates by which adequate treatment facilities, devices, or any other related equipment
and/or procedures shall be installed or implemented.
"Construction Activitv" means any activity used in the process of developing, redeveloping,
enhancing, or maintaining land, including, but not limited to, land disturbance, building
construction, paving and surfacing, storage or disposal of construction related materials.
"Construction Site" means any project requiring a local grading or building permit, including
projects requiring coverage under the General Construction Permit that involves soil disturbing
activities. Soil disturbing activities include clearing, grading, excavation and any other
disturbances to ground. This definition includes stockpiling.
"Contamination" means, as defined in the Porter-Cologn Water Quality Control Act,
contamination is "an impairment of the quality of waters of the State by waste to a degree which
creates a hazard to the public health through poisoning or through the spread of disease.
'Contamination' includes any equivalent effect resulting from the disposal of waste whether or
waters of the State are affected."
"Co-Permittee" means the County of Riverside, the Riverside County Flood Control and Water
Conservation District and the City of Murrieta which are responsible for compliance with the
terms of the Permit.
"CWA" means the Clean Water Act.
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"DAMP" means the Riverside County Drainage Area Management Plan, as the same may be
amended from time to time.
"Discharae" means any release, spill, leak, flow, escape, leaching (including subsurface
migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid
substance.
"Discharae ExceDtion" means those activities not restricted or prohibited by this Ordinance or
exempted under Section A of the Permit or a subsequent Permit.
"Discharaer" means any person, any property owner, or any occupant of any unit, building,
premises or lot within the City, who either discharges or causes to be discharged any of the
substances listed under "Discharge," above, either directly or indirectly, into the City's Storm
Drain System.
In any action taken to enforce this Ordinance, the burden shall be on the person who is the
subject of such action to establish that a Discharge was within the scope of this discharge
Exception.
"Enforcina Attornev" means the City Attorney, or the District Attorney acting as counsel to the
City of Temecula, and his/her designee, which counsel is authorized to take enforcement action
as described herein. For purposes of criminal prosecution, only the District Attorney and/or City
Attorney, or his/her designee, shall act as the Enforcing Attorney.
"ESA" means Environmentally Sensitive Areas "in which plant or animal life or their habitats are
either rare or especially valuable because of their special nature or role in an ecosystem and
which would easily be disturbed or degraded by human activities and developments" (California
Public Resources Code section 30107.5). ESAs subject to urban runoff requirements included
but are not limited to all CWA section 303 (d) impaired water bodies, areas designated as Areas
of Special Biological Significance by the SWRCB (Basin Plan); water bodies designated with the
RARE beneficial use by the SWRCB (Basin Plan); areas within the Western Riverside County
Multi-Species Habitat Conservation Plan (MSHCP) plan areas that contain rare or especially
valuable plant or animal life or their habitat; and any other equivalent environmentally sensitive
areas which the Permittees have identified..
"Hearina Officer" means the City Engineer or his/her designee, who shall preside at any
administrative hearings authorized by this Ordinance, and who is authorized to issue final
decisions on the matters raised therein.
"Illicit Connection" means any connection to the MS4 that conveys an illicit discharge.
"Illicit Discharae" means any discharge to the MS4 that is not composed entirely of storm
water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting
activities [40 CFR 122.26(b)(2)].
"Invoice for Costs" means the actual costs and expenses of the City, including but not limited
to administrative overhead, salaries and other expenses recoverable under California law,
incurred during any Inspection conducted pursuant to Article IV of this Ordinance or where a
Notice of Noncompliance, Administrative Compliance Order or other enforcement option under
Article V of this Ordinance is utilized to ensure compliance with this Ordinance.
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"Maximum Extent Practicable" ("MEP") means the technology-based standard established by
Congress in CWA section 402(p)(3)(B)(iii) that operators of MS4s must meet. Technology-
based standards establish the level of pollutant reductions that dischargers must achieve,
typically by treatment or by a combination of source control and treatment control BMP's. MEP
generally emphasizes pollution prevention and source control BMP's primarily (as the first line of
defense). The definition of MEP is dynamic and will be defined by the following process over
time; municipalities propose their definition of MEP by way of the SWMP. Their total collective
and individual activities conducted pursuant to the SWMP becomes their proposal for MEP as it
applies both to their overall effort, as well as to specific activities (e.g., MEP for street sweeping,
or MEP for MS4 maintenance).
"Modifications to existina development" means the creation or addition of impervious
surfaces or the making of improvements to an existing structure on an already developed site;
replacement of impervious surfaces that are not part of a routine maintenance activity; and land
disturbing activities related to structural or impervious surfaces. This definition is consistent with
the term "Redevelopment" as referenced in the MS4 permit.
"New Development" means all public and private residential (whether single family, multi-unit or
planned unit development), industrial, commercial, retail, and other non-residential construction
projects, or grading for future construction, for which a land use approval, grading permit,
building permit or "non-residential plumbing permit" is required.
"Non-residential Plumbina Permit" means a plumbing permit authorizing the construction
and/or installation of facilities for the conveyance of liquids, other than stormwater, potable
water, reclaimed water or domestic sewage.
"NPDES or "National Pollution Discharae Elimination Svstem" means the national program
for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405
of the CWA.
"Owner or Operator" means the owner or operator of any facility or activity subject to
regulation under the NPDES program..
"Permit" means the current permit issued by the Regional Board, under the authority of the
Federal Clean Water Act, or any succeeding permit, and any other currently applicable
municipal discharge permit[s], which establishes waste discharge requirements applicable to
stormwater and urban runoff within the City.
"Permittee" means any person, property owner, contractor, or authorized agent to whom a
permit is issued pursuant to this Ordinance.
"Person" means an individual, association, partnership, corporation, municipality, State or
Federal agency, or any agent or employee thereof [40 CFR 122.2].
"Pollutant" means any agent that may cause or contribute to the degradation of water quality
such that a condition of pollution or contamination is created or aggravated.
"Prohibited Discharae" means any Discharge which contains any Pollutant, from public or
private property to (i) the Storm Drain System; (ii) any upstream flow, which is tributary to the
Storm Drain System; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo,
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wetlands area, or marsh; or (Iv) which is otherwise prohibited by the Permit. The term
"Prohibited Discharge" shall not include discharges allowable under the Discharge Exception.
"Receiving Waters" means the waters of the United States. This applies to natural drainage
channels, active or not, including all tributaries leading to streams, creeks, rivers, and other
waterbodies.
"Reaional Board" or SDRWQCB refers to the San Diego Regional Water Quality Control Board
which has jurisdiction over the City.
"Modifications to existina development" means the rehabilitation or reconstruction of public
or private residential (whether single family, multi-unit or planned unit development), industrial,
commercial, retail, or other non-residential structures, for which either a land use approval,
grading permit, building permit or Non-residential Plumbing Permit is required.
"Site" means the real property on which activities subject to this Ordinance may occur.
"State Board" or "SWRCB" means the State Water Resources Control Board.
"State General Permit" means either the State General Industrial Stormwater Permit or the
State General Construction Permit, as the same may be amended from time to time, and the
terms and requirements of either or both permits. In the event the EPA revokes the in-lieu
permitting authority of the State Board, then the term State General Permit shall also refer to
any EPA-administered stormwater control program for industrial activities, construction
activities, or any other type of activity that is subsequently regulated through a state general
Permit.
"Storm Drain Svstem" means street gutter, channel, storm drain, constructed drain, lined
diversion structure, wash area, inlet, outlet, stream, creek, river, or other facility within the City
limits, which is a part of or tributary to the County-wide stormwater runoff system and owned,
operated, maintained or controlled by the City, the County of Riverside, the Riverside County
Water Conservation and Flood Control District or any Co-Permittee, and used for the purpose of
collecting, storing, transporting, or disposing of stormwater.
"Stormwater Manual" means the City of Temecula Administrative and Technical Procedures
Manual for Stormwater and Urban Runoff Management and Discharge Control.
"Stormwater Runoff" means that part of precipitation (rainfall) which travels via flow across a
surface to the MS4 or receiving waters from impervious, semi-perivious or pervious surfaces.
"Urban Runoff" means surface water flow produced by non-stormwater resulting from
residential, commercial and industrial activities involving the use of potable and non-potable
water.
"WQMP" means a Water Quality Management Plan.
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Section 21: The City Council authorizes and directs the Director of Public Works/City
Engineer to prepare and utilize a manual of standards setting forth the administrative
procedures and technical requirements necessary to implement the provisions of this
Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula
Administrative and Technical Procedures Manual for Stormwater and Urban Runoff
Management and Discharge Control" in substantially the form set forth in Exhibit A.
Section 22: If any provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or application,
and to this end, the provisions of this Ordinance are declared to be severable.
Section 23: Environmental Determination. The construction and
industrial/commercial activities regulated by this Ordinance represent an implementation
component of the adopted General Plan to mitigate potential and theoretical impacts to water
quality. The general impacts of the General Plan were evaluated in the Final Environmental
Impact Report that was prepared for the updated General Plan. The Final EIR for the General
Plan was certified by the City Council on April 12, 2005. The adoption of the proposed
Ordinance will allow the City to establish procedures and requirements that will regulate
pollutants in stormwater and urban runoff within the City. The proposed Ordinance is expected
to result in benefits to the waters of the United States and the protection of the environment. No
new development will occur because of the adoption of this Ordinance. Therefore, this project
is categorically exempt from CEQA pursuant to the provision of Sections 15308 and
15601 (b)(3), and therefore, no further environmental review is required. The City further
acknowledges that the action is the replacement of the existing regulatory ordinance with an
ordinance of similar character reflecting the current state of the applicable law. In light of this
deminimus substitution the general rule of CEQA as set forth in State CEQA Guidelines Section
15601(b)(3) is also deemed applicable to this action as it can be seen with certainty that the
adoption of this superceding ordinance will not cause new or additional adverse effects upon the
environment.
Section 24: The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
Section 25: Declaration of Uraencv. The City of Temecula is required, as a condition
of the Permit and the law as described in Sections 1 through 19, inclusive, to have the current
regulatory requirements adopted and enforceable on or before July 14, 2005. In order to satisfy
this requirement the City must take action to enact this ordinance so as to make it enforceable
on an immediate basis. This urgency ordinance is adopted with the purpose and intent of
satisfying the City of Temecula's obligations under the Permit and the law. Accordingly, this
City Council hereby declares the adoption of this ordinance to be a matter of public safety and
so invoke the authority established in California Government Code Section 36937(b) to cause
this ordinance to be effective immediately and to continue in effect until superceded by an
ordinance of similar intent, purpose and effect passed and adopted subsequently to this
enactment. The City Council of the City of Temecula has recognized the need for the
immediate preservation of the general health, safety and welfare of the City by the immediate
adoption of this ordinance and the fees arising under this ordinance for the services required
pursuant to Article VII of this ordinance.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 28th
day of June, 2005.
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Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do herby certify that the
foregoing Ordinance No. 05-_ was duly adopted and passed as an Urgency Ordinance at a
regular meeting of the City Council on June 28, 2005 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
25
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RESOLUTION NO. 05-
AN URGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TEMECULA ESTABLISHING FEES
FOR SERVICES ARISING UNDER ARTICLE VII OF
CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA AS
FOLLOWS:
Section 1. Declaration of Urgency.
Pursuant to the authority of California Government Code Section 66017(b) the City, by
and through the City Council, may adopt a fee on an interim basis in circumstances presenting
the need for an urgency measure. The City of Temecula is subject, as a co-permittee under the
"Waste Discharge Requirements for Discharge of Urban Runoff from Municipal Separate Storm
System ('MS4 system') Draining the County of Riverside, the City of Murrieta, the City of
Temecula and the Riverside County Flood Control and Water Conservation District within the
San Diego Region," California Regional Water Quality Board - San Diego Region, Order No.
R9-2004-001, (NPDES No. CAS 0108766) ("Permit") as derived from the requirements of the
Federal Clean Water Act (33 U.S.C. Section 1251 et seq.). The Permit and the laws require
that enforceable procedures be operative on or before July 14, 2005. The City is amending its
existing ordinance so as to conform to the Permit and the law and is adopting an urgency
ordinance under the authority of the California Government Code to ensure the City's legal
duties and public health, safety and welfare are preserved. This resolution is in furtherance of
the City Council's legislative enactment and is directed by the same to occur concurrently
therewith. This resolution may be extended not more than twice in a manner as set forth in
California Government Code Section 66017(b).
Section 2. Adoption and Extension.
This urgency resolution must be adopted by a 4/5's vote of the Temecula City Council to
be effective. This resolution may be extended not more than two times subject to the notice
procedures and vote requirement as set forth in California Government Code Section 66017(b).
Section 3. Fees.
All fees for services shall be imposed as unburdened cost recovery fees that reflect the
actual amount of the cost of the time and materials expended by the City or by any consultant
which the City may choose, in its sole discretion, to utilize for any or all of the plan check or
inspection services required by the City pursuant to ordinance, policy, permit or law, as .the
same arise under Article VII of Chapter 8.28.
The City shall require a deposit from every person, firm or organization that submits
plans for review or request an inspection of any nature, as the same arises under Chapter 8.28
of the Temecula Municipal Code. The amount of the required deposit shall be calculated based
upon the reasonably anticipated work related to each submittal or inspection, or series thereof
and shall be paid to the City prior to the City having any duty or obligation to proceed with any
plan check or inspection service. The City shall require the deposit amount be augmented, from
time to time, in an amount necessary to allow the respective task to be completed in a
reasonable manner. The failure to augment a deposit by an applicant shall serve as grounds for
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the City to discontinue activity upon the subject matter. Any funds remaining in the deposit
account shall be promptly returned to the person, firm, or entity having made the deposit.
Section 4. The City Clerk shall certify to the adoption of this Urgency Resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 28th day of June, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA)
I, Susan W. Jones, CMC, City Clerk of the City ofTemecula, California, do hereby certify
that Resolution No. 05- _ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 28th day of June, 2005 by the following vote:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
Susan W. Jones, CMC
City Clerk
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ORDINANCE NO. 05-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE WHICH
IMPOSES THE REQUIREMENTS OF THE NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (UNPDES") PERMIT CONCERNING
STORMWATER RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL
OF URBAN RUNOFF; INSPECTIONS OF SOURCES OF DISCHARGES;
ENFORCEMENT OF WATER QUALITY AND DISCHARGE REGULATIONS
AND PERMITS WITHIN THE CITY OF TEMECULA, AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A
MANUAL SETTING FORTH THE ADMINISTRATIVE RULES, PROCEDURES,
AND REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE
The City Council of the City of Temecula, does ordain as follows:
Section 1: The federal Clean Water Act (33 U.S.C. ~ 1251, et seq.,) provides for the
regulation and reduction of pollutants discharged into the waters of the United States by
extending National Pollutant Discharge Elimination System ("NPDES") requirements to
stormwater and urban runoff discharged into municipal storm drain systems.
Section 2: The City of Temecula (the "City") is a co-permittee under the "Waste
Discharge Requirements for Discharges of Urban Runoff from Municipal Separate Storm
System ("MS4 system") Draining the County of Riverside, the City of Murrieta, the City of
Temecula and the Riverside County Flood Control and Water Conservation District within the
San Diego Region," California Regional Water Quality Control Board - San Diego Region,
Order No. R9-2004-001, (NPDES No. CAS0108766) ("Permit"), as well as Waste Discharge
Requirements under California law, and, as a co-permittee under the Permit, the City is required
to adopt ordinances and implement procedures with respect to discharges into the municipal
separate storm sewer system.
Section 3: The City has previously adopted ordinances to ensure that it possesses
the legal authority necessary to control discharges to and from those portions of the Storm Drain
System over which it has jurisdiction, in order to comply with the Permit, and to specifically
prohibit certain discharges identified in the Permit.
Section 4: This Ordinance is also intended to further confirm the City's legal
authority to control discharges of Pollutants, as that term is defined under Article VIII, "Definition
of Terms," to and from those portions of the Storm Drain System over which the City has
jurisdiction, as required by the Permit, and thereby fully and timely comply with the terms of the
Permit.
Section 5: In order to control in a cost-effective manner, the quantity and quality of
stormwater a nd urban runoff tot he maximum extent practicable, t he adoption 0 f reasonable
regulations, as set forth herein, is essential.
Section 6: This Ordinance is being adopted in order to comply with federal
requirements for the control of Pollutants to stormwater and urban runoff, which enters the
Storm Drain System throughout the portions of Riverside County covered by the Permit.
lI086-0623\825507vl.doc
Section 7: The City is authorized by Article XI, ~5 and ~7 of the State Constitution to
exercise the police power of the State by adopting regulations promoting the public health,
public safety and general prosperity.
Section 8: The City has determined that a legitimate local purpose is present in
complying with the provisions of the Permit.
Section 9: The land use authority exercised by the City pursuant to California
Government Code ~65300 et sea., requires regional planning and the adoption of policies
protecting the environment through the imposition of reasonable conditions on the use of land.
Section 10: This Ordinance conforms to the policies and goals of the General Plan
adopted by the City, pursuant to California Planning and Zoning Law, for the protection of the
portions of watersheds located within Riverside County by implementing measures to control
erosion and prevent the pollution of streams and other waters;
Section 11: The Subdivision Map Act, California Government Code ~66411,
authorizes the City to regulate and control the design and improvement of subdivided lands and
mitigate the burdens of proposed development by imposing reasonable conditions on map
approval;
Section 12: The California Constitution Article XI, ~7 and Government Code ~38660
authorize the City to establish appropriate conditions for the issuance of building permits, which
require the installation of improvements reasonably related to the proposed use of property;
Section 13: Government Code ~38771 authorizes the City to declare as public
nuisances undesirable acts which may injure health or cause interference with the comfortable
enjoyment of life or property and to provide for the abatement of the same;
Section 14: All industrial dischargers subject to the provisions of the State General
Industrial Stormwater Permit and General Construction Activity Stormwater Permit (referred to
collectively herein as the "State General Permits") must comply with the lawful requirements of
the City which regulate discharges to the storm drain system within its jurisdiction;
Section 15: All industrial dischargers subject to the provisions 0 f the State General
Permit are required to maintain Stormwater Pollution Prevention Plans (SWPPPs) on-site and
make them available to the City for inspection;
Section 16: All construction dischargers subject to the provisions of the State General
Permit may be required by the City, with the concurrence of the San Diego Regional Water
Quality Control Board, to amend any Stormwater Pollution Prevention Plan;
Section 17: All industrial dischargers subject to the provisions 0 f the State General
Permit are required to maintain a description of the required monitoring program on-site and
make it available to the City for inspection;
Section 18: The City has jurisdiction over certain stormwater conveyance facilities and
other watercourses within the City, and these facilities may receive discharges from properties
and activities regulated under the provisions of the State General Permits, and the City may
request that the regulated dischargers furnish information and records necessary to determine
compliance with the State General Permits;
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Section 19: The City has jurisdiction over certain stormwater conveyance facilities
and other watercourses within the City, and these facilities may receive discharges from
properties and activities regulated under the provisions of the State General Permits, and City
may, upon presentation of credentials and other documents required by law: (i) enter upon the
discharger's premises where a regulated facility is located or where records must be kept under
the conditions of the State General Permits; (ii) access and copy, at all reasonable times, any
records that are required to be kept under the conditions of the State General Permits; (iii)
inspect, at all reasonable times, any facility or equipment related to or impacting stormwater or
urban runoff discharge; and (iv) sample or monitor for the purpose of ensuring compliance with
the State General Permits.
Section 20: Chapter 8.28, in the Temecula Municipal Code, "Stormwater and Urban
Runoff Management and Discharge Controls", is hereby amended to read as follows:
CHAPTER 8.28 STORMWATER AND URBAN RUNOFF
MANAGEMENT AND DISCHARGE CONTROLS
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Article I.
General Provisions
Sections:
8.28.100
8.28.110
8.28.120
8.28.130
8.28.140
8.28.150
8.28.160
Title.
Purpose and intent.
Stormwater and Urban Runoff Manual.
Regulatory consistency.
Compliance disclaimer.
City cooperation.
Contracting for services.
8.28.100 Title.
This Ordinance shall be known as the "City of Temecula Stormwater and Urban Runoff
Management and Discharge Control Ordinance (Ordinance)."
8.28.110
Purpose and intent.
The purpose and intent of this Ordinance is to protect the water quality of City watercourses,
water bodies, ground water, and wetlands in a manner pursuant to and consistent with the
Federal Clean Water Act (33 USC Sec. 1342), in order to ensure the future health, safety, and
general welfare of the citizens of this City by:
A. Regulating non-stormwater urban runoff (urban runoff) to the storm drain system. (Ord.
99-10 ~ 1 (part));
B. Reducing pollutants in stormwater to the maximum extent practicable;
C. Establish requirements for development projects for permanent water quality control
measures;
D. Establish requirements to reduce pollutant discharges from construction sites;
E. Establish requirements to reduce pollutants in runoff from existing development; and
F. Prohibiting illicit connections and illegal discharges to the storm drain system.
8.28.120
Stormwater and Urban Runoff Manual.
The City Engineer shall formulate a manual setting forth administrative rules, procedures and
requirements necessary to implement the provisions of this Ordinance. Such rules, procedures,
and requirements shall be entitled "The City of Temecula Administrative and Technical
Procedures Manual for Stormwater and Urban Runoff Management and Discharge Control
(Stormwater and Urban Runoff Manual). The City Engineer shall have the authority to change,
update or revise the Manual as necessary in order to implement the provisions of this
Ordinance and all revisions thereto arising from time to time.
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In the event of any conflict between the Manual and this Ordinance, the more restrictive
provisions shall govern. The provisions of the Manual, to the extent they are made conditions of
a permit issued by the City, shall be binding. All revisions to the manual shall be reviewed and
approved by the City Council and take effect immediately upon approval.
8.28.130
Regulatory consistency.
This Ordinance shall be construed to assure consistency with the requirements of the Clean
Water Act and any amendments thereof, and all applicable implementing regulations, and any
existing or future municipal NPDES Permits, and any amendments or revisions thereto or re-
issuance thereof.
8.28.140
Compliance disclaimer.
Full compliance by any Person or entity with the provisions of this Ordinance shall not preclude
the need to comply with other local, state or federal statutory or regulatory requirements, which
may be required for the control of the discharge of pollutants into stormwater or urban runoff,
and/or the protection of stormwater and urban runoff quality.
8.28.150
City cooperation.
The City intends to cooperate with other agencies with jurisdiction over stormwater and urban
runoff discharges to ensure that the regulatory purposes underlying stormwater and urban
runoff regulations promulgated pursuant to the Clean Water Act (33 USC ~1251 et sea.) are
met.
8.28.160
Contracting for services.
The City may, to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections, permits and
enforcement authorized by this Ordinance.
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Article II.
Prohibited and Exempted Discharges,
Illicit Connections, and Liabilities
Sections:
8.28.200
8.28.210
8.28.220
8.28.230
8.28.240
Prohibited discharges.
Exempted discharges.
Prohibition on illicit connections.
Liability for prohibited discharges.
Liability for illicit connections.
8.28.200
Prohibited discharges.
A. The following discharges are prohibited:
1. Discharges into stormdrains in a manner causing, or threatening to cause, a
condition of pollution, contamination, or nuisance (as defined in CWC section
13050), in water of the State.
2. Discharges into stormdrains that cause or contribute to exceedances of water
quality objectives for surface water or groundwater.
3. Discharges into stormdrains containing pollutants which have not been reduced
to the Maximum Extent Practicable (MEP).
B. Discharges including. but not limited to, the following are prohibited from entering any
stormdrain:
1. Sewage;
2. Wash water resulting from the hosing or cleaning of gas stations, auto-repair
garages, or other types of fueling or automotive services facilities;
3. Runoff resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility including motor vehicles, cement-related
equipment, port-a-potty servicing, etc.;
4. Wash water resulting from mobile operations such as mobile automobile
washing, steam cleaning, power washing, and carpet cleaning, etc.;
5. Wash water resulting from the cleaning or hosing of impervious surfaces in
municipal, industrial, and commercial areas including parking lots, streets,
sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking'
areas, etc.;
6. Runoff resulting from material storage areas containing chemicals, fuels, grease,
oil, other hazardous materials;
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7.
Pool or fountain water containing chlorine, biocides, or other chemicals;
discharges of pool or fountain filter backwash water;
8.
Sediment, pet waste, vegetation clippings, or other landscape or construction-
related wastes; and
9.
Food-related wastes (e.g., grease, fish processing and restaurant kitchen mat
and trash bin wash water, etc.).
8.28.210
Exempted discharges.
A. Cateaoricallv Allowed Discharaes. The following discharges are exempt from discharge
prohibitions established by this Ordinance:
1. Diverted stream flows;
2. Rising ground water;
3. Uncontaminated ground water infiltration;
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
11. Water line flushing;
12. Landscape irrigation;
13. Discharges from potable water sources other than water main breaks;
14. Irrigation water;
15. Lawn watering;
16. Individual residential car washing;
17. Non-emergency flows due to fire fighting activities; and
18. Discharges from pools and fountains, provided such discharges are de-
chlorinated.
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B. Separate Iv Permitted Discharaes. The following discharges are exempt from discharge
prohibitions established by this Ordinance, provided compliance with all relevant permit
conditions is maintained to the satisfaction of the RWQCB:
1. Discharges regulated under either a valid facility-specific NPDES Permit or
facility-specific Waste Discharge Requirements Permit which has been issued by
the Environmental Protection Agency ("EPA") or the State of California.
C. Exemptions to Protect Public Health and Safety. Discharges determined by the City
Engineer to be necessary to protect public health and safety including but not limited to
prevent flooding of public or private property are exempt from the discharge prohibitions
established by this Ordinance. In such situations, the determination of the City Engineer
that a discharge is necessary may initially be made verbally but must promptly be
confirmed in writing.
8.28.220
Prohibition on illicit connections.
A. No person shall:
1. Act, cause, permit or suffer any agent, employee, or independent contractor, to
establish, construct, maintain, operate or utilize any illicit connection, to cause,
allow or facilitate any prohibited discharge listed in Section 8.28.200, Prohibited
discharges.
2. Establish, continue, cause, allow or maintain any discharge that would result in or
contribute to a violation 0 f the permit, any State General Permit, 0 r any 0 ther
NPDES permit or set of waste discharge requirements issued by the Regional
State Board, the Regional Board, or the EPA, either separately or in combination
with other discharges.
B. The prohibition against illicit connections shall apply, regardless of whether the
connection was established prior to the date on which this Ordinance was enacted.
C. A civil or administrative violation of this Ordinance shall occur, regardless of a person's
negligence or their intent to construct, maintain, operate or utilize an illicit connection or
to cause, allow or facilitate any prohibited discharge.
8.28.230
Liability for prohibited discharges.
A. Municipal NPDES Permit.
1. Any discharge that would result in or contribute to a violation of an existing or
subsequently-adopted municipal NPDES permit(s) or any amendment or revision
thereto or re-issuance t hereof either separately considered or when combined
with other discharges, is a violation of this Ordinance and is prohibited. Liability
for any such discharge shall be the responsibility of the person(s) causing or
responsible for the discharge, and such persons shall defend, indemnify and hold
harmless the City in any administrative or judicial enforcement action relating to
such discharge.
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2. The City Engineer may give written notice to the owner, operator, or occupant of
the property or facility that the activities responsible for the discharge shall cease
until such discharge is contained, treated, or disposed of properly. The written
notice to mitigate the discharge shall expire thirty (30) days commencing upon
delivery of the notice. Upon expiration of the thirty (30) day period, any such
discharge shall constitute a violation of this Ordinance.
B. NPDES Permit for Industrial. Construction and Dewaterina Activities. Any person
associated with industrial, construction, dewatering or other activities and discharges
subject to any NPDES permit issued by the United States Environmental Protection
Agency, the State Water Resources Control Board, or the San Diego Regional Water
Quality Control Board, shall comply with all requirements of such permits. Such
Dischargers shall specifically comply with the requirements outlined in the respective
State General Permits. Proof of compliance with said NPDES general permits may be
required in a form acceptable to the City Engineer prior to issuance of any city grading,
building, or occupancy permits. (Ord. 99-1 0 ~ 1 (part))
8.28.240
Liability for illicit connections.
Liability for any illicit connection shall be the responsibility of the person(s) causing or
responsible for the, and such person(s) shall defend, indemnify and hold harmless the City in
any administrative or judicial action relating to such connection.
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Article III .
Legal Authority and Enforcement
Sections:
8.28.300
8.28.310
8.28.320
Responsibility for administration.
Violations and penalties.
Enforcement.
8.28.300
Responsibility for administration
This Ordinance shall be administered for the City of Temecula by the City Engineer or his or her
representative.
8.28.310
Violations and penalties.
A. It shall be unlawful for any person to conduct any work or business, or cause the same
to be done, contrary to or in violation of any of the provisions of this Ordinance and State
or Federal laws.
B. The issuance of a grading or building permit, performance of permit inspections, or
issuance of a certificate of occupancy may be withheld, revoked or suspended on
property on which a violation of the provisions of this Ordinance exist, including work not
performed in accordance with the approved plans, until such violation(s) has been
corrected to the satisfaction of the City Engineer.
C. For existing industrial and commercial business facilities, violations of this Ordinance
may be grounds for the suspension or revocation of a City business license in
accordance with Chapter 5.04, Business Licenses and Regulations, of the Temecula
Municipal Code.
8.28.320
Enforcement.
Violation of the provisions of this Ordinance shall be prosecuted pursuant to the provisions of
Chapters 1.20, General Penalty, and 1.21, Administration Penalties - Citations, of the Temecula
Municipal Code and may be abated as public nuisances pursuant to Chapter 8.12 of the
Temecula Municipal Code.
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Article IV.
Permits
Sections:
8.28.410
8.28.420
Permit requirements for Construction and Industrial/Commercial
activities.
Penalties.
Compliance with laws.
8.28.400
8.28.400
Permit requirements for Construction and Industrial/Commercial activities.
A. State-issued Permits. Each person associated with any individual NPDES permit or
State General N PDES Permit shall comply with a II t he requirements 0 f such permits.
Each person identified in these permits shall comply with and undertake all activities
required by such permits. The City Engineer may require any person to which such a
permit has been issued to provide proof of compliance with any such permit, in a form
acceptable to the City Engineer, or his/her designated representative, prior to the
issuance of any grading, building or occupancy permits, or any other type of permit or
license issued by the City.
B. City-issued Permits. An application for any of the following permits or approvals shall
demonstrate how the requirements of this Ordinance will be met, and the permit or
approval shall not be approved unless the City Engineer determines that the application
complies with the requirements of this Ordinance:
1. Commercial Development Plan
2. Residential Development Plan
3. Industrial Development Plan
4. Grading Plan
5. Building Permit
6. Improvement Plan
7. Conditional Use Permit
8. Tentative Map Modifications
9. Map Modifications
B. Permit Suspensions or Revocations. The City Engineer may suspend or revoke any
permit issued by the City when it is determined that:
1. The permittee has violated any term, condition, or requirement of the permit, or
any applicable provision of this Ordinance;
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2. The circumstances have changed so that it is no longer appropriate to except the
Discharge.
3. The permittee fails to comply with any schedule for compliance issued pursuant
to this Ordinance; or
4. Any regulatory agency, including the EPA, the State Board or a Regional Water
Quality Control Board having jurisdiction over the discharge, notifies the City that
the discharge should be terminated.
C. Permit Modifications. The City Engineer may modify any permit when it is determined
that:
1. Federal or state law requirements have changed in a manner that necessitates a
change in the permit; or
2. The permittee's discharge or the circumstances under which the discharge
occurs have changed; or
3. A change to the permit is necessary to ensure compliance with the objectives of
this Ordinance, or to protect the quality of receiving waters.
D. Appeals. The determination that a permit shall be denied, suspended, revoked or
modified may be appealed pursuant to the procedures identified in Article VI., Legal
Authority and Enforcement, of this Ordinance. The permittee may request a temporary
variance to continue to discharge pending issuance of a final decision through the
appeal process.
E. Notification. The permittee shall be informed 0 fa ny change in the permit terms and
conditions at least forty-five (45) business days prior to the effective date of the modified
permit.
8.28.410
Penalties.
Any violation of the terms, conditions and requirements relating to the control of discharges to
the storm drain system of any permit issued by the City shall constitute a violation of this
Ordinance and subject the violator to the administrative, civil and criminal remedies available
under this Ordinance.
8.28.420
Compliance with laws.
Compliance with the terms, conditions and requirements of a permit issued by the City shall not
relieve the permittee from compliance with all federal, state and local laws, regulations and
permit requirements, applicable to the activity for which the permit is issued.
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Article V .
Control of Urban Runoff
Sections:
8.28.500
New development projects and modifications to existing
development.
Expiration of plans.
Existing development.
8.28.510
8.28.520
8.28.500
New development projects and modifications to existing development.
A. General R eauirements. New development and modifications toe xi sting development
shall be designed to control pOllutants in stormwater and urban runoff so as to prevent
any deterioration of water quality that would impair subsequent or competing uses of the
receiving waters. The City Engineer shall approve the BMPs that may be implemented to
prevent such deterioration and shall approve the manner of implementation. New
development and modifications to existing development shall comply with the following:
B Construction Runoff Compliance. All individual grading and building projects with active
grading or building permits shall implement measures, including adherence to the
SWPPP, to ensure that all pollutants from the site will be either eliminated or reduced to
the maximum extent practicable, and will not cause or contribute to an exceedance of
water quality objectives as described in the San Diego Regional Water Quality Control
Board Basin Plan. All grading and building activities will be in compliance with the
Grading, Erosion and Sediment Control Ordinance; the Grading Manual; other
applicable ordinances; Federal, State, and local permits; and other applicable
req uirements.
C. Water Qualitv Manaaement Plan iWQMPl Reauired. New development and
modifications to existing development projects shall comply with the following:
1. A Water Quality Management Plan (WQMP) shall be required for all new
development projects that meet the specified categories listed in the City of
Temecula MS4 Permit and modifications to existing development projects as
defined in the MS4 Permit.
2. Projects not requiring a WQMP will be required to implement minimum BMPs
designated by the City according to conditions and requirements established by
the City Engineer.
3. A WQMP shall be required if the City Engineer determines that the development
may result in the discharge of significant levels of a Pollutant into a tributary to
the Stormwater Drainage System.
4. If the City Engineer determines that the project will have a de minimis impact on
the quality of stormwater and urban runoff, then the City Engineer may issue a
written waiver of the requirement for preparation and acceptance of a WQMP.
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D. Contents of a WQMP.
1. The BMPs identified in the WQMP shall address site design, source controls and
treatment controls by:
a. Controlling the post-development urban runoff discharge velocities,
volumes, durations, and peak flow rates to maintain or reduce pre-
development urban discharge velocity, volume, durations, and peak flow
rates;
b. Conserving natural areas where feasible;
c. Identifying pollutants for which water bodies receiving the development's
runoff are listed as impaired under CWA section 303(d) and all identifying
pollutants associated with the land use of the development.
d. Correctly designing BMP's to effectively remove or treat the pollutants
associated with the project;
e. Minimizing directly connected impervious areas;
f. Protecting slopes and channels from downstream erosion;
g. Including storm drain stenciling and signage;
h. Including properly designed outdoor material storage areas;
i. Including properly designed trash storage areas;
j. Including proof of a mechanism to ensure ongoing long-term BMP
maintenance, and following any transfers of ownership.
k. Increasing permeable areas;
I. Implementing B MPs close top ollutant sources and prior to discharging
into receiving waters;
m. Ensuring that post-development runoff does not contain pollutants which
cause or contribute to an exceedance of water quality objectives, as
outlined in the SDRWQCB Basin Plan, and have been .reduced to the
MEP;
n. Not constructing BMP's in receiving waters; and
o. Not using a receiving water as a BMP.
2. During the planning application submittal process for any new development or
modifications to existing development, the permittee shall submit a WQMP. The
applicant shall 0 btain the City Engineer's acceptance 0 fa WQMP prior tot he
issuance of a permit land use approval or, at the City's discretion, prior to
recordation of a map. The Public Works Department shall review all W QMPs
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and impose terms, conditions and requirements on the project in accordance with
this Ordinance prior to the City's issuance of a permit, approval, or map.
3. New development and modifications to existing development shall implement
and adhere to the terms, conditions and requirements of the approved WQMP.
4. The City Engineer may require that the WQMP, or components within the
WQMP, be recorded with the County Recorder's office. The signature of the
property owner, or successor in interest, shall be sufficient for the recording of
the plan or any revised plan. A signature on behalf of the City shall not be
required for recordation.
E. The Drainaae Area Manaaement Plan (DAMP). All New Development and Modifications
to existing development projects shall also be undertaken and implemented in a manner
that is consistent with the DAMP, and shall also fulfill any conditions and requirements
established by the Pianning Department and Public Works Department which are related
to the reduction or elimination of Pollutants in stormwater and urban runoff from the
project site.
F. Continuation of Terms. Conditions and Reauirements for New Development or
Modifications to Existina Development Proiects. All terms, conditions and
requirements which the Planning and Public Works Departments have initially imposed
pursuant to this Section for either a new development or modifications to existing
development project shall remain in effect upon the transfer of the property. Any owner
of the property, or their successors, or assigns, shall be in violation of this Ordinance if
they fail to implement and/or adhere to the terms, conditions and requirements imposed
pursuant to this Section on a New Development or Modifications to existing development
project.
8.28.510
Expiration of plans.
A. Approved plans for which no inspections have occurred shall expire 180 days following
the date of submittal and may be returned to the applicant or may be destroyed by the
City Engineer without additional notice to the applicant.
B. The City Engineer may extend the time for action by the applicant for a period not
exceeding 180 days upon written request by the applicant showing that circumstances
beyond the reasonable control of the applicant have prevented action from being taken.
C. In 0 rder to renew a ction after the plans have expired pursuant to the 0 rdinance, the
applicant shall resubmit the plans and pay the most current plan review fee.
8.28.520
Existing development.
A. General Requirements. Existing development shall prevent pollutants from discharging
into stormdrain systems, and shall control stormwater runoff so as to prevent any
deterioration of water quality that would impair subsequent or competing uses of the
water. The City Engineer shall identify the BMPs that shall be implemented to prevent
such deterioration and shall identify the manner of implementation.
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B. Industrial and Commercial Business Facilities. Each person in charge of day to day
operations of an industrial or commercial business facility in the City shall implement
those minimum BMPs as may be designated by the City Engineer. For those facilities
that are tributary to impaired water bodies and/or are directly adjacent to or discharging
directly to receiving waters, BMPs shall include additional controls as the City Engineer
may require.
C. Common Interest Areas. Homeowners' Associations. and Property Manaaement
Orqanizations. Each person who owns, operates, or is in charge of day to day activities
of common interest areas on Private Property in the city shall ensure that runoff from
within common interest areas, including private roads, drainage facilities, and other
components of the storm water conveyance system, meets the objectives of the City's
permit and this Ordinance..
D. Litter control.
1. No person shall dump, dispose, or stockpile any waste material, including but not
limited to common household rubbish or garbage of any kind (whether generated
or accumulated at a residence, business or other location), upon any public or
private property, whether occupied, open or vacant, including but not limited to,
any street, sidewalk, alley, right-of-way, open area or point of entry to the storm
drain system, except in trash containers, or at a lawfully established waste
disposal facility.
2. Any person who owns or occupies a property on which a prohibited disposal of
waste materials occurs shall ensure that all such waste materials are properly
collected and disposed of within a reasonable period of time.
3. Any person who either owns or occupies property and who fails to comply with
the requirements of this Ordinance may be charged with creating a nuisance
upon the property.
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Article VI .
Regulatory Inspections
Sections:
8.28.600
8.28.610
8.28.620
8.28.630
8.28.640
Right to inspect.
Records review.
Authority to sample and test.
Monitoring.
Test results.
8.28.600
Right to inspect.
A. Normal Conditions. For routine inspections, the City Engineer may inspect construction
sites, industrial and commercial business facilities, and associated activities subject to
this Ordinance at reasonable times and in a reasonable manner to carry out the
purposes of this Ordinance. If entry for a regulatory inspection is refused by a
construction site representative, or by a facility owner, occupant, or operator, an
inspection warrant shall be obtained prior to inspection.
1. When any new structural BMP is installed on private property as part of a project
that requires a City permit or business license, in order to comply with this
Ordinance, the property owner, occupant or operator shall provide the City
access for inspection of BMPs to ensure that the BMP is working properly. This
includes the right to enter the property without prior notice, as needed, when the
City has a reasonable basis to believe that the BMP is not working properly, or to
enter for any follow-up inspections, or to enter when necessary for abatement of
a nuisance or correction of a violation of this Ordinance.
2. Inspections may include all actions necessary to:
a. Determine whether any illegal discharges or illegal connections exist;
b. Determine whether the BMPs installed and implemented are adequate to
comply with this Ordinance;
c. Determine whether the BMPs are being properly maintained;
d. Determine whether the facility or activity complies with the other
requirements of this Ordinance;
e. Identify products produced, processes conducted, chemicals used and
materials stored on or contained within the property that could constitute
a threat to water quality if a discharge occurs;
f. Identify point(s) of discharge of all wastewater and processed water;
h. Establish the location of all points of discharge from the property, whether
by surface runoff or through a storm drain system;
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i. Locate any Illicit Connection or the source of any Prohibited Discharge;
j. Evaluate compliance with any permit issued by the City relating to a
discharge to the Storm Drain System; or
k. Investigate any complaints forwarded to the City by third parties related to
discharge. This may include, but may not be limited to sampling,
metering, visual inspections, and records review.
B Emeraencv Conditions. If the City Engineer has reasonable cause to believe that non-
stormwater runoff is actively discharging from the property onto any public street, inlet,
gutter, or any other storm drain system, the City Engineer shall have the right to
immediately enter and inspect said property regardless of whether said property is
occupied or unoccupied, and regardless of whether formal permission to inspect said
property has been obtained.
8.28.610
Records review.
The City Engineer may inspect the property owner's, occupant's, or operator's records relating
to chemicals or processes presently or previously occurring on-site, including but not limited to,
material and/or chemical inventories, facility maps or schematics and diagrams, Material Safety
Data Sheets, hazardous waste manifests, business plans, pollution prevention plans, State
General Permits, Stormwater Pollution Prevention Plans, Monitoring Program Plans, any
records relating to Illicit Connections, Prohibited Discharges, or any other source of contribution
or potential contribution of Pollutants to the Storm Drain System. Records, reports, analyses, or
other information required under this Ordinance may be inspected and copied, and photographs
taken to document a condition and/or a violation of this Ordinance.
8.28.620
Authority to sample and test.
The City Engineer may inspect, sample and test any area runoff, soils area (including
groundwater testing), process discharge, materials within any waste storage area (including any
container contents), and/or discharge from any treatment system for the purpose of determining
the potential for contribution of pollutants to the storm drain system. The City Engineer may
investigate the integrity of all storm drain and sanitary sewer systems, or other pipelines on the
property using appropriate tests, including but not limited to smoke and dye tests or video
surveys. The City Engineer shall be authorized to document conditions on the property by any
reasonable means. It shall be a violation of this Ordinance for anyone other than the City
Engineer to tamper, dismantle or otherwise intentionally disable, modify or in any way damage
such monitoring devices.
8.28.630
Monitoring.
The City Engineer may erect and maintain monitoring devices for the purpose of measuring any
discharge or potential source of discharge to the Storm Drain System.
8.28.640
Test results.
Upon, submission of a written request by the owner or occupant of the property subject to
inspection, the City Engineer shall provide copies of all monitoring and test results conducted to
the owner or occupant. .
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Article VII .
Plan Review and Inspection Fees
Sections:
8.28.700
WQMP review fees - new development projects and modification to
existing development.
Inspection fees.
Refunds.
8.28.710
8.28.720
8.28.700
WQMP review fees - new development projects and modifications to
existing development.
When WQMPs are required pursuant to the provisions of this Ordinance, the City Engineer shall
collect the required plan review fee and/or deposit as required by this Ordinance and by City
Council resolution establishing applicable fees and deposits.
8.28.710
Inspection fees.
A. Construction Proiects. When follow-up site inspections are required in accordance with
new development projects and modifications to existing development pursuant to the
provisions of this Ordinance, the City Engineer shall collect the inspection fee as
required by this Ordinance and by City Council resolution establishing applicable fees
and deposits.
B. Existina Commercial and Industrial Businesses. In addition to the City's annual business
licensing requirements pursuant to Chapter 5.04, Business Licenses and Regulations, of
the City's Municipal Code. existing commercial and industrial businesses, listed in the
City's NPDES Permit, shall pay an annual inspection fee to ensure compliance with the
City's NPDES Permit, as required by this Ordinance and by City Council resolution
establishing applicable fees and deposits.
8.28.720 Refunds.
After submittal and commencement of processing by the City, no fee(s) collected pursuant to
this division, shall be refunded in whole or in part, except as provided as follows:
A. Inspection fees may be refunded, less any City expenses incurred, including an
overhead charge of twenty percent (20%), at any time prior to the start of the work upon
the applicant's written request, provided any City permit has expired or has been
withdrawn.
B. No refund shall be made if the applicant or permittee has any outstanding debts owed to
the City, or if corrective work remains to be done.
C. No refund shall be made pursuant to this section if a request for refund is submitted to
the City more than one (1) year from the date of payment of the fee as to which a refund
is claimed.
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Article VIII.
Definitions of Terms
Sections:
8.28.800
Definitions.
Whenever in this Ordinance and the Manual, or in any resolution or standard adopted by the
City Council pursuant to this Ordinance, the following terms are used, they shall have the
meaning ascribed to them in this section, unless it is apparent that some other meaning is
intended:
"Authorized Inspector" means the City Engineer and all persons designated by him/her and
under his/her instruction and supervision, who are assigned to investigate compliance with,
detect violations of, and/or take actions pursuant to this Ordinance.
"Best ManaQement Practices" or "BMPs" means, as defined in 40 CFR 122.2, schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices
to prevent or reduce the pollution of waters of the U.S. BMPs also include treatment
requirements, operating procedures and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
"Citv EnQineer" means the Director of Public Works/City Engineer of the City of Temecula, or
his or her designee.
"Compliance Schedule" means the time period allowed by the City for a discharger to achieve
compliance with the requirements of this Ordinance. The Compliance Schedule shall contain
specific dates by which adequate treatment facilities, devices, or any other related equipment
and/or procedures shall be installed or implemented.
"Construction Activitv" means any activity used in the process of developing, redeveloping,
enhancing, or maintaining land, including, but not limited to, land disturbance, building
construction, paving and surfacing, storage or disposal of construction related materials.
"Construction Site" means any project requiring a local grading or building permit, including
projects requiring coverage under the General Construction Permit that involves soil disturbing
activities. Soil disturbing activities include clearing, grading. excavation and any other
disturbances to ground. This definition includes stockpiling.
"Contamination" means, as defined in the Porter-Cologn Water Quality Control Act,
contamination is "an impairment of the quality of waters of the State by waste to a degree which
creates a hazard to the public health through poisoning or through the spread of disease.
