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HomeMy WebLinkAbout112205 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 22, 2005 - 7:00 PM At approximately 9:45 P.M., the City Council will detenmine 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 City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation involving the City. The following claim will be discussed: 1) Duncan v. City of Temecula. 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: 2005-016 Resolution: 2005-110 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Joshua Jurkosky and Ashley Boyles Invocation: Pastor Ron Alsobrooks of New Covenant Fellowship Center Flag Salute: Councilwoman Edwards ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENT ATIONS/PROCLAMATIONS Community Candleliaht Tribute Proclamation National Familv Week Proclamation Recoanition of Police Canine. Kaos, for receivina the "TOD Doa" Award 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution AdoDtion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution aDDrovina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 3 Liabilitv Insurance Renewal RECOMMENDATION: 3.1 Approve the City of Temecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company, in the amount of $278,901 for general and excess liability insurance for the period of December 1, 2005, through December 1, 2006. 4 Resolution of SUDDort for SB 621 Indian Gamina Mitiaation Grant Aareement RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THE AGREEMENT WITH RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC) ACCEPTING GRANT FUNDS IN THE AMOUNT OF $343,760.44 FOR ADDITIONAL POLICE PERSONNEL 4.2 Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THE AGREEMENT WITH RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC) ACCEPTING GRANT FUNDS IN THE AMOUNT OF $2,309,343.33 FOR THE ULTIMATE IMPROVEMENTS TO THE INTERCHANGE AT 1-15/79 SOUTH 5 Construction Aareement and Lease Extension for the Mall Police Storefront RECOMMENDATION: 5.1 Approve a contract with Royal Pacific Construction, Inc. in the amount of $235,887 plus a 10% contingency of $23,589 for the construction of the Police Storefront at the Promenade Mall, contingent upon an executed lease agreement with Forest City. 5.2 Approve the First Amendment to License Agreement (City of Temecula Police Sub- Station at the Promenade in Temecula) with Forest City Enterprises, which increases the remaining storefront lease time by five additional years. 5.3 Approve the First Amendment to Amended and Restated Agreement for Partial Funding of Police Services by and between the City of Temecula and Towne Center Associates, L.P. 3 5.4 Approve an appropriation of $169,476 from Development Impact Fees, Police Facilities. 6 Tract MaD No. 32319. Located East of Pechanaa Parkwav. South of Wolf Vallev Road. in the Wolf Creek SDecific Plan No. 12 EIR RECOMMENDATION: 6.1 Approve Final Tract Map No. 32319 in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement. 7 Award the Construction Contract for Proiect No. PW02-18 - Rainbow Canyon Guardrail Installation and ReDlacement. Federal Proiect No. STPLHG-5459(016l RECOMMENDATION: 7.1 Award a construction contract for Project No. PW02-18 - Rainbow Canyon Guardrail Installation and Replacement - to D.C. Hubbs Construction in the amount of $245,325.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,532.50, which is equal to 10% of the contract amount. 8 Maintenance Aareement - Habitat West. Inc. - Lona Canyon Detention Basin - Proiect No. PW01-05 - Chanae Order NO.1 RECOMMENDATION: 8.1 Approve Contract Change Order NO.1 to the Maintenance Agreement for Project No. PW01-05 - Long Canyon Detention Basin - with Habitat West, Inc. in the amount of $22,141.50 and authorize the Mayor to execute the Change Order; 8.2 Approve a transfer of $22,141.50 from the Long Canyon Detention Basin Access Road Project to the Environmental Habitat Long-Term Maintenance Project account. 9 Authorize TemDorarv Street Closures for Temecula's Holiday Liaht Parade on December 2. 2005 and Deleaate Authoritv to issue SDecial Events/Street Closures Permit to the Director of Public Works/City Enaineer RECOMMENDATION: 9.1 Adopt a resolution entitled: 4 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S HOLIDAY LIGHT PARADE ON DECEMBER 2, 2005, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2005-01 Resolution: No. CSD 2005-21 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Edwards, Comerchero, Naggar, Roberts, Washington CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 10 Minutes RECOMMENDATION: 10.1 Approve the minutes of November 8,2005. 11 RoriDauah Ranch SDecific Plan No. 11 - Service Leyel C and Service Level 0 Rates and Charaes RECOMMENDATION: 11.1 Adopt a resolution entitled: 6 RESOLUTION NO. CSD 05 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR THE RORIPAUGH RANCH SPECIFIC PLAN NO. 11 BEGINNING FISCAL YEAR 2006- 2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 12 Tract MaD No. 31344 - Service Level B. Service Level C, and Service Level 0 Rates and Charaes RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. CSD 05. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 31344 BEGINNING FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 13 Third Amendment to the Midori Gardens. Inc. Maintenance Services Contract RECOMMENDATION: 13.1 Approve the Third Amendment with Midori Gardens, Inc., to provide a 4.7% Consumer Price Index (CPI) price increase and allow for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $695,383.32 plus a 10% contingency. 14 Third Amendment to the Excel LandscaDe. Inc. Maintenance Services Contract RECOMMENDATION: 14.1 Approve the Third Amendment with Excel Landscape, Inc., to provide a 4.7% Consumer Price Index (CPI) price increase and allow for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $1,833,238.00 plus a 10% contingency. 7 15 Professional Services Aareement with Meyer and Associates for Temecula Community Center EXDansion Desian RECOMMENDATION: 15.1 Approve the Professional Services Agreement with Meyer and Associates for the Design of the Temecula Community Center Expansion in an amount not to exceed $138,880; 15.2 Approve a 10% contingency in the amount of $13,888. 16 Aareement with UTP GrouD. Inc. for Technical Theater Personnel Payroll Services RECOMMENDATION: 16.1 Approve an agreement with UTP Group, Inc., subject to City Attorney approval, for payroll services for contracted technical theater personnel in an amount not to exceed $62,000; 16.2 Approve an appropriate $58,000 from TCSD Fund Balance to Other Outside Services in the Theater operating budget; 16.3 Increase Theater Rental Revenue in an amount of $21,000. CSD BUSINESS 17 ADDointment of President and Vice President of the Community Services District for Calendar Year 2006 RECOMMENDATION: 17.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2006, to preside until the end of Calendar Year 2006; 17.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2006, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2006. CSD DEPARTMENTAL REPORT 18 Community Services DeDartmental ReDort CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS 8 CSD ADJOURNMENT Next regular meeting: Tuesday, December 13, 2005, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. g TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2005-01 Resolution: No. RDA 2005-08 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington, Roberts RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RDA CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of November 8, 2005. 20 Third Amendment to Lease between the RedeveloDment Aaency of the City of Temecula and Butterfield EnterDrises/Pascoe ManaaementLLP with resDect to restrooms located at Butterfield Sauare RECOMMENDATION 20.1 Authorize staff to renew the five year lease between the Redevelopment Agency of the City of Temecula and Butterfield Enterprises with respect to restrooms located at Butterfield Square in the amount of $9,912 annually. 10 21 Status UDdate on the Temecula Education Center RECOMMENDATION 21.1 Receive and file. RDA BUSINESS 22 ADDointment of ChairDerson and Vice ChairDerson of the RedeveloDment Aaency for Calendar Year 2006 RECOMMENDATION: 22.1 Entertain motions from the Agency Members to appoint the Chairperson to preside, effective January 1,2006, until the end of Calendar Year 2006. 22.2 Entertain motions from the Agency Members to appoint the Vice Chairperson, effective January 1, 2006, who will assume the duties of the Chairperson in the Chairperson's absence, and hold this office until the end of Calendar Year 2006. RDA DEPARTMENTAL REPORT 23 RedeveloDment Monthlv DeDartmental ReDort RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, December 13, 2005, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 11 TEMECULA PUBLIC FINANCING AUTHORITY MEETING Next in Order: Ordinance: No. TPFA 2005-02 Resolution: No. TPFA 2005-12 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: AGENCY MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero TEMECULA PUBLIC FINANCING AUTHORITY PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. TPFA CONSENT CALENDAR 24 Minutes RECOMMENDATION: 24.1 Approve the minutes of November 8, 2005. 25 Conversion of Variable Rate Bonds to Fixed Rate Bonds for Temecula Public Financina Authoritv Community Facilities District No. 01-2 (Harveston) RECOMMENDATION: 25.1 Adopt a resolution entitled: 12 RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING A SECOND SUPPLEMENTAL INDENTURE OF TRUST AND AUTHORIZING AND DIRECTING OTHER ACTIONS RELATING TO CONVERSION TO FIXED RATE BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) ADJOURNMENT 13 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. 26 Continuation of Temecula Reaional HosDital Public Hearina RECOMMENDATION: 26.1 Open the public hearing and continue the public hearing for the Temecula Regional Hospital Project until the next scheduled City Council Meeting of December 13, 2005. COUNCIL BUSINESS 27 Amend ChaDter 3.20 of the Temecula MuniciDal Code relatina to Transient OccuDancv Tax RECOMMENDATION: 27.1 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 3.20 OF THE TEMECULA MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX 27.2 Adopt a resolution entitled: RESOLUTION NO. 05 "_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A STANDARD FORM TO CLAIM EXEMPTION FROM THE TEMECULA TRANSIENT OCCUPANCY TAX 28 ADDointment of Mayor and Mayor Pro Tem for Calendar Year 2006 RECOMMENDATION: 28.1 Entertain motions from the City Councilmembers to appoint the Mayor to preside, effective January 1, 2006, to the end of Calendar Year 2006. 28.2 Entertain motions from the City Councilmembers to appoint the Mayor Pro Tem, effective January 1, 2006, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2006. 14 CITY MANAGER REPORT CITY ATTORNEY REPORT DEPARTMENTAL REPORTS 29 Public Works Monthly ReDort 30 Police DeDartment Monthly ReDort 31 Plannina DeDartment Monthly ReDort 32 Economic DeveloDment Monthly DeDartmental ReDort ADJOURNMENT Next regular meeting: City Council, Tuesday, December 13, 2005, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 15 PROCLAMA TIONS AND PRESENTATIONS ..s ~~ EE:: ~~ ~ ~~ o~ Oc ~~ ~ E ~ ~ ro ,D ~ .~ a ..... 0 _ .... 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City Manager ~ City Attorney CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 22, 2005 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Senior Accountant Reta Weston, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. . 05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All daims and demands were paid from appropriated funds or authorized . resources of the City and have been recorded in accordance with the City's policies and procedures. Attachments: Resolution and List of Demands RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, have been reviewed by the City Manager's Office, and that the same are hereby allowed in the amount of $3.389,144.94 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 22nd day of November, 2005. Jeff Comerchero, Mayor Attest: Susan W. Jones, MMC Citry Clerk [SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and regular1y adopted by the City Council of the City ofTemecula at a meeting thereof, held on the 22"" day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 11/03/05 TOTAL CHECK RUN: 11/10/05 TOTAL CHECK RUN: 11/03/05 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 11/22/05 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 193 TCSD SERVICE LEVEL "C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL "0" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL R 196 TCSD SERVICE LEVEL L LAKE PARK MAl NT. 210 CAPITAL IMPROV PROJECT FUND 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 310 VEHICLE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES $ 1,406,278.69 1,569,542.79 413,323.46 $ 3,389,144.94 $ 2,147,106.60 23,735.15 169,402.41 145.22 69,516.36 953.80 1,755.00 7,124.48 431,799.70 16,002.37 752.36 32,860.43 45,136.09 8,118.85 21,412.66 001 GENERAL FUND 165 ROA DEV-LOW/MOD SET ASIDE 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 193 TCSD SERVICE LEVEL "C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 196 TCSD SERVICE LEVEL L LAKE PARK MAl NT. 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: $ 2,975,821.48 413,323.46 3,389,144.94 apChklst Final Check list Page: 1 11/03/2005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 590 11/0312005 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 61,274.83 Blue Shield HMO Payment 0.00 61.274.83 591 11/03/2005 000444 INSTATAX (EDD) State Disability Ins Payment 20,713.22 20,713.22 592 11/03/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 79,165.80 79,165.80 593 11/03/2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20.683.09 20.683.09 594 11/0312005 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 107.697.03 107,697.03 595 11/03/2005 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 3.188.22 3,188.22 596 11/0312005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 6,653.29 Child Care Reimbursement Payment 0.00 6,653.29 103569 10/27/2005 001365 RIVERSIDE COUNTY OF Temp health prmtHalloween Carnival 137.00 137.00 103570 11/03/2005 003552 AFLAC AFLAC Cancer Payment 1,830.80 1,830.80 103571 11/03/2005 004064 ADELPHIA Nov high speed internet svcs CW 55.95 55.95 103572 11/03/2005 004240 AMERICAN FORENSIC NURSES Sept DUI Drug & Alcohol Screening 175.00 175.00 103573 11/03/2005 000101 APPLE ONE INC Temp help PPE 10/15 Kasparian 655.20 Temp help PPE 10/15 Shelton 566.48 1,221.68 103574 11/03/2005 001561 ARCH WIRELESS Shipping/Handling chrgs 21.55 21.55 103575 11/0312005 003203 ARTISTIC EMBROIDERY Uniforms for IS Staff 391.13 391.13 103576 11/03/2005 002381 BEAUDOIN, LINDA Retirement Medical Payment 598.10 598.10 103577 11/03/2005 002541 BECKER CONSTRUCTION SRVS Drainage repairs:Empire Crk Outlet 23,415.00 23,415.00 103578 11/03/2005 008911 BEERS, BRUCE ReimbWM Booking Cf:9/6.11 299.46 299.46 103579 11/03/2005 003222 BROCKMEIER, CAROL Retirement Medical Payment 598.10 598.10 Page:1 apChkLst Final Check List Page: 2 11/0312005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103580 11/03/2005 008908 C C & COMPANY INC ESG & Halloween entertainmentOld Twn 900.00 900.00 103581 11/03/2005 004248 CALIF DEPT OF JUSTICE. May 05 blood alcohol analysis 140.00 140.00 103582 11103/2005 001267 CALIF OEPT OF MOTOR Licensefee:Arrwboard SE484714 16.00 License fee:Arrwboard SE484713 16.00 32.00 103583 11/03/2005 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 44.69 44.6S 103584 11/03/2005 008644 CANTRELL, ROGER, AlA, AICP Sept Architect plan review:Planning 13,048.00 13,046.00 103585 11/03/2005 002534 CATERERS CAFE Refrshmnts:Spark of Love Mtg 139.15 Refshmnts: Verizon CablefTv Mtg 48.10 Refshmnts: Rdhwk Prk Arch interviews 26.71 211.96 103586 11/03/2005 009497 CHANG, RECHELLE Refund: Tiny Tols- Fab 4 & 5's 8.00 8.00 103587 11/03/2005 009375 CHILDCRAFT EDUCATION CORP Tell by Touch Equip: C.Museum 24.78 24.78 103588 11/03/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 120.50 120.50 103589 11/0312005 001193 COMP U SA INC Computer supplies: MS Opt Dsktp 249.98 249.98 103590 11/03/2005 009496 COVEY. JOANNE Refund: Tiny Tots-Fab 4 & 5's 8.00 8.00 103591 11/03/2005 004123 o L PHARES & ASSOCIATES Nov lease chrgs:Police storefront 2,141.58 2,141.58 103592 11/03/2005 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:PW/Eng 594.70 594.70 103593 11/0312005 007693 EAGLE'S MARK INC Sister City Gift: Petunia Vase 235.85 235.65 103594 11103/2005 003828 EGAN VISUALlWEST INC., cIa Comm. Theater Podium 2,154.00 2.154.00 103595 11/0312005 003171 EMPIRE ECONOMICS LLC Consulting svcs: Roripaugh Ranch 3,150.00 3,150.00 103596 11/03/2005 008487 EVERETT, GINGER Refund: Tiny Tots - Fab 4 & 5's 64.00 64.00 103597 11/03/2005 000478 FAST SIGNS T. Museum exhibit supplies 36.82 36.82 Page:2 apChkLst Final Check List Page: 3 11/03/2005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103598 11/03/2005 000165 FEDERALEXPRESSINC Express mail services 123.30 123.30 103599 11/03/2005 000166 FIRST AMERICAN TITLE Lot book report Ricks 75.00 Lot book report: Elder 75.00 150.00 Page:3 apChkLst Final Check List Page; 4 11/0312005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103600 11/03/2005 003347 FIRST BANKCARD CENTER CROWN INDUSTRIES INC HP Comm. Theater supplies 1,616.21 UNITED AIRLINES GT Airfare:Sister City Trip 10/31-11/8 681.42 RADISSON HOTEL GY HtI: ICMA Ann'l Conf:9/24-27 670.76 HANDLERY UNION SQUARE RR HtI:League of Cities: 1 0/5-8/05 448.61 ENTERPRISE RENT A CAR INC GY Car Rental: ICMA Ann'l Conf:9/24-27 326.53 SIR FRANCIS DRAKE GY Hotel Ovrcharged:Credit Due 272.46 RENAISSANCE HOTEL JC Htl:League of Cities:l0/5-8/05 226.86 HANDLERY UNION SQUARE JC Htl:League of Cities: 1 0/5-8/05 217.08 SHERATON HOTEL RR Htl:SCAG Mtg: 1 0/9-1 0/05 216.66 SOUTHWEST AIRLINES GY Airfare:Planning Conf:11/2:BO 186.90 AMERICAN PLANNING DU Trng CDs-Strategic MgmUCodes 178.00 LEAGUE OF CALIF CITIES GR Regist:Legislative Briefing:11/17 140.00 CLASSIC ACCENTS. INC HP T.Museum:Nickel Plated Cast 128.40 SAN JOSE STATE UNIVERSITY GY RegistPlanning Conf:11/2:BO 110.00 AMERICAN PLANNING DU Trng CD: Economics of Density 80.00 CALL FROM HOLLAND GT Phone:Sister City Trip 10/31-11/8 72.75 PALMONE. INC DU Treo 650 leather case:Planning 64.94 ONTARIO AIRPORT RR Prkg:League of Cities: 1 0/5-8/05 60.00 ONTARIO AIRPORT JC Prkg:League of Cities:l0/5-8/05 60.00 URBAN LAND INSTITUTE GT Book:Developing Around Transit 58.04 MEXICO CHIQUITO DU Refrshrnnts: Planning Comm Mtg 54.73 ONTARIO AIRPORT RR Prkg:NLC Infrastructure:9/22-24/05 45.00 SUPERSHUTTLE RR Taxi:League of Cities: 1 0/5-8/05 45.00 MARIE CALLENDER HP Refreshments: Business Mtg 39.88 SHERATON HOTEL RR HtI:SCAG Mtg:1019-10/05 32.30 WHITEY'S WORLO FAMOUS GY Meal: ICMA Ann'l Conf:9/24-27 24.26 SHELL OIL RR Fuel expense for rental car 22.52 LONG LIFE NOODLE COMPANY JC Meal:League of Cities: 1 0/5-8/05 21.70 FIRELAKE GRILL HOUSE & BAR GY Meal: ICMA Ann'l Conf:g/24-27 16.26 6,317.27 Page:4 apChkLst Final Check List Page: 5 11/03/2005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103601 11/03/2005 007008 FISHER SCIENTIFIC COMPANY trffc accidents absorbing material 876.40 876.40 103602 11/0312005 004239 FISHER SEHGAL YANEZ INC Comm. Theater Reimbursable Items 2,885.00 2,885.00 103603 11/0312005 002982 FRANCHISE TAX BOARO Support Payment Case # 452379267 75.00 75.00 103604 11/0312005 000170 FRANKLIN QUEST COMPANY INC 2006 Planning System Refills 207.58 207.58 103605 11/0312005 009097 FULL COMPASS SYSTEMS Comm. Theater audio cables 650.45 650.45 103606 11/03/2005 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 84.83 84.83 103607 1110312005 004053 HABITAT WEST INC Habitat Restoration Pala Rd-Final Bill 150.08 150.08 103608 11/03/2005 001135 HEAL THPOINTE MEDICAL Sept Pre-employment physicals 540.00 540.00 103609 11/03/2005 002107 HIGHMARK INC Voluntary Supp Life Insurance Payment 766.50 766.50 103610 11/0312005 002126 HILL YARD FLOOR CARE SUPPLY CRC gym floor care supplies 2,843.18 CRC gym floor care supplies 29.32 2,872.50 103611 11/0312005 001013 HINDERLITER DE LLAMAS & 3rd atr Sales tax & recovery sves 8.864.07 8,864.07 103612 11/03/2005 005748 HODSON, CHERYL A. Support Payment 12.28 12.28 103613 11/03/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 9,875.35 9,875.35 103614 11/03/2005 003571 INTL ASSN OF PLUMBING AND Regist:Code Sem:11/3-8:B&S Staff 660.00 660.00 103615 11/0312005 004862 INTL PAVEMENT SOLUTIONS INC Oct prgss:Old Town Gateway Ldscp 3,600.00 3,600.00 103616 11/03/2005 001186 IRWIN. JOHN TCSD instructor earnings 333.90 333.90 103617 11/03/2005 004884 J & W REDWOOD LUMBER CO Old Town lumber & supplies 60.67 60.67 103618 11/0312005 004908 JIFFY LUBE 1878 B&S vehicle oil changes 100.50 100.50 PageS apChkLst Final Check List Page: 6 11/03/2005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103619 11/0312005 009493 JOHNSON, CW04 PATRICK B. Refund: Security Depst:CRC 150.00 150.00 103620 11/0312005 004051 LOR GEOTECHNICAL GROUP 9/5-1012 dsgns:Pala Rd Impr Phase II 560.00 560.00 103621 11/0312005 007188 LAERDAL MEDICAL CORP. Heartsaver AED Textbooks: Medic 323.25 323.25 103622 11/03/2005 008700 LAKE MANAGEMENT INC Duck pond maintenance svcs 1.000.00 1,000.00 103623 11/03/2005 009467 LANKENAU.STEVE Reimb:ICC Cerlif. Renewal fee 60.00 60.00 103624 11/03/2005 004905 LIEBERT, CASSIDY & WHITMORE Sept HR legal svcs for TE060-#01 175.00 175.00 103625 11/03/2005 008383 L1M & NASCIMENTO Sept design: Margarita undercrossing 8,102.43 8,102.43 103626 11/03/2005 009495 LYONS, JOYCE Refund: Basketball Skills-CRe 12.50 12.50 103627 11/03/2005 008610 M C R STAMPS OJ servlces for High Hopes Prgm 7/15/05 25.00 25.00 103628 11/03/2005 001967 MANPOWER TEMPORARY temp help w/e 10/16 JD/JHIDH/KN 3.677.45 3,677.45 103629 11/03/2005 006488 MANSILLA, NEAL reimb:Statutes Titles 19/24: 10/10-13/05 78.94 78.94 103630 11/03/2005 009078 MARTINEZ. REBECA Refund: Tiny Tots Fab 4 & 5's 8.00 8.00 103631 11/03/2005 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,211.78 8,211.78 103632 11/03/2005 007210 MIDORI GARDENS staked treeslCrowne Hill Park 168.40 168.40 103633 11/03/2005 004208 MILANOS Refreshments:Council meeting 10/25/05 213.00 213.00 103634 11/0312005 008091 MILLMORE'S WAX CREW City vehicles detailing svcs: B&S Dept. 100.00 credit over chrg for 2 midsize vehicles -10.00 90.00 103635 11/03/2005 001384 MINUTEMAN PRESS envelopes for TCSD Depts 1,563.16 Rubber Stamp for Ron Roberts 32.32 1,595.48 103636 11/03/2005 004534 MOBILE SATELLITE VENTURES Nov EQC Stn Satellite Phone SVC5 71.89 71.89 Page1> apChkLst Final Check List Page: 7 11/03/2005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check #I Date Vendor Description Amount Paid Check Total 103637 11/03/2005 005887 MOFFATT & NICHOL ENGINEERS Aug-Sep profsvcs: F.V. Pkwy/I-15Intrchg 129,105.05 129,105.05 103638 11/03/2005 000883 MONTELEONE EXCAVATING constr/3 desilting ponds on Santiango Rd 11,410.00 Service Level "R" grading svcs 1,755.00 13,165.00 103639 11/0312005 001986 MUZAK -SOUTHERN CALIFORNIA Nov "on~hold" phone music:City Hall 124.41 124.41 103640 11/03/2005 000718 NATIONAL RECREATION PARK Playground Inspection Kitvar park sites 150.00 150.00 103641 11/03/2005 006721 OFFICEMAX - A BOISE COMPANY Office Supplies: Finance 137.11 137.11 103642 11/03/2005 003852 ON TRAC OVERHEAD DOOR CO Res Imprv prgm: Mietschnig, Hermann 809.00 809.00 103643 11/03/2005 001171 ORIENTAL TRADING COMPANY recreation supplies for Tiny Tots Prgm 98.88 98.88 103644 11/0312005 002297 OVERLAND PACIFIC & CUTLER Sep consulting svc: Civic Center 690.00 690.00 103645 11/03/2005 004074 PARTY CITY OF TEMECULA INC recreation supplies for MPSC 106.12 106.12 103646 11/0312005 004538 PAULEY EQUIPMENT COMPANY equipment repair:TCSD Maint Div 33.76 33.76 103647 11/03/2005 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 103648 11/0312005 000249 PETTY CASH Petty Cash Reimbursement 589.41 589.41 103649 11/03/2005 009494 PLYLER,STEVE Refund: Security Depst: CRC 150.00 150.00 103650 11/03/2005 002354 POSITIVE PROMOTIONS Twizzlers w/lift safely message: H.R. 292.57 292.57 103651 11/03/2005 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 359.75 359.75 103652 11/03/2005 004318 R J BULlARD CONSTRUCTION Oct prgs #1 :Barrier Rail Replacement 40,653.00 40.653.00 103653 11/0312005 004029 R J M DESIGN GROUP INC Sep dsgn svcs: P.B. Sports Complex 4,314.37 4,314.37 103654 11/03/2005 009498 RAMOS, ANA Refund: Sec. DepositJRoom Rental CRC 542.00 542.00 Page:7 apChkLst Final Check List Page: 8 11/03/2005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check" Date Vendor Description Amount Paid Check Total 103655 11/0312005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 2,695.53 Oct 01-23-01075-1 Crowne Hill Dr 1,038.84 Oct 01-08-38009-0 Fire Stn 92 70.85 Sep 01-05-11040-1 Maint Fac Expan 66.69 3,871.91 103656 11/03/2005 000526 REGENTS OF UNIVERSITY OF Ldscp lrrig. Mgmt wrkshp:DT 11/29 & 1216 199.00 199.00 103657 11/03/2005 008408 REYNOlOS, AMY Refund: Tiny Tots Fab 4 & 5's 8.00 8.00 103658 11/03/2005 000955 RIVERSIDE CO SHERIFF SW STN "Concert on the Greens" patrol svcs 9/18 1,195.30 1,195.30 103659 11/03/2005 000406 RIVERSIOE CO SHERIFFS OEPT 7/01-20/05:lawenforcement 643,656.29 643,656.29 103660 11/03/2005 000406 RIVERSIDE CO SHERIFFS DEPT Radar Operator Tm: D.Schreiber 12/6-8 72.00 Laser Operator Trn: D. Schreiber 1219/05 25.00 97.00 103661 11/03/2005 009482 RIVERSIOE SHERIFF ASN K9 K9 Trials t-shirts: Public Safety Expo 125.00 125.00 103662 11/03/2005 . 009196 SACRAMENTO THEATRICAL Theatrical Lighting: Community Theater 648.40 Electrical Adaptor: Community Theater 501.08 Stage Lighting Patterns: Community Thtr 192.25 1,341.73 103663 11/03/2005 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,037.98 1,037.98 103664 11/03/2005 008693 SAlAZAR, OONAlD (SWD 000053) Support Payment 283.50 283.50 103665 11/0312005 005227 SAN OIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00 103666 11/03/2005 001500 SAN DIEGO REGIONAL TRAIN CommunicationSkills:S.Lee/S. Williams 11/9 150.00 Front Line CIS Skills:LeelWilliams 12/2 150.00 300.00 103667 11/03/2005 001500 SAN DIEGO REGIONAL TRAIN Communication Skills: A Pina 11/9/05 75.00 75.00 103668 11/03/2005 006815 SAN OIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50 103669 11/03/2005 009164 SCHRADER, HEIDI Reimb:OTS Grant Writing Trn 10/21105 69.52 69.52 103670 11/03/2005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt LOFile #2005022657=$103.47 253.47 253.47 103671 11/03/2005 004609 SHREDFORCE INC Oct doc. shredding svcs: Records Mgmt 110.00 110.00 Page:8 apChkLst Final Check List Page: 9 11/03/2005 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103672 11/03/2005 007342 SHUTE. MIHALY & WEINBERGER Sept '05 legal services pmt 2,426.29 2,426.29 103673 11/03/2005 009499 SIDOTI, CELlNE Refund: Tiny Tots Fab 4 & 5's 8.00 8.00 103674 11/03/2005 000645 SMART & FINAL INC recreation supplies for TCe 204.09 supplies/High Hopes 6th Anniv. 9/16/05 179.92 recreation supplies for MPSC 108.14 492.15 103675 11/03/2005 000537 SO CALIF EDISON Oct 2-00-397-5042 City Hall 7,437.96 Oct 2-02-502-8077 Maint Fac 1,929.94 Oct 2-02-351-4946 MPSC 1,287.83 Oct 2-18-937-3152 T. Museum 921.62 Oct 2-00-397-5067 various mtrs 881.90 Oct 2-27-643-1046 McLaughlin Bldg 452.84 Oct 2-23-365-5992 Fire Stn 92 445.75 Oct 2-22-575-0876 Old Town Front St. 403.78 Oct 2-27-615-1750 Fire Stn 73 390.05 Oct 2-22-891-0550 various mtrs 315.31 Oct 2-11-007-0455 6th Street 311.91 Oct 2-20-817-9929 Police Storefront 311.91 Oct 2-21-911-7892 O.T.So.Side Prk Lot 143.96 Sep 2-27-287-5527 various mtrs 105.27 Oct 2-19-171-8568 Wedding Chpl 78.50 Oct 2-14-204-1615 Front Street Radio 44.97 Oct 2-18-528-9980 Santiago Rd 44.81 Oct 2-27-371-8494 Records Mgmt Offsite 21.85 15,530.16 103676 11/03/2005 001212 SO CALIF GAS COMPANY Oct various gas meters: City Faciltiies 3,858.14 Oct various gas meters: City Facilities 1,100.18 Oct 101-525-1560-6 Fire Stn 73 159.73 Oct 164-525-0321-8 McLaughlin Bldg 25.00 5,143.05 103677 11/03/2005 000282 SO CALIF MUNICIPAL ATHLETIC mbrshp dues:McCarthyflNillcoxlLawrence 145.00 145.00 103678 11/03/2005 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2,668.75 2,668.75 103679 11/03/2005 002366 STEAM SUPERIOR CARPET 9/16-10/14/05 floor care svcs: City 1,120.00 1,120.00 103680 11/03/2005 008596 SUN MICROWAVE Phone Switch Upgrades: I.S. Dept 12.359.79 12,359.79 103681 11/03/2005 000305 TARGET BANK BUS CARD SRVCS recreation supplies for TCC 244.52 Halloween supplies for MPSC 118.44 Halloween Carnival supplies for TCSD 99.24 recreation supplies for Aquatics Prgm 9.59 471.79 Page:9 apChkLst Final Check List Page: 10 11/031200S 11:32:13AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103682 11/03/2005 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,375.00 4,375.00 103683 11/03/2005 000515 TEMECULA VALLEY CHAMBER 1 st Qtr Sponsorship Funds 37,000.00 2nd atr Sponsorship Funds 37,000.00 74,000.00 103684 11/03/2005 004274 TEMECULA VALLEY SECURITY locksmith svcs: various park sites 80.00 80.00 103685 11/03/2005 000668 TIMMY D PRODUCTIONS INC PA rental: 9/11 Remembrance/Duck Pond 150.00 150.00 103686 11/03/2005 004162 TMP INTERACTIVE INC 9 internet recruitment ads: H.R. 2,030.00 2,030.00 103687 11/03/2005 007118 US TELPACIFIC CORPORATION Oct Internet IP Addresses Block 1,100.35 1.100.35 103688 11/03/2005 004981 UNISOURCE SCREENING & 10/1-15/05 background screening svcs 237.00 237.00 103689 11/03/2005 000325 UNITED WAY United Way Charities Payment 218.65 218.65 103690 11/03/2005 004819 UNUM LIFE INS. CO. OF AMERICA LongTerm Disability Payment 7,497.16 7.497.16 103691 11/0312005 009460 VAN VECHTEN, WILLIAM Reimb/supplies for Community Theater 543.45 543.45 103692 11/03/2005 006807 VANIR CONSTRUCTION Aug Constr Mgmt Svcs;Community Thtr 13,443.40 13.443.40 103693 11/03/2005 004147 VAUGHN IRRIGATION SERVICES parts for pumps: Duck Pond 281.32 281.32 103694 11/03/2005 004261 VERIZON Octxxx.2016 reverse 911 109.61 Oct xxx-9a97 general usage 90.59 Oct xxx-3526 Fire Alarm 85.00 Oct )()()(.2676 general usage 28.33 313.53 103695 11/0312005 004789 VERIZON ONLINE Internel svcs: n9549 Police Storefront 42.70 42.70 103696 11/0312005 009481 WAIT, CYNTHIA Reimb: Law & Media mtg 11/3/05 30.00 30.00 103697 11/0312005 003730 WEST COAST ARBORISTS INC 9/16-30/05 Citywide Tree Trimming Svcs 459.00 459.00 103698 11/03/2005 004595 WESTERN MUSEUMS 9/1/05-8/31/05 mbrshp dues: H.P./W.O. 125.00 125.00 Page:10 apChkLst 11/031200S 11:32:13AM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103699 11/03/2005 009173 WORD MILL PUBLISHING 1/4 pg ad/D.T.Community Theater opening 325.00 325.00 103700 11/03/2005 000348 ZIGLER, GAIL Reimb: Oct Team Pace event supplies 89.36 89.36 103701 11/03/2005 003776 ZOLL MEDICAL CORPORATION medical supplies for Paramedics medical supplies for Paramedics 950.60 341.32 1,291.92 Grand total for UNION BANK OF CALIFORNIA: 1.406,278.69 Page:11 apChkLst Final Check List Page: 1 ",'0/200S 9:2' :SSAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 103702 11/10/2005 009098 8 BRIGHT IDEAS LLC TCSD instructor eamings 105.00 105.00 103703 11/10/2005 009206 A F M PRODUCTIONS INC Theater Stage Rigging: Black Tie Line 195.00 195.00 103704 11110/2005 004973 ABACHERLI. L1NDI TCSD instructor earnings 680.00 680.00 103705 11110/2005 004064 ADELPHIA 11/2-1211 high speed intemet svcs TT 46.95 46.S5 103706 11110/2005 004432 ALBERTSONS GROCERY STORE Cookie Decorating Booth Supplies 282.33 Cookie Decorating Booth Supplies 12.90 295.23 103707 11110/2005 006915 ALLIE'S PARTY EQUIPMENT Misc Rentals: Comm. Theater 655.05 655.05 103708 11/10/2005 004240 AMERICAN FORENSIC NURSES Oct Dui Drug & Alcohol Screening 175.00 Oct Dui Drug & Alcohol Screening 175.00 350.00 103709 11/1012005 000747 AMERICAN PLANNING Mb: Knute Noland 131044-090905 255.00 255.00 103710 11/10/2005 002187 ANIMAL FRIENDS OF THE Oct 05 Animal control services 12.500.00 12,500.00 103711 11/1012005 003377 ANTIQUE & COLLECTABLES Sept:Antique Faire magazine ad 222.64 Aug:Antique Faire magazine ad 75.62 298.26 103712 11/10/2005 000101 APPLE ONE INC Temp help PPE 10/22 Shelton 556.24 556.24 103713 11110/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ City Hall 305.17 Bottled wtr svcs @ Mntc Fac 186.94 Bottled wtr svcs @ CRC 90.42 Bottled wtr svcs @ City Hall 39.86 Bottled wtr svcs @ C.Museum 35.12 Bottled wtr svcs @T.Museum 26.49 Bottled wtr svcs @ Skate Park 17.23 701.23 103714 11/10/2005 009473 BARNARD L TD C.Museum supplies: Plastic Pickles 12.71 12.71 103715 11110/2005 003466 BASKET & BALLOONS TOOl Safety Expo helium balloons 92.00 92.00 103716 11110/2005 002541 BECKER CONSTRUCTION SRVS Citywide shoulder grading: var locations 14,655.00 14,655.00 103717 11110/2005 004040 BIG FOOT GRAPHICS TCSD instructor eamings 700.00 700.00 Page:l apChkLst Final Check List Page: 2 1111012005 9:21 :S5AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103718 11/10/2005 009505 BRAY, LISA Refund: Tiny Tots-Terrific 3's 4.00 4.00 103719 11/10/2005 003455 BROADCAST MUSIC INC Old Town music license 175.26 175.26 103720 11/1012005 009082 C B C TECHNICAL INC Theater Audio Equipment 1,113.06 1,113.06 103721 11/10/2005 003138 CAL MAT PW palch truck materials 2,686.00 2.686.00 103722 11/1012005 005384 CALIF BAGEL BAKERY & DELI Refreshments:Citizen Corp Trng 1,011.22 1.011.22 103723 11/10/2005 004248 CALIF DEPT OF JUSTICE- June 05 blood alcohol analysis 1,365.00 Jan DUI Drug & Alcohol Screening 70.00 1,435.00 103724 11/10/2005 004566 CALIF DEPT OF TOXIC EPA Fees:2633, 2640, 2635 675.00 675.00 103725 11/10/2005 000152 CALIF PARKS & RECREATION Award submittal: Old Town Theater 45.00 45.00 103726 11/1012005 000152 CALIF PARKS & RECREATION Award submittal: Harveston Prk 45.00 45.00 103727 11/1012005 000152 CALIF PARKS & RECREATION Award submittal: FIT program 45.00 45.00 103728 11/10/2005 000152 CALIF PARKS & RECREATION Award submittal: Theater Opening 45.00 45.00 103729 11/10/2005 000152 CALIF PARKS & RECREATION Award submittal: Summer/Fall Guide 45.00 45.00 103730 11/10/2005 000152 CALIF PARKS & RECREATION Award submittal: Website Theater 45.00 45.00 103731 11/1012005 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 31.11 Helium tanks refill:TCSD 30.30 61.41 103732 11110/2005 007147 CARDINAL AIR SERVICES INC Santa transportation:Spark of Love 600.00 600.00 103733 11/10/2005 009461 COUNTRY INN TEMECULA LLC Performers accommodations: Theater 1,264.68 1,264.68 103734 11/10/2005 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repairs: park site 130.00 130.00 103735 11/10/2005 003945 DIAMOND ENVIRONMENTAL Portable restroom:Main Str Night 346.66 Portable restroom:Main Sir Night 173.33 Portable restroom: Comm Clean-up day 101.55 621.54 Page2 apChkLst Final Check List Page: 3 1111012005 9,21,5SAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Oate Vendor Oescription Amount Paid Check Total 103736 1111012005 004192 OOWNS COMMERCIAL FUELING Fuel for City vehicles: PW Mntc 1,325.56 Fuel for City vehides: TCSD 1,117.14 Fuel for City vehides: B&S 960.31 Fuel for City vehicles:PlanninglPolice 580.21 Fuel for City vehicles: Lnd/PW/CIP 550.41 Fuel for City vehicles: CIP 366.34 Fuel for City vehicles: Traffic 149.42 Fuel for City vehicles: TCSO/CIP 142.19 Fuel for City vehicles: Code Enforce 104.55 5,296.13 103737 1111012005 001669 OUNN EDWAROS CORPORATION Supplies for graffiti removal 19.25 Supplies for graffiti removal 10.00 29.25 103738 11110/2005 000395 ECONOMIC DEVELOPMENT FY 05/06 Economic Oevel funding 22,500.00 22,500.00 103739 11110/2005 001056 EXCEL LANDSCAPE Oct Idscp svcs:Sprts Prks 40,986.00 Oct Idscp svcs: South Slopes 31,361.00 Oct Idscp svcs: North Sropes 23,071.00 Oct Idscp svcs: Medians 9.298.00 Oct rdscp svcs:City Facilities 6,886.00 Oct ldscp impr: Medians 1,700.00 Oct ldscp impr: Medians 288.00 Oct ldscp impr: Medians 270.00 Sept Idscp impr: Slope Areas 170.82 Oct rdscp impr:Slope area 75.00 114.105.82 103740 11/1012005 009507 FAN, CHENG CHIN Refund: Kidz love soccer:Karen 55.00 55.00 103741 1111012005 000478 FAST SIGNS Halloween Event Signs 80.51 80.51 103742 11/1012005 000165 FEDERAL EXPRESS INC Express mail services 226.19 Express mail services 38.68 264.87 103743 11/10/2005 004000 FENCING BY ACREY INC Res impr prgm: Rotell, Joseph 4,062.50 4,062.50 103744 11/10/2005 000166 FIRST AMERICAN TITLE Lot Book Report: Naron 75.00 Lot Book Report: Westbrook 75.00 Lot Book Report: Elder 75.00 Lot Book Report: Lewis 75.00 300.00 Page:3 apChkLst Final Check List Page; 4 11/1012005 9:21 :55AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103745 11/10/2005 003347 FIRST BANKCARD CENTER 007115 LIGHTHOUSE LODGE, LLC AE HtI:CALBO President:10/20-22 511.50 003571 INTL ASSN OF PLUMBING AND AE Code book publications 242.29 007033 CROWNE PLAZA HOTELS AE HtI:CALBO: 1 0/5-9:Lankenau 228.80 007033 CROWNE PLAZA HOTELS AE HtI:CALBO:10/5-9:Tooke 228.80 006937 SOUTHWEST AIRLINES AE Airfare:CALBO:1 0/5-9:Tooke 196.90 006937 SOUTHWEST AIRLINES AE Airfare:CALBO: 1 0/5-9:Lankenau 196.90 007177 MACARONI GRILL AE Refreshments:Admin Interview 152.74 1,757.93 103746 11/10/2005 007008 FISHER SCIENTIFIC COMPANY trffc accidents absorbing material 876.40 876.40 103747 11/10/2005 000170 FRANKLIN QUEST COMPANY INC Day timer supplies ~ Planning 11.35 11.35 103748 11/10/2005 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 1,032.00 1,032.00 103749 11110/2005 000177 GLENNIES OFFICE PROOUCTS Office supplies:PW/Eng 1,144.71 Office Supplies: Human Resource 989.20 Office Supplies: Planning 904.12 Office supplies: Theater 882.60 Office Supplies: Central Svcs 500.74 Office Supplies: Info System 274.32 Office Supplies: CM/Eco Devel 222.38 Office Supplies: CRC/Skatepark 196.62 Office Supplies: TCSOrT .Museum 41.00 5,155.69 103750 11/10/2005 004910 GLOBAL EQUIPMENT COMPANY Folding hand cart:Central Svcs 88.58 88.58 103751 11/10/2005 009506 GRASSO, MELISSA Refund: Tiny Tots - Terrific 3's 4.00 4.00 103752 11/1012005 009475 GST Tech repairs on Police Computer 138.80 138.80 Page:4 apChkLst Final Check List Page: 5 11/101200S 9:21:S5AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103753 11/10/2005 000186 HANKS HARDWARE INC HardwarelTools Supplies:Parks 1,068.04 Hardware Supplies:TheaterlT.Museum 650.76 Hardware Supplies: Pw Mntc 543.96 Hardware Supplies: T cc 133.82 Hardware Supplies: Pw Mntc 57.01 Hardware Supplies: City Hall 52.49 Hardware Supplies: C.Museum 22.77 Hardware Supplies: Special Prjts 19.90 Hardware Supplies: Cre 17.65 Hardware Supplies: Sr. Center 16.13 Hardware Supplies: Bldg & Safety 8.61 2.591.14 103754 11/10/2005 001135 HEAL THPOINTE MEDICAL Oct Pre-employment physicals 270.00 Oct Pre-employment physicals 25.00 295.00 103755 11/1012005 002906 HEMET FENCE COMPANY Res impr prgm: Clendinen, Judy 4.795.00 4,795.00 103756 11/10/2005 006450 HEMET VALLEY TOOL & SUPPLY Jig Saw for scene room:Theater 198.87 198.87 103757 11/1012005 009479 HERRINGTON, JOSEPH S. EntertainmentErle Stanley event 350.00 350.00 103758 11/1012005 004811 HEWLETT PACKARD Hp Compaq Computer:Police 1,290.22 1,290.22 103759 11/1012005 003857 IDEA ART INC Holiday Lights & Festive Sights paper 61.82 61.82 103760 11/1012005 004833 IMPERIAL PAVING COMPANY INC Remove & Replace A.C. Citywide 5,000.00 5,000.00 103761 11/1012005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 1.691.38 1,691.38 103762 11/10/2005 001186 IRWIN. JOHN TCSD instructor earnings 1.461.60 1,461.60 103763 11/1012005 000203 JOBS AVAILABLE INC Recruitment ads:AssisVAssoc Planner 99.00 99.00 103764 11/1012005 003046 K FRO G 95.1 FM RADIO Old Twn Howl-o.ween broadcasting 774.00 Mystery weekend broadcasting 243.00 1,017.00 103765 11/1012005 002424 KELLEY DISPLAY INC Holiday banners: Eco Devel 641.43 641.43 103766 11/1012005 009477 KEMPTON, GLORIA EntertainmentErle Stanley event 250.00 250.00 Page:5 apChkLst Final Check List Page: 6 11/1012005 9:21:5SAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103767 11/10/2005 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 798.00 TCSD instructor earnings 672.00 TCSD instructor earnings 630.00 TCSD instructor earnings 518.00 TCSD instructor earnings 462.00 TCSD instructor earnings 462.00 TCSD instructor earnings 420.00 TCSD instructor earnings 252.00 TCSD instructor earnings 210.00 TCSD instructor earnings 168.00 TCSD instructor earnings 42.00 4,634.00 103768 11/1012005 002789 KIMCO STAFFING SERVICES INC Temp help PPE 10/30 Shinkle 638.00 638.00 103769 11/10/2005 001282 KNORR SYSTEMS INC Aquatic Supplies:Chemical Pump 385.27 385.27 103770 11/10/2005 000209 L & M FERTILIZER INC Misc. supplies for PW Mntc 138.84 138.84 103771 11/10/2005 009478 LA FARGA. CARLOS Gardner school band performance 150.00 150.00 103772 11/10/2005 006744 LAMAR CORPORATION, THE Chg-Out billboard lease-Old Town 495.00 495.00 103773 11/10/2005 004412 LEANDER, KERRY D. TCSD instructor earnings 142.32 142.32 103774 11/10/2005 000586 LEXISNEXIS MATTHEW BENDER Website Annual Storage Svcs 495.00 495.00 103775 11/10/2005 003782 MAIN STREET SIGNS hardware/replacement signs:PW Maint 3,279.10 3,279.10 103776 11/10/2005 004141 MAINTEX INe custodial supplies: City Hall 395.00 custodial supplies: T. Museum 252.85 custodial supplies: C. Museum 252.85 custodial supplies: MPSC 188.70 custodial supplies: TeC 188.70 custodial supplies: CRe 138.99 custodial supplies: T. Museum 42.16 custodial supplies: TCe 18.62 custodial supplies: CRe 17.71 1,495.58 103777 11/10/2005 009510 MANAHAN, DIANE refund: Tiny Tots - Terrific 3's 4.00 4.00 Page:6 apChkLst Final Check List Page: 7 11/1012005 9:21:55AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103778 11110/2005 004066 MANALlLI. AILEEN TCSD Instructor Earnings 290.50 TCSD Instructor Earnings 238.00 TCSD Instructor Earnings 222.25 TCSD Instructor Earnings 183.75 TCSD Instructor Earnings 122.50 TCSD Instructor Earnings 84.00 TCSD Instructor Earnings 42.00 1,183.00 103779 11/1012005 001967 MANPOWER TEMPORARY Temp Help W/E 10/23 JD/JH/DH/KN 3,305.69 3,305.69 103780 11/10/2005 000217 MARGARITA OFFICIALS ASSN Oct softball officiating: TCSD sports 2,325.00 2,325.00 103781 11/10/2005 004307 MARINE BIOCHEMISTS Oct waler maintHarveston Lake/Dck Pnd 4,855.00 4,855.00 103782 11/10/2005 009508 MARQUEZ, LETICIA refund: Tiny Tots - Fab 4 & 5's 8.00 8.00 103783 11/10/2005 006571 MELOOY'S AO WORKS Nov MarketinglPromotions:Dickens Holiday 3.000.00 reimb expenses: Old Town Halloween 331.66 reimb expenses: Dickens Holiday 265.50 3.597.16 103784 11110/2005 009509 MENDEZ, ADRIENNE refund: Tiny Tots - Terrific 3'5 4.00 4.00 103785 11110/2005 005684 MEREOITH, MARILYN writer/presenter for E.S.G. event 11/5 250.00 250.00 103786 11/10/2005 009063 MHOTSPOT LLC mobile Gateway/mounting rack/power max 1,617.82 1,617.82 103787 11/10/2005 007210 MIDORI GARDENS mainline repairs: Lake Park 144.40 144.40 103788 11/10/2005 004951 MIKE'S PRECISION WELDING repair/maint of pump stn door: Skate 300.00 300.00 103789 11/10/2005 007669 MILES, KATRINA TCSD Instructor Earnings 297.50 TCSD Instructor Earnings 245.00 542.50 103790 11/10/2005 008091 MILLMORE'S WAX CREW City vehicles detailing svcs: PW 125.00 125.00 103791 11110/2005 001986 MUZAK .SOUTHERN CALIFORNIA Nov music broadcast:Old Town 69.11 69.11 103792 11/1012005 002037 NEXUS INTEGRATION SERVICES Communication Cabling:Community Theater 11,247.02 Add'l Phone Equip: Community Theater 1,487.62 Credit: Deposit Prey Paid/Community Thtr 4,225.00 8,509.64 Page:7 apChkLst Final Check List Page: 8 11/10/2005 9:21 :55AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103793 11/10/2005 008570 OFFICE MAX holiday paper supplies for TCSD 122.35 holiday paper supplies for TCSD 87.39 holiday paper supplies for TCSD 43.69 holiday paper supplies for TCSD 8.74 262.17 103794 11/10/2005 006721 OFFICEMAX - A BOISE COMPANY Office Supplies: Finance 31.97 31.97 103795 11/1012005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 152.19 152.19 103796 11/10/2005 006939 PAINT CONNECTION. THE Res Imp Prgm: Mietschnig, Herman 1,575.00 1,575.00 103797 11/10/2005 003955 PANE CONSULTING SERVICE promotional items: Sister Cities prgm 2,239.62 straws/shirts: C. Museum 792.28 3,031.90 103798 11/1012005 004538 PAULEY EQUIPMENT COMPANY mule rental for special events: Code Enf 293.60 293.60 103799 11/10/2005 002331 PEP BOYS INC equip parts/supplies for PW Maint 34.46 34.46 103800 11/10/2005 000249 PETTY CASH Petty Cash Reimbursement 278.59 278.59 103801 11/10/2005 002579 POTAMUS PRESS NPDES inspection books: PW NPDES Div 375.95 375.95 103802 11/10/2005 009215 QUILL CORPORATION purchase 100 chairs: Community Theater 6.463.92 purchase 3 chairs: Community Theater 193.92 credit 3 chairs not delivered/Comm.Thtr -193.92 credit: late delivery/Community Theater -1,077.50 5,386.42 103803 11/10/2005 006664 R R M DESIGN GROUP Aug Citywide Design Guidelines:Planning 2,735.85 Jut Citywide Design Guidelines:Planning 215.36 2,951.21 103804 11/10/2005 002612 RADIO SHACK INC misc. supplies: I.S. Dept 29.29 29.29 103805 11/10/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 16,366.39 Various Water Meters 789.72 Oct 01-05-11040-1 Maint Fac Expan 78.19 Various Water Meters 75.51 Oct 01-06-58200-3 41920 Main St. 10.85 17,320.66 103806 11/10/2005 002654 RANCHO FORD LINCOLN '06 Ford Expedition: City Manager 32,860.43 32,860.43 103807 11/1012005 008099 RANDALL KAPPE MAGICIAN Paramagic show: Safety Expo 11/05/05 480.00 480.00 Page:B apChkLst Final Check List Page: 9 11/10/200S 9:21 :S5AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103808 11/10/2005 003742 REHAB FINANCIAL (13) roan prgm services: RDA 1,950.00 (10) roan prgm services: RDA 1,500.00 (10) loan prgm services: RDA 1,500.00 (6) loan prgm services: ROA 900.00 (3) loan prgm services: RDA 450.00 6,300.00 103809 11110/2005 003591 RENES COMMERCIAL City R-O-W's weed abatemenUclean up 5,000.00 5,000.00 103810 11/10/2005 002110 RENTAL SERVICE rental equipment for PW Maint Div 96.35 96.35 103811 1111012005 004498 REPUBLIC ELECTRIC repair to signal equip:SR79JLa Paz 944.00 944.00 103812 11/10/2005 006124 RIVERSIDE BLUEPRINT P.W. maproom copier toner kits 570.84 570.84 103813 11/10/2005 001592 RIVERSIDE CO INFO Sep radio rental & maint: Police 741.00 741.00 103814 11/10/2005 000406 RIVERSIDE CO SHERIFFS DEPT 7/21-8117105 law enforcement 978,612.43 978,612.43 103815 11/10/2005 005842 RODECKER. ERIC ee computer purchase prgm 1.713.23 1.713.23 103816 1111012005 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 822.50 822.50 103817 1111012005 000277 S & S ARTS & CRAFTS INC misc supplies: CRC Tiny Tots 202.74 202.74 103818 11/10/2005 009196 SACRAMENTO THEATRICAL Add'l lighting for the Community Theater 784.47 784.47 103819 11/10/2005 000537 SO CALIF EDISON Nov 2-02.351.5281 CRe 4,499.92 Sep 2.19-683.3263 various mtrs 1,273.48 Nov 2-10-331-2153 TCC 882.60 Nov 2-00-987-0775 Vail Ranch 25.36 Nov 2-27-239-8876 Pechanga Pkwy 16.22 6,697.58 103820 1111012005 008280 SOFTWARE MEDIUM INC user agrmnU1 yr: Websense Enterprise 6,690.00 6,690.00 103821 11/10/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: Old Town Front SI. 84.00 pest control svcs: Old Town Front SI. 84.00 pest control svcs: T. Museum 42.00 pest control svcs: Maint Fac 40.00 pest control svcs: TCe 36.00 pest control svcs: Wedding Chapel 32.00 pest control svcs: MPSC 29.00 347.00 Page:9 apChkLst Final Check List Page: 10 1111012005 9:21:5SAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103822 11110/2005 005786 SPRINT 09/15-10/14/05 cell phone usage/equip 7,827.37 7,827.37 103823 11/1012005 000293 STADIUM PIZZA rfrshmnts: Halloween Camival1 0/28/05 205.72 rfrshmnts: Skater's Challenge 10/22105 130.11 335.83 103824 11/10/2005 008337 STAPLES BUSINESS office supplies: T. Museum 167.79 167.79 103825 11/10/2005 006145 STENO SOLUTIONS Oct transcription srvcs: Police 1,815.84 1.815.84 103826 11/10/2005 008824 SUTHERLIN CONTRACTING INC Citywide bus bench upgrd p~t PW02-17 210,691.00 210,691.00 103827 11/1012005 003449 THE SOILS COMPANY INC Soils Test Ph I/Emwd Property:Rda 1,650.00 1,650.00 103828 11/1012005 000305 TARGET BANK BUS CARO SRVCS office supplies: PW Depts 244.39 wardrobe room supplies: Community Thtr 124.90 misc supplies: Skatepark 96.33 misc supplies: Skate park 81.05 misc supplies: Children's Museum 34.44 wardrobe room supplies: Community Thtr 16.13 597.24 103829 11/10/2005 006465 TEMECULA AUTO REPAIR City vehicle repair/maint svcs: Code Enf 184.93 184.93 103830 11/10/2005 006914 TEMECULA COPIERS INC. Oct copier maintlusage: City Facilities 4,695.66 4,695.66 103831 11/10/2005 000168 TEMECULA FLOWER CORRAL Sunshine Fund 78.60 78.60 103832 11/10/2005 005412 TEMECULA GARDEN & POWER equip parts/repair svcs: PW Maint Div 181.39 repair equipment for PW Maint Div 10.00 191.39 103833 11/10/2005 004274 TEMECULA VALLEY SECURITY locksmith svcs: Community Theater 30.06 30.06 103834 11/10/2005 009376 THANKSGIVING WHATEVER INC Melissa Manchester CD Sales 10/4/05 620.77 620.77 103835 1111012005 003862 THYSSENKRUPP replace elevator valve: City Hall 1.990.00 1.990.00 103836 11/10/2005 000668 TIMMY 0 PRODUCTIONS INC stage/rental equip: Halloween Carnival 1,099.00 OJ Svcs: Skater's Challenge 10/22/05 400.00 OJ svcs: Teen Talent Show 11/5/05 250.00 1,749.00 103837 11/1012005 003715 TMT PATHWAY LLC maintenance supplies: PW Maint Div 1,874.19 1,874.19 Page:10 apChkLst Final Check List 1111012005 9:21:55AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 103838 1111012005 007766 UNDERGROUND SERVICE ALERT Nov undrgmd svcs alert tickets:PW 144.15 103839 11/10/2005 004981 UNISOURCE SCREENING & 10116-31105 background screening svcs 318.00 103840 11/10/2005 009504 UNITED SITE SERVICES OF CA fence rental: Main Street Bridge 26.40 103841 11/10/2005 004261 VERIZON Oct various phones general usage 330.68 103842 11/1012005 004279 VERIZON CALIFORNIA INC. Oct access-C. Museum phone line 651.72 Oct access-CRC phone line 352.64 103843 11/1012005 009511 WALLACE, CYNTHIA refund: Practical Yoga for Life 45.00 103844 1111012005 002109 WHITE CAP INDUSTRIES INC maintenance supplies: PW Maint Div 1,035.35 103845 11/1012005 009503 WINDSOR, HOWARD Reimb: Homeland See Cf 10/11-15/05 182.65 103846 11/10/2005 000348 ZIGLER, GAIL Reimb:Team Pace RafflefTheater items 1,030.99 Page: 11 Check Total 144.15 318.00 26.40 33Q.68 1.004.36 45.00 1,035.35 182.65 1,030.99 Grand total for UNION BANK OF CALIFORNIA: 1,569,542.79 Page:11 ITEM NO.3 Approvals City Attorney ~fZ.. Director of Finance City Manager tjtJ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Genie Roberts, Director of Finance DATE: November 22, 2005 SUBJECT: Liability Insurance Renewal PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council approve the City ofTemecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company, in the amount of $278,901 for general and excess liability insurance for the period of December 1, 2005, through December 1, 2006. BACKGROUND: The City's liability insurance policy with Clarendon America Insurance Company/Arch Specialty Insurance Company will expire on December 1, 2005.Jn preparation for the City's Liability Insurance Policy renewal staff requested that the City's insurance broker, Cal- Surance/Brown and Brown of Califomia, Inc., market the City's general liability insurance. In response to this request, Cal-Surance/Brown and Brown obtained several proposals from the following companies in the amounts listed below. These premiums have been quoted with a minimum self-insured retention (SIR) of $150,000 and range up to $250,000. $150K SIR $200K SIR $250K SIR Clarendon America Insurance Company/Arch Specialty Insurance Company General Liability $5mil/Excess Liability $5mil: 10Mil $278,901 Genesis Insurance Company General Liability $5mil $324,000 Munich American Risk Partners General Liability $5mil Not Quoted Not Quoted Not Quoted SI. PaullTravelers General Liability $5mil Excess Liability $5mil: 10Mil Not Quoted $340,548 Philadelphia Insurance Company General Liability $5millExcess Liability $5mil: 10MiI Not Quoted . Not Quoted Not Quoted Insurance Company at the State of Pennsylvania General Liability $10mil Not Quoted Not Quoted $270,000 ($500K SIR Emolovment Practices Liabilitvl Clarendon America Insurance Company, the City's insurance carrier for the current year, has an "A-" rating with a financial size category of X. Arch Specialty Insurance Company has an "A-" rating with a financial size category of'lW. This proposal by Clarendon America Insurance Company/Arch Specialty Insurance Company is coverage for $10 million per occurrence and $10 million aggregate for a fixed premium of $278,901. The total liability premium of $278,901 is broken down between general liability ($213,353) and excess liability ($65,548). This proposal covers the entire year, regardless of changes in the City's operating status. Please note, that the Insurance Company at the State of Pennsylvania provided a quote of $270,000 for $1 Omillimit, however this quote is for a policy with an SIR of $250K and a SIR of $500K for employment practices liability. As such this quote is not considered competitive with the Clarendon America Insurance Company quote of $278,901 because of the very high SIR. Considering the City's increasing exposure associated with growth and increased activities, staff recommends that the City accept the Clarendon America Insurance Company/Arch Specialty Insurance Company proposal. The below schedule of past years' general and excess liability insurance premiums are provided for your review: Premium Policy Limlis 1999 $72,750 $20 Mil 2000 $102,999 $20 Mil 2001 $140,291 $15 Mil 2002 $268,217 $10 Mil 2003 $ 279,984 $10 Mil 2004 $274,063 $10 Mii 2005 $278,901 $10Mil This liability insurance renewal is considered very favorable in light of the City's growth; specifically, the annexation of Redhawk, the Community Theater, assuming responsibility of Highway 79 South, and Harveston Lake. This annual premium amount of $278,901 is $27,099 under the Fiscal Year budgeted amount and is an increase of only 1.7% from last year's premium. Based on the infonmation provided herein, staff recommends that the City renew general liability . coverage with Clarendon America Insurance Company/Arch Specialty Insurance Company for coverage, from December 1, 2005, through December 1, 2006, for an annual premium of $278,901 with a self-insured retention of $150,000. The self-insured retention of $150,000 is at the same level as last year and is the lowest available to the City. FISCAL IMPACT: Insurance Fund. Sufficient funds have been budgeted in the. Fiscal Year 2005-06 ATTACHMENTS: Clarendon America Insurance Company/Arch Specialty Insurance . Company Proposal CLARENDON AMERICA INSURANCE COMPANY/ ARCH SPECIALTY INSURANCE COMPANY TERM: FORMAT: NAMED INSURED: . December 1, 2005 - December 1, 2006 Occurrence City of Temecula Temecula Community Services District Redevelopment Agency of the City of T emecula Winchester Hills Financing Authority Temecula Public Financing Authority SELF-INSURED RETENTION (SIR) $ 150,000 $10,000,000 (per occurrence) TOTAL LIMITS/COVERAGE CLARENDON AMERICAN INSURANCE MUNICIPAL GENERAL LIABILITY PUBLIC OFFICIAL'S ERRORS & OMISSIONS MUNICIPAL AUTOMOBILE LIABILITY EMPLOYMENT PRACTICES LIABILITY $5,000,000 Occurrence or Wrongful Act or Combination of Both $5,000,000 Aggregate for Personal Injury, Products/Completed Operations Hazard and Public Officials' Errors and Omissions Combined $ 213,353 INCLUDED INCLUDED INCLUDED ARCH SPECIALTY INSURANCE COMPANY EXCESS FOLLOWING FORM OVER (GENERAL LIABILITY, ERRORS & OMISSIONS, AND AUTOMOBilE) $5,000,000 Occurrence/Aggregate $ 65,548 TOTAL COMBINED ANNUAL PREMIUM COST .. S 278.901 ITEM NO.4 Approvals City Attorney Director of Finance fJI2.. City Manager ~ ~ CllY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Assistant to the City Manager DATE: November 22, 2005 SUBJECT: Resolution of Support for SB 621 Indian Gaming Mitigation Grant Agreement PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CllY OF - . TEMECULA, APPROVING THE AGREEMENT WITH RIVERSIDE COUNlY INDIAN GAMING LOCAL COMMUNllY BENEFIT COMMITTEE (CBe) ACCEPTING GRANT FUNDS IN THE AMOUNT OF $343,760.44 FOR ADDITIONAL POLICE PERSONNEL. 2. Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CllY COUNCIL OF THE CllY OF TEMECULA, APPROVING THE AGREEMENT WITH RIVERSIDE COUNlY INDIAN GAMING LOCAL COMMUNllY BENEFIT COMMITTEE (CBC) ACCEPTING GRANT FUNDS IN THE AMOUNT OF $2,309,343.33 FOR THE ULTIMATE IMPROVEMENTS TO THE INTERCHANGE AT 1-15/79 SOUTH BACKGROUND: The City of Temecula, for the second time in two years is the successful recipient of SB 621 Indian Gaming Mitigation grant dollars from the Special Distribution .. Fund (SDF). The SDF was established for local govemment agencies and special districts impacted by Tribal gaming to apply for such grant dollars working with and through the local tribes who are required to pay into this fund. For fiscal year 2005/06, the City of Temecula was awarded $343,760.44 to be used to offset the cost of adding eight (8) additional sworn police officers to accommodate traffic control requests, and establish a greater law enforcement presence in and around the Pechanga Resort and Casino and reservation. These officers will allow the Temecula Police Department to maintain a public safety standard both in and around the reservation property. In addition, the City ofTemecula was also awarded $2,309,343.33 to be used toward the ultimate improvements to the interchange at 1-15/79 South. The ultimate interchange improvement project proposes to replace the interim improvements by relocating the existing southbound 1-15 off ramp to SR-79 South and eliminating the non-standard intersection spacing between it and the Old Town Front StreetlSR 79 South intersection. The southbound off-ramp will be replaced with a new far side button hook off-ramp that would be paired with a new southbound 1-15 on ramp at a tee-intersection with the proposed southerly extension of Old Town Front Street. The approvai of the resolutions provides the City Council the authority to enter the City ofTernecula into a binding agreement with Riverside County for the above-mentioned grant funds. The agreement also stipulates that the funds will be used specifically for those projects in which they were awarded for. FISCAL IMPACT: of 2005. These grant dollars were received by the City of T emecula in August ATTACHMENTS: Resolutions No. 05- Agreement PE02-OS Agreement PE03-OS RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE AGREEMENT WITH RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBC) ACCEPTING GRANT FUNDS IN THE AMOUNT OF $2,309,343.33 FOR THE ULTIMATE INTERCHANGE IMPROVEMENTS TO THE INTERCHANGE AT 1-15/79 SOUTH THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain agreement entitled "Riverside County Indian Gaming Local Community Benefit Committee (CBe) Agreement Grant of Funds-Fiscal Year 2005/2006" in the amount of $2,309,343.33 for the ultimate interchange improvements to the interchange at 1-] 5/79 South. The Mayor is hereby directed and authorized to execute said Agreement in substantially the form presented to the City Council. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22'h day of November, 2005. JeffComerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] 860323.1 November 10, 2005 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, SusanW. Jones, CMC, 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 11th day of January, 2005 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 860323.1 November to. 2005 RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE AGREEMENT WITH RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE (CBe) ACCEPTING GRANT FUNDS IN THE AMOUNT OF $343,760.44 FOR ADDITIONAL POLICE PERSONNEL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain agreement entitled "Riverside County Indian Gaming Local Community Benefit Committee (CBe) Agreement Grant of Funds-Fiscal Year 200512006" in the amount of $343,760.44 for additional police personnel. The Mayor is hereby directed and authorized to execute said Agreement in substantially the form presented to the City Council. Section 4. The City Clerk shall certifY to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22th day of November, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) 860323.1 November to, 2005 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. 05-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 11th day of January, 2005 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 860323.1 November 10,2005 RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITIEE (CBC) AGREEMENT GRANT OF FUNDS - Fiscal Year 2005/2006 1 2 3 4 RECIPIENI': City of Temecula (pE03-0S) 5 The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an 6 amount not to exceed 5343,760.44 as sponsored by the Pechanga Band of Luiseno Mission Indians and certified by the Riverside County Indian Gaming Local Community Benefit Committee ("Committee"), 7 pursuant to California 2003 Senate Bill 621 Chapter 858 ("S8 621") to provide services as set forth in Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with attachments 8 thereto,) as incorporated herein by reference, subject to the following terms and conditions: . 9 10 11 12 13 14 15 16 17 IN WITNESS WHEREOF, Committee and Recipient have executed this Agi'eement. 18 Authorized Si ature for Committee: Authorized Si nature for Reci ient: 19 20 21 22 23 24 25 26 27 28 Title: Printed Name of Person Signing: ROY WIL Title: Chairman, Communi Benefit Committee Date: Date: 1 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. NOTICES All correspondence and notices required or contemplated by this grant shall be delivered to the respective parties at the addresses set forth below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: Committee: County of Riverside, Executive Office Attn: Jennifer Sargent 4080 Lemon Street, 4th Floor Riverside, CA 92501 Recioient: City ofTemecula Shawn Nelson 43200 Business Park Drive Temecula, CA 92590 Or to such other address( es) as the parties may hereafter designate. 2. SOURCE AND SCOPE OF FUNDING A. This grant award ("Agreement") is valid and enforceable only if sufficient funds are available to the Committee from the California State's Indian Gaming Special Distribution Fund for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State of California, which may affect the provisions, terms or funding of this Agreement in any manner. B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. C. The Committee retains the option to amend this Agreement to reflect any reduction of funds. D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office. 3. TERM The term oftbis Agreement shall be from July I, 2005, to and including June 30, 2006. Recipient shall perform all work and requirements as stated in Paragraph 6 (below) by June 30, 2006, however, the completion date for capital improvement projects may be extended by Committee. Recipient of multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30th of each year, however, the completion date for capital improvement projects may be extended by Committee. This Agreement shall be subject to termination by Committee immediately upon notice to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of the Agreement except by either formal amendment or certified grants on multiyear basis as expressly approved by the Committee. 4. TERMINATION 1) Termination for cause: a. Due to Default or Breach of Agreement. Upon default by the Recipient in the performance of this Agreement or material, breach of any of its provisions, Committee may, at the Committee's sole discretion, terminate this Agreement by written notice, which shall be effective upon receipt by Recipient. b. Due to State's Non-Appropriation. Termination may occur ifno funds or insufficient funds are available for payments. Termination shall be effective immediately upon written notification of a decrease or elimination of funds. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S. DEFINITIONS "Recipient" means any city, county, or special district to which an Agreement is awarded and which shall be accountable to the Committee for the use of funds provided. 6. SCOPE OF WORKIPERFORMANCE AND REOUlREMENTS OF RECIPIENT A. Incorporation by Reference ofthe Application Submission of Recipient. The application submission of Recipient is hereby incorporated by reference to the extent that the application has not been altered or amended by the provisions of Attachment A hereto. B. Requirements per S.B. 621. (1) Recipient shall not use any part of this grant money for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any moneys not yet used shall again be made available for qualified nexus grants. (2) Recipient shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant is derived. For Recipients of the 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County paying tribes shall be credited on such public notice, in addition to the Tribe to which application was made. 7. REIMBURSEMENT OF FUNDS Notwithstanding any other provision herein, upon request of the Committee, Recipient agrees to fully reimburse any and all funds received from the State Controller's Office where such funds are not or have not been utilized by Recipient, as determined by the Committee, for the purpose intended by SB 621. The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or the State. 8. FISCAL AUDIT. REPORT AND RECORDS A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A template for the quarterly financial report will be provided to recipient. Quarterly financial reports shall be submitted to the Committee on: October 17, 2005; January 16, 2006; April 17, 2006; July 17,2006. B. Every Recipient of funds shall provide the Committee a copy of their annual financial audit covering the fiscal year in which funds are received or services provided, pursuant to this Agreement. Such audit shall be performed by an independent auditor, using generally accepted accounting principles. C. Every Recipient of funds shall provide the Committee an annual report of services performed through the use of the grant funds. This report shall contain all information required to enable the Committee to perform its duties. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. The financial audit and report of services performed shall be submitted to the Committee Chairperson, or designee, on or before August 31, 2006. D. The Committee reserves the right to conduct its own audit pertaining to the use of grant moneys by the Recipient. E. Every three years the State Auditor shall conduct an audit regarding the allocation and use of Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully cooperate with this audit and shall provide all requested information and/or documentation. F. Recipient shall retain such reports and all records associated with this Agreement for at least five (5) years following the close of the fiscal year for which this Agreement is in effect or until any County, State or Federal audit(s) is/are completed, whichever is later. This obligation is not terminated upon termination of this Agreement, whether by recession or otherwise. Recipient agrees to require any subcontractors to retain all records associated with the Agreement for the same time period. G. Books and records shall be maintained in accordance with general accounting standards for books and record keeping. 9. PUBLIC DISCLOSURE OF DOCUMENTS Recipient acknowledges and agrees that information, communications, and documents given by or to the Committee, and meetings involving Committee members or staff may be subject to applicable law on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the Committee in order that it may fully comply with the requirements of such laws and regulations. 10. GOVERNING LAW AND VENUE A. This Agreement and its construction and interpretation as to validity. performance and breach shall be construed under the laws of the State of California. In the event any provision in this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. B. The provision of the Govemment Claims Act (Government Code Section.900 et seq.) must be followed, first, for any disputes under this Agreement. C. All actions and proceedings arising in connection with this Agreement shall be tried and litigated exclusively in state or federal (if permitted by law and a party elects to file an action in federal court) courts located in the County of Riverside, State of California. 11. SUBCONTRACTOR FOR WORK OR SERVICES A. Committee does not recognize subcontractors under this Agreement. Committee holds Recipient solely responsible for the performance of all duties and obligations under this Agreement. Recipient agrees and understands. that Committee does not enter into, or assume any legal relationship with any subcontractor of Recipient for performance under this Agreement. Recipient agrees to remedy any and all breaches of any agreements with any subcontractor, and further agrees that Recipient may not look to Committee for any payment, liability, or assistance in the. remedy of any actual or alleged breach. B. Any and all subcontractor(s) shall conform to all. requirements of the Committee and any Agreement between the Recipient and Committee. Copies of subcontractor agreements between participating third parties, if any, and Recipient, shall be submitted to the Committee within 30 calendar days from the start date of the Agreement. . . .4 1 2 3 4 5 6 7 8 9 .10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. An organizational chart should be provided by Recipient, for any' new Agreement term, illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor permits, employee licenses or business, state and/or clinic licenses shall be on file with the Recipient in order for the subcontractor to perform the proposed services. Subcontractor agreements shall be updated each Agreement term. 12. INDEPENDENT CONTRACTOR It is understood and agreed that Recipient is an independent contractor and that no relationship of employer-employee exists between the Recipient and Committee. Neither Recipient, nor Recipient's officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the Committee for any cost or expense the Committee may incur as a result of any claim wherein the claimant alleges any employee / employer relationship exists between the Claimant and the Committee. 13. INDEMNIFICATION Recipient shall indemnify and hold hannless the Committee from any liability whatsoever, including but not limited to, property damage, bodily injury, or death, based or asserted upon any services of Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the Committee in any claim or action based upon such liability. With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at their sole cost, have the right to use cOWlSel of their choice and shall have the right to adjust, settle, or compromise any such action or chum without the prior cOnsent of Committee; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Recipient's indemnification to the Committee as set forth herein. Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the appropriate form of dismissal relieving the Committee from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims, In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the Recipient from indemnifying the Committee to the fullest extent allowed by law. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 14. INSURANCE Without limiting or diminishing the Recipient's obligation to indemnitY or hold the Committee harmless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage during the tenn of this Agreement. A. Workers' Comnensation: If the Recipient has employees as defined by the State of California, the Recipient shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servanll Alternate Employer Endorsement. B. Commercial General Liabilitv: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, cross liability coverage and employment practices liability, covering claims which may arise from or out of Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence lirnit. C. Vehicle Liabilitv: If Recipient's vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then Recipient shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured. D. General Insurance Provisions - All lines: 1) 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 A: VIII (A:8) unless such requirements are waived, in writing, by Riverside 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. 2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self-insured retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such deductibles andlor retentions shall have the prior written consent of the County of Riverside's Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention's unacceptable to the Committee, and at the election of the Country's Risk Manager, Recipient's carriers shall either; 1) reduce or eliminate such deductibles or self-insured retention's as respects this Agreement with the Committee, or 2) procure a bond which guarantees payment ofIosses and related investigations, claims administration, and defense costs and expenses. 6 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) Recipient shall cause Recipient's insurance carrier(s) to furnish the County of Riverside with either I) a properly executed original Certificate(s) ofInsurance and certified origina1 copies of Endorsements effecting coverage as required herein, and 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 ofinsurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the Committee 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 set forth herein and the insurance required herein is in full force and effect. Recipient shall not commence operations until the Committee has been furnished original Certificate( s) of Insurance and certified original copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for each policy and the Certificate of Insurance, 4) It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self- insured programs shall not be construed as contributory. . 5) Recipient shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 6) The inSurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the Committee. 7) Recipient agrees to notifY Committee of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 15. ASSIGNMENT This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written consent of Committee, as approved and authorized by formal action of the Committee. 16. ALTERATION AND/OR AMENDMENT No alteration, amendment, or variation of the terms of this Agreementshall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Only the Committee, by formal action, may authorize any alteration or revision to this Agreement on behalf of the Committee. The parties expressly recognize that individual Committee members, advisory committee members, or staff to the Committee is without authorization to either change or waive any requirements of this Agreement. without formal action of the Committee. . 7 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 17. WAIVER AND SEVERABILITY Any waiver by Committee of any breach of anyone (1) or more terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same term of any other term herein. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 18. OFFICIAL DOCUMENTS Upon the Agreement approval by the Committee, one (1) completed set of this docwnent will be sent to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the approved project. 19. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and all prior or contemporaneous Agreements of any kind of nature relating to the same shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by the provisions of the section entitled "Alteration and/or amendment" herein. 20. CERTIFICATION OF AUTHOIDTY TO EXECUTE THIS AGREEMENT Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any attachments hereto. ]4 15 16 17 18 ]9 20 2] 22 23 24 21. COMPLIANCE WITH LAW Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in force or which may hereafter be in force with regard to this Agreement. The judgment of any court of competent jurisdiction, or the admission of Recipient in any action against Recipient, whether Committee is a party thereto or not, that Recipient has violated any such ordinance or statute, shall be conclusive of that fact as between Recipient and Committee. 22. CONFLICTS IN INTERPRETATION. In the event of conflict in interpretation by the parties of the provisions contained in the nwnbered sections of this Agreement and the provisions contained in the Attachments hereto, the provisions of the nwnbered sections of this Agreement shall prevail over those in Attachments hereto. 8 , 1 2 3 4 ., 5; 6 7 8 9 10. 11 . . 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A: SCOPE OF WORKIPERFORMANCE TARGET OUTLINE l}Yl!-d.~JIl€lal'l~lidltlonat ~lg11t (8) .swqm Qfflcer;s,lheGlty of TtlmeQI:lIa Police IDllparlmenl WIll '!;l.e.~Uilft~aapPFOP/!i;;lteJytClaCCOmm(il~ate lraffiecorit<<ll' req.l.lests, and establish a greater law imfQrcement presence in and around the Pechanga Resort & Casino and reservation. These officers wfll allow the Temecula Police Department to maintain a public safety standard both in and around the reservation property, The saf~ty of thos~ traveling to and i{rqT,tJ;l,llC<lS~O as well ;;IS the n~.sidentsthatlive near the property can and will b~ ;"8m'I1im'~:dWltfl'thll addItion oHheseofflcers. .' '. 9 RIVERSIDE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMlITEE (CBC) AGREEMENT GRANT OF FUNDS - Fiscal Year 2005/2006 1 2 3 4 RECIPIENT: City of Temecula (PE02-0S) 5 The local jurisdiction designated above ("Recipient") is hereby approved for a grant of funds in an 6 amount not to exceed $2,309,343.33 as sponsored by the Pechanga Band of Luiseno Mission Indians and certified by the Riverside County Indian Gaming Local Community Benefit Committee 7 ("Committee"), pUrsuant to California 2003 Senate Bill 621 Chapter 858 ("SB 621") to provide services as set forth in Attachment A (attached hereto and in the Application Form for fiscal year 2005/06, with 8 attachments thereto,) as incorporated herein by reference, subject to the following terms and conditions: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, Committee and Recipient have executed this Agreement. Authorized Si ature for Committee: Authorized Si ature for Reci ient: Prin Printed Name of Person Signing: Title: Chairman, Communi Benefit Committee Date: Date: 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. NOTICES All correspondence and notices required or contemplated by this grant shall be delivered to the respective parties at the addresses set forth below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: Committee: County of Riverside, Executive Office Attn: Jennifer Sargent 4080 Lemon Street, 4th Floor Riverside, CA 92501 ReciDient: City ofTemecula William Hughes 43200 Business Park Drive Temecula, CA 92589 Or to such other address( es) as the parties may hereafter designate. 2. SOURCE AND SCOPE OF FUNDING A. This grant award ("Agreement'') is valid and enforceable only if sufficient funds are available to the Committee from the Califomia State's Indian Gaming Special Distribution Fund for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State of Califomia, which may affect the provisions, terms or funding of this Agreement in any manner. B. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. C. The Committee retains the option to amend this Agreement to reflect any reduction of funds, D. The grant funds shall be disbursed directly to the Recipient by the State Controller's Office, 3. TERM The term of this Agreement shall be from July 1,2005, to and including June 30,2006. Recipient shall perform all work and requirements as stated in Paragraph 6 (below) by June 30, 2006, however, the completion date for capital improvement projects may be extended by Committee. Recipient of multi-year grants shall also perform all work and requirements as stated in Paragraph 6 by June 30th of each year, however, the completion date for capital improvement projects may be extended by Committee. This Agreement shall be subject to tennination by Committee immediately upon notice to the Recipient. Funds shall not be automatically renewed by Committee upon or after the term of the Agreement except by either formal amendment or certified grants on multiyear basis as expressly approved by the Committee. 4. TERMINATION 1) Termination for cause: a. One to Default or Breach of Agreement. Upon default by the Recipient in the performilnce of this Agreement or material breach of any of its provisions, Committee may, at the Committee's sole discretion, terminate this Agreement by written notice, which shall be effective upon receipt by Recipient. b. Due to State's Non-Appropriation. Termination may occur if no funds or insufficient funds are available for payments. Termination .shall be effective immediately upon written notification of a decrease or elimination of funds. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. DEFINITIONS "Recipient" means any city, county, or special district to which an Agreement is awarded and which shall be accountable to the Committee for the use of funds provided. 6. SCOPE OF WORKJPERFORMANCE AND REQUIREMENTS OF RECIPIENT A. Incorporation by Reference ofthe Application Submission of Recipient. The application submission of Recipient is hereby incorporated by reference to the extent that the application has not been altered or amended by the provisions of Attachment A hereto. B. Requirements per S.B. 621. (1) Recipient shall not use any part of this grant money for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the state, and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the county by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall tenninate immediately and any moneys not yet used shall again be made available for qualified nexus grants. (2) Recipient shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant is derived. For Recipients of the 20% discretionary grants from non-SDF-paying tribes, a list of all Riverside County paying tribes shall be credited on such public notice, in addition to the Tribe to which application was made. 7. REIMBURSEMENT OF FUNDS Notwithstanding any other provision herein, upon request of the Committee, Recipient agrees to fully reimburse any and all funds received from the State Controller's Office where such funds are not or have not been utilized by Recipient, as detennined by the Committee, for the purpose intended by SB 621, The terms and conditions of reimbursement shall be the sole discretion of the Committee and/or the State. 8. FISCAL AUDIT. REPORT AND RECORDS A. Every Recipient of funds shall provide the Committee a copy of a quarterly financial report. A template for the quarterly financial report will be provided to recipient. Quarterly fmancial reports shall be submitted to the Committee on: October 17,2005; January 16,2006; April17, 2006; July 17,2006. B. Every Recipient of funds shall provide the Committee a copy of their annual fmancial audit covering the fiscal year in which funds are received or services provided, pursuant to this Agreement. Such audit shall be performed by an independent auditor, using generally accepted accounting principles. C, Every Recipient of funds shall provide the Committee an annual report of services performed through the use of the grant funds. This report shall contain all information required to enable the Committee to perform its duties. . 3 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .24 25 26 27 28 D. The financial audit and report of services performed shall be submitted to the Committee Chairperson, or designee, on or before August 31, 2006. D, The Committee reserves the right to conduct its own audit pertaining to the use of grant moneys by the Recipient. E, Every three years the State Auditor shall conduct an audit regarding the allocation and use of Indian Gaming Special Distribution Fund moneys by the Recipient. Recipient shall fully cooperate with this audit and shall provide all requested information and/or documentation. F. Recipient shall retain such reports and all records associated with this Agreement for at least five (5) years following the close of the fiscal year for which this Agreement is in effect or until any County, State or Federal audit(s) is/are completed, whichever is later. This obligation is not terminated upon termination of this Agreement, whether by recession or otherwise. Recipient agrees to require any subcontractors to retain all records associated with the Agreement for the same time period. G. Books and records shall be maintained in accordance with general accounting standards for books and record keeping, 9. PUBLIC DISCLOSURE OF DOCUMENTS Recipient acknowledges and agrees that information, communications, and documents given by or to the Committee, and meetings involving Committee members or staff may be subject to applicable law on public disclosures and/or public meetings. Recipient shall use its best efforts to cooperate with the Committee in order that it may fully comply with the requirements of such laws and regulations. 10. GOVERNING LAW AND VENUE. A. This Agreement and its construction and interpretation as to validity, performance and breach shall be construed under the laws of the State of California. In the event any provision in this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. B. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be followed, first, for any disputes under this Agreement. C. All actions and proceedings arising in colUlection with this Agreement shall be tried and litigated exclusively in state or federal (if permitted by law and a party elects to file an action in federal court) courts located in the County of Riverside, State of California. 11. SUBCONTRACTOR FOR WORK OR SERVICES A. Committee does not recognize subcontractors under this Agreement. Committee holds Recipient solely responsible for the performance of all duties and obligations under this Agreement. Recipient agrees and understands that Committee does not enter into, or assume any legal relationship with any subcontractor of Recipient for performance under this Agreement. Recipient agrees to remedy any and all breaches of any agreements with any subcontractor, and further agrees that Recipient may not look to Committee for any payment, liability, or assistance in the remedy of any actual or alleged breach. B. Any and all subcontractor(s) shall conform to all requirements of the Committee and any Agreement between the Recipient and Conimittee. Copies of subcontractor agreements between participating third parties, if any, and Recipient, shall be submitted to the Committee within 30 calendar days from the start date of the Agreement. . 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. An organizational chart should be provided by Recipient, for any new Agreement term, illustrating the roles and responsibilities of each subcontractor. Copies of all subcontractor permits, employee licenses or business, state and/or clinic licenses shall be on file with the Recipient in order for the subcontractor to perform the proposed services. Subcontractor agreements shall be updated each Agreement term. . 12. INDEPENDENT CONTRACTOR It is understood and agreed that Recipient is an independent contractor and that no relationship of employer-employee exists between the Recipient and Committee. Neither Recipient, nor Recipient's officers, agents, employees or subcontractors shall be entitled to any benefits payable to employees of Committee, including Worker's Compensation. Recipient agrees to indemnify and hold harmless the Committee for any cost or expense the Committee may incur as a result of any claim wherein the claimant alleges aily employee / employer relationship exists between the Claimant and the Committee. 13. INDEMNIFICATION Recipient shall indemnify and hold harmless the Committee from any liability whatsoever, including but not limited to, property damage, bodily injury, or death, based or asserted upon any services of Recipient, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement and Recipient shall defend at its sole expense and pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the Committee in any claim or action based upon such liability. With respect to any action or claim subject to indemnification herein by Recipient, Recipient shall, at their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of Committee; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Recipient's indemnifi.cation to the Committee as set forth herein. Recipient's obligation hereunder shall be satisfied when Recipient has provided Committee the appropriate form of dismissal relieving the Committee from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall in no way limit or circumscribe Recipient's obligations to indemnify and hold harmless the Committee herein from third party claims. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the Recipient from indemnifying the Committee to the fullest extent allowed by law. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. INSURANCE Without limiting or diminishing the Recipient's obligation to indemnify or hold the Committee hannless, Recipient shall procure and maintain or cause to be maintained, at its sole cost and expeuse, the following insurance coverage during the term of this Agreement. A. Workers' Compensation: If the Recipient has employees as defined by the State of California, the Recipient shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the Committee, and, if applicable, to provide a Borrowed Servant! Alternate Employer Endorsement. B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, cross liability coverage and employment practices liability, covering claims which may arise from or out of Recipient's performance of its obligations hereunder. Policy shall name the Committee as an Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the' occurrence limit. C. Vehicle Liability: If Recipient's vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then Recipient shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the Committee as an Additional Insured. D. General Insurance Provisions - All lines: I) 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 A: VIII (A:8) unless such requirements are waived, in writing, by Riverside County Risk Manager. If the COWlty'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, 2) The Recipient's insurance carrier(s) must declare its insurance deductibles or self-insured retentions. If such deductibles or self-insured retentions exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior written consent of the COWlty of Riverside's Risk Manager before the commencement of operations under this Agreement. Upon notification of deductibles or self insured retention's Wlacceptable to the Committee, and at the election of the Country's Risk Manager, Recipient's carriers shall either; I) reduce or eliminate such deductibles or self-insured retention's as respects this Agreement with the Committee, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. . 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) Recipient shall cause Recipient's insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 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) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the Committee 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 set forth herein and the insurance required herein is in full force and effect. Recipient shall not commence operations until the Committee has been furnished original Certificate(s) ofInsurance and certified original copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so, on its behalf, shall sign the original endorsements for each policy and the Certificate ofInsurance, 4) It is understood and agreed to by the.parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the Committee's insurance and/or deductibles and/or self-insured retentions or self- insured programs shall not be construed as contributory. 5) Recipient shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 6) The.insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the Committee. 7) Recipient agrees to notify Committee of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement. 15. ASSIGNMENT This Agreement shall not be assigned by Recipient, either in whole or in part, without prior written consent of Committee, as approved and authorized by formal action of the Committee. 16. ALTERATION AND/OR AMENDMENT No alteration, amendment, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Only the. Committee, by formal action, may authorize any alteration or revision to this Agreement on behalf of the Committee. The parties expressly recognize that individual Committee members, advisory committee members, or staff to the Committee is without authorization to either change or waive any requirements of this Agreement without formal action of the Committee. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. WAIVER AND SEVERABILITY Any waiver by Committee of any breach of anyone (1) or more terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the Same term of any other term herein. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 18. OFFICIAL DOCUMENTS Upon the Agreement approval by the Committee, one (1) completed set of this document will be sent to the Recipient. Such copy shall be the officially approved Agreement for the conduct of the approved project. 19. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and all prior or contemporaneous Agreelllents of any kind of nature relating to the same shall be deemed to be merged herein. Any modifications to the terms of this Agreement shall be by the provisions of the section entitled "Alteration and/or amendment" herein. 20. CERTIFICATION OF AUTHORITY TO EXECUTE TillS AGREEMENT Recipient certifies that the individual signing herein has authority to execute this Agreement on behalf of Recipient, and may legally bind Recipient to the terms and conditions of this Agreement, and any attaclunents hereto. 21. COMPLIANCE WITH LAW Recipient shall, at its sole cost and expense, comply with all County, State, and Federal law now in force or which may hereafter be in force with regard to this Agreement. The judgment of any court of competent jurisdiction, or the admission of Recipient in any action against Recipient, whether Committee is a party thereto or not, that Recipient has violated any such ordinance or statute, shall be conclusive of that fact as between Recipient and Committee. 22. CONFLICTS IN INTERPRETATION In the event of conflict in interpretation by the parties of the provisions contained in the numbered sections of this Agreement and the provisions contained in the Attaclunents hereto, the provisions of the numbered sections of this Agreement shall prevail over those in Attaclunents hereto. 8 I 2 3 A 5 6 7 8 9 10 II 12 13 ATTACHMENT A: . SCOPE OF WORKJPERFORMANCE TARGET OUTLINE ,Jm: 1Q9Ej, th~ '~iyersi~eQp~l\ty Tfansp~lililn;/i)epartmentlllol1'1pleled. intetimiQtercli1amge ',improvements at Interstate 15 and Highway 79 South to accori1modatethe roadway ~roprovements' along State Route 79 South. The interim improvements were allowed to move forward as a non-standard intersection between the southbound 1-15 ramp/SR 19 $puth intersections and the Old Town Front StreeUSR-79 South intersection based on ~ltimate improvements proceeding within the next 5-10 years. However, the progressive :itJcp.anSlon of the. Pechanga Resort and Casino facilities will result In traffic volum~s ~tf1at exceed the capacity of the Interim improvements. Caltrans has Identified tltiS :/fflsI9n deficiency as unacceptable and have demanded that the ultimate Interchange 4rpprovenients be pursued. . .. ~e Interstate 15/State Route 79 South Ultimate Interchange Improvement Project propo~ '!R replace the interim improvements by relocating the existing southbound 1-15 off ramp to '~R-79 South and eliminating the non-standard intersection spacing between it and the Old lfPwnFront StreeUSR-79 South intersection. The southbound off-ramp will be replaCed With :~ new far side buttonhook off-ramp that would be paired with a new southbound 1-15 on .t~mp at a. tee-interseclionwith the proposed southerly extension of Old Town Front Street. . Off-RamD Structure The project will require construction ofa new 14. southbound 1-15 off ramp structure over SR-79 South. The proposed off-raril1p separation is proposed to be a separate 56.30 m long, single-span casi-in-place/Pte- 15 stressed box girder structure. The 46-degree skew matches that of the adja~nt mainline structures. . . . 16 17 18 19 20 21 22 23 24 2S 26 27 28 ".j . Structure SDan Lenath A single-span configuration was chosen to avoid placement of any columns within the median of SR-79 South. which would resti:i:Ct . future striping configuration. The proposed span length provides for alignment of the new abutment wall faces with those of the adjacent existing retaining walls in front.of the mainline structures' abutments. The resulting "c1osedcend" abutment style is determined to be the only practical way to accommodate a single span and the proposed off-ramp profile. . Falsework Considerations. Falsework openings of up to 15.6 mwide will!!ie provided. Falsework spans in this range typically require falsework depths of 1Qq:5 mmforthe assumed 2.2 m structure depth. The proposed off ramp prq~ll:l . accommodates these depths and the required temporary miniri1umvertical c1eararl~ of 4.6' m. The proposed structure configuration and falsework openi~S:lil accommodate two-3.3 m lefttum lanes and two-3.3 m through lanes on westbouJitd SR.79 ~,uth andtwo-3.S m thRil!;!ghlanes on eastlaound ~79 south'dt.l(j~ cWt1$.lt\:J.~~Qn. ,., . '. . . .' '. .... ., '. 9 ITEM NO.5 Approvals City Attorney Director of Finance City Manager ~ i:JI!... ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Jim Domenoe, Chief of Police DATE: November 22, 2005 SUBJECT: Construction Agreement and Lease Extension for the Mall Police Storefront PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDA 1l0N: That the City Council: 1. Approve a contract with Royal Pacific Construction, Inc. in the amount of $235,887 plus a 10% contingency of $23,589 for the construction of the Police Storefront at the Promenade Mall, contingent upon an executed lease agreement with Forest City. 2. Approve the First Amendmentto License Agreement (City ofTemecufa Police Sub- Station at the Promenade in Temecula) with Forest City Enterprises, which increases the remaining storefront lease time by five additional years. 