'Contamination' includes any equivalent effect resulting from the disposal of waste whether or
waters of the State are affected."
"Co-Permittee" means the County of Riverside, the Riverside County Flood Control and Water
Conservation District and the City 0 f Murrieta which are responsible for compliance with the
terms of the Permit.
"CWA" means the Clean Water Act.
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"DAMP" means the Riverside County Drainage Area Management Plan, as the same may be
amended from time to time.
"Discharae" means any release, spill, leak, flow, escape, leaching (including subsurface
migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid
substance.
"Discharae Exception" means those activities not restricted or prohibited by this Ordinance or
exempted under Section A of the Permit or a subsequent Permit.
"Discharaer" means any person, any property owner, 0 r a ny 0 ccupant 0 fa ny unit, building,
premises or lot within the City, who either discharges or causes to be discharged any of the
substances listed under "Discharge," above, either directly or indirectly, into the City's Storm
Drain System.
In any action taken to enforce this Ordinance, the burden shall be on the person who is the
subject of such action to establish that a Discharge was within the scope of this discharge
Exception.
"Enforcina Attornev" means the City Attorney, or the District Attorney acting as counsel to the
City of Temecula, and his/her designee, which counsel is authorized to take enforcement action
as described herein. For purposes of criminal prosecution, only the District Attorney and/or City
Attorney, or his/her designee, shall act as the Enforcing Attorney.
"ESA" means Environmentally Sensitive Areas "in which plant or animal life or their habitats are
either rare or especially valuable because of their special nature or role in an ecosystem and
which would easily be disturbed or degraded by human activities and developments" (California
Public Resources Code section 30107.5). ESAs subject to urban runoff requirements included
but are not limited to all CWA section 303 (d) impaired water bodies, areas designated as Areas
of Special Biological Significance by the SWRCB (Basin Plan); water bodies designated with the
RARE beneficial use by the SWRCB (Basin Plan); areas within the Western Riverside County
Multi-Species Habitat Conservation Plan ( MSHCP) P Ian areas that contain rare 0 r especially
valuable plant or animal life or their habitat; and any other equivalent environmentally sensitive
areas which the Permittees have identified..
"Hearina Officer" means the City Engineer or his/her designee, who shall preside at any
administrative hearings authorized by this Ordinance, and who is authorized to issue final
decisions on the matters raised therein.
"Illicit Connection" means any connection to the MS4 that conveys an illicit discharge.
"Illicit Discharae" means any discharge to the MS4 that is not composed entirely of storm
water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting
activities [40 CFR 122.26(b)(2)].
"Invoice for Costs" means the actual costs and expenses of the City, including but not limited
to administrative overhead, salaries and other expenses recoverable under California law,
incurred during any Inspection conducted pursuant to Article IV of this Ordinance or where a
Notice of Noncompliance, Administrative Compliance Order or other enforcement option under
Article V of this Ordinance is utilized to ensure compliance with this Ordinance.
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"Maximum Extent Practicable" ("MEP") means the technology-based standard established by
Congress in CWA section 402(p)(3)(B)(iii) that operators of MS4s must meet. Technology-
based standards establish the level of pollutant reductions that dischargers must achieve,
typically by treatment or by a combination of source control and treatment control BMP's. MEP
generally emphasizes pollution prevention and source control BMP's primarily (as the first line of
defense). The definition of MEP is dynamic and will be defined by the following process over
time; municipalities propose their definition of MEP by way of the SWMP. Their total collective
and individual activities conducted pursuant to the SWMP becomes their proposal for MEP as it
applies both to their overall effort, as well as to specific activities (e.g., MEP for street sweeping,
or MEP for MS4 maintenance).
"Modifications to existina development" means the creation or addition of impervious
surfaces or the making of improvements to an existing structure on an already developed site;
replacement of impervious surfaces that are not part of a routine maintenance activity; and land
disturbing activities related to structural or impervious surfaces. This definition is consistent with
the term "Redevelopment" as referenced in the MS4 permit.
"New Development" means all public and private residential (whether single family, multi-unit or
planned unit development), industrial, commercial, retail, and other non-residential construction
projects, or grading for future construction, for which a land use approval, grading permit,
building permit or "non-residential plumbing permit" is required.
"Non-residential Plumbina Permit" means a plumbing permit authorizing the construction
and/or installation of facilities for the conveyance of liquids, other than stormwater, potable
water, reclaimed water or domestic sewage.
"NPDES or "National Pollution Discharae Elimination Svstem" means the national program
for issuing, modifying, revoking a nd reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under Sections 307,318,402, and 405
of the CWA.
"Owner or Operator" means the owner or operator of any facility or activity subject to
regulation under the NPDES program..
"Permit" means t he current permit issued by the Regional Board, under t he a uthority of the
Federal Clean Water Act, or any succeeding permit, and any other currently applicable
municipal discharge permit[s], which establishes waste discharge requirements applicable to
stormwater and urban runoff within the City.
"Permittee" means any person, property owner, contractor, or authorized agent to whom a
permit is issued pursuant to this Ordinance.
"Person" means an individual, association, partnership, corporation, municipality, State or
Federal agency, or any agent or employee thereof [40 CFR 122.2].
"Pollutant" means any agent that may cause or contribute to the degradation of water quality
such that a condition of pollution or contamination is created or aggravated.
"Prohibited Discharae" means any Discharge which contains any Pollutant, from public or
private property to (i) the Storm Drain System; (Ii) any upstream flow, which is tributary to the
Storm Drain System; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo,
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wetlands area, or marsh; or (iv) which is otherwise prohibited by the Permit. The term
"Prohibited Discharge" shall not include discharges allowable under the Discharge Exception.
"Receivina Waters" means the waters of the United States. This applies to natural drainage
channels, active or not, including all tributaries leading to streams, creeks, rivers, and other
waterbodies.
"Reaional Board" or SDRWQCB refers to the San Diego Regional Water Quality Control Board
which has jurisdiction over the City.
"Modifications to existina development" means the rehabilitation or reconstruction of public
or private residential (whether single family, multi-unit or planned unit development), industrial,
commercial, retail, or other non-residential structures, for which either a land use approval,
grading permit, building permit or Non-residential Plumbing Permit is required.
"Site" means the real property on which activities subject to this Ordinance may occur.
"State Board" or "SWRCB" means the State Water Resources Control Board.
"State General Permit" means either t he State General I ndustrial Stormwater Permit or the
State General Construction Permit, as the same may be amended from time to time, and the
terms and requirements 0 f either 0 r both permits. I n the event the E PA revokes the in-lieu
permitting authority of the State Board, then the term State General Permit shall also refer to
any EPA-administered stormwater control program for industrial activities, construction
activities, or any other type of activity that is subsequently regulated through a state general
Permit.
"Storm Drain Svstem" means street gutter, channel, storm drain, constructed drain, lined
diversion structure, wash area, inlet, outlet, stream, creek, river, or other facility within the City
limits, which is a part of or tributary to the County-wide stormwater runoff system and owned,
operated, maintained or controlled by the City, the County of Riverside, the Riverside County
Water Conservation and Flood Control District or any Co-Permittee, and used for the purpose of
collecting, storing, transporting, or disposing of stormwater.
"Stormwater Manual" means the City of Temecula Administrative and Technical Procedures
Manual for Stormwater and Urban Runoff Management and Discharge Control.
"Stormwater Runoff" means that part of precipitation (rainfall) which travels via flow across a
surface to the MS4 or receiving waters from impervious, semi-perivious or pervious surfaces.
"Urban Runoff" means surface water flow produced by non-stormwater resulting from
residential, commercial and industrial activities involving the use of potable and non-potable
water.
"WQMP" means a Water Quality Management Plan.
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Section 21: The City Council authorizes and directs the Director of Public Works/City
Engineer to prepare and utilize a manual of standards setting forth the administrative
procedures and technical requirements necessary to implement the provisions of this
Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula
Administrative and Technical Procedures Manual for Stormwater and Urban Runoff
Management and Discharge Control" in substantially the form set forth in Exhibit A.
Section 22: If any provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or application,
and to this end, the provisions of this Ordinance are declared to be severable.
Section 23: Environmental Determination. The construction and
industrial/commercial activities regulated by this Ordinance represent an implementation
component of the adopted General Plan to mitigate potential and theoretical impacts to water
quality. The general impacts of the General Plan were evaluated in the Final Environmental
Impact Report that was prepared for the updated General Plan. The Final EIR for the General
Plan was certified by the City Council on April 12, 2005. The adoption of the proposed
Ordinance will allow the City to establish procedures and requirements that will regulate
pollutants in stormwater and urban runoff within the City. The proposed Ordinance is expected
to result in benefits to the waters of the United States and the protection of the environment. No
new development will occur because of the adoption of this Ordinance. Therefore, this project
is categorically exempt from CEQA pursuant to the provision of Sections 15308 and
15601(b)(3), and therefore, no further environmental review is required. The City further
acknowledges that the action is the replacement of the existing regulatory ordinance with an
ordinance of similar character reflecting the current state of the applicable law. In light of this
deminimus substitution the general rule of CEQA as set forth in State CEQA Guidelines Section
15601(b)(3) is also deemed applicable to this action as it can be seen with certainty that the
adoption of this superceding ordinance will not cause new or additional adverse effects upon the
environment.
Section 24: Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 25: This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall, or a summary hereof, be published in a newspaper
published and circulated in said City.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 28th
day of June, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
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[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05- was duly introduced and placed upon its first reading at a
meeting of the City Council on the 28th day of June 2005, and that thereafter, said Ordinance
was duly adopted and passed at a meeting of the City Council on the 12th day of July 2005, by
the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
25
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
Chapter 8.28 of the Temecula Municipal Code
STORMWATER AND URBAN RUNOFF
MANAGEMENT AND DISCHARGE
CONTROLS
Ordinance No. 05-
Adopted
ORDINANCE NO. 05-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE WHICH
IMPOSES THE REQUIREMENTS OF THE NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (UNPDES") PERMIT CONCERNING
STORMWATER RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL
OF URBAN RUNOFF; INSPECTIONS OF SOURCES OF DISCHARGES;
ENFORCEMENT OF WATER QUALITY AND DISCHARGE REGULATIONS
AND PERMITS WITHIN THE CITY OF TEMECULA, AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A
MANUAL SETTING FORTH THE ADMINISTRATIVE RULES, PROCEDURES,
AND REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE
The City Council of the City of Temecula, does ordain as follows:
Section 1: The federal Clean Water Act (33 U.S.C. ~ 1251, et seq.,) provides for the
regulation and reduction of pollutants discharged into the waters of the United States by
extending National Pollutant Discharge Elimination System ("NPDES") requirements to
stormwater and urban runoff discharged into municipal storm drain systems.
Section 2: The City of Temecula (the "City") is a co-permittee under the "Waste
Discharge Requirements for Discharges of Urban Runoff from Municipal Separate Storm
System ("MS4 system") Draining the County of Riverside, the City of Murrieta, the City of
Temecula and the Riverside County Flood Control and Water Conservation District within the
San Diego Region," California Regional Water Quality Control Board - San Diego Region,
Order No. R9-2004-001, (NPDES No. CAS0108766) ("Permit"), as well as Waste Discharge
Requirements under California law, and, as a co-permittee under the Permit, the City is required
to adopt ordinances and implement procedures with respect to discharges into the municipal
separate storm sewer system.
Section 3: The City has previously adopted ordinances to ensure that it possesses
the legal authority necessary to control discharges to and from those portions of the Storm Drain
System over which it has jurisdiction, in order to comply with the Permit, and to specifically
prohibit certain discharges identified in the Permit.
Section 4: This Ordinance is also intended to further confirm the City's legal
authority to control discharges of Pollutants, as that term is defined under Article VIII, "Definition
of Terms," to and from those portions of the Storm Drain System over which the City has
jurisdiction, as required by the Permit, and thereby fully and timely comply with the terms of the
Permit.
Section 5: In order to control in a cost-effective manner, the quantity and quality of
stormwater and urban runoff to the maximum extent practicable, the adoption of reasonable
regulations, as set forth herein, is essential.
Section 6: This Ordinance is being adopted in order to comply with federal
requirements for the control of Pollutants to stormwater and urban runoff, which enters the
Storm Drain System throughout the portions of Riverside County covered by the Permit.
lI086-0623\825507v1.doc
Section 7: The City is authorized by Article XI, ~5 and ~7 of the State Constitution to
exercise the police power of the State by adopting regulations promoting the public health,
public safety and general prosperity.
Section 8: The City has determined that a legitimate local purpose is present in
complying with the provisions of the Permit.
Section 9: The land use authority exercised by the City pursuant to California
Government Code ~65300 et sea., requires regional planning and the adoption of policies
protecting the environment through the imposition of reasonable conditions on the use of land.
Section 10: This Ordinance conforms to the policies and goals of the General Plan
adopted by the City, pursuant to California Planning and Zoning Law, for the protection of the
portions of watersheds located within Riverside County by implementing measures to control
erosion and prevent the pollution of streams and other waters;
Section 11: The Subdivision Map Act, California Government Code ~66411 ,
authorizes the City to regulate and control the design and improvement of subdivided lands and
mitigate the burdens of proposed development by imposing reasonable conditions on map
approval;
Section 12: The California Constitution Article XI, ~7 and Government Code ~38660
authorize the City to establish appropriate conditions for the issuance of building permits, which
require the installation of improvements reasonably related to the proposed use of property;
Section 13: Government Code ~38771 authorizes the City to declare as public
nuisances undesirable acts which may injure health or cause interference with the comfortable
enjoyment of life or property and to provide for the abatement of the same;
Section 14: All industrial dischargers subject to the provisions of the State General
Industrial Stormwater Permit and General Construction Activity Stormwater Permit (referred to
collectively herein as the "State General Permits") must comply with the lawful requirements of
the City which regulate discharges to the storm drain system within its jurisdiction;
Section 15: All industrial dischargers subject to the provisions of the State General
Permit are required to maintain Stormwater Pollution Prevention Plans (SWPPPs) on-site and
make them available to the City for inspection;
Section 16: All construction dischargers subject to the provisions of the State General
Permit may be required by the City, with the concurrence of the San Diego Regional Water
Quality Control Board, to amend any Stormwater Pollution Prevention Plan;
Section 17: All industrial dischargers subject to the provisions of the State General
Permit are required to maintain a description of the required monitoring program on-site and
make it available to the City for inspection;
Section 18: The City has jurisdiction over certain stormwater conveyance facilities and
other watercourses within the City, and these facilities may receive discharges from properties
and activities regulated under the provisions of the State General Permits, and the City may
request that the regulated dischargers furnish information and records necessary to determine
compliance with the State General Permits;
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Section 19: The City has jurisdiction over certain stormwater conveyance facilities
and other watercourses within the City, and these facilities may receive discharges from
properties and activities regulated under the provisions of the State General Permits, and City
may, upon presentation of credentials and other documents required by law: (i) enter upon the
discharger's premises where a regulated facility is located or where records must be kept under
the conditions of the State General Permits; (ii) access and copy, at all reasonable times, any
records that are required to be kept under the conditions of the State General Permits; (iii)
inspect, at all reasonable times, any facility or equipment related to or impacting stormwater or
urban runoff discharge; and (iv) sample or monitor for the purpose of ensuring compliance with
the State General Permits.
Section 20: Chapter 8.28, in the Temecula Municipal Code, "Stormwater and Urban
Runoff Management and Discharge Controls", is hereby amended to read as follows:
CHAPTER 8.28 STORMWATER AND URBAN RUNOFF
MANAGEMENT AND DISCHARGE CONTROLS
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Article I.
General Provisions
Sections:
8.28.100
8.28.110
8.28.120
8.28.130
8.28.140
8.28.150
8.28.160
Title.
Purpose and intent.
Stormwater and Urban Runoff Manual.
Regulatory consistency.
Compliance disclaimer.
City cooperation.
Contracting for services.
8.28.100 Title.
This Ordinance shall be known as the "City of Temecula Stormwater and Urban Runoff
Management and Discharge Control Ordinance (Ordinance)."
8.28.110
Purpose and intent.
The purpose and intent of this Ordinance is to protect the water quality of City watercourses,
water bodies, ground water, and wetlands in a manner pursuant to and consistent with the
Federal Clean Water Act (33 USC Sec. 1342), in order to ensure the future health, safety, and
general welfare of the citizens of this City by:
A. Regulating non-stormwater urban runoff (urban runoff) to the storm drain system. (Ord.
99-1 0 ~ 1 (part));
B. Reducing pollutants in stormwater to the maximum extent practicable;
C. Establish requirements for development projects for permanent water quality control
measures;
D. Establish requirements to reduce pollutant discharges from construction sites;
E. Establish requirements to reduce pollutants in runoff from existing development; and
F. Prohibiting illicit connections and illegal discharges to the storm drain system.
8.28.120
Stormwater and Urban Runoff Manual.
The City Engineer shall formulate a manual setting forth administrative rules, procedures and
requirements necessary to implement the provisions of this Ordinance. Such rules, procedures,
and requirements shall be entitled "The City of Temecula Administrative and Technical
Procedures Manual for Stormwater and Urban Runoff Management and Discharge Control
(Stormwater and Urban Runoff Manual). The City Engineer shall have the authority to change,
update or revise the Manual as necessary in order to implement the provisions of this
Ordinance and all revisions thereto arising from time to time.
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In the event of any conflict between the Manual and this Ordinance. the more restrictive
provisions shall govern. The provisions of the Manual, to the extent they are made conditions of
a permit issued by the City, shall be binding. All revisions to the manual shall be reviewed and
approved by the City Council and take effect immediately upon approval.
8.28.130
Regulatory consistency.
This Ordinance shall be construed to assure consistency with the requirements of the Clean
Water Act and any amendments thereof, and all applicable implementing regulations, and any
existing or future municipal NPDES Permits, and any amendments or revisions thereto or re-
issuance thereof.
8.28.140
Compliance disclaimer.
Full compliance by any Person or entity with the provisions of this Ordinance shall not preclude
the need to comply with other local, state or federal statutory or regulatory requirements, which
may be required for the control of the discharge of pollutants into stormwater or urban runoff,
and/or the protection of stormwater and urban runoff quality.
8.28.150
City cooperation.
The City intends to cooperate with other agencies with jurisdiction over stormwater and urban
runoff discharges to ensure that the regulatory purposes underlying stormwater and urban
runoff regulations promulgated pursuant to the Clean Water Act (33 USC ~1251 et sea.) are
met.
8.28.160
Contracting for services.
The City may, to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections, permits and
enforcement authorized by this Ordinance.
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Article II.
Prohibited and Exempted Discharges,
Illicit Connections, and Liabilities
Sections:
8.28.200
8.28.210
8.28.220
8.28.230
8.28.240
Prohibited discharges.
Exempted discharges.
Prohibition on illicit connections.
Liability for prohibited discharges.
Liability for illicit connections.
8.28.200
Prohibited discharges.
A. The following discharges are prohibited:
1. Discharges into stormdrains in a manner causing, or threatening to cause, a
condition of pollution, contamination, or nuisance (as defined in CWC section
13050), in water of the State.
2. Discharges into stormdrains that cause or contribute to exceedances of water
quality objectives for surface water or groundwater.
3. Discharges into stormdrains containing pollutants which have not been reduced
to the Maximum Extent Practicable (MEP).
B. Discharges including, but not limited to, the following are prohibited from entering any
stormdrain:
1. Sewage;
2. Wash water resulting from the hosing or cleaning of gas stations, auto-repair
garages, or other types of fueling or automotive services facilities;
3. Runoff resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility including motor vehicles, cement-related
equipment, port-a-potty servicing, etc.;
4. Wash water resulting from mobile operations such as mobile automobile
washing, steam cleaning, power washing, and carpet cleaning, etc.;
5. Wash water resulting from the cleaning or hosing of impervious surfaces in
municipal, industrial, and commercial areas including parking lots, streets,
sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking
areas, etc.;
6. Runoff resulting from material storage areas containing chemicals, fuels, grease,
oil, other hazardous materials;
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7.
Pool or fountain water containing chlorine, biocides, or other chemicals;
discharges of pool or fountain filter backwash water;
8.
Sediment, pet waste, vegetation clippings, or other landscape or construction-
related wastes; and
9.
Food-related wastes (e.g., grease, fish processing and restaurant kitchen mat
and trash bin wash water, etc.).
8.28.210
Exempted discharges.
A. Cateaoricallv Allowed Discharaes. The following discharges are exempt from discharge
prohibitions established by this Ordinance:
1. Diverted stream flows;
2. Rising ground water;
3. Uncontaminated ground water infiltration;
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
11. Water line flushing;
12. Landscape irrigation;
13. Discharges from potable water sources other than water main breaks;
14. Irrigation water;
15. Lawn watering;
16. Individual residential car washing;
17. Non-emergency flows due to fire fighting activities; and
18. Discharges from pools and fountains, provided such discharges are de-
chlorinated.
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B. Separatelv Permitted Discharaes. The following discharges are exempt from discharge
prohibitions established by this Ordinance, provided compliance with all relevant permit
conditions is maintained to the satisfaction of the RWQCB:
1. Discharges regulated under either a valid facility-specific NPDES Permit or
facility-specific Waste Discharge Requirements Permit which has been issued by
the Environmental Protection Agency ("EPA") or the State of California.
C. Exemptions to Protect Public Health and Safety. Discharges determined by the City
Engineer to be necessary to protect public health and safety including but not limited to
prevent flooding of public or private property are exempt from the discharge prohibitions
established by this Ordinance. In such situations, the determination of the City Engineer
that a discharge is necessary may initially be made verbally but must promptly be
confirmed in writing.
8.28.220
Prohibition on illicit connections.
A. No person shall:
1. Act, cause, permit or suffer any agent, employee, or independent contractor, to
establish, construct, maintain, operate or utilize any illicit connection, to cause,
allow or facilitate any prohibited discharge listed in Section 8.28.200, Prohibited
discharges.
2. Establish, continue, cause, allow or maintain any discharge that would result in or
contribute to a violation of the permit, any State General Permit, or any other
NPDES permit or set of waste discharge requirements issued by the Regional
State Board, the Regional Board, or the EPA, either separately or in combination
with other discharges.
B. The prohibition against illicit connections shall apply, regardless of whether the
connection was established prior to the date on which this Ordinance was enacted.
C. A civil or administrative violation of this Ordinance shall occur, regardless of a person's
negligence or their intent to construct, maintain, operate or utilize an illicit connection or
to cause, allow or facilitate any prohibited discharge.
8.28.230
Liability for prohibited discharges.
A. Municipal NPDES Permit.
1. Any discharge that would result in or contribute to a violation of an existing or
subsequently-adopted municipal NPDES permit(s) or any amendment or revision
thereto or re-issuance thereof either separately considered or when combined
with other discharges, is a violation of this Ordinance and is prohibited. Liability
for any such discharge shall be the responsibility of the person(s) causing or
responsible for the discharge, and such persons shall defend, indemnify and hold
harmless the City in any administrative or judicial enforcement action relating to
such discharge.
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2. The City Engineer may give written notice to the owner, operator, or occupant of
the property or facility that the activities responsible for the discharge shall cease
until such discharge is contained, treated, or disposed of properly. The written
notice to mitigate the discharge shall expire thirty (30) days commencing upon
delivery of the notice. Upon expiration of the thirty (30) day period, any such
discharge shall constitute a violation of this Ordinance.
B. NPDES Permit for Industrial. Construction and Dewaterina Activities. Any person
associated with industrial, construction, dewatering or other activities and discharges
subject to any NPDES permit issued by the United States Environmental Protection
Agency, the State Water Resources Control Board, or the San Diego Regional Water
Quality Control Board, shall comply with all requirements of such permits. Such
Dischargers shall specifically comply with the requirements outlined in the respective
State General Permits. Proof of compliance with said NPDES general permits may be
required in a form acceptable to the City Engineer prior to issuance of any city grading,
building, or occupancy permits. (Ord. 99-10 ~ 1 (part))
8.28.240
Liability for illicit connections.
Liability for any illicit connection shall be the responsibility of the person(s) causing or
responsible for the, and such person(s) shall defend, indemnify and hold harmless the City in
any administrative or judicial action relating to such connection.
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Article III .
Legal Authority and Enforcement
Sections:
8.28.300
8.28.310
8.28.320
Responsibility for administration.
Violations and penalties.
Enforcement.
8.28.300
Responsibility for administration
This Ordinance shall be administered for the City of Temecula by the City Engineer or his or her
representative.
8.28.310
Violations and penalties.
A. It shall be unlawful for any person to conduct any work or business, or cause the same
to be done, contrary to or in violation of any of the provisions of this Ordinance and State
or Federal laws.
B. The issuance of a grading or building permit, performance of permit inspections, or
issuance of a certificate of occupancy may be withheld, revoked or suspended on
property on which a violation of the provisions of this Ordinance exist, including work not
performed in accordance with the approved plans, until such violation(s) has been
corrected to the satisfaction of the City Engineer.
C. For existing industrial and commercial business facilities, violations of this Ordinance
may be grounds for the suspension or revocation of a City business license in
accordance with Chapter 5.04, Business Licenses and Regulations. of the Temecula
Municipal Code.
8.28.320
Enforcement.
Violation of the provisions of this Ordinance shall be prosecuted pursuant to the provisions of
Chapters 1.20, General Penalty, and 1.21, Administration Penalties - Citations, of the Temecula
Municipal Code and may be abated as public nuisances pursuant to Chapter 8.12 of the
Temecula Municipal Code.
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Article IV.
Permits
Sections:
8.28.410
8.28.420
Permit requirements for Construction and Industrial/Commercial
activities.
Penalties. .
Compliance with laws.
8.28.400
8.28.400
Permit requirements for Construction and Industrial/Commercial activities.
A. State-issued Permits. Each person associated with any individual NPDES permit or
State General NPDES Permit shall comply with all the requirements of such permits.
Each person identified in these permits shall comply with and undertake all activities
required by such permits. The City Engineer may require any person to which such a
permit has been issued to provide proof of compliance with any such permit, in a form
acceptable to the City Engineer, or his/her designated representative, prior to the
issuance of any grading, building or occupancy permits, or any other type of permit or
license issued by the City.
B. City-issued Permits. An application for any of the following permits or approvals shall
demonstrate how the requirements of this Ordinance will be met, and the permit or
approval shall not be approved unless the City Engineer determines that the application
complies with the requirements of this Ordinance:
1. Commercial Development Plan
2. Residential Development Plan
3. Industrial Development Plan
4. Grading Plan
5. Building Permit
6. Improvement Plan
7. Conditional Use Permit
8. Tentative Map Modifications
9. Map Modifications
B. Permit Suspensions or Revocations. The City Engineer may suspend or revoke any
permit issued by the City when it is determined that:
1. The permittee has violated any term, condition, or requirement of the permit, or
any applicable provision of this Ordinance;
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2. The circumstances have changed so that it is no longer appropriate to except the
Discharge.
3. The permittee fails to comply with any schedule for compliance issued pursuant
to this Ordinance; or
4. Any regulatory agency, including the EPA, the State Board or a Regional Water
Quality Control Board having jurisdiction over the discharge, notifies the City that
the discharge should be terminated.
C. Permit Modifications. The City Engineer may modify any permit when it is determined
that:
1. Federal or state law requirements have changed in a manner that necessitates a
change in the permit; or
2. The permittee's discharge or the circumstances under which the discharge
occurs have changed; or
3. A change to the permit is necessary to ensure compliance with the objectives of
this Ordinance, or to protect the quality of receiving waters.
D. Appeals. The determination that a permit shall be denied, suspended, revoked or
modified may be appealed pursuant to the procedures identified in Article VI., Legal
Authority and Enforcement, of this Ordinance. The permittee may request a temporary
variance to continue to discharge pending issuance of a final decision through the
appeal process.
E. Notification. The permittee shall be informed of any change in the permit terms and
conditions at least forty-five (45) business days prior to the effective date of the modified
permit.
8.28.410
Penalties.
Any violation of the terms, conditions and requirements relating to the control of discharges to
the storm drain system of any permit issued by the City shall constitute a violation of this
Ordinance and subject the violator to the administrative, civil and criminal remedies available
under this Ordinance.
8.28.420
Compliance with laws.
Compliance with the terms, conditions and requirements of a permit issued by the City shall not
relieve the permittee from compliance with all federal, state and local laws, regulations and
permit requirements, applicable to the activity for which the permit is issued.
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Article V .
Control of Urban Runoff
Sections:
8.28.500
New development projects and modifications to existing
development.
Expiration of plans.
Existing development.
8.28.510
8.28.520
8.28.500
New development projects and modifications to existing development.
A. General Reauirements. New development and modifications to existing development
shall be designed to control pollutants in stormwater and urban runoff so as to prevent
any deterioration of water quality that would impair subsequent or competing uses of the
receiving waters. The City Engineer shall approve the BMPs that may be implemented to
prevent such deterioration and shall approve the manner of implementation. New
development and modifications to existing development shall comply with the following:
B Construction Runoff Compliance. All individual grading and building projects with active
grading or building permits shall implement measures, including adherence to the
SWPPP, to ensure that all pollutants from the site will be either eliminated or reduced to
the maximum extent practicable, and will not cause or contribute to an exceedance of
water quality objectives as described in the San Diego Regional Water Quality Control
Board Basin Plan. All grading and building activities will be in compliance with the
Grading, Erosion and Sediment Control Ordinance; the Grading Manual; other
applicable ordinances; Federal, State, and local permits; and other applicable
requirements.
C. Water Qualitv Manaaement Plan rwQMPl Reauired. New development and
modifications to existing development projects shall comply with the following:
1. A Water Quality Management Plan (WQMP) shall be required for all new
development projects that meet the specified categories listed in the City of
Temecula MS4 Permit and modifications to existing development projects as
defined in the MS4 Permit.
2. Projects not requiring a WQMP will be required to implement minimum BMPs
designated by the City according to conditions and requirements established by
the City Engineer.
3. A WQMP shall be required if the City Engineer determines that the development
may result in the discharge of significant levels of a Pollutant into a tributary to
the Stormwater Drainage System.
4. If the City Engineer determines that the project will have a de minimis impact on
the quality of stormwater and urban runoff, then the City Engineer may issue a
written waiver of the requirement for preparation and acceptance of a WQMP.
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D. Contents of a WQMP.
1. The BMPs identified in the WQMP shall address site design, source controls and
treatment controls by:
a. Controlling the post-development urban runoff discharge velocities,
volumes, durations, and peak flow rates to maintain or reduce pre-
development urban discharge velocity, volume, durations, and peak flow
rates;
b. Conserving natural areas where feasible;
c. Identifying pollutants for which water bodies receiving the development's
runoff are listed as impaired under CWA section 303(d) and all identifying
pollutants associated with the land use of the development.
d. Correctly designing BMP's to effectively remove or treat the pollutants
associated with the project;
e. Minimizing directly connected impervious areas;
f. Protecting slopes and channels from downstream erosion;
g. Including storm drain st~nciling and signage;
h. Including properly designed outdoor material storage areas;
i. Including properly designed trash storage areas;
j. Including proof of a mechanism to ensure ongoing long-term BMP
maintenance, and following any transfers of ownership.
k. Increasing permeable areas;
I. Implementing BMPs close to pollutant sources and prior to discharging
into receiving waters;
m. Ensuring that post-development runoff does not contain pollutants which
cause or contribute to an exceedance of water quality objectives, as
outlined in the SDRWQCB Basin Plan, and have been reduced to the
MEP;
n. Not constructing BMP's in receiving waters; and
o. Not using a receiving water as a BMP.
2. During the planning application submittal process for any new development or
modifications to existing development, the permittee shall submit a WQMP. The
applicant shall obtain the City Engineer's acceptance of a WQMP prior to the
issuance of a permit land use approval or, at the City's discretion, prior to
recordation of a map. The Public Works Department shall review all WQMPs
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and impose terms, conditions and requirements on the project in accordance with
this Ordinance prior to the City's issuance of a permit, approval, or map.
3. New development and modifications to existing development shall implement
and adhere to the terms, conditions and requirements of the approved WQMP.
4. The City Engineer may require that the WQMP, or components within the
WQMP, be recorded with the County Recorder's office. The signature of the
property owner, or successor in interest, shall be sufficient for the recording of
the plan or any revised plan. A signature on behalf of the City shall not be
required for recordation.
E. The Drainaae Area Manaaement Plan (DAMP). All New Development and Modifications
to existing development projects shall also be undertaken and implemented in a manner
that is consistent with the DAMP, and shall also fulfill any conditions and requirements
established by the Planning Department and Public Works Department which are related
to the reduction or elimination of Pollutants in stormwater and urban runoff from the
project site.
F. Continuation of Terms. Conditions and Reauirements for New Development or
Modifications to Existina Development Proiects. All terms, conditions and
requirements which the Planning and Public Works Departments have initially imposed
pursuant to this Section for either a new development or modifications to existing
development project shall remain in effect upon the transfer of the property. Any owner
of the property, or their successors, or assigns, shall be in violation of this Ordinance if
they fail to implement and/or adhere to the terms, conditions and requirements imposed
pursuant to this Section on a New Development or Modifications to existing development
project.
8.28.510
Expiration of plans.
A. Approved plans for which no inspections have occurred shall expire 180 days following
the date of submittal and may be returned to the applicant or may be destroyed by the
City Engineer without additional notice to the applicant.
B. The City Engineer may extend the time for action by the applicant for a period not
exceeding 180 days upon written request by the applicant showing that circumstances
beyond the reasonable control of the applicant have prevented action from being taken.
C. In order to renew action after the plans have expired pursuant to the Ordinance, the
applicant shall resubmit the plans and pay the most current plan review fee.
8.28.520
Existing development.
A. General Reauirements. Existing development shall prevent pollutants from discharging
into stormdrain systems, and shall control stormwater runoff so as to prevent any
deterioration of water quality that would impair subsequent or competing uses of the
water. The City Engineer shall identify the BMPs that shall be implemented to prevent
such deterioration and shall identify the manner of implementation.
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B. Industrial and Commercial Business Facilities. Each person in charge of day to day
operations of an industrial or commercial business facility in the City shall implement
those minimum BMPs as may be designated by the City Engineer. For those facilities
that are tributary to impaired water bodies and/or are directly adjacent to or discharging
directly to receiving waters, BMPs shall include additional controls as the City Engineer
may require.
C. Common Interest Areas. Homeowners' Associations. and Propertv Manaaement
Oraanizations. Each person who owns, operates, or is in charge of day to day activities
of common interest areas on Private Property in the city shall ensure that runoff from
within common interest areas, including private roads, drainage facilities, and other
components of the storm water conveyance system, meets the objectives of the City's
permit and this Ordinance..
D. Litter control.
1. No person shall dump, dispose, or stockpile any waste material, including but not
limited to common household rubbish or garbage of any kind (whether generated
or accumulated at a residence, business or other location), upon any public or
private property, whether occupied, open or vacant, including but not limited to,
any street, sidewalk, alley, right-of-way, open area or point of entry to the storm
drain system, except in trash containers, or at a lawfully established waste
disposal facility.
2. Any person who owns or occupies a property on which a prohibited disposal of
waste materials occurs shall ensure that all such waste materials are properly
collected and disposed of within a reasonable period of time.
3. Any person who either owns or occupies property and who fails to comply with
the requirements of this Ordinance may be charged with creating a nuisance
upon the property.
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Article VI .
Regulatory Inspections
Sections:
8.28.600
8.28.610
8.28.620
8.28.630
8.28.640
Right to inspect.
Records review.
Authority to sample and test.
Monitoring.
Test results.
8.28.600
Right to inspect.
A. Normal Conditions. For routine inspections, the City Engineer may inspect construction
sites, industrial and commercial business facilities, and associated activities subject to
this Ordinance at reasonable times and in a reasonable manner to carry out the
purposes of this Ordinance. If entry for a regulatory inspection is refused by a
construction site representative, or by a facility owner, occupant, or operator, an
inspection warrant shall be obtained prior to inspection.
1. When any new structural BMP is installed on private property as part of a project
that requires a City permit or business license, in order to comply with this
Ordinance, the property owner, occupant or operator shall provide the City
access for inspection of BMPs to ensure that the BMP is working properly. This
includes the right to enter the property without prior notice, as needed, when the
City has a reasonable basis to believe that the BMP is not working properly, or to
enter for any follow-up inspections, or to enter when necessary for abatement of
a nuisance or correction of a violation of this Ordinance.
2. Inspections may include all actions necessary to:
a. Determine whether any illegal discharges or illegal connections exist;
b. Determine whether the BMPs installed and implemented are adequate to
comply with this Ordinance;
c. Determine whether the BMPs are being properly maintained;
d. Determine whether the facility or activity complies with the other
requirements of this Ordinance;
e. Identify products produced, processes conducted, chemicals used and
materials stored on or contained within the property that could constitute
a threat to water quality if a discharge occurs;
f. Identify point(s) of discharge of all wastewater and processed water;
h. Establish the location of all points of discharge from the property, whether
by surface runoff or through a storm drain system;
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i. Locate any Illicit Connection or the source of any Prohibited Discharge;
j. Evaluate compliance with any permit issued by the City relating to a
discharge to the Storm Drain System; or
k. Investigate any complaints forwarded to the City by third parties related to
discharge. This may include, but may not be limited to sampling,
metering, visual inspections, and records review.
B Emeraencv Conditions. If the City Engineer has reasonable cause to believe that non-
stormwater runoff is actively discharging from the property onto any public street, inlet,
gutter, or any other storm drain system, the City Engineer shall have the right to
immediately enter and inspect said property regardless of whether said property is
occupied or unoccupied, and regardless of whether formal permission to inspect said
property has been obtained.
8.28.610
Records review.
The City Engineer may inspect the property owner's, occupant's, or operator's records relating
to chemicals or processes presently or previously occurring on-site, including but not limited to,
material and/or chemical inventories, facility maps or schematics and diagrams, Material Safety
Data Sheets, hazardous waste manifests, business plans, pollution prevention plans, State
General Permits, Stormwater Pollution Prevention Plans, Monitoring Program Plans, any
records relating to Illicit Connections, Prohibited Discharges, or any other source of contribution
or potential contribution of Pollutants to the Storm Drain System. Records, reports, analyses, or
other information required under this Ordinance may be inspected and copied, and photographs
taken to document a condition and/or a violation of this Ordinance.
8.28.620
Authority to sample and test.
The City Engineer may inspect, sample and test any area runoff, soils area (including
groundwater testing), process discharge, materials within any waste storage area (including any
container contents), and/or discharge from any treatment system for the purpose of determining
the potential for contribution of pollutants to the storm drain system. The City Engineer may
investigate the integrity of all storm drain and sanitary sewer systems, or other pipelines on the
property using appropriate tests, including but not limited to smoke and dye tests or video
surveys. The City Engineer shall be authorized to document conditions on the property by any
reasonable means. It shall be a violation of this Ordinance for anyone other than the City
Engineer to tamper, dismantle or otherwise intentionally disable, modify or in any way damage
such monitoring devices.
8.28.630
Monitoring.
The City Engineer may erect and maintain monitoring devices for the purpose of measuring any
discharge or potential source of discharge to the Storm Drain System.
8.28.640
Test results.
Upon submission of a written request by the owner or occupant of the property subject to
inspection, the City Engineer shall provide copies of all monitoring and test results conducted to
the owner or occupant.
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Article VII .
Plan Review and Inspection Fees
Sections:
8.28.710
8.28.720
WQMP review fees - new development projects and modification to
existing development.
Inspection fees.
Refunds.
8.28.700
8.28.700
WQMP review fees - new development projects and modifications to
existing development.
When WQMPs are required pursuant to the provisions of this Ordinance, the City Engineer shall
collect the required plan review fee and/or deposit as required by this Ordinance and by City
Council resolution establishing applicable fees and deposits.
8.28.710
Inspection fees.
A. Construction Proiects. When follow-up site inspections are required in accordance with
new development projects and modifications to existing development pursuant to the
provisions of this Ordinance, the City Engineer shall collect the inspection fee as
required by this Ordinance and by City Council resolution establishing applicable fees
and deposits.
B. Existina Commercial and Industrial Businesses. In addition to the City's annual business
licensing requirements pursuant to Chapter 5.04, Business Licenses and Regulations, of
the City's Municipal Code, existing commercial and industrial businesses, listed in the
City's NPDES Permit, shall pay an annual inspection fee to ensure compliance with the
City's NPDES Permit, as required by this Ordinance and by City Council resolution
establishing applicable fees and deposits.
8.28.720 Refunds.
After submittal and commencement of processing by the City, no fee(s) collected pursuant to
this division, shall be refunded in whole or in part, except as provided as follows:
A. Inspection fees may be refunded, less any City expenses incurred, including an
overhead charge of twenty percent (20%), at any time prior to the start of the work upon
the applicant's written request, provided any City permit has expired or has been
withdrawn.
B. No refund shall be made if the applicant or permittee has any outstanding debts owed to
the City, or if corrective work remains to be done.
C. No refund shall be made pursuant to this section if a request for refund is submitted to
the City more than one (1) year from the date of payment of the fee as to which a refund
is claimed.
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Article VIII.
Definitions of Terms
Sections:
8.28.800
Definitions.
Whenever in this Ordinance and the Manual, or in any resolution or standard adopted by the
City Council pursuant to this Ordinance, the following terms are used, they sh~1I have the
meaning ascribed to them in this section, unless it is apparent that some other meaning is
intended:
"Authorized Insoector" means the City Engineer and all persons designated by him/her and
under his/her instruction and supervision, who are assigned to investigate compliance with,
detect violations of, and/or take actions pursuant to this Ordinance.
"Best Manaaement Practices" or "BMPs" means, as defined in 40 CFR 122.2, schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices
to prevent or reduce the pollution of waters of the U.S. BMPs also include treatment
requirements, operating procedures and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
"Citv Enaineer" means the Director of Public Works/City Engineer of the City of Temecula, or
his or her designee.
"Comoliance Schedule" means the time period allowed by the City for a discharger to achieve
compliance with the requirements of this Ordinance. The Compliance Schedule shall contain
specific dates by which adequate treatment facilities, devices, or any other related equipment
and/or procedures shall be installed or implemented.
"Construction Activitv" means any activity used in the process of developing, redeveloping,
enhancing, or maintaining land, including, but not limited to, land disturbance, building
construction, paving and surfacing, storage or disposal of construction related materials.
"Construction Site" means any project requiring a local grading or building permit, including
projects requiring coverage under the General Construction Permit that involves soil disturbing
activities. Soil disturbing activities include clearing, grading, excavation and any other
disturbances to ground. This definition includes stockpiling.
"Contamination" means, as defined in the Porter-Cologn Water Quality Control Act,
contamination is "an impairment of the quality of waters of the State by waste to a degree which
creates a hazard to the public health through poisoning or through the spread of disease.
'Contamination' includes any equivalent effect resulting from the disposal of waste whether or
waters of the State are affected."
"Co-Permittee" means the County of Riverside, the Riverside County Flood Control and Water
Conservation District and the City of Murrieta which are responsible for compliance with the
terms of the Permit.
"CWA" means the Clean Water Act.
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"DAMP" means the Riverside County Drainage Area Management Plan, as the same may be
amended from time to time.
"Discharae" means any release, spill, leak, flow, escape, leaching (including subsurface
migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid
substance.
"Discharae ExceDtion" means those activities not restricted or prohibited by this Ordinance or
exempted under Section A of the Permit or a subsequent Permit.
"Discharaer" means any person, any property owner, or any occupant of any unit, building,
premises or lot within the City, who either discharges or causes to be discharged any of the
substances listed under "Discharge," above, either directly or indirectly, into the City's Storm
Drain System.
In any action taken to enforce this Ordinance, the burden shall be on the person who is the
subject of such action to establish that a Discharge was within the scope of this discharge
Exception.
"Enforcina Attorney" means the City Attorney, or the District Attorney acting as counsel to the
City of Temecula, and his/her designee, which counsel is authorized to take enforcement action
as described herein. For purposes of criminal prosecution, only the District Attorney and/or City
Attorney, or his/her designee, shall act as the Enforcing Attorney.
"ESA" means Environmentally Sensitive Areas "in which plant or animal life or their habitats are
either rare or especially valuable because of their special nature or role in an ecosystem and
which would easily be disturbed or degraded by human activities and developments" (California
Public Resources Code section 30107.5). ESAs subject to urban runoff requirements included
but are not limited to all CWA section 303 (d) impaired water bodies, areas designated as Areas
of Special Biological Significance by the SWRCB (Basin Plan); water bodies designated with the
RARE beneficial use by the SWRCB (Basin Plan); areas within the Western Riverside County
Multi-Species Habitat Conservation Plan (MSHCP) plan areas that contain rare or especially
valuable plant or animal life or their habitat; and any other equivalent environmentally sensitive
areas which the Permittees have identified..
"Hearina Officer" means the City Engineer or his/her designee, who shall preside at any
administrative hearings authorized by this Ordinance, and who is authorized to issue final
decisions on the matters raised therein.
"Illicit Connection" means any connection to the MS4 that conveys an illicit discharge.
"Illicit Discharae" means any discharge to the MS4 that is not composed entirely of storm
water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting
activities [40 CFR 122.26(b)(2)].
"Invoice for Costs" means the actual costs and expenses of the City, including but not limited
to administrative overhead, salaries and other expenses recoverable under California law,
incurred during any Inspection conducted pursuant to Article IV of this Ordinance or where a
Notice of Noncompliance, Administrative Compliance Order or other enforcement option under
Article V of this Ordinance is utilized to ensure compliance with this Ordinance.
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"Maximum Extent Practicable" ("MEP") means the technology-based standard established by
Congress in CWA section 402(p)(3)(B)(iii) that operators of MS4s must meet. Technology-
based standards establish the level of pollutant reductions that dischargers must achieve,
typically by treatment or by a combination of source control and treatment control BMP's. MEP
generally emphasizes pollution prevention and source control BMP's primarily (as the first line of
defense). The definition of MEP is dynamic and will be defined by the following process over
time; municipalities propose their definition of MEP by way of the SWMP. Their total collective
and individual activities conducted pursuant to the SWMP becomes their proposal for MEP as it
applies both to their overall effort, as well as to specific activities (e.g., MEP for street sweeping,
or MEP for MS4 maintenance).
"Modifications to existinQ development" means the creation or addition of impervious
surfaces or the making of improvements to an existing structure on an already developed site;
replacement of impervious surfaces that are not part of a routine maintenance activity; and land
disturbing activities related to structural or impervious surfaces. This definition is consistent with
the term "Redevelopment" as referenced in the MS4 permit.
"New Development" means all public and private residential (whether single family, multi-unit or
planned unit development), industrial, commercial, retail, and other non-residential construction
projects, or grading for future construction, for which a land use approval, grading permit,
building permit or "non-residential plumbing permit" is required.
"Non-residential Plumbina Permit" means a plumbing permit authorizing the construction
and/or installation of facilities for the conveyance of liquids, other than stormwater, potable
water, reclaimed water or domestic sewage.
"NPDES or "National Pollution Discharae Elimination Svstem" means the national program
for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under Sections 307,318,402, and 405
of the CW A.
"Owner or Operator" means the owner or operator of any facility or activity subject to
regulation under the NPDES program..
"Permit" means the current permit issued by the Regional Board, under the authority of the
Federal Clean Water Act, or any succeeding permit, and any other currently applicable
municipal discharge permit[s], which establishes waste discharge requirements applicable to
stormwater and urban runoff within the City.
"Permittee" means any person, property owner, contractor, or authorized agent to whom a
permit is issued pursuant to this Ordinance.
"Person" means an individual, association, partnership, corporation, municipality, State or
Federal agency, or any agent or employee thereof [40 CFR 122.2].
"Pollutant" means any agent that may cause or contribute to the degradation of water quality
such that a condition of pollution or contamination is created or aggravated.
"Prohibited DischarQe" means any Discharge which contains any Pollutant, from public or
private property to (i) the Storm Drain System; (ii) any upstream flow, which is tributary to the
Storm Drain System; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo,
22
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wetlands area, or marsh; or (iv) which is otherwise prohibited by the Permit. The term
"Prohibited Discharge" shall not include discharges allowable under the Discharge Exception.
"Receivina Waters" means the waters of the United States. This applies to natural drainage
channels, active or not, including all tributaries leading to streams, creeks, rivers, and other
waterbodies.
"Reaional Board" or SDRWQCB refers to the San Diego Regional Water Quality Control Board
which has jurisdiction over the City.
"Modifications to existina develooment" means the rehabilitation or reconstruction of public
or private residential (whether single family, multi-unit or planned unit development), industrial,
commercial, retail, or other non-residential structures, for which either a land use approval,
grading permit, building permit or Non-residential Plumbing Permit is required.
"Site" means the real property on which activities subject to this Ordinance may occur.
"State Board" or "SWRCB" means the State Water Resources Control Board.
"State General Permit" means either the State General Industrial Stormwater Permit or the
State General Construction Permit, as the same may be amended from time to time, and the
terms and requirements of either or both permits. In the event the EPA revokes the in-lieu
permitting authority of the State Board, then the term State General Permit shall also refer to
any EPA-administered stormwater control program for industrial activities, construction
activities, or any other type of activity that is subsequently regulated through a state general
Permit.
"Storm Drain Svstem" means street gutter, channel, storm drain, constructed drain, lined
diversion structure, wash area, inlet, outlet, stream, creek, river, or other facility within the City
limits, which is a part of or tributary to the County-wide stormwater runoff system and owned,
operated, maintained or controlled by the City, the County of Riverside, the Riverside County
Water Conservation and Flood Control District or any Co-Permittee, and used for the purpose of
collecting, storing, transporting, or disposing of stormwater.
"Stormwater Manual" means the City of Temecula Administrative and Technical Procedures
Manual for Stormwater and Urban Runoff Management and Discharge Control.
"Stormwater Runoff" means that part of precipitation (rainfall) which travels via flow across a
surface to the MS4 or receiving waters from impervious, semi-perivious or pervious surfaces.
"Urban Runoff" means surface water flow produced by non-stormwater resulting from
residential, commercial and industrial activities involving the use of potable and non-potable
water.
"WQMP" means a Water Quality Management Plan.
23
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Section 21: The City Council authorizes and directs the Director of Public Works/City
Engineer to prepare and utilize a manual of standards setting forth the administrative
procedures and technical requirements necessary to implement the provisions of this
Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula
Administrative and Technical Procedures Manual for Stormwater and Urban Runoff
Management and Discharge Control" in substantially the form set forth in Exhibit A.
Section 22: If any provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or application,
and to this end, the provisions of this Ordinance are declared to be severable.
Section 23: Environmental Determination. The construction and
industrial/commercial activities regulated by this Ordinance represent an implementation
component of the adopted General Plan to mitigate potential and theoretical impacts to water
quality. The general impacts of the General Plan were evaluated in the Final Environmental
Impact Report that was prepared for the updated General Plan. The Final EIR for the General
Plan was certified by the City Council on April 12, 2005. The adoption of the proposed
Ordinance will allow the City to establish procedures and requirements that will regulate
pollutants in stormwater and urban runoff within the City. The proposed Ordinance is expected
to result in benefits to the waters of the United States and the protection of the environment. No
new development will occur because of the adoption of this Ordinance. Therefore, this project
is categorically exempt from CEQA pursuant to the provision of Sections 15308 and
15601 (b)(3), and therefore, no further environmental review is required. The City further
acknowledges that the action is the replacement of the existing regulatory ordinance with an
ordinance of similar character reflecting the current state of the applicable law. In light of this
deminimus substitution the general rule of CEQA as set forth in State CEQA Guidelines Section
15601(b)(3) is also deemed applicable to this action as it can be seen with certainty that the
adoption of this superceding ordinance will not cause new or additional adverse effects upon the
environment.
Section 24: Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 25: This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall, or a summary hereof, be published in a newspaper
published and circulated in said City.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 28th
day of June, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
24
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[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05- was duly introduced and placed upon its first reading at a
meeting of the City Council on the 28th day of June 2005, and that thereafter, said Ordinance
was duly adopted and passed at a meeting of the City Council on the 12th day of July 2005, by
the following vote:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
25
lI086-0623\825507vl.doc
"EXHIBIT A"
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ADMINISTRA TIVE AND TECHNICAL
PROCEDURES FOR STORMWATER AND URBAN
RUNOFF MANAGEMENT AND DISCHARGE CONTROL
"STORMWATER AND
URBAN RUNOFF MANUAL"
Approved
City of Temecula
STORMWATER AND URBAN RUNOFF MANUAL
Section
Section A
1.0
2.0
3.0
Section B
1.0
2.0
3.0
4.0
Section C
1.0
2.0
3.0
4.0
5.0
Table C-1
Table C-2
6.0
7.0
Section D
1.0
2.0
3.0
4.0
5.0
Table of Contents (by Section)
Section Title
Paae
Introduction...................................................................................................... .3
Stormwater Manual............................................................ ... .......... ...................3
Purpose.. ... ... ..... ............. ... .............. ........ ... ...... ... ...... ... ....... ... .... ... .......................3
Adoption and Revision ......................................................................................3
Prohibited and Exempted Discharges.................................................4
Introduction......................................................................................................... .4
Prohibited Discharges.......................................................................................4
Exempt Discharges .... ............. ......... ............................. ... .......... ... ...... ........ .......4
General Requirements ... ........ ................. ........................... ... ............... ... ..........4
Requirements for New Development Projects and
Modifications to Existing Developments...................................................6
Introduction......................................................................................................... .8
General Requirements ........... ......... ... ........ ... ............ ... ....... ... ... ............... .........9
Per:formance Standards. ........ ................. ...... ...... ............ ......................... .......1 0
Design and BMP Requirements.....................................................................12
Step-by-Step Planning for BMPs ...................................................................20
Expected and Potential Pollutants Generated by Land Use Type ...........20
Enhanced Treatment Control BMP Selection Matrix..................................24
Priority Development Projects ............ .............. ...... ............. .................. ........ .33
BMP Maintenance and Maintenance Assurance ........................................35
Permit Requirements for Commercial Activities and Facilities.........37
General Considerations .............................. ...... ........ .... ... ...... .................. ..... ..38
General Standards Applicable to All Priority Commercial
Facilities and Activities ....................................................................................40
Facility-Specific Standards Applicable to Priority Commercial
Facilities and Activities.....................................................................................4 7
Facility Inspections...... ................. ........... ... ............... ............. ... ...... ............ .....57
BMP Alternatives .......................... ........ ... .................. ... ... ... ....... ... ... ...... ... ... .....58
- 1 -
Section E Permit Requirement for Industrial Activities and Facilities................59
1.0 General Considerations ..................................................................................60
2.0 General Standards Applicable to All Priority Industrial
Facilities and Activities ....................................................................................62
3.0 Facility Inspections. ........... ............ ...... ... ...... ...... ... .......... ....... ... .... ... ... ......... ... .66
4.0 Alternatives to Required BMPs ......................................................................67
Section F Resources and References .........................................................................68
-2-
SECTION A.
INTRODUCTION
1.0-STORMWA TER MANUAL
The Administrative and Technical Procedures Manual for Stormwater and Urban Runoff
Management and Discharge Control ("Manual") is to be used in conjunction with the City
of Temecula Stormwater and Urban Runoff Management and Discharge Controls
Ordinance ("Ordinance"). This Manual is not a stand-alone document, but must be read
in conjunction with the provisions of the Ordinance. In general, this Manual sets out in
more detail, what Dischargers are required to do in order to comply with the Ordinance.
2.0-PURPOSE
The purpose of this Manual is to establish clear minimum stormwater and urban runoff
best management practices, requirements, and controls to assist users of the Ordinance
by supplementing it with detailed information regarding rules, procedures, interpretation,
standard specifications, requirements, forms and other information. Should any portion
of the Manual be found in conflict with the provisions of the Ordinance, the more
restrictive provision(s) shall apply.
3.0-ADOPTION AND REVISION
The City Engineer shall have the authority to change, update or revise the Manual as
necessary in order to implement the provisions of this Ordinance and all revisions
thereto arising from time to time. In the event of any conflict between the Manual and
this Ordinance, the more restrictive provisions shall govern. The provisions of the
Manual, to the extent they are made conditions of a permit issued by the City, shall be
binding. All revisions to the Manual shall be reviewed and approved by the City Council
and take effect immediately upon approval.
- 3 -
SECTION B.
PROHIBITED AND EXEMPTED DISCHARGES
1.0-INTRODUCTION
The Ordinance addresses and defines two types of discharges; stormwater, and non-
stormwater. "Stormwater" is defined as "surface runoff and drainage associated with
storm events." "Non-stormwater" is defined as "surface runoff and drainage consisting of
all discharges (e.g., irrigation flows, wash water, etc.) that are not associated with storm
events.
2.0 PROHIBITED DISCHARGES
The Ordinance prohibits all non-stormwater discharges that are not specifically
exempted, and any discharge of pollutants in stormwater, unless the applicable
requirements of the Ordinance have been met. Illegal connections are also prohibited,
and in some circumstances littering, dumping, and stockpiles are identified as illegal
discharges. See Ordinance sections 8.28.200 and 8.28.420.
The applicable requirements for the Ordinance vary by category of discharger. The
Ordinance includes water-quality related prohibitions for discharges from new
development projects, modifications to existing development, and existing development.
The Ordinance prohibits discharges these activities where pollutants in those discharges
have not been prevented or reduced to the maximum extent practicable. For all other
categories of stormwater dischargers, such as active construction sites, the objective of
protecting receiving waters is pursued through the specification of required BMPs and
the preservation of authority to issue site-specific requirements where needed.
3.0 EXEMPT DISCHARGES
Ordinance section 8.28.210 provides exceptions to the prohibition in section 8.28.200 to
the maximum extent permitted by State law.
The City will periodically review if any of these discharge types has been determined to
be a significant source of pollutants to waters of the United States. Based on this
determination, the City will establish the types of discharges that will continue to be
conditionally allowed, or which will be disallowed, into the Stormwater Conveyance
System. At that time, the City may impose additional BMP requirements specific to those
discharges that continue to be allowed.
4.0 GENERAL REQUIREMENTS
4.1 POLLUTION PREVENTION
Dischargers shall implement pollution prevention practices according to the minimum
BMPs designated by the City and those that are generally recognized in that
Discharger's industry or business as being effective.
4.2 ERODED SOILS
Prior to the rainy season, Dischargers must remove or contain any significant
accumulations of eroded soils from slopes previously disturbed by clearing or grading, if
those eroded soils could otherwise enter the Stormwater Conveyance System or
-4-
Receiving Waters during the rainy season. Completed slopes that are more than three
feet in vertical height, and steeper than 4:1 (run-to-rise) that have been disturbed at any
time by clearing, grading, or landscaping, shall be protected from erosion and sediment
runoff as of October 1st of each year, and continuously thereafter until the development
is completed. .
4.3 ILLICIT CONNECTIONS AND ILLEGAL DISCHARGES
Illicit connections must be eliminated (even if the connection was established pursuant to
a valid permit and was legal at the time it was constructed), and illegal discharge
practices eliminated.
4.4 STORAGE OF MATERIALS AND WASTES
All materials and wastes with the potential to pollute urban runoff shall be stored in a
manner that either prevents contact with rainfall and stormwater, or contains
contaminated runoff for treatment and disposal.
4.5 USE OF MATERIALS
All materials with the potential to pollute urban runoff (including but not limited to
cleaning and maintenance products, fertilizers, pesticides and herbicides, etc.) shall be
used in accordance with label directions. No such materials may be disposed of or
rinsed into Receiving Waters or the Stormwater Conveyance System.
-5-
SECTION C.
REQUIREMENTS FOR NEW DEVELOPMENT PROJECTS
AND
MODIFICATIONS TO EXISTING DEVELOPMENTS
Section
1.0
2.0
2.1
2.2
2.3
3.0
3.1
3.2
3.3
4.0
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
5.0
5.1
Table C-1
5.2
Table C-2
5.3
5.4
5.5
5.6
Table of Contents
Section Title
Paae
Introduction ... ... ........ ... ..... ......... ........ ... .............. .......... ... ....... .......... ... ... ........ ...8
General Requirements .................... ... ........ ...... ................ ....... ... ...... ...... ... ......9
WQMP Submission Requirements..... ....................... ............. ....... ........... .......9
Requirements in Permits ..... ... ...................... ... ... ... ... ... ... .......... ... ... ... ... ........ ... ..9
Stormwater and Non-Stormwater Discharges ...............................................9
Performance Standards .......... ................... ......... ................... ......................1 0
Flow Control and Erosion Prevention ...........................................................10
Surface Water Quality Protection .................................................................10
Groundwater Quality Protection.....................................................................11
Design and BMP Requirements .................................................................12
General Project Design ...... ...... .............................................. ....................... ..12
BMP Selection Criteria ....................................................................................12
Performance Requirement for BMPs ............................................................15
Natural BMPs. ........... .............................. ........ ... ... ... ...... ... ...... .......... ........... .....15
Source Controls............. .............. ........................................ ... ...... ............ ..... ...16
Impervious Surface Areas ..............................................................................17
Buffer Zones..................................................................................................... .18
Storm Drain Tiles and Signage ......................................................................18
Infiltration BMPs ................. ......... ..... ........ ........... ................... ..................... .....18
Additional BMPs Where Necessary ....:.........................................................19
Step-by-Step Planning for BMPs ...............................................................20
Identify Pollutants and Conditions of Concern.............................................20
Expected and Potential Pollutants by Land Use Type ..............................20
Establish BMPs ........... ...................... ........ ... ............ ...... ............. ... ... ...... .........23
Treatment Control BMP Selection Matrix .....................................................24
Site Design BMPs ............................................................................................24
Source Control BMPs.... .............. ........... ........ ............ ............. ..................... ...26
Treatment Control BMPs ................................................................................29
Examples ...... ... ................ ......................... .............. .... ...... ... ....... ... ... ...... .......... 31
-6-
6.0 Priority Development Projects ...................................................................33
6.1 Applicablity ........ .................................. ... ... ... ...... ... ... ....... ....... ....... ... .................33
6.2 Priority Development Projects........................................................................33
6.3 Design and BMP Requirements.....................................................................34
7.0 BMP Maintenance and Maintenance Assurance ...................................35
7.1 Proof of Mechanism to Ensure Maintenance of Post
Construction BMPs ........ ... ............... ........ ...... ................ ........... .......... ... ... .......35
-7-
1.0-INTRODUCTION
This Section sets out project design BMP requirements for new development and
modifications to existing development that require a City permit. This section presents
the City of Temecula's Water Quality Management Plan (WQMP) requirements, as
required by the MS4 Permit.
Implementation of this Section is the responsibility of the Public Works Department. The
Planning Department is responsible for accepting all Permit Applications from the
development community and distributing them to the respective City Departments for
processing. The Planning and Public Works Departments are responsible for
developing the conditions of approval and reviewing and approving permits and City
projects in conformance with this manual.
- 8-
2.0- GENERAL REQUIREMENTS
2.1 WQMP SUBMISSION REQUIREMENTS
2.1.1: All projects subject to this Section must provide sufficient information and
analysis in a WQMP to allow the City to determine whether the requirements of this
Manual and the Ordinance will be met (1) during the design of land development
projects; (2) during CEQA review of land development projects before providing City
approval; (3) prior to approval of subsequent modifications to a land development
project; and (4) prior to approval of any projects.
2.1.2: WQMPs shall include details and drawings of the BMPs proposed to be
implemented. WQMP Guidelines, a project-specific WQMP template, and checklist are
available on the City's website at
www.cityoftemecula.org/cityhall/public_works/landdev/npdes.htm.
2.1.3: Permit applicant shall certify that the BMPs proposed to support the permit
application will be installed, monitored, maintained or revised as appropriate to ensure
continued effectiveness.
2.2 REQUIREMENTS IN PERMITS
2.2.1: Land development activities that require a City permit are subject to the
applicable requirements in the Ordinance and this Manual, and to any additional
requirements imposed in City permits. Those additional requirements may implement the
Ordinance or other City ordinances, or may be imposed to reduce or mitigate the
environmental impacts of the permitted activity.
2.2.2: Permits may modify the minimum BMPs by specifying other BMPs as
alternatives. Any such alternative BMP must be at least as effective as the BMP the
alternative replaces.
2.2.3: Prior to commencing industrial operations, any new industrial facility subject to
the State General Industrial Stormwater Permit must provide evidence to the City that
the Notice of Intent required to be filed under that general permit has been filed.
2.3 STORMWATER AND NON.STORMWATER DISCHARGES
Dischargers shall identify and implement BMPs to address all potential pollutants in
stormwater and non-stormwater discharges from the permitted activity.
- 9-
3.0-PERFORMANCE STANDARDS
3.1 FLOW CONTROL AND EROSION PREVENTION
3.1.1: Post-construction peak runoff flow rates and velocities from the project site shall
be maintained at levels that will not cause any increase in downstream erosion.
3.1.2: Measures to control flow rates and velocities shall not disrupt flows and flow
patterns that are necessary to support downstream wetlands or riparian habitats.
Diversion of runoff to regional facilities shall not be allowed to deprive immediate
downstream habitats of the minimum flows and lor over-bank flow events they need.
3.1.3: If peak stormwater runoff discharge rates or velocities would be increased by the
project, the project proponent shall submit an evaluation by a qualified engineer to
determine impacts to the downstream channel extending to a major receiving water.
Such evaluations shall address the erosive effects of post-construction discharges, in
combination with other development-related discharges in the area, on the types of soil
and vegetation downstream; any other applicable considerations; and mitigation
measures.
3.1.4: Where effective, acceptable measures to prevent erosion include but are not
limited to minimizing the amount of new impervious surface created, retaining or
constructing vegetated swales and buffers, and the use of velocity reducers, drop
structures, and energy dissipation can help to achieve these standards. Where these
measures are not sufficient to achieve these standards, runoff must be captured and
released in a more controlled manner. "Hardening" natural downstream areas to prevent
erosion is not an acceptable technique for meeting these performance standards, unless
pre-development conditions are determined to be so erosive that hardening would be
required even in the absence of the proposed development.
3.2. SURFACE WATER QUALITY PROTECTION
3.2.1: Pollutants in non-stormwater and stormwater discharged from each project shall
not cause or contribute to an exceedance of receiving water quality objectives.
Whether a project meets this standard will depend on the waters affected by the project,
on the water quality objectives established for those waters at the time the project is
proposed, and on the amount and type of pollutants discharged by the project. The
question is whether increased pollution from the project (together with pollution from
other sources) would be likely to result in water quality violations that would not
otherwise occur.
3.2.2: Pollutants in non-stormwater and stormwater discharged from each project shall
not degrade receiving water quality.
3.2.3: Pollutants in non-stormwater and stormwater discharged from each project must
be reduced to the MEP.
3.2.4: Pollutants in non-stormwater and stormwater discharged from each project shall
not cause or contribute to a condition of "pollution", "contamination" or "nuisance" as
those terms are defined in the State Water Code, section 13050 subsections (k), (I) and
(n). ("Pollution" is an unreasonable interference with a beneficial use assigned to a
specific water body in the RWQCB Basin Plan. "Contamination" involves a threat to
public health. A "nuisance" is a condition that affects a considerable number of persons,
and "is injurious to health, or is indecent or offensive to the senses, or an obstruction to
-10-
the free use of property, so as to interfere with the comfortable enjoyment of life or
property .")
To support City determinations and findings related to these standards, applicants must,
when requested by the City, submit a report that identifies affected receiving waters,
identifies applicable water quality objectives and pollutants of concern, and estimates
post-construction discharges rates (with all BMPs in place), and explains why those
projected pOllutant loads would not cause a violation of these standards.
3.3 GROUNDWATER QUALITY PROTECTION
3.3.1: Infiltration BMPs shall not cause or contribute to an exceedance of applicable
groundwater quality objectives as set out in the RWQCB "Basin Plan" for the San Diego
Region. (This requirement does not apply to BMPs such as grassy swales, detention
basins, vegetated buffer strips and constructed wetlands which allow incidental
infiltration, but which are not designed primarily to function as infiltration devices.)
,
3.3.2: Land development projects shall not degrade ground water quality.
-11-
4.0-DESIGN AND BMP REQUIREMENTS
Project proponents must select, install, and maintain BMPs to address each of the
project elements below. Project proponents must submit sufficient information to the City
to allow the City to determine whether proposed BMPs will reduce pollutants in
stormwater to the MEP. Staff may request information on alternative BMPs from the
project applicant to assist in making this determination.
BMPs must be installed in accordance with industry recommended standards (Caltrans
or California Stormwater BMP handbooks, etc.). The following documents contain
example standard drawings and design specifications for available BMPs that can be
used in addition to the specifications provided by the City:
>> Riverside County Stormwater Best Management Practices Handbook
>> County of Los Angeles, Manual for the Standard Urban Storm water Mitigation
Plan, Appendix B
>> County of San Diego Stormwater Standards Manual, Appendix A
>> EPA - Post-Construction Stormwater Management in New Development and
Redevelopment
4.1 GENERAL PROJECT DESIGN
4.1.1: Choosina Effective BMPs. The following criteria shall be used to determine if a
BMP is effective:
>> BMPs must prevent the discharge of pollutants identified at a site. If the BMP
cannot prevent the discharge of pollutants. then the BMPs selected and installed
pursuant to this section must reduce pollution in runoff to the MEP standard.
4.2 BMP SELECTION CRITERIA
The criteria that follow shall be used in assessing the appropriateness of BMPs for a
particular project. Selection of BMPs for a project is a function of assessing project type,
size, post construction activities and other factors. Project proponents shall identify all
impacts relating to pollutants of concern and provide satisfactory evidence using these
criteria that the specific BMPs proposed will mitigate such impacts to the maximum
extent practicable.
4.2.1: Site Factors. The following site factors must be considered in selecting BMPs:
a) Steep slopes restrict the use of some BMPs. For example, porous pavement is
typically not useable on slopes of more than 5 %, and bio-Swales should only
be used if their slope allows this BMP to be effective and non-erosive
b) A high water table acts as a barrier to infiltration and can sharply reduce the
ability of an infiltration BMP to drain properly. If the height of the seasonally
high water table extends to within 4 feet of the bottom of an infiltration BMP, the
site is not considered suitable (even with runoff filtration or pretreatment).
c) Soil type and permeability limit use of infiltration BMPs. These BMPs shall not
be used when infiltration rates are less than 0.27 inch per hour, as defined by
the least permeable layer in the shallow soil profile. This excludes most "C" and
"D" soils (Standard Soil Classification System), which cannot exfiltrate enough
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runoff through the subsoil. Extremely permeable sandy soils may not maintain
adequate water levels in wet ponds.
d) Infiltration BMPs divert runoff back into the soil and may cause local seepage
or contamination. These BMPs shall not be located within 100 feet of a drinking
water well.
e) BMPs must be designed to address rainfall volume and intensity during both
wet weather and dry weather seasons. Wet ponds require some continuous
flow (dry weather water source) to keep them from stagnating or developing
odor and vector problems.
f) BMPs must be compatible with the site. For example, some sites are too
intensively developed or limited in area to allow use of BMPs such as ponds or
vegetated run-off areas, which require a large surface area and buffer area.
g) Infiltration BMPs must be designed to completely drain within 72 hours after a
storm. If the infiltration rates of the underlying soils are slow, depth and
footprint of the infiltration BMP must be adjusted to achieve this standard.
h) Land uses may dictate that only certain BMPs can be applied, and most BMPs
are not broadly applicable for all development sites. For example, porous
pavement may not provide adequate support in parking lots expected to
receive heavy car or truck traffic, or much sediment.
i) Infiltration BMPs may be clogged by large loads of sediment generated during
construction, and shall not be installed until all of the land to be disturbed by
construction is effectively and permanently stabilized. To prevent clogging after
construction, a pretreatment device must be used to filter sediment and other
coarse particles before they reach the infiltration BMP.
j) Landscaping that stabilizes disturbed soils or that filters pollutants from
stormwater flows can be an effective BMP option provided continued
maintenance and protection are assured.
k) Some BMPs could become a hazard unless properly safeguarded and
maintained. BMPs used to control pollutants of concern using swales or wet
ponds, could pose a health hazard from accumulated pollutants during the dry
season or from direct human contact. Regular removal of accumulated
pollutants and fencing to restrict access may be required.
4.2.2: Effective Removal of Pollutants of Concern. BMPs must effectively address the
"pollutants of concern" at the site (Table C-1). The nature and concentration of the
pollutant being removed, removal mechanisms, and the amount of runoff being treated
all affect the potential removal rate that can be achieved with a given BMP. Pollutants
such as sediment and lead can be removed effectively by common BMP removal
mechanisms, including settling and filtering. Where soluble pollutants such as nitrate,
phosphate, and some trace metals are a concern, a BMPs may not be effective unless it
relies on biological and/or chemical mechanisms, such as uptake by bacteria, algae,
rooted aquatic plants, organic material, terrestrial vegetation, or soils, to remove
pollutants.
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4.2.3: Costs. The appropriateness of a BMP for a particular site can be affected by
economic feasibility considerations, which encompass short- and long-term cost factors.
Short-term costs include installation costs for both materials and labor. Long-term costs
include maintenance and replacement. To sustain proper function, some BMPs require
low-level maintenance on a regular and frequent basis, whereas other BMPs require
infrequent maintenance of a more extensive nature. Maintenance costs include the
proper disposal of accumulated material. In selecting a control method, all cost
elements-construction, installation, and maintenance-associated with the BMP should
be considered.
4.2.4: Watershed Area. The feasibility of a particular BMP depends on the contributing
watershed area and the reasonably expected flow at the portion of the project being
protected.
a) Wet pond BMPs generally require a significant contributing watershed area of
greater than 10 acres, and in locales such as Southern California, a dry
weather source of water. Wet pond BMPs with contributing watersheds less
than 10 acres are acceptable, given that a qualified engineer provides evidence
acceptable to the City that an adequate water source is provided.
b) Infiltration and vegetative BMPs are generally applicable for catchments less
than 10 acres, due to space, economic, or flow volume constraints. Vegetative
BMPs with contributing watersheds less than 10 acres are acceptable, given
that a qualified engineer provides evidence acceptable to the City that space,
economic and flow volume constraints are accounted for in the design of the
BMPs.
c) Additional runoff generated away from the development project may be routed
to a BMP, thereby increasing total catchment area and making pond options
more practicable.
d) Portions of the total runoff from a development project site may be diverted to
smaller, individual BMPs, thereby decreasing the contributing watershed area
and making infiltration and vegetative BMPs more practical. Offsite diversion is
prohibited.
e) Where appropriate, post-construction BMPs (including but not limited to
regional
facilities) should be considered with project requirements to preserve or
enhance open space. Project proponents may wish to put their BMPs in open
space. This shall only be allowed when the City can determine that such usage
will be an enhancement. to the open space and will be consistent with the
reasons for which the open space is being preserved.
4.2.5: Environmental Impacts.
a) Impacts to downstream aquatic life must be avoided by maintaining the natural
low flow levels experienced during the dry weather season. Infiltration BMPs
can contribute significantly to groundwater recharge and may be able to help
the watershed better mimic its past hydrologic behavior. Vegetative BMPs such
as swales and filter strips can also help.
b) Stream bank erosion must be controlled to avoid large sediment loads to
receiving waters and impacts on the habitat downstream. Extended detention
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ponds and full exfiltration BMPs can reduce erosive storm flows enough to
keep downstream channels and banks relatively stable.
c) A BMP that is slightly less effective than a practicable alternative in reducing
pollution in stormwater may nevertheless be acceptable to comply with the
Ordinance, if the slightly less effective BMP confers other significant
environmental benefits, e.g., valuable habitat for wildlife.
4.3 PERFORMANCE REQUIREMENT FOR BMPs
The project proponent must propose and, after any adjustments required by the City,
must implement and maintain, BMPs in each of the areas set out in this Section. The
cumulative effects of the measures implemented must be (1) to limit increases in post-
development runoff from the site to the maximum extent practicable; and (2) to reduce
post-construction discharges of pollutants from the site to the maximum extent
practicable.
The BMP design for a project must address all potential sources of pollution. In addition,
BMPs must address specific requirements in the MS4 Permit. Variation among projects
prevents specification of a set of "minimum" BMPs.
4.4 NATURAL BMPs
4.4.1: BMPs which incorporate natural systems or approaches shall be considered and
shall be utilized whenever practical. Acceptable natural BMPs may include constructed
or natural wetlands, grassed swales, biofilters, wet ponds, and vegetated filter strips.
Wetlands constructed as mitigation for habitat loss are considered receiving waters and
should not be used as treatment BMPs without the specific approval of the City Engineer
and the Regional Water Quality Control Board. The use of natural BMPs can conserve
natural areas, can remove pollutants from impervious areas before they reach water,
and can maximize infiltration, provide retention, and reduce runoff velocities.
4.4.2: An enhanced or constructed wetland located in areas where the natural
hydrology will support wetlands vegetation may be subject to federal or state regulation
as jurisdictional wetlands, and may be required by other laws to be protected or
managed to promote environmental values other than stormwater flow reduction,
infiltration, or treatment. Constructed wetlands located in upland areas where natural
hydrology would not support a wetland are not jurisdictional wetlands, and may be
managed as stormwater treatment or infiltration facilities.
4.4.3: Hardened alternative BMPs can be used instead of natural BMP if natural BMPs
are not practical, but most projects in the City should be able, with appropriate design, to
make good use of natural BMPs. Project applicants will be required to explain why any
significant opportunities to use natural BMPs have not been exploited. Natural BMPs are
"structural" BMPs. They require provisions for maintenance.
4.4.4: Project proponents must conserve natural areas where practicable, to protect
water quality. Reasons for not pursuing a project alternative that would better conserve
natural areas ust be clearly identified and explained as part of the preliminary approval
allowing design and development characteristics must be considered under this section:
a) Limit clearing and grading of native vegetation at a site to the minimum amount
needed to build lots, allow access, and provide fire protection.
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b) Maximize trees and other vegetation at each site by planting additional
vegetation, clustering tree areas, and promoting the use of native and/or
drought tolerant plants.
c) Promote natural vegetation by using parking lot islands and other landscaped
areas.
d) Preserve riparian areas and wetlands.
4.5. SOURCE CONTROLS
4.5.1: All sources of potentially significant post-construction pollutant loading shall be
identified and the introduction of pollutants from these sources into stormwater and non-
stormwater discharges shall be prevented or reduced to the maximum extent
practicable.
4.5.2: The project must be designed and built to protect slopes and channels from
eroding. Project proponents must provide satisfactory evidence that each of the
following measures has been provided in the proposed project design:
a) Convey runoff safely from the tops of slopes and discharge in a manner so as
not to cause downstream erosion.
b) Stabilize all disturbed slopes.
c) Utilize natural drainage systems to the maximum extent practicable.
d) Control or reduce flow to natural drainage systems to the maximum extent
practicable.
e) Stabilize permanent channel crossings.
f) Vegetate slopes with native or drought tolerant vegetation.
g) Install energy dissipaters, such as riprap, at the outlets of new storm drains,
culverts, conduits, or channels that enter unlined channels to minimize erosion,
with the approval of all agencies with jurisdiction, e.g., the U.S. Army Corps of
Engineers, RWQCB, and the California Department of Fish and Game.
4.5.3: Outdoor materials storage areas must be properly designed. Personal storage
areas at detached single-family residences are exempt from this requirement. Improper
storage of materials outdoors may provide an opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids, and other pollutants to enter the
stormwater conveyance system. Where proposed project plans include outdoor areas
intended for storage of materials that may contribute pollutants. to the stormwater
conveyance system, a proper design of such areas should include the following BMPs:
a) Materials with the potential to contaminate stormwater must be: (1) placed in
an enclosure such as, but not limited to, a cabinet, shed, or similar structure
that prevents contact with runoff or spillage into the stormwater conveyance
system; or (2) protected by secondary containment structures such as berms,
dikes, or curbs.
b) The storage area must be paved and sufficiently impervious to contain leaks
and spills.
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c) The storage area must have a roof or awning to minimize collection of
stormwater within the secondary containment area.
4.5.4: Outdoor trash storage areas must be properly designed. Personal trash storage
areas at detached single-family residences are exempt from this requirement. A "trash
storage area" refers to an area where a trash receptacle or receptacles are located for
use as a repository for solid wastes. Loose trash and debris can be easily transported by
the forces of water or wind into nearby storm drain inlets, channels, and/or creeks. Trash
container areas are required to meet the following BMP requirements.
a) Trash container areas must be designed to either prevent contact with runoff or
spillage to the stormwater conveyance system; or to include protection by
secondary containment structures such as berms, dikes, or curbs.
b) The trash storage area must be paved and sufficiently impervious to contain
leaks and spills, with drainage from adjoining roofs and pavement diverted
around the area(s).
c) Trash storage areas must be screened or walled to prevent off-site transport of
trash.
4.6 IMPERVIOUS SURFACE AREAS
4.6.1: The project must include site design and landscape characteristics that maximize
infiltration, provide stormwater retention, slow runoff, and minimize impervious land
coverage, to the MEP.
Reducing impervious surfaces is an effective and preferred means to prevent increased
runoff and increased pollution from development. Therefore, proposed projects should
be closely scrutinized to ensure that measures such as the following have been included
to reduce impervious surfaces to the MEP. Design and landscape characteristics that
can be used to meet this section (provided all General Plan, Specific Plan, Zoning,
Subdivision Design, Traffic Safety and other development regulations are met) include
the following:
a) Direct rooftop runoff to pervious areas such as yards, or vegetated areas, and
avoid routing rooftop runoff to the roadway or the stormwater conveyance
system.
b) When feasible, use permeable materials for private sidewalks, driveways,
parking lots, golf cart paths, trails, or interior roadway surfaces.
c) Reduce overall lot imperviousness by promoting alternative driveway surfaces
and shared driveways that connect two or more homes together.
d) Reduce the overall imperviousness associated with parking lots by providing
compact car spaces, minimizing stall dimensions, incorporating efficient
parking lanes, and using pervious materials in spillover parking areas.
e) Provide reduced width sidewalks and incorporate landscaped buffer areas
between sidewalks and streets. These must comply with regulations for the
Americans with Disabilities Act and other life safety requirements and will
require provisions for maintenance.
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f) Design residential streets for the minimum required pavement widths. The
radius of cul-de-sacs should be the minimum required to accommodate
emergency and maintenance vehicles.
g) Minimize the number of residential streets and cul-de-sacs and incorporate
landscaped areas to reduce their impervious cover.
4.7 BUFFER ZONES
4.7.1: Project designs must include buffer zones for natural water bodies where
feasible.
4.7.2: Where buffer zone implementation is infeasible, projects must include other
buffers such as trees, lighting restrictions, access restrictions, etc. This subsection is
mandated by the RWQCB, and is also intended to be consistent with current City
practices implementing CEQA; state and federal species, habitat and wetlands
protection programs. The ability of buffer zones to help to protect water quality should be
considered when determining whether a project meets the requirements of this section.
4.8 STORM DRAIN TILES AND SIGNAGE
4.8.1: Storm drain inlets and access points to creeks and channels must be marked to
discourage illegal dumping, with markings indicating the receiving water by name.
Specifically:
a) All storm drain inlets and catch basins within the project area shall have a tile
placed with prohibitive language (such as: "NO DUMPING - DRAINS TO
<insert applicable creeklwaterbody>") and/or graphical icons to discourage
illegal dumping.
b) Signs and prohibitive language and/or graphical icons, which prohibit illegal
dumping, must be posted at public access points along channels and creeks
within the project area.
c) Legibility of tiles and signs must be maintained and tiles must be placed flush
with the top of concrete to reduce tripping by pedestrians.
4.9 INFILTRATION BMPs
4.9.1: Infiltration BMPs shall not affect designated beneficial uses for ground water.
4.9.2: Infiltration BMPs shall not be used for areas of industrial or light industrial activity,
areas subject to high vehicular traffic (25,000 average daily traffic (ADT) on main
roadway or 15,000 or more ADT on any intersecting roadway), automotive repair shops,
car washes, fleet storage areas (bus, truck, etc.), or nurseries.
4.9.3: All projects using structural treatment infiltration BMPs must implement one or
more of the following protective measures where applicable:
Option 1: Runoff shall undergo pretreatment such as sedimentation or filtration
before infiltration or satisfactory evidence must be provided that project source
control measures will adequately clean runoff for infiltration.
Option 2: The vertical distance from the base of any infiltration structural treatment
BMP to the seasonal high groundwater mark shall be at least 10 feet. Where
groundwater basins do not support beneficial uses, this distance requirement may be
reduced.
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Option 3: Infiltration BMPs shall not be located within 100 feet horizontally of any
water supply wells.
4.10 ADDITIONAL BMPs WHERE NECESSARY
4.10.1: If the measures proposed for implementation are not adequate to ensure
compliance with the performance standards, additional BMPs sufficient to meet those
performance standards must be included in the project.
Two approaches can be taken to meet this section: proposed BMPs can be intensified,
or additional treatment BMPs can be added. Additional treatment BMPs can be
engineered structures, or enhanced or constructed "natural" features. Potentially useful
treatment BMPs include the following:
a) Utilize "natural" structural treatment BMPs such as vegetated swales,
vegetated buffer strips, wet ponds, bio-retenlion facilities, constructed
wetlands, and foundation planting.
b) Utilize structural infiltration BMPs such as infiltration basins, infiltration
trenches, drywells, and cisterns, so long as ground water is not jeopardized.
c) Utilize structural filtering BMPs such as oil/water separators, catch basin
inserts, storm drain inserts, media filtration, continuous flow deflection/
separation systems, catch basin screens, clarifiers, desilting basins, and
filtration systems
d) Utilize structural flow BMPs such as extended/dry detention basins and normal
flow storage/ separation systems.
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5.0-STEP-BY-STEP PLANNING FOR BMPs
Applicants for City permits for land development shall use the process set out in this
Section to identify pollutants and conditions of concern for their proposed project and
affected receiving water; and to identify design and implement appropriate BMPs for
their proposed project to address those pollutants and condition. Sufficient information
shall be provided with the relevant permit application to allow the City to determine that
this process has been completed.
5.1 IDENTIFY POLLUTANTS & CONDITIONS OF CONCERN
5.1.1: Identify Pollutants from the Project Area. Using Table C-1, identify pollutants that
are anticipated to be generated from the proposed project.
Table C.1 Expected and Potential Pollutants Generated by Land Use Type
General Pollulanl Ca/eaories
Trash Oxygen Bacteria
Priority Project Sediment! Organic & Demanding & Oil &
CateQories Turbiditv Nutrients Comoounds Debris Substances Viruses Grease Pesticides Metals
Residential E E N E E E E E N
Develooment
Non- p(l) p(l) p(5) E p(l) p(') E p(l) P
Residential
Develooment
Automotive N N E(4)(5) E N N E N P
Repair
Restaurants N N N E E E E N N
Hillside E E N E E E E E N
Development
Parking Lots p(l) p(l) E(4) E p(l) p(.) E p(l) E
Streets,
Roads, E p(l) E(4) E p(l) p(.) E p(l) E
Highways &
Freewavs
x = expected
N;:: not expected
P ;;; potential
(1) A potential pollutant if landscaping exists on-site.
(2) A potential pollutant if the project includes uncovered parking areas.
(3) A potential pollutant jf land use involves food or animal waste products.
(4) Including petroleum hydrocarbons.
(5) Including solvents.
(6) Bacterial indicators are routinely detected in pavement runoff.
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Pollutants associated with any hazardous material sites that have been remediated or
are not threatened by the proposed project are not considered a pollutant of concern.
The following categories of pollutants shall be evaluated as potential pOllutants of
concern:
a) Sediments - Sediments are soils or other surficial materials eroded and then
transported or deposited by the action of wind, water, ice, or gravity. Sediments
can increase turbidity, clog fish gills, reduce spawning habitat, lower young
aquatic organisms survival rates, smother bottom dwelling organisms, and
suppress aquatic vegetation growth.
b) Nutrients - Nutrients are inorganic substances, such as nitrogen and
phosphorus. They commonly exist in the form of mineral salts that are either
dissolved or suspended in water. Primary sources of nutrients in urban runoff
are fertilizers and eroded soils. Excessive discharge of nutrients to water
bodies and streams can cause excessive aquatic algae and plant growth. Such
excessive production, referred to as cultural eutrophication, may lead to
excessive decay of organic matter in the water body, loss of oxygen in the
water, release of toxins in sediment, and the eventual death of aquatic
organisms.
c) Metals - Metals are raw material components in non-metal products such as
fuels, adhesives, paints, and other coatings. Primary source of metal pollution
in stormwater are typically commercially available metals and metal products.
Metals of concern include cadmium, chromium, copper, lead, mercury, and
zinc. Lead and chromium have been used as corrosion inhibitors in primer
coatings and cooling tower systems. At low concentrations naturally occurring
in soil, metals are not toxic. However, at higher concentrations, certain metals
can be toxic to aquatic life. Humans can be impacted from contaminated
groundwater shellfish. Environmental concerns, regarding the potential for
release of metals to the environment, have already led to restricted metal
usage in certain applications.
d) Organic Compounds - Organic compounds are carbon-based. Commercially
available or naturally occurring organic compounds are found in pesticides,
solvents, and hydrocarbons. Organic compounds can, at certain
concentrations, indirectly or directly constitute a hazard to life or health. When
rinsing off objects, toxic levels of solvents and cleaning compounds can be
discharged to storm drains. Dirt, grease, and grime retained in the cleaning
fluid or rinse water may also adsorb levels of organic compounds that are
harmful or hazardous to aquatic life. .
e) Trash & Debris - Trash (such as paper, plastic, polystyrene packing foam, and
aluminum materials) and biodegradable organic matter (such as leaves, grass
cuttings, and food waste) are general waste products on the landscape. The
presence of trash & debris may have a significant impact on the recreational
value of a water body and aquatic habitat. Excess organic matter can create a
high biochemical oxygen demand in a stream and thereby lower its water
quality. Also, in areas where stagnant water exists, the presence of excess
organic matter can promote septic conditions resulting in the growth of
undesirable organisms and the release of odorous and hazardous compounds
such as hydrogen sulfide.
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f) Oxygen-Demanding Substances - This category includes biodegradable
organic material as well as chemicals that react with dissolved oxygen in water
to form other compounds. Proteins, carbohydrates, and fats are examples of
biodegradable organic compounds. Compounds such as ammonia and
hydrogen sulfide are examples of oxygen-demanding compounds. The oxygen
demand of a substance can lead to depletion of dissolved oxygen in a water
body and possibly the development of septic conditions.
g) Oil and Grease - Oil and grease are characterized as high-molecular weight
organic compounds. Primary sources of oil and grease are petroleum
hydrocarbon products, motor products from leaking vehicles, esters, oils, fats,
waxes, and high molecular-weight fatty acids. Introduction of these pollutants to
the water bodies are very possible due to the wide uses and applications of
some of these products in municipal, residential, commercial, industrial, and
construction areas. Elevated oil and grease content can decrease the aesthetic
value of the water body, as well as the water quality.
h) Bacteria and Viruses - Bacteria and viruses are ubiquitous microorganisms
that thrive under certain environmental conditions. Their proliferation is typically
caused by the transport of animal or human fecal wastes from the watershed.
Water, containing excessive bacteria and viruses can alter the aquatic habitat
and create a harmful environment for humans and aquatic life. Also, the I
decomposition of excess organic waste causes increased growth of
undesirable organisms in the water.
i) Pesticides - Pesticides (including herbicides) are chemical compounds
commonly used to control nuisance growth or prevalence of organisms.
Excessive application of a pesticide may result in runoff containing toxic levels
of its active components.
5.1.2: Identify Pollutants of Concern in Receiving Waters.
a) Pollutants that exhibit one or more of the following characteristics shall be
identified as pollutants of concern in the receiving water:
(L) Current loadings or historical deposits of the pollutant are impairing the
beneficial uses of a receiving water;
(iL) Elevated levels of the pollutant are found in water or sediments of a
receiving water and/or have the potential to be toxic to or bio-accumulate
in organisms therein; and
(iiL) Inputs of the pollutant are at a level high enough to be considered
potentially toxic.
b) To identify pollutants of concern in receiving waters, each project shall, at a
minimum:
(i) For each of the project's discharge points, identify the receiving water(s)
that each discharge point will discharge to, including hydrologic unit basin
number(s), as identified in the most recent version of the Water Quality
Control Plan for the San Diego Basin, prepared by the San Diego
Regional Water Quality Control Board.
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(ii) Identify any receiving waters into which the developed area would
discharge, listed on the most recent list of Clean Water Act Section
303(d) impaired water bodies. List any and all pollutants for which the
receiving waters are impaired.
5.1.3: Identify Conditions of Concern. The following steps shall be followed by each
project to address potential impacts to downstream channels and habitat integrity, due to
change in the hydrologic regime resulting from development including increased runoff
volume; reduced infiltration; increased flow frequency, duration, and peaks; faster time to
reach peak flow; and water quality degradation:
a) Evaluate the project's conditions of concern in a drainage study report
prepared by a registered civil engineer in the State of California, with
experience in hydrology, hydraulics and water resources management. The
report shall consider the project area's location (from the larger watershed
perspective), topography, soil and vegetation conditions, percent impervious
area, natural and infrastructure drainage features, and any other relevant
hydrologic and environmental factors to be protected specific to the project
area's watershed.
b) As part of the drainage study, the civil engineer shall conduct a field
reconnaissance to observe and report on downstream conditions, including
undercutting erosion, slope stability, and vegetative stress (due to flooding,
erosion, water quality degradation, or loss of water supplies) and the area's
susceptibility to erosion or habitat alteration as a result of altered flow regime.
c) The drainage study shall compute rainfall runoff characteristics from the project
area including, at a minimum, runoff volume, time of concentration, and
retention volume. These characteristics shall be developed for the two-year
and 10-year frequency, Type I storm, of six-hour or 24-hour duration
(whichever is the closer approximation of the site's time of concentration),
during critical hydrologic conditions for soil and vegetative cover. The drainage
study shall report the project's conditions of concern based on the hydrologic
and downstream conditions discussed above. Where downstream conditions of
concern have been identified, the drainage study shall establish that pre-project
hydrologic conditions affecting downstream conditions of concern would be
maintained by the proposed project, satisfactory to the City, by incorporating
the site design, source control, and treatment control requirements identified.