3. Approve the First Amendment to Amended and Restated Agreement for Partial Funding of Police Services by and Between the City of Temecula and Towne' Center. Associates, L.P. 4. Approve an appropriation of $169,476 from Development Impact Fees, Police Facilities. BACKGROUND: On August 17, 2005 the City of Temecula invited proposals from seven (7) Promenade Mall designated contractors for the construction of the Police Storefront. A mandatory site visit was conducted on August 25th with prospective contractors, Promenade Mall personnel and City Staff. On September 20,2005 two proposals were filed in response to the RFP. Royal Pacific Construction, Inc. submitted the lowest bid at $235,887. Rizzo Construction, Inc. submitted a proposal of $307,577. On September 28th, City Staff and the City retained Architect, Walt Allen, met with Royal Pacific Construction, Inc. to review the proposal and discuss the details of the project and the estimated time of construction, which is estimated to be 7 to 8 weeks. Both of these construction bids were higher than was previously budgeted due to the fact that early estimates were based on preliminary construction drawings. The two recent bids were developed based on final design plans which were drawn by the City-retained architect and approved by the Promenade Mall. In addition, due to the increase in new construction throughout the region, construction costs have risen considerably. In order to ensure that the City investment in a Police Storefront facility will be protected, it was decided to increase the initial five year lease term with the Promenade Mall. The City Attorney has drafted an amended lease agreement and Forest City is agreeable to extend its lease for an additional five years. The original annual lease arrangement remains unchanged, with the term increased an additional five years. In the event that Forest City Enterprises wishes to change the location of the Police Storefront, it will be done at their expense. The primary purpose of this Poiice Storefront will be to provide law enforcement services to the community while supporting businesses in and around the mall. The project will consist of tenant improvements to the southerly portion of the first floor of the existing two-story shell building near Macy's (see attached map). Maximum occupancy of the space will be for 38 people within a 1,748 square foot location. The main reception area will include a wheelchair accessible front counter and public waiting area. There will be two enclosed offices with a main conference/training room and open report writing area. To the rear of the storefront will be two wheelchair accessible restrooms and an open locker area. A mezzanine storage area will be located above the east section of the office. This facility will house four sworn officers, three part time clerical support personnel and three Community Support Officers. It will also serve as the main office of the Temecula Citizen Corps (TCC). Operating hours will include evenings and weekends and Police Services will be provided whenever the mall is open - generally 10am - 9pm. FISCAL IMPACT: The Police Storefront project was included in the 2005/06 CIP budget in the amount of $180,000. An additional appropriation of $169,476 contained in this City Council Action, is necessary to complete this project for a total budget of $349,476. ATTACHMENTS: Agreement with Royal Pacific Construction, Inc. First Amendment to License Agreement (City of Temecula Police . Sub-Station at the Promenade in Temecula) First Amendment to Amended and Restated Agreement for Partial Funding of Police Services By and Between the City of Temecula and Towne Center Associates, L.P. Project Description Page with map of Storefront Location Mall CIP Budget CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN THE CITY OF TEMECULA AND ROYAL PACIFIC CONSTRUCTION, INC. THIS CONSTRUCTION CONTRACT, made and entered into as of November 22, 2005 by and between the City of Temecula, and Royal Pacific Construction, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term. This Agreement shall commence on November 22,2005 and shall remain and continue in effect until May 31, 2006 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall construct and install all ofthe work described in the Scope of Work, attached hereto and incorporated herein as ExhibitA. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 3 . COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of Two Hundred and Thirty Six Thousand, Eight Hundred and Eighty Six Dollars ($235,886) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A or B is null and void and not part of this Agreement. 4. PERFORMANCE. Contractor shall at all time 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. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement. Change orders exceeding these limits shall be approved by the City Council. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submitto 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 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 paymeni. 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District 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. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (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. 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. 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 ScoDe 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 borro,wed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contracto~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 District, 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. 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 District. f. Verification of Coveraae. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. g. 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." 13. PERFORMANCE AND LABOR MATERIAL BONDS. Prior to commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a Labor and Materials Bond in the amount of the Contract from a surety acceptable to the City. 14. TIME OF THE ESSENCE. Time is of the essence in this Contract. 15. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, 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 City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 16. LEGAL RESPONSIBILITIES. The Contractor shall keep itself infonmed 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. 17. 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 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. 18. 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. 19. 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. 20. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. INSPECTION. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 23. 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. 24. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Royal Pacific Construction, Inc. 4011 Avenida de la Plata, Suite 301 Oceanside CA 9205 Attention: Mike Day 25. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent ofthe City. 26. LICENSES. At all times during the term ofthis 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. 27. GOVERNING LAW. The City and Contractor understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of T emecula. 28. PROHIBITED INTEREST. No officer, or employee ofthe City ofTemecula 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. 29. 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. 30. 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. 1/1/ 1/1/ IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and year first above written. CITY OF TEMECULA By:____________________________ Jeff Comerchero, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Royal Pacific Construction, Inc. 4011 Avenida de la Plata, Suite 301 Oceanside CA 9205 Attention: Mike Day Phone (760) 421-4000 Fax (760) 421- 1560 By:_____________________________ Name: Title: By:_____________________________ Name: Title: (Two signatures of corporate officers required) EXHIBIT A SCOPE OF WORK The project will consist of tenant improvements to the southerly portion of the first floor of the existing two-story shell building. Maximum occupancy of the space will be for 38 people within a 1748 square foot location. The main reception area will include a wheelchair accessible front counter and public waiting area. There will be two enclosed offices with a main conference/training room and open report writing area. To the rear of the office will be two wheelchair accessible restrooms and an open locker area. A mezzanine storage area, not to exceed 100 PSF will be located above the east section of the office. The front display of the storefront will include a built-in cabinet to house a plasma screen display unit and a wall mounted display case. Built-in floor and ceiling cabinets will be located in the main hallway adjacent to the conference room and within the conference room next to a small counter and refrigerator. Work will be performed in accordance with attached proposal from Royal Pacific Construction, Inc. CONsr ~'""OO ro, 200~ City ofTtm~('.,I;lJ City Ch:rk/nirec:rn (7lf !;Uflpr.t1 ServicC!li 4;2(') BuslllCSS Pulr. DIIY< Tt1Ue<ub, CA 92590 T~ 'I'o'hl1lll11 fdJ,y f.:OOOml: 111111'01: yau k-: th:l: OPl"tMtu:nit),' t.~ I',t:'.\.idll! nil Mtiln~ Ftwtbt: .r.i':}o r.fTfIIlIecmln Pt1~ie('l . D>porlmeJ>t R()y31l'~m. lOllSllUctloo is a ~nml ~ootr.Kling \Xnplll1)' \\'iJb ~.ise .in clm<l:ooti<>J1 '''''''~em.:11l. new """~1ructil'l!. mllanl ...p:m'~Il>(Ol1 and ~I~ ..04;. ll.v!';d I'""in~ ,"",vi.Jc. rur joc. .uitlib .mi.... l.VttIp~lili,,, pricinj; lIlId ;rolbs[.;mz:l wolt:mDIlsh:p. 1{\J~\'.lI'll~ih ",u"'ll~d (il[l~ or Ql,...,:rnoliua 1_ Ltil> prujo,,1 is uprt'U1<. 7-~ ,.' ",ook;, A mer;: dCllilo~ <:cnSUUCII,on sdlcdulc will b, p"'v!ch:C upon f1I.lIIe'i1. Royal P,cilic ulC41hc fullowi.:l,lllubc(mIlUlo.1r; fu1 Cl\lr biddins ~rw;ss: c........<\" .....c-.-.,. JlawVu-v ....IliIlINa ~U"A '-rill.. T.::ft" "'elr . D90n .....(.'0*11(,0" 'roN .HdITlI "lad....' GldllU~... RItm tildp' n",..-r 'h~"..11P!1tr]1Iftll 11MIi:Mltfm,r "~1{'."'8 n..N1Il ~n F1~"""1: !i~... ..... 'Jlldld1.iu hlMtllf Sp<<i"hi.D: AJ (\.dndiI. 5llmatiat nnlMIt ~tPltlllbln! AthoJU1:, h:=ll1&]II1.d'..,~ U'W.W JlIIr.M~1 ~r" LIIItJtr,l(korcItlul n~~lfrtJ Dldr.ou R.i.N'__ri n.r:M.....'... M':ll."bPlla _....k JdII1 RUIUID. 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P IQIlI 4 8$\1 1M rccnl'Bl1lIIt8 roan eEllIRG "'1)') :noo.4 1n,.,l:JIkJn ~DQdt:flno dcr.1::-.l11G WlI!!;, tdhr.....(lll'"! 'MI1l$ a. l'lf -.ft. ~JyJ ESTIl:MIlIl' -. /.ItIlAWtwJ' I. I2,U7.B7 $J,B7!:i.GD n~ ..i~ritod S7, QIlO.OD $tcO,W $<llD.OO :'01":.:0: flit 1 '2.5()~.OO flOG.DO ,000.00 IUQO.D~ Iflcta icoIble- $1 (h. ~D.OO ,- . $'.200.00 $1,QOO.GD !B,2~.GD S1,400.IlO =a1L2 . 411" _n"" ... "PI"",alt.~l":>oo;or"'(lo. CA_f7~.<r-v.OQ F..,uI:'oHl' Co. 110 ~ 1.>13 . ROYAL PACIFIC CONSlRucnON. INC. IPREUMINARY OOST BREAKDOWN DA.Jt: (jClpleml:ler:ZO. Z:O!i CUBIT, I:1lyDf_"_llIrjlf ....OO~E'Xl; PO 8.. __0 err": '1l1!l111eCula,. CA MA9 . I'ROJEC.T: C/or of "'m..ota -co II.". .DDRESll; """".n'~'llIIn - .""" 11m1 CIlY. T_, "" 81l1B1 COST cape I 'OOll GENERAL COlCllllON$ 'lase 5 InsIlMn~ '31Ener"Id'I'J. WOftml!d~ ctIlIIp ill. 1IUt"'ln$ur.!tnoe:. 102C.4 ""of~ Bond (builli"' .1I..........0r'IItl '2,;IU,4 MeCIlIII\I::;lI, Ellloln...... 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'111_\ 17000 TIlER/oW.. & <<bIsTURE PItO.o.C ,1(101 7200.4lnwllrUon ~ccrlrarenC8 rocm C6t1lR(jj ~I)') f2OO.4 kt!.u~tan ~madlno dl:r."*"Ina WAIl!t, tdhr......(I11'"1 'mill$ & ~:ft. ~Jg..'1 EST t: Mill. 1.11/) AMOlIWT I. $2,e~7 .87 $J,D7!i.{]D nlll ..i~ritod $7,D_ Sf/lo.oo ~1"X1 !:/:.~Rll1 12.~O.OO UOO.OO I $2,000.00 IODO.DD nets ic:tbl~ $"I l;WO.OO ,- . ".100.00 $l,Doo./10 "',250.00 Sl,4OC1.t1O 1 ;pQ0.lI0 .see al...2 . 4CI" _nld; <Ill "PI;!loalo.~I"'~"'(lo. CA_ f7iJO)4~I..v.qD F..,uI.'oO&>' Ctl. "" ~ '1." 3 . ROYAL PACIFIC CONSTRUCTION, INC. IPIU!UMINARY COST BREAKDOWN OAK: Oeplernber m. :n:os cUBlr: C1ly at__ Po/fftIllfI;f "'CD~I;'Xl; f'O Box 8tH:1~ C rr'l": '1l91MCala,. CA HU! . f'RO.JEc:T: eN.- "" r.m..ufa _c. D"fll .DOREs&; I'Iom,n'd,1\IaII - ...... III7G CIlY. T_, CA ..1tI lIDST CCIlJ.Ii' 1100() GENERAL COfC)ITIOr~$ 'IOK!Ii IMIIMnCli {DEneAt IdlrJ. WI1Itm.et1s ceu... &1IUfr. InEiuranoe; 102l:.. p,,!fDlllY'\Cll B..... 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(".A 1.le, ElIll!"I410 EXHIBIT B SCHEDULE OF PAYMENT Description Estimated Cost Storefront Construction General Conditions $22,522.87 Site Work $2,600.00 Concrete $1,800.00 Metals $800.00 Wood $10,150.00 Thermal & Moisture Protection $3,685.98 Doors and Windows $14,610.00 Finishes $67,138.00 Specialties $2,900.00 FurnishinQs $1,000.00 Mechanical and PlumbinQ $48,350.00 Electrical $29,860.00 Overhead $19,658.09 Contractor Profit $10,811.95 Total Construction Cost $235,886.89 FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR PARTIAL FUNDING OF POLICE SERVICES BY AND BETWEEN THE CITY OF TEMECULA AND TOWNE CENTER ASSOCIATES, L.P. THIS FIRST AMENDMENT is entered into as of December _,2005 by and between the City of Temecula, a municipal corporation ("City") and Temecula Towne Center Associates, L.P., a California limited partnership ("Manager"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows. I. Recitals. This First Amendment is made and entered into with respect to the following facts and purposes which the parties acknowledge to be true and correct: A. On September 28, 2004 the City and Manager entered into that certain Agreement entitled "Amended and Restated Agreement for Partial Funding of Police Services by and between the City Of Temecula and Towne Center Associates, L.P." ("Agreement"). B. The City and Manager now desire to amend the Agreement to reflect the terms of the First Amendment to the License Agreement for the Police Sub- Station at The Promenade in Temecula. 2. Term. Section 4 of the Agreement is hereby amended to read as follows: "4. The term of this Agreement shall commence on September 28, 2005 and terminate on September 30, 2014, unless terminated as herein provided. City may terminate this agreement on five (5) days notice to Manager in the event that the License Agreement between the City and Manager (or Manager's authorized agent) for the Police Sub-Station within the Promenade mall, as amended, is terminated for any reason or Manager fails to make the monthly payment on the date due. In the event the Manager fails to make the payment on the date due and City incurs any penalties or late charges on the Lease for the Police Substation, then Manager shall pay to the City the amount of any such penalties or late charges." 3. Other Agreements. Section 6 of the Agreement is hereby amended to read as follows: "6. 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 relating to these obligations are merged into this Agreement and shall be of no further force or effect, provided however, that nothing herein is intended nor shall it be construed to modify that certain "Development Agreement By and Between the City of Temecula, Temecula Towne Center Associates, L.P., a California Corporation, and LGA-7, an Illinois corporation," dated as of December 17, ]996 nor the License Agreement for the Police Substation between the City and Forest City Commercial Management, Inc., acting as the authorized agency for owner Temecula Towne Center Associates, L. P., dated as of September 28,2004, as amended on December _, 2005. 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. Manager warrants and represents to City that the person signing this Agreement on behalf of the Manager is fully authorized to do so and that all corporate approvals for this Agreement have been duly given." 4. Limited Scone of Amendment. Except as otherwise specifically provided herein, all other terms and conditions of the License Agreement shall remain in full force and effect. 1111 1111 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 TEMECULA TOWNE CENTER ASSOCIATES, L.P. By: Name: Title: By: Name: Title: FIRST AMENDMENT TO LICENSE AGREEMENT (CITY OF TEMECULA POLICE SUB-STATION AT THE PROMENADE IN TEMECULA) THIS FIRST AMENDMENT TO LICENSE AGREEMENT is entered into by and between the City of Temecula, a municipal corporation ("Licensee"), and Forest City Commercial Management, Inc., acting as the authorized agency for Temecula Towne Center Associates, LP ("Licensor"). In consideration of the mutual covenants and conditions described herein, the parties agree as follows: I. Recitals. This First Amendment is made with respect to the following facts and purpose, which the parties hereto agree are true and correct: A. On October 19, 2004, the Licensee and Owner entered into that certain License Agreement for the use of "1748-SpaceI870" in The Promenade in Temecula for use as a Police Sub-Station ("License Agreement"). B. The parties now desire to extend the term of the License Agreement from five (5) years to ten (10) years given the extensive costs of the required tenant improvements. C. The parties further desire to provide for the relocation of the Police Sub-Station in the event the Licensor desires to relocate the Police Sub-Station to another portion of the Promenade and for the partial compensation for the original tenant improvements in the event the Licensor desires to revoke the License during its term. 2. Extension of Term of License Agreement. A. The "License Expiration Date" as set forth in the second unnumbered box of the License Agreement is hereby amended to read as follows: "License Expiration Date (unless earlier terminated): September 30, 2014." B. The "MINIMUM LlCENSE FEE" as shown in the third unnumbered box of the License Agreement under the category "Total for Pay for Period" is hereby amended to read: "$17,500/annually (October 2004-0ctober 2009)." C. The "MINIMUM LlCENSE FEE" as shown in the third unnumbered box of the License Agreement under the category "Total for Term of License" is hereby amended to read as follows: "$17,500/annually (October 2004- October 2009)." D. The "TOTAL FIXED LlCENSE FEES" as shown in the third unnumbered box of the License Agreement under the category "Total for Pay Period" is hereby amended to read as follows: "$ I 75,0001Term (October 2004-0ctober 2014)". 859509.1 November to, 2005 I E. The "TOTAL FIXED LICENSE FEES" as shown in the third unnumbered box of the License Agreement under the category "Total for Term of License" is hereby amended to read as follows: "$ I 75,000/Term (October 2004-0ctober 2014)". 3. License. Paragraph I, License Area and Location, IS hereby amended to read as follows: "1. License Area and Location. Based on the term and information stated above which is an integral part of this License and incorporated into this License, Licensor hereby grants to Licensee a NON-TRANSFERABLE IRREVOCABLE LICENSE for the use of those certain premises (the "License Area") consisting of approximately 1748-Space 1870 square feet in the retail facility know as The Promenade in Temecula, located at 40820 Winchester Rd., Temecula, CA 92591." 4. Relocation. Paragraph 7, Relocation, of the License Agreement IS hereby amended and its provisions added to read as follows: "7. Relocation. At any time after October I, 2009, Licensor may relocate the Police Sub-Station to another area within The Promenade, provided that: (I) Licensor provides six-months prior written notice of the relocation (which notice may be given prior to October I, 2009); (2) the proposed new space is not less than the size of the existing space; (3) the location of the new space is approved in writing by the City Manager of the City, which approval shall not be unreasonable withheld in accordance with the law enforcement needs of the space; and (4) Licensor shall, at its sole cost and expense, construct comparable tenant improvements for the Police Sub-Station at the new location." 5. Termination. Paragraph 8, Termination, of the License Agreement IS hereby amended to read as follows: "8. Termination. Licensee may terminate this License Agreement on five (5) days written notice to Licensor in the event that the First Amendment to the "Amended and Restated Agreement for Partial Funding of Police Services by and between the City of Temecula and Forest City Commercial Management, Inc., dated as of , 2005, is terminated or Forest City Commercial Management, Inc. fails to make payments pursuant to said agreement." 859509.1 November 10, 2005 2 6. Limited Scope of Amendment. Except as otherwise specifically provided herein, all other terms and conditions of the License Agreement shall remain in full force and effect. 1111 859509.1 November 10, 2005 3 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 859509.1 November 10, 2005 4 FOREST CITY COMMERCIAL MANAGEMENT, INC., ACTING AS AUTHORIZED AGENT FOR TEMECULA TOWNE CENTER ASSOCIATES, L.P. By: Name: Title: By: Name: Title: 859509.1 November 10, 2005 5 Police Department Mall Storefront Project Description The City of T emecula Police Department is interested in building a storefront office within Suite 1870 at the Promenade Mall in Temecula California. The primary purpose of this office will be to provide law enforcement services to the community. The project will consist of tenant improvements to the southerly portion of the first floor of the existing two-story shell building. Maximum occupancy of the space will be for 38 people within a 1748 square foot location. The main reception area will include a wheelchair accessible front counter and public waiting area. There will be two enclosed offices with a main conference/training room and open report writing area. To the rear of the office will be two wheelchair accessible restrooms and an open locker area. A mezzanine storage area, not to exceed 100 PSF will be located above the east section of the office. The front display of the storefront will include a built-in cabinet to house a plasma screen display unit and a wall mounted display case. Built-in floor and ceiling cabinets will be located in the main hallway adjacent to the conference room and within the conference room next to a small counter and refrigerator. s::: I - 0 .- - ns CJ = 0 ......1 Q ...J 'l:l W .. <J - :> Q s::: LLI ....:l _I ... e .J = Q o. QQI a: .:: <J &t- o. = e 1.1I .. .. Q .. ... ~ ... = 0 00 ~ ~ - - U) o. - ...I z .. &t- :>1 0 Q, ns :!: /' /,,- .t~, "'.00.. ~ Descriotion Estimated Cost Storefront Construction General Conditions $22,522.87 Site Work $2,600.00 Concrete $1,800.00 Metals $800.00 Wood $10,150.00 Thermal & Moisture Protection $3,685.98 Doors and Windows $14,610.00 Finishes $67,138.00 Soecialties $2,900.00 Furnishinas $1,000.00 Mechanical and Plumbina $48,350.00 Electrical $29,860.00 Overhead $19,658.09 Contractor Profit $10,811.95 Storefront FF&Es Phones, Conference Room Speakerphone, Computers, monitors, CPUs, keyboards, mice, printers $28,000.00 Office Furniture $26,000.00 Installation of Intrusion Alarm Svstem $2,500.00 LCD Presentation Monitor $7,000.00 Sianaae Estimate $10,000.00 5 Televisions 12 with built in DVD PI avers) $3,100.00 Move DOJ LiveScan from Old Town Storefront to Mall Storefront $1,500.00 Office and Cleanina Eauioment Suoolies $1,000.00 Refriaerator/Coffee Maker $900.00 Total Construction Costs $235,886.89 Total Architectural Desl'," Costs $10,000.00 Total FF&Es $80,000.00 10% Contlnoencv $23,589.00 Storefront Total Cost $349,475.89 Police Mall Storefront elP Budget As of 11/10/05 Revised Staff Report for Consent Calendar Item No.5 - Promenade Mall Police Storefront First Amendment to License Agreement for the Storefront Lease Police Storefront First Amendment to Amended and Restated Agreement for Partial Police Funding (Changes made per City Attorney to accurately reflect the names of the entities and the lease dates. Changes are highlighted.) FIRST AMENDMENT TO LICENSE AGREEMENT (CITY OF TEMECULA POLICE SUB-STATION AT THE PROMENADE IN TEMECULA) THIS FIRST AMENDMENT TO LICENSE AGREEMENT is entered into by and between the City of Temecula, a municipal corporation ("Licensee"), and Forest City Commercial Management, Inc., acting as the authorized agency for Temecula Towne Center Associates, LP ("Licensor"). In consideration of the mutual covenants and conditions described herein, the parties agree as follows: I. Recitals. This First Amendment is made with respect to the following facts and purpose, which the parties hereto agree are true and correct: A. On October 19, 2004, the Licensee and Owner entered into that certain License Agreement for the use of "1748-SpaceI870" in The Promenade in Temecula for use as a Police Sub-Station ("License Agreement"). B. The parties now desire to extend the term of the License Agreement from five (5) years to ten (10) years given the extensive costs of the required tenant improvements. C. The parties further desire to provide for the relocation ofthe Police Sub-Station in the event the Licensor desires to relocate the Police Sub-Station to another portion of the Promenade and for the partial compensation for the original tenant improvements in the event the Licensor desires to revoke the License during its term. 2. Extension of Term of License Agreement. A. The "License Expiration Date" as set forth in the second unnumbered box of the License Agreement is hereby amended to read as follows: "License Expiration Date (unless earlier terminated): September 30, 2014." B. The "MINIMUM LICENSE FEE" as shown in the third unnumbered box of the License Agreement under the category "Total for Pay for Period" is hereby amended to read: "$17,500/annually (October 2004-0ctober 2014)." C. The "MINIMUM LICENSE FEE" as shown in the third unnumbered box of the License Agreement under the category "Total for Term of License" is hereby amended to read as follows: "$17,500/annually (October 2004- October 2014)." D. The "TOTAL FIXED LICENSE FEES" as shown in the third unnumbered box of the License Agreement under the category "Total for Pay Period" is hereby amended to read as follows: "$175,000/Term (October 2004-0ctober 2014)". 859509.1 November 10,2005 1 E. The 'TOTAL FIXED LICENSE FEES" as shown in the third unnumbered box of the License Agreement under the category "Total for Term of License" is hereby amended to read as follows: "$175,000/Term (October 2004-0ctober 2014)". 3. License. Paragraph I, License Area and Location, IS hereby amended to read as follows: "1. License Area and Location. Based on the term and information stated above which is an integral part of this License and incorporated into this License, Licensor hereby grants to Licensee a NON-TRANSFERABLE IRREVOCABLE LICENSE for the use of those certain premises (the "License Area") consisting of approximately l748-Space 1870 square feet in the retail facility know as The Promenade in Temecula, located at 40820 Winchester Rd., Temecula, CA 92591." 4. Relocation. Paragraph 7, Relocation, of the License Agreement IS hereby amended and its provisions added to read as follows: "7. Relocation. At any time after October I, 2009, Licensor may relocate the Police Sub-Station to another area within The Promenade, provided that: (I) Licensor provides six-months prior written notice of the relocation (which notice may be given prior to October I, 2009); (2) the proposed new space is not less than the size of the existing space; (3) the location of the new space is approved in writing by the City Manager of the City, which approval shall not be unreasonable withheld in accordance with the law enforcement needs of the space; and (4) Licensor shall, at its sole cost and expense, construct comparable tenant improvements for the Police Sub-Station at the new location." 5. Termination. Paragraph 8, Termination, of the License Agreement IS hereby amended to read as follows: "8. Termination. Licensee may terminate this License Agreement on five (5) days written notice to Licensor in the event that the First Amendment to the "Amended arid Restated Agreement for Partial Funding of Police Services by and between the City of Temecula and Forest City Commercial Management, Inc., dated as of November 22, 2005, is terminated or Forest City Commercial Management, Inc. fails to make payments pursuant to said agreement." 859509.1 November 10, 2005 2 6. Limited Scope of Amendment. Except as otherwise specifically provided herein, all other terms and conditions of the License Agreement shall remain in full force and effect. /1/1 859509.1 November 10, 2005 3 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, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 859509.1 November 10,2005 4 FOREST CITY COMMERCIAL MANAGEMENT, INC., ACTING AS AUTHORIZED AGENT FOR TEMECULA TOWNE CENTER ASSOCIATES, L.P. By: Name: Title: By: Name: Title: 859509.1 November 10, 2005 5 FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR PARTIAL FUNDING OF POLICE SERVICES BY AND BETWEEN THE CITY OF TEMECULA AND FOREST CITY MANAGEMENT, INC. THIS FIRST AMENDMENT is entered into as of November 22,2005 by and between the City of Temecula, a municipal corporation ("City") and Forest City Commercial Management, Inc., a California corporation ("Manager"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows. 1. Recitals. This First Amendment is made and entered into with respect to the following facts and purposes which the parties acknowledge to be true and correct: A. On September 28, 2004 the City and Manager entered into that certain Agreement entitled "Amended and Restated Agreement for Partial Funding of Police Services by and between the City Of Temecula and Forest City Commercial Management, Inc." ("Agreement"). B. The City and Manager now desire to amend the Agreement to reflect the terms ofthe First Amendment to the License Agreement for the Police Sub- Station at The Promenade in Temecula. 2. Term. Section 4 of the Agreement is hereby amended to read as follows: "4. The term of this Agreement shall commence on September 28, 2005 and terminate on September 30, 2014, unless terminated as herein provided. City may terminate this agreement on five (5) days notice to Manager in the event that the License Agreement between the City and Manager (or Manager's authorized agent) for the Police Sub-Station within the Promenade mall, as amended, is terminated for any reason or Manager fails to make the monthly payment on the date due. In the event the Manager fails to make the payment on the date due and City incurs any penalties or late charges on the Lease for the Police Substation, then Manager shall pay to the City the amount of any such penalties or late charges." 3. Other Agreements. Section 6 of the Agreement is hereby amended to read as follows: "6. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous 859517.1 November 7,2005 I agreements, understandings, representations and statements, oral or written relating to these obligations are merged into this Agreement and shall be of no further force or effect, provided however, that nothing herein is intended nor shall it be construed to modify that certain "Development Agreement By and Between the City of Temecula, Temecula Towne Center Associates, L.P., a California Corporation, and LGA-7, an Illinois corporation," dated as of December 17, 1996 nor the License Agreement for the Police Substation between the City and Forest City Commercial Management, Inc., acting as the authorized agency for owner Temecula Towne Center Associates, L. P., dated as of September 28,2004, as amended on November 22,2005. 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. Manager warrants and represents to City that the person signing this Agreement on behalf of the Manager is fully authorized to do so and that all corporate approvals for this Agreement have been duly given." 4. Limited Scope of Amendment. Except as otherwise specifically provided herein, all other terms and conditions of the License Agreement shall remain in full force and effect. /1/1 /1/1 859517.1 November 7, 2005 2 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 859517.1 November 7, 2005 3 FOREST CITY COMMERCIAL MANAGEMENT, INC. By: Name: Title: By: Name: Title: 859517.1 November 7, 2005 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of Police DATE: November 22, 2005 SUBJECT: Construction Agreement and Lease Extension for the Mall Police Storefront PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council: 1. Approve a contract with Royal Pacific Construction, Inc. in the amount of $235,887 plus a 10% contingency of $23,589 for the construction of the Police Storefront at the Promenade Mall. 2. Approve the First Amendment to License Agreement (City ofTemecula Police Sub- Station at the Promenade in Temecula) with Forest City Commercial Management, Inc., acting as authorized agency for Temecula Town Center Associates, LP., which increases the remaining storefront lease time by five additional years. 3. Approve the First Amendment to Amended and Restated Agreement for Partial Funding of Police Services by and Between the City of Temecula and Forest City Comercial Management, Inc. 4. Approve an appropriation of $169,476 from Development Impact Fees, Police Facilities. BACKGROUND: On August 17, 2005 the City of Temecula invited proposals from seven (7) Promenade Mall designated contractors for the construction of the Police Storefront. A mandatory site visit was conducted on August 25th with prospective contractors, Promenade Mall personnel and City Staff. On September 20,2005 two proposals were filed in response to the RFP. Royal Pacific Construction, Inc. submitted the lowest bid at $235,887. Rizzo Construction, Inc. submitted a proposal of $307,577. On September 28th, City Staff and the City retained Architect, Walt Allen, met with Royal Pacific Construction, Inc. to review the proposal and discuss the details of the project and the estimated time of construction, which is estimated to be 7 to 8 weeks. Both of these construction bids were higher than was previously budgeted due to the fact that early estimates were based on preliminary construction drawings. The two recent bids were developed based on final design plans which were drawn by the City-retained architect and approved by the Promenade Mall. In addition, due to the increase in new construction throughout the region, construction costs have risen considerably. In order to ensure that the City investment in a Police Storefront facility will be protected, it was decided to increase the initial five year lease term with the Promenade Mall. The City Attorney has drafted an amended lease agreement and Forest City is agreeable to extend its lease for an additional five years. The original annual lease arrangement remains unchanged, with the term increased an additional five years. In the event that Forest City Enterprises wishes to change the location of the Police Storefront, it will be done at their expense. The primary purpose of this Police Storefront will be to provide law enforcement services to the community while supporting businesses in and around the mall. The project will consist of tenant improvements to the southerly portion of the first floor of the existing two-story shell building near Macy's (see attached map). Maximum occupancy of the space will be for 38 people within a 1,748 square foot location. The main reception area will include a wheelchair accessible front counter and public waiting area. There will be two enclosed offices with a main conference/training room and open report writing area. To the rear of the storefront will be two wheelchair accessible restrooms and an open locker area. A mezzanine storage area will be located above the east section of the office. This facility will house four sworn officers, three part time clerical support personnel and three Community Support Officers. It will also serve as the main office of the Temecula Citizen Corps (TCC). Operating hours will include evenings and weekends and Police Services will be provided whenever the mall is open - generally 1 Oam - 9pm. FISCAL IMPACT: The Police Storefront project was included in the 2005/06 CIP budget in the amount of $180,000. An additional appropriation of $169,476 contained in this City Council Action, is necessary to complete this project for a total budget of $349,476. ATTACHMENTS: Agreement with Royal Pacific Construction, Inc. First Amendment to License Agreement (City of Temecula Police Sub-Station at the Promenade in Temecula) First Amendment to Amended and Restated Agreement for Partial Funding of Police Services By and Between the City of Temecula and Towne Center Associates, L.P. Project Description Page with map of Storefront Location Mall CIP Budget ITEM NO.6 Approvals City Attorney Director of Fin~~M City Manager ~ ~ D2- CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council William G. Hughes, Director of Public Works/City Engineer SUBJECT: November 22, 2005 Tract Map No. 32319, Located East of Pechanga Parkway, South of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR. PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Final Tract Map No. 32319 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement .' _ BACKGROUND: Tract Map No. 32319 is located within Tract 29305 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map No. 32319 is subject to all Specific Plan Conditions, Amendments, and Agreements. On January 23, 2001 the City Council approved Tentative Tract Map 29305 and on March 22, 2005 the City Council approved Final Map 29305. On January 19, 2005 they approved Tentative Tract Map 32319 and the conditions of approval which is a further subdivision of a portion of Tract 29305. Tract Map No. 32319 is a six (6) lot single family residential tract. The tract is located South of Wolf Valley Road & East of Wolf Creek Drive S. and Pechanga Parkway. The site is currently vacant. The owners of the property: Standard Pacific Corp., A California Limited Liability Company has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map No. 32319: Development Impact Fee due prior to issuance of building permit. FISCAL IMPACT: None. ATTACHMENTS: 1.) Development Fee Checklists 2.) Fees & Securities Reports 3.) Project Vicinity Map 4.) Tract Map No. 32319 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 32319 The following fees were reviewed by Staff relative to their applicability to this project. . FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 32319 DATE: November 8, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 40,000 $ 20,000 Water $ 15,000 $ 7,500 Sewer $ 19,000 $ 9,500 - TOTAL $ 74,000 $ 37,000 Monument $ 2,400 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee- $ 975.00 Fire Fee $ 205.00 Plan Check Fee $ 2106.00 Monument Inspection Fee $ 274.00 Fees Paid to Date $ 4,121.00 Balance of Fees Due $ 0.00 ~ li ~.. ~ ~ 1 !t~81~~ ~ ;. i I I~~ji ' "'~ ! ~~ I ~ ;1~I~b ~ ~!1<; ; ;1 l~ii~li! ~ . ~ !I Ii ~ :111.~i~ o . ~~ . 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'A' ,~~~ ~ !~fl j~ Il!ib t- ~ i"~f~ fi ~ ~I ilb~ a g ;~. ~~~ a . ~. ! :;l~ill~~l' lB o p~lB I ~ !~n~. ~ ~ I · ~I'~i!l >- ~ i .~~~H ! ~ ." ~ ~ii~M ~ ~ai .~ ~ ~a 3: ~~~;~ I ih i M h~ ~ t ~ ~ b~ a= gJj ~~ @~ ~. I. ~~ ~q~ ~B !" ah!! .~. ~~ Iii ~ ~i'~ El ~g n 2l ;~ III w r ~~ ~ ~I ~S ~ n Ii ~!II! ~3 .. "18d ~. t!! ~~h.. ~ j l!~~3~ ~ ~~3~. ~ ~ill: ~I ~ ~!!Iij ~. ~ U~dg a 8 6!;i~ I ~ li:d~ h ~ . N . . . " ~ " . IN THE CITY or TEMECUlA, COUNTY OF RIVERSIDE, STATE or CAuFORNIA SHEET 2 OF 2 SHEETS JUNE 2005 ~ r:::J I TRACT No. 32319 ElINe A llIl1lMSDl or A PCJtTOj or PMe[l 1 or 1O1 Ur.( AD.U51111ll1 NI) 'AC]-(II!J R[DJlIDt\lIUll~A!l' 1. 1lDJ AS 1l511lIMNl III 2COJ-~ortJIXJAlf/{C'DIiIDSorRMll~CllllNn,CAlJf{IIN.l. ENCINEER'S NOlES . 11I00CA.lES f(JUNO MtNUUENT",".I MlTED. HAU. .!t FOREMAN, IHe. BOUNDARY SURVEY MAP .AUllCllllll[NIS5ElrURM:~SO:~1T 0II(IIAA'C(161,t DlIAfl/oJ;[ [~SDOlI5 9UUEE!((P1 FR:fi or llUI(lltoI;SAAOOSSlRUCll/lIIS m~WlPtoNl.l,1ISJlIIIACRUQlOSS THI$UIPCONI.l,I.lSJ.";,,anNll , , W-~~fDl'I'P.WH1.o.G \t'9:",,~ R.c.E.limrwl.ll ]"f~'>~~'Il' ..,~~~ ~. ~~~ :/:~(1-1. - ~'"Q. I ~~ 5:> '" ~~~~ \ ~0//' ~. ~Y>: "", -Iv/' ~ft, ~ ro,l-I,..1Hf.\C /' ~:t:'~, ~.v ":/ ~~'" \ 22 "",' ~23, \V24 \ '" / 26 "" <~ / 26 Jo;f' "'" '~'~!o" Jo. ~ j/J' )'Y/A . . /{' "" ~?0 ~f~' '.:-. 28 .'$-d' .~J" . ..:t'- ~.,,s;~ ~~ ~ ,~ TR 30?64"- ,~:~... ~.~.. //#~ M.s. 30f5N-1 "':.~:';<'~ 4') ~'t', /,//"" 3'J '> / 40 \ / ~ 6. l)IDK'.Al'[SI''-P.IIlT11TAGR.C.[.lO&08.~SI<TOIJE"SET rt:>f m. '-'11 29.XJ:l~1. 11.0. ~50/6:;-7a o WDlCAI(Sl" I.P. \'Alii uc R.C.f. 20508. FUJSIi TO IX: srr PfR lR. NO. 29lQ!;.M.ll. .37l!/~-A~ INOlC.O.TT:SI"I.P.IMTH TACR.~t.2~e.nUSIlIOllE.S(T PER IR. 110..50264-1. I.I.B. J~/' - 7 IIII11Co\1[5SH1"LP.l'lllH1ACI.c.r.'05ll8.nuSH. 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GRAPHIC SCALE. ~ - -l..W -- i " ,........., 11..,..&0 It. EASEMENT NOTFS AN U.SI'UENT F~ P(U U~5 !.NO INCIOEN'AL PURPOS(S IN j~~~~ 2~~~~~~ ~1~2~r)~~ ~:N~~~RO[O ~ IlECOllIl5.{U"'PlOIl.l!lLE} ~ ENVIRON....ENTAL CONSTRAINT NOTE TI'Etll\lRQN"tNTALCONSfRAINTS!-<EE1MFECfIIlCTHIS",.p IS CDl fiLL ,'" THl ('f'f1CE llf TH( OIT ENQNEER. OTY llf lEt.cfCUl...INf,C,s,aOl)(.2....PAC[_ ~,- TR. 2'806'3~-4 M.s. 22'11.12-20.# ..,po ~ 9 ~ TR. 2'3063~5 M.8. 22.112'J-28 ro.f.'.P.IITIlTAf; Jl.C.t~~]n.U9f IUP.Il.15Il/n-w lI<~l71l~I-n ENVIRONMENTAL CONSTRAINT SHEET IN THE CITY Of TEMECULA, COUNTY OF RIVERSIDE, STATE Of CAUFORNIA SHEET 1 or 1 SHEETS H,t,U. 4: FORDlAN, lHe. JUNE 2005 i N I TRACT No. 32319 l!ill(;A!ilIIlIlIII5lQtorAP\JlllO'torPAAculaLClI1lIr[.IO.lISlWt4r.np~2-a;l3lU:tllOOlrrIimNrr7.iOO.lAS"5T11lJUf111Ml <OOJ4.l5J1rFllIllOlltAmllillSOFIII\tlISIXtoIJIll'l.CWfOIiIIIo\. ENCINEER'S NOTES . ,1I00CATES rOUND UONUlI[NT AS NOTED. A lNDlf.ATES '" IP. \IIlTH Tile R.C.L 20508, flUSH rOBE SEI PEl': JR. NO. 79.m:i-1.....8. J!lu,le~-'Il. [] DtDICATES1'lP_'Nl"!.O.C"_CE.20Mll,fL~HfDBt:Stl PER TR. NO, 29~5,"'.B.J7a/loG-45. ''lOCATES ," I.P, WIH T"C R.C.t. 2lr.lO~, flUSH TO 8E SET PERlH.f\'O.3112&4_7.t.lD.JII.'l{1_7, INOICArES~ll"l.p_'AnH lAllR.c.E.205O&.nuSH. BOUNDARY SURVEY ~AP BASIS OF BEARHG5 'Jl.IEBASlSOfBEARI"c.srlRllllSNAP'Sr1-€CEI<rrRlIN[ U"wOI.fVAUE'l'RCl.wSHOMo'-5NSI'5!t1lt:.Il5!iHllVIN {Jl,ITlU.C1NOJ02M-7RtC~tf:OI"IlOOIIJBS,P"'(;(Sl IHIWUGH 7.I"CLUSI'If.0f UAI>S. RECllilosar Rl\I[RSlllf COUNTY. C.....IfORH.... GRAPHIC SCALE ~u i (I'll) 11lll,c...TES f!E:CORD M'lD U[ASWI(D OATA PER TR. NO. 2~J~-I, "'.B .\50/6~-78. (~2) INQICAI(S A'ECORD NIID lI[ASURED DA1A PER TR. Nn. 29J05. IolB,,}'8!,}6-48 (RJ) INDlCA1'(SR[CORDAJ\IDlI(ASURf;DDATAPU1R.NO.J02114-1. IlB,JIlS/I-1. (R) INOCAT'ES Rf\DI^,,- Bl:III1ll<lG (FQ:) INDICATIS 6EARINGAT FOINT or ClM"lltJNDCLJRII[ ,'V'.IUISH. IJ.GCl.Ota: nol(IlIV.Co. m"A'-MOII,) 10a(5l1 ATOE.llILOTCUlI<U5A1l1lJ1Q[ Pl1MtsIMLOllJll(S, IIlClSS orn(II'~NOl[l). MAlNllT.o.cA'Cl,:I!lIOIIlCI6tS(11lI1CFClfllllBGY 1It:""0I.0IIGt_~ll-l:5Q:L01I"[5Ri(JlC.'5A'" ILc'sFI!O.l:Cl[DII(JIPOCllCIilAAOIRilll/ILfAOllPR(Jl(RTf LJt€ (RI\'EllSIl(COONl'ISlO, 1'Ii'!:,' flllf'Zl!') 11__"" n. EASE~[NT NOTES AH(ASEl.I(NTfORFOULIN(SANOINCTD(NTAl.PURP05ESlN ~~~AA~2~~L,I~~~4 ~~~C311.~;i C~~N~r~Z.ROiO ~ R[COOOS.(UNI'I.Oll"-BLE] .~. ENVIRONMENTAL CONSTRAINT NOTE ,. TliIS FRllP((IlTYIS LOCATIO .THIN THIRTY (30) I.lI.ES CF '-'CUNT PAtO'dNl OIlS[llVATOll~. I\lL ""01'05[1:' OUIllOllR lIGM1'~S\'SlOlS~AlLCOOPl.V\\HIITHECAllrORNtAINSTIllIT[ rr l(D<>IllLOGV, PAtOW.R OIlstllV"IQRY RtCO"I'I[~OATtO~$, MOcN~CE: NO. 655. -~, 2. l1-I(f.I(lV"CR(t;I((NIoORON\I(NTAlIIolJfAI:TRF;PORT([IR) (FAlIB-04Iil) WAS PREPAI1[O FOR THIS PROLeT AI<<) 15 em ru: A1 fII( CITY or 1flI[CULA PLANN~1l O[PARTlol(NI. .\UloOUl[N1S9<I...."'SE1'SI<IU!l(S[1IN.!CCOtJ.,.a: IIl1TI1l11!:lIDIIUI(N'TAOOII.4GR([lI[NTrOll'tilSlMP.Ul([S5 OlliR'MS(MIt[tJ. -fR. 2'8083-.4 M.8. 22-J1-J2~20~{\ AllMOMIil:HlSSlTI'U~sa:CMf'I ~MCE~Rt. PIIWQ u.su.:~lS S'Wl lit KtPl f~! ~ llVW/lGS.vtlOllSTllllr.nOOi$ JltISlfAI'WI'IT...llSUIlAOiESCRO:SS 1~ISll""CON1..."SH'~E5><ll \ \ ....... 6t~~~c,[~~~ 1t~;J~ ~<:~n~"' / "'~ ."'" 'tt~.~ rl. l' L'. l'ITli Tr.G ~"tp-\/ /"AltrTlUI'lWAT[ "/ ~~::'~~-1. /' ~~~~ ,r; ~~~~1 OS? 22 /{> 1 ~28, \V24 \ " / 26 "" ,,~/ 26 Jol:' ~ ,'1~,.:.. "0. TH[;(N_OPI"'(~T^,,-Cll~STII"'''f ~ ~p^. l~rOI\l.l"'TION SHOY;N ON n~s UAP SHUT IS " -t~ FORwrORIolAllONI'UflPO$[SO~RIBING y CONI)TlOI'ISASOfTHE[)Al[OfFIUN'ANO I" 1II0T INT(NOEO Ta.....rccTR(ClflOTITL( INl{;R[Sf,lHl'>INFmIolAIIONISCERl~n~OI.I ~~%:!:f*~~~f;;P:R~ /{' .'" ~j)fJ . ~..;.~ / '" 28 <l '" / /h~'" ~,~ '<~..,.. <~/ m 80264....- A..~'" "Ii . A<:S>';/ " M.~. ClfH51'1-" 7 '.....~$'" 4'J. . .", /,//,,- 3'J '> / 40 \ / ~ TR 23063-6 MS. 22V2'J-28 rn ," ~P. ;...,. 'AIl RtL 26'~1 flWl !'UP.M.ISli/t,l.IO.l ItllILVlf./1-2lI BOOK T PAGE 0 0 <( ~ <( 0 5: 0 0:::: ~ 0:::: ~OJ 0.... 5: ~ (f)"-- 0 ~ w n --.l 5: --.l f-0-.J --.l --.l 0 <( ~ ~n :r :r 0 J -('* w 0 . 0:::: 0::::0:::: fey 0....1- ~ ~ IV:. . - ~ <Y .z a.. ~. (f) 0 <( ~ ~ rt ~ z ~~ o <( <( 0 o. >-Ul ~. 0 ~ r-~ 0> < . w 5: zti i! w 0 0:::: OJ . _Z & 0 ZO () . Q. -<( > ~ LL <(0 --.l 0::::0:::: ~ 0 ~ 5: LL ~ \/ \ I:J ~ ~\..\..S'< ITEM NO.7 Approvals City Attorney Director of Fina"..... . IJI2 City Manager ~ v CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: William G. Hughes, Director of Public Works/City Engineer November 22, 2005 SUBJECT: Award the Construction Contract for Project No. PW02-18 Rainbow Canyon Guardrail Installation and Replacement Federal Project No. STPLHG-5459(016) PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. PW02-18 Rainbow Canyon Guardrail. Installation and Replacement, to D.C. Hubbs Construction in the amount of $245,325.00 and authorize the Mayor to execute the contract; . 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $24,532.50, which is equal to 10% of the contract amount. BACKGROUND: On March 22, 2005 the City Council approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. On April 6, 2005 staff submitted the "Request for Authorization to Proceed with Construction" to the Department of Transportation, as required to secure funding by the Hazard Elimination Safety (HES) Program. The request was authorized August 17, 2005. The project will remove existing metal beam guard rail (MBGR) along Rainbow Canyon Road between the Temecula Creek Golf Course and the southerly City limit. New MBGR will be installed with terminal systems and reflectors. Four (4) bids were received and publicly opened on October 27,2005. The results were as follows: BIDDER 1. D.C. Hubbs Construction 2. Southland Construction 3. Coral Construction Companv 4. Alcorn Fence Company BID AMOUNT $ 245,325.00 $ 290,200.00 $ 381,800.00 $ 485,855.00 A copy of the bid summary is available for review in the City Engineer's office. Staff has reviewed the bid proposals and found D.C. Hubbs Construction, of Yucaipa, Califomia, to be the lowest responsible bidder. D.C. Hubbs has extensive experience in guardrail installation and has successfully completed similar projects for other public agencies. The Engineer's estimate forthis project was $291 ,000.00. The specifications allow thirty (30) working days for the completion of this project. FISCAL IMPACT: Rainbow Canyon Guardrail Installation and Replacement is a Capital Improvement Project funded through the Hazard Elimination Safety Program. Adequate funds are available in the project construction account no. 210-165-619-5804 to cover the total construction cost of $269,857.50, which includes the contract amount of $245,325.00 plus a 10% contingency amount of $24,532.50 ATTACHMENTS: 1. Project Description. 2. Location Map 3. Contract CONTRACT CA-2 C:\WrNOOWS~sdoc\nettemp\OOBO'$ASQpdl3462.doc'Agreemenls COntractslContract Cons! ..... 00 oj ~1 ~ ~!-o ~ 0$0000 !-o~080\0\ 0 0 _00 \O~ - 1;: ~ ~ ~....,.. ~ ~ J o 0 r"'1 ('() uu............... 0 .0 ~ 0 I .~ .~ u co ., ... .., " J.. 8 oS <:> a co i "" .g <l ~ ~ 8 0\ g .g ~ co ~ ~ ~ I ~ <l g !Z. ij ~ 00<:> U 00 '<I'....~ co ........ .... ~ U it .,!. ~ r:_" it 0 <l . co .... 00 '" 0 :S <:> "'. '<I' l 0 "" 'g '" '" '" & DO '3 .... ~ OIl O\~ .g ! g ~ 0 u .... ~.. .., co .. '" ., !il "" 8 z j ~] <:> <:> P< 0 '" ~o .... ~ rJ'} " ~ i ~ ~1i '" !;~ is , -~~ o 00 01 -t~ ~ 1l \C 000\0'\ 13 <l i'l <:> ooo\ooq- " oJ. \Cio"~o rJ'}' :;a ~1~ > <:> '<1'''' .... ]rn_ ~ 0 <:> .... .... <l U - '" ~ 0 oj ; .8 .~ ~WG4fA .~ J.. gi ,gjiu j~~ a ~ s ~~c3 ito 0000 g ~ ~~. .~~ - ., a -Ilt":l\,ON ]~ ~ ~~ y~ .~~ ~ q"1. ~i f ~ - 0_ 8 . '" '" "'on ~ u::> ~::>~ ~'<I' <a '" ~f;A.fA(A- ",JI:Q!-o .~ ~ 1i ~ ~ t 0 o .. u u.; o. <l :>1 l:l ~ ~ .. i:i ..'~ 't 0 tl It ., '/=1 <l ~&: .if .S' ~-fl o'S ~ 'S Ii 11 a. J i ~~ t tl I .~ !i !J !~ fl . u 8~ t:I.( rJ'} .~ ~ i ~ ~ ~ t; ~ ~ ~. 5 t"- V .r_VllIa'/- ~t ~ ~ o c t ~ ..r;; ! . (:) 0' ~ .t ~ z~ CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW02-18 GUARD RAIL INSTALLATION AND REPLACEMENT RAINBOW CANYON ROAD FEDERAL PROJECT NO. STPLHG-5459(016) THIS CONTRACT, made and entered into the 22". day of November, 2005, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and D.C. Hubbs Construction, hereinafter referred to as "CONTRACTOR." WITNESSED: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. 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. PW02-18, GUARD RAIL INSTALLATION AND REPLACEMENT, RAINBOW CANYON ROAD, FEDERAL PROJECT NO. STPLHG-5459(016), Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (Latest Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW02-18, GUARD RAIL INSTALLATION AND REPLACEMENT, RAINBOW CANYON ROAD, FEDERAL PROJECT NO. STPLHG-5459(016). Copies ofthese Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW02-18, GUARD RAIL INSTALLATION AND REPLACEMENT, RAINBOW CANYON ROAD, FEDERAL PROJECT NO. STPLHG-5459(016). In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in CONTRACT CA.3 C:\W1NDOWS\apsdocVlettemp\608O\$ASOpdf3462.doc\Agreements Contracts\Contracl Const 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. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW02-18 GUARD RAIL INSTALLATION AND REPLACEMENT RAINBOW CANYON ROAD FEDERAL PROJECT NO. STPLHG-5459(016) 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: TWO HUNDRED FORTY FIVE THOUSAND THREE HUNDRED TWENTY FIVE DOLLARS and NO CENTS ($245,325.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, exceptthatthe City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCHEDULE: A. Before submittal of the first payment 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 City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA-4 C:\WINDOWS\apsdoc'llettemp\608O\$ASQpdf3462.doc\Agreements Cootracls\Contracl Const UNIT PRICE BID SCHEDULE: B. Pursuantto Section 20104.50 ofthe Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT CA-5 C:\WINDOWS\apsdocV1etlemp\608O\$ASQpdf3462.doc\Agreements Contracts\Contract Consl 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at htto://www.dir.ca.aov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are included in Exhibit "B" of the project specifications. Future effective general prevailing wage rates which have been predetermined are on file with the California Department of Industrial Relations and are referenced but not printed in the general prevailing wage rates. CONTRACTOR shall post a copy of such wage rates at the job site and if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, CONTRACTOR shall pay not less than the higher wage rate. 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 him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the 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 treatment with respect thereto. CONTRACT CA-6 C:\WINDOWS\apsdoc'ooltemp\608O\$ASQpdf3462.doc\Agreements Contracts\Contract Const 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in anyway associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subjectto inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree thatthe 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 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. 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. CONTRACT CA.? C:\WINDOWS\apsdoc'tletlemp\608O\$ASQpdf3462.doc\Agreemenls Conlracts\Conlracl Const 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 ofTitle 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 Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address ofthe CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City ofTemecula 43200 Business Park Drive Temecula, CA 92590 CONTRACT CA.8 C:\WINDOWS\apscloc\nettemp\608O\$ASQIXff3402.doc\AgreemenIS Contracts\Contract Consl IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR D.C. HUBBS CONSTRUCTION 37306 Vista View Dr. Yucaipa, CA 92399 (909) 790-2215 Danny C. Hubbs, Owner DATED: CITY OF TEMECULA Jeff Comerchero, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT CA-9 C:\WINDOWS\apsdoc\neltemp\608Q\.$ASOpdf3462.doclAgreements Contracts\Contract Const ITEM NO.8 Approvals City Attorney Director of Finance City Manager ~ ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council William G. Hughes, Director of Public Works/City Engineer DATE: November 22, 2005 SUBJECT: Maintenance Agreement - Habitat West, Inc. - Long Canyon Detention Basin- Project No. PW01-05 - Change Order NO.1. PREPARED BY: Greg Butler, Principal Engineer - CIP RECOMMENDATION: That the City Council: 1. Approve Contract Change Order NO.1 to the Maintenance Agreement for Project No. PW01-05, Long Canyon Detention Basin with Habitat West, Inc. in the amount of $22,141.50 and authorize the Mayor to execute the Change Order; 2. Approve a transfer of $22,141.50 from the Long Canyon Detention Basin Access Road project to the Environmental Habitat Long Term Maintenance project account; BACKGROUND: On July 24, 2001 the City Council approved a 5-year maintenance agreement with Habitat West, Inc. for the maintenance of the roughly 3 acre riparian habitat created in the Long Canyon Detention Basin. The mitigation area was set up to satisfy the conditions ofthe Army Corp of Engineers permit issued for the Campos Verdes Development by Woodside Homes. In October of 1999, the City entered into an agreement with Woodside Homes to accept the 5-year maintenance and monitoring requirements of the Long Canyon Detention Basin environmental mitigation area. The habitat creation site was doing very well through September of 2004. However the heavy storm events that soaked the region last winter inundated the site with silt. The site was left for several months in hopes that it would recover without any remedial work. EDA W, the City's Environmental Consultant monitoring the site through the 5-year establishment period, recentiy assessed the site and now recommends supplementing the surviving native plants with additional potted native plants, cuttings and seeding to provide a much better chance at meeting the 5-year success criteria and have the site accepted by the resource agencies. Habitat West has reviewed the remedial planting recommendations provided by EDA W. Staff has negotiated a contract change order with Habitat West to implement the work. This additional work will be funded by transferring the necessary balance from the Long Canyon Detention Basin Access Road project, which has been delayed while higher priority projects are completed. FISCAL IMPACT: Funds to cover the additional work included in the subject change order will be available once the recommended transfer of funds is performed. Adequate funds are available in the Long Canyon Detention Basin Access Road project, Account No 210-165-746-5804, for the transfer. ATTACHMENTS: Contract Change Order No. 1 CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 01 PROJECT NO. PW01.05 PAGE 1 of2 PROJECT: Long Canyon Detention Basin Environmental Habitat Maintenance TO CONTRACTOR: Habitat West Inc. NOTE: This change order is not effective until approved by the City Council. CHANGE ORDER REQUESTED BY: Engineer 1.1 DESCRIPTION OF WORK: Repair the existing irrigation system serving the project as described in EDAW's recommendations dated September 30, 2005. METHOD OF PAYMENT: Extrawork at agreed lump sum price: Total Item 1.1 ..................................................................................... $ 2,520.00 The agreed lump sum price constitutes full compensation, including all mark-ups for the work described above and no additional compensation wiil be allowed therefor. 1.2 DESCRIPTION OF WORK: Furnish & Install the supplemental native plant species (potted plants and cuttings) as described in EDAW's recommendations dated September 30, 2005. METHOD OF PAYMENT: Extrawork at agreed lump sum price: Total Item 1.2 ..................................................................................... $ 4,773.50 The agreed lump sum price constitutes full compensation, including all mark~ups for the work described above and no additional compensation will be allowed therefor. 1.3 DESCRIPTION OF WORK: Furnish & Install supplemental seeding of native plant species over 2-acres of the site as described in EDAW's re<:ommendations dated September 30, 2005. METHOD OF PAYMENT: Extrawork at agreed lump sum price: Total Item 1.3 ..................................................................................... $ 4,200.00 The agreed lump sum price constitutes full compensation, including all mark-ups for the work described above and no additional compensation will be allowed therefor. CONTRACT CHANGE ORDER NO. 01 CONTRACT NO. PW01-05 PAGE2of2 1.4 DESCRIPTION OF WORK: Provide the necessary long term maintenance of the habitat creation site for the remainder of project year 4 and project year 5, including the remedial plantings as described in EDAW's recommendations dated September 30, 2005. METHOD OF PAYMENT: Extrawork at agreed lump sum price: Year 4 .................................................................................................. $ 4,600.00 Year 5 .................................................................................................. $ 6,048.00 Total Item 1.4................................................................................... $ 10,648.00 ceo 01 . Totallncrease.........................................$ 22,141.50 Original Contract Amount............ .............................................. ................................. $ This Change Order .................................................................................................... $ Previously Approved Changes.................................................. ................................ $ Total Adjusted Contract Amount................................................................................ $ 26,240.00 22,141.50 0.00 48,381.50 Prepared & Submitted by: Date: City of Temecula - Greg Butler, P.E. Principal Engineer Approval Recommended by: Date: City of Temecula - William G. Hughes, P .E. Director of Public Works/City Engineer Approved: Date: Jeff Comerchero - Mayor City of Temecula We the undersigned contractor has given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noled above, and perform all selVices necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted, Date: Contractor: Habitat West, Inc. Company name By: Title: Signature Name: Printed If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding wilh the ordered work and filing a written protest within the time therein specified. C:\WINDQWSIAPSDOC\NETTEMP\39S6\SASQPDF3S2S,DQC EDAvV EDAW IHe 1420 KETTNER BLVD SUITE620 SAN DIEGO CALIFORNIA 92101 TEL 6192331454 FAX 619 233 0952 www.adaw.com UNITED STATES EUROPE AUSTRALIA ASIA September 30, 2005 Greg Butler City ofTemecula 43200 Business Park Drive Temecula, CA 92590 Subject: Long Canyon Detention Basin Wetland Mitigation - Remedial Measure Recommendations to Restore Areas Affected by 2004/2005 Rain Storms Dear Greg: Due to sediment deposition in the 3.12-acre Long Canyon Detention Basin wetland mitigation (Long Canyon) area from high intensity storm events between October 2004 and March 2005, grades have been raised and vegetation has been covered within portions of the site. In order to meet final end of year 5 (February 16,2007) mitigation success standards, remedial measures (i.e., including irrigation repairs, and replanting and reseeding in select areas) are recommended for implementation in the fall/winter of 2005. Provided below is an overview of the mitigation site and its eXlstmg conditions, followed by the recommended measures. Information is presented in this review so that the landscape contractor (Habitat West, Inc.) may prepare a cost estimate for the remedial measures upon request of the City of Temecula. OVERVIEW: The Long Canyon mitigation site, east of Margarita Road, is adjacent to the southern boundary of the Campos Verdes Development project and the City of Temecula Margarita detention basin. The mitigation project was designed to mitigate impacts to jurisdictional habitat as a result of the Campos Verdes Development project located in the City of Temecula, and the Murrieta II project, located in the County of Riverside. The wetland creation site required excavation grading to convert disturbed upland habitat to freshwater marsh and wetland riparian scrub and woodland habitat. Installation of the mitigation site was successfully completed on February 16, 2002. Upon completion of installation, the City of Temecula (City) took over responsibility of the mitigation site and associated permits issued by California Department of Fish and Game (CDFG), U.S. Army Corps of Engineers (ACOE), and Regional Water Quality Control Board (RWQCB). Existinl! Conditions The mitigation project is currently in year 4 of a scheduled 5 year program, which is scheduled to end on February 16, 2007. After 2 years the mitigation habitat development was successful and ahead of year 2 success standards. However at the DESION, PLANNING AND ENVIRONMENTS WORLDWIDE EDAvV Greg Butler City of Temecula September 30, 2005 Page 2 end of year 3, high intensity storm events between October 2004 and March 2005 resulted in sediment accumulation that exceeded the capacity of the City's Margarita detention basin (and clogged and covered the culvert between the detention basin and mitigation site) - which resulted in significant sediment deposition in the mitigation site. Sediment deposition in the 3.I2-acre mitigation site ranges from a couple inches to approximately 20+ inches thick. During the site meeting with you, Jon Stafford of Habitat West, Inc., and me on August 24,2005, EDA W determined that approximately 50+ percent of the site was lacking native plant cover. Much of the native plant understory in the eastern portion of the mitigation site has been covered by the sediment, however most of the native trees (i.e., willows) and shrubs in this area have survived and supplemental container planting is generally not needed there. The area more significantly affected by the sediment is the western half of the site. There are scattered native trees and shrubs in the western area, however most of the native plants have been covered by sediment. As expected, during 2005 there has been positive resprouting of native plants through the sediment in some locations. The sediment has also covered and partially covered many of the irrigation sprinkler heads set 12 inches above grade. Habitat West has tested the irrigation system, and all the valves appear to remain operational. Although the sediment has raised grades in much of the mitIgation site, EDA W believes the runoff and groundwater conditions will still support the wetland/riparian habitat composition intended for the site. The sediment also covered most of the approximate I-foot high internal berm configuration that was designed to help runoff meander through the site. Prior to the storms and sediment deposition, runoff entered the mitigation site through a culvert located at the eastern-central portion of the site. Since the central culvert is clogged, the City in 2005 graded small drainage areas such that runoff from the Margarita detention basin currently enters the mitigation site from both the northeastern and southeastern portions of the site (with most of the runoff currently entering the southeast portion). Since the sediment does not need to be removed for ecological reasons (i.e., wetland/riparian habitat can be supported under the current site conditions) and the City has indicated the sediment from the mitigation site does not need to be removed for the Margarita detention basin to operate properly - the sediment will be left in place and replanting/reseeding will occur to restore the intended habitat. The following remedial measures are intended to help the mitigation site meet the final year five success standards on schedule on February 16,2007. As a point ofreference, the primary year 5 success standards (RBF 1997) include: OeSIGN, PLANNING AND ENVIRONMENTS WORLOWIOE EDAvV Greg Butler City of Temecula September 30, 2005 Page 3 . 80 percent survivorship of container plantings . Greater than 75 percent native cover . Less than 5 percent cover of weeds and . No formation of large gullies or loss of soil RECOMMENDED MEASURES Provided below are remedial measure recommendations including weed control, irrigation system repair, supplemental planting, and supplemental seeding. In terms of schedule, it is recommended that weed removal (in preparation for planting/seeding) and irrigation system repair occur in October and November 2005 and supplemental planting and seeding occur between November and December 2005. These measures would need to occur in 2005 (or early 2006) in order for the site to potentially attain final habitat success standards in early 2007. It is recommended that potential improvements and repairs (temporary and/or permanent) of the Margarita detention basin occur before the recommended supplemental planting and seeding to reduce the chance that future sediment deposition could adversely affect the mitigation site plants. If modifications are made on how runoff is directed to the mitigation site from the Margarita detention basin, it is recommended that runoff be directed to the northeastern and/or central portion of the mitigation site so that runoff will reach a larger portion of the mitigation site, which drains in a southwesterly direction (to a culvert under Margarita Road). Weed Removal Weed control is an ongoing maintenance item to be addressed by the maintenance contractor throughout the 5 year establishment program. Habitat West has done a good job controlling weeds during the mitigation program - however the sediment deposition and loss of some native plants has increased the area where weed species are prone to establish. As part of implementation of remedial measures, the first steps are removing new weeds onsite and repairing the irrigation system in preparation for supplemental planting and seeding. Based on inspections in 2005 including on August 24, 2005, the primary weeds that need to be controlled include: Black mustard (Brassica nigra), cocklebur (Xanthium strumarium), sweet clover (Melilotus alba), tamarisk/salt cedar (Tamarix sp.), pigweed (Amaranthus albus) and curly-dock (Rumex crispus). DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE EDAvV Greg Butler City ofTemecula September 30, 2005 Page 4 In addition to nonnative (weed) volunteers, native species such as Douglas mugwort (Artemisia douglasiana), cliff malacothrix (Malacothrix saxatilis), San Diego telegraph weed (Heterotheca grandiflora), salt heliotrope (Heliotropium curvassavicum), and western sunflower (Helianthus ann us) have volunteered on-site, which are beneficial and should be left in place. Irril!ation Repair On August 24,2005 Jon Stafford of Habitat West and I reviewed the irrigation system to determine which valves no longer need to be operated (because a sufficient density of native plants are established in those areas), and those valves which should be operational in 2005 and 2006 to help establish new native plants in the areas affected by the sediment deposition. To provide irrigation coverage to help establish new natives plants (i.e., from containers and seed) in the areas significantly effected by sediment deposition, valves I through 12, 14, 15, 17, and 18 should be operational for the remainder of 2005 and 2006. As necessary along the irrigation lines of these valves, sediment should be removed from around sprinkler heads and/or sprinkler heads should be placed on risers above the sediment. The irrigation system can then be used to supplement the upcoming rainy season between October 2005 and April 2006 to help establish the container plants and germinate seed. During the 2006 dry season (i.e., from approximately April to October 2006), irrigation can be used to help ensure desirable overall plant survival and growth. It is expected use of the irrigation system would be phased out in the fall of 2006 at the beginning of that year's rainy season, so that the site would be without irrigation for approximately 4 months before the end of the 5 year program. Supplemental Plantinl! Originally 212 one-gallon willow container plants were installed in February 2002 including sandbar willow (Salix exigua), red willow (Salix laevigata), and arroyo willow (Salix lasiolepis). This planting was done at a relatively low density (approximately 68 plants per acre) with plants installed on approximately 25-foot planting centers. Installing supplemental container plants should serve as a relatively cost-effective method (in conjunction with seeding) to help supplement and achieve the desired final native plant cover condition. It is recommended that container plants be installed prior to the supplemental seeding. Provided below is a recommended list of supplemental DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE EDAvV Greg Butler City of Temecula September 30, 2005 Page 5 container plants. Container plant source material should be obtained from as close to the project site as is commercially available. Table 1 Recommended Container Plant List Container Number Number for 2 Acre Common Name Size Per Acre Plantin Area Mule fat One- allon 35 70 Fremont cottonwood Five- allon 12 24 Sandbar willow One- allon 40 80 Red willow One, allon 40 80 Arro 0 willow One- allon 43 86 Total 170 340 1. Installation of 170 plants per acre equals planting on average on approximate 16-foot planting centers.. Once supplemental container plants are delivered to the site, EDA W will help direct the plant layout to ensure the plants are installed in locations that ecologically appropriate and also provide the most benefit for native habitat development on-site. These container plants should be installed between November and December 2005. To further supplement and accelerate native plant cover development, EDA W recommends that Habitat West install approximately 250 cuttings between December 2005 and January 2006. The cuttings can be divided between the species listed above, with most of them being willow species. Supplemental Seedinl! Based on the existing native plant cover, EDA W recommends that enough seed be obtained to seed approximately 2 acres of the 3.12-acre site. The recommended remedial seed mix has been revised from the original seed mix to include species better adapted to the current site conditions and accelerate native plant cover development. Seed material should be obtained from as close to the site as is commercially available. DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE EDAvV Greg Butler City of Temecula September 30, 2005 Page 6 Table 2 Recommended Seed Mix Pounds Pounds of of Pure Pure Live Live Seed Seed Pounds Minimum Percent (PLS) Per (PLS) for Common Name Scientific Name Per Acre Puritv/Germinatiou Acre 2 Acres Ambrosia Western ragweed 4 20/30 0.24 0.48 fJsilostachva Anemopsis Yerba mansa 3 45/60 0.81 1.62 californica Artemisia Douglas 5 10/50 0.25 0.50 douf!/asiana mUQ.wort Baccharis vi/u/aris Covole brush 2 2/40 0.02 0.04 Baccharis Mule fal 4 2/20 0.02 0.04 salicifolia /socoma menziesii Spreading 5 20/40 0.40 0.80 vaT. menziesii eoldenbush Juncus mexican us Mexican rush 4 80/30 0.96 1.92 Lotus scoDarius Deerweed 4 90/60 2.16 4.32 Oenothera elata Evening 3 98/75 2.21 4.42 ssp. hooker; orimrose Total 34 7.07 14.14 Seed can be hand-broadcast and raked into the top I inch of soil, or hydroseeded with a light application of wood cellulose fiber mulch (at 1,500 pounds per acre). If seed is hand-broadcast, then it should be mixed with sand and applied with a hand-held spreader to ensure even application. EDA W can help direct Habitat West where to apply the supplemental seed between November and December 2005. SUMMARY Implementation of the recommended remedial measures and continued site maintenance by Habitat West (e.g., weeding, erosion control, irrigation system maintenance, and plant care) should help the site reach its final success standards on schedule in early 2007. In early 2007 some of the plants from supplemental planting and seeding will not have reached a mature condition; however these plants in conjunction with the existing native plants onsite should help the project reach its primary final success standard of achieving greater than 75 percent native plant cover. DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE EDAW Greg Butler City of Temecula September 30, 2005 Page 7 Please contact me with any questions or comments at 619.233.1454 or at prinej@edaw.com Sincerely, i::. pr~' ~~ Senior Restoration Ecologist 01080147 Long Canyon Remedial Measures Ltr DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE ITEM NO.9 Approvals City Attorney Director of Finance IJIL City Manager ~ ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council William G. Hughes, Director of Public Works/City Engineer November 22, 2005 SUBJECT: Authorize Temporary Street Closures for Temecula's Holiday Light Parade on December 2, 2005, and Delegate Authority to issue Special Events/Street Closures Permit to the Director of Public Works/City Engineer PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM. RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S HOLIDAY LIGHT PARADE ON DECEMBER 2, 2005, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. BACKGROUND: A temporary street closure on Jefferson Avenue between Rancho Califomia Road and Overland Drive is necessary to protect participants and viewers at the Temecula's Holiday Light Parade for a period of a few hours beginning at approximately 6:00 PM on Friday, December 2, 2005. The parade route will be on Jefferson Avenue between Del Rio Road and Overland Drive. However, the portion of Jefferson Avenue between Rancho California Road and Del Rio Road will also be closed to allow for controlled VIP parking. Other streets will also require temporary street closure to facilitate staging and de-staging. These streets include Del Rio Road, Calle Cortez, Las Haciendas Street, Commerce Center Drive, Via Montezuma between Jefferson Avenue and Diaz Road including the low flow crossing through Murrieta Creek, and Overland Drive west of Jefferson Avenue. The roads will re-open shortly after the parade is over with the signal timing re-established. This would minimize traffic effects. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street forcelebrations, parades, local special events, and other purposes, when, in the opinion of iocal 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 process to the City Manager. Howeverthe 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 Temecula Community Services Department sponsored "Temecula's Holiday Light Parade" to the Director of Public Works/City Engineer. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subjectto 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 Califomia 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 City Maintenance Department, are included in budgetary items. ATTACHMENTS: 1. 2. Resolution No. 05-_. Parade Route and Limits of Road Closure RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S HOLIDAY LIGHT PARADE ON DECEMBER 2, 2005, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The California State Vehicle Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, The City of Temecula sponsors the annual "Temecula's Holiday Light Parade", for which such temporary street closures promote the safety and protection of persons using or proposing to use that street or streets for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for this annual "Temecula's Holiday Light Parade" on Friday, December 2, 2005; and NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve temporary street closures including Jefferson Avenue from Rancho California Road to Overland Drive, Del Rio Road, Calle Cortez, Las Haciendas Street, Commerce Center Drive, Via Montezuma between Jefferson Avenue and Diaz Road including the low flow crossing through Murrieta Creek, and Overland Drive west of Jefferson Avenue on Friday, December 2, 2005 beginning at 6:00 PM for the annual "Temecula's Holiday Light 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 as stated above for the annual "Temecula's Holiday Light Parade" on Friday, December 2, 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 this 22nd day of November, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of November, 2005, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk "- ~ ., , l~ IlOI.AI L \~ I I L . T emecuta Electric Light Parade Light Towers ~ '\ ~~~~~ ~~ ~~J-1 I _a_~t ->-- -' ~~\\-: '" ~ \ ::.--\. -' ~T>\ a . K~ ~\~pb=- \. ~~r -- ( ~p~ II b~' \ ~~ r-- :\' \ \ \ \_ uu L-. ::J--Il- - 888 E n.o. r 1 '\ I hi /'--' . \' . J\_ ......----- J - Closure r I r.' ~.t -;;:- \ '~~~ \~ ~ \:;\ ____ ~ · \~k-'~I ~ ~ 1\ \ \ J ).ll 8 idJ ~ \ L ~~~\ ,~ I OJ .-----' Ko ~ ~ \ b--l ~ 18 v- \ 1!-J Y B~ "~-::J 18 =rfUJ-- ~ ~1. - . \.->- ~ _ 111 r--:: 1~ I ~' \V- -4 -s;;) ,tJ \", ~ \\- ~ \ \ . / _~\I]1. ~ . ~/ Iii? I-- '11' .. ~.., CTk -~ ~ Judging A1ea H . ~. ! ....--~ " if 1,1~. _.) ,\1 ~\ J. \J 1 Vir Pa~ ( "'- 30 ~ { ~ L--. r\ \ ~\ ~ \ \)~ . ~~ I;' ..--i/ ~ ,~- OVI!~ "'f r Light Parade Route _..--- Staging Parade Route _e-Staging \ \ - ID 1 ChQ"" 2 Comer of Com..... CenW& VIe Moll........ 3 Comer of VIa MonIezllma & Del Rio 4 BeIween 13 & lie . ComlN'ofDeIRlo&la_ . LaM 7 RV Lot 8 _Ion . ComeT of Calle Co<1oz & Del RIo 10 _lol 1 f BJrdsells 14 Tomocula VaIIoy PIpe 12 _CMsUonCllurth 13 _CIvlslIonCbu<h 18 Excel 17 _polldnglot 18 NOl1hof_ 18 DIsoomt nIB ,. Inllonlof_ 20 110<_ Paddng at _ 22 _..... .. HoIday 1m I!lcproa 24 0W0tand Ildve d>lbI 2tI Bus Lot . 21 Corner of Overlend & CocnrnelcI Cen.... 27 _""'"'u.llIozRd 28 _Palldng._CaI&DlozRd .. _1'alfdnQ-RaIldloCal&__ 30 _Parthi. BuAless_ &....IeDat L0CA11ON TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 10 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER 8, 2005 A regular meeting of the City of Temecula Community Services District was called to order at 7:46 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Comerchero, Naggar, and and Washington ABSENT: 1 DIRECTORS: Roberts Also present were City Attorney Thorson and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 25, 2005. MOTION: Director Edwards moved to approve the Consent Calendar. Director Comerchero seconded the motion and electronic vote reflected approval with the exception of Director Roberts who was absent. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. GENERAL MANAGER'S REPORT No additional comments. BOARD OF DIRECTORS' REPORTS No additional comments. R:\Minutes\ 110805 ADJOURNMENT At 7:47 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 22, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\110BOS 2 ITEM NO. 11 Approvals a,./ City Attorney f""" . Director of Finance dR.. City Manager ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: General Manager/Board of Directors Herman D. Parker, Director of Community Services November 22, 2005 SUBJECT: Roripaugh Ranch Specific Plan No. 11 - Service Level C and Service Level D Rates and Charges PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD A RESOLUTION OF THE BOARD OF' DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C AND SERVICE LEVEL D RATES. AND. CHARGES FOR. THE RORIPAUGH RANCH SPECIFIC PLAN NO. 11 BEGINNING FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope landscaping maintenance; refuse/recycling collection services and unpaved road maintenance to numerous residential subdivisions within the City ofTemecula through Service Level "B", Service Level "C", Service Level "D" and Service Level "R" respectively. The boundaries of the TCSD are coterminous with the City and the City Council also serves as the Board of Directors of the TCSD. Roripaugh Ranch Specific Plan has been approved with open space, a commercial area, fire station, elementary and middle school, two (2) private recreational facilities, a five (5) acre public community park, 19 acre public sports park and approximately 1761 residential units. The above rates and charges will only be levied on single-family residential parcels. The development currently consists of approximately 769 gross acres of vacant property located along the northeastern boundary of the City of T emecula limits. The property owners have requested that the TCSD establish the future parcel charges necessary to provide ongoing revenue for perimeter landscaping and slope maintenance and refuse/recycling collection services within this development. All residential streets will be private and the residential streetlights will be maintained by the_ Homeowner's Association. In addition, TCSD proposes to include a cost of living escalator in the charge to keep Service Level C revenues in line with the costs of providing Service Level C services. Beginning fiscal year 2007- 2008, the annual Service Level C charge may increase by the lesser of the previous calendar year's Consumer Price Index for all Urban Consumers In the Los Angeles-Riverside-Orange County, California or five percent (5%). Beginning Fiscal Year 2006-2007, the following TCSD rates and charges are proposed for perimeter slope landscaping maintenance and refuse/recycling collection services within Roripaugh Ranch Specific Plan: Service Level C $26.00 per residential parcel $190.92 per occupied residential parcel Service Level D (2005-2006 Rate) Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and obtain voter or property owner approval in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to the property owners identifying the proposed rates and charges and with the date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the public hearing. The proposed rates and charges for Service Level C cannot be imposed unless the property owners approve the new charges. In accordance with Proposition 218, property owners shall receive notice of the proposed charges for Service Level D, however, mailed ballot proceedings are not required to impose rates and charges for refuse/recycling collection services. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed perimeter slope landscaping maintenance and refuse/recycling collection services rates and charges for Roripaugh Ranch Specific Plan beginning in Fiscal Year 2006-2007 and schedule a public hearing concerning this issue for January 10,2006. Staff will then proceed with noticing the owners of Roripaugh Ranch Specific Plan regarding the proposed rates and charges . and the public hearing date. If there is no majority protest against the rates and charges on January 10, 2006 staff will then proceed with the mailed ballot process for Service Level C.. FISCAL IMPACT: If voter approved, upon build out of the development, the proposed rates and charges of $26.00 per parcel will generate an annual levy of $45,786.00 for Service Level C. The proposed Service Level D charge of $190.92 per parcel will generate an annual levy of $336,210.12 (Pursuant to Proposition 218, this amount may be increased by the TCSD for Fiscal Year 2006-2007 after conducting an additional public hearing. However, mailed ballot proceedings are not required to increase Service Level D rates and charges.) Actual costs for providing long- term perimeter landscaping and slope maintenance services within Roripaugh Ranch Specific Plan will be determined on an annual basis and the escalator will be applied. The owners of Roripaugh Ranch Specific Plan has paid the administrative and mailing costs associated with the public notices and ballot information required per Proposition 218. ATTACHMENTS: 1. 2. 3. 4. Vicinity Map TCSD Landscape Maintenance Area Exhibits (8 pages) Notice of Public Hearing Resolution of Intention _ll8A.UC ~ FIGURE .E8-r ,- , . .( ATTACHMENT 1 Q.. (tJ ~ .~. ,"-- 'C '..01 ::;:' 01 (1)1 .~I 21 0.. . 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I .' ~ SEE BELOW LEFT \\HirschsOMlMUTOCADIAC_DWGS\99I99OO61DlJ..MASTER SlTEPLAN\12-12-03\s.1I2-11-04\24cskf(20f2).dwg. 111212005.11:11:58 AM, 1:1 " " ~ Attachment 3 (Two Pages) NOTICE OF PUBLIC HEARING TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED IMPOSITION OF SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES AGAINST THE RORIPAUGH RANCH SPECIFIC PLAN NO. 11 AREA BEGINNING IN FISCAL YEAR 2005-2006 The Temecula Community Services District (TCSD) has initiated proceedings to assume responsibility for perimeter landscaping and slope maintenance and refuse/recycling collection services within the Roripaugh Ranch Specific Plan No. 11 area beginning with the 2006-2007 fiscal year. In response to this request, and in accordance with Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of the parcels within the Roripaugh Ranch Specific Plan No. 11 area and the proposed amounts of the annual rates and charges for each parcel beginning in Fiscal Year 2005-2006. The TCSD Board of Directors will conduct a public hearing at the following date, time and location on the Report and the proposed imposition of rates and charges within the Roripaugh Ranch Specific Plan No. 11 area: Date: Time: Location: January 10, 2006 7:00 p.m. City Council Chambers City Hall 43200 Business Park Drive Temecula, California 92590 At the public hearing, the City Council and TCSD Board of Directors will hear and consider all objections or protests, if any, to the Report and to the proposed rates and charges. Any property owner may file with the City Clerk a written protest against the rates and charges at any time prior to the conclusion of the public hearing. The TCSD operates under the authority of the Community Services District Law and provides residential street lighting, perimeter landscaping and slope maintenance, unpaved street and road maintenance, and refuse/recycling collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TCSD. Property owners only pay for the services that they actually receive through separate rates and charges on their property tax bill. The services proposed to be provided to the Roripaugh Ranch Specific Plan No. 11 area by the TCSD are divided into two service. levels: 1. Service Level C Perimeter Landscaoina and Slooe Maintenance. The revenues from Service Level C charges are used to finance the operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the TCSD. The annual charge is calculated by dividing the total estimated cost for the fiscal year for landscaping and slope maintenance by the total number of proposed residential lots. For fiscal year 2006-2007, the Service Level C charge is proposed to be $26.00 per residential parcel. In addition, TCSD proposes to include a cost of living escalator in the charge to keep Service Level C revenues in line with the costs of providing Service Level C services. Beginning fiscal year 2007-2008, the annual Service Level C charge may increase by the lesser of (i) the percentage increase in the Los Angeles-Riverside-Orange County, CA Consumer Price Index for All Urban Consumers between January of the current calendar year and January of the previous calendar year or (ii) five percent. 2. Service Level 0 - Refuse/Recvclina Collection. The revenues from this Service Level are used to finance the operation and administration of the refuse/recycling collection program for all single-family residential homes. The annual charge is calculated by dividing the total estimated cost of residential service for the fiscal year by the total number of improved residential lots. For fiscal year 2005-2006, this amount is proposed to be no more than $190.92 per occupied residential parcel however this rate will change for fiscal year 2006-2007 based on CPI-U and the Riverside CounIy Landfill Tip Fee changes. If you have any questions about this notice or the proposed rates and charges, please do not hesitate to contact the TCSD at (951) 694-6480. 11087.0007858487.2 Attachment 4 RESOLUTION (Three Pages) Exhibit A INITIAL LEVY REPORT CITY OF TEMECULA (RORIPAUGH RANCH) INITIAL LEVY REPORT SERVICE LEVELS C AND D TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) COMMENCING FISCAL YEAR 2006/2007 Intent Meeting: November 22,2005 Public Hearing: January 10, 2006 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 Seattle, W A Oakland, CA Phoenix, AZ Sacramento, CA San Diego, CA WWW.IDunl.com TABLE OF CONTENTS INTRODUCTION............... ............. ................ ..... ............ ........ ............. .... 1 PLANS AND SPECIFICATIONS ..................................................................3 General Description of TCSD Services 3 Roripaugh Ranch Legal Description 3 Services and Charges 3 METHOD OF ApPORTIONMENT ................................................................ 6 TCSD LEVY SUMMARY AND PROPOSED CHARGES .................................. 8 ApPENDIX A - DIAGRAMS .....................................................................10 ApPENDIX B - PARCEL LISTING (FY 2006-2007)................................... 19 INTRODUCTION Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD") to provide specified services to properties within its jurisdiction previously provided by the County of Riverside ("County"). The boundary of the TCSD 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 TCSD. The TCSD collects property-related fees and charges (Charges) in order to provide services and maintain the improvements within the TCSD. The TCSD 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"). Pursuant to Government Code Section 61621.2, this Initial Levy Report ("Report") is prepared and presented to the Board to prescribe Service Level C and Service Level D Rates and Charges for the parcels and territory known as Roripaugh Ranch (a residential development) and its subsequent phases beginning Fiscal Year 2006-2007. The territory and properties identified and described in this Report includes all parcels within the development identified as Roripaugh Ranch, a future residential subdivision that consists of approximately seven hundred and sixty-eight (768.56) acres of vacant property located near the northern border of the City with 1,761 planned residential units. Major streets leading into the development include Pourroy Road on the north and Murrieta Hot Springs Road from the west to the middle of the development. Butterfield Stage Road bisects the development from north to south. The owners of record (five property owners) have requested that the TCSD establish the parcel charges and conduct a ballot proceeding as necessary to provide ongoing revenue for perimeter landscaping and slope maintenance and refuse collection within this future residential subdivision. Each fiscal year, an Annual Levy Report for the TCSD is prepared, filed and approved by the Board. This Annual Levy Report describes the TCSD, any changes to the TCSD and the proposed Charges for the fiscal year. Commencing with Fiscal year 2006-2007, the Roripaugh Ranch subdivision will be added to Service Levels C and D and levied for the corresponding rates and charges on the Riverside County Secured Roll. The TCSD provides residential street lighting, perimeter landscaping and slope maintenance, and refuse collection in numerous residential developments as well as road improvement and maintenance within specified areas of the TCSD. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), refuse collection (Service Level D), and road improvement and maintenance (Service Level R) services furnished by the TCSD, and has elected to have these rates and charges collected on the tax roll in the same manner and at the same time as, . MuniFinancial Page 1 Temecula Community Services District Roripaugh Ranch, Initial Levy Report for FY 2006.2007 together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Pursuant to Article xmD of the California Constitution (proposition 218) and CSD Law, the TCSD is required to hold a protest hearing (the "Public Hearing") and a ballot proceeding in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the District Secretary/City Clerk that identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to the property owner identifying the proposed rates and charges and the date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the Public Hearing. The proposed rates and charges for Service Level B and Service Level C cannot be imposed if majority protest of the new charges are submitted by the property owners of record. Ballot proceedings are not required to impose rates and charges for refuse collection services. IIMuniFinancial Page 2 PLANS AND SPECIFICATIONS GENERAL DESCRIPTION OF"TCSD SERVICES The TCSD provides certain property related services consisting of four (4) separate Service Levels to parcels throughout the TCSD. Each parcel within the TCSD 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. The Service Levels are identified as follows: · Residential Street Lighting (Not applicable to these Tracts) · Perimeter Landscaping and Slope Maintenance · Refuse Collection · Road Improvement and Maintenance (Not applicable to these Tracts) RORIPAUGH RANCH LEGAL DESCRIPTION The Roripaugh Ranch property is situated in the State of California, County of Riverside, City of T emecula, and the assessor parcel numbers included within the property are listed and described in Appendix B - Assessment Roll. SERVICES AND CHARGES The proposed services applicable to parcels within Roripaugh Ranch defined in Appendix B - Parcel Listing for which charges will be imposed beginning Fiscal Year 2006-2007 include: perimeter landscaping and slope maintenance; and refuse collection. Service Level B, Residential Street Lighting - includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on'going servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level Bare $25.68 per residential parcel and would be applied to parcels within Tracts that have street lighting improvements provided beginning in Fiscal Year 2006-2007. Roripaugh Ranch is proposed to have private street lighting and hence; Service Level B is not applicable to its tracts. Service Level C, Perimeter Landscaping and Slope Maintenance - includes all developed single family residential parcels and residential vacant parcels for which the TCSD 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 each III MuniRnancial Page 3 Temecula Community Services District Roripaugh Ranch, Initial Levy Report for FY 2006.2007 development. The landscaped areas associated with this specific development, Roripaugh Ranch, include, but are not limited to, a total of 192,700 square feet of perimeter and slope landscaping on: . Murrieta Hot Springs Road: 28,730 square feet · Murrieta Hot Springs Road Slope: 43,447 square feet · Butterfield Stage Road: 48,620 square feet · Fiesta Ranch Road: 5,578 square feet · Roripaugh Valley Road: 3,926 square feet · Nicolas Road: 6,013 square feet · North Loop Road: 23,440 square feet · North Loop Road Slopes: 32,946 square feet The level of maintenance required and the associated operating costs associated with Roripaugh Ranch parcels differ from all existing TCSD Service Level C-1 through C-11 rates and charges. The rate and charges which shall be applied to parcels within Roripaugh Ranch beginning in Fiscal Year 2006-2007 are $26.00 per residential parcel. A new TCSD Service Level, C-12, with a rate and charges of $26.00 per residential parcel, will be established for the rate to be charged to Roripaugh Ranch parcels, effective for Fiscal Year 2006-2007. Beginning with Fiscal Year 2006-2007, a cost of living adjustment is proposed to be introduced for TCSD Service Level C-12 only. This adjustment shall be equivalent to the lesser of 5% or the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index of All Urban Consumers (CPI-U), for the Los Angeles-Riverside-Orange County Area, for the previous calendar year. For Fiscal Year 2006-2007, the assessment rate for Service Level C-12 will be $26.00 per residential parcel. Beginning in the second fiscal year, Fiscal Year 2007-2008, the assessment rate for Service Level C-12 shall be increased by the approved annual CPI based adjustment. This increase shall be calculated independently of the TCSD's annual budget and proposed assessment. The annual percentage change in CPI shall be based on available data provided by the United States Department of Labor, Bureau of Labor Statistics at the time the annual Report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment less than or equal to the calculated assessment based on an annual CPI based adjustment is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. IlIMuniFinancial Page 4 Temecula Community Services District Roripaugh Ranch, Initial Levy Report for FY 2006.2007 Service Level D, Refuse Collection - provides for the operation and administration of the refuse collection program including recycling and street sweeping services for all single family residential homes within the TCSD. The current rate and charges for Service Level Dare $190.92 per single family residential home and will be applied to all parcels within Roripaugh Ranch that have been identified as developed with residential homes, beginning in Fiscal Year 2006-2007. A parcel is classified as a developed residential parcel when the City of Temecula's franchised hauler has identified it as having established refuse service by March 1 of the year prior to the fiscal year for which the charge is levied. Pursuant to Proposition 218, the rate and charges for this service may be increased by the TCSD after conducting an additional protest hearing on the matter. Mailed ballot proceedings are not required to establish Service Level D rates and charges. IIMuniFinancial Page 5 METHOD OF ApPORTIONMENT The cost to provide services within Roripaugh Ranch will be added to the Service Level and fairly distributed among each assessable property by the same method and formulas applied to all parcels within the various Service Levels of the TCSD. The following is the formula used to calculate each property's TCSD charges and is applied to Service Level B (Residential Street Lighting); Service Level C (perimeter Landscaping and Slope Maintenance); and Service Level D (Refuse Collection): Total Balance to Levy / Total Parcels (in Service Level) = Parcel Charge The following tables (Table I through III) reflect the levy calculations for each Service Level. TABLE I Parcel Charge Calculation for Service Level B (not applicable to Roripaugh Ranch) Table I: Service level B Charge per Parcel Multiplier ProDertv T VDe Planned Residential Subdivision Single Family Residential $ $ 25.68 25.68 Number of Parcels 1 Nole: A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not assessed. SelViee Level B is not charged for Roripaugh Ranch. Sources: City of Temecula; MuniFinancial BMuniRnancial Page 6 Temecula Community Services District Roripaugh Ranch, Initial Levy Report for FY 2006,2007 TABLE II Parcel Charge C.lculation for Service Level C Table II: Service level C Charge per Parcel Multiplier Prooerty T voe 1 Planned Residential Subdivision Single Family Residential $ $ 26.00 26.00 Number of Parcels 1 Note: A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not assessed. This amount may be increased annually by an approved cost of living adjustment. 1 $26.00 Service Level C-12 charges to be assessed per residential unit. Sources: City of Temecula; MuniFinancial TABLE III Parcel Charge Calculation for Service Level D Table III: Service level D Charge per Parcel Multiplier Prooertv Tvoe Planned Residential Subdivision Single Family Residential $ $ 190.92 190.92 Number of Parcels 1 Note: This charge is imposed only on developed single family residential parcels (with a residential home). Pursuant to Proposition 218, this amount may be increased by the TCSD after conducting an additional protest hearing. Sources: City of Temecula; MuniFinancial IIIMuniFinancial Page 7 TCSD LEVY SUMMARY AND PROPOSED CHARGES Each Service Level within the TCSD provides different and specific services to various parcels within the TCSD. The rates and charges prescribed for each service and level of service are proportionately spread to only those parcels that are provided each respective service (Service Levels). Table IV below provides general levy information for the various Service Levels within the entire TCSD for Fiscal Year 2005-2006. TABLE IV TCSD Budget and Service Level Summary For Fiscal Year 2005-2006 Fiscal Year 200512006 Charge Net Change Total Total Levy Per Levy Per Levy Total Levy Parcels Service Levels District Statistics Budget Unit Unit Units Charged Service Level B (Residential Street LIghting) $595,160 $25.68 0.00% 23,176.00 23,176 Service Level C (Local landscaping and Slopes) Rate Level #1 (C.1) $47,886 $46.00 0.00% 1,041.00 1,041 Rate Level #2 (C-2) 94,340 $89.00 0.00% 1,060.00 1,060 Rate level #3 (C.3) 195,924 $116.00 0.00% 1,689.00 1,689 Rate Level #4 (C-4) 405,300 $175.00 0.00% 2,316.00 2,316 Rate Level #5 (C-5) 94,010 $70.00 0.00% 1,343.00 1,343 Rate Level #6 (C-6) 54,675 $225.00 0.00% 243.00 243 Rate level #7 (C-7) 228,201 $129.00 0.00% 1,769.00 1,769 Rate Level #8 (C-8) 8,400 $20.00 100.00% 420.00 420 Rate level #9 (C-9) 44,000 $200.00 0.00% 220.00 220 Rate level #10 (C.10) 96,600 $100.00 0.00% 966.00 96. Rate level #11 (C.11) 0 $0.00 0.00% 8.00 0 Service level C . Total $1,269,336 11,075.00 11,067 Service level D (Citywide Recycling and Refuse) $4,457,218 $190.92 6.15% 23,346.00 23,346 Service level R (Roads) Rate level #1 (R.1) $7,261 $115.26 0.00% 63.00 7. Rate level #2 (R-2) 2,109 $95.86 0.00% 22.00 34 Service level R - Total $9,370 85.00 110 II MuniRnancial Page 8 Temecula Community Services District Roripaugh Ranch, Initial Levy Report for FY 2006.2007 Table V provides estimated annual levy information for the various TCSD Service Levels proposed for Roripaugh Ranch beginning in Fiscal Year 2006-2007. The "Total Levy Budget" and "Total Levy Units" reflect anticipated development at buildout. TABLE V PROPOSED SERVICE LEVEL CHARGES FOR RORIPAUGH RANCH Table IV: Proposed Budget and Charges for FY 2006-2007 Charge per Planned Service Level Total Levy Budget Levy Unit Levy Units Service Leve/ B ~ Residential Street Lighting $ $ 25.68 Service Level C ~ Local Landscaping and Slopes $ 45.786.00 $ 26.00 1.761 Service Leve/ D :: Refuse Collection $ 336.210.12 $ 190.92 1.761 Total $ 381,996.12 $ 1,761 1 No Service Level B Charges to be assessed. 