5.2 ESTABLISH BMPs
5.2.1: Discharges shall incorporate site design BMPs to reduce the need for source
and/or treatment control BMPs, and source control BMPs to reduce the amount of
treatment control BMPs needed. BMPs shall be evaluated for inclusion in the project in
the following order:
a) Site Design BMPs
b) Source Control BMPs
c) Treatment Control BMPs
In addition, runoff treated by site design or source control BMPs, such as rooftop runoff
treated in landscaping, may be credited towards the treatment control requirements.
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5.2.2: Projects that are anticipated to generate a pollutant (as identified in Table C-1,
"Expected and Potential Pollutants Generated by Land Use Type") for which the
receiving water is anlmpaired Water Body shall meet all applicable requirements and
shall select a single or combination of BMPs from Table C-2 which maximizes pollutant
removal for the particular pollutant(s) of concern.
Table C-2 Enhanced Treatment Control BMP Selection Matrix!'1
(Excerpted, with minor revision, from the Orange County Water Quality Mangement Plan dated September 26, 2003 and the San Bernardino Water
Quali Mana ment Plan dated ri114,2004
SedimentlTurbidi HIM M HIM HIM HIM L U
Nutrients L M HIM HIM UM L U
Or anic Com ounds U U U U HIM L U
Trash & Debris L M U U HIM M U
Oxygen Demanding
Substances L M HIM HIM HIM L L U
Bacteria & Viruses U U HIM U HIM L L U
Oil & Grease HIM M U U HIM M UM U
Pesticides
non-soil bound U U U U U L L U
Metals HIM M H H H L L U
Abbreviations:
L: low removal efficiency HIM: High or medium removal efficiency U: Unknown removal effiCiency
Notes:
(1) Periodic performance assessment and updating of the guidance provided by this table may be necessary.
(2) Includes grass swales, grass strips, wetland vegetation swales, and bio-retention.
(3) Includes extended/dry detention basins with grass lining and extended/dry detention basins with impervious lining. Effectiveness based
upon minimum 36-48 hour drawdown time.
(4) Includes infiltration basins, infiltration trenches, and porous pavements.
(5) Includes permanent pool wet ponds and constructed wetlands.
(6) Includes sand filters and media Mers.
(7) Also known as hydrodynamic devices, baffle boxes, swir1 concentrators, or cyclone separators.
(8) Includes proprietary stonnwater treatment devices as listed in the CASQA Stormwater Best Management Practices Handbooks, other
stormwater treatment BMPs not specifically listed in this WQMP, or newly developed/emerging stonnwater treatment technologies.
5.2.3: Alternative BMPs for enhanced treatment, and specific BMP types within the
tabulated categories, may be approved at the discretion of the City. The general
effectiveness of these BMPs is identified in Table C-3, Treatment Control BMP Selection
Matrix.
5.3 SITE DESIGN BMPs
Projects shall be designed so as to minimize, to the maximum extent practicable, the
introduction of pollutants and conditions of concern that may result in significant impacts,
generated from site runoff to the stormwater conveyance system. Priority Projects shall
also control post-construction peak stormwater runoff discharge rates and velocities to
maintain or reduce pre-development downstream erosion and to protect stream habitat.
Projects can achieve stormwater control through the creation of a hydrologically
functional project design that attempts to mimic the natural hydrologic regime. This
objective is accomplished by:
a) Reducing imperviousness, conserving natural resources and areas,
maintaining and using natural drainage courses in the stormwater conveyance
system, and minimizing clearing and grading.
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b) Providing runoff storage measures dispersed uniformly throughout a site's
landscape with the use of a variety of detention, retention, and runoff practices.
c) Implementing on-lot hydrologically functional landscape design and
management practices.
5.3.1: Step 1: Maintain Pre-Development Rainfall Runoff Characteristics
a) Projects shall maintain or reduce peak velocities from the project area to the
maximum extent practicable. In addition, projects shall control the total volume
of runoff to the maximum extent practicable using the site design, source
control, and treatment control.
b) Design Concept 1: Minimize Project's Impervious Surface & Conserve Natural
Areas;
.
(i) Construct walkways, trails, patios, and alleys and other low-traffic areas
with permeable surfaces, such as pervious concrete, porous asphalt, unit
pavers, and granular materials;
(ii) Construct streets, sidewalks and parking lot aisles to the minimum widths
necessary.
(iii) Maximize canopy interception and water conservation by preserving
existing native trees and shrubs, and planting additional native or drought
tolerant trees and large shrubs.
(iv) Minimize the use of impervious surfaces, such as decorative concrete, in
the landscape design.
(vi) Use natural drainage systems to the maximum extent practicable.
c) Design Concept 2: Minimize Directly Connected Impervious Areas (DCIAs).
Projects shall incorporate the following design characteristics, where
applicable. DCIA means the area covered by a building, impermeable
pavement, and/or other impervious surfaces which drain directly into the storm
drain without first flowing across permeable vegetated land area (e.g., lawns).
(i) Where landscaping is proposed, drain rooftops into adjacent landscaping
prior to discharging to the storm drain.
(ii) Where landscaping is proposed, drain impervious sidewalks, walkways,
trails, and patios into adjacent landscaping.
5.3.2: Step 2: Protect Slopes and Channels.
Project plans shall include BMPs to decrease the potential for erosion of slopes and/or
channels, consistent with local codes and ordinances and with the approval of all
agencies with jurisdiction, e.g., the U.S. Army Corps of Engineers, the San Diego
Regional Water Quality Control Board, and the California Department of Fish and Game.
The following design principles shall be followed:
a) Convey runoff safely from the tops of slopes.
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b) Vegetate slopes with native or drought tolerant vegetation.
c) Control and treat flows in landscaping and/or other controls prior to reaching
existing natural drainage systems.
d) Stabilize permanent channel crossings.
e) Install energy dissipaters, such as riprap, at the outlets of new storm drains,
culverts, conduits, or channels that enter unlined channels in accordance with
applicable specifications to minimize erosion. Energy dissipaters shall be
installed in such a way as to minimize impacts to receiving waters.
5.4 SOURCE CONTROL BMPs
The use of source control BMP is mandatory whenever such BMPs are practicable.
5.4.1: Step 3: Provide Storm Drain System Stenciling and Signage.
5.4.2: Step 4: Design Outdoor Material Storage Areas to Reduce Pollutant Releases.
5.4.3: Step 5: Design Trash Storage Areas to Reduce Pollution Introduction.
5.4.4: Step 6: Use Efficient Irrigation Systems & Landscape Design.
Projects shall design the timing and application methods of irrigation water to minimize
the runoff of excess irrigation water into the stormwater conveyance system. (Limited
exclusion: detached residential homes.)
a) Rain shutoff devices shall be employed to prevent irrigation after precipitation.
b) Irrigation systems shall be designed to each landscape area's specific water
requirements.
c) Flow reducers or shutoff valves triggered by a pressure drop shall be used to
control water loss in the event of broken sprinkler heads or lines.
5.4.5: Step 7: Incorporate Requirements Applicable to Individual Project Categories.
The following requirements shall be incorporated into applicable projects during the
stormwater BMP selection and design process. Projects shall adhere to each of the
individual project category requirements that apply to the project (e.g., a restaurant
would be required to incorporate the requirements for "Equipment Washing/Steam
Cleaning Activities" and "Parking Areas" into the project design).
a) Private Roads and Private Roadway Drainage.
(i) Rural swale system: street sheet flows to vegetated swale or gravel
shoulder, curbs at street corners, culverts under driveways and street
crossings;
(ii) Urban curb/swale system: street slopes to curb, periodic swale inlets
drain to vegetated swale/biofilter;
(iii) Dual drainage system: First flush captured in street catch basins and
discharged to adjacent vegetated swale or gravel shoulder, high flows
connect directly to stormwater conveyance system.
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(iv) Urban curb/filter system: street slopes to curb, periodic inlet drain are
filtered and then enter conveyance system;
(v) Owners private property with access provided by privately owned roads
shall ensure that the private roads are swept on a regular basis either
under an agreement with the City or under a private contract with a
commercial street sweeping company.
b) Residential Driveways and Guest Parking.
(i) Design driveways with shared access, flared (single lane at street) or
wheelstrips (paving only under tires); or, drain into landscaping prior to
discharging to the stormwater conveyance system.
(ii) Uncovered temporary or guest parking on private residential lots shall
either be: paved with a permeable surface; or, designed to drain into
landscaping prior to discharging to the stormwater conveyance system.
c) Loading/Unloading Dock Areas.
(i) Cover loading dock areas or design drainage to preclude urban run-on
and runoff.
(ii) Direct connections to storm drains from depressed loading docks (truck
wells) are prohibited.
d) Maintenance Bays.
(i) Repair/maintenance bays shall be indoors; or, designed to preclude
urban run-on and runoff.
(ii) Design a repair/maintenance bay drainage system to capture all wash
water, leaks and spills. Connect drains to a sump for collection and
disposal. Direct connection of the repair/maintenance bays to the storm
drain system is prohibited. If required by local sewer agency, and/or
RWQCB, obtain an Industrial Waste Discharge Permit.
e) Vehicle Wash Areas.
(i) Self-contained; or covered with a roof or overhang;
(ii) Equipped with a clarifier or other pretreatment facility;
(iii) Properly connected to a sanitary sewer.
f) Outdoor Process Equipment Operations, such as rock grinding or crushing,
painting or coating, grinding or sanding, degreasing or parts cleaning, landfills,
waste piles, and wastewater and solid waste treatment and disposal, and other
operations determined to be a potential threat to water quality by the City.
(i) Cover or enclose areas that would be the most significant source of
pollutants; or, slope the area toward a dead-end sump; or, discharge to
the sanitary sewer system following appropriate treatment in accordance
with conditions established by the applicable sewer agency.
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(ii) Grade or berm area to prevent run-on from surrounding areas.
(iji) Installation of storm drains in areas of equipment repair is prohibited.
g) Equipment Washing/Steam Cleaning Activities.
(i) Self-contained; or covered with a roof or overhang;
(ii) Equipped with a clarifier, grease trap or other pretreatment facility, as
appropriate;
(iii) Properly connected to a sanitary sewer.
h) Parking Areas.
(i) Incorporate landscape areas into the drainage design.
(ii) Overflow parking (parking stalls provided in excess of the City's minimum
parking requirements) shall be constructed with permeable paving.
(i) Roadways.
(i) Roadway projects shall select treatment control BMPs following the
treatment control selection procedure.
j) Fuel Dispensing Areas.
(i) Overhanging roof structure or canopy. The cover's minimum dimensions
must be equal to or greater than the area within the grade break. The
cover must not drain onto the fuel dispensing area and the downspouts
must be routed to prevent drainage across the fueling area. The fueling
area shall drain to the project's treatment control BMP(s) prior to
discharging to the stormwater conveyance system.
(ii) Paved with Portland cement concrete (or equivalent smooth impervious
surface). The use of asphalt concrete shall be prohibited.
(Iii) Paving must have a 2% to 4% slope to prevent ponding, and must be
separated from the rest of the site by a grade break that prevents run-on
of urban runoff. .
(iv) At a minimum, the concrete fuel dispensing area must extend 6.5 feet
(2.0 meters) from the corner of each fuel dispenser, or the length at which
the hose and nozzle assembly may be operated plus 1 foot (0.3 meter),
whichever is less.
k) Hillside Landscaping.
(i) Hillside areas that are disturbed by project development shall be
landscaped with deep-rooted, drought tolerant plant species selected for
erosion control, satisfactory to the City.
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5.5 TREATMENT CONTROL BMPs
Minimizing a development's detrimental effects on water quality can be most effectively
achieved through the use of a combination of site design, source and treatment control
BMPs. Where projects have been designed to minimize, to the maximum extent
practicable, the introduction of anticipated pollutants of concern that may result in
significant impacts to the receiving waters through the implementation of site design and
source control BMPs, and the development still has the potential for pollutants of
concern to enter the stormwater conveyance system, the project may need to implement
treatment control BMPs. In meeting the requirements in this section, projects shall
implement a single or combination of BMPs best suited to maximize the removal of
anticipated pollutants of concern in site runoff to the maximum extent practicable.
5.5.1: Step 8: Design to Treatment Control BMP Standards.
All projects that propose to use structural treatment BMPs in meeting performance
standards or in achieving Maximum Extent Practicable shall design, construct and
implement their structural treatment control BMPs in conformance with the design
standards of this section, unless specifically exempted by the City. Structural treatment
control BMPs are not required by this Section, but if structural treatment BMPs are
proposed they must comply with this section and be operational prior to the use of any
dependent development, and be located and designed in accordance with the
requirements here in Step 8 and below in Step 9.
(a) Volume-based BMPs shall be designed to mitigate (infiltrate, filter, or treat)
either:
i. The volume of runoff produced from a 24-hour 85th percentile storm
event, as determined from the local historical rainfall record and shown on
the official County Isopluvial Map for the 85th percentile contained in the
County of Riverside Hydrology Manual; or
ii. The volume of runoff produced by the 85th percentile 24-hour runoff
event, determined as the maximized capture urban runoff volume for the
area, from the formula recommended in Urban Runoff Quality
Management, WEF Manual of Practice No. 23/ ASCE Manua/ of Practice
No. 87, (1998); or
iii. The volume of annual runoff based on unit basin storage volume, to
achieve 90 percent or more volume treatment by the method
recommended in California Stormwater Best Management Practices
Handbook - New Development, (2003).
(b) Flow-based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either:
i. The maximum flow rate of runoff produced from a rainfall intensity of 0.2
inch of rainfall per hour for each hour of a storm event; or
ii. The maximum flow rate of runoff produced by the 85th percentile hourly
rainfall intensity, as determined from the local historical rainfall record,
multiplied by a factor of two; or
iii. The maximum flow rate of runoff, as determined from the local historical
rainfall record, that achieves approximately the same reduction in
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pollutant loads and flows as achieved by mitigation of the 85th percentile
hourly rainfall intensity multiplied by a factor of two.
5.5.2: Step 9: Locate BMPs Near Pollutant Sources.
Structural treatment control BMPs, if proposed, should be implemented close to pollutant
sources to minimize costs and maximize pollutant removal prior to runoff entering
receiving waters. Such BMPs may be located on- or off-site, used singly or in
combination, or shared by multiple new developments, pursuant to the following
requirements:
(a) Any structural treatment control BMPs shall be located so as to infiltrate, filter,
and/or treat the required runoff volume or flow prior to its discharge to any
receiving water body supporting beneficial uses or stormwater conveyance
system.
(b) Multiple post-construction structural treatment control BMPs for a single
development project shall collectively be designed to comply with the design
standards.
(c) Any structural treatment BMPs are to be located to infiltrate, filter, or treat the
required runoff volume or flow prior to its discharge to any receiving water body
supporting beneficial uses or stormwater conveyance system. In most cases,
on-site BMPs will be the best alternative for protecting all downstream water
bodies. However, in some situations, better results may be achieved when
structural treatment BMPs are shared by multiple new development projects.
The City may elect to allow the use of a shared structural treatment BMP
provided construction of the shared structural treatment BMP is completed (or
an equivalent temporary alternative is put in place) prior to the post-
construction use of any new development project from which the structural
treatment BMP will receive runoff. Ongoing long-term maintenance of any
shared structural post-construction BMP must be identified before a shared
BMP will be considered "effective". Shared BMPs shall be operational prior to
the use of any dependent development or phase of development. The shared
BMPs shall only be required to treat the dependent developments or phases of
development that are in use.
(d) Interim BMPs that provide equivalent or greater treatment than is required may
be implemented by a dependent development until each shared BMP is
operational. If interim BMPs are selected, the BMPs shall remain in use until
permanent BMPs are operational.
5.5.3: Step 10: Restrictions on Use of Infiltration BMPs.
Three factors significantly influence the potential for urban runoff to contaminate ground
water. They are:
~ Pollutant mobility;
~ Pollutant abundance in urban runoff; and
~ Soluble fraction of pollutant. The risk of contamination of groundwater may be
reduced by pretreatment of urban runoff. A discussion of limitations and guidance
for infiltration practices is contained in, Potentia/ Groundwater Contamination
from Intentional and Non-/ntentional Storm water /nfiltration, Report No.
EPA/600/R-94/051, USEPA (1994).
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To protect groundwater quality, the use of Infiltration BMPs (such as infiltration trenches
and infiltration basins) is restricted as set out below:
(a) Runoff shall undergo pretreatment such as sedimentation or filtration prior to
discharge to an Infiltration BMP.
(b) Prohibited discharges shall be diverted from Infiltration BMPs, unless treated
prior to discharge.
(c) Pollution prevention and source control BMPs shall be implemented to protect
groundwater quality at sites where Infiltration BMPs are to be used.
(d) The vertical distance from the base of any Infiltration BMP to the seasonal high
groundwater mark shall be at least 10 feet.
(e) Infiltration BMPs may not be used unless the soil through which infiltration is to
occur is shown to have physical and chemical characteristics (such as
appropriate caution exchange capacity, organic content, clay content, and
infiltration rate) that are adequate for proper infiltration durations and treatment
of urban runoff for the protection of groundwater beneficial uses.
(f) Infiltration BMPs shall not be used for areas of industrial or light industrial
activity; areas subject to high vehicular traffic (25,000 or greater average daily
traffic on main roadway or 15,000 or more average daily traffic on any
intersecting roadway); automotive repair shops; car washes; fleet storage
areas (bus, truck, etc.); nurseries; and other high threat to water quality land
uses and activities as designated by the City.
(g) Infiltration structural BMPs shall be located a minimum of 100 feet horizontally
from any water supply wells.
5.6 EXAMPLES
Application of the process and requirements described above could, for example, lead to
design requirements and permit conditions such as the following:
a) A commercial development might have loading/unloading dock areas where
material spills could be quickly transported to the stormwater conveyance
system. The project should be required to cover loading dock areas or design
drainage to minimize run-on and runoff of stormwater. Direct connections to
storm drains from depressed loading docks (truck wells) should be prohibited.
b) A vehicle repair facility could handle oil and grease, solvents, car battery acid,
coolant and gasoline from the repair/maintenance bays that can negatively
impact stormwater. Design plans should show repair bays indoors or designed
to prohibit stormwater contact; the drainage system should be designed to
capture all wash water, leaks and spills with a sump for collection and disposal;
and direct connection to the storm drain system should be prohibited.
c) A project that includes vehicle/equipment washing/steam cleaning has the
potential to contribute metals, oil and grease, solvents, phosphates, and
suspended solids to the stormwater conveyance system. The project plans
should include an area for washing/steam cleaning of vehicles and equipment.
The area should be self-contained and/ or covered, equipped with a clarifier, or
other pretreatment device, and properly connected to a sanitary sewer (with the
required sewer permit).
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d) A restaurant project could include various outdoor activities, equipment,
accessory washing/steam cleaning, which have the potential to contribute
metals, oil and grease, solvents, phosphates, and suspended solids to
stormwater. This type of project should include an area for the washing/steam
cleaning of equipment and accessories that are self-contained, equipped with a
grease trap, and properly connected to a sanitary sewer. If outdoors, these
areas should also be covered, paved, and have secondary containment.
e) A gas station or auto repair shop project would have fueling areas with the
potential to contribute oil and grease, solvents, car battery acid, coolant and
gasoline to stormwater. The project should include overhanging roof canopy for
the fuel dispensing area, with the canopy and any downspouts designed to
prevent drainage across the fueling area. The fuel dispensing area must be
paved with Portland cement concrete (asphalt concrete is prohibited) with a 2%
to 4% slope to prevent ponding, separated from the rest of the site by a grade
break that prevents run-on of stormwater. This protected area should extend
the length at which any proposed hose and nozzle assembly may be operated
plus 1 foot.
f) A parking lot project (or portion of a project) would typically be a source of
pollutants such as heavy metals, oil and grease, and polycyclic aromatic
hydrocarbons that are deposited on parking lot surfaces by motor-vehicles, and
that can be transported to stormwater. Parking lots should be required to
reduce impervious land coverage of parking areas, and to infiltrate clean runoff
before it reaches storm drain system. (Parking lots subject to Part Four, below,
should also be required to treat runoff before it reaches the storm drain system
to remove oil and petroleum hydrocarbons, and to ensure adequate operation
and maintenance of these treatment systems to prevent system fouling and
plugging.)
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6.0- PRIORITY DEVELOPMENT PROJECTS
6.1 APPLICABILITY
In accordance with all new development projects and modifications to existing
developments that fall into one of the following categories considered "priority projects",
designs are required to implement site design, source control, and treatment control
BMPs as described in the preceding sections.
Modifications to existing development are defined as the creation or addition of at least
5,000 square feet of impervious surfaces on an already developed site. This includes,
but is not limited to: the expansion of a building footprint or addition or replacement of a
structure; structural development including an increase in gross floor area and/or exterior
construction or remodeling; replacement of impervious surface that is not part of a
routine maintenance activity; and land disturbing activities related with structural or
impervious surfaces.
6.2. PRIORITY DEVELOPMENT PROJECTS
6.2.1: Housinq subdivisions of 10 dwellinq units or more.
This category includes single-family homes, multi-family homes, condominiums, and
apartments.
6.2.2: Commercial developments qreater than 100,000 square feet.
This category is defined as any non-residential development on private land where the
land area for development is greater than 100,000 square feet. The category includes,
but is not limited to: hospitals; laboratories and other medical facilities; educational
institutions; recreational facilities; commercial nurseries; multi-apartment buildings; car
wash facilities; mini-malls and other business complexes; shopping malls; hotels; office
buildings; public warehouses; automotive dealerships; airfields; and other light industrial
facilities.
6.2.3: Automotive repair shops.
This category is defined as a facility that is categorized in anyone of the following
Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-
7539.
6.2.4: Restaurants.
This category is defined as a facility that sells prepared foods and drinks for
consumption, including stationary lunch counters and refreshment stands selling
prepared foods and drinks for immediate consumption (SIC code 5812), where the land
area for development is greater than 5,000 square feet.
6.2.5: All hillside development qreater than 5.000 square feet.
This category is defined as any development which creates 5,000 square feet of
impervious surface which is
a) located in an area with known erosive soil conditions;
b) located where the development will grade on any natural slope that is twenty-five
percent (25%) (4 feet of horizontal distance for every 1 foot of vertical distance)
or greater.
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6.2.6: Environmentallv Sensitive Areas.
All development located within or directly adjacent to or discharging directly to an
environmentally sensitive area (where discharges from the development will enter
receiving waters within the environmentally sensitive area), which either creates
2,500square feet of impervious surface on a proposed project site or increases the area
of imperviousness of a proposed project site to 10% or more of its naturally occurring
condition. Environmentally sensitive areas include but are not limited to all Clean Water
Act Section 303(d) impaired water bodies; areas designated as Areas of Special
Biological Significance by the State Water Resources Control Board (Water Quality
Control Plan for the San Diego Basin (1994) and amendments); water bodies designated
with the RARE beneficial use by the State Water Resources Control Board (Water
Quality Control Plan for the San Diego Basin (1994) and amendments); areas
designated as preserves or their equivalent under the Multi Species Habitat
Conservation Program within the Cities and County of Riverside; and any other
equivalent environmentally sensitive areas which have been identified by the Co-
permittees. "Directly adjacent" means situated within 200 feet of the environmentally
sensitive area. "Discharging directly to" means outflow from a drainage conveyance
system that is composed entirely of flows from the subject development, and not
commingled with flows from adjacent lands.
6.2.7: ParkinQ lots 5.000 SQuare feet or more.
Parking lot is defined as a land area or facility for the temporary parking or storage of
motor vehicles used personally, for business, or for commerce.
6.2.8: Street. roads. hiQhwavs. and freewavs.
This category includes any paved surface which is 5,000 square feet or greater used for
the transportation of automobiles, trucks, motorcycles, and other vehicles.
6.2.9 Retail Gasoline Outlets IRGOs).
This category includes RGOs that meet the following criteria: (a) 5,000 square feet or
more, or (b) a projected average daily traffic (ADT) of 100 or more vehicles per day.
6.3 DESIGN AND BMP REQUIREMENTS
All priority projects are required to design and implement a combination of BMPs
including site design, source control, and structural treatment control BMPs.
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7.0-BMP MAINTENANCE AND MAINTENANCE ASSURANCE
7.1 PROOF OF A MECHANISM TO ENSURE MAINTENANCE OF POST-
CONSTRUCTION BMPs
7.1.1: The proponents of any land development project that requires a City permit, shall
provide to the City prior to the issuance of such permit, proof of a mechanism acceptable
to the City which will ensure ongoing long-term maintenance of all BMPs associated with
the proposed project. The proponents shall be responsible for maintenance of BMPs
unless and until an alternative mechanism for ensuring maintenance is accepted by the
City and becomes effective.
7.1.2: Project proponents shall enter into and provide the City copies of any covenants,
legal agreements, maintenance agreements, and/or conditional use permits the City
deems necessary to ensure the effectiveness of any BMP maintenance assurance
mechanism proposed by the Proponent.
7.1.3: Potentially acceptable mechanism for ensuring BMP maintenance include the
following:
(a) Maintenance by owner. The City may agree that sufficient assurance of
maintenance is provided by the owner to maintain that BMP. The City may
decline to accept this mechanism if the City concludes that any subsequent
owner(s) may be unable or unwilling to maintain, repair or replace the BMP
despite the legal obligation to do so. Acknowledgements or responsibility or
other contractual agreement with the subsequent owners may also be required.
(b) City Assessment District. The developer can request the formation of a
maintenance assessment district or other funding mechanism to provide funds
for BMP maintenance, repair and replacement on an ongoing basis. The
developer would fund the district; however the City would administer the annual
renewal of the district. If that mechanism could be compromised or eliminated
by any subsequent vote, the City may condition acceptance of this mechanism
on an agreement that would preclude such compromise or elimination, and/or
on a backup agreement with the developer or a related person to ultimately be
accountable to the City to pay all costs for BMP maintenance, repair or
replacement if funding and maintenance by a Assessment District proved to be
inadequate for any reason.
(c) Lease provisions. In those cases where the City holds title to the land in
question, and the land is being leased to another party for private or public use,
the City may require BMP maintenance, repair and replacement through
conditions in the lease.
(d) Conditional use permits. For discretionary projects that require a use permit,
the City may require inclusion of appropriate terms in the use permit that will
provide sufficient assurance maintenance of BMPs. The City may condition
acceptance of this mechanism on a backup agreement with the developer or a
related person to ultimately be accountable to the City to pay all costs for BMP
maintenance. repair or replacement if a subsequent owner fails to perform.
(e) Maintenance by a public entity. The City may agree that a public or acceptable
quasi-public entity (e.g., the County Flood Control District, a state or federal
resource agency, or a conservation conservancy) may assume responsibility
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for maintenance, repair and replacement of the BMP in lieu of the developer.
The City may require that some or all estimated maintenance costs be front-
funded or reliably guaranteed, (e.g., through a trust fund, assessment district
fees, bond, letter of credit or similar means). In addition, the City may seek
protection from liability by appropriate releases and indemnities.
The developer must provide any public entity accepting maintenance
obligations sufficient .ownership or easement interests to allow maintenance,
repair and replacement of BMPs. If structural BMPs are located within a public
area proposed for transfer, they will be the responsibility of the developer until
the City or other public entity accepts them. Structural BMPs proposed for
transfer to any other public entity must be approved by the City prior to
installation. The City shall be involved in the negotiation of maintenance
requirements with any other public entities accepting maintenance
responsibilities. The City must be identified as a third party beneficiary
empowered to enforce any such maintenance agreement.
7.1.4: Other mechanisms. The City, in its discretion, may accept other mechanisms for
ensuring BMP maintenance, repair and replacement.
7.1.5: Right to condition acceptance of any proposed mechanism. The City, in its
discretion, may decline to accept any proposed mechanism for assuring BMP
maintenance, repair or replacement that is not supported by an adequate and reliable
source of funds. The City in its discretion may also require that any such proposed
mechanism be supported by back up agreements including but not limited to a back-up
maintenance agreement with the developer or a related natural person.
7.1.6: Developer's acknowledgement of obligations. All applications for a City land
development permit shall include the project proponent's signed statement
acknowledging responsibility for structural BMP maintenance, repair and replacement
until the City accepts an alternative mechanism to ensure such maintenance, repair and
replacement.
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SECTION D.
PERMIT REQUIREMENTS FOR
COMMERCIAL ACTIVITIES AND FACILITIES
Table of Contents
Section
Section Title
Paae
1.0 General Considerations ...............................................................................38
1.1 Commercial Facilities and Activities Subject to this Section .....................38
1.2 Responsibilities of Dischargers......................................................................38
1.3 Inspection and Verification..............................................................................39
2.0 General Standards Applicable to All Priority Commercial
Facilities and Activities ...............................................................................40
2.1 Annual Review of Facilities and Activities ....................................................40
2.2 Employee Training ...........................................................................................40
2.3 Pollution Prevention Practices .......................................................................41
2.4 Storm Drain Tileage and Signing...................................................................41
2.5 Materials and Waste Management Areas ....................................................41
2.6 Loading and Unloading Areas........................................................................42
2.7 Vehicles and Equipment Areas......................................................................42
2.8 Outdoor Areas ... ................ ... .................... ... ......... ... ... ... .... ... .......... ...... ............44
3.0 Facility-Specific Standards Applicable to Priority Commercial
Facilities and Activities .....................................................................47
3.1 Motor Vehicle Parking Lots and Storage Facilities .....................................47
3.2 Motor Vehicle Body Repair and Painting......................................................47
3.3 Motor Vehicle and Boat Mechanical Repair, Maintenance, Fueling,
Cleaning, or Washing ......................................................................................48
3.4 Concrete Mixing and Cutting ..........................................................................48
3.5 Eating and Drinking Establishments .............................................................49
3.6 Golf Courses, Parks, and Other Recreational Facilities.............................49
3.7 Landscaping. .................................................................... ................ ... ...... ........50
3.8 Masonry Installation .......... ................. ........... ...... ............ ....... ......... ......... ........50
3.9 Mobile Motor Vehicle Washing.......................................................................51
3.10 Mobile Carpet, Drape, and Furniture Cleaning............................................51
3.11 Nurseries and Greenhouses ..........................................................................52
3.12 Painting and Coating .......................................................................................53
3.13 Pest Control Services......................................................................................54
3.14 Pool and Fountain Cleaning ...........................................................................54
3.15 Portable Sanitary Toilet Servicing .................................................................54
3.16 Retail and Wholesale Fueling ........................................................................56
4.0 Facility Inspections .......................................................................................57
5.0 BMP Alternatives........................................ ............. ....... ................. ... ...... ......58
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1.0-GENERAL CONSIDERATIONS
1.1 COMMERCIAL FACILITIES AND ACTIVITIES SUBJECT TO THIS SECTION
This section establishes BMP requirements for owners and operators of Priority
Commercial Facilities (Priority Facilities) and Activities. These requirements include
three main elements; (1) standard requirements for all Priority Facilities and Activities;
(2) activity-specific requirements for all Priority Facilities and Activities;. and (3)
requirements for specific categories of Priority Facilities and Activities.
A Priority Facility and Activity is defined as "any non-residential facility and activity
engaged in business or commerce, whether for profit or not-for-profit, or publicly or
privately owned that has the potential to result in discharges of non-stormwater or the
discharge of pollutants to stormwater." Residences can be included in this definition if
they are used for significant commercial repair, maintenance, cleaning, manufacturing,
food preparation or painting activities.
BMP requirements applicable to Priority Facilities and Activities are restricted to facilities
and activities within the City Urban Areas. Some activities subject to these requirements
(mobile car washing, pool and fountain cleaning, etc.) are conducted from a myriad of
locations, Le., not solely at a single fixed facility or location. For this reason, Priority
Facilities and Activities include both the facility at which a business is located (e.g., the
home office) and all locations at which operations or activities are conducted.
1.2 RESPONSIBILITIES OF DISCHARGERS
Dischargers are required generally to comply with two inter-related sets of directives: (1)
compliance with applicable discharge prohibition requirements, and (2) implementation
of BMPs to prevent non-stormwater discharges and to reduce contaminants in
stormwater discharges. Regardless of their categorization, all facilities and activities are
subject to the generally applicable BMP requirements of this Manual, as well as the
discharge prohibitions of the Ordinance. Failure to comply with applicable discharge
prohibitions is generally considered evidence of an inadequate BMP program, although
BMPs can also be determined to be inadequate prior to the occurrence of actual
discharges.
The sole responsibility for selecting and implementing BMPs that are adequate to
comply with the requirements of the Ordinance and this Manual lies with the facility
owner or operator. The City recognizes that the proper selection of BMPs depends on
numerous factors that are specific to individual industry types and facilities. The
remainder of this section establishes standards that the City has determined are
necessary to prevent discharges of pollutants to its conveyance system and receiving
waters. In some instances, a wide range of potential BMP options is available to meet
particular standards. In all instances, the City has endeavored to allow the greatest
flexibility in determining the best means of compliance. Ultimately, the suitability of BMPs
will be determined by their success in preventing polluted discharges from leaving the
facility or work site.
In most cases, compliance can be obtained through the use of an effective combination
of source control BMPs. However, in some instances, businesses are required to
implement structural treatment controls.
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1.3 INSPECTION AND VERIFICATION
Under its municipal stormwater permit (MS4 Permit), the City must conduct inspections
of Priority Facilities to verify compliance with its stormwater ordinance and other
applicable laws and regulations. The City may therefore conduct inspections of any or all
of the Priority Facilities described in the MS4 Permit. The City also retains the discretion
to conduct inspections of Non-Priority Facilities as needed to verify compliance with the
Ordinance. All discharge prohibition and BMP requirements described herein are
applicable regardless of whether any facility or activity is subject to City inspections or
any other form of compliance verification. At a minimum, Priority Facilities will be
inspected either annually, biennially (once every two years), or once every five years,
depending on the facility's potential for discharges or threat to water quality. Non-Priority
Facilities may be inspected on an as needed basis. Follow-up inspections may also be
performed to assess the effectiveness of the designated BMPs.
All discharge prohibitions and BMP requirements described herein are applicable
regardless of whether any facility or activity is subject to City inspections or any other
form of compliance verification.
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2.0-GENERAL STANDARDS APPLICABLE TO ALL PRIORITY
COMMERCIAL FACILITIES AND ACTIVITIES
Except as otherwise noted, the standards described in this Section are applicable to all
Priority Commercial Facilities and Activities. The purpose of this section is to establish a
baseline of reasonable, achievable standards that must be met for all Priority Facilities
and Activities. Prescriptive standards are provided for each Priority Facility and Activity
in this Section.
Priority Facilities and Activities include, but are not limited to, businesses in the City
primarily engaged in any of the following activities:
. Motor vehicle parking lots and storage facilities;
. Motor vehicle body repair or painting;
. Motor vehicle mech~nical repair, maintenance, fueling, cleaning or washing;
. Boat, mechanical repair, maintenance, fueling, or cleaning;
. Concrete mixing or cutting;
. Cemeteries;
. Eating or drinking establishments;
. Motorized equipment repair, maintenance, fueling, or cleaning;
. Golf courses, parks and other recreational areas/facilities;
. Landscaping;
. Masonry installation;
. Mobile motor vehicle washing;
. Mobile carpet, drape or furniture cleaning;
. Nurseries and greenhouses;
. Painting and coating;
. Pest control services;
. Pool and fountain cleaning;
. Portable sanitary toilet servicing; or
. Retail or wholesale fueling.
2.1 ANNUAL REVIEW OF FACILITIES AND ACTIVITIES
2.1.1: Priority Facilities and Activities Dischargers shall review their facilities, activities,
operations, and procedures at least annually to detect illicit connections and illegal
discharges.
2.1.2: Illicit connections must be eliminated (even if the connection was established
pursuant to a valid permit and was legal at the time it was constructed), and illegal
discharge practices eliminated.
2.1.3: Corrective training shall be provided as needed (and documented in training
records) whenever an illegal disposal practice is discovered.
2.2 EMPLOYEE TRAINING
2.2.1: Priority Facilities and Activities Dischargers, shall provide training at least
annually to all employees with responsibility for actions required to implement the
standards in this Section, including a Pollution Prevention Plan (if required by the City).
Training shall address notification requirements, inspections, record keeping, illicit
connections and illegal discharge detection. Integration with other existing training
programs is encouraged.
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2.2.2: Documentation of training shall be maintained on-site at the location(s) where
operations or activities are conducted, and shall be provided on request to the City
Engineer.
2.2.3: Training shall be adequate to ensure compliance with the standards established
in the Ordinance. Continued non-compliance by facility employees with any condition of
the Ordinance may be deemed evidence of an inadequate employee-training program.
2.3 POLLUTION PREVENTION PRACTICES
Dischargers shall implement those pollution prevention practices according to the
minimum BMPs designated in this Manual and those that are generally recognized in
that Discharger's industry or business as being effective.
2.4 STORM DRAIN TILEAGE AND SIGNING
The use of storm drain tiles or other labeling is encouraged. Where used, storm drain
tiles and signs should contain a brief statement that prohibits the dumping of improper
materials into the Stormwater Conveyance System, graphical icons, either illustrating
anti-dumping symbols or images of receiving water fauna, are effective supplements to
the anti-dumping message. Naming the receiving water also has proven to increase the
effectiveness of this signage by making it more personal (e.g." NO DUMPING - DRAINS
TO <insert applicable creeklwaterbody>").
2.5 MATERIALS AND WASTE MANAGEMENT AREAS
The following conditions apply to the storage, management, and disposal of hazardous
materials and wastes at Priority Facilities:
(a) Hazardous materials and wastes shall be stored, managed, and disposed in
accordance with applicable federal, state and local laws and regulations.
Hazardous materials and wastes must be stored in secondary containment.
Incompatible materials must be segregated into separate storage areas.
Overhead coverage shall be provided for all outside hazardous materials and
waste storage areas. If overhead coverage is not available, stored materials
shall be covered with an impervious material (e.g., a tarp, etc.). These areas
shall be protected from rain and shall not contain open containers.
(b) Drums and other containers shall be kept in good condition, and shall be kept
securely closed when not in use.
(c) . Spill response materials and equipment shall be maintained and kept readily
accessible, and all employees involved in the storage, management, or
disposal of hazardous materials or wastes shall be trained in their proper use.
(d) Significant spills shall be reported promptly to the City's Stormwater Hotline
(951) 694-6411. Significant spills are those which discharge, or have the
potential to discharge, contaminants directly or indirectly to the Stormwater
Conveyance System or Receiving Waters.
(e) Trash storage and disposal areas shall be kept clean and free of debris.
Dumpsters and other containers shall be maintained in good condition, and
shall be kept closed when not in use. Materials and equipment necessary for
the clean-up of trash and debris shall be maintained and kept readily
accessible. Trash storage and disposal areas shall be inspected at least
weekly. Wet cleaning (hosing, pressure washing, etc.) of trash storage and
disposal areas shall only be allowed if adequate precautions have been taken
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to prevent the discharge of wash water into the Stormwater Conveyance
System or Receiving Waters, or to filter pollutants from the water prior to
discharge.
(f) Secondary containment shall be provided around storage areas from which a
potential exists to discharge materials or wastes to the Stormwater
Conveyance System or Receiving Waters.
(g) Storage areas shall be inspected periodically, including at least once prior to
the rainy season (October 1 - April 30) and monthly during the rainy season.
2.6 LOADING AND UNLOADING AREAS
The following conditions apply to the loading and unloading of significant materials:
(a) Where practicable, loading / unloading of materials shall only be allowed in
designated areas. Loading / unloading areas shall be periodically inspected,
and accumulations of debris, litter, waste, or other materials removed.
(b) Spills and leaks shall be promptly cleaned up and the generated wastes
disposed of properly. Significant spills and hazardous materials shall be
reported promptly to the City's Stormwater Hotline or Engineering Department.
(c) Spill response materials and equipment shall be maintained and kept readily
accessible and all employees conducting loading / unloading activities trained
in their proper use.
(d) Designated loading / unloading areas shall be regularly cleaned using dry
methods (e.g., sweeping, vacuuming, etc.).
(e) Wet cleaning (hosing, pressure washing, etc.) of loading / unloading areas shall
only be allowed if adequate precautions have been taken to prevent the
discharge of wash water into the Stormwater Conveyance System or Receiving
Waters, or to filter pollutants from the water prior to discharge.
(f) Storm drain inlets located within or down gradient of loading / unloading areas
shall be protected to prevent the entry of materials.
(g) Loading / unloading equipment (forklifts, pallet jacks, etc.) shall be maintained
in good condition, and preventive maintenance conducted as necessary to
prevent leaks.
(h) Supplies stored in loading / unloading areas shall be properly maintained to
prevent leaks and spills to the Stormwater Conveyance System or Receiving
Waters, and to prevent their contact with rainfall and run-on.
2.7 VEHICLES AND EQUIPMENT AREAS
2.7.1: The following conditions apply to the fueling of vehicles and equipment:
(a) Precautions shall be taken to prevent spills and leaks during fueling activities.
Significant spills and hazardous materials shall be reported promptly to the
City's Stormwater Hotline or Engineering Department.
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(b) Spill response materials and equipment shall be maintained and kept readily
accessible, and staff conducting fueling activities instructed in their proper use.
(c) Storm drain inlets located within or down gradient of fueling areas shall be
protected (e.g., with an oil-water separator) to prevent the entry of spilled fuel.
(d) Vehicles and equipment shall only be fueled in areas where adequate
precautions have been taken to prevent the entry of spills into the Stormwater
Conveyance System or Receiving Waters. Designated fueling areas are
required.
(e) The retrofitting of existing facilities with structural controls such as low-flow
sumps or oil/water separators shall be considered to prevent the entry of spills
into the Stormwater Conveyance System or Receiving Waters.
2.7.2: The following conditions apply to the maintenance and repair of vehicles and
equipment:
(a) Precautions shall be taken to prevent spills and leaks during maintenance and
repair activities. Significant spills and hazardous materials shall be reported
promptly to the City's Stormwater Hotline or Engineering Department.
(b) Spill response materials and equipment shall be maintained and kept readily
accessible, and staff conducting maintenance and repair activities instructed in
their proper use.
(c) Storm drain inlets located within or down gradient of maintenance and repair
areas shall be protected to prevent the entry of spilled fluids (e.g., fuel, oil,
grease, or antifreeze).
(d) Vehicle and equipment maintenance and repair shall only be conducted in
areas where adequate precautions have been taken to prevent the entry of
spills into the Stormwater Conveyance System or Receiving Waters.
Designated maintenance and repair areas are required.
(e) Maintenance and repair equipment shall be kept clean to avoid the build up of
grease and oil.
(f) Fluids shall be drained from any retired vehicles or equipment stored on site.
(g) Only dry cleaning methods shall be used on maintenance and repair areas
unless adequate precautions have been taken to prevent the discharge of
wash water to the Stormwater Conveyance System or Receiving Waters (e.g.,
the discharge is directed to the sanitary sewer, a sump, etc.).
(h) Drip pans, containers, or other methods of drip and spill containment shall be
utilized at all times during the repair or maintenance of vehicles and equipment.
(i) The retrofitting of existing facilities with structural controls such as low-flow
sumps or oil/water separators shall be considered to prevent the entry of spills
into the stormwater conveyance system or receiving waters.
0) Vehicle maintenance shall be performed within covered areas.
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2.7.3: The following conditions apply to the washing of vehicles and equipment:
(a) Storm drain inlets located within or down gradient of wash areas shall be
protected to prevent the entry of wash water or rinse water.
(b) The introduction of pollutants (soaps, degreasers, etc.) to wash water shall be
reduced or eliminated.
(c) Vehicles and equipment shall only be washed in areas where adequate
precautions have been taken to prevent the entry of wash water and other
contaminants into the Stormwater Conveyance System or Receiving Waters.
Designated wash areas and/or wash racks are required.
(d) Where practicable, wash areas shall drain or be plumbed to the sanitary sewer.
Dischargers are responsible for obtaining all necessary approvals from
sewering agencies prior to connecting or discharging to the sewer. In addition,
oil/water separators will be installed prior to release into sanitary sewers.
(e) Infiltration of wash water or rinse water to pervious surfaces is generally
allowed. However, vehicle wash water or rinse water generated from cleaning
engines, mechanical parts, or heavy equipment may not be infiltrated. A
minimum of ten feet separation between the groundwater and the pervious
surface is required.
(f) Wash waters or rinse waters not discharged to sewer or infiltrated must be
contained for treatment, re-use, or proper disposal.
2.7.4: The following conditions apply to the outdoor storage of equipment:
(a) Drip pans or other methods of spill containment shall be used to prevent the
discharge of materials to the Stormwater Conveyance System or Receiving
Waters.
(b) Spill response materials and equipment shall be maintained and kept readily
accessible.
(c) Significant spills shall be reported promptly to the City's Stormwater Hotline or
Engineering Department.
(d) Long-term stored equipment shall be drained of lubricants and fuels and these
substances properly disposed.
(e) Where practicable, equipment storage areas shall be bermed and covered.
2.8 OUTDOOR AREAS
2.8.1: The following condition applies to rooftop areas:
(a) Materials which may contaminate stormwater shall not be stored on rooftops
unless adequate precautions have been taken to prevent their contact with
stormwater.
(b) Equipment located on rooftops (e.g., emergency generators, HVAC systems,
etc.) shall be periodically inspected, and preventive maintenance conducted as
necessary to prevent leaks and spills.
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(c) Materials and substances (bird droppings, grease, leaves, etc.) that have
accumulated on rooftops shall be periodically inspected and removed as
necessary to prevent or reduce the discharge of contaminants directly or
indirectly to the Stormwater Conveyance System or Receiving Waters.
(d) Where practicable, roof downspouts shall be routed away from work areas.
Unless filtered to remove pollutants, water from downspouts shall be routed
toward pervious areas such as lawns.
2.8.2: The following conditions apply to parking areas:
(a) Parking areas shall be periodically cleaned using dry methods (manual
sweeping, street sweepers, etc.). Wet methods shall only be used where
adequate precautions have been taken to prevent the entry of wash water and
other contaminants into the Stormwater Conveyance System or Receiving
Waters.
(b) Prior to any improvement or expansion project, parking areas shall be
evaluated to establish the level of post-construction BMPs that will meet the
MEP standards. Treatment or infiltration BMPs shall be installed if necessary to
meet the MEP standard. Installed controls shall be inspected and maintained to
ensure their continued proper functioning.
(c) Where practicable, trash containers shall be provided in convenient locations to
discourage littering.
(d) Vehicles stored in parking areas for extended periods shall be periodically
inspected, and leaks and spills cleaned as necessary.