2 $26.00 Service Level C-12 charges to be assessed per residential unit. 3 $190.92 Service Level D charges to be assessed per residential unit. Sources: MuniFinancial The "Planned Levy Units" and the resulting "Charge Per Levy Unit" (shown in Tables IV and V), reflect a method of apportionment that most fairly apportions the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and D are based on a per parcel count and includes all planned residential units and an estimate of future residential units to be developed within Roripaugh Ranch. IIMuniRnancial Page 9 ApPENDIX A - DIAGRAMS The Roripaugh Ranch Land Use Plan and the current Riverside County Assessor's Parcel Maps encompassing Roripaugh Ranch are provided on the following pages. The original maps and documents depicted in this Report are by reference made part of this Report. . MuniRnancial Page 10 a . rn DI!lDI!II!DDIiI~DOO~DD , 0 i 0 "'C-o~""'!""Om'QlJ((Izz::O:5"" ~ ~ ~ ~ ~ffi~5 fl5g~~~~ffia~~~ 0 0 ~5~g~5~~~~~$aO~~ c ~ ~ ~~ g~zg~~-oi~~~gffi . $ m ",,:O(11Z ((Izm_~J::rUlV>C_ ! ~rnv>~ ~~g~ 88~~~~ ~~5~ ~~~~ OO~:O~~ ((I ~ 5r~i J8. ~i~ iO '< ~ ~!g i~i~~~ [ ~ ~ ~ ~~~m~ ~ Ol' Q -I O$.a-r & !!l m ~ ~~ ~ 'iJ.;O g z a 0 <= -I ~ 2. l ?i ~ 3 . 0 ngg-o.....;lJ;::l/>Zz,6iS:!i:r- €I ",_-:cC"l-cJ"tl"1J(,,) - m ITJ > ~ __ 0 " !"$il~1Zf3t-'!d!D. ~~<;;~~~~ i}: " 0>... 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E~;; t:::i 06"l'!m ,00'" .1 ~, ~ m; .0. i . i @ JH:NlO1ll @ . oru. II ~ wu. ~' , l'~ I :;t_vun , I, ~?;.~~,,_S9NI;;;~\ own .ut:Jllfll i CD l @ \~: . '\ ,~ \". "1'11 .l.N:lVII'!I1 @ , Iq ~. II 1I @ << ~ 0.> @ a~ iili ~~ iH Temecula Community Services District Roripaugh Ranch, Initial Levy Report for FY2006.2001 ApPENDIX B - PARCEL LISTING (FY 2006-2007) The actual parcels subject to rates and charges for Service Level C and Service Level D beginning Fiscal Year 2006-2007 shall be those parcels within Roripaugh Ranch and subsequent phases identified on the Riverside County Secured Roll at the time all TCSD rates and charges are submitted to the County Auditor/Controller for inclusion on the tax roll for that fiscal year. The rates and method of apportionment outlined in this Report are consistent with the rates and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein. However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law. The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing. The following pages encompass a complete listing of all parcels within (Roripaugh Ranch) subject to the TCSD Service Level C and Service Level D rates and charges beginning with Fiscal Year 2006-2007. To the extent that these parcels will be further subdivided, the newly subdivided residential parcels will each be subject to the rates and amount charged and prescribed in this report for Service Level C and Service Level D. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. .MuniFinancial Page 19 Temecula Community Services District Roripaugh Ranch, Initial Levy Report for FY 2006.2007 Appendix B PARCEL LISTING Roripaugh Ranch (As of November 2005) IIMuniRnancial Page 20 Appendix B: Parcel Listing Pro Dosed FY 2006/2007 Charaes Assessor Planned Parcel Dwelling Service Service level Service level Number Phase Acreage Units Planned land Use Level B C-12 0 957,340,046 10.58 Habitat $ $ 957.340,048 19.11 98 Planned Residential Subdivision 2,548.00 18,710.16 957,340,049 0.27 Private Park 957,340,054 22.30 113 Planned Residential Subdivision 2,938.00 21,573,96 957,340,055 21.40 6 Landscaped Slopes/Planned Residential 156.00 1.145,52 957-340.057 3.73 Crown Ranch Road 957,340,058 1.71 Flood Control/Detention Basin 957,340,059 4.72 Private Recreation Center 957-340.060 S.34 Roripaugh Meadows Drive 957.340.061 4,10 Sweetwater Circle 957,710,001 0,17 1 Single Family Residential 26,00 190.92 957.710.002 0,17 1 Single Family Residential 26,00 190.92 957,710,003 0,16 1 Single Family Residential 26,00 190,92 957,710,004 0,15 1 Single Family Residential 26.00 190,92 957.710.005 0,15 1 Single Family Residential 26,00 190,92 9S7,71 0,006 0,15 1 Single Family Residential 26.00 190,92 957,710,007 0,15 1 Single Family Residential 26.00 190,92 957.710.008 0,14 1 Single Family Residential 26.00 190,92 957,710,009 0,13 1 Single Family Residential 26.00 190,92 957.710,010 0,13 1 Single Family Residential 26.00 190,92 957,710.011 0.13 1 Single Family Residential 26.00 190,92 957,710,012 0.13 1 Single Family Residential 26.00 190.92 957,711,001 0.20 1 Single Family Residential 26.00 190,92 957.711,002 0.16 1 Single Family Residential 26.00 190.92 957,711,003 0.15 1 Single Family Residential 26.00 190.92 957,711,004 0.15 1 Single Family Residential 26.00 190.92 957-711.005 0.15 1 Single Family Residential 26.00 190.92 957-711.006 0.15 1 Single Family Residential 26.00 190.92 957,711.007 0.31 1 Single Family Residential 26.00 190.92 957,711,008 0.26 1 Single Family Residential 26.00 190.92 957,711,009 0.30 1 Single Family Residential 26.00 190.92 957.711.010 0.18 1 Single Family Residential 26.00 190.92 957,711.011 0.14 1 Single Family Residential 26.00 190.92 957,711,012 0.16 1 Single Family Residential 26.00 190.92 957.711.013 0.15 1 Single Family Residential 26.00 190.92 957,711,014 0.15 1 Single Family Residential 26.00 190.92 957,711,015 0.17 1 Single Family Residential 26.00 190.92 957.711,016 0,20 1 Single Family Residential 26.00 190.92 957,711.017 0.15 1 Single Family Residential 26,00 190.92 957,711,018 0.14 1 Single Family Residential 26,00 190.92 957-711-019 0.14 1 Single Family Residential 26,00 190.92 957-711-020 0.14 1 Single Family Residential 26,00 190.92 957.711.021 0,14 1 Single Family Residential 26,00 190.92 957,711,022 0,16 1 Single Family Residential 26,00 190.92 957-711-023 0,13 1 Single Family Residential 26,00 190.92 957,711,024 0,15 1 Single Family Residential 26,00 190.92 957-711-025 0,17 1 Single Family Residential 26,00 190.92 957,711,026 0,13 1 Single Family Residential 26,00 190.92 957,711,027 0,13 1 Single Family Residential 26,00 190.92 957,711,028 0,12 1 Single Family Residential 26,00 190.92 957,711,029 0,13 1 Single Family Residential 26.00 190.92 957.711,030 0.13 1 Single Family Residential 26.00 190.92 957,711-031 0.13 1 Single Family Residential 26.00 190.92 957.711-032 0.13 1 Single Family Residential 26.00 190.92 957-711-033 0.13 1 Single Family Residential 26.00 190.92 957,711-034 0.13 1 Single Family Residential 26.00 190,92 957,711,035 0.15 1 Single Family Residential 26.00 190.92 957-711-036 0.14 1 Single Family Residential 26.00 190.92 957-711-037 0.14 1 Single Family Residential 26.00 190.92 957-711-038 0,14 1 Single Family Residential 26.00 190,92 MuniFinarn:ial Page 1 of6 October 2005 Appendix B: Parcel Listing Pro Dosed FY 2006/2007 Charaes Assessor Planned Parcel Dwelling Service Service Level Service level Number Phase Acreage Units Planned Land Use Level B C.12 0 957,711,039 I 0.14 1 Single Family Residential 26.00 190.92 957-711,040 I 0.14 1 Single Family Residential 26,00 190.92 957,711,041 I 0.14 1 Single Family Residential 26,00 190.92 9S7,711,042 I 0.15 1 Single Family Residential 26.00 190.92 957.711-043 I 0.13 1 Single Family Residential 26.00 190.92 957.711,044 I 0,15 1 Single Family Residential 26.00 190,92 957.712,001 I 0,15 1 Single Family Residential 26.00 190.92 957,712,002 I 0,13 1 Single Family Residential 26.00 190.92 957,712,003 I 0,14 1 Single Family Residential 26,00 190.92 957.712.004 I 0,13 1 Single Family Residential 26.00 190.92 957,712,005 I 0.16 1 Single Family Residential 26.00 190.92 957,712,006 I 0.21 1 Single Family Residential 26.00 190,92 957.712.007 I 0.16 1 Single Family Residential 26.00 190,92 957.712,006 I 0.12 1 Single Family Residential 26.00 190.92 957,712,009 I 0.13 1 Single Family Residential 26.00 190.92 957,712,010 0.12 1 Single Family Residential 26.00 190.92 957,712,011 0.12 1 Single Family Residential 26,00 190.92 957-712,012 0,12 1 Single Family Residential 26,00 190.92 957.712.013 0,12 1 Single Family Residential 26,00 190.92 957,712,014 0.12 1 Single Family Residential 26,00 190.92 957,713,001 0,12 1 Single Family Residential 26,00 190.92 957.713,002 0,12 1 Single Family Residential 26,00 190.92 957.713,003 0,12 1 Single Family Residential 26,00 190.92 957,713.004 0,12 1 Single Family Residential 26,00 190.92 957,713,005 0,12 1 Single Family Residential 26,00 190.92 957,713,006 0,11 1 Single Family Residential 26,00 190.92 957.713.007 0,15 1 Single Family Residential 26,00 190.92 957.713,006 0,17 1 Single Family Residential 26.00 190,92 957.713,009 0,14 1 Single Family Residential 26,00 190.92 957,713,010 0,14 1 Single Family Residential 26,00 190,92 9S7,713,Oll 0,13 1 Single Family Residential 26,00 190.92 957,713-012 0,14 1 Single Family Residential 26,00 190.92 957,713,013 0.23 1 Single Family Residential 26,00 190.92 957,720-001 0,13 1 Single Family Residential 26,00 190.92 957.720-002 0,13 1 Single Family Residential 26,00 190,92 957,720,003 0.13 1 Single Family Residential 26,00 190.92 957.720.004 0.12 1 Single Family Residential 26,00 190.92 957,720,005 0.13 1 Single Family Residential 26.00 190.92 957,720,006 0.12 1 Single Family Residential 26.00 190,92 957.720.007 0.12 1 Single Family Residential 26,00 190,92 957.720.006 0.13 1 Single Family Residential 26.00 190,92 957,720,009 0.13 1 Single Family Residential 26.00 190,92 957,720,010 0.15 1 Single Family Residential 26.00 190.92 957,720,011 0.21 1 Single Family Residential 26.00 190.92 957,720-012 0.16 1 Single Family Residential 26.00 190,92 957,720-013 0.16 1 Single Family Residential 26.00 190,92 957,720,014 0.12 1 Single Family Residential 26.00 190.92 9S7,721,OOl 0.13 1 Single Family Residential 26.00 190,92 957,721,002 0.12 1 Single Family Residential 26.00 190.92 957,721,003 0.12 1 Single Family Residential 26.00 190,92 957,721,004 0.12 1 Single Family Residential 26.00 190,92 957,721,005 0.12 1 Single Family Residential 26.00 190,92 957,721,006 0.12 1 Single Family Residential 26.00 190,92 957,721,007 0.12 1 Single Family Residential 26.00 190,92 957,721,006 0.12 1 Single Family Residential 26.00 190,92 957,721,009 0.12 1 Single Family Residential 26.00 190.92 957-721.010 0.12 1 Single Family Residential 26.00 190.92 957,721,011 0.14 1 Single Family Residential 26.00 190,92 957.721.012 0.15 1 Single Family Residential 26.00 190.92 957,721,013 0.13 1 Single Family Residential 26,00 190.92 957-721.014 0,13 1 Single Family Residential 26.00 190,92 MuniFinarn:ia/ Page 2 of6 October 2005 Appendix B: Parcel Listing Pro Dosed FY 2006/2007 Charaes Assessor Planned Parcel Dwelling Service Service level Service level Number Phase Acreage Units Planned Land Use LevelB C-12 D 957,721,01S 0.13 1 Single Family Residential 26.00 190,92 957,721,016 0.13 1 Single Family Residential 26.00 190,92 957.721,017 0.13 1 Single Family Residential 26.00 190.92 957.721.016 0.13 1 Single Family Residential 26.00 190.92 9S7,721,019 0.13 1 Single Family Residential 26.00 190.92 957.721.020 0.12 1 Single Family Residential 26.00 190.92 957,721,021 0.12 1 Single Family Residential 26,00 190.92 957-721,022 0.12 1 Single Family Residential 26,00 190.92 957,722,001 0.17 Other Vacant Land, Open Space 957-722,002 0.04 Other Vacant land, Open Space 957,722.003 0,13 1 Single Family Residential 26.00 190.92 957,722,004 0,13 1 Single Family Residential 26.00 190.92 957-722,005 0,13 1 Single Family Residential 26.00 190.92 957,722,006 0.14 1 Single Family Residential 26.00 190.92 957,722,007 0.14 1 Single Family Residential 26.00 190.92 957,722,008 0.13 1 Single Family Residential 26,00 190.92 957,722,009 0.13 1 Single Family Residential 26.00 190.92 957,722,010 0.14 1 Single Family Residential 26,00 190.92 957-722,011 0.15 1 Single Family Residential 26,00 190,92 957-722.012 0.13 1 Single Family Residential 26,00 190,92 957,722,013 0.14 1 Single Family Residential 26.00 190,92 957,722,014 0.12 1 Single Family Residential 26.00 190,92 957-722.015 0.12 1 Single Family Residential 26.00 190,92 957,722,016 0.12 1 Single Family Residential 26.00 190,92 957,722,017 0.14 1 Single Family Residential 26.00 190,92 957.722,018 0.15 1 Single Family Residential 26.00 190,92 957,722,019 0.13 1 Single Family Residential 26.00 190,92 957,722,020 0.13 1 Single Family Residential 26.00 190,92 957.722.021 0.13 1 Single Family Residential 26,00 190.92 957.722.022 0.13 1 Single Family Residential 26,00 190.92 957,722,023 0.13 1 Single Family Residential 26.00 190,92 957.722,024 0.13 1 Single Family Residential 26.00 190,92 957.722.025 0.05 Other Vacant Land, Open Space 957,722,026 0.12 Single Family Residential 26.00 190,92 957,722,027 0.12 Single Family Residential 26.00 190,92 957,722,028 0.12 Single Family Residential 26.00 190,92 957.722.029 0.12 Single Family Residential 26.00 190,92 957.722,030 0.13 Single Family Residential 26.00 190.92 957,723,001 0.12 Single Family Residential 26.00 190,92 957,723,002 0.13 Single Family Residential 26.00 190.92 957.723,003 0.12 Single Family Residential 26.00 190.92 957.723.004 0.12 Single Family Residential 26.00 190.92 957,723,005 0.12 Single Family Residential 26.00 190.92 957,723,006 0.12 Single Family Residential 26.00 190.92 957,723,007 0.12 Single Family Residential 26.00 190.92 957.723.008 0.13 Single Family Residential 26.00 190.92 957,723.009 0.12 Single Family Residential 26.00 190.92 957,723,010 0.20 Single Family Residential 26.00 190.92 957-723.011 0.09 Other Vacant Land, Open Space 957,723,012 0,22 Single Family Residential 26.00 190,92 957-723.013 0,26 Single Family Residential 26.00 190,92 957.723.014 0.17 Single Family Residential 26.00 190,92 957,723-015 0.11 Single Family Residential 26.00 190,92 957.723-016 0.13 Single Family Residential 26.00 190,92 957,723,017 0.14 Single Family Residential 26.00 190.92 957,723-018 0,14 Single Family Residential 26.00 190,92 957,723-019 0,14 Single Family Residential 26.00 190,92 957-723-020 0.17 Single Family Residential 26.00 190,92 957,723-021 0,15 Single Family Residential 26.00 190.92 957.723,022 0,13 Single Family Residential 26.00 190.92 957-723.023 0.13 Single Family Residential 26.00 190.92 MuniFinancial PageJof6 October 1005 Appendix B: Parcel Listing Pro Dosed FY 2006/2007 Charoes Assessor Planned Parcel Dwelling Service Service Level Service level Number Phase Acreage Units Planned land Use Level B C-12 0 957.723.024 0.13 1 Single Family Residential 26.00 190.92 957,723,025 0.13 1 Single Family Residential 26,00 190.92 957,723,026 0.13 1 Single Family Residential 26,00 190.92 957-723-027 0.13 1 Single Family Residential 26,00 190.92 957-723.028 0.13 1 Single Family Residential 26,00 190.92 957,723,029 0.19 1 Single Family Residential 26,00 190.92 957.730,001 0.13 1 Single Family Residential 26,00 190.92 9S7,730,002 0.19 1 Single Family Residential 26,00 190.92 957,730,003 0,18 1 Single Family Residential 26,00 190.92 957.730.004 0,18 1 Single Family Residential 26,00 190,92 957.730-005 0.14 1 Single Family Residential 26.00 190.92 957-730.006 0.14 1 Single Family Residential 26,00 190.92 957.730.007 0.13 1 Single Family Residential 26,00 190.92 957,730,008 0.13 1 Single Family Residential 26,00 190.92 957.730.009 0.13 1 Single Family Residential 26,00 190.92 957,730,010 0.13 1 Single Family Residential 26,00 190.92 957.730,011 0.13 1 Single Family Residential 26,00 190.92 9S7,731,OOl 0.22 1 Single Family Residential 26.00 190,92 957,731,002 0.19 1 Single Family Residential 26.00 190,92 957,731,003 0,20 1 Single Family Residential 26.00 190,92 957.731.004 0.16 1 Single Family Residential 26.00 190,92 957,731,005 0.16 1 Single Family Residential 26.00 190,92 957,731,006 0.16 1 Single Family Residential 26.00 190,92 957,731,007 0.16 1 Single Family Residential 26.00 190,92 957,731,008 0.17 1 Single Family Residential 26.00 190,92 957.731.009 0.16 1 Single Family Residential 26.00 190.92 957-731.010 0.16 1 Single Family Residential 26.00 190.92 957,731,011 0.17 1 Single Family Residential 26.00 190,92 957-731.012 0.17 1 Single Family Residential 26,00 190.92 957.731.013 0.19 1 Single Family Residential 26,00 190.92 957,732.001 0.13 1 Single Family Residential 26.00 190.92 9S7,732,002 0.12 1 Single Family Residential 26,00 190.92 957,732,003 0.13 1 Single Family Residential 26,00 190.92 957,732,004 0.13 1 Single Family Residential 26.00 190.92 957.732.005 0,12 1 Single Family Residential 26.00 190.92 957.732.006 0,13 1 Single Family Residential 26,00 190.92 957,732,007 0.13 1 Single Family Residential 26,00 190.92 957,732,008 0.13 1 Single Family Residential 26,00 190.92 957.732.009 0.13 1 Single Family Residential 26.00 190.92 957,732-010 0.15 1 Single Family Residential 26.00 190.92 957,732-011 0.13 1 Single Family Residential 26.00 190.92 9S7,732,012 0.14 1 Single Family Residential 26.00 190.92 957,732-013 0.13 1 Single Family Residential 26.00 190,92 957.732.014 0.12 1 Single Family Residential 26.00 190,92 957,732,015 0.13 1 Single Family Residential 26.00 190.92 957.732.016 0.13 1 Single Family Residential 26.00 190.92 957,732.017 0.12 1 Single Family Residential 26.00 190.92 957,732,018 0.12 1 Single Family Residential 26.00 190.92 957.732.019 0.12 1 Single Family Residential 26.00 190.92 957,732,020 0.15 1 Single Family Residential 26,00 190.92 957.733,001 0.19 1 Single Family Residential 26.00 190.92 957,733.002 0.14 1 Single Family Residential 26,00 190.92 957,733,003 0,14 1 Single Family Residential 26.00 190.92 957.733.004 0,14 1 Single Family Residential 26,00 190.92 957-733-005 0.14 1 Single Family Residential 26,00 190.92 957,733,006 0.17 1 Single Family Residential 26,00 190.92 957,733,007 0.23 1 Single Family Residential 26,00 190.92 957.733.008 0.18 1 Single Family Residential 26,00 190,92 957,733,009 0.14 1 Single Family Residential 26.00 190,92 957,733,010 0.13 1 Single Family Residential 26.00 190,92 957,733.011 0.13 1 Single Family Residential 26.00 190,92 MuniFinam:ial Page 4 of6 October 1005 Appendix B: Parcel Listing Pro Dosed FY 2006/2007 Charaes Assessor Planned Parcel Dwelling Service Service level Service Level Number Phase Acreage Units Planned land Use Level B C-12 0 957,733,012 I 0.13 1 Single Family Residential 26.00 190.92 957.733.013 I 0.14 1 Single Family Residential 26.00 190.92 957.733.014 I 0.19 1 Single Family Residential 26.00 190.92 957,733,015 I 0.23 1 Single Family Residential 26.00 190.92 957.733.016 I 0.18 1 Single Family Residential 26.00 190.92 957,733,017 I 0.10 1 Single Family Residential 26.00 190.92 957,733,018 I 0,15 1 Single Family Residential 26.00 190.92 957.733.019 I 0.11 1 Single Family Residential 26.00 190.92 957,733,020 I 0.14 1 Single Family Residential 26.00 190.92 957-733.021 I 0.15 1 Single Family Residential 26.00 190.92 957,733,022 I 0.16 1 Single Family Residential 26.00 190.92 957-733.023 I 0.15 1 Single Family Residential 26.00 190.92 957.733.024 I 0.16 1 Single Family Residential 26.00 190.92 957,733,025 I 0.15 1 Single Family Residential 26.00 190.92 957.733.026 0.15 1 Single Family Residential 26.00 190.92 957,733,027 0.15 1 Single Family Residential 26.00 190.92 957.733.026 0.14 1 Single Family Residential 26.00 190.92 957,740,001 0.13 1 Single Family Residential 26.00 190.92 957.740.002 0.13 1 Single Family Residential 26.00 190.92 957.740,003 0.13 1 Single Family Residential 26.00 190.92 957,740,004 0,13 1 Single Family Residential 26,00 190.92 957,740.005 0,13 1 Single Family Residential 26.00 190.92 957-740,006 0,13 1 Single Family Residential 26.00 190.92 957,740,007 0.13 1 Single Family Residential 26,00 190.92 957,740,008 0.14 1 Single Family Residential 26.00 190.92 957.740.009 0.13 1 Single Family Residential 26.00 190.92 957,740,010 0.13 1 Single Family Residential 26,00 190.92 957.740.011 0.14 1 Single Family Residential 26,00 190.92 957,740,012 0.04 Other Vacant Land, Open Space 957,741,001 0.17 Single Family Residential 26,00 190.92 957,741,002 0.13 Single Family Residential 26.00 190.92 957,741,003 0.13 Single Family Residential 26.00 190.92 957.741.004 0.13 Single Family Residential 26.00 190.92 957,741,005 0.14 Single Family Residential 26.00 190.92 957.741.006 0.13 Single Family Residential 26.00 190.92 957,741,007 0.13 Single Family Residential 26.00 190,92 957,741,008 0.12 Single Family Residential 26.00 190.92 957,741,009 0.13 Single Family Residential 26.00 190.92 957,741,010 0.12 Single Family Residential 26.00 190,92 957.741,011 0.15 Single Family Residential 26.00 190,92 957,741,012 I 0.17 Single Family Residential 26.00 190,92 957,741,013 I 0.19 Single Family Residential 26,00 190.92 957,741,014 I 0,14 Single Family Residential 26.00 190.92 957,741,015 I 0,14 Single Family Residential 26.00 190,92 957,741,016 I 0,14 Single Family Residential 26.00 190,92 957,741,017 I 0.14 Single Family Residential 26.00 190,92 957.741.018 I 0.14 Single Family Residential 26.00 190,92 957,741,019 I 0.14 Single Family Residential 26.00 190.92 957,741,020 I 0.14 Single Family Residential 26.00 190,92 957,741,021 0.15 Single Family Residential 26.00 190.92 957.741,022 0.17 Single Family Residential 26.00 190.92 957,742,001 0.18 Single Family Residential 26.00 190.92 957,742,002 0.15 Single Family Residential 26.00 190.92 957.742.003 0.14 Single Family Residential 26.00 190.92 957,742,004 0.14 Single Family Residential 26,00 190.92 957.742.005 0.14 Single Family Residential 26,00 190.92 957,742,006 0.14 Single Family Residential 26,00 190.92 957,742,007 0.14 Single Family Residential 26,00 190.92 957,742,006 0.14 Single Family Residential 26,00 190,92 957-742-009 0.14 Single Family Residential 26.00 190,92 957-742-010 0.14 Single Family Residential 26.00 190,92 MuniFinancial Page j of6 October 1005 Appendix B: Parcel Listing Assessor Parcel Number Phase 957,742,011 957-742-012 957.743.001 957.743.002 957,743,003 957,743,004 957.743,005 957,743,006 957.743.007 957,743,008 958.260.013 958,260,014 958,260,015 958-260-016 958,260,017 958.260,018 958,260,019 958.260.020 958,260,021 958-260,022 958,260,023 958,810,001 958.810.002 958,810,006 958,810,007 958,810,008 958.810.009 958,810,010 958.810.011 958,810,012 958.810.013 958,810,014 958.810.015 Total Acreage 0,15 0.21 0,16 0,16 0.16 0.17 0.17 0.18 0.18 0.07 13.59 14.09 19.66 20.04 12,13 1,95 3,57 1.40 0.22 295,08 179,55 3,86 6,64 2,08 9.16 1.00 6.80 8.12 15.19 16,01 1,16 0.22 0,29 Planned Dwelling Units 1 1 1 1 1 1 1 1 1 Service LevelB PrODosed FY 2006/2007 Charaes Planned Land Use Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential Other Vacant land, Open Space Planned Residential Subdivision Planned Residential Subdivision Sports Pari<lFlood Control School School Fire Station Planned Residential Subdivision Sports Park/Flood Control Fire Station Planned Residential Subdivision Habitat Habitat Neighborhood Park Planned Residential Subdivision 15 Planned Residential Subdivision Flood Control Habitat 11 Planned Residential Subdivision Neighborhood Commercial Planned Residential Subdivision Planned Residential Subdivision Neighborhood Park Flood Control 154 159 762 145 ~~ $ Service level Service level C,12 0 26,00 190.92 26.00 190.92 26,00 190.92 26,00 190.92 26,00 190.92 26,00 190.92 26.00 190.92 26,00 190.92 26.00 190.92 4,004.00 4.134.00 29,401.68 30,356.28 19.812,00 145.481,04 390.00 2.863,80 286.00 2,100.12 3,770,00 27,683,40 $ 45,786.00 $ 336,210.12 Note: Based on 1,761 Planned Residential Units: 515 for Phase I and 1 ,246 for Phase II. 1 No Service level B Charges to be assessed. 2 $26.00 SefVicelevel (;,12 d1arges to be assessed per residential unit. 3 $190.92 Service level D d1arges to be assessed per residential unit. Sources: City of Temecufa; MuniFinancial. MuniFinancial Page 60f6 October 2005 RESOLUTION NO. CSD 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR THE RORIPAUGH RANCH SPECIFIC PLAN NO. 11 AREA BEGINNING FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE 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. The TCSD provides perimeter landscaping and slope landscape maintenance and refuse/recycling collection services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for perimeter landscaping and slope maintenance (Service Level C) and refuse recycling collection (Service Level D) 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, its general taxes .in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD hereby initiates proceedings to provide perimeter landscaping and slope maintenance and refuse/recycling collection services within the Roripaugh Ranch Specific Plan No. 11 area beginning Fiscal Year 2006-2007. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, (Exhibit A) which Report contains a description of the real property and the proposed amount of the Service Level C and Service Level D rates and charges required for perimeter landscaping and slope maintenance and refuse and recycling services provided to each parcel within the Roripaugh Ranch Specific Plan No. 11 area beginning fiscal year 2006-2007. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and 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, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are 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 or a bona fide encumbrance 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 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of January 10, 2006 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level C and Service Level D rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 22nd day of November, 2005. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of T emecula, do hereby certify that the foregoing Resolution No. CSD 05- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 22nd day of November , 2005, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary ITEM NO. 12 Approvals City Attorney Director of Finance City Manager ~ ~ i:II!- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: General Manager/Board of Directors Herman D. Parker, Director of Community Services DATE: November 22, 2005 SUBJECT: Tract Map No. 31344 - Service Level B, Service Level C and Service Level D Rates and Charges PREPARED BY: RECOMMENDATION: Barbara Smith, Senior Management Analyst That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COM MUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVELD RATES AND CHARGES FOR TRACT MAP NO. 31344 BEGINNING FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: 'The T emecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope landscaping maintenance; refuselrecycling collection services and unpaved road maintenance to numerous residential subdivisions within the City ofTemecula through Service Level "B", Service Level "C", Service Level "D" and Service Level "R" respectively. The boundaries of the TCSD are coterminous with the City and the City Council also serves as the Board of Directors of the TCSD. Tract Map No. 31344 is a future 10 lot residential development. The development consists of approximately 3.3 gross acres of vacant property located on the southeast comer of Rancho Vista and Ynez Roads. The property owner has requested that the TCSD establish the future parcel changes necessary to provide ongoing revenue for residential street lights, perimeter landscaping and slope maintenance and refuse/recycling collection services within this development. In addition, TCSD proposes to include a cost of living escalator in the charge to keep Service Level C revenues in line with the costs of providing Service Level C services. Beginning fiscal year 2007- 2008, the annual Service Level C charge may increase by the lesser of the previous calendar year's Consumer Price Index for all Urban Consumers in the Los Angeles-Riverside-Orange County, California or five percent (5%). Beginning Fiscal Year 2006-2007, the following TCSD rates and charges are proposed for perimeter landscaping and slope maintenance and refuse/recycling collection services within Tract Map No. 31344: Service Level B $ 25.68 per residential parcel Service Level C $315.00 per residential parcel $190.92 per occupied residential parcel Service Level D (2005-2006 Rate) Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and obtain voter or property owner approval in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to the property owners identifying the proposed rates and charges and with the date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the public hearing. The proposed rates and charges for Service Level B and Service Level C cannot be imposed unless the property owners approve the new charges. In accordance with Proposition 218, property owners shall receive notice of the. proposed charges for Service Level D, however, mailed ballot proceedings are not required to impose rates and charges for refuse/recycling collection services. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed perimeter landscaping and slope maintenance and refuse/recycling collection services rates and charges for Tract Map No. 31344 beginning in Fiscal Year 2006-2007 and schedule a public hearing concerning this issue for January 10, 2006. Staff will then proceed with noticing the owner of Tract Map No. 31344 regarding the proposed rates and charges and the public hearing date. If there is no majority protest against the rates and charges on January 10, 2006 staff will then proceed with the mailed ballot process for Service Level B and Service Level C. FISCAL IMPACT: If voter approved, upon build out of the development, the proposed rate and charge of $25.68 per parcel will generate an annual levy of $256.80 for Service Level Band $315.00 per parcel will generate an annual levy of $3,150.00 for Service Level C. The proposed. Service Level D charge of $190.92 per parcel will generate an annual levy of $1 ,909.20 (Pursuant to Proposition 218, this amount may be increased by the TCSD for Fiscal Year 2006-2007 after conducting an additional public hearing. However, mailed ballot proceedings are not required to increase Service Level D rates and charges.) Actual costs for providing long-term perimeter landscaping and slope maintenance services within Tract Map No. 31344 will be determined on an annual basis and the escalator will be applied. The owner of Tract Map No. 31344 have paid the administrative and mailing costs associated with the public notices and ballot information required per Proposition 218. ATTACHMENTS: 1. Vicinity Map / TCSD Landscape Maintenance Area Exhibits Notice of Public Hearing Resolution of Intention 2. 3. Attachment 1 Vicinity Map and TCSD Landscape Maintenance Area Exhibit ~ ~ ~~ ,... -,:. I:J~ :iI en :IIa a ~ ~s m en~ ~ :1:)> ~ ~~ . ~ ~!l! :II C m ~ !IJ ~ - - I 1'" N_ N CD 'Q). .. - ~(Q . N .....m m en enen o "TI "T1"T1 X ~ . ~~ (A j..,' . ",g li )>)> :II on 'eJ ~ ~ ~ . la!I'1 I m II ~ ~ In!1 I i I III . ~ q F n s: z () ~ 'I ~ ~ ~'"U ~ n I ~ . ~ tri ~~~ ~ " .~ Attachment 2 (Two Pages) NOTICE OF PUBLIC HEARING TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED IMPOSITION OF SERVICE LEVEL B, SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES AGAINST RESIDENTIAL LOTS WITHIN TRACT MAP NO. 31344 BEGINNING IN FISCAL YEAR 2006-2007 The Temecula Community Services District (TCSD) has initiated proceedings to assume responsibility for residential street lighting, perimeter landscaping and slope maintenance and refuse/recycling collection services within Tract Map No. 31344 beginning with the 2006-2007 fiscal year. In response to this request, and in accordance with Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of the parcels within Tract Map No. 31344 and the proposed amounts of the annual rates and charges for each parcel beginning in Fiscal Year 2006-2007. The TCSD Board of Directors will conduct a public hearing at the following date, time and location on the Report and the proposed imposition of rates and charges within Tract Map No. 31344: Date: Time: Location: January 10, 2006 7:00 p.m. City Council Chambers City Hall 43200 Business Park Drive Temecula, California 92590 At the public hearing, the City Council and TCSD Board of Directors will hear and consider all objections or protests, if any, to the Report and to the proposed rates and charges. Any property owner may file with the City Clerk a written protest against the rates and charges at any time prior to the conclusion of the public hearing. The TCSD operates under the authority of the Community Services District Law and provides residential street lighting, perimeter landscaping and slope maintenance, unpaved street and road maintenance, and refuse/recycling collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TCSD. 11087.0007 857307.3 Property owners only pay for the services that they actually receive through separate rates and charges on their property tax bill. The services proposed to be provided to Tract Map No. 31344 by the TCSD are divided into three service levels: 1. Service Level B - Residential Street Liahts. The revenues from this Service Level are used to finance the operation, maintenance, utility costs and administration of residential streetlights. The annual charge is calculated by dividing the total estimated cost for the fiscal year by the total number of improved residential lots with residential streetlights. For fiscal year 2006-2007, this amount is proposed to be no more than $25.68 per residential parcel. 2. Service Level C - Perimeter Landscapina and Slope Maintenance. The revenues from Service Level C charges are used to finance the operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the TCSD. The annual charge is calculated by dividing the total estimated cost for the fiscal year for landscaping and slope maintenance by the total number of proposed residential lots. For fiscal year 2006-2007, the Service Level C charge is proposed to be $315.00 per residential parcel. In addition, TCSD proposes to include a cost of living escalator in the charge to keep Service Level C revenues in line with the costs of providing Service Level C services. Beginning fiscal year 2007-2008, the annual Service Level C charge may increase by the lesser of (i) the percentage increase in the Los Angeles-Riverside-Orange County, CA Consumer Price Index for All Urban Consumers between January of the current calendar year and January of the previous calendar year or (ii) five percent. 3. Service Level D - Refuse/Recvclina Collection. The revenues from this Service Level are used to finance the operation and administration of the refuse/recycling collection program for all single-family residential homes. The annual charge is calculated by dividing the total estimated cost of residential service for the fiscal year by the total number of improved residential lots. For fiscal year 2005-2006, this amount is $190.92 per occupied residential parcel. This rate will change for fiscal year 2006-2007. If you have any questions about this notice or the proposed rates and charges, please do not hesitate to contact the TCSD at (951) 694-6480. - 2- 990211 11086-??oo7 rdw 1102106 0 Attachment 3 Resolution RESOLUTION NO. CSD 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR THE TRACT MAP NO. 31344 BEGINNING FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE 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. The TCSD provides perimeter landscaping and slope landscape maintenance services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C) and refuse/recycling collection (Service Level D) 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, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD hereby initiates proceedings to provide residential street lighting, perimeter landscaping and slope maintenance and refuse/recycling collection services within Tract Map No. 31344 beginning Fiscal Year 2006-2007. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, (Exhibit A) which Report contains a description of the real property and the proposed amount of the Service Level B, Service Level C and Service Level D rates and charges required for residential street lighting; perimeter landscaping and slope maintenance; and refuse and recycling collection services provided to each parcel within Tract Map Mo. 31344 beginning fiscal year 2006-2007. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and 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, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are 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 or a bona fide encumbrance 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 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of January 10, 2006 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level B, Service Level C and Service Level D rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 22nd day of November, 2005. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 05- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 22nd day of November , 2005, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Exhibit A PROJECT SUMMARY CITY OF TEMECULA TRACT MAP NO. 31344 INITIAL LEVY REPORT Service Levels B, C and D Temecula Community Services District (TCSD) Commencing Fiscal Year 2006-2007 INTENT MEETING: PUBLIC HEARING: November 22, 2005 January 10, 2006 INTRODUCTION: A. The TCSD Since December I, 1989, the Temecula Community Services District ("TCSD") has provided residential street lighting, perimeters landscaping and slope maintenance, refuse and recycling collection and other services to properties within its jurisdiction. The boundary of the TCSD is coterminous with the boundary of the City of Temecula ("City"). To fund its services and maintain improvements within its boundaries, the TCSD collects rates and charges ("Charges"). The TCSD was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), refuse/recycling collection (Service Level D), and unpaved road improvement and maintenance (Service Level R) services furnished by the TCSD, 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. As required by these sections of the Government Code, the TCSD Board approves an Annual Levy Report each year describing the proposed rates and charges for that year. B. This Report This Initial Levy Report ("Report") is prepared and presented to the Board pursuant to Section 61621.2 of the Government Code to prescribe Rates and Charges beginning in FY 2006-2007 for the parcels and territory identified as Tract Map No. 31344. The territory identified and described in this Report includes all residential parcels within the Tract Map No. 31344, a future residential subdivision that consists of 3.3 gross acres of vacant property located to the southeast comer of Rancho Vista and Ynez Roads, with 10 planned residential parcels. The owner of record (sole property owner) has requested that the TCSD establish the parcel charges necessary to provide ongoing revenue for residential street lighting, perimeter landscaping and slope maintenance, and refuse/recycling collection services within this future residential subdivision. PLANS AND SPECIFICATIONS A. Period Covered By Report This Report describes rates and charges to be imposed for Fiscal Year 2006-2007. The expectation of the TCSD is that these rates and charges will continue to be imposed on an annual basis thereafter in connection with the TCSD's annual rate and charge levy proceedings. B. Parcels Affected By This Report The rates and charges set forth in this Report shall affect all residential parcels included on Tract Map No. 31344. C. Description of Service Levels The proposed services to be provided to parcels within Tract Map No. 31344 include: residential street lighting; perimeter landscaping and slope maintenance; and refuse/recycling collection services. Service Level B, Residential Street Lighting - includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on-going servicing, operation, and maintenance of local street lighting improvements. The rate and charge for Tract Map No. 31344 for Service Level B is 25.68 per year which will generate annual revenue of $256.80. Service Level C, Perimeter Landscaping and Slope Maintenance - includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways, open space lots and dedicated easements adjacent to and associated with this development. The landscaped areas associated with this particular development include, but are not limited to, perimeter slope and landscaping, as follows: . The parkways along both Rancho Vista and Ynez Roads within the project's northern and western boundary. . Within open space Lots II and 12 and along the northern perimeter of residential Lot I and the western perimeter of Lot 10. The cost of providing these services for these areas of slopes and landscaping is estimated to be $3,150.00 per year. This cost shared equally between all 10 residential lot property owners sets the annual rate for Service Level C at $315.00 per residential lot. Beginning with Fiscal Year 2006-2007, a cost of living adjustment is proposed to be introduced for this development. This adjustment shall be equivalent to the lesser of 5% or the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index of All Urban Consumers (CPI-U), for the Los Angeles- Riverside-Orange County Area, for the previous calendar year. For Fiscal Year 2006-2007 the assessment rate for this project will be $315.00 per residential parcel. Beginning in the second fiscal year, Fiscal Year 2007-2008, the assessment rate for this project shall be increased by the approved annual CPI-U based adjustment. This increase shall be calculated independently of the TCSD's annual budget and proposed assessment. The annual percentage change in CPI-U shall be based on available data provided by the United States Department of Labor, Bureau of Labor Statistics at the time the annual report is prepared. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. Any proposed annual assessment less than or equal to the calculated assessment based on an annual CPI based adjustment is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Service Level D, Refuse and Recycling Services - provides for the operation and administration of the refuse/recycling collection program for single-family residential homes within the TCSD. The current cost of providing these services to single family residential homes for Fiscal Year 2005-2006 is $190.92 per year. This rate will be adjusted on an annual basis as per a contractual agreement between the City and CR&R, Inc the City of Temecula's current franchised hauler. As per this agreement change to the rate are based on the previous year's CPI-U and Riverside County Waste Management's tipping fee rate at the Riverside County landfills. Thus, the cost of providing this service to the 10 parcels that will be identified as developed with a residential home within Tract Map No. 31344, based on FY 2005-2006 rate would be $1,909.20 per year. METHOD OF APPORTIONMENT The cost to provide services within Tract Map No. 31344 will be fairly distributed among each assessable property by the same methods and formulas applied to all parcels within the various Service Levels of the TCSD. The following is the formula used to calculate each property's TCSD charges and is applied to Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slope Maintenance); and Service Level D (Refuse/Recycling Collection): Total Balance to LevylTotal Parcels (in Service Level) = Parcel Charge The following table reflects the levy calculation for each Service Level. TABLE I Proposed Service Level Charges For Tract Map No. 31344 Estimated Budl!et and Charl!es for Fiscal Year 2006-2007 SERVICE LEVEL Total Levy Planned Charge Per Budget Levv Units Levv Unit Service Level B: Residential Street Lighting $256.80 10 $25.68 Service Level C: Local Landscaping and Slopes $3,150.00 10 $315.00 New Rate Level Service Level D: Refuse/recycling Collection $1,909.20 10 $190.92* -Based ofFY 2005-2006 rate. The following tables (Table II through IV) show the methodology used to compute the levy for each parcel affected by this Report. TABLE II Parcel Charge Calculation for Service Level B Parcel Char e $25.68 $25.68 A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not charged. TABLE III Parcel Charge Calculation for Service Level C Parcel Char e $315.00 $315.00 A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not charged. Beginning Fiscal Year 2007-2008 this assessment shall be subject to a CPI-U increase. TABLE IV Parcel Charge Calculation for Service Level D Parcel Char e $190.92 This charge is imposed only on developed single-family residential parcels (with a residential home). This rate is for FY 2005-2006 and will change for FY 2006-2007. APPENDIX A-PARCEL LISTING (FY 2006-2007) The actual parcels subject to rates and charges for Service Level B, Service Level C and Service Level D beginning Fiscal Year 2005-2006 shall be those parcels within Tract Map No. 31344 identified on the Riverside County Secured Roll at the time all TCSD rates and charges are submitted to the County Auditor/Controller for inclusion on the tax roll for that fiscal year. The rates and method of apportionment outlined in this Report are consistent with the rates and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein. However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law. The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing. The table below encompasses a complete listing of all parcels within Tract Map No. 31344 subject to the TCSD Service Level B, Service Level C and Service Level D rates and charges beginning Fiscal Year 2006-2007. This listing shows the rate and charge that will be charged to each parcel based on development with a single family residential unit. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. Fiscal Year 2006-2007 Rates and Charges Tract Map No. 31344 Lot No. Svc Level B Svc Level C Svc Level D Total 1 $25.68 $315.00 $190.92 $531.60 2 $25.68 $315.00 $190.92 $531.60 3 $25.68 $315.00 $190.92 $531.60 4 $25.68 $315.00 $190.92 $531.60 5 $25.68 $315.00 $190.92 $531.60 6 $25.68 $315.00 $190.92 $531.60 7 $25.68 $315.00 $190.92 $531.60 8 $25.68 $315.00 $190.92 $531.60 9 $25.68 $315.00 $190.92 $531.60 10 $25.68 $315.00 $190.92 $531.60 Totals $256.80 $3,150.00 $1,909.20 $5,316.00 **Rates for Service Level D for Fiscal Year 2005-2006 may be increased by further action ofthe City Council. ITEM NO. 13 Approvals City Attorney Director of Finance pM"" D2- City Manager c;c TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: General Manager/Board of Directors Herman D. Parker, Director of Community Services November 22, 2005 Third Amendment to the Midori Gardens, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the Third Amendmentwith Midori Gardens, Inc., to provide a 4.7% Consumer Price Index (CPI) price increase and allow for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $695,383.32 plus a 10% contingency. 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 First Amendment was approved December 14, 2004 in order to authorize the annual expenditure of $411,600.00 which provided for an annual 3% CPI increase and allowed for continued landscape maintenance services of neighborhood parks. The Second Amendment was approved on June 28,2005 in the amount of $71 ,574.00 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 through December 31, 2005. The Third Amendment is now requested to authorize the annual expenditure of $659,383.00 to provide for an annual CPI price increase and to allow for continued landscape maintenance services for neighborhood parks, new and supplemental landscape maintenance areas through December 31,2006. The original contract allows for an annual price adjustment based upon the CPI for the Riverside County area on January 1 sl of each year for the term of the agreement. Based upon the CPI increase for the Riverside County Area of 4.7%, Midori Gardens has requested and staff is recommending an annual price increase of4.7% 10 their Maintenance Services Contract.. . Midori Gardens, Inc., continues to provide consistent quality landscape maintenance services throughout our neighborhood parks. Due their proven performance and the increased cost of labor and materials for the other services staff feels that their request for 4.7% increase is justified. FISCAL IMPACT: The cost of the Third Amendment for services to be provided through December 31, 2006 is $659,383.00 plus an additional (10%) contingency. Sufficient funds have been included in the TCSD Operating Budget. ATTACHMENTS: 1) Amendment No 3. THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND MIDORI GARDENS, INC. FOR MAINTENANCE SERVICES THIS THIRD AMENDMENT is made and entered into as of November 22, 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 first amendment was approved on December 14, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $411,600.00 C. The second amendment was approved on June 28, 2005 in the amount of $71,574.00 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. D. The parties now desire to increase the payment for the annual 4.7% Consumer Price Index adjustment and for additional services in the amount of $659,383.00 and amend the Agreement as set forth in this Amendment. 2. 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 payments rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The third amendment amount shall not exceed Six Hundred Fifty Nine Thousand Three Hundred Eighty Three and 00/100 dollars ($659,383.00) through December 31,2006. The total contmct amount is One Million Five Hundred Two Thousand Five Hundred Fifty Six and 00/100 dollars ($1,502,557.00) All subsequent years of this Agreement may be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1 st of each year for the term of this Agreement unless additional payment or change order is approved as provided in this Agreement". The City Manager may approve additional payment up to ten percent (10%) of the 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. //1/ C:\WINDOVVS\apsdoc\nettemp\5096\$ASQpdf3601.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 BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Midori Gardens, Inc. 3231 S. Main Street Santa Ana, CA 92707 (714)751-8792 (phone) (714)751-4167 (fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C:\WI NO(MIS\apsdoc\nettemp\5096\$ASQpdf3601.doc EXHIBIT A Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site # Site Name Monthlv Price P-1 Veterans Park $ 1,579.75 P-2 Sam Hicks Monument Park 1,702.72 P-3 Calle Aragon Park 140.47 P-4 Bahia Vista Park 140.47 P-5 Lorna Linda Park 1,277.04 P-6 Riverton Park 2,128.40 P-7 John Magee Park 425.67 P-9 Voorburg Park 106.41 P-10 Nicolas Road Park 1,277.04 P-11 Butterfield Stage Park 1,277.04 P-12 T emecula Duck Pond 2,979.76 P-13 Rotary Park 255.40 P-14 Nakayama Park 106.41 P-15 Winchester Creek Park 1,702.72 P-16 Long Canyon Creek Park 1,330.96 P-17 Vail Ranch Park 6,555.20 P-18 Stephen Michael Linen Jr. Memorial Park 851.35 P-19 Pablo Apis Park 851.35 P-20 Crowne Hill Park 1,532.43 P-21 Meadows Park 2,128.40 P-22 Crowne Hill Park A 2,128.40 P-23 Serena H ills Park 1,383.45 P-24 Harveston Lake Park 3,559.80 SS-l Via Eduardo Streetscape 135.46 FC-l Nada Lane 107.84 T-1 Santa Gertrudis Trail 248.03 P-25 Redhawk Park A 761.16 P-26 Redhawk Park B 855.39 P-27 Redhawk Park E 3,397.51 P-28 Redhawk Park F 6,857.85 SC-4 Temecula Valley High School Tennis Court 617.73 'P-29 Wolf Creek Linear Park (North) 1,530.00 'P-29A Wolf Creek Linear Park (South) 1,770.00 'P-30 Wolf Creek Neighborhood Park 3,020.00 Page 10f 2 C:\WINDOWS\apsdoc\nette"ll\5096\$ASQpdf3601.doc Annual Price $ 18,975.00 20,432.64 1,685.64 1,685.64 15,324.48 25,540.80 5,108.04 1,276.92 15,324.48 15,1 08.48 35,757.12 3,064.80 1,276.92 20,432.64 20,432.52 78,662.40 10,216.20 10,216.20 18,389.16 25,540.80 25,540.80 16,601.40 42,717.60 1,625.52 1,294.08 2,976.36 9,133.92 10,264.68 40,770.12 82,294.20 7,412.76 18,418.00 21,240.00 36,240.00 *T-2 Temecula Creek Village Trail (* Supplemental Area) C;\WINDOWS\apsdoc\nettel1lJ\5096\SASQpdf3601.doc EXHIBIT "A" (Continued) 227.00 2,724.00 TOTAL $ 54.948.61 $ 659.383.32 Authorized Signature Page 2 of 2 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). c:\ WINDOWS\apsdoc\nettemp\5096\$ASQpdf360 I.doc Price per Square Foot Monthlv Annuallv NO BID sq. ft. .010 .129 sq. ft. .015 .193 sq. ft. NO BID sq. ft. NO BID sq. ft. .007 .090 sq. ft. NOBID per field NO BID per field Authorized Signature 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 $ .0236 sq. ft. .0053 linear ft. .0053 linear ft. .0005 sq. ft. .0075 sq. ft. 20.46 per man hr. 32.31 per man hr. .00064 sq. ft. 20% mark-up II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) $ 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. PruninglTrees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) .0053 linear ft. .0161 sq. ft. .0323 sq. ft. 53.85 each 20.46 per man hr. 32.31 per man hr. .00064 sq. ft. .0323 sq. ft. 20% mark-up 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 $ 1.680 17.23 6.46 17.23 70.00 269.25 .323 1.077 .646 .323 .430 53.85 IV. Irrigation System Maintenance $ 26.92 26.92 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 64.62 37.69 26.92 20% c:\ WJNDOWS\apsdoc\nettemp\5096\$ASQpdf360 I.doc 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 ITEM NO. 14 Approvals City Attorney Director of FinancE IJK City Manager ~ ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: SUBJECT: November 22, 2005 Third Amendment to the Excel Landscape, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: Thatthe Board of Directors approve the Third Amendment with Excel Landscape, Inc., to provide a 4.7% .Consumer Price Index (CPI) price increase and allow for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $1,833,238.00 plus a 10% contingency. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six. (36) month contract to Excel Landscape, Inc. to provide landscape maintenance services for medians, facilities and the south slope areas in the amount of $480,350.00 annually. The First Amendment was approved on May 11, 2004 in order to increase payment in the amount of $406,205.00 for the addition of landscape maintenance services of sports parks, north slope areas and to allow for the addition of supplemental landscape services. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1 ,397.340.00 which provided for an annual 3% CPI price increase and allowed for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. The Third Amendment is now requested to authorize the annual expenditure of$1,833,238.00 to provide for an annual CPI price increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through December 31, 2006. The original contract allows for an annual price adjustments based upon the Cpt for the Riverside County area on January 181 of each year for the term of the agreement. Based upon a projected CPI increase for the Riverside County Area of 4.7%, Excel Landscape has requested and staff is recommending an annual price increase of 4.7% to their Maintenance Services Contract. Excel Landscape continues to provide consistent satisfactory landscape maintenance services throughout our city. Due to their proven performance and the increased cost of labor and materials for other services staff feels that their request for 4.7% increase is justified. FISCAL IMPACT: The cost of the Third Amendmentfor services to be provided through December 31, 2006 is $1,833,238.00 plus an additional ten percent (10%) contingency. While the agreement period is on a calendar basis, there are sufficient funds in the TCSD Budget through June 30, 2006 in the following accounts: 190-180-999-5415 193-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 190-185-999-5415 190-188-999-5415 190-189-999-5415 340-701-199-5415 340-702-199-5415 ATTACHMENTS: 1) Amendment No 3. THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE INC. FOR MAINTENANCE SERVICES THIS THIRD AMENDMENT is made and entered into as of November 22, 2005 by and between the Temecula Community Services District, a municipal corporation ("City") and Excel Landscape 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 Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $480,350.00 annually. B. The First Agreement was approved on May 11, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $406,205.00 through December 31,2004. C. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1,397,340.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. D. The parties now desire to increase the payment for the annual 4.7 % Consumer Price Index adjustment and for additional services in the amount of $1,833,238.00 and amend the Agreement as set forth in this Amendment. 2. 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 schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The third amendment amount shall not exceed One Million Eight Hundred Thirty Three Thousand Two Hundred Thirty Eight and 00/100 dollars ($1,833,238.00) through December 31, 2006. The total contract amount is Four Million One Hundred Seventeen Thousand One Hundred Thirty Eight and 00/100 dollars ($4,117,138.00) All subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1 st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement". The City Manager may approve additional payment up to ten percent (10%) of the agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. III/ C:\WINDOWS\apsdoc\netlemp\4868\SASQpd13427.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 BY: Chuck Washington, President ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. Jose Alfaro, President 710 Rimpau Ave, Suite 108 Corona CA 92879 (909) 735-9650 (909) 735-0469 (Fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C:\WINOOWS\apsdo,\nellemp\4868\$ASQpdf3427.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # Site Name Monthlv Price Annual Price SP-1 Rancho California Sports Park $10,683.58 $128,202.96 SP-2 Paloma Del Sol Park $ 4,653.91 $ 55,846.92 SP-3 Pala Community Park $ 2,897.04 $ 34,764.48 SPA Kent Hintergardt Park $ 4,407.87 $ 52,894.44 SP-5 Margarita Community Park (TES) $ 4,182.76 $ 50,193.12 SP-6 Temeku Hills Park $ 4,664.38 $ 55.972.56 SP-7 Harveston Community Park $ 8,166.60 $ 97,999.20 SC-1 Temecula Middle School $ 454.39 $ 5,452.68 SC-3 James L. Day Middle School $ 542.34 $ 6,508.08 SC-6 Vail Ranch Middle School $ 903.56 $ 10,842.72 SC-7 Paloma Elementary School $ 903.56 $ 10,842.72 SC-8 Pauba Valley Elementary School $ 452.30 $ 5,427.60 SP-8 Patricia H. Birdsal Sports Park $15,377.00 $ 184,524.00 TOTAL $58.289.29 $699.471.48 Authorized Signature C:\WINDQWS\.apsdoc\nettemp\4868\SASQpd0427.doc EXHIBIT A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # Site Name Monthlv Price Annual Price M-01 Rancho California Road Medians $ 661.70 $ 7,940.45 M-02 Ynez Road Medians (includes Solana Way) 716.15 8,593.78 M-03 Butterfield Stage Road Medians 158.10 1,897.16 M-04 Margarita Road Medians (North) 742.32 8,907.88 M-05 Margarita Road Medians (South) 158.10 1,897.16 M-06 Winchester Road at Jefferson Median 158.10 1,897.16 M-07 Pechanga Parkway Medians 158.10 1,897.16 M-08 Meadows Parkway Medians (North) 742.32 8,907.88 M-09 Paseo Del Sol Medians 742.32 8,907.88 M-10 Harveston Medians (Date Sl/Margarita Rd) 1,327.60 15,931.15 M-11 Jefferson Avenue Medians 157.05 1,884.60 M-12 Overland Drive Medians/Bridge 261.75 3,141.00 M-13 Redhawk Medians 523.50 6,282.00 FW-1 Interstate 15 3,970.33 47,642.69 *M-03A Butterfield Stage Road Medians (Crowne Hill) 490.00 5,880.00 *M-10A Harveston Medians (Date St / Ynez Rd) 1,200.00 14,400.00 *M-14 79 South Medians *M-15 Wolf Valley Road Median 39.00 468.00 *M-16 Diaz Road Median / Parkway 584.00 6576.00 *M-17 Meadows Parkway Medians (South) 170.00 2040.00 (*Supplemental Area) TOTAL $ 12.924.44 $ 155.093.28 Authorized Signature C:\WINDOWS\apsdoc\netlemp\4868\SASQpdf1427.doc EXHIBIT A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthlv Price Annual Price F-1 Community Recreation Center $ 1,865.75 $ 22,389.05 F-2 Mary Phillips Senior Center 615.64 7,387.63 F-3 City Hall/Maintenance Facility 1,509.77 18,117.29 F-4 Temecula Community Center 393.67 4,724.06 F-5 Fire Station #84 605.17 7,261.99 F-6 Old Town Temecula / Gate Way 2,274.52 27,294.24 F-10 Temecula Children's Museum 323.52 3,882.28 F-12 Temecula Community Theater 85.00 1,020.00 'F-13 T emecula Public Library 2,100.00 25,200.00 'F-14 Roripaugh Ranch Fire Station 480.00 5,760.00 'F-15 Wolf Creek Fire Station 430.00 5,160.00 F-20 Fire Station #92 191.60 2,299.21 ('Supplemental Area) TOTAL $10.874.64 $130,495.68 Authorized Signature C:\WINOOWS\apsdoc\nettemp\4868\SASQpd13427.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthlv Price Annual Price S-3 Rancho Highlands $ 1,564.22 $ 18,770.64 S-8 The Villages A and B 6,983.49 83,801.88 S-12 Vintage Hills 4,574.34 54,892.08 S-13 Presley (Viranda, Country Glen, Bridlevale) 1,420.78 17,049.36 S-16 Tradewinds 910.89 10,930.68 S-20 Crowne Hill 1442.77 17,313.24 S-20A Crowne Hill (Phase 2 & 3) 4,805.73 57,668.76 S-21 Vail Ranch 10,852.16 130,225.92 S-23 Pheasant Run 280.60 3,367.20 .S-26 Gallery Homes Traditions 167.52 2,010.24 .S-28 Wolf Creek (North) 1,200.00 14,400.00 .S-28A Wolf Creek (South) 860.00 10,320.00 .S-28B Wolf Creek Channel 6,670.00 80,040.00 .S-29 Gallery Homes Portraits 110.00 1,320.00 TOTAL $ 41.842.50 $ 502.110.00 (.Supplemental Area) Authorized Signature C:\WINDOWS\apsdoc\nettemp\4868\SASQpdf3427.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) Site # Site Name Monthlv Price Annual Price S-1 Saddlewood/Pavillion Point $ 2,470.92 $ 29,651.04 S-2 Winchester Creek I and II $ 1,649.03 $ 19,788.36 S-4 The Vineyards $ 358.07 $ 4,296.84 S-5 Signet Series $ 3,776.53 $ 45,318.36 S-6 Woodcrest Country $ 863.78 $ 10,365.36 S-7 Ridgeview $ 1,022.92 $ 12,275.04 S-9 Rancho Solana $ 62.82 $ 753.84 S-10 Martinique $ 307.82 $ 3,693.84 S-11 Meadowview Estates $ 196.84 $ 2,362.08 S-14 Mirada $ 558.05 $ 6,696.60 S-15 Barclay Estates $ 582.13 $ 6,985.56 S-17 Monte Vista $ 86.90 $ 1,042.80 S-18 Temeku Hills $ 4,877.97 $ 58,535.64 S-19 Campos Verdes $ 2,342.14 $ 28,105.68 S-22 Sutton Place/Lennar $ 242.90 $ 2,914.80 S-24 Harveston (Phase I) $ 2,642.63 $ 31,711.56 S-24A Harveston (Phase 2) $ 3,902.00 $ 46,824.00 S-25 Serena Hills $ 2,113.89 $ 25,366.68 'S-27 Richmond American (26828) $ 349.70 $ 4,196.40 'S-30 Valdemosa $ 432.00 $ 5184.00 TOTAL $28,839.04 $346,068.48 ('Supplemental Area) Authorized Signature C:\WINDQWS\apsdoc\nettemp\4868\$ASQpd0427.doc EXHIBIT A 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 .0119 .1537 sq. ft. .01 .129 sq. ft. .008 .103 sq. ft. .015 .193 sq. ft. .015 .193 sq. ft. .004 .051 sq. ft. 1,041.00 12,492.00 per fld. *999.00 11,988.00 pertld. * Up to three (3) fields for same amount. C:\WINOOWS\apsdoc\neltemp\4868\SASQpdf3427.doc Authorized Signature EXHIBIT A Landscape Maintenance Extra Work Price Sheet I. Unit Cost $ .0021 .0053 .1077 .0021 N/A 21.54 37.69 .0010 20% 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) II. General Landscaoe Maintenance (Planters and Slooe areas) 1. Edging (Ground Cover) $ 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) .1615 .0215 .043 43.08 21.54 37.69 .0021 .02 20% III. Plant Materialllnstalled. 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 $ 1.615 21.64 6.45 19.38 80.77 215.40 .1615 .915 .1077 .2154 .1615 37.69 IV. Irriqation Svstem Maintenance 1. Inspection 2. Repair (Main line, Lateral line, Sprinklers) . 3. Parts $ 43.08 37.69 20% V. General Pest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material $ 215.40 48.46 37.69 20% C:\WINDOW5\apsdoc\neltemp\4868\$ASQpd13427.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. per hr. per hr. mark-up each per hr. per hr. mark-up ITEM NO. 15 Approvals City Attorney Director of Finance City Manager ~~ tf TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: General Manager/Board of Directors Herman D. Parker, Director of Community Services November 22, 2005 SUBJECT: Professional Services Agreement with Meyer and Associates for Temecula Community Center Expansion Design PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Approve the Professional Services Agreement with Meyer and Associates for the Design of the Temecula Community Center Expansion in an amount not to exceed $138,880.." 2. Approve a 10% contingency in the amount of $13,888. BACKGROUND: Several years ago the City acquired the Temecula Community Center and began offering recreational and human services at that location. Adjacent to Rotary Park and the Boys and Girls Club, this venue provides a variety of needed services to the surrounding residents. A few years ago, the City was able to lease office space within the center to Safe Alternatives for Everyone (SAFE) in order for this organization to offer their services to the community. In order to be able to increase programs and services to a growing community, the City Council approved an improvement project in FY 2005/06 Capital Improvement Program to expand the existing building by 3,000 to 4,000 square feet. It is envisioned that the improvements will include additional programming space, support office space, restroom upgrades and other appurtenant improvements. The City solicited Statements of Qualifications from qualified architectural firms for the preparation of a conceptual design plan and construction documents for the proposed project. The City received several Statements of Qualifications, which were reviewed and ranked by a review committee. The three firms judged to be the most qualified were invited to make an oral presentation and participate in an interview with the selection committee. The selection committee ranked Meyer and Associates as the most qualified firm for this project. Upon award of a contract, Meyer and Associates and staff will establish a project committee to work with the consultant to develop the conceptual plan for the expansion and its integration with the existing building and site. FISCAL IMPACT: Total cost of the Professional Services Agreement is $138,880, plus an additional ten percent (10%) contingency of $13,888. This project is funded by Community Development Block Grant funds and was approved in the City's Capital Improvement Program for FY 200512006. Sufficient funds are available in the CI P budget. ATTACHMENTS: Professional Services Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE TEMECULA CITY OF TEMECULA AND MEYER AND ASSOCIATES TCC EXPANSION PROJECT THIS AGREEMENT is made and effective as of November 22. 2005, between the Temecula City of Temecula, a municipal corporation ("City") and Meyer and Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on November 22. 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. When required by the provisions of Section 1773 of the Labor Code of the State of California, Consultant shall pay prevailing wages as required by law. The City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thirtv-Eiaht Thousand Eiaht Hundred and Eiahtv Dollars and No/100 ($138.880\ plus a 10% contingency in the amount ofThirteen Thousand Eiaht Hundred and Eiahtv-Eiaht Dollars and No/1 00 ($13.888\ for the total term of the Agreement unless additional payment is approved as provided in this Agreement. C:IWINOOWSlapsdoclnettemp\47721$ASQpdf4523.dot b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the'actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall C:IWtNOOWSlapsdoclnettempI4772I$ASQpdf4523.dol have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly 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 or resulting from the alteration of the design by others without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property to the extent arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. C:\WINPOWSlapsdoc\netlemp\4772\$ASQpdf4523.dot (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 ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, C:IWINOOWSlapsdoclnettempI47721$ASQpdf4523.dol 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, ten (10) days notice if canceled for non- payment. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 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 cornmences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way 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. C:\WINDOWS\apsdoc\netlemp\4 772\$ASQpdf4523.dot 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 atany deposition, hearing or similar proceedin9. 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 irnply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Meyer and Associates 23265 South Pointe Drive, Suite 102 Laguna Hills, CA 92653 Attention: Randy Meyer 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 ofthe 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. C:IWINDOWSlapsdoclnettemp\4 7721$ASQpdf4523.dol 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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, MMC, City Clerk Approved As to Form: C:\WINDOWS\apsdoc\nettemp\4772\$ASQpdf4523.dot Peter M. Thorson, City Attorney C:\WINDOWS\apsdoc\neUemp\4772\$ASQpdf4523.dot CONSULTANT Meyer and Associates 23265 South Pointe Drive, Suite 102 Laguna Hills, CA 92653 Attention: Randy Meyer (949)380-1151 (949)380-8117 fax By: Randy Meyer Principal C:\WINDOWS\apsdoc\J1ettemp\4 772\$ASQpdf4523.dot IS 1 on .13 .~ ~ ~ :g oj m " ~ " . 0 0 0 01 {:..t:<:><:><:><:> ~. ~ 113 _0000 ....~vi'ovi'd' 0 ~- t"--O_O\ p.. 0 ""' o r--- ..- 00 0 0 UU..,..,..,.., g tl 0 ~ ~ i I 0 I ... U .. .. 0 0\ C 0 0 I <:> 0 .~ ..,f .... .~. ~ 1 "': i ~.; .~ I 0 i 0 U 0 ~ 0\ '" 0 OS dJ ] al 0 0 ri: g .s 0 " .... , ~. .~ i:" :a .... " Z E-< ~ <E ii" on .. 0 .13 m " o 01 F;J 0 00 <:> <:> .. ""' 'G 0 <:> <:> ~ .~ r.!. I 00" 0 .' .... R 0 0\ 0\ .. 0 . 00 00 ~ .s 0\ 0 lil .... ~'g .., .., :::! l'iI s ~E j - ~ 8 d ~ .... I ~ OS ~ 0 <E .... .~ '" 0 0 J 0"", " oJ, l'iI ""' Z lil :;! ... U 0 0 I 0 1:i6l, .. .... .>ol ~ 1 u o .~ 0 ~ ~ o :l ~ <"'" .~ I:Q ~ . 0 0 001 ~ fi g'~ " 00000 1;:1 .o..qqq .. III It) 0 _10 0 ]j " " " 02 u"'" "'" e>r---o.....o. gp. .~~ .:; c> r---_oo U . .. 2 M {I}~{,I9.~ !! ~ v" (/l.a " .. ~ ~.~ ~ o on l~ I f~ i g&" b . ~a g' ~ iiJ 's!:! eS .... ~ o...~ <2 o~ Up.. ..,UE-< i :i ii 0 8~ .. U j g ~! 0; tiE 1;: ~ .. ~'S ..l 11 0'S ~ Ii J Jf~ e u. K t B ~ =:\rIl tllE-< &:uo EXHIBIT A TASKS TO BE PERFORMED R:\RUSEPlCONTRACl\TCC Ext><!nsion Project-Meyer & Assocs 1 D-21-05.dot scope of services The following Scope of Services reflects our interpretation of required work tasks necessary to achieve the desired design and construction documents for improvements to the Temecula Community Center. It IS the intent to produce conceptual planning and construction documents that meet the objectives of the City of Tem8Cula in terms of work scope, budget limitations, accessibility, design quality, innovation, and established schedules, To assure achievement of this goal, adjustments to this program can be made. The proposed scope of work will include, but may not be limited to, the following: A. GENERAL REQUIREMENTS 1. Meet with the City Staff to coordinate project design. We will attend maximum 7 project meetings with City Staff or design . committees required for normal design and processing of the work, We will also attend maximum 3 Commission level presentations or City Council presentations. 2. Provide design services that will be consistent with information presented in the City's original Request for Qualifications as modified by this document. 3. Provide design services limited by the Project Description and Scope of Services. The City's current maximum design and construction budget of $615,000 is inadequate for the proposed . work. For construction of the proposed improvements under a public works contract at prevailing wages, the City should allow for the following construction costs at this time: a. New bldg. improvements: 3,000 sq. ft. x $300.00/sq. ft. = $900,000,00. b. Join existing bldg.: $50,000.00:1: (no remodeling of existing bldg.). c. Site work: $100,000.00:1: . d. Total: $1,050,000.00 + 10% contingency = $1,155,000.00. B. CONCEPTUAL DESIGN PHASE 1 . Visit and become familiar with the project site. Review physical Iimitetions and opportunities of the existing local project site and building, including configuration, external influences, access and relationships with existing improvements. Review existing site documents (illustrating ail site utilities and irrigation) and as-built building plans to be furnished by the City. City shall furnish all available documents(s) showing existing site and building improvements and existing utilities serving the site and existing building. City shall furnish all available street improvement plans, parking lot plans, and utility plans of all improvements adjacent to the project site. 2. Meet with City Staff to discuss concerns and verify program requirements, Review program as furnished by the City to ascertain the requirements of the project and arrive at a mutual understanding of requirements withthe City. 3. Review the City's proposed schedule and updated construction budget requirements. 4. Visit the project site and measure visible portions of the existing building as necessary for the preparation of documents to depict the existing floor plan, roof plan, and exterior elevations, Provide AutoCAD documents of basic floor plan, roof plan, and exterior elevations, 5. Provide project survey and foundation soils investigation/report. 6. Based upon the mutually agreed upon program, schedule, and budget requirements, prepare, for approval by the City, conceptual design documents consisting of drawings and other documents illustrating the scale and relationship of the project components, Documents will be prepared and refined through a process of design meetings and reviews by City Staff. Conceptual documents shall include site plan, floor' plan, and . exterior elevations.' Provide conceptual opinion of probable construction cost. Site plan, floor plan, and elevations shall be . colored for presentation. Present to Commission' or City Council. a. Provide initial conceptual floor plan. .Present to Staff for review and comment. b. Modify floor plan concept in accordance with City comments. Present to Staff for review and comment. c. Provide initial site plan concept to illustrate proposed site improvements. Prepare initial conceptual elevations for building improvements. Present to Staff for review and comment. d. Refine site plan concept, floor plan, and building elevations in accordance with City comments. Present to Staff for review an'd comment. e. Prepare final floor plan concept. Present to Staff for City's approval. f. Prepare final conceptual site plan and building elevations. Present to Staff for City's approval. g. Provide conceptual cost opinion. h. Provide maximum 3 presentations to City Commissions or the City Council. C. CONSTRUCTION DOCUMENTS PHASE 1 . Prepare design development plans (50%::t:) to illustrate actual scope of improvements. Plans shall be prepared as a single construction document package. Plan organization for alternative packages or phasing of improvements is not included at this time. Prepare outline of specifications. Submit maximum 7 review sets to Staff as required, 2. Revise plans as necessary in accordance with City comments within the Project Scope. 3. Prepare preliminary opinion of probable construction cost for improvements. 4. Prepare 100% final plans,. specifications, opinion of probable construction cost, required calculations, and bidding documents in sufficient detail to obtain competitive bids. ' Plans shall incorporate City standards and meet Federal, State and Local requirements, as necessary. 5. Submit maximum 7 sets of final documents for final review as required (Plan Check). City shall process documents through required departments or agencies. .6. Correct plans, as required, and resubmit maximum 7 sets of final documents for the City's final approval. 7. Assist City during the project bidding. 8. Attend pre-bid meeting to be organized by the City. D. CONSTRUCTION SUPPORT 1. Provide answers to pertinent pre-bid questions, 2. Attend pre-construction meeting (Architect only). 3. Review shop drawings, samples, and other appropriate submittals. Shop drawings will be reviewed for general compliance with project construction drawings and project intent. For each required building element. review initial submittal only, Resubmittals and substitution requests will be handled as extra services. 4. Provide regular site visitations and reports on construction progress and quality as follows: a. Architect: 16 Visits maximum b. Mechanical Engineer: 2 Visits maximum c. Electrical Engineer: d, Civil Engineer: e. Landscape Architect: f. Irrigation Designer: 2 Visits maximum 1 Visit maximum 4 Visits maximum 4 Visits maximum Provide site visits as necessary, in addition to the visits listed above, to resolve errors or omissions in the plans. 5. Review monthly payment requests at regular site visitations and make recommendations to the City. 6. Assist in determining and processing change orders caused by errors or omissions in the plans. Change order assistance for changes in project scope or for changes due to unforeseen circumstances shall be handled as extra services. 7. Participate in one (1) final project review as scheduled by the City and provide one (1) final "punch list." Final review shall be attended by the Architect only. 8. Provide reasonable assistance to the City during construction to clarify the intent of the plans and specifications. E. POST CONSTRUCTION SUPPORT 1. Review red-lined as-built drawings prepared by Contractor. 2. Prepare as-built drawings from Contractor's mark~ups. 3. Furnish 2 sets of wet signed mylar copies of as-built drawings. Provide electronic files of as-built drawings in AutoCAD 2000 or newer. F. RESPONSIBILITIES OF THE CITY 1 , Provide available documents accurately describing the existing building and the existing site, illustrating all existing utilities of record. Provide plans illustrating existing street improvements, Coordinate and pay for required testing for hazardous materials, including asbestos investigation and report. Provide hazardous materials abatement specifications if necessary. . 2. Coordinate and monitor document reviews, checking, and approvals. Pay all agency fees. 3, Pay for reproduction of final bid documents (plans and specs). 4. Provide construction administration and inspection services. 5. Provide any required environmental surveys and reports. 6. Provide City's standard title block or title sheet format if necessary . 7. Furnish City's standard front end bid documents ("Boiler Plate") in final form for the project specifications. 8. Provide plan check submissions to City, County, State or Federal . Agencies if necessary, 9. Provide access to all araas of the site necessary for consultant reviews. 10. Coordinate all meetings. 11. Provide specific architectural program and technical assistance regarding operation of the facility. 12. Provide any additional information required by the Consultant for proper performance of the work. 13. ProvIde documents or files to Contractor for as-built drawings. 14. Provide all hazardous materials investigations and reports. 15. Attach this proposal (minimum Project Description, Scope of Services, and Fee Proposal) to any design services contract. G, EXCLUSIONS BY MEYER AND ASSOCIATES (Excluded services can be provided for additional fees). 1 . All Consultant or Sub-Consultant services that are not listed as services to be included in our Scope of Services, 2. All Sub-Consultants and disciplines that are not listed as participants on our project team. 3. Excluded services include the following: a. Construction documents for improvements other than those listed in the Project Description. b. Artists renderings or illustrations. Models. c. Environmental impact reports or similar documents. d. Plan check, permit or similar fees to governmental agencies. e. Preparation or modification of drawings or documents due to City changes to previously approved documents or City changes to previous City direction. f. Printing or reproduction of documents for project bidding or construction. g. Studies. or analyses not specifically listed as included. Any off-site studies or analyses, Investigations of existing bUilding systems, barriers to the disabled, seismic conditions, etc. h. On-site field utility investigations in addition to pre-planning document research information provided by Underground Service Alert, Utility pot-holing. i. Soils investigations for agricultural suitability. j. Off-site services including off-site utility connections, studies, or research. k. Street improvement documents for signalized intersections or for street improvements. I. Consulting of any kind with respect to hazardous materials such as asbestos, mold, or lead paint. m. On-going grounds or building maintenance analyses or reports. . n. Destructive testing, x-ray services, or other invasive building investigations. o. Materials demolition or removal for evaluations. p, Providing specialized testing equipment or specialty testing by specialty consultants. q. Fire sprinkler, fire alarm, or smoke control engineering or construction documents, other than design coordination with City vendors and plan set-up for design/build construction. r. Stage design or stage construction documents. s. Means of egress plan (not required by Fire Department for this project). t, . Meetings or site visits in excess of those specifically outlined . in this proposal. u. Timed egress analysis or fire modeling (not required by Fire Department for this project). . v. Alternative or phased plans. w, Security system or alarm system design, other than design coordination with City vendors and plan set-up for designlbuild construction. x. Acoustical study or design by an acoustical consultant. y. Traffic or parking studies or reports. z. Furniture or .equipment design, layout, specifications, or purchasing. Interior design. aa. Wiring design for data and telephone. (Wiring design will be provided by City on marked up plan and transferred to construction drawings by Consultant). bb, Video systems. cc.Site retaining wall design for walls in excess of 6' high. Building retaining walls or complex site retaining walls with special loading requirements (such as automobile surcharges, etc,). dd.Sub-surface site drainage systems. ee, Pile and grade beam foundation system. ft. Prestressed concrete design. gg.Boundary survey. hh.WQMP, SWPPP, or similar storm water management plans (not required per City's Department of Public Works). ii. Kitchen design, jj. Value engineering. kk. Certifications of as-built or record documents for completeness or accuracy. The Architect will not have sufficient knowledge of the day-to-day operations of the Contractor to make such a certification. EXHIBIT B PAYMENT RATES AND SCHEDULE R:\RUSEPlCONTRACTITCC expansion Project-Meyer & Assocs 10-21005.dol professional fee Meyer end Associetes proposes to complete the proposed Scope of Work for the following not-to-exceed lump sum fee: Conceptuel Design: Maximum 10 Staff Meetings or Presentetions. Reviews. Measure Existing Building. Prepara Documents of Existing. Floor Plan. Roof Plan. Exterior Elevetions (4). Soils Engineering/Report. Project Survey. Conceptual Design. Site Plan. Building Floor Plan. Building Elevetlons. Conceptual Cost Opinion. Construction Documents: Preliminary Improvement Drawings (60%).. Prellminery Cost Opinion. Outline Specifications. Finellmprovement Drawings (100%).. Final Cost Opinion. Final Specifications. Construction SuPPOrt Servlcea: Respond to Bidder Questions. Pre-Const. Meeting (Architect). Shop Drawings/Color Selections. RFI's. 16 Site Visits/Raports (Architect). 2 Site VlsltslReports (Electrical Englneerl. 2 Site Visits/Reports (Mechanical Engineer). 1 Site Vlslt/Report (Civil Englneerl. Irrigation Pressure Main Line Test (2 Visits). Irrigetion Coverage Test (2 Visits). Final Review/Report (Architect), Post Conetruction Support: Review As-built Mark-ups from Contractor. Prepare As-bullt Drawings. As-Built Mylar Sets (2). Reimbursable Expenses (AUowance): Printing/Reproduction/Plotting. Miscellaneous (Electrical Engineer). Miscellaneous (Meohanical Engineer). MlsceUaneous (Civil engineer). TOTAL NOT-TO"EXCEED FEE $ 4,000.00 $ 600.00 $ 1,600.00 $ 1,200.00 $ 800.00 $ 2,000.00 $ 5,390,00 $ 6,750.00 $ 2,000.00 $ 6,000.00 $ 4,600.00 $ 1,660.00 $ 29.976.00 $ 3.466.00 $ 1.200.00 $ 29,975.00 $ 3,136.00 $ 2.600.00 $ 300.00 $ 400.00 $ 3,000.00 $ 600.00 $ 9,600.00 $ 2.200;00 $ 1,980.00 $ 1.000.00 $ 1,300.00 $ 1.300.00 $ 860.00 $ 800.00 $ 2.660.00 $ 4,500.00 $ 2,100.00 $ 250.00 $ 260.00 $ 260.00 $ 138.880.00 Bid support services as requeeted to be billed separetely at the enclosed Stendard Hourly Rates. .Subconsultent FeeslConstruotlon Documents): Structural Engineering (Design Calculations): Structural Engineering jDrawingsl: Mechenicel Engineering IPlumblng, HVAC): Electrical engineering: Civil Engineering (Including Site Utilities): Irrigetion Design: (Subtotal $ $ $ $ $ $ $ 4,180.00 9,500.00 6,600.00 5,500.00 12,190.00 1,980.00 39,960.001 The above fees include costs for transportation, tela phone, intarlm submittals, review speciflcstions, end normallnsurence coverage. Mever and Associstes understands the City will furnish infonnatlon and services listed after our Scope of Services. These fees have been based on the Project Description, Scope of Work, and the likelv construction budget of et ,155,000. Meyer and Associates will provide construction documents for Improvements within the limits of the Project Description, Scope of Work. and budget. Documents for Improvements exceeding the Project Description, Scope of Work, or budget ere not included. Should the Project Description, Scope of Work. or budget be incressed, the fee' may be adjusted accordingly. See proposal appendices for specific sub- consultant scope of services. Services will be billed on en hourly basis for actual work performed up to the total not-to- exceed fae. The breakdown of fees above Is a guideline only to. Ulustrete estimated fee components of the overall servlcea. Without exceeding the not-to-exceed fee, actual work performed will be responsive to specific job requiraments end may vary from tha itamized listing abova. '- . standard hourly rates 1. MEYER AND ASSOCIATES will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Principal Project Coordinator Project Architect Project landscape Architect Recreation Designer Architectural Designer Landscape Architectural Designer CAD Operator Word Processor Clerical Design Meeting Construction Site Visit/Meeting and Report $ $ $ $ $ $ $ $ $ $ $ $ 126.00 100.00 100.00 . 100.00 85.00 85.00 85.00 60.00 30.00 30.00 500,00 750.00 2. '. R.F, DANIELS AND ASSOCIATES will provide services. as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Principal Project Engineer Staff Engineer Clerical $ $ $ $ 125.00 100.00 80.00 30.00 3. REEDCORP will provide services, as may be required and' authorized by the City, for hourly fees in accordance with the following schedule: Principal Project Manager Designer CAD Operator/Drafting Clerical $ $ $ $ $ 140.00 90.00 80.00 70.00 35.00 4. F.T, ANDREWS will provide services, as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Principal Engineering Manager Engineer Senior DeSigner Designer CADD Technicians Clerical $ $ $ $ $ $ $ 136.00 116.00 106.00 95.00 80.00 70.00 55.00 5. LANDSCAPE IRRIGATION CONSULTING will provide irrigation design services. as may be required and authorized by the City, for hourly fees in accordance with the following schedule: Principal Project Manager Senior Draftsperson Draftsperson Clerical $ $ $ $ $ 96.00 66.00 66.00 46.00 36.00 6. O'CONNOR CONSTRUCTION MANAGEMENT will provide services. as may be required and authorized by the City. for hourly fees in accordance with the following schedule: . Principal Senior Estimator J Senior Scheduler Project Manager . Estimator Scheduler Computer Consultant $ $ $ $ $ $ $ 176.00 126.00 125.00 126.00 110.00 110.00 110.00 . fee notes 1 . Consultation in connection with Contractor disputes, arbitration, litigation, court appearances and additional consultants will be quoted separately and is not a part of this proposal. 2. Additional billing classifications may be added to the above listing during the year as new positions are created. 3. It should be noted that the foregoing wage rates are effective through January 1, 2006. The rates may be negotiated with the City after that date to compensate for labor adjustments and other increases in costs. 4. Services of outside consultants not listed in this proposal shall be billed at our direct cost, plus 15% of the actual cost of their services for coordination. 5. Reimbursable items, such as the cost of blueprinting, graphic reproduction, FAX, and plotting shall be billed at our direct cost plus 15%, Auto travel will be charged at $0.36 per mile. 6. It is the responsibility of Meyer and Associates to schedule the project's completion under normal conditions without the use of Its staff on an overtime basis. If the City adjusts the deadline or requests thet work be completed earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the increased costs incurred by Meyer and Associates, The hourly rates for overtime will be one and one-half (1 YzI times the standard hourly rates except for Sundays and holidays, which will be two (21 times the standard hourly rates. 7. We will bill on a monthly basis in proportion to the time spent on the project. All billing stat.ements are due upon receipt. Interest will be charged at the rate of 1 Yz % per month on the past due balance thirty days and over. Meyer and Associates shall have the right to stop work should accounts become past due. 8. Fees contained herein are valid for 6 months from the date of this Proposal. " ITEM NO. 16 Approvals City Attorney ~ t1 /} Director of Finar - - Jt;IK City Manager ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: SUBJECT: November 22, 2005 Agreement with UTP Group, Inc. for Technical Theater Personnel Payroll Services PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Approve an agreement with UTP Group, Inc., subject to City Attorney approval, for payroll services for contracted technical theater personnel in an amount not to exceed $62,000. 2. Approve an appropriate $58,000 from TCSD Fund Balance to Other Outside Services in the Theater operating budget. 3. Increase Theater Rental Revenue in an amount of $21,000. BACKGROUND: On February 8'h, 2005 the City Council approved the booking and rental policy for the Old Town Temecula Community Theater. Through our existing policy, the City can provide up to three City staff employees ata reduced rate of$10 to $12 per hour per employee as part of the rental agreement. If the renting company's performance and stage production require more back stage support that the City employees, renting companies can then contract directlywith UTP to provide additional back stage technical support, which could include electricians, audio engineers and stage hands. Providing these positions ensures that productions and back of house - operations are run safely with well trained and qualified staff when a performing company may not have sufficient personnel to cover the needed areas. Providing quality trained staff also ensures that audio, lighting, rigging equipment is provided safely and appropriately and provide a good stage presentation. . In order to have an appropriate pool of qualified backstage support for productions, the Community Services Department and Human Resources Department have entered into an agreement with UTP Group, Inc. When needed, theater staff or rental groups, may contract with UTP Group to provide backstage technical support. - Costs associated with backstage technical support will be the responsibility of the renting party. City of T emecula will provide these services for T emecula Presents performances. It is estimated that this year's total UTP expenditure will not exceed $62,000.00 a portion of which will be offset by user fees. FISCAL IMPACT:' It is estimated that the Theater will use $62,000 in contracted back stage- technical personnel services this fiscal year. It is further estimated that the Theater will recover about $21 ,000 from renting companies. A $21,000 increase in anticipated rental revenues and the appropriation of $58,000 from TCSD Fund Balance will provide the necessary budget to cover the needed services. ATTACHMENTS: Contract with UTP Group, Inc. j) -) o ~-1.11.. Payroll Service Agreement This Payroll Service Agreement is made and entered into this 13th day of October, 2005 by and between UTP Grou>>. Inc. ("Payroll Provider") and City ofTemecula ("Employer"). In . . consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to be legally bound as follows: . I. Defined Terms. The following capitalized teons will have the following meaning when used in this Agreement: 'a. "Union" shall mean the following union local which provides Skilled Theatrical Technicians to Employer pursuant to contractual agreement: International Alliance of Theatrical Stal!e EmDlovees. Movinl: Picture Technicians. Artists and Allied Crafts of the United States. its territories and Canada. AFL-CIO and CLe. Local 707. b. "Covered Employees" shall mean employees of Employer who are referred through the Union during set-up, run of show and teardoWD of Employer'$-" productions or events in California. c. "Union Contract" is the contractual agreement between the Union and the Employer regarding the Covered Employees which shall set forth, among other things, the wage rates, benefits and working conditions for the Covered Employees. d. Employer" and "Payroll Provider" are defined in th9 opening paragraph of this Agreement. i . l 2. Al!reements of the EmDlover. a) The Employer shall provide Payroll Provider with such information as it may reasonably need to perform its obligations hereunder. As to each Covered Employee, the Union shall provide Payroll Provider with taxpayer identification numbers, backup withholding status, number of deductions and other state and federal withholding information. ' b) The Employer shall promptly countersign pay period statements prepared by the . Union indicating hours worked and rates for each pay period. In the event of any dispute between the Employer and the Union regarding such statements, Employer shall attempt in good faith to promptly resolve such dispute prior to the due date of paychecks for the applicable pay period.' . \ 1 R..\AOIU!I!MENIS\ACI~&nigD~lo.ou.. ( ) ( ) c) The Employer agrees to promptly pay, or reimburse Payroll Provider for the payment of, the full payroll amounts payable with respect to Covered Employees during the term hereof, including gross wages, witbholdings there from, . Employer's share of FICA and FUT A and other amounts payable by reference to gross wages, and fees as described below. d) The Employer shall provide comprehensive general liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate regarding the activities to be performed pursuant to. this Agreement 3. Agreements of the Payroll Provider a) Based solely upon pay period statements provided to it by the Union, Payroll Provider agrees to process Employer's payroll for the Covered Employees. PaYroll periods and payment dates shall be established in Employer's agreement with the Union. Processing shall include calculation of gross and net wages, preparation and issuance of payroll checks, delivery ofwitbholdingldeduction amounts to the payee therefore and preparation of year-end W-2's. In calculating net wages, Payroll Provider may rely on statements provided by the Union as to deductions authorized by individual Covered Employees, which may include Union dues, 401 (k) plan deductions, and other charges. Payroll Provider will not process any deductions unless and until it receives adequate written authorization signed by the covered employee. b) Payroll Provider will provide Employer with a report of each payroll paid and a cumulative report of payrolls paid on a calendar year or event basis, as appropriate. Such reports shall be provided in hard copy or disk. in a format specified by the Union, unless Payroll Provider and Employer agree in writing to an acceptable alternative electronic format and mediUm. . c) Payroll checks will be drawn on Payroll Provider's account. Payroll Provider will advance for and on behalf of Employer the gross wages of each payroll and Employer's required share of withholding taxes. Notwithstanding the above, if . Employer is in default hereunder or if Payroll Provider deems itself insecure, Payroll Provider may by written notice require Employer to deposit with Payroll Provider the full amount of each payroll (including gross wages, Employer's share and Payroll Provider's fees) as a condition to processing of payrolls. d) Payroll checks will be delivered to the Union for distribution to the Covered . Employees. e) Payroll Provider shall on behalf of the Employer provide unemployment and workers compensation insurance for all Covered Employees. 2 "~~liScrtk:ot~IMS. { i i 4. Pavroll Provider Fees. As payment for Payroll Provider's services, payroll taxes payable and . insurance coverage's. Employer shall pay Payroll Provider an amount equal to 27 % of the gross wages of each payroll. 5. Payment. Late Fees. Payroll Provider will invoice Employer for the amount it is entitled to . be reimbursed hereunder plus its fees. All invoices are due and payable within 15 days after the invoice date. Any invoice not paid within 30 days after the invoice date shall bear interest at the rate of 1.5% per month (or the maximum rate allowed by law, ifless) from the invoice date until paid in full. If collection efforts are necessary to collect amounts due hereunder, Employer shall reimburse Payroll Provider for its collection costs, including attorney's fees. Employer agrees that Payroll Provider may notify the Union if Employer has not paid any invoice when due. 6. Term. Tennination. This Agreement shall be effective from October 1,2005, and shall continue in force for an initial term of one year unless otherwise noted (October 31, 2005). This Agreement will continue from year to year after the initial term unless either party notifies the other in writing, at least forty five days prior to the expiration of the then current term, of its intent not to renew for a subsequent year. Payroll Provider shall be entitled to terminate this Agreement upon 15 days written notice to Employer if any invoice remains outstanding for more than 35 days after invoice date. 7. Status of Covered EmDlovees. Parties. The Covered Employees are, and shall be at all times during the term of this Agreement, the employees of Employer and not employees of Payroll . Provider or the Union. Payroll Provider acts as an independent contractor of Employer hereunder, and not as an agent, officer or partner of the Employer. 8. Indemnification. a) and all claims, demands, liabilities and expenses (including attorneys fees) which may arise out of or by reason of Payroll Provider's actions hereunder, including any action taken or refrained from at the direction of the Employer or the Union; provided that Employer will not be required to indemnify Payroll Provider against its own negligence, willful misconduct, or breach of its obligations under this Agreement.. b) The Payroll Provider will indemnify and save the Employer harmless from and against any and all claims; demands, liabilities and expenses (including attorneys fees) which may arise out of or by reason of Payroll Provider's actions hereunder to the extent that such claim, demand or liability is based upon the negligence, willful misconduct or breach of the terms. of this Agteement by Payroll Provider. 3 .L~~Sen1ct~tQ.OS.doo ,.- ~ , I } 9. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Utah, without reference to any conflict oflaws principles. . 10.Notices. All notices required to be given hereunder shall be sufficient if sent to the parties at the address listed under their signature (or such other address as a party may by notice give to the other party) and shall be effective (i) three business days after being deposited in the United States mail, first class postage prepaid, or (ii) when actually delivered to the notice address by certified mail, overnight courier or other means providing proof of delivery. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers. UTP Group, Inc. B~ ft Print Name and Title: Notice address: , . Employer: City ofTemecula By Print Name and Title: Date: 10 -I y- os- Lonnie Harkness President UTP Group, Inc. 774 South 500 West Salt Lake City, Utah 84101 Attention: President (801) 328-1298 FAX (801) 328-1307 Date: lo//<d~ . . . Grant M. Yates. Human Resources Director City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula CA 92589-9033 Attention: Human Resources (951) 506-5100 FAX (951) 694-6499 4 . 