(e) Parking areas shall be periodically inspected, and significant accumulations of
materials and substances (oil, fuel, grease, leaves, etc.) removed. All materials
shall be properly disposed.
(f) Stormwater run-on should be prevented from contacting stored materials and
equipment that may contaminate stormwater through the use of berms, dikes,
or other diversion structures or through the use of measures to elevate waste
from site surfaces.
2.8.3: The following conditions apply to landscaping and grounds keeping conducted at
Facilities:
(a) Precautions shall be taken to prevent spills, leaks, and over-application of
chemical products during landscaping and grounds keeping activities.
Significant spills and spills of hazardous materials shall be reported promptly to
the City's Stormwater Hotline or Engineering Department.
(b) Precautions shall be taken to prevent over-irrigation of landscaped areas.
(c) Pesticides, herbicides, fertilizers, and other chemical products shall be used in
accordance with label directions. These products shall not be disposed to
streets or gutters, but shall be collected and properly disposed.
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(d) Grounds and landscaped areas shall be periodically inspected. Litter, debris,
organic matter (leaves, cut grass, etc.), and other materials with the potential to
contaminate stormwater shall be collected and properly disposed.
(e) Materials and equipment necessary for spill response shall be maintained and
kept readily accessible, and employees trained in their proper use.
(f) The application of pesticides, fertilizers, and other chemical products prior to
irrigation or rainfall is discouraged.
g) Product containers shall be kept in good condition, shall be kept securely
closed when not in use, and shall be stored in a manner that protects them
from contact with stormwater.
h) Protective measures shall be taken to ensure that stored pesticides, fertilizers,
and other chemicals do not contact stormwater.
i) Integrated Pest Management (IPM) practices and other non-chemical pest
control methods (e.g., traps, sticky tape, hot-wire lamps, etc.) shall be
considered where practicable.
j) Exposed slopes shall be stabilized as soon as possible.
k) Paved surfaces such as sidewalks shall be cleaned regularly using dry
methods (e.g., sweeping, vacuuming, etc.). Hosing is permissible only after
surfaces have previously been cleaned using dry methods.
I) Stockpiles shall be covered during windy and rainy conditions.
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3.0-FACILlTY-SPECIFIC STANDARDS APPLICABLE TO
PRIORITY COMMERCIAL FACILITIES AND ACTIVITIES
In addition to the requirements of Section 2.0, the following requirements apply to
specific categories of Priority Commercial Facilities and Activities listed in Section 2.0 for
the activities in which they are primarily engaged.
3.1 MOTOR VEHICLE PARKING LOTS AND STORAGE FACILITIES
In addition to the applicable requirements of Section 2.0, the following conditions apply
to the parking lots and storage facilities:
3.1: Parking facilities shall not be cleaned using wet methods (e.g., hosing, steam
cleaning, pressure-washing, etc.) unless adequate precautions have been taken to
prevent the entry of wash water and other contaminants into the Stormwater
Conveyance System or Receiving Waters.
3.2: Parking areas shall be periodically cleaned using dry methods (e.g., sweeping,
scraping, etc.) to prevent the accumulation of significant materials. Accumulated
materials shall be properly disposed.
3.3: Signs shall be posted which prohibit littering and dumping.
3.4: Vehicle maintenance and repair operations with the potential to release
pollutants are prohibited at commercial parking lots and storage facilities.
3.2 MOTOR VEHICLE BODY REPAIR AND PAINTING
In addition to the applicable requirements of Section 2.0, the following conditions apply
to vehicle body repair and painting:
3.2.1: Bodywork must be conducted indoors or under cover.
3.2.2: Painting work shall be conducted in approved, enclosed areas equipped with
vacuum hoods and filters.
3.2.3: The recycling and re-use of solvents is encouraged.
3.2.4: Work areas shall be periodically cleaned using dry methods (sweeping,
vacuuming, etc.). Wet methods shall only be used where adequate precautions have
been taken to prevent the entry of wash water and other contaminants into the
Stormwater Conveyance System or Receiving Waters.
3.2.5: Spill clean-up kits shall be maintained and kept readily accessible, and
employees trained in their proper use.
3.2.6: As necessary to prevent the entry of pollutants into the Stormwater Conveyance
System or Receiving Waters, designated work areas shall utilize structural controls to (1)
prevent the discharge of spills from the work area, (2) prevent run-on from contacting
work surfaces and pollutants. and (3) prevent rainfall from contacting work surfaces and
pollutants.
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3.3 MOTOR VEHICLE AND BOAT MECHANICAL REPAIR. MAINTENANCE.
FUELING. CLEANING. OR WASHING
In addition to the applicable requirements of Section 2.0, the conditions in this
subsection apply to the repair and maintenance of vehicles and equipment.
3.3.1: Repair and maintenance activities shall be conducted only in designated work
areas.
3.3.2: Repair and maintenance work must be conducted indoors or under cover.
3.3.3: Significant repair and maintenance work on boats may not be conducted over
water.
3.3.4: As necessary to prevent the entry of pollutants into the Stormwater Conveyance
System or Receiving Waters, designated work areas shall utilize structural controls to (1)
prevent the discharge of spills from the work area, (2) prevent run-on from contacting
work surfaces and pollutants, and (3) prevent rainfall from contacting work surfaces and
pollutants.
3.4 CONCRETE MIXING AND CUTTING
In addition to the applicable requirements of Section 2.0, the following conditions apply
to cement mixing and cutting:
3.4.1: Loose aggregate, mortar, and dust shall be routinely cleaned up using dry
methods (e.g., sweeping, vacuuming, etc.). Wet methods may be used if adequate
precautions have been taken to prevent the entry of wash water and other contaminants
into the Stormwater Conveyance System or Receiving Waters. All materials shall be re-
used, recycled, or properly disposed.
3.4.2: Storage of cement shall be covered.
3.4.3: Gutters, alleys, streets, and sidewalks should be swept rather than hosed.
3.4.4: Slurries should be diverted to a collection area or sedimentation basin, and
shoveled or vacuumed daily. Slurries may not be disposed to the Stormwater
Conveyance System or Receiving Waters under any circumstances. The Stormwater
Conveyance System includes driveways, streets, and gutters.
3.4.5: Portland concrete cement and asphalt concrete waste should not be allowed to
enter storm drains or watercourses.
3.4.6: Portland concrete cement and asphalt concrete waste should be collected and
properly disposed of outside the highway right of way, or placed in a temporary concrete
washout facility.
3.4.7: A sign should be installed adjacent to each temporary concrete washout facility
to inform concrete equipment operators to utilize the proper facilities.
3.4.8: Below grade concrete washout facilities are typical. Above grade facilities are
used if excavation is not practical.
3.4.9: Rinsate must be confined to a designated area (e.g., to sanitary sewer with
approval from the local sewer agency, a dead-end sump, process treatment system, or a
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designated drying area where water percolates/evaporates and solids are removed for
disposal and collected). Rinsate and solids must be re-used, recycled, or properly
disposed.
3.5 EATING AND DRINKING ESTABLISHMENTS
In addition to the applicable requirements of Section 2.0, the following conditions apply
to eating and drinking establishments:
3.5.1: Dumpsters and grease bin areas shall be kept securely closed when not in use,
and shall be inspected and cleaned regularly. Leaking dumpsters shall be repaired or
replaced as soon as possible.
3.5.2: Parking areas and other outside surfaces shall be routinely cleaned using dry
methods (e.g., sweeping, etc.) to prevent the accumulation of significant materials.
Accumulated materials shall be properly disposed.
3.5.3: Parking areas and other surfaces shall not be cleaned using wet methods (e.g.,
hosing, steam-cleaning, pressure-washing, etc.) unless adequate precautions have been
taken to prevent the entry of wash water and other contaminants into the Stormwater
Conveyance System or Receiving Waters.
3.5.4: Outdoor grease interceptors shall be properly maintained, and routinely
inspected to ensure their proper functioning. Any problems noted shall be corrected as
soon as possible.
3.5.5: Equipment (mats, grease filters, etc.) shall not be washed in areas where wash
water or rinse water will drain to the Stormwater Conveyance System or Receiving
Waters. Dischargers are responsible for obtaining all necessary approvals from sewering
agencies prior to discharging to the sewer.
3.5.6: As necessary to prevent the entry of pollutants into the Stormwater Conveyance
System or Receiving Waters, designated work areas shall utilize structural controls to (1)
prevent the discharge of spills from the work area, (2) prevent run-on from contacting
work surfaces and pollutants, and (3) prevent rainfall from contacting work surfaces and
pollutants.
3.6 GOLF COURSES. PARKS. AND OTHER RECREATIONAL FACILITIES
In addition to the applicable requirements of Section 2.0, the following conditions apply
to golf courses, parks, and other recreational facilities:
3.6.1: The requirements of Eating and Drinking Establishments apply to golf courses,
parks, and other recreational facilities.
3.6.2: The requirements of Pest Management apply to golf courses, parks, and other
recreational facilities.
3.6.3: The requirements of Landscaping apply to golf courses, parks, and other
recreational facilities.
3.6.4: As necessary to prevent the entry of pollutants into the Stormwater Conveyance
System or Receiving Waters, designated work areas shall utilize structural controls to (1)
prevent the discharge of spills from the work area, (2) prevent run-on from contacting
work surfaces and pollutants, and (3) prevent rainfall from contacting work surfaces and
pollutants.
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3.7 LANDSCAPING
In addition to the applicable requirements of Section 2.0, the following conditions apply
to landscaping activities:
3.7.1: Pesticides, fertilizers and other chemical products shall be used in accordance
with applicable federal, state, and local laws and regulations.
3.7.2: Pesticides, fertilizers and other chemical products shall be stored in closed,
labeled containers, under cover and off the ground.
3.7.3: Landscaping waste shall be properly disposed by composting on-site or at an
approved composting location or permitted landfill.
3.7.4: Stockpiles shall be placed away from watercourses, bermed, and covered to
prevent the release of materials to the Stormwater Conveyance System or Receiving
Waters.
3.7.5: Where practicable, native vegetation shall be retained or planted to reduce water,
fertilizer and pesticide needs.
3.7.6: Areas where work is being actively conducted shall be routinely cleaned up using
dry methods (e.g., sweeping, raking, etc.). Wet methods (e.g., hosing, etc.) may only be
used if adequate precautions have been taken to prevent the discharge of wash water or
other materials to the Stormwater Conveyance System or Receiving Waters.
3.7.7: The use of blowers is permitted so long as materials are collected and properly
disposed. Leaving blown materials in the Stormwater Conveyance System or Receiving
Waters is a violation of the Ordinance. The Stormwater Conveyance System includes
driveways, streets, and gutters.
3.7.8: Measures shall be taken to reduce or eliminate landscaping and irrigation runoff.
Examples of practices include proper irrigation programming, programming shorter
irrigation cycle times, and decreasing frequency after the application of fertilizers and
pesticides.
3.7.9: Fertilizers and pesticides shall not be applied prior to storm events. These
products may not be applied during storm events.
3.8 MASONRY INSTALLATION
In addition to the applicable requirements of Section 2.0, the following conditions apply
to masonry operations:
C.8.1: Storm drain inlets located within or down gradient of work areas shall be covered
or otherwise protected to prevent the entry of wash water or other materials.
C.8.2: Work areas shall be routinely cleaned using dry methods (e.g., sweeping, etc.).
C.8.3: Work areas shall not be cleaned using wet methods (e.g., hosing, steam
cleaning, pressure-washing, etc.) unless adequate precautions have been taken to
prevent the entry of wash water and other contaminants into the Stormwater
Conveyance System or Receiving Waters.
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C.8.4: Wash water shall be diverted from storm drains, and directed to sanitary sewer or
landscaping, where approved.
C.8.5: Materials shall be covered (e.g., with a tarp) and stored above ground to prevent
contact with stormwater.
C.8.6: Stockpiles of sand shall be kept out of drainage systems. Prior to the onset of
predicted rain, stockpiles shall be covered and bermed to prevent contact with
stormwater.
3.9 MOBILE MOTOR VEHICLE WASHING
In addition to the applicable requirements of Section 2.0, the following conditions apply
to mobile vehicle washing:
3.9.1: Wash water and rinse water may not be disposed to the Stormwater Conveyance
System or Receiving Waters under any circumstances. The Stormwater Conveyance
System includes driveways, streets, and gutters.
3.9.2: Storm drain inlets located within or down gradient of wash areas shall be covered
or otherwise protected to prevent the entry of wash water or rinse water.
3.9.3: Vehicles shall be washed over porous surfaces such as lawns and gravel areas
where feasible.
3.9.4: Wash water and rinse water may be infiltrated or disposed to the ground (e.g.,
soaked into a lawn or landscaped area, etc.) if adequate precautions have been taken to
prevent the entry of wash water and other contaminants into the Stormwater
Conveyance System or Receiving Waters.
3.9.5: Wash water and rinse water that cannot be properly disposed at a job site shall
be collected and contained for recycling, re-use, or proper disposal (e.g., sanitary sewer,
etc.). Dischargers are responsible for obtaining all necessary approvals from sewering
agencies prior to discharging to the sewer.
3.9.6: The use of hose off or single use engine degreasing chemicals is prohibited,
unless captured and properly disposed.
3.9.7: Where practicable, the introduction of pollutants (soaps, degreasers, etc.) to
wash water shall be reduced or eliminated.
3.9.8: Dry cleaning methods are encouraged.
3.10 MOBILE CARPET. DRAPE. AND FURNITURE CLEANING
In addition to the applicable requirements of Section 2.0, the following conditions apply
to mobile carpet, drape, and furniture cleaning:
3.10.1: Wastewater may not be disposed to the Stormwater Conveyance System or
Receiving Waters under any circumstances. The Stormwater Conveyance System
includes driveways, streets, and gutters.
3.10.2: Wastewater may not be infiltrated or disposed to the ground.
3.10.3: Wastewater must be disposed to the sanitary sewer with approval from the local
sewer agency at the job site, or to a holding tank. Wastewater contained in holding tanks
-51 -
must be disposed to the sanitary sewer at company headquarters or at an approved
location. Dischargers are responsible for obtaining all necessary approvals from
sewering agencies prior to discharging to the sewer.
3.10.4: Tanks, hoses, and fittings must be maintained in leak-proof condition.
3.11 NURSERIES AND GREENHOUSES
In addition to the applicable requirements of Section 2.0, the following conditions apply
to nurseries and greenhouses:
3.11.1: Product containers shall be kept in good condition, shall be kept securely closed
when not in use, and shall be stored in a manner that protects them from contact with
stormwater.
3.11.2: Integrated Pest Management (IPM) practices and other non-chemical pest
control methods (e.g., traps, sticky tape, hot-wire lamps, etc.) shall be considered where
practicable.
3.11.3: Nozzles, emitters, and other application equipment shall be maintained in good
working condition.
3.11.4: Pesticides, fertilizers, and other chemical products shall be used and disposed in
accordance with applicable federal, state, and local laws and regulations.
3.11.5: Pesticides, fertilizers, and other chemical products shall be applied and disposed
in accordance with label instructions and material safety data sheet(s).
Do not over-apply fertilizers and pesticides. Prepare only the amount needed. Follow
strictly the recommended usage instructions. Apply surface dressings in smaller
applications, as opposed to one large application, to allow time for it to work in and to
avoid excess materials being carried off-site by runoff.
3.11.6: Pesticides, fertilizers and other chemical products shall be stored in closed,
labeled containers, under cover and off the ground.
3.11.7: Appropriate methods (e.g., timed application, combination slow-release and
constant liquid fertilizer, etc.) shall be utilized to reduce excessive fertilization.
3.11.8: Where practicable, low volume watering methods (e.g., drip-, sub-, and pulse-
irrigation, etc.) shall be used to minimize the potential for excess flows.
3.11.9: Where practicable, tail-water recovery systems or subsurface drains shall be
used to recycle irrigation water.
3.11.10: Stockpiles shall be placed away from watercourses, bermed, and covered to
prevent the release of materials to the Stormwater Conveyance System or Receiving
Waters.
3.11.11: Areas where work is being actively conducted shall be routinely cleaned up
using dry methods (e.g., sweeping, raking, etc.). Wet methods (e.g., hosing, etc.) may
only be used if adequate precautions have been taken to prevent the discharge of wash
water or other materials to the Stormwater Conveyance System or Receiving Waters.
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3.11.12: Weather conditions and irrigation schedules shall be considered prior to the
outdoor application of fertilizers and pesticides. Tthese products shall not be applied
outdoors prior to rainfall. Their outdoor application during rainfall is prohibited.
3.11.13: As necessary to prevent the entry of pollutants into the Stormwater Conveyance
System or Receiving Waters, designated work areas shall utilize structural controls to (1)
prevent the discharge of spills from the work area, (2) prevent run-on from contacting
work surfaces and pollutants, and (3) prevent rainfall from contacting work surfaces and
pollutants.
3.12 PAINTING AND COATING
In addition to the applicable requirements of Section 2.0, the following conditions apply
to painting and coating activities:
3.12.1: When not in use, paints, coatings, and solvents shall always be stored under
cover and in a contained area.
3.12.2: Containers shall be kept in good condition, and shall be kept securely closed
when not in use.
3.12.3: Where practicable, work areas shall be enclosed in a building, or with tarping or
plastic sheeting to prevent drift.
3.12.4: Storm drain inlets located within or down gradient of areas where painting or
coating are conducted shall be covered or otherwise protected to protect them from dust,
chips, and rinsate during hours of operation.
3.12.5: Areas where painting and coating work is being actively conducted shall be
cleaned daily using dry methods (e.g., sweeping, wiping, vacuuming, etc.). Wet methods
(e.g., hosing,etc.) may only be used if adequate precautions have been taken to prevent
the discharge of wash water to the Stormwater Conveyance System or Receiving
Waters.
3.12.6: Drop cloths and drip pans shall be used in mixing areas.
3.12.7: Paints, coatings, thinners, and other materials shall not be disposed to the
Stormwater Conveyance System or Receiving Waters. The Stormwater Conveyance
System includes driveways, streets, and gutters.
3.12.8: Water-based paints may be disposed to the sanitary sewer. Dischargers are
responsible for obtaining all necessary approvals from sewering agencies prior to
discharging to the sewer.
3.12.9: Filtering, re-use, and recycling of thinners and other solvents is encouraged. All
materials must be properly disposed.
3.12.10: Materials and equipment necessary for spill response shall be maintained and
kept readily accessible, and all employees involved in painting or coating activities
trained in their proper use.
3.12.11: Significant spills and spills of hazardous materials shall be reported promptly to
the City's Stormwater Hotline or Engineering Department. Significant spills are those
which discharge, or have the potential to discharge, contaminants directly or indirectly to
the Stormwater Conveyance System or Receiving Waters. Spills which have been
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completely contained and cleaned up on-site are not considered significant unless they
pose a threat to human health or safety.
3.13 PEST CONTROL SERVICES
In addition to the applicable requirements of Section 2.0, the following conditions apply
to pest control services:
3.13.1: Pest control applicators must be supervised by a currently certified Qualified
Applicator Licensee.
3.13.2: Pesticides and other chemical products shall be applied and disposed in
accordance with label instructions and material safety data sheet(s).
3.13.3: Pesticides and other chemical products shall be used and disposed in
accordance with applicable federal, state, and local laws and regulations.
3.13.4: Pesticides and other chemical products shall be stored in closed, labeled
containers, under cover and off the ground.
3.13.5: Weather conditions shall be considered prior to the outdoor application of
pesticides and other chemical products. These products shall not be applied outdoors
prior to a predicted rainfall. Their outdoor application during rainfall is prohibited.
3.13.6: Precautions shall be taken during the application of pesticides and other
chemical products to prevent drift into non-target areas or onto non-target vegetation,
insects, or animals.
3.13.7: Pesticide use shall be reduced to the MEP in areas where recurring applications
of pesticides are needed.
3.14 POOL AND FOUNTAIN CLEANING
In addition to the applicable requirements of Section 2.0, the following conditions apply
to pool and fountain cleaning:
3.14.1: Chemicals shall be stored in leak-proof containers and under cover.
3.14.2: Backwash wastewater may not be discharged to the Stormwater Conveyance
System or Receiving Waters. Acceptable disposal options include the following: (1)
discharge to sanitary sewer, (2) allowing infiltration to the soil, (3) discharging to a
holding tank or settling pond.
3.14.3: Pool and fountain water must be dechlorinated to less than 1.0 ppm free chlorine
prior to discharge. Chlorinated Discharge to the Stormwater Conveyance System is
prohibited.
3.14.4: Pool water discharged after acid washing must be neutralized to a pH of 7.2-8.0.
Discharge to the Stormwater Conveyance System is discouraged.
3.15 PORTABLE SANITARY TOILET SERVICING
In addition to the applicable requirements of Section 2.0, the following conditions apply
to portable sanitary toilet servicing:
3.15.1: Rinse water from the cleaning of closets may not be disposed to the Stormwater
Conveyance System or Receiving Waters.
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3.15.1: If rinse water cannot be properly disposed at a job site, it must be contained for
proper disposal.
3.15.2: Paper trash shall be removed prior to cleaning closets.
3.15.3: Service facility wash areas must have perimeter control and properly slope to a
grated floor drain.
3.15.4: Service facility wash areas shall be drained to the sanitary sewer or to a holding
tank. Dischargers are responsible for obtaining all necessary approvals from sewering
agencies prior to discharging to the sewer.
3.15.5: Service facility wash area surfaces shall be kept clean and maintained in good
condition.
3.15.6: Materials and equipment necessary for spill response shall be maintained and
kept readily accessible, and all employees conducting cleaning of closets trained in their
proper use.
3.15.7: Hoses, couplings, tanks, etc., shall be maintained in good condition to prevent
leaks or spills.
3.15.8: Closets shall be located away from Stormwater Conveyances and Receiving
Waters and away from high vehicular traffic areas.
3.15.9: Closets shall be posted or otherwise labeled to encourage reporting of needed
cleaning or repair.
3.16 RETAIL AND WHOLESALE FUELING
In addition to the applicable requirements of Sections 1.0 and 2.0, the following
conditions apply to the fueling of vehicles and equipment:
3.16.1: Permanent fueling areas shall be under permanent cover.
3.16.2: Where practicable, all storm drain inlets shall be connected to an oil/water
separatorand to the sanitary sewer.
3.16.3: Fueling and parking areas shall be periodically inspected, and significant
accumulations of materials and substances (oil, fuel, grease, etc.) removed. All materials
shall be properly disposed.
3.16.4: Only dry cleaning methods shall be used on fueling and parking areas unless
adequate precautions have been taken to prevent the discharge of wash water to the
Stormwater Conveyance System or Receiving Waters (e.g., the discharge is directed to
the sanitary sewer, a sump, etc.).
3.16.5: Spill clean-up kits shall be maintained and kept readily accessible, and
employees trained in their proper use. Absorbents and other materials used to clean
spills shall be collected and properly disposed.
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3.16.6: As necessary to prevent the entry of pollutants into the Stormwater Conveyance
System or Receiving Waters, designated work areas shall utilize structural controls to (1)
prevent the discharge of spills from the work area, (2) prevent run-on from contacting
work surfaces and pollutants, and (3) prevent rainfall from contacting work surfaces and
pollutants.
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4.0-FACILlTY INSPECTIONS
Under its municipal stormwater permit (MS4 Permit), the City must conduct inspections
of Priority Facilities to verify compliance with its stormwater ordinance and other
applicable laws and regulations. The City may therefore conduct inspections of any or all
of the Priority Facilities described in the MS4 Permit. The City also retains the discretion
to conduct inspections of Non-Priority Facilities as needed to verify compliance with the
Ordinance. All discharge prohibition and BMP requirements described herein are
applicable regardless of whether any facility or activity is subject to City inspections or
any other form of compliance verification. At a minimum, Priority Facilities will be
inspected either annually, biennially (once every two years), or once every five years,
depending on the facility's potential for discharges or threat to water quality. Non-Priority
Facilities may be inspected on an as needed basis. Follow-up inspections may also be
performed to assess the effectiveness of the designated BMPs.
All discharge prohibition and BMP requirements described herein are applicable
regardless of whether any facility or activity is subject to City inspections or any other
form of compliance verification.
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S.O-BMP ALTERNATIVES
The particular BMPs and BMP options prescribed in this Section can be replaced with
alternative BMPs that are at least as effective in preventing or reducing the discharge of
pollutants and in meeting the other requirements of the Ordinance. The cost of the BMP
may be considered in making this determination, but alternative selections may not be
made solely on the basis of economic feasibility.
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SECTION E.
PERMIT REQUIREMENTS FOR
INDUSTRIAL ACTIVITIES AND FACILITIES
Table of Contents
Section
Section Title
Paae
1.0 General Considerations ...............................................................................60
1.1 Industrial Facilities and Activities Subject to this Section ..........................60
1.2 Responsibilities of Dischargers......................................................................60
1.3 Inspection and Verification..............................................................................60
2.0 General Standards Applicable to All Priority Industrial
Facilities and Activities ................................................................................62
2.1 Annual Review of Facilities and Activities .............................................62
2.2 Employee Training ................................................................................62
2.3 Compliance with the Requirements of Priority
Commercial Facilities ....... .................................................................... 63
2.4 Notice of Intent (NOI) / Waste Discharge Identification '
Number (WDI D) .. .............................. ................................................... 63
2.5 Stormwater Pollution Prevention Plans (SWPPPs) ..............................63
2.6 Best Management Practice (BMP) Requirements .................................63
2.7 Monitoring Requirements ......................................................................65
3.0 Facility Inspections .......................................................................................66
4.0 Alternatives to Required BMPs ..................................................................67
4.1 Alternative BMPs .......... ........... ......... .......................... ....... ............. ............... ...67
4.2 Waiver of Structural BMP Requirements......................................................67
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1.0-GENERAL CONSIDERATIONS
1.1 INDUSTRIAL FACILITIES AND ACTIVITIES SUBJECT TO THIS SECTION
This section establishes BMP requirements for owners and operators of Priority
Industrial Facilities (Priority Facilities) and Activities that are in addition to those already
established for Priority Commercial Facilities and Activities in this Manual. As a rule,
Priority Industrial Facilities are, at a minimum, required to meet all standards that are
applicable to Priority Commercial Facilities and Activities. However, Industrial Facilities
must also meet additional requirements that reflect the higher threat to water quality of
industrial activities.
An Industrial Priority Facility includes any facility meeting one or more of the following
criteria:
> Is subject to the State General Industrial Stormwater Permit; or
> Is primarily engaged in manufacturing, processing, storage or handling of raw
materials, processed materials, or refuse;
1.2 RESPONSIBILITIES OF DISCHARGERS
Dischargers are required generally to comply with two inter-related sets of directives: (1)
compliance with applicable discharge prohibition requirements, and (2) implementation
of BMPs to prevent non-stormwater discharges and to reduce contaminants in
stormwater discharges. Regardless of their categorization, all facilities and activities are
subject to the generally applicable BMP requirements of this Manual, as well as the
discharge prohibitions of the Ordinance. Failure to comply with applicable discharge
prohibitions is generally considered evidence of an inadequate BMP program, although
BMPs can also be determined to be inadequate prior to the occurrence of actual
discharges.
The sole responsibility for selecting and implementing BMPs that are adequate to
comply with the requirements of the Ordinance and this Manual lies with the facility
owner or operator. The City recognizes that the proper selection of BMPs depends on
numerous factors that are specific to individual industry types and facilities. The
remainder of this section establishes standards that the City has determined are
necessary to prevent discharges of pollutants to its conveyance system and receiving
waters. In some instances, a wide range of potential BMP options is available to meet
particular standards. In all instances, the City has endeavored to allow the greatest
flexibility in determining the best means of compliance. Ultimately, the suitability of BMPs .
will be determined by their success in preventing polluted discharges from leaving the
facility or work site.
In most cases, compliance can be obtained through the use of an effective combination
of source control BMPs. However, in some instances, businesses will be required to
implement structural treatment controls.
1.3 INSPECTION AND VERIFICATION
Under its municipal stormwater permit (MS4 Permit), the City must conduct inspections
of Priority Facilities to verify compliance with its stormwater ordinance and other
applicable laws and regulations. The City may therefore conduct inspections of any or all
of the Priority Facilities described in the MS4 Permit. The City also retains the discretion
to conduct inspections of Non-Priority Facilities as needed to verify compliance with the
Ordinance. All discharge prohibition and BMP requirements described herein are
applicable regardless of whether any facility or activity is subject to City inspections or
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any other form of compliance verification. At a minimUm, Priority Facilities will be
inspected either annually, biennially (once every two years), or once every five years,
depending on the facility's potential for discharges or threat to water quality. Non-Priority
Facilities may be inspected on an as needed basis. Follow-up inspections may also be
performed to assess the effectiveness of the designated BMPs.
All discharge prohibitions and BMP requirements described herein are applicable
regardless of whether any facility or activity is subject to City inspections or any other
form of compliance verification.
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2.0-GENERAL STANDARDS APPLICABLE TO ALL PRIORITY
INDUSTRIAL FACILITIES AND ACTIVITIES
Except as otherwise noted, the standards described in this Section are applicable to all
Priority Industrial Facilities and Activities. The purpose of this Section is to establish a
baseline of reasonable, achievable standards that must be met for all Priority Facilities
and Activities. Prescriptive standards are provided for each Priority Facility and Activity
in this Section.
Priority Facilities and Activities include, but are not limited to, businesses in the city
primarily engaged in ay of the following activities:
~ Industrial facilities, as defined at 40CFR 122.26(b)(14), including those subject to
the General Industrial Permit;
~ Operating and closed municipal landfills;
~ Facilities subject to SARA Title III;
~ Hazardous waste treatment, disposal, storage and recovery facilities;
~ All other facilities tributary to a CWA section 303(d) impaired water body, where a
facility generates pollutants for which the water body is impaired; and
~ All other facilities that the City determines may contribute a significant pollutant
load to the MS4.
2.1 ANNUAL REVIEW OF FACILITIES AND ACTIVITIES
2.1.1: Priority Facilities Dischargers shall review their facilities, activities, operations,
and procedures at least annually to detect illicit connections and illegal discharges.
2.1.2: Illicit connections must be eliminated (even if the connection was established
pursuant to a valid permit and was legal at the time it was constructed), and illegal
discharge practices eliminated.
2.1.3: Corrective training shall be provided as needed (and documented in training
records) whenever an illegal disposal practice is discovered.
2.1.4 Dischargers required by state law to obtain coverage under the State Industrial
General Stormwater Permit shall obtain that coverage, and shall maintain on site and
make available for inspection on request by the City the state-issued Waste Discharge
Identification Number (WDID) for the facility, and a copy of the Notice of Intent (NOI)
filed with the SWRCB pursuant to that permit.
2.2 EMPLOYEE TRAINING
2.2.1: Priority Facilities Dischargers shall provide training at least annually to all
employees with responsibility for actions required to implement the standards in this
Section, including the SWPPP, if required by the State. Training shall address
notification requirements, inspections, record keeping, illicit connections and illegal
discharge detection. Integration with other existing training programs is encouraged.
2.2.2: Documentation of training shall be maintained on-site at the location(s) where
operations or activities are conducted, and shall be provided on request to City
Authorized Enforcement Officials.
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2.2.3: Training shall be adequate to ensure compliance with the standards established
in this Ordinance. Continued non-compliance by facility employees with any condition of
this Ordinance may be deemed evidence of an inadequate employee-training program.
2.3 COMPLIANCE WITH THE REQUIREMENTS OF PRIORITY COMMERCIAL
FACILITIES
Unless specifically exempted, either individually or categorically, Priority Industrial
facilities must meet, at a minimum, the applicable minimum BMP requirements of Priority
Commercial Facilities.
2.4 NOTICE OF INTENT (NOll/ WASTE DISCHARGE IDENTIFICATION NUMBER
(WOlD)
Priority Facilities required to comply with the State Industrial General Stormwater Permit
shall maintain onsite and make available for inspection upon request by the City the
state-issued Waste Discharge Identification Number (WDID) for the facility, and a copy
of the Notice of Intent (NOI) filed with the SWRCB pursuant to that permit.
2.5 STORMWATER POLLUTION PREVENTION PLANS (SWPPPs)
2.5.1: Dischargers required to prepare a Stormwater Pollution Prevention Plan
(SWPPP) under the State General Industrial Stormwater Permit must prepare and
submit that Plan to the SWRCB as soon as possible. The Discharger must implement
the Plan, and maintain it at the site readily available for review.
2.5.2: If a Priority Facility is not required to prepare a State SWPPP, the facility shall
still prepare an equivalent Pollution Prevention Plan for the site, implement the Pollution
Prevention Plan, and maintain it on site. Any Industrial Pollution Prevention Plan shall
meet the requirements of the State General Industrial Stormwater Permit.
2.5.3: The development and implementation of Pollution Prevention Plans is
encouraged for all Regulated Industrial Facilities. Business operators are responsible for
demonstrating compliance with all applicable provisions of the Ordinance and this
Manual.
2.6 BEST MANAGEMENT PRACTICE (BMP) REQUIREMENTS
Best Management Practice (BMP) programs for Priority Facilities must incorporate each
of the following elements:
~ Activity-specific BMPs,
~ Pollution prevention practices,
~ Non-structural BMPs, and
~ Structural controls
2.6.1: Activitv-Soecific BMPs. Priority Facilities shall install and maintain BMPs as
specified in this Manual for areas at the facility where industrial activities are conducted.
The types of industrial activities that must be considered are as follows:
~ Raw or processes materials bulk storage,
~ Mixing, where there is a potential for release of a pollutant,
~ Cutting, trimming or grinding in connection with a production process,
~ Casting, forging or forming,
~ Hazardous materials storage (including tanks),
~ Construction, painting and coating,
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)>> Pesticide or other chemical products formulation or packaging,
)>> Process water pre-treatment,
)>> Welding,
)>> Blasting,
)>> Chemical treatment, and
)>> Power washing.
At a minimum, the BMP requirements established for Priority Commercial Facilities shall
apply to Priority Industrial Facilities. Dischargers are responsible, as part of their SWPPP
or Pollution Prevention Plan development, to review their facilities and identify industrial
activities that are conducted at their sites. Based on this review, BMPs that are
appropriate to these activities must be identified and implemented. Where possible,
practices that are recognized as being effective for the particular industry should be
utilized.
2.6.2: Pollution Prevention Practices. Priority Facilities shall consider and, where
determined to be appropriate by the facility, implement pollution prevention practices. At
a minimum, the following types of pollution prevention measures must be considered:
)>> The use of smaller quantities of toxic materials or substitution of less toxic
materials;
)>> Changes to production processes to reduce waste;
)>> Decreases in waste water flows;
)>> Recycling of wastes as part of the production process;
)>> Segregation of wastes, and
)>> Treatment of wastes on site to decrease volume and/or toxicity.
2.6.3: Non-structural BMPs. Priority Facilities shall incorporate into their SWPPPs or
Pollution Prevention Plans, and install and maintain,the following non-structural BMPs in
accordance with the specifications of this Manual:
)>> Best management practices for material handling and storage of significant
materials,
)>> Best management practices for non-hazardous waste handling and recycling,
)>> Employee training programs,
)>> Good housekeeping practices,
)>> Preventive maintenance practices,
)>> Self inspection and quality assurance practices, and
)>> Spill responses planning.
2.6.4: Structural Controls. Priority Facilities shall incorporate into their SWPPPs or
Pollution Prevention Plans, and install and maintain, one or more of the following
structural BMPs where practicable if the use of such BMPs would significantly reduce
pollution in run-off from the facility:
)>> Overhead coverage of outdoor work areas or chemical storage,
)>> Retention ponds, basins, or surface impoundments that confine stormwater to
the site,
)>> Berms and concrete swales or channels that divert run-on and runoff away from
contact with pollutant sources,
)>> Secondary containment structures, and
)>> Treatment controls, e.g., infiltration devices and oil/water separators, to reduce
pollutants in stormwater or authorized non-stormwater discharges.
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The City may waive requirements for some structural controls under specified
conditions.
2.7 MONITORING REQUIREMENTS
2.7.1: Dischargers owning or operating Priority Facilities, and required to conduct
monitoring under the State Industrial General Stormwater Permit, shall make records of
such monitoring available for inspection, and submit a copy of such records to the City if
directed to do so by an Authorized Enforcement Official or Authorized Enforcement Staff.
The City may direct that records be submitted in a specified electronic format.
2.7.2: Dischargers owning or operating manned Priority Facilities that are not required
to conduct monitoring under the State Industrial General Stormwater Permit, and which
would not qualify for an exemption from monitoring under the terms of that permit, must
still develop and implement a monitoring program that meets the requirements of the
State General Permit.
2.7.3: State exceptions from monitoring requirements are applicable to those of the
City.
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3.0-FACILlTY INSPECTIONS
Under its municipal stormwater permit (MS4 Permit), the City must conduct inspections
of Priority Facilities to verify compliance with its stormwater ordinance and other
applicable laws and regulations. The City may therefore conduct inspections of any or all
of the Priority Facilities described in the MS4 Permit. The City also retains the discretion
to conduct inspections of Non-Priority Facilities as needed to verify compliance with the
Ordinance. All discharge prohibition and BMP requirements described herein are
applicable regardless of whether any facility or activity is subject to City inspections or
any other form of compliance verification. At a minimum, Priority Facilities will be
inspected either annually, biennially (once every two years), or once every five years,
depending on the facility's potential for discharges or threat to water quality. Non-Priority
Facilities may be inspected on an as needed basis. Follow-up inspections may also be
performed to assess the effectiveness of the designated BMPs.
All discharge prohibition and BMP requirements described herein are applicable
regardless of whether any facility or activity is subject to City inspections or any other
form of compliance verification.
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4.0-AL TERNATIVES TO REQUIRED BMPs
4.1 ALTERNATIVE BMPs
The particular BMPs and BMP options prescribed in this Section can be replaced with
alternative BMPs that are at least as effective in preventing or reducing the discharge of
pollutants and in meeting the other requirements of the Ordinance. The cost of the BMP
may be considered in making this determination, but alternative selections may not be
made solely on the basis of economic feasibility.
4.2 WAIVER OF STRUCTURAL BMP REQUIREMENTS
The City may at its discretion waive the structural BMP requirements for a facility or
portion of a facility for which "no exposure" circumstances have been demonstrated. The
City may accept No Exposure Certification under the State General Industrial
Stormwater Permit as acceptable evidence of no exposure conditions,. providing the
conditions of that certification are maintained and documentation provided to the City as
requested. For Priority Industrial Facilities that are not subject to the State General
Industrial Stormwater Permit, the City may accept No Exposure Certifications in the
same form as under the State General Industrial Stormwater Permit as acceptable
evidence of no exposure conditions, providing the conditions of that certification are
maintained and documentation provided to the City as requested.
In any instance where structural BMP requirements are waived, the discharge prohibition
requirements, the minimum BMP requirements, and all non-structural BMP
requirements, including pollution prevention, will continue to apply. Inspection and
monitoring requirements are also not affected.
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SECTION F.
RESOURCES AND REFERENCES
Reference BMP Drawinas
1. City of Temecula Municipal Code, Chapter 8.28.
2. Environmental Protection Agency - Office of Water - Post-Construction Stormwater
Management in New Development and Redevelopment -BMP individual Fact
Sheets, availableon the U.S. EPA web site:
Structural BMPs Ponds, Dry extended detention ponds, Wet ponds; Infiltration
practices;
Infiltration basin, Infiltration trench, Porous pavement; Filtration practices;
Bioretention, Sand and organic filters; Vegetative practices; Stormwater
wetland, Grassed swales, Grassed filter strip; Runoff pretreatment practices;
Catch basins/Catch basin insert, Inline storage, Manufactured products for
stormwater inlets
Nonstructura/ BMPs Experimental practices; Alum injection; On-lot Treatment;
Better site design; Buffer zones; Open space design, Urban forestry,
Conservation easements, Infrastructure planning, Narrower residential streets,
Eliminating curbs and gutters, Green parking, Alternative turnarounds,
Alternative pavers, BMP inspection and maintenance
Additional BMP Fact Sheets: Bioretention, Hydrodynamic Separators,
Infiltration Drainfields, Infiltration Trench, Modular Treatment System, Porous
Pavement, Sand Filters, Stormwater Wetlands, Vegetative Swales, Water
Quality Inlets, Wet Detention Ponds.
3. CAL TRANS (as previously referenced)
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- . -
ITEM 25
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE*-
CITY MANAGER r;J
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Peter M. Thorson, City Attomey
DATE: June 28, 2005
SUBJECT: Litigation Involving Roadway Solicitation Ordinances
RECOMMENDATION: Receive and File.
DISCUSSION: Many cities in Southern California have adopted ordinances prohibiting solicitation of
employment, business or contributions from persons in vehicles on a roadway. These ordinances
are generally similar to the following ordinance from the City of Glendale:
"No person shall stand in or on any public street, roadway, curb, parkway, alley,
highway, and driveway, and solicit or attempt to solicit, employment, business or
contributions of money or other property from the occupant of any vehicle while that
vehicle is located on any public street, roadway, alley, highway or driveway and not
lawfully parked within, or immediately adjacent to, any Industrial or Commercial Zone
within the City." (Glendale Municipal Code 39.17.030)
The basic terms of this type of ordinance were upheld b~ a decision of the California Court of Appeal
in Xiloj-/tzep v. City of Agoura Hills (1994) 24 Cal.App.4' 620 ("Xiloj-Itzep"). The state court in Xiloj-
Itzep, in upholding the City of Agoura Hills' solicitation ordinance, held that such an ordinance did
not violate the free speech rights of prospective laborers to solicit employment under the Federal
and State Constitutions, and that it VlBS not preempted by State law.
Since that decision the cities of Glendale and Redondo Beach and the County of Los Angeles have
had their roadway solicitation ordinances challenged in Federal Court.
On May 13, 2005, the Federal Judge James Otero permanently enjoined enforcement of the
Glendale ordinance quoted above as an unconstitutional ordinance and awarded attomey fees to
the plaintiff workers in the case. In the Glendale case, the Court found that the ordinance was
unconstitutionally vague, was not narrowly tailored to serve a legitimate governmental interest, and
that the ordinance did not leave adequate alternative channels for communication of the information.
The Court found the ordinance vague because one cannot tell from the ordinance where the curb
ends and the sidewalk begins and that it does not make clear that solicitations are allowed on the
sidewalk. The court found that the ordinance was not narrowly tailored to serve a legitimate
governmental interest because it prohibits solicitations from curbs, but does not prohibit other
activity on curbs. The Court did recognize, however, that the City has a legitimate interest in
reducing traffic congestion, assuring the safety of drivers and pedestrians, and preserving and
improving the quality of life of its residents and business owners. The Court concluded that the
I
ordinance did not provide for alternative channels for the communication, i.e., soliciting employment,
business or contributions, because the ordinance did not specifically permit the solicitation on the
sidewalk areas and did not guarantee the continued existence of the City's temporary employment
center.
The Redondo Beach case involves a similar ordinance and a similar court decision. Federal Judge
Consuelo Marshall also issued a preliminary injunction in December 2004 prohibiting Redondo
Beach from enforcing its employment solicitation ordinance pending a full trial on the validity of the
ordinance. The Ninth Circuit Court of Appeals denied Redondo Beach's appeal of the preliminary
injunction. The Redondo Beach case will now go to trial.
In 2000, Federal Judge George King invalidated the Los Angeles County ordinance which similarly
prohibited solicitation of employment, business or contributions from the public right of way. Los
Angeles County did not appeal the case and the oidinance is not enforced.
FISCAL IMPACT:
None.
DEPARTMENTAL
REPORTS
,
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINA~ fl;(
CITY MANAGER
-
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Jim Domenoe, Chief of POIi~
June 28, 2005
DATE:
SUBJECT:
Monthly Departmental Report
The following report reflects the activity of the Temecula Police Department for the month of
May.
PATROL SERVICES
Overall calls for police service.............................................................................................. 3,074
"Priority One" calls for service ................................................................................................... 37
Average response time for "Priority One" calls........................................................... 5.8 minutes
VOLUNTEERS
Volunteer administration hours ...............................................................................................173
Community Action Patrol (CAP) hours ....................................................................................186
Reserve officer hours (patrol)...... ........ ........ ..... .............. ........ ................ ........ .............. ........ ..... 51
Total Volunteer hours. ... ........ ... ... ..... ..... ... ........ ...... ..... ........ ........ ..... ... ... ..... ........... ... ... ..... ......734
CRIME PREVENTION/GRAFFITI
Crime prevention workshops conducted .....................................................................................0
Residential/business security surveys conducted .... ........ ..... ........ ........ ........... ........ ................ 3/0
Businesses visited ....................................................................................................................11
Businesses visited for past crime follow-up...............................................................................15
Crime prevention articles .............. ........................ ........ ..... ........ ........ ........ ........................... ......1
Total square footage of graffiti removed...............................................................................2,886
OLD TOWN STOREFRONT
Total customers served........................................................................................................... 250
Sets of fingerprints taken..... ........ ............. ..... ......... ..... ........ ..... ........... ........ ........... ........... ....... 82
Police reports filed.................................................................................................................... 33
Citations signed off ........... ........ ........................... ..... ............. ........... ........ .............. ........... .........8
Total receipts ... ... ... ..... ... ..... ... ........ ..... ..... ... ..... .... ..... ..... ... ..... ..... ... ... ..... ... ..... ... ... ... ........ ... $7,788
POP TEAMS
On-site felony arrests.................................................................................................................. 4
On-site misdemeanor arrests...................................................................................................... 3
Felony arrest warrants served..................................................................................................... 5
Misdemeanor arrest warrants served .......................................................................................... 0
Follow-up investigations............................................................................................................ 22
F:\Monthly Agenda ReportlMay.doc
TRAFFIC
Citations issued for hazardous violations............................................................................. 1,141
D. U.1. arrests....................................................................................................................... ...... 12
D.U.1. checkpoints conducted ... ................. ........ .... ... ........... ........... ... ... ........ ... ... ................. ... ....0
Non-hazardous citations........................................................................................................... 83
Stop Light Abuse Program (S.L.A.P.) citations........................................................................ 567
Neighborhood Enforcement Team (N.E.T.) citations ...............................................................140
Parking citations .. ... ... ... ..... ......... ..... ... ... ... ..... ... ...... ... ... ..... ........ ... ........ ...... ........ ... ........... ......144
Injury collisions...................................................................................................................... ...22
INVESTIGATIONS
Average case rate per detective.... ........ ........... .............. ..... ........... ........... ........ .......................4.4
Average case closure rate .......................................................................................................2.6
Number of community seminars conducted ................................................................................2
SPECIAL ENFORCEMENT TEAM (SET TEAMl
On-site felony arrests.................................................................................................................. 4
On-site misdemeanor arrests...................................................................................................... 5
Felony arrest warrants served..... ........ ..... ... ..... ...... ..... ... ..... ..... ... ..... ... ..... ........ ... ........ ... ..... ... .....2
Misdemeanor arrest warrants served.......................................................................................... 6
Follow-up investigations............................................................................................................ 17
Illeqal druqs seized
Methamphetamine: approximately .7g
PROMENADE MALL TEAM
~~~Erv~........................................................................................................................~
Felony arrest/filings................................................................................................................. ....3
Misdemeanor arrest/filings........................................................................................................ 10
Vehicle burglaries.................................................................................................................... ...0
Vehicle thefts......................................................................................................................... ..... 1
SCHOOL RESOURCE OFFICERS
Felony arrests....................................................................................................................... ......8
Misdemeanor arrests.................................................................................................................. 3
Citations..................................................................................................................... ...............33
Youth counseled ... ... ... ... ... ..... ........ ... ..... ..... ..... ...... ... ..... ..... ... ..... ........ ........ ........ ... ..... ... ..... ....306
Presentations
Every 15 Minutes (11/12 TVHS) ......................................................................................2
YOUTH ACCOUNTABILITY TEAM
Orientations delivered to new program members........................................................................3
School visits........................................................................................................................ ......45
Home visits......................................................................................................................... ........6
F:\Monthly Agenda Report\May.doc
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/Cit~.o~ncil
Debbie Ubnos~or of Planning
June 28, 2005
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of May.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 73 new applications for administrative, other minor cases, and home
occupations and Q applications for public hearings during the month of May. The new public hearing
cases are as follows:
DEVELOPMENT PLAN
CONDITIONAL USE PERMITS
TENTATIVE PARCEL MAP
2
3
1
Status of Maior Proiects
New Proiects
. Temeku Clubhouse - A Tentative Parcel Map submitted on May 24, 2005 to subdivide 3 lots
located at the south intersection ofTemeku Dr. and Cantebury Court. A Pre-DRC is scheduled
for June 14, 2005. (PA05-0156 - DAMKO)
. Outdoor Channel - A Minor Conditional Use Permit submitted on May 3, 2005 for a 35'
6"satellite antenna and associated structures for future broadcasting of the Outdoor Channel.
The project is located at 43455 Business Park Drive. This project is scheduled for the July 6,
2005 Planning Commission Hearing. (PA05-0130 - DAMKO)
. Villa Del Sol Apartments - A Minor Modification to construct a 640 square foot utility/workout
room at an existing apartment complex. The subject property is located at 28566 Pujol Street.
The application was submitted on May 9, 2005. A DRC letter was sent to the applicant on June
8,2005 and staff is currently awaiting the submittal of revised plans. (PA05-0137 - FISK)
R:\MONTHL Y.RPT\200515.2005 Report.doc
. Marquis at Wolf Creek - Major Modification to craftsman style home plans in the Marquis home
product in Wolf Creek. Plans were submitted on June 6, 2005. This project is under review and
a Pre-DRC meeting is scheduled for June 14, 2005. (PA05-0169 - PETERS)
. Wolf Creek South Half Perimeter Wall Plans - Perimeter wall plans for the south half of Wolf
Creek bounded by Wolf Valley Road to the north, the Sports Park to the south, Redhawk to the
east, and Pechanga Parkway to the west. Plans were submitted on June 3, 2005. This project
is under review and a Pre-DRC is scheduled for June 28, 2005. (PA05-0339 - PETERS)
. Wolf Creek Private Recreation Facility - An Administrative Development Plan for the Wolf Creek
Private Recreation Center including an administrative building, pool, volleyball court, play area,
and grounds located at Wolf Creek Drive approximately 1,000 feet south of Wolf Creek Road
and the Fire station property. Plans for this project were submitted on June 8, 2005. This
project is under review and a Pre-DRC meeting is scheduled for June 21,2005. (PA05-0144-
PETERS)
. Dalton 11- A Development Plan-Conditional Use Permit application submitted on June 6, 2005
for a 25,000 square foot mixed use retail/multi-family residential building located at 41945 5th
Street. The project is scheduled for a June 16, 2005 DRC. (PA05-0171 -FISK)
. Nextel at Haz-It Markit - A Conditional Use Permit application submitted on May 24, 2005 for a
wireless telecommunications facility consisting of 12 antennas on a mono-palm and an 11 x20"
equipment building Staff is currently reviewing the application and anticipates holding a DRC
meeting with the applicant on June 23, 2005. (PA05-0157 - FISK)
. Plaza Rio Vista - A Development Plan submitted to construct a 19,650 square foot office
building on .99 acres to be located at the corner of Black Deer Loop and Diaz Road. The
application was submitted on May 10, 2005. The Pre-DRC meeting was held on June 7, 2005.
A DRC meeting is scheduled for June 23,2005. (PA05-0139 - BALES)
. Old Adobe Plaza - An Administrative Development Plan to repaint the exterior walls of the
shopping center and replace 26 wood window sashes with dual glaze vinyl windows. Located at
the corner of Jefferson Avenue and Overland Drive. This project was submitted on June 2,
2005 and is currently under review. (PA05-0164 - BALES)
Recentlv Aooroved Proiects
. Automobile Dealership Signage and Special Events - Staff has worked with the dealers on a
proposal for weekend promotional events and increasing the overall size of their monument
signs based on the information received from Automobile Dealership Association. The
Planning Commission considered this item at their April 20 meeting and is forwarding a
recommendation to the City Council. This item was approved at the May 20, 2005 City Council
meeting. Ordinance will become effective July 14, 2005. (WEST)
. Supplemental Alcoholic Beverage Sale Standards - The draft Ordinance was presented to the
Planning Commission on April 6, 2005. The Commission reviewed the Ordinance and is
recommending that the Council approve the Ordinance. It was approved at the May 10, 2005
City Council meeting. (HOGAN)
. Gallery Portraits Product Review-A Development Plan was submitted on January 27, 2005 for
10 single family residences (2 floorplans, 2 architectural elevations) located at the southeast
R\MONTHL YHPT\2005\5-2005 Report.doc
2
corner of Rancho Vista & Ynez Rd. Comment letter was mailed on February 23,2005 met with
applicant on April 7, 2005. Project was approved at the May 12, 2005 Director's Hearing.
(PA05-0021 - DAMKO)
. Circle K Unocal - A Minor Conditional Use Permit and Public Convenience and Necessity
submitted on March 29, 2005 for alcohol sales within a mini market and gas station on the
southeast corner of Highway 79 South and Pechanga Parkway. The project was approved at
the June 1, 2005 Planning Commission Hearing. (PA05-0091 - DAMKO)
. Gourmet Italia - A Minor Conditional Use Permit submitted March 24, 2005 to provide a full-
service alcoholic beverage bar within an existing restaurant already serving beer & wine, located
in the Tower Plaza on Ynez Road. Project was approved at the May 18, 2005 Planning
Commission Hearing. (PA05-0087 DAMKO)
. Palomar Plaza - A Development Plan to construct a 5,999 square foot dental office on 1.06
acres, located at 43980 Margarita Road. The project was submitted on December 14, 2004.
Comments were due on January 5, 2005. A Pre-DRC was held on January 11, 2005, and a
DRC was held on January 20, 2005. Staff sent comment letter on January 20, 2005. The
applicant submitted revised plans on March 8, 2005. This project was approved at the May 19,
2005 Director's Hearing. (PA04-0612 - PETERS)
. Boys & Girls Club - A Development Plan to construct a 5,500 square foot commercial building
on a portion of the 9.12 acre Kent Hintergardt Memorial Park located at 31465 Via Cordoba.
The application was submitted on December 20, 2004. A DRC meeting was held on January
20, 2005 and a DRC letter was sent to the applicant on January 20, 2005. The project was
heard at the April 14, 2005 Director's Hearing and was referred to the Planning Commission.
The project was approved at the May 18, 2005 Planning Commission hearing. (PA04-0605-
FISK)
. Margarita Crossing - A Development Plan to construct a 37,173 square foot mixed use retail
restaurant center on 5.56 acres located at the northwest corner of Margarita Road and Nicole
Lane. The application was submitted on October 28, 2004. A DRC meeting was held on
December 9, 2004. Staff has sent a DRC letter to the applicant and recently received comments
from a third party review of the plans. Staff met with the applicant on February 14, and 22, 2005
to discuss site plan and architectural issues. The applicant has indicated a desire to be
scheduled for a Planning Commission hearing without having addressed staff's comments. Plan
sets submitted for a Planning Commission hearing included building elevations not previously
reviewed. The project was approved at the June 9, 2005 Planning Commission hearing.
(PA04-0563 - FISK)
. EI Torito -A Development Plan to construct and operate a 7,380 square foot restaurant on 0.42
acres located at 40517 Margarita Road (Power Center II). The application was submitted on
October 25,2004. A DRC meeting was held on December 2,2004 and a DRC letter was sentto
the applicant on December 2, 2004. Meetings were scheduled with the applicant and Director of
Planning to discuss the proposed architecture on January 11, and 20, 2005. The project was
heard at the April 20, 2005 Planning Commission hearing and was continued to the May 18,
2005 Planning Commission hearing to allow for further review of the project by the City's
architectural consultant. The project was approved at the May 19, 2005 Planning Commission
hearing. (PA04-0561 - FISK)
R:\MONTHL Y.RPT12005\5-2005 Report.doc
3
. Temecula Town Center Modifications - A Major Modification and Modified Sign Program to
construct various fac;:ade renovations and parking lot modifications and modify existing sign
program within the T emecula Town Center, located on the northeast corner of Rancho California
Road and Ynez Road. The application was submitted on September 23,2004. Staff requested
sign program modifications the first week in February 2005. The applicant submitted revisions
on March 16, 2005. Staff provided a second comment letter on April 4, 2005. The applicant
provided revisions on May 5, 2005. The projects were approved at the June 1, 2005 Planning
Commission meeting. (PA04-0530 - BALES)
. Country Splendor Flowers - A Minor Conditional Use Permit and a request for a Finding of
Public Convenience and Necessity for Country Splendor Flowers to sell wine and beer in gift
baskets within an existing 816 square foot suite at 31285 Highway 79 S. This project was
submitted February 24, 2005. The project was approved at the May 18, 2005 Planning
Commission meeting. (PA05-00S9 BALES)
. Cassatt Academy - A Conditional Use Permit and Development Plan to construct an
administration building and three classroom buildings totaling 5,760 square feet on 2.93 acres,
located at the northeast corner of Calle Girasol and Aussie Ave. The application was submitted
February 24, 2005. A DRC meeting was held March 24, 2005. The Planning Commission
denied on May 4, 2005. The applicant filed an appeal of the Planning Commission decision on
May 10, 2005 and is scheduled for the June 14, 2005 City Council meeting. The application was
approved by the council on June 14, 2005. (PAOS-OOGO - PETERS)
. Temecula House of Wine - A request for a Finding of Public Convenience and Necessity for
Temecula House of Wine to establish a 2,108 square foot outdoor tasting room plus 459 square
foot retail sales area for wine at the Palomar Inn Hotel, located at 28522 Old Town Front Street.
This application was submitted on February 7,2005. A DRC meeting was held on March 17,
2005 with the applicant. A DRC letter was mailed to the applicant on March 17,2005. The
application was approved by the Planning Commission at the June 15, 2005 meeting. (PA05-
0032 - BALES)
. Beverages & More - A Minor Conditional Use Permit and request for a Finding of Public
Convenience and Necessity for Beverages & More to establish a 10,000 square foot retail store
for the sale of alcoholic beverages and specialty items, located at 39672 Winchester Road. This
project was submitted on March 31, 2005. This project was approved at the June 15, 2005
Planning Commission hearing. (PA05-0093 - BALES)
. Proiects Under Review
Commercial
. Star World Center- A Development Plan to construct a 13,709 square foot commercial building
on 1.4 acres located on the west side of Old Town Front Street, approximately 800 feet south of
Santiago Road. The application was submitted on November 22, 2004. A DRC meeting was
held with the applicant on January 6, 2005. A DRC letter was sent to the applicant on January
6,2005. Revised plans were submitted on April 27, 2005. A second DRC meeting was held with
the applicant on June 9,2005 and a DRC letter was sent to the applicant on June 9,2005. Staff
is currently awaiting the submittal of revised plans. (PA04-0584 - FISK)
. Krieger's Fac;:ade and Porch - A Minor Modification to a Development Plan to paint an existing
building and to construct a 528 square foot covered porch along the west side of the building.
The application was submitted on February 22,2005. A DRC meeting was held on March 31,
R:\MONTHL Y.RPT1200515-2005 Report.doc
4
2005 and a DRC letter was sent to the applicant on April 6, 2005. The project was rereviewed at
the May 9, 2005 Old Town Local Review Board meeting. The Old Town Local Review Board
requested that the applicant provide additional information and details. Staff is currently
awaiting the submittal of additional information and details as requested by the Board. (PA05-
0055 - FISK)
. Elite's Plaza - A Development Plan to construct two office buildings and one retail building
totaling 74,056 square feet on 4.6 acres located on the east side of Jefferson Avenue
approximately 500 feet north of Rancho California Road. The application was submitted
December 22, 2004. A DRC meeting was held February 24, 2005. A DRC letter was sent to the
applicant on February 28,2005. Plans were resubmitted April 18, 2005. A second comment
letter was sent May 19, 2005. Staff is awaiting revised plans to route for Conditions of Approval.
(PA04-0623 - PETERS)
. Tall Tree Mall Expansion - A Development Plan to construct a 3,000 square foot addition to an
existing 3,600 square foot commercial office building on .18 acres, located at 41964 Main Street
in Old Town. The project was submitted on December 21,2004. A DRC was held on February
17, 2005. A DRC letter was sent on February 18, 2005. A 30 day letter was sent to the
applicant on April 22, 2005. Staff is currently waiting for revised plans. (PA04-0622 - FISK)
. County Center Drive Cingular Wireless - A Minor Conditional Use Permitto construct a rooftop
wireless antenna facility located at 40940 Country Center Drive. This project was submitted
December 6, 2004. A Pre-DRC was held on January 4, 2005. Staff has sent a letter outlining
concerns and requesting information. Revised plans were resubmitted on April 21 ,2005. Public
hearing information was requested from the applicant on April 25, 2005. Conditions of Approval
were requested from other department by May 9, 2005. Staff is currently awaiting receipt of
these items prior to confirming Director's Hearing date. (PA04-0600 - DAMKO)
. Crawford Suites Hotel- A Pre-Application for a Development Plan to construct a 96 unit, 4 story
hotel at the southeast corner of Jefferson Avenue and Winchester Road, was submitted on
December 27, 2004. A Pre-DRC meeting was held on January 18, 2005. The applicant
provided additional information to be forwarded to our Architectural consultant. Architectural
review comments were sent to the applicant on March 7, 2005. Revised plans were resubmitted
on April 18, 2004 and final comments for this pre-application were mailed to the applicant on
May 4, 2005. Staff is awaiting submittal of a formal application. (PR04-0020 - KITZEROW)
. Butterfield Ranch - A Development Plan to construct five commercial buildings totaling 42,385
square feet and creating two pads for future commercial buildings totaling 13,300 square feet on
6.7 acres located at the southwest corner of Highway 79 South and Butterfield Stage Road. The
application was submitted on December 20, 2004. DRC was held on January 27, 2005.
Applicant resubmitted on March 2, 2005. Project went to the May 18, 2005 Planning
Commission but was continued off calendar due to last minute environmental agency concerns.
Applicant is currently working on additional environmental documents. (PA04-0621 - DAMKO)
. Moreno Road Office Building - A Development Plan to construct a two - story 7,000 square foot
office building on .76 acres, located at 41919 Moreno Road. The application was submitted on
July 12, 2004. Staff provided a DRC comment letter to the applicant on August 23, 2004.
Revised plans were submitted on February 22, 2005. Staff provided a comment letter to the
applicant on March 31, 2005. The applicant provided revised plans on April 18, 2005. The
project was reviewed by the Old Town Review Board on May 9,2005 and will be scheduled for
the June 2, 2005 Director's Hearing. (PA04-0470 - FISK)
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5
. Calle Cortez - A Development Plan application was submitted on October 1, 2004 to construct
two concrete tilt-up service commercial buildings. Building 1 is 16,954 square feet and building
2 is 15,432 square feet. The project is located on the north side of Calle Cortez, just west of
Jefferson. DRC was held on November 18, 2004. Staff is waiting for applicant response.
(PA04-0544 - DAMKO)
. La Quinta Inn & Suites - A Pre-Application was submitted on November 17, 2004 for a 98 unit
facility used for lodging located on Highway 79 South, east of La Paz Road. Staff is currently
working with the applicant on a different location for the use. (PR04-0019 - DAMKO)
. General Kearney Reservoir Wireless Facility - A Conditional Use permit to replace an existing
non-disguised unmanned wireless monopole with a new 65-foot tall unmanned wireless
monopine with 12 antennas, four-foot diameter microwave dish and associated 336 square foot
equipment shelter and a back-up generator. The subject property is located east of Placer
Lafite and south of Chemin Coutet. The application was submitted on March 1, 2005. Letter
notifying applicant of initial study was sent on March 28, 2005. A DRC meeting was held on
April 21, 2005. Staff is currently awaiting revisions. (PA05-0063 - BALES)
. Creekside Centre Sign Program - To establish and implement a sign program for the Creekside
Centre Shopping plaza. The subject property is located at the southeast corner of Overland
Drive and Nicole Lane. The application was submitted on March 1, 2005. A comments letter
was provided to the applicant on April 8, 2005. Staff continues to await revisions as of June 9,
2005. (PA05-0062 - FISK)
. Temecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven commercial
/officelretail buildings at the southeast corner of Jedediah Smith Road and Hwy 79 South. The
application was submitted on February 9, 2005. This item is tentatively scheduled to be
presented at the July 20, 2005 Planning Commission meeting. (PA05-0040 - PAPP)
. Old Adobe Plaza - A Minor Modification to an existing Development Plan to modify the exterior
entryways and add an A TM to an existing 3,850 square foot suite located at 27645 Jefferson
Avenue. The application was submitted on February 14, 2005. A DRC letter was sent to the
applicant on March 17, 2005 and staff is currently awaiting the submittal of revised plans.
(PA05-0046 BALES)
. Rancho T emecula Town Center - A comprehensive sign program for Rancho T emecula Town
Center submitted on February 17, 2005. The subject property is located at the corner of
Winchester and Nicolas. A DRC letter was sent on March 7, 2005. The applicant resubmitted
plans on April 11, 2005. Staff reviewed the revised plans and a meeting to discuss further
changes is scheduled for June 9, 2005. (PA05-0052 - PETERS)
. Madison Lot 13 - A Development Plan submitted on April 14, 2005 for a 13,411 square foot
service commercial building located on the southwest corner of Madison Avenue and Buecking
Drive. The project is scheduled for the July 20th, 2005 Planning Commission Hearing. (PA05-
0100 - DAMKO)
. Madison Lot 6 - A Development Plan submitted on April 14, 2005 for a 23,618 square foot
service commercial building located on the cul-de-sac of Madison Avenue. The project is
scheduled for the July 20,2005 Planning Commission Hearing. (PA05-0101 - DAMKO)
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6
. Industrial Condominiums of Temecula - A Development Plan to construct three light industrial
buildings totaling 85,900 square feet on 5.5 acres located on the north side of Remington
Avenue, approximately 550 feet west of Diaz Road. The project was submitted on April 27,
2005. Staff is currently reviewing the application. (PA05-0127 - FISK)
. Temecula Glass Company - A Development Plan to construct an 11,271 square foot
commercial building on .987 acres located at 41755 Enterprise Circle. The application was
submitted on April 12, 2005. A DRC meeting was held on May 19, 2005. A DRC letter was sent
on May 20, 2005. Staff is currently waiting on revised plans. (PA05-01 05 - BALES)
. Shire Building Modifications - A Minor Modification to construct facade and f1atwork
improvements, change building color and add signage. The subject property is located at 28656
Old Town Front Street. The application was submitted on April 13, 2005. The project was
reviewed by the Old Town Local Review Board on June 13, 2005 and continued for additional
information from the applicant. (PA05-0111 - FISK)
Subdivisions
. PM 28049 EaT - A fourth Extension of Time for Parcel Map 28049 (A proposed multi-family
residential development. The subject property is located at the northwest corner of Pujol Street
and Calle Cerrillo. The application was submitted on September 30, 2004. Staff continues to
await an environmental study to address MSHCP requirements as of May 9,2005. (PA04-0539
-FISK)
. Butterfield Ranch - Tentative Tract Map submitted on March 2, 2005 for the subdivision of 7
commercial lots. The project is located on the south east corner of Highway 79 S. and
Butterfield Ranch Road. The project went to the May 19, 2005 Director's Hearing, but was
continued off calendar due to environmental concerns. Applicant is currently working on
additional environmental documents. (PA05-0066 - DAMKO)
. Selby Parcel Map - A Tentative Parcel Map to subdivide 21.22 acres into 6 parcels located at
the east side of Ynez Road north of Rancho California Road and south of Solana Way. This
project was submitted on January 6, 2005. Comments are due January 28, 2005 and a Pre-
DRC has been scheduled for February 1, 2005. A DRC was held February 10, 2005. A DRC
letter was sent on February 10, 2005. No change in status as of May 9, 2005. (PA05-0004-
PETERS)
Industrial
. Legacy Corporate Center - A Development Plan to construct, establish, and operate two
industrial buildings totaling 84,006 square feet and one office building totaling 32,500 square
feet. The applicant submitted plans February 17, 2005. The subject property is located at the
northwest corner of Diaz Road and Remington Ave. A DRC meeting was conducted on March
24, 2005. Revised plans were submitted June 1, 2005. This project is tentatively scheduled for
July 20, 2005 Planning Commission hearing. (PA05-0053 - PETERS)
. Alvarez Del Rio Building - A Development Plan to construct, establish and operate a 17, 378
square foot office/warehouse building on 1.43 acres. The subject property is located on the east
side of Del Rio Road, south of Calle Cortez. A DRC meeting was held on November 18, 2004.
Staff continues to await revised plans as of May 9, 2005. (PA04-0543 - DAMKO)
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7
. Marble Express Building - A Development Plan to construct, establish and operate a 17,421
square foot industrial building on a 1.1 acre site located at 42068 Winchester Road. The
applicant submitted plans on January 24, 2005. A DRC meeting was held with the applicant on
February 24th, 2005. Revised plans were submitted on May 9, 2005.The project is scheduled for
the July 6, 2005 Planning Commission hearing. (PA05-0016 - PAPP)
. Temecula Corporate Center - Tentative Parcel Map to create two common lots consisting of
6.24 and 9.13 acres with 17 condominium units on the north and south side of Via Industria, and
a Development Plan to construct 17 office, flex-tech, and industrial buildings totaling
approximately 250,440 square feet. The application was submitted February 8, 2005 and a
DRC meeting was held March 17, 2005. Revised plans were submitted June 6,2005. A DRC
meeting is scheduled for June 23, 2005. (PA05-0036, PA05-0037 - PETERS)
. Auto Center - A Development Application submitted on April 5, 2005 for a 6,806 square foot
auto service center located on the southwest corner of Commerce Center Drive and Via
Montezuma. The project is scheduled for the June 30, 2005 Director's Hearing. (PA05-0086-
DAMKO)
. Winchester Gilcrest - A Development Plan submitted on April 5, 2005 for a total of 55,956
square feet of industrial office /warehouse space in 3 one story buildings. The project is located
on the south side of Winchester Road, west of Diaz Road. A DRC was scheduled for May 12,
2005. A DRC letter was mailed on May 17, 2005. Waiting for applicant response. (PA05-0096
- DAMKO)
Mixed Use
Residential
. Naron Pacific Tentative Tract Map 30434 and Planned Development- A proposal for a zone
change from L-1 to PDQ on 31.93 acres and Tentative Tract Map to create 30 residential lots
and 4 open space lots in the Chaparral area. The application was originally submitted on April
18, 2002. The CAD has made a recommendation on policy for the Chaparral Area allowing %-
acre lots if it does not increase the "net" density. A PD~ was submitted on March 25, 2004.
Staff met with applicant in April to discuss grading issues and begin preparation of an Initial
Study. An environmental constraint map was submitted on February 9,2005. Staff metw;th the
applicant on March 22, 2005 to discuss grading impacts and received revised plans and
constraints map. A letter was mailed to the applicant on April 7, 2005 informing him that the
submitted plans are not adequate, the project is still considered incomplete, and additional
information is still required in order to proceed with processing. Staff met internally on April 8,
2005 to discuss General Plan update. A letter was sent to the applicant on April 13, 2005 to
explain City Council decision not to modify Chaparral Policy, therefore project plans must be
revised to adhere to existing policies within General Plan. Staff is currently awaiting submittal of
revised plans. (PA02-0204 PA02-0193- PAPP/KITZEROW)
. Palm Valley Condos - A Pre-application for a Tentative Subdivision Map and Development
submitted on April 12, 2005 to convert an existing 32-unit apartment complex located at 42140
Lyndie Lane into condominiums. This project is under review and a Pre-DRC meeting is
scheduled for May 10, 2005. (PR05-0009 - FISK)
. Wolf Creek Motorcourts - A Home product Review and a Tentative Tract Map to subdivide 14.1
acres into 6 common lots with 113 residential units in a motor court design. The application was
R:\MONTHL Y.RPT\2005\5-2005 Report.doc
8
submitted February 7,2005. A DRC meeting was held March 10, 2005. Revised plans were
submitted June 6, 2005. Staff is currently reviewing the resubmittal. (PA05-0034 - PETERS)
. Redwood @ Wolf Creek - A Home Product Review submitted on April 13, 2005 for 159 single
family homes located In Planning Area 22 of the Wolf Creek Specific Plan. Four floor plans with
3 elevations each are proposed, ranging in size from 3299 square feet to 4495 square feet. A
DRC letter was mailed to the applicant on May 4, 2005. Staff is currently awaiting resubmittal.
(PA05-0113 - PETERS)
. Pujol Apartments - A Pre-Application to construct, establish and operate 104 Multiple-Family
dwellings on 7.8 acres located at the southern terminus of Pujol Street. The application was
submitted on April 5, 2005. The application has been scheduled for the May 10, 2005 Pre DRC
meeting. (PR05-0008 - FISK)
. La Vasani TPM - A Tentative parcel Map to subdivide 4.96 acres into 2 parcels located at
30854 Lolita Road. This project was submitted on February 23, 2005. A DRC letter was sent
out on March 21, 2005. Staff is currently waiting for applicant response. (PA05-0025-
DAMKO)
. Harveston Aberdeen - A home product review for the architectural design and placement of 92
single-family residences within the Harveston Specific Plan area. The project site is located east
of Ynez Road and south of Date Street. The project was submitted on February 11, 2005. A
DRC meeting was conducted on March 17,2005. The applicant submitted revised plans on
March 31, 2005. Staff provided revised comments on April 22, 2005. The project will be
scheduled for the July 6, 2005 Planning Commission meeting. (PA05-0045 DAMKO)
. Harveston Charleston - A home product review for the architectural design and placement of
106 single-family residences within the Harveston Specific Plan area. The site is located east of
Ynez Road and south of Date Street. The project was submitted on February 11,2005. A DRC
meeting was conducted on March 17,2005. The applicant submitted revised plans on March
31, 2005. Staff provided revised comments on April 22, 2005. The project will be scheduled for
the July 6, 2005 Planning Commission meeting. (PA05-0044 - FISK)
. Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential
condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra
Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC
meeting was held on November 6, 2003. Revised plans were submitted on July 7, 2004. A
second DRC letter was provided on September 10, 2004. Revised plans were submitted on
February 7, 2005. A third DRC letter was provided to the applicant on April 8, 2005. Staff
continues to await revised plans. (PA03-0552 - HARRIS)
. T emecula Lane - A Conditional Use Permit, Development Plan and Vesting Tentative Tract Map
to construct 59 4-plex buildings totaling 236 units, 32 3-plex buildings totaling 96 units and 96
single-family detached units on a 47.5 acre site located at the northeast corner of Loma Linda
Road and Temecula Lane. The project was submitted on August 8, 2004. A DRC meeting was
held with the applicant on October 21,2004. Plan revisions were submitted on March 3, 2005.
Staff provided revision comments to the applicant on March 31, 2005. Staff is awaiting revised
plans, and has provided comments regarding the project Initial Study to the applicant's
consultant. (PA04-0496 - DAMKO)
. Green Courts @ Wolf Creek - A Tentative Tract Map to subdivide 11.65 acres into 85 lots (77
residential units) with an alley type design and a minimum lot size of 3,000 square feet in
R:\MONTHL Y.RPT\2005\5-2005 Report.doc
9
Planning Area 10 of Wolf Creek. In conjunction, a Development Plan (Product Review) for 77
residential green court homes. Units range from 2, 084 square feet to 2, 204 square feet with 3
different floor plans and 3 architectural designs. This application was submitted on January 10,
2005. A DRC Meeting was held on February 24, 2005. The project was resubmitted on April
19, 2005. Staff is currently reviewing and will hold a Pre-DRC meeting on May 10, 2005. (PA05-
0009 & PA05-0010 - PETERS)
. Cottonwood at Wolf Creek - A Home Product Review for the architectural design and placement
of 133 single family residences within Planning Area 20 of the Wolf Creek Specific Plan Area.
The project was submitted on March 21, 2005. A DRC letter was mailed to the applicant on
April 22, 2005. Staff is currently awaiting resubmittal. (PA05-0084 - PETERS)
. Margarita Village Specific Plan Amendment (PA04-0390) to change the land use designation
from VL (very-low - .2 to .4 du/acre) residential to LM (low medium - 3 to 6 du/ac) for 18.3 acres
along the west side of Butterfield Stage road, north of Chemin Clinet. This is associated with a
Tentative Tract Map (PA04-0392) for 36 residential lots ranging in size from 7,200 to 25,000 SF.
These applications were submitted on June 2, 2004. A DRC meeting was held on July 8, 2005.
The project was resubmitted on August 2, 2004 and a DRC letter was sent to the applicant on
August 26, 2004. Revised plans were submitted on October 4, 2004 and again on January 6,
2005. An Initial Study was issued on April 28, 2005. This item is scheduled for the June 1, 2005
Planning Commission and is scheduled for the July 26, 2005 City Council meeting. (PAPP)
Miscellaneous
. Sprint 100 Margarita - A Minor Conditional Use Permit for the co-location of six (6) cellular
telecommunication antennas on a mono-pine, which includes the replacement of the existing 57
foot high mono-pine with a 68'4 ft mono-pine. Located at 41520 Margarita Road. The
application was submitted on September 23, 2004. A DRC letter was sent to the applicant on
October 19, 2004 Revised plans were submitted on December 9, 2004. The applicant
contacted staff on February 22, 2005 stating that the proposed site for co-location was already
occupied by another carrier and that revised plans must be submitted for location on another
structure on the project site. Staff is currently awaiting the submittal of revised plans. (PA04-
0529 - FISK)
. Temecula Faith Center - A Minor Conditional Use Permit submitted on April 14, 2005 for
Temecula Faith Center to locate in an existing industrial building located at 42266 Remington
Avenue. The total church square footage proposed is 8607 square feet, which represents an
addition of a 500 square foot mezzanine. Staff is currently awaiting submittal of a parking
analysis from the applicant. A Pre-DRC meeting was held on May 10, 2005. (PA05-0114-
FISK)
. Penfold Cattle Co. - A Minor Conditional Use Permit to allow for the sale of beer, and wine and
spirits from a restaurant to be located at 42072 5th Street, within the new Penfold Plaza building.
The application was submitted on February 23, 2005. Staff anticipates that the project will be
heard at the July 6, 2005 Planning Commission meeting. (PA05-0056 - FISK)
. Margarita Crossings - A Sign Program for the proposed Margarita Crossings Shopping Center
located at the southwest corner of Margarita Road and Overland Drive. The application was
submitted on March 1, 2005. A DRC letter was sent on March 28, 2005 and staff met with the
applicant to review the DRC comments on April 22, 2005. Staff is currently awaiting the
submittal of a revised sign program. (PA05-0064 - FISK)
R:\MONTHL Y.RPT\2005\5-2005 Report.doc
10
. Rancho Baptist Church Monopole - A Conditional Use Permit application to construct an 80'
foot monopole antenna facility with shelter on the northwest corner of the Rancho Baptist
Church property, located at 29775 Santiago Road, APN 922-130-017. The application was
submitted on November 9, 2004. Staff has completed a preliminary review, and the application
was forwarded to the City's newly hired telecommunications consultant for review. Comments
were mailed May 6, 2005. Staff is awaiting revised plans. (PA04-0578 - PETERS)
. Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50' high
monopine on Greentree Road, approximately 500' east of Via Sierra. Project was submitted on
April 19, 2004. Staff sent a DRC letter on June 8,2004. The applicant resubmitted plans on
September 23, 2004. Staff has received 3rd party review comments and anticipates scheduling
the project for a July Planning Commission hearing. (PA04-0285 - FISK)
. Meadowview Golf Course - Conditional Use Permit and Development Plan to design and
construct a public golf course and driving range within the Meadowview Community. The
Focused EIR requires modification. Staff provided an EIR comment letter to applicant the week
of June 7,2004. Staff is currently waiting for the revised EIR. (PA01-0375 - PETERS)
. Verizon Wireless Telecommunication -A Conditional Use Permit for a 60-foot high mono-pine
within the Rancho California Water District Headquarters facility. Staff has informed the
applicant that the proposed mono-pole is not an acceptable design for the area. The applicant
indicated alternative sites would not be feasible; however, on November 10, 2003, they offered
to look at alternative sites and designs. The applicant resubmitted on May 10, 2004. Staff met
with the applicant on August 19, 2004 to discuss design alternatives. The applicant is
continuing to cooperate with staff to develop an agreeable design solution. On September 16,
2004 the applicant submitted design concepts that were not supported by staff. There has been
no formal resubmittal since May 10.2004. There is a new consultant working with the applicant
who is preparing a new submittal to forward to our new Telecommunication consultant for 3rd
party review. (PA02-0637 - PAPPI
. Cyberzone - A Minor Conditional Use Permit for the establishment and operation of an Internet
business to rent computer times for I nternet and Microsoft applications within an existing suite of
the Promenade Mall. Staff has received conditions of approval from other departments and
scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost
their lease prior to the hearing, so the application has been continued off calendar in anticipation
of another lease space becoming available within the mall. (PRJOO-906 - FISK)
. Temecula Regional Hospital - A General Plan Amendment, Conditional Use Permit and
Development Plan to construct a fitness center, cancer center, two medical/office buildings (4
stories each) and a six story hospital structure all totaling approximately 535,000 square feet,
located north of Highway 79 S, south of De Portola and west of Margarita Road. Project was
submitted June 30, 2004. A DRC was held on August 18, 2004. Staff and the City Council
subcommittee have met with the applicant twice. The applicant submitted revised plans and a
Tentative Parcel Map (PA04-0571) on November 4,2004. This project went to the Planning
Commission on April 6, 2005. The Planning Commission recommended that staff prepare an
EIR for this project. (PA04-0462, 0463 - PAPPI
. Verizon Wireless Telecommunication - A one year extension of time for a previously approved
Minor conditional Use Permit (PA01-0019) to co-locate 3 antenna array panels on an existing
monopine structure located at the RCWD tank in Chardonnay Hills, 31008 Rancho California
Road. A Director Hearing was held on September 9, 2004 where it was re-directed to Planning
Commission due to environmental concerns expressed by neighboring property owners. An
R\MONTHL Y.RPT\2005\5-2005 Report.doc
11
Initial Study is being prepared to consider aesthetic impacts. The applicant has been notified
that a Negative Declaration will be prepared. There is a new consultant working with the
applicant who is preparing a new submittal to forward to our new Telecommunication consultant
for 3rd party review. (PA04-0264 - PAPP)
. Nextel at Bennett - A Development Plan and Conditional Use Permit to construct and operate a
cellular telecommunications facility consisting of six antennas (total) on two light poles and 11.5"
x 20" equipment building on 12 acres located at 32240 Highway 79 South. The application was
submitted on November 1,2004. Comments from the City's consultant for 3rd party review were
received on March 20, 2005. A DRC letter was sent to the applicant on March 30, 2005. Staff is
currently awaiting the submittal of revised plans. (PA04-0566 - FISK)
Small Business Assistance
. La Tacqueria - Staff is working with the owners of this Old Town business on a revised plan for
an exterior fa9ade improvement that includes new awnings, paint and signs. A proposal from
the contractor is to be submitted to the Planning Department in August.
. The Stamper Building - Staff worked with the owner of this Old Town business to develop a sign
designs for this existing retail building on Old Town Front Street. The signs for this retail
complex were approved by the Old Town Local Review Board in May.
Special Event Permits
. 2005 Street Painting Festival - Staff is helping the Redevelopment Department with an
application for a temporary use permit for this event that will take place on June 18, and 19,
2005.
. 2005 Fourth of July Parade - A Temporary Use Permit is in progress for this Old Town Front
Street event that will take place on July 4, 2005. Staff is coordinating comments from all
concerned City departments.
Special Preiects & Lena Ranae Plannina Activities
The Division also commits work efforts toward larger scale and longer time frame projects for both
private and public purposes. These activities can range from a relatively simple ordinance or
environmental review to a new specific plan or a general plan amendment. Some of the major
special projects and long range planning activities are as follows:
. Old Town Specific Plan Amendment - Staff is working on an amendment to the Old Town
Specific Plan to expand the protection for historic structures in the City, as well as make a
number of other clarifications related to signage and mixed use projects within the Old Town
Area. Public hearings are expected to be held later this summer. (HOGAN)
. Comprehensive General Plan Update - The City Council approved the Updated General Plan
on April 12, 2005. Staff is currently working on a Land Use Map amendment to correct a
mapping error for the Meadowview area (PA05-0186). After that correction is approved, the final
documents will be prepared and this final information loaded onto the City website. (HOGAN)
. Consistency Rezoning - The initial General Plan Consistency Ordinance to amend the Official
Zoning Map and the Development Code is scheduled to go back to the Plannin9 Commission
and City Council in July, 2005.
R:\MONTHL Y.RPT12005\5-2005 Report.doc
'2
. Public Transportation Master Plan - Staff has researched how these issues have been
addressed by other jurisdictions. Most of the items appear to be very long term, except for the
City's current efforts focusing on park-n-ride facilities. Staff will develop a scope of work to begin
soliciting proposals after the new budget is adopted. (HOGAN)
. Mixed Use Development Standards - Staff has started the development process for Mixed Use
Development Standards by reviewing existing projects and guidelines. This is expected to result
in a recommended approach to Mixed Use development that will be presented to the Planning
Commission this fall. (WEST)
. Santa Margarita River Watershed Planning Project - Staff members from the Planning and
Public Works Departments are participating in the process. Since the completion of the
contract, the County of San Diego has indicated a need to continue the process behind the
State funding for the initial draft of the Watershed Management Plan. However, no meetings
have yet been scheduled. (HOGAN)
. Staff has prepared a final draft ordinance to codify use restrictions and supplemental standards
for "Cyber Cafes." The final draft was routed to the City Attorney on September 15, 2004. This
item has not yet been scheduled for public hearing. (PAPP)
. Roripaugh Estates Specific Plan Amendment - Staff is proposing to amend the Roripaugh
Estates Specific Plan to resolve commercial zoning issues and existing land uses A draft
Specific Plan has been developed. Staff is preparing to undertake a similar process with the
Rancho Highlands Specific Plan. (PA97-0443 - WEST)
. Hillside Development Policy - The policies are being examined for integration into the draft-
grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental
(habitat), and other constraints.
. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and
procedure manual for processing CEQA documents, including the adoption of local exemptions.
The process will also conform to the new CEQA Guidelines, and will create new templates for
standard CEQA forms.
. Development Code Clean-Up Amendment - Staff is proposing a clean-up amendment to the
Development Code for grammatical corrections and clarification. Staff anticipates bringing
forward a recommendation to the Planning Commission in July or August, 2005. A public
hearing was initially set for June 15, 2005, however; staff has identified additional changes that
need to be incorporated into the 2005 Development Code clean-up. As a result staff is requiring
that the Planning Commission continue this item off-calendar. (PA05-0041 - WEST)
. Surface Mining Ordinance - Staff and City Attorney had been making final changes based upon
feedback from the State prior to submitting this item to the Council for their consideration.
. South Side Street Improvement Project - The former South Side Specific Plan is being modified
to design guidelines and a street improvement program for Old Town Front Street between First
Street and Highway 79 South.
. Update of the Citywide Design Guidelines - Staff has completed its review of the Guidelines and
has provided a comprehensive set of comments to the consultant assisting in this effort.
Additional comments from the Redevelopment Director were forwarded to the consultant on
January 5, 2005. The completed final screen check draft is expected to be delivered to staff on
R\MONTHL Y.RPT\2005\5-2005 Report.doc
13
April 13, 2005. The Planning Commission recommended that the City Council approve the
Updated City-Wide design guidelines on May 4,2005. This item is scheduled to be presented to
the City Council on July 12, 2005. (PAPP)
. Application Revision Project - Staff is working with Public Works to update applications to
require Water Quality Management Plans (WQMP) with all new submittals beginning July 14,
2005. (PETERS)
. City - Project environmental reviews and permitting:
o Overland Drive Extension - Staff reviewed 2nd submittal of the draft initial study / Mitigated
Negative Declaration and has provided comments to Public Works. No resubmittal to date.
o Diaz Road General Plan Level Improvements - Staff has prepared an initial study to
determine the impacts of constructing ultimate improvements on Diaz Road. Staff is
recommending that a Negative Declaration be prepared, the scheduling of this item for the
City Council will be coordinated with Public Works Department. (EA107 - PAPP)
o 1-15/ SR79 S. Ultimate Interchange Project - Staff has provided comments to the Public
Works Department on the issues that need to be addressed in the NEPAlCEQA document
that is to be prepared for this project. (EA111 - WEST)
o Ynez Road Pavement Rehab - Staff reviewed the project for CEQA documentation at the
request of Public Works. The project proposes to rehab Ynez Road between Rancho
California Road and Solana Way. A Notice of Exemption pursuant to CEQA guidelines filed
by the County Clerk on March 17, 2005. (EA118 - WEST)
o Auto Mall/ Rancho Way Grading - Staff is reviewing the special studies that have been
prepared for this project and will be drafting up the environmental documents next month.
This item is tentatively scheduled for the City Council's consideration on July 26, 2005. -
(EA-121 - HOGAN)'
General Plan Amendments
. PA03-0178 TERC 52, LLC - A General Plan amendment application (and Zone Change PA03-
0177) to change the land use designation on 52.83 acres from Business Park to High Density
Residential at the northwest corner of the Rancho California Business Park, adjacent to the
Campus project. Staff is awaiting the submittal of additional information to determine that the
project is consistent with the Comprehensive General Plan Update. (PAPP)
. PA04-0411, Nicolas 73 - A General Plan Amendment application (and Zone Change PA04-
0414, and TTM PA04-0415) to change the land use designation on 73 acres from very low
density Residential to L-1 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was
held on July 8, 2004 and DRC was held on July 15, 2004. Based upon issues raised at DRC
and clarified in a follow-up letter the applicant was informed that staff does not support the GPA.
Issues related to the overall project density and number of lots proposed on the map will require
a resubmittal. (PAPP)
R:\MONTHL YHPTI200515-2005 Report.doc
14
APPROVAL
CITY ATTORNEY
DIRECTOR OF FIN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City CoUncil/City Manager
Anthony J. Elmo, Director of Building & Safety ~
TO:
DATE:
June 28, 2005
SUBJECT:
Departmental Report
May 2005
PREPARED BY: Carol Brockmeier, Administrative Assistant
The month of May 2005 showed a slight slowing of construction activity as compared to
previous months. The following is an overview of permit and inspection activity for May.
Simile Family Development - Tracts
In May, the City has issued 205 new single family home permits in May for a total of 637
single family homes currently under construction. These homes are primarily in Harveston
with 151 homes and Wolf Creek with 358 homes.
Custom Sinale Family Homes
As of May, we have 31 custom homes under construction for a total of 138,947 sq ft.
Multi-Family Development
Cape May Apartments in Harveston are constructing 19 buildings equaling 264 units.
Temecula Ridge is in the building process while Temecula Creek has completed most of
their condo construction and have only 1 building left to final.
Commercial Development
During May permits were issued for Temecula Super Storage for 5 buildings on Rancho
Pueblo and St. Catherine of Alexandria has started their 2 story with basement
office/classroom structure. The valuation on these 2 projects is $3,334,045. The Garrett
Group's 3 building projects on Better World Circle were completed in May for their grand
opening. EI Torito Restaurant is in plan check and will be located at Overland and
Margarita.
Total Permit and Inspection Activity
During the month of May 499 permits were issued representing a construction valuation of
$48,195,092. The total fees collected in the month of May were $1,226,583.
During the month of May inspection staff performed 4,419 inspections.
APPROVAL ~
CITY A TIORNEY
DIRECTOR OF FINA, I<n<"'"
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council , I A . A I
Howard Windsor, City Fire Chief ~
June 28, 2005
TO:
DATE:
SUBJECT:
2004 Year End Departmental Report
RECOMMENDATION:
Attached for City Council's review and filing is the Fire Department's Monthly Activity Reports and
Year End reports for the 2004.
The attached report provides the statistical information for the Fire and Emergency Medical
Services (Fire/EMS) incident calls in 2004. The primary purpose of the information contained
within the attached report is to assure that the Fire/EMS goal established by the Temecula City
Council is being met. The response service goal is as follows:
. To provide a five-minute response to all emergency calls within the Temecula City Limits
90% of the time.
Response time is defined as:
The time the unit indicates its response to the Emergency Command Center (ECC) until the unit
indicates its arrival at the scene of the incident.
Five fire stations provide the primary coverage within the City of Temecula. Only 4 of these five
stations are located within the city limits. The four fire stations located inside the city are Old
Town Station 12, Rancho Califomia Station 73, Parkview Station 84, and Wolf Creek Station 92.
The fifth fire station that responds into the city is French Valley Station 83 and is located east of
Temecula at the French Valley Airport.
In 2004, a total of 4902 calls were responded to within the City of Temecula. 82% (4034) of
these calls were for medical related emergencies that include traffic accidents. Providing a
timely response and Paramedic Services is a significant benefit to the residents of Temecula.
These coupled with the Public Access to Defibrillation (PAD) Program and Citizen CPR enhances
the heart related emergency survivability to the greatest extent possible.
With regard to response time and meeting the service goal referenced above, of the 4902 calls
responded to within the city, 90% of them received their service within 5 minutes or less. The
average response time to all calls in the city was 3.6 minutes.
During 2004 the Fire Department saw significant improvements in Paramedic Services. On July
15th E-92 (Wolf cree~ and E-12 (Old Town) were upgraded to Paramedic Assessment Engines
and on November 15 E-84 (Parkview) and E-73 (Rancho Califomia) were upgraded as well.
With these upgrades all 4 Temecula City engines are now able to provide Paramedic Services on
the first responding unit to all emergencies greatly enhancing our life saving capabilities.
Last year we were able to upgrade all the mobile computers in all emergency fire equipment.
This upgrade allows for better data collection and helps reduce response times by locating and
routing fire equipment to emergency incidents in a faster more efficient manner.