1l~CJ1VBA~SaYa.........to.<<i_ .....f j I \ '. '\ Credit and Contact Information Exact name of Employer's business: City of Temecula Address of Principal office: 43200 Business Park Drive. Temecula. CA 92590 Mail: P.O. Box 9033. Temecula. CA 92589-9033 . Form of Business: . 0 Corporation 0 Partnership 0 Limited Liability Company o Proprietorship lXI Other Municioal Government Billing Information Billing address: P.O. Box 9033 Temecula. CA 92589-9033 Contact person in Accounts Payable lada Yonker Accounts Payable Phone: (951) 694-6438 Accounts Payable Fax: (951 ) 964-6479 Accounts Payable email: lada. vonker(a)citvoftemecula.orl! Notice address (if different from billing address) Notice address: Same as above Contact person for notices Phone: . Fax: email: . 5 k:~~1"~1000$.d>> ITEM NO. 17 APPROVAL 0../ CITY ATTORNEY 1"""_ DIRECTOR OF FINANCE_,C {]f} CITY MANAGER r CITY OF TEMECULA AGENDA REPORT TO: General Manager/Board of Directors FROM: Susan W. Jones City Clerk/Director of Support Services DATE: November 22,2005 SUBJECT: Appointment of President and Vice President ofthe Community Services District for Calendar Year 2006 RECOMMENDATION: That the Board of Directors: 1. Entertain motions from the Board of Directors to appoint the President, effective January 1, 2006, to preside until the end of Calendar Year 2006; 2. Entertain motions from the Board of Directors to appoint the Vice President, effective . January 1, 2006, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2006. BACKGROUND: The Community Services District Boand of Directors appoints a member to . serve as President and Vice President annually. These offices are assumed at the first meeting of the Community Services District in January and the newly elected officers will preside through the Calendar Year of 2006. FISCAL IMPACT: None Agenda Reports\Annual Appointment CSD NEW TCSD DEPARTMENTAL REPORT ITEM NO. 18 Approvals a,./"" City Attorney I""'" Director of Finance /JI2.. City Manager ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 22, 2005 SUBJECT: Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant Construction of the Patricia H. Birdsall Sports Park (Wolf Creek Sports Complex) continues. Installation of the field lighting, installation of artificial turf fields and parking lot are nearing completion. Construction of the buildings and irrigation systems continue. A construction contract has been awarded to Edge Development for the construction of the new Temecula Public Library project. A ground breaking ceremony was held on Thursday, May 12, 2005. This project is currently under construction. The Vail Ranch Middle School lighting project is complete and the youth sports organizations are currently utilizing the lighted basketball courts. Construction of the Boys and Girls Club project at Kent Hintergardt Park is currently underway. The Community Services Department released an RFQ to landscape architect firms for Redhawk Park Improvements for the four Redhawk park sites acquired on June 30, 2005 with the annexation of Redhawk into the City of Temecula. Staff, Community Services Commissioners and Council Member Chuck Washington conducted interviews of the three top ranked firms. Staff is currently discussing the scope of service with the top ranked firm. A scope of service should be presented to the City Council in December. This project will develop a variety of park improvements at four Redhawk park sites. These improvements include picnic tables, picnic shelters, park benches, sidewalks, tot lots, etc. Construction of the Old Town Temecula Community Theater if complete and a Grand Opening Gala was held on October 4, 2005, followed by a week of festivities. The City of Temecula Community Services Department as well as local theater group and other outside organizations will continue to work together to provide a variety of ongoing theater productions and entertainment. The Cultural Arts Division is busy planning for the new community theater which is scheduled to open in the Fall, and overseeing the day-to-day operations at the History Museum and the Imagination Workshop, Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City inciuding Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. The Recreation Division staff is currently planning for annual winter activities including the Annual Tree Lighting Ceremony, Breakfast with Santa, Holiday Light Parade and Holiday Lights and Festive Sights program. REDEVELOPMENT AGENCY ITEM NO. 19 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY NOVEMBER 8, 2005 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:47 PM., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Edwards, Washington, and Naggar ABSENT: 1 AGENCY MEMBERS: Roberts Also present were City Attorney Thorson and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 25, 2005. 2 Old Town Public Wireless (Wi-Fil Network RECOMMENDATION: 2.1 Authorize the City Manager to sign the purchase and installation agreement with Wireless Facilities, Inc. (WFI) for the total amount of $13,600; 2.2 Authorize the City Manager to approve a contingency for the purchase and installation in an amount not to exceed $1,360 which is equal to 10% of the agreement amount. MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Edwards seconded the motion and electronic vote reflected approval with the exceotion of Agency Member Roberts who was absent. DEPARTMENTAL REPORT No additional comments. R:\Minutes\110805 EXECUTIVE DIRECTOR'S REPORT Assistant City Manager O'Grady informed the City Council of the success of the recent Erie Stanley Gardner event. AGENCY MEMBERS' REPORTS No additional comments. ADJOURNMENT At 7:48 PM., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, November 22, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\ 110805 2 ITEM NO. 20 Approvals City Attorney Director of Finance City Manager TEMECULAREDEVELOPMENTAGENCY AGENDA REPORT TO: FROM: DATE: Executive Director/Agency Members John Meyer, Redevelopment Director November 22, 2005 SUBJECT: Third Amendment to Lease between the Redevelopment Agency of the City of Temecula and Butterfield Enterprises/Pascoe Management LLP with respect to restrooms located at Butterfield Square RECOMMENDATION: That the Agency Board authorize staff to renew the five year lease between the Redevelopment Agency of the City of Temecula and Butterfield Enterprises with respect to restrooms located at Butterfield Square in the amount of $9,912 annually. BACKGROUND: In October of 1995, the Redevelopment Agency entered into a five-year agreement to lease restrooms at Butterfield Square for public use. In November of 2000, the . Agency amended the agreement to lease the restrooms for an additional five-year term. In addition, the agreement called for the Redevelopment Agency to fund improvements to the restrooms to meet ADA requirements. Those improvements were completed and staff and Butterfield Enterprises feel the arrangement has worked very successfully for the last 10 years. On August 9, 2005, the Agency and Butterfield Enterprises (Consultant) amended the agreement and any prior Amendments to refer to the Consultant Company as "Pascoe Management LLP" pursuant to the name and ownership change of said company. Therefore, consistent with Section 7 of the original lease agreement, the Redevelopment Agency and Pascoe Management LLP have agreed to renew the lease for an additional five years. The Lease rate of $826 per month is proposed to remain unchanged. FISCAL IMPACT: Funds in the amount of $9,912 have been allocated in this year's budget in 280-199-999-5234. ATTACHMENTS: Third Amendment to Lease Agreement Original Lease Agreement (October 9, 1995) THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND BUTTERFIELD ENTERPRISES/PASCOE MANAGEMENT LLP THIS THIRD AMENDMENT is made and entered into as of November 01, 2005 by and between the Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency" and Butterfield Enterprises/Pascoe Management LLP ("Lessor"). 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 October 9, 1995, the Agency and Consultant entered into that certain agreement entitled "Lease Agreement between the Redevelopment Agency of the City of T emecula and Butterfield Enterprises with respect to restroom located at Butterfield Square." ("Agreement"). B. On October 10, 2000, the Agency and Consultant amended the agreement entitled "Lease Agreement between the Redevelopment Agency of the City of Temecula and Butterfield Enterprises with respect to restroom ("Restroom") located at Butterfield Square to extend the Agreement an additional period of five years. C. On August 9,2005, the Agency and Consultant amended the agreement and any prior Amendments that refer to the Consultant Company as "Butterfield Enterprises" shall be changed to "Pascoe Management LLP" pursuant to the name and ownership change of said company. D. The parties now desire to renew the Agreement as set forth in this Amendment. 2. Section 1. of the Agreement is hereby amended to read as follows: A. TERM. The Term of this lease shall be for a period of five years commencing November 1, 2005 B. RENT. The Agency will to continue to pay a monthly rent to the landlord in the amount of $826 per month. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C:\W1NDOWS\apsdoc'vlettemp\5820\$ASQpdf3590.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Shawn D. Nelson, Executive Director ATTEST: BY: Susan W. Jones, CMC Agency Secretary/City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney LESSOR BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C:\WINDOWSlapsdoclneuemp\5820ISASQpdp590.Joc LEASE This Lease is entered into as of October 9, 1995 by and between Butterfield Enterprises ("Landlord") and the Redevelopment Agency of the City of Temecula, a Public Body Corporate and Politic ("Agency") with respect to the restroom ("restroom) located at Butterfield Square, City of Temecula. 1. TERM. The Term of this lease shall be for a period of five years commencing November 1, 1995. 2. RENT. The Agency shall pay a monthly rent to Landlord in the amount of $826.00 commencing upon completion of the ADA Improvements set forth in Paragraph 4 and continuing on the 151 day of each month thereafter during the term of this Lease. The monthly rent shall be adjusted as of the first day 0 January, 1997 according to the following computation: The base for computing the adjustment is the index figure for the month of October 1995 (the index date) as shown in the Consumer Price Index (CPI) for all Urban Consumers for the Los Angeles/Long Beach area based on the years 1982-1984 equal 100 as published by the U.S. Department of Labors Bureau of Labor Statistics. The index for the adjustment date shall e computed as percentage of the base figure. That percentage shall be applied to the monthly rent figure. In no event shall the monthly rent be less than the initial monthly rent. If the described index shall no longer be published, then another generally recognized index shall be substituted by agreement of the parties. 3, . USE. The Restroom shall be used as a public restroom and shall be available for public use (7) days a week between the hours of 10:00 a.m. to 5:00 p.m. or later when in conjunction with a special event in Old Town. 4. IMPROVEMENTS. The Landlord shall with ninety (90) days of full execution of this Lease take all reasonable steps to bring the Restroom into compliance with American Disability Act ("ADA"). Said improvements will include design, permits and construction. All plans shall be approved by the Agency prior to construction. Promptly upon completion of said improvements, the Agency shall reimburse the Landlord for direct costs not to exceed $12,600 relating to upgrading the Restroom to comply with ADA requirements. Upon pulling of City required building permits for the construction of ADA Improvements, Agency shall pay $4,000 to Landlord as an advance payment for the ADA Improvements. 5. INSURANCE. The Agency shall maintain a general liability insurance policy in the amount of $1 ,000,000 insuring against claims resulting from the use of the Restroom by the general public naming the Landlord as an additional insured. C:\WINDOWSlapsdoc\nettemp\4580\$ASQpdf3554.doc 6. MAINTENANCE. Landlord shall repair and maintain the Restroom in a neat, clean and safe condition and shall be responsible for the cost of repairing the Restroom and for cleaning and supplying the Restroom on a daily basis during the term of this Lease. Landlord shall be responsible for opening and closing the Restroom each day. In addition, Landlord shall be responsible on a daily basis for emptying Agency or City of Temecula trash cans (not to exceed 20 in number) located near the Restroom and in other agreed upon areas in Old Town. 7. OPTION TO RENEW. The Agency shall have an option to renew this " Lease for an additional five-year period upon giving the Landlord notice of exercise of said option at least one hundred twenty (120) days prior to the expiration of the original term of this Lease. 8. OPTION TO TERMINATE. Each party shall have the option upon one hundred twenty (120) days notice to the other to terminate this Lease at any time. In the event Landlord terminates the Lease pursuant to this provision during the initial five-year term, Landlord shall, concurrently with the termination of the Lease, reimburse Agency for the unamortized cost over the initial term of the Lease of Improving the Restroom to ADA standards. 9. SIGNAGE. The Agency shall provide and install signage identifying the Restroom as a public restroom. 10. SUCCESSORS & ASSIGNS. This Lease shall be binding on and inure to the benefit of the parties successors and assigns. C:IWINDOWSlapsdoclnettempI45801$ASQpdf3554.doc IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first hereinabove written. LANDLORD REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: Ronaly E. Bradley, Executive Director ATTEST: June S. Greek Agency Secretary/City Clerk C:IWINDOWSlapsdoclnettempI4580\$ASQpdf3554.doc ITEM NO. 21 Approvals City Attorney ~ Director of Finance City Manager ~ IJIl TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: Executive Director/Agency Members John Meyers, Redevelopment Director DATE: November 22, 2005 SUBJECT: Status Update on the Temecula Education Center RECOMMENDATION: Receive and File. BACKGROUND: On March 16, 2004, the Agency entered into a Disposition and Development Agreement (DDA) with the AGK Group, LLC to develop the Temecula Education Complex. On December 7, 2004, the Agency Board approved the Second Amendment to the DDA increasing the financial contribution and extending the schedule of performance by six months. On June 28, 2005, the City Council approved the Development Plan, Plan Development Overlay, Development Agreement and Tentative Parcel Map for the Temecula Education Center. The Agency also adopted a Third Amendment to the DDA. This included the Ucense Agreement forlhe remediation work, which will allow the AGK Group to begin the mass grading and soil remediation prior to taking ownership of the property. DISCUSSION: The first plan check for the apartments and educational towers has been completed and comments were returned.to the architect. The revised plans and additional submittals are due back to the City on November 30, 2005. The plan check process for the grading plan has been completed. The second plan check has been completed for the final map and the first plan check has been completed on the street improvement plans. Staff and the developer are working with the utility companies to ensure coordination. We are also working with the project biologist and the RCA to provide suitable replacement habitat for the Fairy Shrimp. These issues need to be further resolved prior to beginning the mass grading for the project. The next significant milestone is January of 2006, when the AGK Group will close on Phase I of the property. CONCLUSION: The developer remains committed to moving the project forward as quickly as possible. He has spent considerable resources on project design and special studies. ITEM NO. 22 APPROVAL ~ CITY ATTORNEY 1'1/1 DIRECTOR OF FINANCE HI<- - (JI) CITY MANAGER iI CITY OF TEMECULA AGENDA REPORT TO: Executive Director/Agency Members FROM: Susan W. Jones City Clerk/Director of Support Services DATE: November22,2005 SUBJECT: Appointment of Chairperson and Vice Chairperson of the Redevelopment Agency for Calendar Year 2006 RECOMMENDATION: That the Redevelopment Agency: 1. Entertain motions from the Agency Members to appoint the Chairperson to preside, effective January 1, 2006, until the end of Calendar Year 2006. 2. Entertain motions from the Agency Members to appoint the Vice Chairperson, effective January 1, 2006, who will assume the duties of the Chairperson in the Chairperson's absence, and hold this office until the end of Calendar Year 2006. BACKGROUND: The Terriecula RedevelopmEintAgency Board.ofDirectors appoints a member' to serve as Chairperson and Vice Chairperson annually. These offices are assumed at the first meeting of the Temecula Redevelopment Agency in January and the newly elected officers will preside through the Calendar Year of 2006. FISCAL IMPACT:- None Agenda Reports/Annual Appointment of RDA Chairperson NEW RDA DEPARTMENTAL REPORT ITEM NO. 23 Approvals City Attorney Director of Finance City Manager ~ iJK tf TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: Executive Director/Agency Members John Meyer, Redevelopment Director November 22, 2005 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of November 22, 2005 for the Redevelopment Department. First Time Homebuvers ProQram Funding in the amount of $100,000 is available for FY 05-06. Residential Improvement ProQrams The program budget for FY 05-06 is $250,000, with $126,000 funded on 23 units. The amount available to each participant increased from $5,000 to $7500. Habitat for Humanity Council entered into a Disposition and DevelopmentAgreement (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. On September 13, 2005, the Council amended the DDA to increase funding for the offsite improvements and contribute an additional lot that will yield two additional home sites. Dalton Mixed-Use On May 28, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project will consist of 24 units over 5,000 sq. ft. of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. Facade ImprovementlNon-Conforminll Silln ProQram The following facade improvemenVsign projects are in process or have recently been completed: . Enchanted Shire Design and install two wood signs and paint exterior . Texas Lil's Paint Exterior, Add Restroom Modification, accessibility improvements for the disabled, Favade exterior enhancements. . I Love Clocks Design and Install Four Wood Sandblasted Signs . Stellar Cellar - Design and Install Three Wood Signs. Old Town Promotions/MarketinQ Erie Stanlev Gardner The Third Annual Erie Stanley Gardner Mystery Weekend Was held in Old Town November 4 - 6. The weekend was kicked off Friday evening with the Baja Gardner and the Desert Whale Crusade Reception at the Temecula Valley Museum. The mysteries unfolded at the Perry Mason Radio Studios in Old Town Temecula at the Temecula Museum and the Country Porch at3rd and Front. Participants in the mystery contest picked up leads throughout Old Towri to uncover who did it, and if you they were hot on the trail, entered the mystery contest and with the hopes of winning $500 of Old Town Temecula prizes of gifts and gift certificates. The final radio episode and the mystery solved were held atthe Old Town Temecula Community Theater on Sunday, November6 at 3 p.m. free of charge. Mystery writing workshops, editors, writing coaches and authors at the Senior Center were offered on Saturday, November 5 at 10:00 a.m., 1 :00 p.m. A CBS Film interview with Charles Collingwood and Erie Stanley Gardner was shown at 3;00 p.m. The writing seminars were free of charge. The rooms for the writing workshops were filled to capacity, which nearly tripled the attendance. The Erie Stanley Gardner exhibition will be displayed at the T emecula Valley Museum from November 5, 2005 - January 8, 2006. The Mystery Writing Contest tripled in participation in all categories over previous years. Verizon sponsored lap tops for the youth categories. Sponsorship participation was also up with top cash sponsors being Rosenstein & Hitzeman, Verizon Yellow Pages, Arrowhead Credit Union, Temecula Wine and Beer Garden and Equity Leadership Group. (Over $5,000 in sponsorships). An evening of Western Music and Cowboy Poetry was held on Saturday November 5, at 6:30 p.m. at the Mercantile Bistro on Main Street featuring Buckshot Dot, Joe Herrington - Poet, The Lost Canyon Rangers and Ken Graydon for a fee of $5. It was a sell out attendance. Upcominll Events Other upcoming events will include Christmas in Old Town, November 19 through December 18. TEMECULA PUBLIC FINANCING AUTHORITY ITEM NO. 24 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY NOVEMBER 8, 2005 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:49 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AUTHORITY MEMBERS: Edwards, Naggar, Washington, and Comerchero ABSENT: 1 AUTHORITY MEMBER: Roberts Also present were City Attorney Thorson and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 26, 2005. 2 Communitv Facilities District No. 01-2 (Harvestonl - Revised 05/06 Lew Report RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 05-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE l"EMECULA PUBLIC FINANCING AUTHORITY AMENDING RESOLUTION NO. TPFA 05-09 AND RATIFYING CERTAIN MATTERS CONCERNING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) MOTION: Authority Member Washington moved to approve the Consent Calendar. Authority Member Edwards seconded the motion and electronic vote reflected approval with the exception of Authority Member Roberts who was absent. EXECUTIVE DIRECTOR'S REPORT None given. R\Minutes.tpfa\110805 BOARD MEMBERS' REPORTS None given. ADJOURNMENT At 7:50 P.M., the Temecula Public Financing Authority Meeting was formally adjourned. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R\Minutes.tpfa\110805 2 ITEM NO. 25 Approvals City Attorney Director of Finance i1IL City Manager ~ ~ TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: Executive Director/Authority Members Genie Roberts, Director of Finance November 22, 2005 SUBJECT: Conversion of Variable Rate Bonds to Fixed Rate Bonds for T emecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) PREPARED BY: RECOMMENDATION: Polly von Richter, Senior Debt Analyst That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING A SECOND SUPPLEMENTAL INDENTURE OF TRUST AND AUTHORIZING AND DIRECTING OTHER ACTIONS RELATING TO CONVERSION TO FIXED RATE . BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) BACKGROUND: I n August of 2002, the Authority issued $17,310,000 principal amount. of bonds for its Community Facilities District No. 01-2 (Harveston) (the "CFD"). The bonds are' payable from special taxes levied on property located in the CFD. The bonds were issued under an Indenture of Trust, and were initially issued as variable rate bonds. The Indenture of Trust allows for a conversion of the interest payable on all or a portion of the bonds from a variable rate to fixed rates. City Staff, working with the developer of the property in the CFD, Lennar, and various consultants, have determined that it is in the best interests of the Authority and the homeowners in the CFD to convert some of the bonds from variable rate bonds to fixed rate bonds, and have requested that the Board of Directors authorize the engagement of the consultants necessary to so convert the bonds. All costs of such consultants, and any other costs related to the conversion, will be paid from amounts held in a Conversion Expenses Fund held under the Indenture of Trust for the Bonds. In connection with the administration of the CFD, various monies have accumulated under the Indenture ofTrust. City Staff is recommending that the Indenture ofTrust be amended to allow such funds to be used in connection with the conversion (rather than used to redeem bonds), so as to minimize the need for the issuance of any additional bonds for the CFD to effect the conversion. Bond Counsel has prepared a Second Supplemental Indenture of Trust which contains the. necessary amendment, and City Staff recommend that the Authority approve the Second Supplemental Indenture of Trust and authorize its execution by the Executive Director of the Authority. If the Resolution is adopted by the Board of Directors, it is expected that the legal documents necessary for the conversion would be presented to the Board of Directors for approval in February of 2006, with the conversion completed in April of 2006. FISCAL IMPACT: The bonds are not obligations of the City of Temecula, or general obligations of the Authority or the CFD, but are limited obligations of the Authority for the CFD secured solely by the special taxes levied in the CFD and amounts held in certain funds and accounts established under the Indenture of Trust for the bonds. All costs of conversion of bonds from variable rate to fixed rate will be paid from amounts in the Conversion Expenses Fund held under the Indenture of Trust for the bonds. All administrative costs of the CFD and the bond program are paid from proceeds of the special taxes levied in the CFD. The CFD is only authorized to levy the special taxes on land included within the boundaries of the CFD. ATTACHMENTS: Resolution Second Supplemental Indenture ofTrust RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING A SECOND SUPPLEMENTAL INDENTURE OF TRUST AND AUTHORIZING AND DIRECTING OTHER ACTIONS RELATING TO CONVERSION TO FIXED RATE BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. the Temecula Public Financing Authority (the "Authority") has issued its $17,310,000 Temecula Public Financing Author~y Community Facilities District No. 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002 Series A (the "Bonds") pursuant to an Indenture of Trust, dated as of August 1, 2002, between U.S. Bank National Association, as trustee (the "Trustee") and the Authority (as amended by the First Supplemental Indenture of Trust, dated as of June 1, 2004, between the Trustee and the Authority, the "Indenture"); and Section 2. the Indenture contains provisions which allow for the conversion of all or a portion of the Bonds from Bonds that bear interest at a variable rate to Bonds that bear interest at a fixed rate (a "Conversion"); and Section 3. to avoid the necessity to incur additional indebtedness of the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) (the "District") in connection with a Conversion, it is necessary to amend the Indenture to allow for the use of certain funds held under the Indenture to be used to pay Conversion expenses and to fund a reserve fund for the Bonds that are converted to fixed rate Bonds, and a Second Supplemental Indenture of Trust (the "Second Supplement") has been drafted to allow for such amendment; and Section 4. this Board of Directors now desires to approve the Second Supplement, to engage certain consultants necessary to complete the Conversion, and to direct City of T emecula (the "City") Staff to undertake actions necessary to present to this Board of Directors for its approval the documents necessary to effect the Conversion. Section 5. The Second Supplement, in the form on file with the Secretary, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Second Supplement in such form, together with such changes thereto as shall be approved by the Executive Director following consultation with Bond Counsel, the approval of such changes to be conclusively evidenced by the execution of the Second Supplement by the Executive Director. Section 6. City staff, acting for and on behalf of the Authority, are hereby authorized and directed to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to effect a Conversion of a portion of the Bonds from variable rate Bonds to fixed rate Bonds. The passage of this Resolution shall in no way obligate this Board of Directors to so convert any of the Bonds. Section 7. The firm of Stone & Youngberg LLC is hereby designated as underwriter to the Authority for any Bonds to be remarketed as fixed rate Bonds. Section 8. The firm of Canty Engineering is hereby designated as Special Tax Consultant to the Authority in connection with the Conversion, the firm of Fieldman Rolapp & Associates is hereby designated as financial advisor to the Authority in connection with the Conversion, the firm of McFarlin & Anderson is hereby designated as disclosure counsel to the Authority in connection with the Conversion, Stephen G. White, MAl, is hereby designated as Appraiser in connection with the Conversion and the firm of Quint & Thimmig LLP is hereby designated as Bond Counsel to the Authority in connection with the Conversion. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the Conversion, in form and substance acceptable to the Executive Director and the City Attorney. The fees and expenses of such consultants shall be payable solely from amounts in the Conversion Expenses Fund held under the Indenture. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority of the City of Temecula this 22nd day of November, 2005. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority of the City of Temecula, do hereby certify that the foregoing Resolution No. TPFA 05- was duly and regularly adopted by the Board of Directors of the T emecula Public Financing Authority of the City of Temecula at a meeting thereof held on the 22nd day of November, 2005, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Quint & Thimmig LLP 11/9/05 SECOND SUPPLEMENTAL INDENTURE OF TRUST between the TEMECULA PUBLIC FINANCING AUTHORITY and U.S. BANK NA TIONAL ASSOCIATION, as Trustee Dated as of November 22, 2005 Relating to: $17,310,000 Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002 Series A 20009.08018513 SECOND SUPPLEMENTAL INDENTURE OF TRUST THIS SECOND SUPPLEMENTAL INDENTURE OF TRUST (the "Second Supplemental Indenture"), dated for convenience as of November 22, 2005, is by and between the Temecula Public Financing Authority (the "Authority"), a joint exercise of powers authority duly organized and existing under the laws of the State of California, for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) (the "District"), a California community facilities district, and U.5. Bank National Association, as trustee (the "Trustee"), a national banking association organized under the laws of the United States of America, and supplements and amends the Indenture of Trust, dated as of August 1, 2002, by and between the Issuer and the Trustee (the "Original Indenture"). Recitals: WHEREAS, pursuant to the Original Indenture, the Issuer has issued its Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002 Series A (the "Bonds") to finance certain public improvements and to defease certain bonded indebtedness; and WHEREAS, Sections 9.01(g) of the Original Indenture provides that so long as all of the Bonds are Variable Rate Bonds (as defined in the Original Indenture), the Issuer and the Trustee may enter into a supplemental indenture (as such term is defined in the Original Indenture), to modify, alter, amend or supplement the Original Indenture in any respect, including amendments which would otherwise require the consent of the owners of the Bonds (the "Bondholders"), if notice of the proposed supplemental indenture is given to Bondholders (in the same manner as notices of redemption are given under the Original Indenture) at least thirty (30) days before the effective date of the proposed supplemental indenture and, on or before such effective date, the Bondholders have the right to demand purchase of their Bonds pursuant to the provisions of the Original Indenture; and WHEREAS, pursuant to the procedure authorized by Section 9.01(g) of the Original Indenture, the Authority and the Trustee entered into a First Supplemental Indenture, dated as of June 1, 2004 (the "First Supplement"), amending the Original Indenture by adding thereto a new Section 6.20 allowing for certain overlapping indebtedness as further described in the First Supplement (the Original Indenture, as amended by the First Supplement, is hereafter referred to as the "Revised Indenture"); and WHEREAS, the Authority now desires to make a change to the Revised Indenture, as provided in this Second Supplemental Indenture, with such change to be effective following at least 30 days notice thereof to the Bondholders. Agreement: NOW, THEREFORE, the parties hereto agree to amend the Indenture as follows: Section 1. Amendment. The Indenture is hereby amended by adding the following as a new subparagraph (e) to Section 3.05(c)(iii) thereof: -1- "(e) Notwithstanding the preceding subparagraph (A) or any other provision of this Indenture, if an Authorized Authority Representative notifies the Trustee in writing that a Conversion is reasonably expected to occur within twelve months from the date such written notice is provided to the Trustee, the Trustee shall (I) establish a separate subaccount of the Special Tax Fund to be known as the "Special Tax Suspense Subaccount"; (II) deposit to the Special Tax Suspense Subaccount the amounts that would otherwise be transferred pursuant to the preceding subparagraph (A) to the Variable Bond Payment Account (to be used to redeem Bonds) or to remain on deposit in the Annual Levy Account pursuant to the preceding subparagraph (A); (III) shall invest all amounts in the Special Tax Suspense Subaccount in Investment Securities of the character described in clause (x) of the definition of "Investment Securities" in Section 1.01, provided that any such money market fund shall invest solely in obligations the interest on which is not included in the gross incomes of the investors therein for federal income taxes (i.e. a tax-exempt money market fund which satisfies the credit requirements in clause (x) of the definition of Investment Securities); (IV) on the earlier of the Conversion Date that first occurs following the provision of such written notice or the date which is twelve months after receipt by the Trustee of such written notice, the Trustee shall use all amounts in the Special Tax Suspense Fund as follows: (x) if a Conversion Date so occurs, the Trustee shall transfer to the amounts in the following order of priority as directed in writing by an Authorized Authority Representative: first, to the Conversion Expenses Fund the amount, if any, needed to pay Conversion Expenses in excess of the amount then available for such purpose in the Conversion Expenses Fund; second, to the Post-Conversion Reserve Fund the amount, if any, needed to increase the amount on deposit in such fund to the amount of the Post- Conversion Reserve Requirement to be in effect immediately following such Conversion; third, to the Variable Bond Payment Account and the Trustee shall call for redemption pursuant to Section 4.01(e) on the next Interest Payment Date for which notice of redemption can timely be given, as many Variable Rate Bonds in $5,000 increments as can be so called for redemption with such funds; and fourth, any remaining amount (being the remaining amount less than $5,000) to be transferred to the Annual Levy Account to be used for the purposes thereof; or (y) if a Conversion Date does not so occur, the Trustee shall transfer to the Variable Bond Payment Account and the Trustee shall call for redemption pursuant to Section 4.01(e) on the next Interest Payment Date for which notice of redemption can timely be given, as many Variable Rate Bonds in $5,000 increments as can be so called for redemption with such funds, with any remaining amount (being the remaining amount less than $5,000) to be transferred to the Annual Levy Account to be used for the purposes thereof." Section 2. Effectiveness. This Second Supplemental Indenture shall become effective immediately following the last to occur of the following: (a) execution of this Second Supplemental Indenture by the Issuer and the Trustee, (b) execution of the consent hereto by Bank of America N.A., (c) thirty (30) days after notice of this Second Supplemental Indenture is given to the Bondholders (in the same manner as notices of redemption are given under the Revised Indenture); and (d) notice of this Second Supplemental Indenture is provided to the Rating Agency (as defined in the Revised Indenture), as required by Section 9.06 of the Revised Indenture. The Trustee is hereby instructed to send to the registered owners of the Bonds notice of this Second Supplemental Indenture as soon as practicable, such mailing to be made -2- by the Trustee in the same manner as notices of redemption are sent under the provisions of the Revised Indenture, and to send to the Rating Agency a copy of the Second Supplemental Indenture. Section 3. Execution in Several Counterparts. This Second Supplemental Indenture may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original and all such counterparts shall together constitute but one and the same instrument. Section 4. Governing Law. This Second Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and performed in such State. Section 5. Incorporation By Reference. The Issuer and the Trustee agree that, from and after the effective date of this Second Supplemental Indenture, the amendments contained in this Second Supplemental Indenture shall be incorporated by this reference thereto into the Revised Indenture, which Revised Indenture as so amended shall serve as the sole operative Indenture in connection with the Bonds. Section 6. Ratification and Reaffirmation of Revised Indenture. Except as hereby expressly amended, the Revised Indenture shall remain in full force and effect; and the Revised Indenture, as amended hereby, is ratified and confirmed. Section 7. Interpretation. In the event of any conflict between the provisions of the Revised Indenture and the provisions of this Second Supplemental Indenture, the provisions of this Second Supplemental Indenture shall control. Any reference in this Second Supplemental Indenture to a Section, without further qualification (such as, by way of example, "of this Second Supplemental Indenture") shall mean the specified section of the Revised Indenture, as amended and supplemented by this Second Supplemental Indenture. Section 8. Binding Effect. This Second Supplemental Indenture shall inure to the benefit of and shall be binding upon the Issuer, the Trustee, the owners of the Bonds and their respective successors and assigns, from and after the effective date hereof, as established pursuant to Section 2 above. -3- IN WITNESS WHEREOF, the Issuer and the Trustee have caused this Second Supplemental Indenture to be executed and delivered by duly authorized officers thereof as of the day and year first written above. TEMECULA PUBLIC FINANCING AUTHORITY By: Shawn Nelson, Executive Director U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Authorized Officer The foregoing Second Supplemental Indenture of Trust is hereby consented to. BANK OF AMERICA N.A., as issuer of Letter of Credit No. 3048839 with respect to the Bonds By: Its: 20009.08,)8513 -4- ITEM NO. 26 Approvals City Attorney Director of Finance City Manager. v ~ ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council Debbie Ubnoske, Director of Planning November 22, 2005 SUBJECT: Continuation of T emecula Regional Hospital Public Hearing PREPARED BY: Emery J. Papp, AICP, Senior Planner RECOMMENDATION: That the City Council open the public hearing and continue the public hearing for the Temecula Regional Hospital Project until the next scheduled City Council Meeting of December 13, 2005. BACKGROUND: A Public Hearing was held before the Planning Commission on November 16, 2005 to present the project and to receive written and oral testimony conceming the project. The., State CEQA Guidelines reqiJire that the City respond to comment letters provided by reviewing agencies and provide written responses to these comments to agencies a minimum of ten days prior to certifying an EIR for the project. Agencies have received written responses to comments, however. staff was not able to provide written responses to general public comments prior to the. Planning Commission hearing on November 16, 2005. At the conclusion of the presentation of the staff report of record and public testimony, the Planning Commission determined that it would be prudent to review the responses to all of the comment letters prior to making a recommendation to the City Council. The Planning Commission moved to continue the Public Hearing to a meeting to be held on December 7, 2005. At this time, staff recommends that the City Council open the public hearing and continue the hearing to the next regular City Council meeting of December 13, 2005, allowing the Planning Commission to fully review the responses to general public comments. FISCAL IMPACT: None ATTACHMENTS: None ITEM NO. 27 Approvals City Attorney Director of Finance City Manager ~ ;;J~tf CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Genie Roberts, Director of Finance DATE: November 22, 2005 SUBJECT: Amend Chapter 3.20 of the Temecula Municipal Code relating to Transient Occupancy Tax PREPARED BY: Karin A. Grance, Revenue Manager RECOMMENDATION: 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 AMENDING CHAPTER 3.20 OF THE TEMECULA MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX 2. Adopt a resolution entitled: RESOLUTION NO. 05 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A STANDARD FORM TO CLAIM EXEMPTION FROM THE TEMECULA TRANSIENT OCCUPANCY TAX. BACKGROUND: In 1990, the City Council adopted Ordinance No. 90-02 Establishing the Temecula Municipal Code and Enacting Titles 1, 2, and 3. Chapter 3.25 Transient Occupancy Tax is part of Title 3 Revenue and Finance of the Temecula Municipal Code and allows for the collection of a tax on hotel stays by transient customers. As part of the City's codification process in 1993, Title 3 was reorganized and became Chapter 3.20. . . No content changes were made during this process. As part of the 2003-04 State of Califomia legislative session, Assembly Bill 1916 (AB1916) made several changes to the Revenue and Taxation Code sections regarding local transient occupancy taxes in general law cities. This bill was approved and became effective January 1, 2005. Since Temecula is a General Law City, the City is required to incorporate any changes made to state government codes that affect existing city ordinances. AB1916 made changes to Revenue and Taxation Code Section 7280 and added sections 7283.5 and 7283.51 which relate to Transient Occupancy Taxes. Chapter 3.20 is being amended in it's entirety to reflect the changes and additions of AB1916. The highlights of AB1916 that are being proposed are as follows: . Federal employees traveling on official business are now exempt from local transient occupancy tax (TOT). . The City Councii must approve a standard form for the exemption from TOT. . Operators are now required to keep records for at least a period of four (4) years instead of three (3) years. . Operators are now required to submit in writing to the City of the potential sale, transfer or termination of the hotel along with an amount for unpaid taxes. . After the final return is filed, the City is to conduct a closeout audit and issue a tax clearance certificate. . Transient is further defined to address repeat guests and block booking guests. . Refund claims are now to be in writing and must be filed within one (1) year of the date of payment. This is a change from the three (3) years that were previously allowed. . To allow the City to record of a Certificate of TOT delinquency and create a lien on the property for collection. As part of the changes by AB1916, the City Council needs to adopt a standard exemption form. This standard exemption form is attached to the Resolution adopting it. In addition to the legislative changes, staff is recommending the following changes and additions: . A change to the reporting period and payment remittance from a quarterly to a monthly basis._ . Allow for the recovery of audit costs should an audit of the hotel records reveal an underpayment of the TOT to the City in an amount of more than 3%. The amendments do not change the rate of the Transient Occupancy Tax. Currently, the ordinance states that quarterly remittances required or a different reporting period may be established by City. The City has, in the past, required some hotels to report and remit TOT - monthly as result of audit findings. The City has experienced difficulty in obtaining accurate information and document during recent audits and collecting amounts due to the City. In order to improve TOT accountability, staff feels that monthly reconciliations by all hotels would be beneficial in providing more accurate and timely reports to the City. Monthly reporting will also help in correcting any issues that result in questionable exemption documentation. All TOT funds collected by hotels are held in trust for the City and therefore are due when collected. Staff is also recommending that the City allow for the recovery of audit costs when hotels have not remitted accurate TOT reports and payments. Recovery of audit costs would only be required if a hotel has underpaid the City in an amount of more than 3% of the actual TOT due. FISCAL IMPACT: None. ATTACHMENTS: (1) Ordinance No. 05- (2) Resolution No. 05- Adopting Form of Claim for Exemption from Temecula Transient Occupancy Tax (3) Assembly Bill 1916 of the 2003-04 Legislative Session ORDINANCE NO 05- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 3.20 OF THE TEMECULA MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 3.20 of Title 3 (Revenue and Finance) of the Temecula Municipal Code is hereby amended and restated to read as follows: Chapter 3.20 Transient Occupancv Tax 3.20.010 Short Title. This chapter shall be known at the "Temecula Uniform Transient Occupancy Tax". 3.20.020 Definitions. Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter. "Hotel" shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by Transients for dwelling, lodging or sleeping purposes, and includes, but is not limited to, any hotel, inn, tourist home or house, motel studio hotel, bachelor hotel, lodging house, rooming house, apartment house, rental unit, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually owned single-family dwelling rented only infrequently and incidental to normal occupancy or any timeshare as set out in California Revenue and Taxation Code Section 7280; provided that the burden of establishing that the facility is not a hotel shall be on the owner or Operator thereof. "Occupancy" shall mean the use or possession or the right to the use or possession, of any room or rooms or portion thereof, offered for rent for dwelling, lodging or sleeping purposes. "Operator" shall mean the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the Operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an Operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. "Person" shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit. "Rent" shall mean the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. "Tax Administrator" shall mean the City Manager of the City of T emecula or the person designated by the City Manager to act in the City Manager's place. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a Transient until the period of thirty (30) days has expired unless there is an agreement in writing between the Operator and the occupant obliging the occupant to pay market rate for the occupancy for a period of at least thirty-one (31) consecutive days. The Tax Administrator may develop and promulgate standard forms setting for the minimum substance of such agreements, and may require submission of such forms with the returns required by Section 3.20.070. In determining whether a person is a Transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this ordinance codified in this chapter may be considered. 3.20.030 Rate. A. For the privilege of occupancy in any hotel, each Transient is subject to and shall pay a tax in the amount of eight (8) percent of the rent charged by the Operator. Such tax constitutes a debt owed by the Transient to the city which is extinguished only by payment to the Operator of the hotel at the same time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the Transient's ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the Operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. B. In the event that an agreement exists between the hotel and any person for occupancy, as defined in this chapter, for a period in excess of thirty (30) days, and in the event that such person allows occupancy by another person for thirty (30) days or fewer as subtenant, guest, licensee or permittee, the person who has made the agreement with the hotel as aforesaid shall be subject to and shall pay the tax provided for herein. 3.20.040 Exemptions. No tax shall be imposed upon: (a) Any officer or employee of the United States of America when traveling on official business. (b) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon a claim in writing made at the time rent is collected upon a form complying with subsection (e) of Section 7280 of the Revenue and Taxation Code. The Tax Administrator may require submission of copies of such forms with the returns required by Section 3.20.070. 3.20.050 Operator's duties. Each Operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every Transient. The amount of tax shall be separately stated from the amount of rent charged, and each Transient shall receive a receipt for payment from the Operator. No Operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the Operator, or that it will not be added to the rent, or that, if added, any part will be refunded, except in the manner hereinafter provided. 