In 2004 the Fire Department continued to expand the AED program and began teaching safety
CPR to citizens. Over 400 Temecula citizens have passed the CPR class held at Station 84.
These classes are taught by Temecula Fire Department Paramedic employees and have been a
huge success.
With respect to Fire Prevention the goal is to maintain a built environment that ensures a
reasonable degree of fire and life safety for both firefighting personnel and the public. We
conduct plan reviews of new buildings and the fire related systems within them. We also
conduct inspections on the new buildings and engine company personnel inspect all existing
businesses within the city annually. The attached report shows our performance measured
primarily in tum around times of plan reviews for new construction. This is our most measurable
indicator. Fire Prevention also is responsible for Public Information and Education, and although
this is difficult to analyze based on performance standards we do make literally thousands of
contacts each year promoting fire safety.
The Califomia Department of Forestry and Fire Protection and Riverside County Fire Department
value the long-standing relationship it has with the City of Temecula through the Cooperative Fire
Services Agreement. We continue to evaluate our business practices to enhance our services
for the good of our organization and the professional services expected by local govemment in
maintaining these Cooperative Fire Service Agreements.
Any questions or concems regarding the information contained within this report can be directed
to Temecula Fire Chief, Howard Windsor.
2004 SlationYear End Slats
Erncrucncy Ach ih YTD
~. .
In/Onl CII, In Onl
Medical Aids 3220 790 Station 12 Total 1210
Traffic Collisions 814 180 Station 73 Total 1441
Rin . Alarms - No Fire 227 48 Station 83 Total 905
Rin . Alarms - With Fire 4 0 Station 84 Total '3n
Commercial Structure Fires 17 4 Station 92 T oIal 1302
Residential Structure Fires 32 7
Ve elation Fires 22 19
Other Fire 45 12
False Alarms 147 55
Public Service Assists 221 51
Fire Menace Standb s 121 41
Haz Mats 17 14
Other Incidents 15 9
Total 4902 1328
% of Calls on Scene in 5 min or less 90%
Avera eRe onse Times 3.6
Number of Calls 11
Time COrnmil ours 7.062
Fire Pre, ention- Suppression Personnel
Communit~ Aeth ilies YTD
78
56
180
299
3036
112
25
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2004 Year End Statistics
Emergency Acivity
1II/0ut ell, Tot'" YTD
Medical Aids 266 2847
Traffic Collisions 71 756
Rescues 0 0
Commercial structure Fires 1 33
Residential Structure Fires 6 72
Vehicle Fires 0 4
Ve~etation Fires 0 6
Imnrovement Fires 1 1
Refuse Fires 1 4
RinJtin~ Alanns 1 16
Public Service Assists 7 47
Fire Menace StandbYs 0 6
Haz Mats 0 6
Cover Assi=ents 0 2
Other Incidents 0 6
Total 354 3806
% of Calls on Scene in 5 min or less 89"10 89%
Averae:e Resoonse Times 3.8 3.8
Medic Squad 84 Total
2205
Medic Squad 73 Tntal
1601
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2004 Year End Plan Check & Inpection
Fire Prevention Stats
Plan Check Statistics YTD
373
309
144
4
383
152
30
o
14
258
114
572
o
197
25
337
56
2968
-Of the 2968 plan checks completed by the Fire Prevention Bureau
approximately 2 inspections is done per Building permit and 3 per Fire Permit.
Building Permit Inspections
1300
Fire Permit Inspections
3200
Approximate Total Inspections
4500
The Fire Prevention Bureau keeps to the Citys tumaround standard of
10-12 working days on a New Submittal and 5-7 working days on a
Re-submittal.
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jim O'Grady, Assistant City Manager
DATE: June 28, 2005
SUBJECT: Economic Development Monthly Departmental Reports
Prepared by: Gloria Wolnick, Marketing Coordinator
The following are the recent highlights for the Economic Development Department for
the month of May 2005.
ECONOMIC DEVELOPMENT
Leads and Inauiries
In the month of May, the City received a lead from a research, development and
consulting services company to the nuclear industry looking to expand.
Demographic and other material were provided.
The Southwest California Economic Alliance, in conjunction with the City of Temecula,
sent out letters to Temecula landowners inviting them to participate in the region's
Foreign Trade Zone (FTZ) application. The Foreign Trade Zone Program, created in
the 1930's, was designed to facilitate trade and stimulate economic growth and
development in the United States. Officially outside of U.S. Customs territory, the FTZ
allows business to defer or eliminate duty on imported goods prior to actually entering
the U.S.
On May 18th, Gregory Lee of Southwest California Economic Alliance gave a tour of the
region to Charlie Cangelosi, Real Estate Manger, with OTO Development 100kiAg to
build a "limited service hotel" in the region. These hotels include; Hampton Inn,
Embassy Suites, Extended Stay, etc. Staff provided Gregory with a zoning map, and
available property information. .
Business Retention
Economic Development Corporation of Southwest California reported that as of May
2005, there have been a total of 19 visitS and 4 phone surveys.
1
Special Events
The Economic Alliance Partners met several times in May to plan the National
Association of Industrial and Office Properties (NAIOP) economic forum which was
scheduled for June 9th at Temecula Creek Inn.
Mayor Comerchero, Councilmembers Edwards and Washington and staff attended the
Garret Corporate Center Reception on May 5th The project consists of three Class
"A" office buildings totaling 58,625 square feet on 5 acres. The offices are located on
BetterWorld Circle off of Ridgepark Drive. Occupancy was granted in May for the One
BetterWorld Circle Office Building.
Council and staff attended the Temecula Public Library Groundbreaking Ceremony
on May 12th.
Media/Outreach Materials
Staff wrote the City article for the June Chamber of Commerce Newsletter titled:
"Temecula - Running Circles Around the World" article which highlighted the FIT
program and the summer activities and programs put on by the Temecula Community
Services Department.
Staff updated the Fast Track brochure insert which is included in the city's business kit
and used as a handout.
Meetinlls
Staff attended the Economic Development Corporation of SW Riverside County
Business Relations Committee Meeting on May 5th. Follow-up action reports:
Temecula staff will follow-up with Jon Atwood at Toyota of Temecula Valley regarding
their facility expansion. Committee to follow-up with Napa Auto Parts and Old World
Staircases for employees training resources, and Nuphoton on the Alliance job database
for recruitment and job postings. Company Contact Reports included: Old World
Staircases, Napa Auto Parts, Toyota of Temecula Valley, Uno Valet Parking, Nuphoton
Technologies and Offerman Industries. Staff provided an update on the Temecula
Higher Education Center, Dalton buildings, NAIOP conference, groundbreaking for the
new library and the California Retail Survey results naming Temecula as a state leader
in retail sales.
Staff attended the Murrieta-Temecula Group meeting on May 6th. Dr. David Long
(State of R.C. Education & Demographic Growth) was the keynote speaker.
Councilmember Washington and staff attended the Economic Development
Corporation of SW Riverside County Board of Directors Meeting on May 19th at
Rancho Springs Medical Center Administrative Building. A presentation was given by
Sheriff Bob Doyle on current activities of the Department, especially efforts to obtain
funding for the Ben Clark Training Facility. Sheriff Doyle noted Temecula's endorsement
and thanked the City. This facility could have significant benefits for joint training of not
only law enforcement, but fire/medical, utility workers and others that may be involved in
an emergency situation. This training is important for homeland security as well as other
emergency situations that can arise.
2
Agenda items approved included: the slate of nominees for EDC Board of Director
elections, EDC Director-at-Large Election Ballot, new corporate letterhead. Items
discussed included: Southwest California Legislative Council funding request and
Californians to Stop Higher Taxes Initiative. Staff reported on the following: highlights of
the proposed CIP and Operating Budget, Higher Education Center to go before Council
on June 28th, status of the Hospital project, "Every 15 Minute" program, and John Husing
presentation of Community Demographics Report at the June 28th Council meeting.
On May 19th, Mayor Comerchero and staff met with Steve Bieri and son, Michelle
Shierberl of Grubb & Ellis, to discuss the city sign on his property and possible land
uses. Mr. Bieri's property is Winchester Hills located in the Harveston area
consisting of 100 acres. A mixed-use development incorporating office and upscale
retail and possibly residential and a top quality hotel with conference space is preferred.
This is one of the premier sites in the region.
Staff attended the Partners in Education Committee Meeting on May 2nd.
Staff met on May 10th with Scott Riddle of the Staubach Company to discuss the DCH
property - 6 acres community commercial south of Rancho Way.
Staff attended meeting on the Temecula Higher Education Project on May 11th and
25th and reviewed progress on the planned project.
On May 17th, Don Pikasyck and other members of Universal Health Systems met with
staff to discuss the planned Temecula Hospital and Medical Center project.
TOURISM
Special Event
Staff worked with the Temecula Valley Convention & Visitors Bureau on staffing the
City/Chamber information booth for the Temecula Valley Balloon & Wine Festival
event. The City is provided this opportunity through its sponsorship of the Festival.
Staff worked on the Inland Empire Tourism Council FAM Tour Planning Meeting,
which was planned for June 12th - 13th. The Familiarization Tour will highlight the cities
of Hemet, Idyllwild, Lake Elsinore and Temecula. Staff is coordinating the event with the
Temecula Valley Winegrower's Association and the Temecula Valley Convention &
Visitors Bureau.
Advertisin!l & Media
Staff finalized the Temecula tourism rack brochure with graphic designer Annie Howell.
The rack brochure will be printed in May.
Staff worked with graphic designer Annie Howell on updating the City's ad for the San
Diego Visitor Pock Guide which will be published Summer/Fall 2005.
Staff sent photos and event information to RV Journal for publication in their upcoming
issue.
3
The Anaheim/Orange County Area special commemorative for Disneyland's 50th
Anniversary Celebration, appeared in the Friday, May 13th, USA Today issue in 9 major
markets. The distribution for the section was over 1 million. Temecula was represented
well in the issue. Temecula co-op partners include: Temecula Balloon & Wine Festival,
Temecula Valley Winegrowers Association, Temecula Redevelopment Agency and City
of Temecula. (see attached)
Meetings
Staff attended the Inland Empire Tourism Council Board (IETC) Meeting on May 10th
at Cask n' Cleaver in Riverside. Items discussed included: treasurers and membership
reports, RFP for 2006 IETC Visitor's Guide and direction of IETC.
Staff attended the Inland Empire Tourism Council Luncheon on May 10th at Cask n'
Cleaver in Riverside. The theme, "How to pitch your story to the press", was presented
by various representatives of the press. Speakers included: writers from the Business
Press, San Bernardino Sun, Press Enterprise, free-lance travel writer, representative
from the State of California Tourism Publications, and Jeff Hocker, Director of
Communication for the Palm Springs Bureau of Tourism.
On May 25th, the Economic Development Subcommittee and staff met witH P & R
Foundation regarding the Spring Car Show. P & R Foundation presented a proposal to
put on the event which will be considered at the June 28th Council meeting.
Staff met with the Musicians Workshop regarding additional funding for the upcoming
Temecula International Jazz Festival. The funding request was presented formally to
the City Council on May 24th.
ATTACHMENTS
Temecula Valley Chamber of Commerce Activities Report
Economic Development Corporation of Southwest Riverside
County Activity Reports
Southwest California Economic Alliance Activities Report (not
submitted)
Advertising
4
~
I~
TEMECULA VALLEY CHAMBER OF COMMERCE
June 9, 2005
Shawn Nelson, City Manager
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
Dear Shawn,
Attached please find the May Monthly Activity Report as per our contract with the City of
Temecula.
This is the month of May at a glance:
Business Inquiry Highlights: In the month of May, 5 businesses requested information on starting
or relocating their business to T emecula. They received a business packet, which included a copy of
the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc.
Board of Directors Highlights: Dayne Wagoner, EDGE Development, Inc. and Tom Paradis, The
Press-Enterprise have been appointed to the TVCC Board.
Education Committee: The committee awarded $500 scholarships to 3 exemplary students: Vivian
Tang, Temecula Valley High School, Austin Eckard, Chaparral High School, Erin Poole, Linfield
Christian School. Vivian Tang of T emecula Valley High School was selected as the overall winner
and awarded an additional scholarship. The Student of the Year Luncheon will be held on Monday,
June 13, 2005 at Sizzler Restaurant. The 8 students who will be recognized for their hard work and
dedication are: Kylie Morel and Bryce Woolley, Chaparral High School, Taylor Martindale and Isaac
Irby, Linfield Christian School, Kimberly Ho, Rancho Santa Rosa High School, Joshua Pipkins,
Rancho Vista High School, Jessica Thompson, Raice Wicklas, Temecula Valley High School.
2005 Leadership Academy will begin on Saturday, September 17, 2005 and held at the Temecula
Creek Inn. An excellent group of instructors has been gathered to facilitate the seven-week program.
This academy will be offered in conjunction with UCR Extension.
Temecula Valley Convention and Visitors Bureau: Tuesday, May 3'., 2005 the TVCVB attended a
lunch meeting with Ken Westmyer, General Manager of the Holiday Inn Express, the TVCVB
reviewed plans to proceed with a Tourism Improvement District (TID). The Holiday Inn Express is in
full support of our efforts. Thursday, May 4th, the TVCVB provided Temecula CD's and CVB business
collateral to Carolyn Fittipaldi from Stuart Cellars for Wine Tasting Events in Anaheim and Newport
Beach. Wednesday, May 4th and 5th, the TVCVB visited twelve City of Temecula Hotels and Motels
and provided information and an invitation to attend an "All Hotel Meeting" for the proposed Tourism
Improvement District (TID). Thursday, May 5th, the TVCVB attended the 2005 International Jazz
Festival planning meeting lead by Jon Laskin from the Musician's Workshop. The TVCVB will assist
the Musician's Workshop by developing and conducting an even! survey. This survey will assist in
identifying the demo~raphics of our visitors. The 2005 International Jazz Festival event is scheduled
for July 15th - 17h Thursday, May 5th, the TVCVB assisted Kari Land from Terraces
A~artmentlHomes for a company "Family Fun Day" event for 160 guests on July 220d Friday, May
6t, the TVCVB assisted and supported the Temecula Valley Chamber's Golf Tournament. The
TVCVB will sponsor a hole in 2006. Monday, May 9th, the TVCVB attended a Meeting with
Supervisor Jeff Stone and Stevie Fields, Legislative Team Member. This meeting was to review
26790 Ynez Court. Temecula, CA 92591
Phone: (951) 676-509(\. Fax: (951) 694-0201
www.temecula.org . e-mail: info@temecula.org
partnership opportunities for the proposed Tourism Improvement District. The TVCVB requested
support from Supervisor Stone to include Wine Country in this proposed district and funding to
support the partnership with Riverside County and Wine Country to provide a Visnors Center in Wine
Country. Supervisor Stone is in full support of our proposed plan. Supervisor Stone appointed Ms.
Fields as our contact for a follow up meeting to review the TVCVB funding requirement. Monday,
May 9'\ the TVCVB assisted Martha Cowell from the State of California Dismantlers Association with
visitors information for an event scheduled at Pechanga Resort and Casino in September for 180
guests. Tuesday, May 10'h, the TVCVB attended the Inland Empire Tourism Council Meeting. Topic
was "Getting Your Press Releases Printed". New contacts were made with Palm Springs Marketing
Director, the Publisher from Sunset Magazine, The Press Enterprise, the Business Journal, the San
Bernardino Convention & Visitors Bureau and the California Tourism and Trade Commission.
Thursday, May 12'h, the TVCVB gathered business promotional giveaw~s and rack brochures for the
Temecula Valley Balloon & Wine Festival Scheduled for Friday June 3 - 5th. The TVCVB recruited
33 volunteers for this three-day event. Monday, May 23"', the TVCVB held an all hotel
Communication meeting with the hotels and motels from the City of Temecula. Wednesday, May
25th, the TVCVB assisted Scott Carr from the American Backflow Prevention Association on an event
scheduled for 125 guests in November 2005. The TVCVB sent out a Lead Sheet IRFP to Pechanga
Resort and Casino, Temecula Creek Inn, Embassy Suites, and Pala Mesa Resort. The TVCVB held
standing committee meetings on Thursdays in May. Finance-May 5'h, Marketing-May 12'h,
Government, May 19'h, and Membership on May 26'h.
Southwest California legislative Council: The Southwest California Legislative Council reviewed
AB 1605 - Elder and Dependent Abuse- Oppose as written; AB1018 - Elder and Dependent Aduit
Abuse - Oppose; AB9 - Education finance, sales and use taxes - Oppose; SB757 - Petroleum
Demand Reduction Act - Oppose; California To Stop Higher Taxes (CSHT) - Oppose.
Members of the Council attended the California Chamber leadership Conference and Legislative
Summit. Meetings were held with Assembly member Benoit, Bogh, Haynes and Senator
Hollingsworth. White Papers were presented on behalf of the three Chambers, which included
positions of support for the Proposed Western Region Homeland Security Training Center at Ben
Clark Training Center; Mount San Jacinto Community College and Worker's Compensation Reform.
Business Development Resource Committee: The Mystery Shopper winner for June is lake
Elsinore Storm Baseball. The Businesses of the Month for June, chosen by the Southwest California
Legislative Council, are Arrowhead Credit Union and Metropolitan Water District. The Chamber
Spotlight winner for June is Truly Creative Network Solutions.
Membership & Marketing Committee: 45 businesses joined the Chamber in May 2005. Staff and
Ambassadors attended 8 Ribbon Cutting events. 280 members and guests attended the monthly
mixer, which was hosted by Baily's Old Town Dining Restaurant. 71 members networked during the
Membership Networking Breakfast at the Embassy Suites Hotel in May. The committee is working
diligently on requesting giveaways from members for the 4'h of July Extravaganza.
'.
Special Events Committee: The 5'h Annual Economic Outlook Conference wili be held on Thursday,
June 23, 2005 at Temecula Creek Inn from 3:30 p.m. to 5:30 p.m. with Dr. Esmael Adibi as the
keynote speaker. The Special Events Committee is also planning the 14'h Annual Monte Carlo
Extravaganza, which is scheduled to take place Wednesday, September 21, 2005 at the beautiful
Wilson Creek Winery. The Southwest California Legislative Summit will be held on Friday,
September 3D, 2005 with Dan Walters from the Sacramento Bee as the events moderator. Currently
Assembly member John Benoit is confirmec! to speak on Transportation Issues. Invitations have bE,on
extended to Special Advisor to Governor SChwarzenegger, David Crane, Senator Der,;,is
Hollingsworth, Insurance Commissioner John Garamendi, Assembly member Russ Bogh and First
Vice President of Pechanga Development Corporation, Anthony Miranda.
Tourism Highlights (Bulk brochure distributors)
Activity Report:
2
. 110 Visitor Guide requests were processed from the City of Temecula's Wesf.Nay's advertising
marketing piece.
. 20 Visitor Guides, 50 Tourism Maps and 50 Winery Brochures were distributed to Jo Ayers of
Keller Williams Realty for a Real Estate Seminar.
. 1,000 Temecula Tri-fold Brochures were distributed to Bob Davies of Can Am Tours, Inc. for Golf
Promotion Tours.
. 1 00 Tourism Maps and 100 Winery Brochures were distributed to Susie Alvarez of Bethel
Christian Church for a Women's Retreat.
. 100 Tourism Maps were distributed to Steve Lamberson of Century 21 Wright for homebuyers
and relocation packets.
. 50 Winery Brochures and 50 Tourism Maps were distributed to Cecilia Bragg for out of town
guests.
Activity Report:
. Tourism calls for the month of May - 1,796
. Phone calls for the month of May - 3,299
. Walk-ins for the month of May - 2,437
. Web Page User Sessions for the month of May - 5,961
. Website Tourism Survey - "How did you hear about Temecula" -125 responses were received:
. Article - 1 %
. Friend - 22%
. Link - 7%
. Magazine - 8%
. Other - 34%
. Radio - 0%
. Search - 17%
. TV-11%
Also, attached are the meeting minutes for the Temecula Valley Convention & Visitors Bureau,
Education, Southwest California Legislative Council, Business Development Resource, Membership
and Marketing and Special Events committees. If you have any questions regarding this information,
please cali me at (951) 676-5090 or e-mail asullivan@lemecula.org. Thank you.
Sincere~,
-'
'.
cc: Mayor Jeff Comerchero
Councilman Mike Naggar
Shawn Nelson, City Manager
Jim O'Grady, Assistant City Manager
Gloria Wotnick, Marketing Coordinator
Mayor Pro Tern Ron Roberts
Councilman Chuck Washington
Councilwoman Maryann Edwards
Gary Thornhill, Deputy City Manager
TVCC Board of Directors
3
'.
Temecula Valley Chamber of Commerce
Monthly Activity Report
May 2005
Chamber Vis. Center Year-To-Date
PHONE CALLS This Month This Month Total
TOURISM
Tourism Referrals 443 1,869
Calendar of Events 231 1,082
Special Events 333 1,644
General Information 1,155 5,332
TOTAL TOURISM CALLS 2,162 9,927
Relocation 195 945
Demographics 143 694
Chamber 908 4,228
Miscellaneous 449 2,249
TOTAL PHONE CALLS 3,857 18,043
WALK-INS
Tourism 225 48 1,113
Calendar of Events 156 738
Special Events 128 1 643
General Information 818 70 4,211
Relocation 154 3 791
Demographics 122 604
Chamber 566 2,869
Miscellaneous 274 1,507
TOTAL WALK-INS 2,443 122 12,476
MAILINGS
Tourism 212 1,511
Relocation 31 201
Demographics 39 232
TOTAL MAILINGS 282 1,944
E-MAIL
Tourism 112 570
Relocation 86 422
Miscellaneous 177 957
TOTAL E-MAIL 375 ., 1,949
WEB PAGE USER SESSIONS 5,961 28,253
GRAND TOTALS This Month Year-To-Date
PHONE CALLS 3,857 18,043
WALK-INS 2,443 12,476
MAILINGS 282 1,944
E-MAIL 375 1,949
WEB PAGE USER SESSIONS 5,961 28,253
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Annual Volume Comparisons
Chamber Chamber Percentage
May 2004 May 2005
PHONE CALLS
TOURISM
Tourism Referrals 468 443 -5%
Calendar of Events 222 231 4%
Special Events 192 333 73%
General Information 1,001 1,155 15%
TOTAL TOURISM CALLS 1,883 2,162 15%
Relocation 208 195 -6%
Demographics 114 143 25%
Chamber 867 908 5%
Miscellaneous 295 449 52%
TOTAL PHONE CALLS 3,367 3,857 15%
WALK-INS
Tourism 231 225 -3%
Calendar of Events 163 156 -4%
Special Events 82 128 56%
General Information 767 818 7%
Relocation 151 154 2%
Demographics 114 122 7%
Chamber 452 566 25%
Miscellaneous 275 274 0%
Visitor Center Walk-Ins 189 122 -35%
TOTAL WALK-INS 2,424 2,565 6%
MAILINGS
Tourism 551 212 -62%
Relocation 52 31 -40%
Demographics 52 39 -25%
TOTAL MAILINGS 655 282 -57%
E-MAIL
Tourism 102 112 10%
Relocation 88 86 -2%
Miscellaneous 295 177 '. -40%
TOTAL E-MAIL 485 375 -23%
WEBSITE USER SESSIONS 5,682 5,961 5%
* Chamber referrals reflect faxes, walk-ins and phone calls
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COl1vel1 tion and Visitors Bureau
Finance Subcommittee
Meeting Minutes
Thursday, May 5, 2005 @ 9:30 a.m.
Location: TVCC
Chairperson: Vacant
TVCVB Co-Chair: Valarie Skovron (present)
Board Liaisons: Denis Ferguson (not present), Bill Wilson (not present)
Committee Present: Ginny Mulhern, Laurie Dimond, Cherise Manning, Brian Thrush
Staff Present:
Kimberly Adams & Carrie Kumano
Call to Order
The meeting was called to order at 9:35 a.m.
Self-Introductions
Self-Introductions were made around the group.
2004/2005 BudQet
Skovron thanked everyone for attending. Adams said that this subcommittee will be covering
fund raising events and review the budget and financials. The budget has always been on a forecast
level and soon we will be able to make decisions on where to allocate funds. The advisory board will
also playa large role in determining fund allocation. Adams reviewed the 2004/2005 budget
Pechanga Resort & Casino has generously sponsored the TVCVB for two years, but we will need to
inquire as to their role for the future. Membership is slowly increasing. The Meeting Planner's Guide
and the Visitor's Guide should both yield a minimum $6,000 each in ad sales. The Visitor's Guide
projected completion date is July 1, 2005. Identifying ourselves (TVCVB) as a separate entity from
the Chamber, we asked the City of Temecula to help fund our website and they generously donated
$34,000. Web advertising budget is approximately $3,000 and currently we are on track to meet that
goal. Manning suggested looking into "paper clicks" to track visitors and we need to focus on search
engine optimization. The group discussed the possible obstacles with requiring businesses to be dual
members for both the TVCC and TVCVB. Mulhern mentioned that we are looking to see what our
options might be in relation to the dual membership. It was discussed that memBers will want to see
the benefit of being a TVCVB member and we need to enforce participation rules. Only TVCVB
members should be allowed to attend the quarterly and subcommittee meetings and be listed on the
TVCVB website. It was stated that there needs to be a distinction between whethrer the visitor's
guide is being produced by the TVCVB or we are just promoting it (again, members will want to see
the value of being a TVCVB member). Skovron mentioned that even just having two or three main
benefits will be key for businesses to see the value.
YTD Expenditures
Currently the TVCVB pays rent as well as other operating expenses to the TVCC. We have money
allocated for marketing but we haven't used it based on the need to identify permanent funding.
Some has been used for collateral such as new media kit folders, letterhead and applications.
Skovron mentioned that the membership subcommittee will be driving membership sales and that
should make up for some of the current deficit in new members. We are working on a postcard to
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help promote and drive traffic to the website. We have an ad in association with the Disney
Anniversary and it lists our website.
Tourism Improvement District ITID)
Adams explained that a TID's utilize the efficiencies of private sector operation in the market-based
promotion of tourism districts. TID's allow business owners to organize their efforts to increase
tourism. Tourism-related business owners within the district fund a TID and those funds are used to
provide services that the businesses desire, The TID allows for the creation of a special benefit
assessment district to raise funds within a specific geographic area and the key component is that
funds raised are returned to the private non-profit corporation governing the district. The original plan
was to increase the Transient Occupancy Tax (TOT) to bring us closer to the national average of
12%, but after polling the community and determining the feasibility, it was decided that timing was a
huge issue and there was no guarantee of winning the campaign, The TID was suggested by a local
hotel who realized that the TVCVB could receive twice the amount in funding, which would in turn be
used specifically market our destination and region. Adams has already met with some of the hotels
and they are in agreement for the formation of the TID. City Council has also been consulted and
they, too, are in support of the TID. They suggested to approach the County of Riverside to see about
additional TID's for areas within the county. Skovron suggested to look at a 30 mile radius when
presenting to the county to have everyone included and represented. The currently advisory board
would oversee the spending and allocating of the funds. A TID takes 60-90 days to implement. There
are 1 year and 5 year districts. A meeting is set up for Monday, May 23'd, 2005 to meet with a
consultant and the hotel owners to discuss the options. The TVCVB could stand to see $350,000 -
$550,000 through a TID. Pechanga Resort & Casino has also expressed an interest in possibly
setting up the same type of situation to support the TVCVB. Dimond asked how you get all of the
hotels to buy in? Adams said that it would basically have to be mandated for all hotels within the city
of Temecula to participate as long as 51% of the major contributors were in agreement. Skovron said
that we should go for the 5- year TID. Adams mentioned that it will be up to the hotels to determine
the amount and timeframe of the TID. Manning asked if the hotels ever get challenged by the visitors
based on the amount of tax that is imposed. Dimond said the "transient" hotels/motels typically do not
get challenged, however, the "group" hotels could be impacted.
October Mixer & Fundraiser
The date has been set for Thursday, October 13th, 2005 and Temecula Creek Inn has offered to host
the event at the Stonehouse. We will most likely have to offer a hayride out to the site since there is
no parking allowed on the golf course, Adams mentioned that monthly mixers will start in 2006 after
we have a stable membership and funding options. Skovron mentioned that we need to have the
current members out promoting the TVCVB since we do not have any organized events going on right
now.
Action Steps for Next Meetina
. Keep reporting the budget numbers
. Establish goals of subcommittee
. Organize a task force for the October Mixer & Fundraiser
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Adiournment
Thank you for attending!!
Next Meeting: Thursday, June 2nd, 2005 @ 9:30am
Location: TVCC
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Convention and Visitors Bureau
Government/Public Relations Subcommittee
Meeting Minutes
Thursday, May 19, 2005 @ 10:30 a.m.
Location: TVCC
Chairperson: Dr. Billie Blair (present)
TVCVB Co-Chair: Valarie Skovron (present)
Board Liaisons: Greg Morrison (not present)
Committee Present: Ginny Mulhern, Jann Gentry, Bill Seltzer, Peg Moore, Kevin Jeffries
Staff Present:
Carrie Kumano and Alice Sullivan
Call to Order and Introductions
The meeting was called to order at 10:34 a.m.
Approval of Meetinq Minutes
Moore made a motion to approve the April 21st, 2005 meeting minutes as written; Skovron seconded
the motion, which carried.
Leqislation Needs of Members/Businesses
Blair asked the group if anyone had legislation needs for their businesses. Seltzer mentioned that he
felt public relations was very important at this time and there is a need to focus on educating the
community about what the TVCVB does, its goals and how it will affect the local public and
businesses. Seltzer added that there would probably be opportunities to turn negatives into positives.
Blair asked what would be the educative process. Seltzer said through written material and hand-
outs, as well as verbal correspondence. Gentry suggested to show the value of participating with and
believing in the TVCVB and maybe send an e-mail with important information and updates. It was
mentioned to develop a database with hotels and all tourism based businesses to communicate with.
Moore suggested to include the Temecula Valley Winegrowers Assn. Sullivan stated that any
legislation relating to tourism should come under this subcommittee and the education should be
communicated through e-mail, website and the quarterly newsletter. It may be necessary to plan
something a little more formal in the near future to help awareness. Moore said we still need to solicit
additional people's issues and concerns. Skovron mentioned that people need to hear statistics in
order to make an impact. Moore said that not everyone will care but we need to reach the ones who
do and contact those who need to know we are here. Blair will speak with city council to see if they're
interested in attending this meeting. One issue that was brought up was from an article in the
newspaper regarding local vintners requesting that grapes are produced and sold locally. The group
felt that the TVCVB should support the local vintners. Gentry asked what is the practical application
to show support. Moore stated that if it pertains to the Temecula Valley then we should support the
Temecula Valley. We should write a letter as a committee and get behind the local winegrowers.
Moore made a motion and Seltzer seconded the motion. Sullivan mentioned that the Southwest
California Legislative Council tries to bring in speakers to inform the committee and allows them to
make educated decisions. Sullivan suggested that we take the motion to the board of directors for
their input and support. Moore suggested to call Linda Kissam and see if she is in favor of our
support. Blair suggested to amend the original motion and the group agreed. Seltzer asked if all
wineries were in support of the TVCVB. Moore said she felt most were. It was suggested to contact
Shaun Lumachi and inform him of our intentions and direction. Gentry asked where we get out
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credibility and it was mentioned from the TVCC board of directors and TVCVB advisory board. Gentry
also asked if we (TVCVB) would be well received. Skovron said we need to find a good balance.
Blair asked the group if there were any other issues. With nobody making any other suggestions, she
asked the group to please stay aware of other issues we could entertain, BiII'Wifson will be able to
keep us updated on any necessary issues. Sullivan will ask if Ben Drake can ~peak to this group, as
he is currently scheduled to speak to the Southwest California Legislative Council. Blair mentioned
that Haynes and Hollingsworth offices have responded to the request of their participation with the
committee and they will try their best to send representation when available.
Actions of Southwest California Leaislative Council
Blair mentioned there were three notable pieces of legislation. AB1605 - Elder and Adult Dependent
Abuse relating to financial documents (Opposed) and AB1018 - Also related to Elder and Adult
Dependent Abuse (Opposed); AB9 - Tax burdens on small businesses (Opposed); SB757 -
Additional tax and higher gas prices on SUV's (Opposed).
Southwest California Leaislative Council Website
The website address is: www.southwestcaliforniaadvocacY.biz
Update of TVCVB Fundina
Sullivan explained that we are now looking at a Tourism Improvement District (TID) instead of an
increased Transient Occupancy Tax (TOT) campaign. City council has approved the formation of a
TID and Jeff Stone has also given support through the County of Riverside. A TID meeting is
scheduled for Monday, May 23rd to educate and inform the Temecula lodging facilities regarding a TID
formation. Sullivan also mentioned that herself, Pam Voit, Kimberly Adams, Dennis Frank and
Janese Reyes will be attending the Legislative Summit on May 24 & 25 and it is a great resource for
contacts and exposure. Napa Valley will have a guest speaker and they anticipate gathering valuable
information at the summit.
Speak Bureau Presentation
Due to time constraints, Skovron was not able to do a full presentation to the group. She asked that
the group please review the information on their own and feel free to ask any questions at the next
meeting. She also suggested to use the information when speaking to the public/community about
the TVCVB and tourism.
Action Steps for Next Meetina
. Continue to bring updates from Southwest Legislative Council
. Invite Shaun Lumachi to the next meeting
. Invite Ben Drake to speak at a future meeting
. Meeting time will change to 2pm
Adiournment
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Thank you for attending!!
Next Meeting: Thursday, June 16th, 2005 @ 2:00pm
Location: TVCC
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C01lVe1lti01l a1ld Visitors Bureau
Marketing Subcommittee
Meeting Minutes
Thursday, May 12, 2005@ 11:30 a.m.
Location: TVCC
Chairpersons: Jeff Brown (present), Steve Mallory (present)
TVCVB Co-Chair: Ginny Mulhern (present)
Board Liaisons: Melody Brunsting (not present), Kelly Daniels (present)
Committee Present: Valarie Skovron, Sandi Hargraves, Gail Bradley, Jim Miley, Jeannie Miley, Andy
Mcintosh, Gerry Clarkson, Dave Endress, Vangie Esteban, Leah DiBernardo, Cherise Manning
Staff Present:
Kimberly Adams & Carrie Kumano
Call to Order and Introductions
The meeting was called to order at 11 :31 a.m. Self-introductions were made around the group.
Approval of Minutes
Brown made a motion to approve the April 14, 2005 meeting minutes. Skovron seconded the motion,
which carried,
Marketinqlntelliqence Data GatherinQ
Brown reviewed the handout of the City of T emecula's Marketing Data, Goals and Objectives and
stated that it was a good foundation to start with and the Marketing subcommittee could add to it and
modify it as necessary. One of the purposes of the subcommittee will be to give direction and
structure to the CVB staff, Adams said that the City of T emecula currently uses a portion of the
Transient Occupancy Tax (TOT) to market the city and we are partnering with Gloria Wolnick to
determine the best areas and avenues for those marketing dollars. The new website postcard was
distributed and it will serve as a marketing piece to drive more traffic to the TVCVB website. Brown
said that the size of the postcard was good because meeting planners and operators do not want
large collateral to carry around at tradeshows, Brown brought some SDCVB collateral as examples of
great branding. Brown said that community relations will be very important and maybe we need to
formalize a program to go to businesses to ask for their advocacy and support. The TVCVB staff
attended a seminar by the Inland Empire Tourism Council on "How to stay conne-cted with the Media."
It was stated that photos and images are very important resources for the media, J. Francis Miley
Photography has volunteered to help us increase our photo library and work with us on updated
photos. Adams said that we will be partnering more with the Southwest California region as opposed
to the Inland Empire. Adams also mentioned that we are currently working on Search Engine
Optimization for our website and we are getting over 100 hits per day. Adams suggested that the
members partner with the City of Temecula on their support of special events in the area. The
members can really benefit from the efforts and marketing dollars spent on the promotion of these
events, Adams mentioned that little money needs to be spent outside of California since most visitors
are from the drive market. It was suggested to work with the film commission and produce a
production guide. Leah DiBernardo volunteered to help in this area due to her past experiences.
Sherry Davis, with the Inland Empire Film Commission, is scheduled to speak at the next Quarterly
ConVis meeting in July. Brown shared showed some research data on his property and said the goal
was to gather and establish data bases for the staff to utilize. Sharing information will help us stay
balanced and represent all members.
MarkeetinQ Collateral Development & SUQQestions
Adams reviewed what is currently used for Media Kits and Visitor Kits. She asked for more member
collateral to include in the kits and keep within the lobby.
Current Member Participation with Tradeshow & FAM Tours
Mallory asked if members had participated in tradeshows and FAMs. He mentioned that we need to
determine what tradeshows they have participated in before and which shows should the TVCVB be
involved in. Mallory suggested that staff e-mail the members the question of specific tradeshow
participation to compile a good list. He also mentioned that we should offer co-op booths and
determine the best times of the year for specific tradeshows. Adams asked the group to please use
the TVCVB as a resource for their events and please link our website to theirs as an additional
resource. Adams reviewed the Tourism Improvement District (TID) and the main goal is to drive
midweek traffic to all businesses. It was mentioned that Temecula had a 21% growth rate compared
to the national average of 6%. Skovron asked the members to please join the TVCVB if they have not
already done so. The Volunteer Sign-up Sheet for the Balloon & Wine Festival booth was circulated.
Action Steps for Next MeetinQ
. Ask Temecula Valley Winegrowers Assn. to share some data (addresses and zip codes) to
help determine target market for wine country. We also need to ask the hotels and the golf
industries.
Adiournment
Thank you for attending!!
Next Meeting: Thursday, June 9th, 2005 @ 11 :30am
Location: TVCC
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Co1lt'elltion alld Visitors Bureau
Membership Subcommittee
Meeting Minutes
Thursday, May 26 , 2005 @ 11 :30 a.m.
Location: TVCC
Chairperson:
TVCVB Co-Chair:
Board Liaisons:
Peggy Evans (not present)
Ginny Mulhern (present)
Doug Leiber (present), Rusty Manning (not present)
Committee Present: Nina Stanley, Valarie Skovron,
Staff Present: Kimberly Adams & Carrie Kumano
Call to Order and Self Introductions
The meeting was called to order at 11 :35 a.m. Self introductions were made around the group,
Approval of Meetinq Minutes
Stanley made a motion to approve the April 28th, 2005 meeting minutes as written; Leiber seconded
the motion, which carried.
Memberships to Non-Chamber Members
Leiber mentioned that the focus right now is on the funding. Once that is established, we can move
forward on the possibility of accepting non-chamber members as TVCVB members. Adams added
that we should not have a difficult time obtaining new members after we identify the funding, however,
the recruitment effort still needs to continue. Leiber stated that we need to make sure we're doing the
follow up to the mailing. Skovron suggested that we physically visit businesses and provide basic
information. It was mentioned that after we grow with more sales and support staff, the businesses
will see the benefit of being a member.
Invoicinq to EncouraQe Membership
Mulhern asked if we should still invoice the TVCC members to push for memberships? Leiber said
we should still call and have the other subcommittees assist in the effort. Staff will print lists and
separate them by category to hand out to the subcommittee members. A script needs to be
developed for all to use. At that time, we can ask if we can send an invoice. It was determined that
when Kumano sends the e-mail reminders for the subcommittee meetings, to include a "call-to-action"
statement to get the best turnout at the meetings. Leiber suggested a contest fo'r all new members
(and current existing members) to join the TVCVB. Skovron suggested to have a speaker at the July
Quarterly meeting to address the benefits of being a TVCVB member. Adams mentioned that we
already tentatively have two speakers planned (a rep from the California Tourism and Trade
Commission and a rep from the Film Commission).
Advisor ProQram
Mulhern said we should acknowledge the Advisors at the July Quarterly meeting. We will need to
order name tags with our logo and ribbons that say "Advisor." The name tags should also include the
member's business name. It was determined that the ribbons should be burgundy with gold lettering.
Mulhern will contact the Speaker Bureau reps and invite them to the July Quarterly meeting.
Thank You E-mail to Current TVCVB Members
Adams is currently working on this task.
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Increase Membership
This agenda item was tabled for another time,
Need of Co-Chair for Subcommittee
This agenda item was tabled for another time.
Flowchart with Timeline & Small Task Force
Mulhern is working on the flowchart. Adams mentioned that the Advisory Board is looking for specific
goals for each subcommittee. We need to show how the goals will be accomplished; the tangible
tasks that it will take to complete the goals.
Action Steps for Next Meetinq
. Script for Membership Solicitations
. Subcommittee Goals and Tasks
. Advisors notified of the July Quarterly meeting
Adiournment
Thank you for attending!!
Next Meeting: Thursday, June 23rd, 2005 @ 11 :30am
Location: TVCC
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TEMECUlA VALLEY CHAMBER OF COMMERCE
Business Development Resource Committee
MEETING MINUTES
Wednesday, May 18th, 2005, @ 8:00am
TVCC Conference Room Sponsored by Community Little Book
Committee Chair: Bert Baluyut (present)
Board Liaisons: Bill Wilson (present)
Co-Chair: Bob Hagel (present)
Members Present: Ron Simkin, Carole Crocker, Chad Hensley, Kurt Peck, Ginny Mulhern,
Ann Smith, Kirby Bown, Ari Nadelman
Staff: Carrie Kumano
Welcome & Introductions
Baluyut called the meeting to order at 8:05am.
Approval of Minutes
Bown made a motion to approve the April 20th, 2005 meeting minutes as written and
Mulhern seconded the motion, which carried.
Business Resource Development
Completed RO/ Checklist - The group reviewed the final draft of the ROI Checklist and was
satisfied with the outcome. Membership is currently distributing them in the new member
packets. Planning Sheet - Crocker reviewed the planning sheet that she developed. Hensley
suggested to add who to contact, including TVCC staff and the chairpeople for each committee.
Member Reco!:lnition Pro!:lram
Mvsterv Shopper Prooram - Hagel reviewed the final draft of the Mystery Shppoer Criteria
Sheet. He suggested to have them available at the Networking Breakfast for members to take
while passing around the basket. It was also suggested to put the confidential statement within
the introduction box on the front page instead of the bottom of the back page. Baluyut said we
need to produce a new membership recognition board since the last one was taken by an
unknown member. Baluyut and Hagel will work on this project. "
Hagel reviewed the monthly winners.
. Mystery Shopper Program (Courtesy of DHL Business Solutions & The Californian):
-May - Ramona Bowl Amphitheatre
-June - Lake Elsinore Storm Baseball
. Businesses of the Month (Courtesy of KMYT 94.5 FM):
-May (Membership Committee) - American Residential Funding
-May (Membership Committee) - Global Health Insurance Marketing
-June (Government Action) - Arrowhead Credit Union
-June (Government Action) - Metropolitan Water District
· Chamber Spotlight (Courtesy of FROGGY 92.9):
-May - The Enchanted Bead Factory
-June - Truly Creative Network Solutions
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Roundtable Discussion
Mulhern mentioned that the topic was Staying Healthy While Busy and four experts attended
the roundtable discussion. She felt that we still needed to find a way to get more interest and
attendance. Crocker said that the Marketing Committee will help. Baluyut mentioned that we
state the next topic on the new membership recognition board. Wilson said that the name
Roundtable Discussion is not a good name if you are trying to have 100 people attend; it would
then qualify as a seminar. Hagel said at a similar type of meeting, round tables of 8 worked
well for the group because it made it more intimate and one-on-one. Wilson said a panel
discussion would be more successful to him personally. Wilson suggested that we "strip it
down to the bare bones and build it back up again." Hensley suggested that the emphasis
should be on the speakers. The questions was asked if we need to change the meeting to
once a quarter. Some other titles were "open forum" and "roundtable forum." It was suggested
to do another Zoomerang survey with different questions to get a better feel of what the
members would want. Wilson suggested to have a panel discussion first and them have the
availability to ask the experts questions. Mulhern and Crocker stated that we currently do that
now.
Resource Library
Mulhern mentioned that the library gave a listing of available books for the resource library.
Library applications were handed out. Hensley said that they are in contact with the District
Director of Library Resources and they are willing to provide a link to the TVCC website. He
also mentioned that there is a misconception that libraries are only for children but they can be
a huge resource to individual businesses as well. The library will be conducting classes on how
to use the library as a resource as well as the staff and their abilities. Baluyut suggested to
create a document stating this information. Henlsey mentioned doing a video. Hagel
suggested using the new library as the home for the Roundtable Discussion meetings. Hensley
and Mulhern mentioned that the library was willing to offer this now as well as when the new
library was completed. The library currently has TVCC collateral and membership applications
available to visitors. They get many individuals coming in and asking how to start their own
business and where do they get started. Wilson asked if we wanted to capture the individual
and not just the business owner in relation to local employment and the community? Hensley
suggested that maybe the membership committee should focus on other groups of people that
do not have appropriate representation. He suggested to offer an employee seminar in
conjunction with the City, such as a job fair.
TechnoloQV Forum & Expo Task Force - ZoomeranQ Survey
The group briefly reviewed the results of the Zoomerang survey. The specifics will be
discussed at the meeting immediately following this meeting.
Board Update
. Chamber Mixer, Wednesday, May 18th, 2005 from 5:30pm to 7:30pm at Baily's Old
Town Dining Restaurant.
. Networking Breakfast, Wednesday, May 25th, 2005 from 7:30am to 9:30am at Embassy
Suites Hotel Temecula Valley Wine Country.
. Roundtable Discussion, Tuesday, June 14th, 2005 from 12:00pm - 1:00pm at European
Deli (Special Topic: Fire Safety).
. Economic Outlook, Thursday, June 23rd, 2005 at 3:30pm at Temecula Creek Inn.
Member Updates
. Trebulent - Baluyut mentioned that he will not be focusing so much on his Trebulent
business because he will be starting a new business with wood and glass signs.
. KSWC Television Station - Simkin mentioned that they are moving a transmitter tower to
Lake Elsinore in order to offer viewing in Temecula, Murrieta and Lake Elsinore. They
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may be moving their offices and may do a mass antenna giveaway in the future to
encourage viewing of local news.
. Peck Creative - The US Tourist Attraction Website is now on Yahoo and MSN and
working on Google. They will start selling space in July for those tourist attractions who
want to be listed.
. Eagle's Mark & Glass Blasters! - Hagel mentioned that they are closing on their new
building today.
Adiournment
Thank you for attendingl
NEXT MEETING: June 15th, 2005 at 8:00am
Location: TVCC Conference Room Sponsored by Community Little Book
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EDUCATION COMMITTEE
MEETING MINUTES
Temecula Valley Chamber of Commerce
Conference Room Sponsored by Community Little Book
Thursday, May 12, 2005
9:30 a.m.
Chairperson:
Members Present:
Board Liaison:
Staff Present:
Donna Wilder (Present) Co-Chair: Lynn Laing (Present)
Shari Crall, Stan Harter, Tracy Hunter, Donna Wilder
Stan Harter (present), Michael Doblado (absent)
Alice Sullivan and Michelle Knowles
Approval of Minutes
Margolin made a motion to approve the April 14,2005 minutes, with the correction of a missing period
between colleges and schools. Hunter second the motion, which carried.
Youth Job Fair Recap
Laing reported that about 210 students attended the job fair and roughly 30% were hired on the spot. Wilder
suggested adding the percentage hired at this event to flyers and promotional material to help encourage the
attendance for next year. The committee suggested giving participants the option of providing a canopy or
cover for their area. The weather was great as well as the location. The Promenade In Temecula, as a
venue, does a wonderful job on this event. All participants were very satisfied with the turnout. Next year's
Youth Job Fair is scheduled for April 22nd, 2006 from 10:00 am - 12:00 pm at the Promenade In Temecula.
Jacob Tomseth has offered to Chair next year's event.
Student ofthe Month
Luncheon will be held on Monday, May 23'd, 2005 at 12:00 p.m. at Sizzler Restaurant.
Applications for Student of the Year are still being accepted. There will be a judging meeting on Monday,
May 31, 2005 at 9:00 am at the TVCe.
School and Colleges Update
TVUSD - Hunter announced that Superintendent David Allmen is retiring.
The Partners in Education is holding Career Day on May 24th at TVHS, May 25th at Great Oak, and May
26th at CHS.
MSJC - Superintendent Richard J. Giese will be retiring on July 31, 2005. Last day of course finals for
students is May 28th. Summer courses begin in June.
UCR - No updates.
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City Update
The City's Planning Commission has approved the campus project.
Board Update
Harry Clark with Clark Enterprises has resigned from the Board. Sullivan and a few others will be
attending the California Legislative Summit in Sacramento on May 24th and 25th It was suggested that next
year's scholarship budget be addressed at the next committee meeting.
Meeting adjourned.
Thank You!
Next Education Committee Meeting is Thursday, June 9, 2005, 9:30 a.m. in the Temecula Valley
Chamber of Commerce Conference Room Sponsored by Community Little Book
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Temecula Valley Chamber of Commerce
Membership and Marketing Meeting Minutes
Wednesday, May 11, 2005
8:00 a.m. - 9:00 a.m. Chamber Conference Room
Sponsored by Community Little Book
Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of
the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill
representatives and strive to enhance the value of membership encouraging ongoing dialogue between
members.
Committee Chair: Timmy Daniels Board Liaisons: Melody Brunsting
Co-Chair: Judy Zulfiqar Bill Seltzer
Committee Present: Lorna Dorfman, Kirby Bown, Ginny Mulhern, Teresa Kosycarz, LaVonna Lacy, Annette Nielsen,
Rachel Mason, RJ Hagel, Ann Smith, Bob Bryant, Davis Bush, Robert Landesman, Anne Preston, Carole Crocker, Jan
Gentry, Dan Brunell
Board Liaisons Present: Melody Brunsting & Bill Seltzer
Staff Present: Cora Saxarra & Shirley Eilek
Minutes
Committee chair Timmy Daniels called the meeting to order at 8:10 a.m. The minutes of the previous meeting were
reviewed and motioned for approval by Kirby Bown and seconded by Carole Crocker, which carried.
Membership Report
The committee reviewed the Membership packet. Currently there are 1,382 members (reflects 45 new members,
81 renewals, 23 drops).
Ribbon CuttinQ:
By: Shirley Eilek - TVCC Staff
There will be no ribbon cutting for the month of June due to schedule changed. Staff will schedule 8 ribbon cuttings every
month beginning July 2005. Ambassadors who sign up for ribbon cutting will find a replacement or trade with someone
in the event they can't make it.
Ambassadors:
Daniels and Zulfiqar called in a special ambassadors meeting Tuesday, May 24th, The committee decided to reorganize
the ribbon-cutting schedule to make it easier on the ambassadors. A schedule will be given.to all ambassadors for them
to pick which ribbon cutting they are going to attend, in the event the ambassador can not make it, the ambassador will
find a replacement to attend the ribbon cutting. Zulfiqar would like to see at least 5 ambassadors at any ribbon cutting.
Staff will print a list of all ambassadors including phone number. email. and fax everyone.
APpreciation NiQht
By: Annette Nielsen - sub Committee chair
Since Temecula Creek Inn agreed to sponsor the Appreciation Night name changed to Holiday Party on December 14,
2005, the Chamber will reimburse the mixer fee TIC has paid. Doug Leiber state that TCI could provide the food if
additional cash sponsors were confirmed to underwrite a portion of the cost. TCI will present a menu for Chamber
approval. Tables and linens will be provided by TCI. Decoration will be provided by TCI and Events by Annette.
Committee will help set up for the events. The Chamber will provide music and emcee. Businesses who would like to
donate will be welcome (Chocolate Fountain, Dessert, etc). The Holiday Party will be exclusive for members only and will
not have to pay to attend. Committee is asking the Board of Directors to increase the budget for next year Holiday Party.
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4th of Julv
By: Timmy Daniels - sub Committee chair
Crocker will contact Neighbors and the Valley Business Journal to find out if they would run an ad for the 4th of July. A
2' x 7 ' banner has been ordered and will be ready in two weeks. Staff will send a donation request letter to Winchester
Cheese Factory, Twinners and Pechanga. A check off list will be provided to the committee prior to the event.
Membership Networkin!l Breakfast
By: David Bush - sub Committee Chair
Last month's Networking Breakfast was another hit with members and guests. I'd like to thank those who helped
everyone find a seat when the meeting started (7:45am) and when the Power Networking time stopped (9:15am) as it
helps us from losing time getting them settled. Introductions we're shorter and the meeting moved quickly to all
attendee's enjoyment. Overall the meeting was a great success. Other comments offered is to possibly wrap up the
networking at 9am to trim the meeting time down and to offer a complimentary prize to the person who doesn't win the
50/50 drawing so they don't go away empty handed.
Lacy has been very successful obtaining business spotlight sponsors every month. Sponsors fee, which is $100.00, will
help cover the networking lunch expenses, an idea formulated by the committee. Due to the late start the committee
decided to table the propose networking lunch till next year. A project form will be submitted for board's approval.
Membership Drive:
By: Carole Crocker - sub Committee Chair
Crocker and Daniels reminded everyone that the membership drive will end April 30th and for each committee members
to bring in just one new member.
Tvee Mixer:
By: Bob Bryant- Sub Committee Chair
Daniels suggested including 3 six ft tables, 4 chairs, linen and PA system to the mixer fee to insure the availability of the
much-needed equipment for a successful mixer. Also suggested by Bryant is to have a set date for the walk through with
the mixer host and do a follow up call 2 days (Monday) prior to make sure the host has everything that is need.
Committee would like to send follow up letter to all non-members attending the mixer.
The May mixer will be hosted by Baily's fine Dining and Frontstreet Bar & Grill. Co-hosted by Baily Vineyard & Winery,
The Trick Shop and Stromsoe Insurance Agency
Meeting adjourned:
Next Meeting Date: Wednesday, May 11, 2005 at 8:00am
Chamber Boardroom
Sponsored By: Community Little Book
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Southwest California Legislative Council
A Joint Committee of Temecula, Murrieta, and Lake Elsinore Chambers of Commerce
Meeting Minutes ' ,
Monday, May 16, 2005
Temecula Valley Chamber of Commerce
Committee Chair:
Gene Wunderlich (Present)
Chamber Advocacy: Shaun Lumachi (Present)
Directors Present: Billie Blair, Scott Crane, Glen Daigle, Dennis Frank, Tom Kenney, Karen Wikert,
Roger Ziemer, Craig Schleuniger, Carl Johnson, Paul O'Neal, Amber Wiens, Tim Kuzelka, Joan
Sparkman
Directors Absent: Isaac Lizarraga
Members Present: Jeff Greene, Karie Strawn, Jonathan Sassani, Phil Paule, Debra Reed
Staff: Kim Cousins - Lake Elsinore; Rex Oliver - Murrieta; Alice Sullivan, Laura Turnbow-
Temecula
I. Meeting was called to order by Wunderlich at 12:05pm
II. Self Introductions
III. Approval of 04/18/2005 Minutes
Sparkman made a motion to approve the April 18, 2005 meeting minutes as written, Ziemer
seconded the motion, which carried,
IV, Leqislative Council
a, AB1605 - Elder and Dependent Abuse - Sparkman made a motion to oppose as written,
Wikert seconded the motion, which carried,
b, AB1018 - Elder and Dependent Adult Abuse - O'Neal made a motion to oppose as
written, Johnson seconded the motion, which carried,
c, AB9 - Education finance, sales and use taxes - Sparkman made a motion to oppose as
written, Blair seconded the motion, which carried,
d, SB757 - Petroleum Demand Reduction Act - Freeman made a motion to oppose as
written, Blair seconded the motion, which carried,
e, Californians To Stop Higher Taxes (CSHT) - CSHT is asking for the support of the
SWCLC to join the coalition and oppose the proposed statewide ballot initiatives as
follows:
1, High Quality Classrooms Act
2, High Quality Classrooms Act V2
3, Tax Fairness of Homeowners Act of 2005
4, Tax Fairness Act of 2005
5, Corporate Tax Accountability Act
6, Tax Reduction and Taxpayer Equity Act of 2005
7, Economic Recovery Tax Relief
8. Economic Recovery Tax Relief V2
9. Economic Recovery Tax Relief V3,
As stated in the State Ballot Initiatives Report #1, the CSHT requests our support in opposing
these initiatives and requests our participation in an upcoming press conference being held the
week of May 23-27 in Riverside. O'Neal made a motion to support the CSHT in opposing
the stated ballot initiatives. Ziemer seconded the motion, which carried. Relevant to the
press conference, Lumachi discussed the option of the SWCLC organizi~g a separate press
, conference to announce our opposition on the stated initiatives. Organi.zing our own press
conference would allow the SWCLC the opportunity to showcase our legislative efforts, Frank
made a motion to organize a press conference to announce support of the CSHT.
Wikert seconded the motion, which carried. Lumachi will provide the press release and
script.
f. Website - Lumachi displayed the proposed SWCLC website and requested suggestions
and input. The site is easily navigated and allows chamber members to sign up to receive
e-alerts. Lumachi encouraged all SWCLC members to send the link to the website to all
contacts in their emaillist. Cousins requested that statistics stating the number of emails
be included on the site. An e-alert will be sent to all members of the three chambers
asking them to visit the website and subscribe to receive all communications. Sassani
suggested include the status on legislation and the number of letters this council sent
regarding a specific issue.
g, Sponsorship Opportunities - Oliver announced that Metropolitan Water District has
contributed a $3,000 sponsorship and Rancho Ford has contributed $1,000. Sparkman
and Weins requested sponsorship information
h. Save Our Hills - Sullivan reported that a representative from Save Our Hills has requested
the opportunity to address this group regarding opposition to a proposed quarry located
south of Temecula, They will make a presentation in June, Granite Construction, the
company proposing approval for the quarry, would also like to address the group. Granite
Construction will make a presentation in July,
V, CAFTA
a. Committee participated in a conference call with Monica Bankens from the U.S, Chamber
of Commerce regarding the Central America Free Trade Agreement (CAFTA) issue.
Bankens reported that the U.S. Chamber is requesting support and to date 215 chambers
have supported, The U.S. Chamber contends that CAFTA will improve market access for
U.S. goods and open service markets by eliminating excessive tariffs, Paule stated that
Congressman Issa has not yet taken a position on this issue due to concerns with
agricultural imports, Sparkman made the recommendation that the committee delay taking
a position, pending a presentation regarding the agricultural impacts, Sparkman
suggested inviting Ben Drake of Drake Enterprises to address the committee and discuss
this environmental issue,
VI. State reports
a, Assemblyman John Benoit - Sassani provided information on the following legislations:
AB453 regarding Grade Separation projects. AB837 authorizes a Iife.insurer to waive the
premium of a policyholder who is disabled or involuntarily unemployed. AB1191 would
establish a home-to-school transportation "equalization formula". AB1577 makes various
reforms to ensure the solvency of California's unemployment Insurance Trust Fund,
Sassani stated that AB822 was killed and is now a two-year bill. AB793 has also been
killed,
b. Assemblym<ln Ray Haynes - Greene reported that the Governor's May revision has been
detailed, i\ fully funded transportation account has been approved. Green distributed
editorial comments.
c. Senator Hollingsworth - Strawn stated that SB427, the CEQA bill has been placed on
reconsideration and is now a two-year bill. Oliver requested notification of who specifically
opposed this bill. Strawn stated she would provide that information at the June meeting.
SB435 has passed Senate and is now in Assembly, Strawn distributed a weekly news
update, Members can subscribe to receive the weekly updates via email.
2
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VII. LeQislative Reports
a. Congressrnan Issa - No report.
VIII. County Reports
No reports.
Chamber Reports
a. No reports.
XI. Meeting adjourned,
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3
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"
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Temecula Valley Chamber of Commerce
Special Events Committee
Meeting Minutes
May 17,2005
Chairperson: Melodee Leavitt
Board Liaisons: Kelly Daniels and Bette Endresen
Co-Chair: Karen Ratkowski
Members Present: Debra Fisher, Denny Mighell, Stacy Nelson, Julie-Ann Forcum, Julie Ngo
Board Present: No Board Members Present
Staff Present: Michelle Knowles and Melissa Hayer
Approval of Minutes
Mighell made a motion to approve the April 19th, 2005 meeting minutes as written. Knowles
second the motion, which carried,
Golf Classic Recap
Mighell commented the event went great! Mighell did have some concerns regarding the use of
the golf carts and will need to be addressed at the recap meeting, which is scheduled for
Thursday, May 19th at 9:00am. A financial recap was not available. Staff is waiting for the final
invoice from Temecula Creek Inn. The estimated net income is $28,000. A final financial recap
will be presented at the next Special Events meeting.
Economic Outlook Conference
The event will be held on June 23,2005 at Temecula Creek Inn. Event will start at 3:30 p.m, and
Dr. Esmael Adibi will be presenting. Following the presentation a hors d' oeuvres reception will
be offered to those who want to stay. Flyers have gone out in the May issue of Temecula Today!,
Staff is currently working on the invitation. All sponsorships have been secured with the
exception of two additional Affiliate Sponsorships. All sponsorships need to be secured by June
1 st in order to make the program deadline. No further meetings have been scheduled.
Monte Carlo Extravaganza
This year's Monte Carlo Extravaganza is set to take place Wednesday, September 21st at 5:30pm
at Wilson Creek Winery. The committee met and discussed a theme of the event, which will
Mardi gras. Letters have been mailed to all of last year's sponsors, To date one Craps Table
Sponsorship is confirmed. Staff will make follow-up calls to all sponsors. The event will include
a cake walk, Las Vegas style gaming and poker tables, The next meeting wiil be Monday, May
23rd at 2:00pm at Wilson Creek Winery,
Southwest California Legislative Summit
Greg Morrison is the event chair. The event is scheduled for Friday, September 30tt, 2005 at
7:30 a.m. at Pechanga Resort & Casino. Dan Walters with the Sacramento Bee is confirmed as
the event moderator. Staff is currently working on contacting and securing panelist for the event.
The format will similar to last year's event. Sponsorships are still available. Letters have been
sent to all oflast year's sponsors.
The next committee meeting is scheduled for May 23rd, 2005 at 9:00 am at the TVCC.
"
"
.
Business Showcase
The first committee meeting has been set for Tuesday, May 24th at 9:00am at the TVCC.
Mighell expressed interest in being the Committee Chair and Nelson as the' Co-Chair. Hayer
stated a Chair may already in place. Staff will check on the status and fo1l9w up with Mighell.
Fisher, Forcum and Ngo all expressed interest in sitting on the committee. Forcum suggested
holding the event in the Temecula Lowes parking lot similar to Murrieta Business Expo. The
exact location has not been secured and will be discussed at the first meeting.
Board Update
· Mixer tomorrow night at Baily's Fine DiningIFrontStreet Bar & Grill
· Some Board members along with Alice will be attending the California Legislative
Summit held in Sacramento on May 23rd and 24th
Committee Updates
· Networking Breakfast will be Wednesday, May 25th at Embassy Suites Hotel-T,V. Wine
Country.
· The Membership Committee is looking for donations for the 4th of July booth as well as
Volunteers.
Next Meetin!! Date
Tuesday, June 21,2005 at 11 :30 a.m. at the TVCC
'.
June 13, 2005
Jim O'Grady
City ofTemecula
PO Box 9033
Temecula, CA 92593-9033
EDC.~
Southwest Riverside County_
RE: EDC Activity Summary - May 2005
Business and Workforce Development
Staff responded to the following 5 business and workforce development requests in May 2005:
Date
5/16/05
Lead Source
Phone
5/18/05
Phone
5/24/05
In-Person
5/31/05
Phone
Reouest
Client requested information on
securing a small business loan.
Client requested help with
gathering permit paperwork
(State Board of Equal., Calif.
Secretary of State, city business
license, etc,)
Client requested a meeting to
discuss a collaboration on a
business resource outreach
project.
Client requested assistance with
permit & planning process at City
of Murrieta,
Action Taken
Provided client with a contact list ofEDC members who
handle small business loans,
Provided client with the requested contact information
to download business permits applications & licensing.
Met with client, who is a business consultant. Client is
interested in providing free classes to individuals who
are looking to start up new businesses, Staff will be
working with client to develop some business resource
workshops,
Contacted client, but no response back to date,
Community Outreach
Staff and/or EDC directors attended the following meetings/events to promote or support
economic development/community outreach:
. Murrieta-Temecula Group Meeting (5/6)
. Susan G. Komen Drive for the Cure (5/9)
. Murrieta Project Leadership (5/10)
· Southwest California TV Statiou Planning Meeting (5/12)
. Southwest California Legislative Council Meeting (5/16)
· City of T emecula Budget Workshop (5/18)
Business Retention
· Business Relations Committee Meeting (417) - Minutes are attached.
Jim O'Grady
City of Temecula
EDC Activity Summary - May 2005
Page 2 of2
Administration/Or2anization
. EDC Education Committee (5/13)
. EDC Industrial Committee Meeting (5/10)
. EDC Transportation and Infrastructure Committee Meeting - (5/12)
. EDC Board of Directors Meeting (5/19) - Minutes are attached.
. Administration - Staff managed the daily operations of the EDC office; managed website
updates; coordinated the EDC Director nominations and elections; coordinated the EDC 11 th
Annual Golf Tournament; and emailed the following business development/community
announcements:
>- EDC 11th Annual Golf Tournament
>- International Rural Roundtable Series
>- Strengthening the Manufacturing Workforce
>- San Jacinto Valley Economic Forecast
>- The Gas Company's Collaborative for High Performance Schools Workshop
>- NAIOP Inland Empire Event
>- Lake Elsinore Valley Chamber of Commerce EDC Luncheon
>- Lake Ellsinore Valley Chamber of Commerce 1st Annual All Chamber Mixer
This concludes the activity summary for May 2005. Should you have questions or need further
detail, please call me at 951.677 .1862.
Respectfully,
/)~ (~liI1M-
c/
Diane Sessions
Executive Director
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
BUSINESS RELATIONS COMMITTEE MEETING
Thursday, May 5, 2005 - 9:00 a.m.
UCR Extension - Temecula
27919 Jefferson Avenue, Temecula, CA 92590
Committee Members Present:
Chris Binkley, Chris Binkley & Associates
Lisa Marie Ells, Cutting Edge Staffing
Lalli Esparza, CDM Group
Cheryl Ferrulli, CLF Financial
Dennis Frank, VCR Extension
Stan Harter, Law Office of Stanley A, Harter
Ashley Jones, City of Murrieta
Chris Masino, CDM Group, Inc.
Joanna Quigley, Wells Fargo Bank
Diane Sessions, EDC
Hanry Shank, Southwest Community Bank (via telephone)
Alice Sullivan, Temecula Valley Chamber of Commerce
Guests:
Gloria Wolnick, City of Temecula
Call To Order
· Stan Harter called the meeting to order at 9:00 a.m. Mr. Harter led introductions.
Follow-Up Action Reports
. Call Jon Atwood at Toyota of Temecula Valley for issues with city. - Gloria Wolnick will provide Jim
o 'Grady with issue,
· Contact Hug Valet Service regarding employee recruitment needs. Diane Session and Lisa Marie Ells
will contact,
· Contact Nuphoton to provide information on: I) Economic Alliance job database for recruitment and job
po stings - Chris Masino to follow up; 2) internship opportunities with MSJC/UCRlConcordia. Diane
Sessions to follow up; 3) refer company to Economic Alliance for business attraction efforts of vendors,
suppliers and like businesses.
Companv Contact Reports
· Old World Staircases -Hanry Shank reported on a visit with John Boldt, president of Old World
Staircase in Murrieta, The company manufactures and installs staircases. The company was founded in
1976 and in operations in Southwest California since that time. Mr Boldt relocated from Walnut, CA to
follow the development of homes. Business advantages and disadvantages were noted as population
growth and traffic, respectively. The construction industry as a whole was noted as stable with the
popularity of remodeling causing additional growth to the company's niche market. Primary customers
are fifty percent general public and fifty percent production builders, located in Corona and Del Mar.
Material and supplies used were metal products, glues and other adhesives. The primary business market
was noted as local and regional. Soft materials were purchased from local suppliers but staircases were
purchased in Lake Forest, CA. The company had recently introduced remodeling as a new service in the
past 3 to 5 years. New products anticipated in the next 2 years were noted as computers, The existing
4,500-square-foot facility with a mezzanine was leased. The company was noted as operating at 100%
capacity in one shift.
EDC Business Relations Committee Meeting
Minutes - April 7, 2005
Page 2 00
Mr Boldt indicated he planned to expand the facility locally in the foreseeable future. The company
employed 23 full-time employees who live in TemeculalMurrieta (19) and Lake ElsinorelWildomar (4).
There were plans to increase the workforce by 4-5 employees. The company had no recruitment
problems due the population growth. Employees were required to possess technical skills and basic
math, writing, etc. Mr. Boldt mentioned that a vocational school would be an added benefit and he
thought about starting one. Eighty-five percent of the company's workforce required some industry
skills. Mr Boldt asked for resources on vocational training and was happy doing business in Southwest
California. He would be willing to be a contact person for business relocating to the area.
. Napa Auto Pars -Hanry Shank reported on a visit with Allen Orr, owner Napa Auto Parts in Temecula.
The company is a retail auto parts store and was founded almost 17 years ago in Southwest California.
Business advantages and disadvantages were noted as population growth and traffic, respectively. The
auto parts industry as a whole was noted as growing. Primary customers were fifty percent wholesale
and fifty percent retail, all located in Southwest California. The company used local supplier and
vendors. The existing 18,000-square-foot facility was owned and there were no plans to expand. The
company was noted as operating at 100% capacity in one shift.
Mr Boldt indicated he planned to expand the facility locally in the foreseeable future. The company
employed 23 full-time employees who live in TemeculalMurrieta (19) and Lake ElsinorelWildomar (4).
There were plans to increase the workforce by 4-5 employees. The company had no recruitment problems
due the population growth. Employees were required to possess technical skills and basic math, writing, etc.
Mr. Boldt mentioned that a vocational school would be an added benefit and he thought about starting one.
Eighty-five percent of the company's workforce required some industry skills. Mr Boldt asked for resources
on vocational training and was happy doing business in Southwest California. He would be willing to be a
contact person for business relocating to the area.
.
Annual Goal Report
· Stan Harter announced that visits and phone interviews in the tenth month of the fiscal year were as
follows: Goal: 60 surveys completed.
YTD
Goal
Actual
VISIT
PHONE
16
1
SURVEYS
60
17
EDC Business Relations Committee Meeting
Minutes - April 7, 2005
Page 3 of3
Open Discussion
. EDC Board Update - Diane Sessions showed the Committee the new EDC logo and announced the
EDC luncheon on April 28 at Pechanga. She further announced the EDC golf tournament on June 10
and asked for sponsorships and volunteers. She reported that the EDC Board sent a letter of support on
behalf of the California Department ofPire and Forestry Protection (CDF) at Hemet-Ryan Airport.
. General Announcements - City of Temecula - Jim O'Grady reported that bids for the construction of
the new library were opened this morning; Jefferson Street traffic control was improved and the
construction work would be completed by June; Diaz Road was slated next for roadwork; and pothole
problems throughout the region were discussed, Temecula Valley Chamber of Commerce - Alice
Sullivan reported the Convention & Visitors' Bureau website was up and running and the Temecula
State of the City address was the largest ever. City of Murrieta - Ashley Jones reported on the recent
downtown cleanup and the marketing plan for the downtown area. City of Lake Elsinore - Cathy
Barrozo reported there was new retail near Highway 74; Costco would open in the end of November
2005; and Grape Street condos were under construction. Lake Elsinore Valley Chamber of Commerce:
- Kim Cousins reported that Lake Elsinore City Council approved plans for the Target Center. He
further reported that a number of new businesses joined the Chamber in the past few months.
AdiouTDment
The meeting adjourned at 10:00 a.m.
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~li~d'i~~h~Ji 950~:'~~~~:d~;~'~-~;~~'~it a \~ave or a glimpse of some of the best
kl,r and is catching up fast. surfen; in the world,
I But it was Quiksilver that "The consistency of the beach break by
designed the first surfing the Huntmgton Beach Pier, make It one of
shorts for women, under its the prime surf spots in the country, and
Roxy label. anyone who is anybody in surfing has been
Much of the industry's here," tells Michael Gerard, executive
growth since 1990 has been director of Surfing America, the national
fueled by the explosion in the governing body of surfing based in
number of girls and women Huntington Beach.
who surf today - and buy As the fabled city in the Fox hit
brands like the Roxy line, television sho;" The OC, Newport Beach is
The industry shows no sign a sophisticated beach town with a variety of
of slowing, and Orange aquatic recreational activities, from
County is still the trendsetter kayaking in the Back Bay to lounging on a
and the place to find the latest chartered harbor cmise,
surfwear fashions, Marshall Caplan, commodore of the
._,--_..,.. - t
Temecula - Wine
Country and Old
West Charm
The beautiful Temecula Valley is
noted for its challenging golf courses,
superb outdoor recreation, and an array
of shopping, Open year-round, its
picturesque wine country features over
20 world-class wineries, wine country
tours, dining, lodging, special events and
tasting rooms.
Historic Old Town Temecula offers
over 640 antique dealers, boutiques &
curios shops, dining, Imagination
Workshop Children1s Museum,
Temecula Valley Museum and a weekly
Fanners1 Market.
Events ranging from classic car shows
and music festivals to the Susan G.
Kamen Race for the Cure are held
throughout the year, One of Temecula's
most popular events is the Temecula
Valley Balloon & Wine Festival held June
3-5, The event's highlights include
spectacular early morning hot air balloon
launches, the night's sky illuminated by
ballooning glows. musical entertainment
and local wineries pouring samples of
their latest premium wines.
I
I APPROVAL PZ..__
CITY ATTORNEY
I DIRECTOR OF FINAN F <2 V
CITY MANAGER :;;rv
t
CITY OF TEMECULA
AGENDA REPORT
TO: City ManagerlCity Council
FROM: William G, Hughes, Director of Public WorkslCity Engineer
I
DATE: June 28, 2005
SUBJECT: Department of Public Works Monthly Activity Report
RECOMMENDATION: Attached for City Council's review and filing is the Department of
Public Works' Monthly Activity Reports for the month of May, 2005,
,
,
,
MOACTRPT
I
MEMORANDUM
TO: Bill Hughes, Director of Public Works/City Engineer
FROM: ~~ Brad Buran, Maintenance Superintendent
DA TE: June 1,2005
SUBJECT: Monthly Activity Report - May, 2005
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of May, 2005:
I. SIGNS
A, Total signs replaced ~
B, Total signs installed ----2
C, Total signs repaired --1!!i
II, TREES
A, Total trees trimmed for sight distance and street sweeping concerns ~
III. ASPHALT REPAIRS
A,
B,
Total square feet of A, C. repairs
Total Tons
8,410
-----H
IV, CATCH BASINS
A,
Total catch basins cleaned
96
V, RIGHT-OF-WAY WEED ABATEMENT
A,
Total square footage for right-of-way abatement
---.!!
VI. GRAFFITI REMOVAL
A,
B,
Total locations
-----1Q
2.886
Total S,F,
VII. STENCILING
A, 0 New and repainted legends
B, 28,877 L.F, of new and repainted red curb and striping
R:\MAINT AIN\MOAcrRPT\2004_2005\
Also. City Maintenance staff responded to..lL service order requests ranging from weed abatement. tree trimming,
sign repair, A,C. failures, litter removal, and catch basin cleanings, This is compared to ~ service order requests
for the month of April. 2005.
The Maintenance Crew has also put in -1L 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 Mav. 2005 was $63.371.00
compared to $32.291.50 for the month of April. 2005.
Account No, 5402
Account No, 5401
Account No, 999-5402
$ 29,875,00
$ 32,496,00
$ - 0-
cc: Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer (Traffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
Jerry Alegria. Senior Engineer (Land Development)
R:\MAINT AIN\M.DACfRPT\2004-2005\
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of May, 2005
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE
CONTRACTOR: MONTELEONE EXCA VA TING
Date: 05/31105 VALLEJO CHANNEL REMOVAL OF SILT, PLACE RIP-RAP AND SLURRY
# 5401 TOTAL COST $ 8,798.00
Date: 05/31105 SANTIAGO ROAD DESILTING PONDS REMOVAL OF 3 DESIL TING PONDS AND RETURN
CHANNEL TO NATURAL GRADE
# 5401
TOTAL COST $ 5,506.00
Date: 05/31105 VIA MONTEZUMA LOW FLOW REMOV AL OF SILT FROM LOW FLOW
CROSSING
# 5401
TOTAL COST $ 3,192.00
Date: 05/05/05 CITYWIDE [NST ALL AND REPLACE BROKEN BLUE FIRE
HYDRANT R.P,M'S APPROXIMA TEL Y 2,500
# 5402
TOTAL COST $24,875.00
CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT
Date: 05/[0/05 HWY 79 SO, AT OLD TOWN FRONT WEED ABATEMENT AND REMOV AL OF DEBRIS
STREET FROM CITY LOT
# 5402
TOTAL COST $ 5,000.00
CONTRACTOR: BECKER ENGINEERING
Date: 05/12/05 RANCHO CALIFORNIA ROAD E/O REPAIRS TO 3 48" CMP'S UNDER STREET
YNEZ
# 5401
TOTAL COST $12,000.00
Date: 05/12/05 EMPIRE CREEK REMOV AL OF SILT FROM DRAINAGE OUTLET
#5401
TOTAL COST $ 3,000.00
TOTAL COST ACCOUNT #5401 $ 32,496.00
TOTAL COST ACCOUNT #5402 $ 29,875.00
TOTAL COST ACCOUNT #99-5402 -0-
R:\MAI NT AI N\MQACTR PT\2004- 2005\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF MAY, 2005
DATE LOCATION SCOPE OF WORK S.F. TOTAL
TONS
05102/05 DEL REY AT VIA CORSICA R & R A,C. 333 4,5
05/04105 PECHANGA PARKWAY AND DIAZ ROAD A,C. OVERLAYS 858 3,5
05/05105 CITYWIDE "RAIN" REPAIR POTHOLES 120 TEMP A,C.
05109/05 DIAZ ROAD S/O WINCHESTER A,C. OVERLAYS 650 3,5
05/10/05 CABRILLO AT JOHN WARNER R&R A,C. 248 8
05/11105 NICHOLAS ROAD A,C. OVERLAYS 1,175 4,5
RANCHO CALIFORNIA ROAD W/O BUSINESS PARK
05/12/05 DRIVE / RAINBOW CANYON ROAD A,C, OVERLAYS 1.262 5
05/16/05 RAINBOW CREEK AT SUMMERTIME OVERLAYS /R &R 444 3,5
05/17/05 PECHANGA PARKWAY AT MUIRFIELD R&R A,C. 297 12
05/18/05 PECHANGA PARKW A Y AT MUIRFIELD R&R AC. 320 17
05/19/05 27635 DIAZ A C. OVERLAY 500 2
OS/23/05 PECHANGA PARKW A Y / CLUBHOUSE DRIVE A, C. OVERLAY 548 3
OS/24/05 TOURNAMENT DRIVE A, C. OVERLAY 719 3,5
05/31/05 RIO NEDO / CALLE BORTEZ A C. OVERLAY 936 4
TOTAL S.F. OF REPAIRS 8.410
TOTAL TONS ---..M
R:\MAINTAIN WKCMPLTD\ASPHAL T.RPR\04.05\MA Y
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CA TCH BASIN MAINTENANCE
MONTH OF MA Y, 2005
DATE LOCATION WORK COMPLETED
05/02/05 CITYWIDE CLEANED & CHECKED 8 CATCH BASINS
05/04/05 AREA #4 CLEANED & CHECKED 5 CATCH BASINS
05/05/05 MEADOWVIEW AREA CLEANED & CHECKED 5 CATCH BASINS
05/09/05 CITYWIDE CLEANED & CHECKED 12 CATCH BASINS
05/1 0/05 CITYWIDE CLEANED & CHECKED 5 CATCH BASINS
05/1 1/05 CITYWIDE CLEANED & CHECKED 3 CATCH BASINS
05/16/05 CITYWIDE CLEANED & CHECKED 7 CATCH BASINS
OS/2005 CITYWIDE CLEANED & CHECKED 4 CATCH BASINS
OS/23/05 CITYWIDE CLEANED & CHECKED II CATCH BASINS
OS/24/05 CITYWIDE CLEANED & CHECKED II CATCH BASINS
05/31/05 CITYWIDE CLEANED & CHECKED 25 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED ~
R:\MAINTAtN\WKCMPLETD\CATCHBAS\04.05\MA Y
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF MA Y, 2005
DATE LOCATION WORK COMPLETED
05102/05 28464 FELIX VALDEZ REMOVED 142 S,F, OF GRAFFITI
05/02/05 28500 PUJOL REMOVED 16 S,F, OF GRAFFITI
05/02/05 BUTTERFIELD STAGE ROAD AT NIGHTHAWK REMOVED 6 S,F, OF GRAFFITI
05102/05 MERCEDES AT 4TH STREET REMOVED 100 S,F, OF GRAFFITI
05/02/05 29915 FRONT STREET REMOVED 60 S,F, OF GRAFFITI
05/02/05 42221 MAIN STREET REMOVED 20 S,F, OF GRAFFITI
05/03/05 26201 YNEZ REMOVED 40 S,F, OF GRAFFITI
05104/05 YNEZ N/O WINCHESTER REMOVED 88 S,F, OF GRAFFITI
05/04/05 LIEFER BRIDGE REMOVED 25 S,F, OF GRAFFITI
05/09/05 28464 FELIX VALDEZ REMOVED 132 S,F, OF GRAFFITI
05/09/05 MAIN STREET APARTMENTS REMOVED 5 S,F, OF GRAFFITI
05/09/05 RANCHO CALIFORNIA ROAD AT CALLE TAJO REMOVED 255 S,F, OF GRAFFITI
05/09/05 TARGET CENTER REMOVED 215 S,F, OF GRAFFITI
05/09/05 WINCHESTER AT CREEK REMOVED 6 S,F, OF GRAFFITI
05/09/05 VIA RIO TEMECULA REMOVED 24 S,F, OF GRAFFITI
05/09/05 SPORTS PARK REMOVED 8 S,F, OF GRAFFITI
05/09/05 CAMPANULA REMOVED 4 S,F, OF GRAFFITI
05/10/05 CALLE T AlO AT RANCHO CALIFORNIA ROAD REMOVED 152 S,F, OF GRAFFITI
05/11105 40671 CALLE KATRINE REMOVED 100 S,F, OF GRAFFITI
05/16/05 MARGARITA S/O SANTIAGO REMOVED II S,F, OF GRAFFITI
05/16/05 SANTA GERTRUDlS CREEK REMOVED 15 S,F, OF GRAFFITI
05/16/05 PUJOL REMOVED 66 S,F, OF GRAFFITI
05/16/05 MAIN STREET BRIDGE REMOVED 16 S,F, OF GRAFFITI
R:\MAINT AIN\WKCMPLTD\GRAFFITII04.05\MA Y
DATE LOCATION WORK COMPLETED
05/18/05 RANCHO VISTA AT EL GRECO REMOVED 6 S,F, OF GRAFFITI
05118/05 31340 RANCHO VISTA REMOVED 21 S,F, OF GRAFFITI
05119/05 28718 OLD TOWN FRONT STREET REMOVED 3 S,F, OF GRAFFITI
05119/05 42221 MAIN STREET REMOVED 14 S,F, OF GRAFFITI
OS/20/05 ASTEROID AT MILKY WAY REMOVED 2 S,F, OF GRAFFITI
OS/20/05 ASTEROID AT RANCHO CALIFORNIA ROAD REMOVED 6 S,F, OF GRAFFITI
OS/23/05 28464 FELIX VALDEZ REMOVED 246 S,F, OF GRAFFITI
OS/24/05 RANCHO CALIFORNIA ROAD AT HOPE WAY REMOVED 12 S,F, OF GRAFFITI
OS/26/05 VIA PUERTA PARK REMOVED 444 S,F, OF GRAFFITI
OS/26/05 28314 FRONT STREET REMOVED 12 S,F, OF GRAFFITI
05/31105 6TH STREET AT FRONT STREET REMOVED 47 S,F, OF GRAFFITI
05/31105 4TH STREET ALLEY AND STORE FRONT REMOVED 660 S,F, OF GRAFFITI
05131105 28464 FELIX VALDEZ REMOVED 270 S,F, OF GRAFFITI
05131105 PUJOL AT MAIN REMOVED 14 S,F, OF GRAFFITI
05/31105 TEMECULA COMMUNITY CENTER ON PUJOL REMOVED 29 S,F, OF GRAFFITI
05/3 I /05 PUJOL AT 6TH STREET REMOVED 25 S,F, OF GRAFFITI
05/31/05 IECO FARMS ON OVERLAND REMOVED 163 S,F, OF GRAFFITI
TOTAL S,F, GRAFFITI REMOVED 2.886
TOTAL LOCATIONS 40
R:\MAINT AIN\WKCMPLTDlGRAFFlTI\04.05\MA Y
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF MAY, 2005
DATE LOCATION WORK COMPLETED
05/09/05 DE PORTOLA AT MARGARITA TRIMMED 2 R,O,W, TREES
05/12/05 VIA DOS PICOS AT DIAZ TRIMMED 2 R,O,W, TREES
05/17/05 PASEO DE LAS OLAS! CORTE TORTOSA TRIMMED 2 R,O,W, TREES
05123/05 RUSTIC GLEN TRIMMED 2 RO,W, TREES
TOTAL R.O.W. TREES TRIMMED --1!
R:\MAINTAIN\WRKCOMPLTD\TREE$I04-05\MA Y
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF MAY, 2005
DATE DATE WORK
REC'D LOCATION REQUEST COMPLETED
05/0 I /05 VIA GILBERTO DEBRIS REMOVAL 05/01/05
05/02/05 NORTH GENERAL KEARNEY AT LA COLIMA DEBRIS REMOVAL 05/02/05
05/03/05 30381 SANTA CECILIA TREE REMOVAL 05/03/05
05/03/05 29701 DEL REY ROAD POTHOLE 05/03/05
05/04/05 ROYAL OAKS AT MEADOWS PARKWAY TREE DOWN 05/04/05
05/05/05 29820 DEL REY ROAD BROKEN SIDEWALK 05/05/05
05/06/05 29633 DEAL COURT TREE TRIMMING 05/06/05
05/09/05 44648 CLOVER LANE REQUESTING HANDICAP RAMP 05/09/05
05/09/05 41971 MAIN STREET SIDEWALK REPAIR 05/09/05
05/09/05 33487-A WINSTON WAY SKATEBOARD IN DRAIN 05/09/05
05/09/05 29965 VIA PUEST A DEL SOL TREE REMOVAL 05/09/05
05/I 0/05 42764 NORTH STAR COURT SPRINKLER REPAIR 05/I 0/05
05/I 0/05 42116 WINCHESTER ROAD TREE TRIMMING 05/I 0/05
05/I 2/05 30367 VIA BRISA TREE REMOV ALS 05/I 2/05
05/I 3/05 OAK CLIFF DRIVE AT RAINBOW CREEK POTHOLES 05/I 3/05
05/13/05 30290 VIA BRISA RAISED SIDEW ALK 05/13/05
05/I 6/05 32159 CAMINO SENECO DOWN SNS 05/16/05
05/I 6/05 30537 MILKY WAY DRIVE TREE LEANING 05/I 6/05
05/I 6/05 43370 SAN FERMIN PLACE DEBRIS PICK-UP 05/I 6/05
05/I 7/05 31384 CORTE TAL VERA TREE REPLACEMENT 05/I 7/05
05/17/05 KOHLS DEPARTMENT STORE GRAFFITI 05/I 7/05
05/I 7/05 4541 I MASATERS DRIVE POTHOLES 05/I 7/05
05/17/05 3 I 626 CORTE TORTOSA TREE LIMB DOWN 05/I 7/05
05/I 8/05 GRA VEVINE COURT REQUEST S,N,S, 05/I 8/05
05/I 9/05 LA SERENA AT CALLE PINA COLADA DEBRIS PICK-UP OS/I 9/05
, ,
R:\MAINT AIN\WRKCOMPLTD\SORS\04.05\MA Y
DATE DATE WORK
REC'D LOCATION REQUEST COMPLETED
OS/20105 44841 CAMINO ALAMOSA RAISED SIDEW ALK OS/20105
OS/20105 CORTE FLORECIT A GRAFFITI 05/20105
05/23/05 40864 ALTON COURT DISEASED TREE 05/23/05
05/24/05 41506 EAGLE POINT WAY C&GREPAIR OS/24/05
05/27/05 42445 AGENA STREET TREE LEANING OS/27105
05/31105 SOLANA WAY W/O DEL REY ROAD TREE TRIMMING 05/31105
05/31105 DEL REY ROAD AT VIA CORSICA DEBRIS REMOVAL 05131105
05131105 41824 VIA VASQUEZ DEBRIS REMOVAL 05/31105
05/31105 SOLANA E/O YNEZ POTHOLES 05/31105
051131105 43384 VIA ANGELES DEBRIS REMOVAL 05/31105
TOTAL SERVICE ORDER REQUESTS ~
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF MA Y, 2005
DATE LOCATION WORK COMPLETED
05/02/05 5T11 STREET AT FRONT STREET REPLACED R-l
05/03/05 YNEZ AT LA PAZ REPLACED R-I, "N" MARKER
05/03/05 DE PORTOLA AT CAMPENULA REPLACED R-7
05/03/05 DE PORTOLA AT MANTOV A REPLACED R-7
05/03/05 YNEZ REPLACED W-45
05/03/05 CITYWIDE REPAIRED 9 SIGNS
05/04/05 CITYWIDE REPAIRED 14 SIGNS
05/04/05 SOLANA E/O YNEZ REPLACED R-26
05/04/05 NICHOLAS AT NORTH GENERAL KEARNEY REPLACED R-26D
05/04/05 MARGARITA AT OVERLAND REPLACED "N" MARKER
05/05/05 MARGARITA AT MORAGA REPLACED R-7 "K" MARKER
05/05/05 NICHOLAS AT WINCHESTER REPLACED 5 DELINEATORS
05/05/05 CITYWIDE REPAIRED 28 SIGNS
05/09/05 MEADOWS PARKWAY AT CORTE CARA REPLACED R-26
05/1 0/05 SOLANA E/O YNEZ INSTALLED 5 R-26
05/11/05 VIA INDUSTRIA REPLACED W-2 "N" MARKER
05/11/05 CITYWIDE REPAIRED 9 SIGNS
05/12/05 CITYWIDE REPAIRED 7 SIGNS
05/12/05 VIA INDUSTRIA REPLACED W-9-2
05/16/05 AMARIT A AT VIA RAMI REPLACED R-l
05/16/05 CITYWIDE REPAIRED 7 SIGNS
05/17/05 PROMENADE AT OVERLAND REPLACED R-7
CORTE BACCAIO - VIA TORRES -
05/1 7/05 PARA DO DEL SOL COURT REPLACED SNS
R:\MAINT AIN\WKCMPLTD\SIGNS\04.05\MA Y
DATE LOCA nON WORK COMPLETED
05/18/05 YNEZ AT WINCHESTER INSTALLED R73-5
05/18/05 CITYWIDE REPAIRED 13 SIGNS
05/19/05 YNEZ S/O VALLEJO REPLACED R2-45
OS/23/05 MARGARITA AT 79 SO, REPLACED R7
OS/23/05 MARGARITA AT MORAGA REPLACED "N" MARKER
OS/23/05 MARGARITA AT LOWES REPLACED R7
OS/23/05 MARGARITA AT WINCHESTER REPLACED R7, "K" MARKER
OS/24/05 BUSINESS PARK DRIVE AT RANCHO WAY REPLACED "N" MARKER
OS/24/05 MARGARITA AT SANTA GERTRUDlS REPLACED 5 DELINEATORS
OS/24/05 MARGARITA AT POST OFFICE REPLACED 2 "N" MARKERS
OS/24/05 RANCHO CALIFORNIA ROAD AT I-IS BRIDGE REPLACED "N" MARKER
OS/24/05 MARGARITA AT LOWES REPLACED 5 DELINEATORS
OS/24/05 DE PORTOLA AT CAMP ANULA REPLACED R.I
OS/24/05 DE PORTOLA AT DIVES WAY REPLACED R-7
OS/24/05 CITYWIDE REPAIRED 12 SIGNS
OS/25/05 CITYWIDE REPAIRED 7 SIGNS
OS/26/06 LA SERENA AT WILLOWS REPLACED R-26
OS/26/05 WINCHESTER W/O YNEZ REPLACED "WELCOME HOME"
OS/26/05 CITYWIDE REPAIRED 10 SIGNS
05/3 lI05 VIA RAMI AT VIA CAMPANARIO REPLACED R-I
05/3 lI05 A VENIDA DE MISSIONES AT VIA RIO TEMECULA REPLACED TYPE "N"
TOTAL SIGNS REPLACED ----12
TOTAL SIGNS INSTALLED ----1!
TOTAL SIGNS REPAIRED 116
R:\MAINTAIN\WKCMPL TDlSIGNS\04.05\MA Y
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF MAY, 2005
DATE LOCA TION WORK COMPLETED
05/04/05 AREA # 1 REPAINTED 3.985 L.F, RED CURB
05/09/05 AREA # I REPAINTED 6.996 L.F. RED CURB
05/1 0105 AREA #1 REPAINTED 2,299 L.F. RED CURB
05/16/05 AREA #2 REPAINTED 6.087 L.F, REDCURB
05/17/05 AREA #1 REPAINTED 1,576 L.F, RED CURB
OS/23/05 AREA # 1 REPAINTED 1,952 L.F, RED CURB
OS/24105 AREA #2 REPAINTED 5,982 L.F. RED CURB
TOTAL NEW & REPAINTED LEGENDS 0
NEW & REPAINTED RED CURB & STRIPING L.F. 28,877
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