3.20.060 Registration and certificate. A. Within thirty (30) days after commencing business each Operator of any hotel shall register with the Tax Administrator. Upon registration, each hotel Operator shall obtain a Transient occupancy registration certificate to be at all times posted in a conspicuous place on the premises. B. Such certificate shall, among other things, state the following: 1. The name of the Operator; 2. The address of the hotel; and 3. The date upon which the certificate was issued. C. In addition, such certificate shall bear the following text: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the uniform Transient Occupancy Tax by registering with the Tax Administrator for the purpose of collecting from Transients the Transient Occupancy Tax and remitting such tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit." 3.20.070 Reporting and remitting. Each Operator shall, on or before the last day of the month following the close of each calendar month or of such different reporting period as may be established by the Tax Administrator, make a return to the Tax Administrator, on forms provided by the Tax Administrator, of the total rents charged and received, the amount of tax collected for Transient occupancies, and such other information as may be reasonably required. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator. The Tax Administrator may establish either shorter or longer reporting periods for any individual certificate holder or category of certificate holders if the Tax Administrator deems it necessary or desirable in order to insure collection of the tax or to increase the efficiency of its administration. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by Operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the Tax Administrator. 3.20.080 Reporting and remitting upon cessation or transfer of business. A. An Operator who is transferring, selling, or terminating its business shall notify the Tax Administrator in writing at least thirty (30) days in advance of the date of transfer, sale, or termination. If the decision to sell, transfer, or terminate the business is made fewer than thirty (30) days before the transfer, sale, or termination occurs, the Operator shall notify the Tax Administrator immediately upon making that decision and in no event later than the date of transfer, sale, or termination. The Operator shall at the same time notify in writing any purchaser or transferee of its Hotel of the purchaser's or transferee's potential responsibility for unpaid collected taxes if any, as set forth in this Section and in Revenue and Taxation Code Section 7283.5. B. Upon cessation of business, whether by sale, transfer, termination, an Operator shall, on or before the same day of the next month following the cessation of business, or on the last day of that month if no corresponding day exists, make a return to the Tax Administrator on approved forms of the total taxable rents charged, the amount of tax collected for the reporting period ending on the cessation date, remittances made if any, and the balance of the tax due. The balance of tax due if any shall be remitted to the Tax Administrator at the time the final return is filed. After filing the final return and remitting the balance due, the Operator shall make its records of account available for a closeout audit by the Tax Administrator or his or her designee. Returns filed and taxes remitted and actually received by the Tax Administrator on or before the same day of the next month following cessation of business, or on the last day of that month if no corresponding day exits, shall be timely filed and remitted; otherwise, the taxes are delinquent and subject to the penalties imposed by this chapter. C. Any person purchasing an ongoing Hotel business may apply to the Tax Administrator for a tax clearance certificate showing the tax due, if any, from the selling Operator as of a date specified in the tax clearance certificate request. For purposes of this Section, successive Hotel businesses conducted without substantial interruption at the same Hotel shall constitute an ongoing Hotel business. 1. The issuance and effect of such certificates shall be as set forth in Revenue and Taxation Code Section 7283.5. 2. Before requesting records and conducting the audit permitted by subdivision (b) of Revenue and Taxation Code Section 7283.5, the Tax Administrator shall proceed in such manner as he or she may deem best to obtain facts and information on which to base an estimate of the tax due. The Tax Administrator shall notify the selling Operator of this estimate when requesting records for audit. If the selling Operator fails to provide records in response to the request within thirty (30) days after the serving or mailing of the estimate and record request, the Tax Administrator may issue a tax certificate in the amount of the estimate. 3. By resolution, the City may set an administrative fee for issuance of any such certificate. 3.20.090 Penalties and interest. A. Original Delinquency. Any Operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax. B. Continued Delinquency. Any Operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten (10) percent of the amount of the tax in additional to the amount of the tax and the ten (10) percent penalty first imposed. C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections A and B of this section. D. Interest. In additional to the penalties imposed, any Operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent (.5%) per month for each month or portion of a month that the tax shall be delinquent on the amount of the tax, exclusive of penalties, from the date on which the tax first became delinquent until paid. The interest shall be computed on a monthly basis and shall not be subject to proration for any portion of a month. E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. F. Collection. In addition to all other remedies the City may have in the collection of the tax, the City may initiate legal proceedings against the Operator for the collection of all amounts due to the City pursuant to this Chapter. In such action the City shall be entitled to receive its reasonable attorney fees and costs of collection from the Operator. 3.20.100 Failure to collect and report tax. A. If any Operator shall fail or refuse to collect the tax and to make, within the time provided in this chapter, any report and remittance of the tax or any portion thereof required by this chapter, the Tax Administrator shall proceed in such manner as the Tax Administrator may deem best to obtain facts and information on which to base an estimate of the tax due. B. As soon as the Tax Administrator shall procure such facts and information as the Tax Administrator is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any Operator who has failed or refused to collect the same and to make such report and remittance, the Tax Administrator shall proceed to determine and assess againsl such Operator the tax, interest and penalties provided for by this chapter. In the event such determination is made, the Tax Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the Operator so assessed at his last address known to the Tax Administrator. C. Such Operator may within ten (10) days after the serving or mailing of such notice make application in writing to the Tax Administrator for a hearing on the amount assessed. If application by the Operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. D. If such application is made, the Tax Administrator shall give not less than five (5) days' written notice in the manner prescribed herein to the Operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the Operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing, the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in Section 3.20.110. 3.20.110 Appeal. Any Operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the city clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The City Council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such Operator at his last known address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. 3.20.120 Records and Audits. A. It shall be the duty of every Operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of four (4) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the Tax Administrator shall have the right to inspect at all reasonable times. B. Such records shall be made available to the City at Operator's regular place of business, but in no event outside the County of Riverside. C. Should any examination or audit of Operator's records reveal an underpayment of any fee required under this ordinance, the amount of such underpayment shall become due and payable to the City not later than fifteen (15) days after written notice of such underpayment is sent to Operator by the City. Should an underpayment of more than three (3) percent be discovered, Operator shall bear the entire cost of the audit. D. All tax returns and information furnished by any Operator pursuant to this chapter shall be confidential and shall not be open to public inspection nor the specific contents thereof disclosed by any officer or employee except as necessary in the performance of official duty pursuant to this chapter, or in the course of any proceeding, hearing or litigation involving the existence or amount of the tax liability of such Operator, or with the written consent of the Operator or his authorized representative. 3.20.130 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections Band C of this section. No refund shall be issued except upon a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, filed with the Tax Administrator within one (1) year of the date of payment. The claim shall be on forms furnished by the Tax Administrator. Each person seeking a refund must file an individual claim; no class claims shall be recognized. B. Claim by Operator. An Operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more that once, or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a Transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the Transient or credited to rent subsequently payable by the Transient to the Operator. C. Claim by Transient. A Transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection A, but only when the tax was paid by the Transient directly to the Tax Administrator, or when the Transient, having paid the tax to the Operator, establishes to the satisfaction of the Tax Administrator that the Transient has been unable to obtain a refund from the Operator who collected the tax. D. Evidence. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. 3.20.140 Tax declared a debt; action to collect. A. Any tax required to be paid by any Transient under the provisions of this chapter shall be deemed a debt owned by the Transient to the city. Any such tax collected by an Operator which has not been paid to the city shall be deemed a debt owed by the Operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovering of such amount. B. Failure of an Operator to collect tax required to be paid by any Transient shall not excuse the Operator's obligation under this chapter. An Operator must pay to the city any tax required to be paid by any Transient, whether or not the Operator collects such tax from that Transient. C. If any amount required to be paid to the city under this chapter is not paid when due, the Tax Administrator may, within ten years after the amount is confirmed according to the procedure set forth in Section 3.20.070 or Section 3.20.080, as applicable, file for record in the office of the Riverside County recorder a certificate specifying the amount of tax, penalties, and interest due; the name and address, as it appears on the Tax Administrator's records, of the Operator liable for the tax, penalties, and interest; and the fact that the Tax Administrator has complied with all provisions of this chapter in the determination of the amount required to be paid. From the time of filing for record, the amount of the tax, penalties, and interest constitutes a lien upon any real property in the county owned by the Operator or acquired by the Operator thereafter. This lien has the force, effect, and priority of a judgment lien and shall continue for ten years from the time of filing of the certificate, unless sooner released or otherwise discharged, or unless renewed for subsequent periods in the manner prescribed by law. D. The amounts required to be paid by any Operator under this Chapter with penalties and interest shall be satisfied first in any of the following cases: 1. Whenever the Operator is insolvent; 2. Whenever the Operator makes a voluntary assignment of its assets; 3. Whenever the estate of the Operator in the hands of executors, administrators, heirs, or receivers is insufficient to pay all debts; 4. Whenever the estate and effects of an absconding, concealed, or absent Operator required to pay any amount under this chapter are levied upon by process of law. 3.20.150 Violations designated misdemeanor. Any Operator or other person who fails or refuses to register as required in this chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter, is guilty of a misdemeanor. Section 2. The City Council of the City of Temecula does find, determine and declare that: a. The Ordinance makes administratrative changes to the Transient Tax Ordinance changes required by Chapter 936 of the Statutes of 2004 (AB 1916) which pertain to the clarification of exemptions required by statutes and case law, collection procedures, records retention, refund claims and other procedural matters with respect to the administration of the Transient Tax system. b. This Ordinance does not change the rate of the tax, the scope of the tax nor the class of persons subject to the tax. c. The entire Chapter 3.20, Transient Occupancy Tax, of the Temecula Municipal C9de has been amended and restated by this Ordinance for the convience of the Operators and the Tax Administrators in implementing the changes to Chapter 3.20 and incorporating the renumbering of the added sections. Except for the changes to the previous version of Chapter 3.20, this Ordinance is declarative of existing law and the rights and obligations established under the prior version shall continue unless altered by the applicable changes set forth in this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance with attached exhibit and shall cause same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December,2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of November, 2005 and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13th day of December, 2005 by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A STANDARD FORM TO CLAIM EXEMPTION FROM THE TEMECULA TRANSIENT OCCUPANCY TAX THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to the requirements of Revenue and Taxation Code Section 7280 (e), the City Council of the City of Temecula hereby approves the form of the Claim for Exemption from Temecula Transient Occupancy Tax, attached hereto as Exhibit A, and incorporated herein as though set forth in full. Section 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this resolution. EXHIBIT A PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of November, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 05- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk Assembly Bill No. 1916 CHAPTER 936 An act to amend Section 7280 of, and to add Sections 7283.5 and 7283.51 to, the Revenue and Taxation Code, relating to taxation. [Approved by Governor September 29,2004. Filed with Secretary of State September 30,2004.] AB 1916, delinquencies. (I) Existing law authorizes the legislative body ofa city or county to impose an excise tax for the privilege of occupying a room or other living space in a hotel, inn, tourist home or house, motel, or other lodging, as provided. This bill would clarify that these provisions also apply to a city and county. This bill would also require the legislative body of a city, county, or city and county that elects to exempt from these taxes certain foreign, federal, state, and local governmental employees and officers to create a form for these employees and officers to claim the exemption, as provided. (2) Existing law authorizes county boards of supervisors to establish procedures for the collection of delinquent occupancy taxes. This bill would require the legislative body of a city, county, or city and county that imposes an occupancy tax to establish procedures to allow prospective property owners that would be required to collect this tax to apply for, and be issued, an occupancy tax clearance certificate, as specified. This bill also would establish a 4-year statute of limitations for an action by any of these entities to collect past due occupancy taxes, except in cases of fraud or the failure of the property owner to file an occupancy tax return. This bill states the Legislature's intent that this bill not be construed to make any changes to transient occupancy taxes that apply to charter cities and charter counties. (3) This bill would incorporate additional changes in Section 7280 of the Revenue and Taxation Code proposed by AB 2252 that would become operative only if AB 2252 and this bill are both chaptered and become effective on or before January 1,2005, and this bill is chaptered last. LEGISLATIVE COUNSEL'S DIGEST Maddox. Occupancy taxes: exemptions and 91 I Ch. 936 -2- The people of rhe State of California do enact as follows: SECTION 1. Section 7280 of the Revenue and Taxation Code is amended to read: 7280. (a) The legislative body of any city, county, or city and county may levy a tax on the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days. The tax, when levied by the legislative body of a county, applies only to the unincorporated areas of the county. (b) For purposes of this section, the term "the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging" does not include the right of an owner of a time-share estate in a room or rooms in a time-share project, or the owner of a membership camping contract in a camping site at a campground, or the guest of the owner, to occupy the room, rooms, camping site, or other real property in which the owner retains that interest. For purposes of this subdivision: (I) "Time-share estate" means a time-share estate, as defined by Section 11003.5 ofthe Business and Professions Code. (2) "Membership camping contract" means a right or license as defined by subdivision (b) of Section 1812.300 of the Civil Code. (3) "Guest of that owner" means a person who does either of the following: (A) Occupies real property accompanied by the owner of either of the following: (i) A time-share estate in that real property. (ii) A camping site in a campground pursuant to a right or license under a membership camping contract. (B) Exercises that owner's right of occupancy without payment of any compensation to the owner. (e) "Guest of that owner" specifically includes a person occupying a time-share unit or a camping site in a campground pursuant to any form of exchange program. (c) For purposes of this section, "other lodging" includes, but is not limited to, a camping site or a space at a campground or recreational vehicle park, but does not include any of the following: (1) Any facilities operated by a local government entity. (2) Any lodging excluded pursuant to subdivision (b). (3) Any campsite excluded from taxation pursuant to Section 7282. (d) Subdivision (b) does not affect or apply to the authority of any city, county, or city and county to collect a transient occupancy tax from 91 I -3- Ch. 936 time-share projects that were in existence as of May I, 1985, and which time-share projects were then subject to a transient occupancy tax imposed by an ordinance duly enacted prior to May I, 1985, pursuant to this section. Chapter 257 of the Statutes of 1985 may not be construed to affect any litigation pending on or prior to December 31,1985. (e) (I) (A) If the legislative body ofacity, county, or city and county elects to exempt from a tax imposed pursuant to this section any of the following persons whose occupancy is for the official business of their employers, the legislative body shall create a standard fonn to claim this exemption and the officer or employee claiming the exemption shall sign the fonn under penalty of perjury: (i) An employee or officer of a government outside the United States. (ii) An employee or officer of the United States government. (iii) An employee or officer of the state government or of the government of a political subdivision of the state. (B) The standard fonn described in subparagraph (A) shall contain a requirement that the employee or officer claiming the exemption provide to the property owner one of the following, as detennined by the legislative body of the city, county, or city and county imposing the tax, as conclusive evidence that his or her occupancy is for the official business of his or her employer: (i) Travel orders from his or her government employer. (ii) A government warrant issued by his or her employer to pay for the occupancy. (iii) A government credit card issued by his or her employer to pay for the occupancy. (C) The standard fonn described in subparagraph (A) shall contain a requirement that the officer or employee provide photo identification, proof of his or her governmental employment as an employee or officer as described in clause (i), (ii), or (iii) of subparagraph (A), and proof, consistent with the provisions of subparagraph (B), that his or her occupancy is for the official business of his or her governmental employer. (2) There shall be a rebuttable presumption that a property owner is not liable for the tax imposed pursuant to this section with respect to any government employee or officer described in clause (i), (ii), or (iii) of subparagraph (A) of paragraph (I) for whom the property owner retains a signed and dated copy of a standard fonn that complies with the provisions of subparagraphs (B) and (C) of paragraph (I). (!) The provisions of subdivision (e) are not intended to preclude a city, county, or city and county from electing to exempt any other class of persons from the tax imposed pursuant to this section. 91 I Ch. 936 -4- SEe. 1.5. Section 7280 of the Revenue and Taxation Code is amended to read: 7280. (a) The legislative body of any city, county, or city and county may levy a tax on the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days. The tax, when levied by the legislative body of a county, applies only to the unincorporated areas of the county. (b) For purposes of this section, the term "the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging" does not include the right of an owner of a time-share estate in a room or rooms in a time-share project, or the owner of a membership camping contract in a camping site at a campground, or the guest of the owner, to occupy the room, rooms, camping site, or other real property in which the owner retains that interest. For purposes of this subdivision: (I) "Time-share estate" means a time-share estate, as defined by paragraph (I) of subdivision (x) of Section 11212 of the Business and Professions Code. (2) "Membership camping contract" means a right or license as defined by subdivision (b) of Section 1812.300 of the Civil Code. (3) "Guest of that owner" means a person who does either of the following: (A) Occupies real property accompanied by the owner of either ofthe following: (i) A time-share estate in that real property. (ii) A camping site in a campground pursuant to a right or license under a membership camping contract. (B) Exercises that owner's right of occupancy without payment of any compensation to the owner. (e) "Guest of that owner" specifically includes a person occupying a time-share unit or a camping site in a campground pursuant to any form of exchange program. (c) For purposes of this section, "other lodging" includes, but is not limited to, a camping site or a space at a campground or recreational vehicle park, but does not include any of the following: (I) Any facilities operated by a local government entity. (2) Any lodging excluded pursuant to subdivision (b). (3) Any campsite excluded from taxation pursuant to Section 7282. (d) Subdivision (b) does not affect or apply to the authority of any city, county, or city and county to collect a transient occupancy tax from time-share projects that were in existence as of May I, 1985, and which 91 I -5- Ch. 936 time-share projects were then subject to a transient occupancy tax imposed by an ordinance duly enacted prior to May I, 1985, pursuant to this section. Chapter 257 of the Statutes of 1985 may not be construed to affect any litigation pending on or prior to December 31,1985. (e) (I) (A) Ifthe legislative body ofa city, county, or city and county elects to exempt from a tax imposed pursuant to this section any of the following persons whose occupancy is for the official business of their employers, the legislative body shall create a standard fonn to claim this exemption and the officer or employee claiming the exemption shall sign the fonn under penalty of perjury: (i) An employee or officer of a government outside the United States. (ii) An employee or officer of the United States government. (iii) An employee or officer of the state government or of the government of a political subdivision of the state. (B) The standard fonn described in subparagraph (A) shall contain a requirement that the employee or officer claiming the exemption provide to the property owner one of the following, as detennined by the legislative body ofthe city, county, or city and county imposing the tax, as conclusive evidence that his or her occupancy is for the official business of his or her employer: (i) Travel orders from his or her government employer. (ii) A government warrant issued by his or her employer to pay for the occupancy. (iii) A government credit card issued by his or her employer to pay for the occupancy. (e) The standard fonn described in subparagraph (A) shall contain a requirement that the officer or employee provide photo identification, proof of his or her governmental employment as an employee or officer as described in clause (i), (ii), or (iii) of subparagraph (A), and proof, consistent with the provisions of subparagraph (B), that his or her occupancy is for the official business of his or her governmental employer. (2) There shall be a rebuttable presumption that a property owner is not liable for the tax imposed pursuant to this section with respect to any government employee or officer described in clause (i), (ii), or (iii) of subparagraph (A) of paragraph (I) for whom the property owner retains a signed and dated copy of a standard fonn that complies with the provisions of subparagraphs (B) and (e) of paragraph (I). (t) The provisions of subdivision (e) are not intended to preclude a city, county, or city and county from electing to exempt any other class of persons from the tax imposed pursuant to this section. SEC. 2. Section 7283.5 is added to the Revenue and Taxation Code, to read: 9t I Ch. 936 -6- 7283.5. (a) (1) A purchaser, transferee, or other person or entity attempting to obtain ownership of a property, the owner of which is required to collect the tax imposed pursuant to this chapter, may request the city, county, or city and county in which that property is located to issue a tax clearance certificate under this section. (2) A city, county, or city and county that issues a tax clearance certificate under this section may charge an administrative fee to cover its costs in issuing the certificate. (b) Within 90 days of receiving a request described in subdivision (a), a city, county, or city and county shall do either of the following: (1) Issue the tax clearance certificate. (2) (A) Request the current owner of the property to make available that owner's transient occupancy tax records for the purpose of conducting an audit regarding transient occupancy taxes that may be due and owing from the owner of the property. (B) (i) Complete the audit described in subparagraph (A) on or before 90 days after the date that the current or former owner's records are made available to the auditing jurisdiction and issue a tax clearance certificate within 30 days of completing the audit. (ii) If, after completing the audit, the city, county, or city and county makes a determination that the current owner's records are insufficient to make a determination of whether transient occupancy taxes may be due and owing, the city, county, or city and county is not required to issue a tax clearance certificate as otherwise required by this subdivision. The city, county, or city and county shall, within 30 days of making that determination, notify the purchaser, transferee, or other person or entity that made the request that it will not issue a tax clearance certificate due to the insufficiency of the prior owner's records. (c) If a city, county, or city and county does not comply with subdivision (b), the purchaser, transferee, or other person or entity that obtains ownership of the property shall not be liable for any transient occupancy tax obligations incurred prior to the purchase or transfer of the property. (d) For a tax clearance certificate issued under this section, all of the following apply: (1) The certificate shall state the amount of tax due and owing for the subject property, if any. (2) The certificate shall state the period of time for which it is valid. (3) The purchaser, transferee, or other person or entity who obtains ownership of the property may rely upon the tax clearance certificate as conclusive evidence of the tax liability associated with the property as of the date specified on the certificate. 91 I -7- Ch. 936 (e) Any purchaser, transferee, or other person or entity described in subdivision (a) who does not obtain a tax clearance certificate under this section, or who obtains a tax clearance certificate that indicates that tax is due and fails to withhold, for the benefit of the city, county, or city and county, sufficient funds in the escrow account for the purchase of the property to satisfy the transient occupancy tax liability, shall be held liable for the amount of tax due and owing on the property. (I) This section may not be construed to relieve a property owner of transient occupancy tax obligations incurred when that owner owned the property. SEe. 3. Section 7283.51 is added to the Revenue and Taxation Code, to read: 7283.51. Notwithstanding any other provision oflaw, except in the case of fraud or the failure of a property owner to file a transient occupancy tax return, a city, county, or city and county may institute an action to collect unpaid transient occupancy taxes within four years of the date on which the transient occupancy taxes were required to be paid. SEe. 4. It is the intent of the Legislature that this bill not be construed to make any changes to transient occupancy tax laws that apply to charter cities and charter counties. SEC. 5. Section 1.5 of this bill incorporates amendments to Section 7280 of the Revenue and Taxation Code proposed by both this bill and AB 2252. It shall only become operative if(l) both bills are enacted and become effective on or before January I, 2005, (2) each bill amends Section 7280 of the Revenue and Taxation Code, and (3) this bill is enacted after AB 2252, in which case Section I of this bill shall not become operative. o 9t I ~:i~'. City of Temecula ... '. ~i~.~~ . 43200 Business Park Drive, PO Box 9033, Temecula, California 92589-9033 . ~':r:!'!"1J (951) 694-6430 FAX (9511 694-6479 ~". CLAIM FOR EXEMPTION FROM TRANSIENT OCCUPANCY TAX Temecula Municipal Code Chapter 3.20 (Approved by City Council Resolution No. 05-________) I, ___________________________ declare, under penalty of perjury, pursuant to the laws of the State of California, that the following statement is true, correct and complete: A. I claim an exemption of $________ for room rental charged to me on ___________ for the following reason (check one): 1. I am an officer or employee of the United States of America and am traveling on official business. am an officer or employee of the following governmental agency: [name and address of Agency]. A true correct and complete copy of my employee ID or my employment work order is attached to this declaration and incorporated herein as though set forth in full. 2. I am an officer or employee of a foreign government who is exempt by reason of express provision of Federal Law or International Treaty. I am an officer or employee of the following foreign governmental agency: [name and address of Agency]. A true correct and complete copy of my employee ID or my employment work order is attached to this declaration and incorporated herein as though set forth in full. 3. I am signing an agreement at the time of check-in, which provides for occupancy beyond 30 days (No tax collected). 4. I have occupied a room (or rooms) in this hotel/motel for 30 days and will be staying for a longer period (No tax collected from day 31 to the end of consecutive occupancy). 5. I have occupied a room (or rooms) in this hotel/motel for less than 30 days and am signing an agreement providing for occupancy beyond 30 days (No tax collected from date of agreement to the end of consecutive occupancy). B. The following further information, references, facts and reasons confirm my claim for exemption: This Claim for Exemption for Transient Occupancy Tax is executed on ________________, 200__, at Temecula, California. SIGNATURE PRINT NAME ITEM NO. 28 APPROVAL ai,/," CITY ATTORNEY ".... DIRECTOR OF FINANCE_.4.2.:Jf) CITY MANAGER r CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones City Clerk/Director of Support Services DATE: November 22,2005 SUBJECT: Appointment of Mayor and Mayor Pro Tem for Calendar Year 2006 RECOM M ENDA TION: That the City Council: 1. Entertain motions from the City Councilmembers to appoint the Mayor to preside, effective January 1, 2006, to the end of Calendar Year 2006. 2. Entertain motions from the City Councilmembers to appoint the Mayor Pro T em, effective. January 1, 2006, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2006. BACKGROUND: '. The City Council appoints a member to serve as Mayor and Mayor Pro Tem , annually. These offices are assumed at the first meeting of the City Council in January and the newly elected Mayor and Mayor Pro Tem will preside through the Calendar Year of 2006. FISCAL IMPACT: None Agenda Reports/Appointment of Council Officers NEW ITEM NO. 29 Approvals City Attorney Director of Finance City Manager ~ /JK tf CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council William G. Hughes, Director of Public Works/City Engineer November 22, 2005 SUBJECT: Department of Public Works Monthly Agenda Report RECOMMENDATION: That the City Council review and file the Department of Public Works Monthly Activity Report for the month of October, 2005. ATTACHMENTS: . 1. CIP Division Monthly Activity Report 2. Public Works Maintenance Division Monthly Activity Report CAPITAL IM.PROVEMENT PROJECTS Monthly Activity Report October I November 2005 Prepared By: Amer Attar Submitted by: William G. Hughes Date: November 22, 2005 PROJECTS UNDER CONSTRUCTION 1. Old Town CommunIty Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. Construction started on 3-3-Q4. This project is complete. The Grand Opening took place on 10/04/05. Punch list items and close out items will likely be on- going for next two months. . 2. Pechanga Parkway Phase liB Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2) The project includes the construction of a grass-lined channel and box culvert crossings from Loma Linda Road to Deer Hollow Road. The construction of a reinforced grass lined channel/box culverts from Loma Linda Road to Deer Hollow Road and a concrete channel/rip . rap outlet structure from 1,000 feet north of Muirfield Drive to Temecula Creek is complete. Punch list items will be corrected during the month of November. 3. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho Califomia Road. The design includes a complete reconstruction of the road within the project limits. In addition, problematic driveways will be reconstructed. The project was "substantially completed" on June, 2005 and fully completed (including CMP repairs) by September, 2005. The conlractor has requested final payment. Acceptance of these improvements took place on !he Oct. 25,2005 City Council mtg. The final contract amount is $2,087,786.50. We will release retention in late December, per our retention procedures. 4. FIre Station. Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The first working day was 4- 11-05 and !his extends to a completion date in early February of 2006. Work is focused interior drywall, exterior stucco and site hardscape. 5. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right tum lane from Eastbound Winchester to Sou!hbound Jefferson, sterting at Enterp~se Circle. All contract item and ceo work Is complete. There are a few outstanding items, mostly having to do with Ia'ndscaping issues, pertaining to terms of an agreement with the property owner of .the Enterprise Professional Building at 41530 Winchester Rd, that are still being worked out. Acceptance of the roadway improvements should go to City Council next month. 6. PatricIa H. Birdsall Sports Park A new 40+ Acres sports complex will be built at the comer of Pechanga Parkway and Deer Hollow Way. Bids were opened on September 16, 2004. The contract was awarded to Douglas E. Bamharl, Inc. at the September 28, 2004. Council meeting. The contract award arnount is $13,365,055.51. On-going and partially completed work includes the installation of irrigation and field drainage, parking lots paving, sidewalks, access ramp footings, accessible viewing areas, shade structures, baseball fields' perimeter fencing, building electrical wiring. Completed work Includes underground electrical, plumbing, site sewer & storm drain, mass grading, soccer field curbs, basketball courts concrete, baseball fields' backstops, masonry block buildings, building framing and roofing. Overall project completion is on schedule for February '06. 7. Patricia H. Birdsall Sports Park Synthetic Turf As part of the sports park project, a separate contract to install synthetic turf on four fields, three soccer fields and a championship field that includes football overlay, was awarded to Byrom-Davey. Project site clean-up was completed the week of 10/31/05; only punch list items and fine-tuning of synthetic turf remains to be completed. An outside consultant, DA Hogan & Associates, was contracted to provide expertise on said fine-tuning ofthe turf; a report with their recommendations will be forthcoming, and used to finalize the punch list for project completion. Final touches will be put on soccer fields shortly before the park opening. 8. Vall Ranch Middle School Basketball Court Lighting This project will add lights to the basketball cOurts at Vail Ranch Middle School. The project was bid successfully the second time with R & M Electrical Contracting being awarded the project on March 8, 2005 in the amount of $102,696.00. Work began June 20, 2005. Work began June 20, 2005 with substantial completion occurring on 10/31/05. Project delayed due to SCE easement requirement. Contractor Is working on final punchllst items. 9. TemeculaLibrary A full service library, approximately 34,000 square feet in area, has been designed and will be buill on Pauba Road, just west of Fire Station #84. The City was successful in obtaining State grant to aid in funding the library. Site retaining wall at Northwest corner of Library courtyard has been poured and backfilled. Footings for building retaining wall have been poured and retaining wall formwork is ongoing. Structural steel is being erected at South side of building. Underground . Elecbical work is ongoing. Inspiration Garden wall has been poured. Contractor has exported approximately 1500 cubic yards of soil. 10. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga CreeklDel Rio Road over Empire Creek . This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. This project is partially funded federal HBRR barrier replacement funds. Construction Authorization was received. Locations are Rainbow Canyon Road over Pechanga Creek and Del Rio Road over Empire Creek. Locations are Rainbow Canyon Road over Pechanga Creek and Del Rio Road over Empire Creek. The construction contract was awarded on 81912005 and work began on 10/06/05. The concrete barrier walls are being formed with concrete. scheduled to be poured 11/16/05. 2 11. Bus Bench Upgrades Under this project, new bus benches and shade structures will be installed at certain stops and existing benches will be upgraded at various locations. Sutherlin Contracting has completed all of the concrete pad, bench, shade structure & solar lighting installations. Woik by the contractor is complete. The only remaining item is placing City Seals on the shelters. Seals have been ordered and the Maintenance Division will install then once they arrive. 12. Slurry Seal Project - FY 200412005 This project will slurry seal the residential streets SW of Pechanga Parkway between Rainbow, Canyon Road and Via Eduardo. Additional working days were added to the contract due to inclement weather. Construction is essentially complete; outstanding items of work include replacement of pavement delineation and general site clean up. Both are scheduled for mid- November. 13. Traffic Signal at Route 79060uth and Country Glen Way A new traffic signal is under construction at Route 79 South and County Glen Way. The traffic signal at Route 79 South and County Glen Way is complete. 14. City Field OperatIons Center (MaIntenance Facility and Corporate Yard) - Phase 1 Under this project, an expansion of the maintenance facility will be built on the property adjacent to City Hall. Westem Rim Constructors (WRC) was awarded the project with a low bid of $636,094.80. ' The pre-con meeting was held on 10-EXl5. Notice To Proceed was issued on 10-10-05. There will be'100 working days. Hurricanes Kabina & Rita have impacted the resin industry which caused a shortage of plastic pipe, WRC has advised that pricing & availability may impact this project. Western Rim Constructors (WRC) continues to: (a) submit submittals i.e. stormceptor, exterior , lighting, ac pavement, etc., (b) perform grading & (c) install underground utilities. They are currently installing the 6" PVC sewer line and required appurtenances. This phase should be complete in , March 2006. 15. Pavem,ent Rehabilitation Program. FY 2005/2006 This project continues the annual pavement rehabilitation program for City streets. Project scope focuses on Ynez Road, between Rancho Califomia Road and Solana Way. Contract was awarded to Silvia Construction, Inc. on September 13, 2005. Construction began on 10/02105. Construction ,is essentially complete; outstanding work items include installation of survey monuments and , general'site clean up. Both are scheduled for mid-November. .. " 16. Guardrail Installation and Replacement On Rainbow Canyon Road In this project. old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. Bids were opened 10/27/05. Apparent low bidder was D.C Hubbs Construction with a bid amount of $245,325.00. Recommendation to award the construction contract is scheduled for Council meeting on 11/22/05. J PROJECTS BEING ADVERTISED FOR BIDS 1. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho Califomia Road. Business Park Drive will be aT-intersection at Diaz. Recommendation to reject all bids is going to the Oct. 25, 2005 City Council meeting. The project will be re-bld at a future date. PROJECTS IN DESIGN 1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road) 'This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Brldge to Pechanga road. The City recently met with Caltrans (Local Assistance) and the City's environmental consultant to re-<:Iassify the Preliminary Environmental Document (NEPA) of the project to a Categorical Exclusion with required technical studies (invoMng Federal action). After Caltrans (Local Assistance) reviewed the Pechanga Parkway traffic study, they also recommended the City combined the noise studies from the City and Wolf Creek into one overall noise study for review. The City has submitted the natural environment study/minimal impacts study, Air Quality Study, and Section 106 study wi APE map & HPSR to Caltrans for review and approval. Once Caltrans approves the environmental document (PES) and the improvement , plans are complete, the City can then start the public bid process and proceed with the acquisition of three properties along Pechanga Parkway. '2. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate 'width. Specifications are under review. Plans were sent to all utilities and utility issues are being addressed. Work is being coordinated with the library project. RCWD has approved the plans and provided the City with reproducible documents. The consultant, PDC, is updating the plans to reflect existing conditions. From the time these plans were originally completed, a number of developments were constructed along Pauba Road. PDC submitted the documents for final review on October 7, 2005 and review is under way. The project should go out to bid in the next week or two. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp of Engineers is required. The City received confirmation from RCFC & WCD that the Murrieta Creek Bridge should be raised an additional 4 inches to maintain a minimum 3-foot freeboard. The consultant is continuing the design and the City should receive 60% design plans by November. '4. Fire Station - Wolf Creek Site eA 9,000 SF fire station will be built at the SE comer of Wolf Valley Road and Wolf Creek Dr. STK formally submitted 100% construction drawings on Aug, 2005. STK continues to address the 1st plan check comments from various depts. & will re-submit a 2nd submittal in November. STK Is to 4 coordinate landscaping w/Architerra Design Group, Inc.; the developer is working on the monument sign design. STK Is re-evaluating their Amendment #3 to the contract. STK is ensuring that the civil plan is designed to comply to the onsite BMP requirements/criteria. 5. Murrieta Creek MuUI Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans (the administrator of the federal funds) has given the City the "Authorization to Proceed with Preliminary Engineering." The City is working with Caltrans, US Army Corps of Engineers (USACE) and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. The signed Programmatic Categorical Exclusion (approved environmental document) was received from Caltrans on April 15, 2005. Final Design is underway and the 90% Plans were reviewed and 'comments retumed to Kimley-Horn. The next submittal was received in late September and comments were returned to K-H on Oct. 19, 2005 for revision. The City has received construction authorization from Caltrans. 6. State Route 79 South Medians Under this project medians will be constructed on Route 79 South within the City of Temecula limits. PDC is progressing toward the 90% submittal addressing comments from the City. 7. Rancho California Road Widening, Old Town Front Street to 1-15 (Souths ide) This project will provide a right turn lane for southbound 1-15 motorists and provide a dual left turn lane from westbound RCR to southbound Front Street. An MND (CEOA) was completed and a Notice ofDetermination was filed. The Caltrans permit is being finalized. Staff has met with Denny's and Union 76 and is awaiting their approval of right of entries. We anticipate going to bid in November/December with construction starting the first of the year. 8. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. A meeting was held on 8/24/05 with Corps of Engineers regarding pursuing the project as stand-alone. Design consultant Sinion Wong Engineering (SWE) is continuing to pursue environmental permitting and coordination ' , issues associated with pursuing the bridge replacement as a project separate from the Corps of Engineer's channel improvement project. SWEhas also revised their original design proposal for this project in light of these additional efforts required; additional funding will be required to cover these revisions. No significant changes since last month; inter-agency meeting to address permitting issues tentatively sch.eduled forweek of 11/14/05. 9. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2 This project will construct the second phase of the City's Field Operation Center, which include the building. Consultant anticipates submitting 100% construction drawings (CD's) in late November. 10. Santa Gertrudls Bicycle/ Trail Undercrossing at Margarita Road This project will construct a trail for bicydes and pedestrians along Santa Gertrudis Creek under , Margarita Road. 30% plan check comments have been provided to the designer. Data regarding existing utilities are being incorporated into the design. Consultant is continuing the environmental review, process. 5 11. Bridge Fencing Fences will be Installed on bridges over 1-15. Proposed fencing locations are the east bound sides of the Overland Drive and Rancho Callfomla Road bridges over Interstate 15. Nolte Associates is proceeding with the design. ' 12. Localized Stonm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project Is currently on hold. 13. Long Canyon Detention Basin. Access Road This project will construct an access road to lhe Long Canyon Detention Basin. Plans and specifications are 90% completed, however winter rains have affected the project conditions and the scope of work will need to be reevaluated. The City is seeking FEMA funds to remove excess silt. Project is on hold unlil FEMA detenminatlon Is finalized. 14. Rancho California Median Modifications This project will modify the median ori Rancho California Road just east of 1-15 to accommodate one more lane of traffic. RFP#140 went out and JMD was selected as design consultant. Definition of the scope of work is in process w/JMD. The plan is to take a contract to City Council for approval on December 13th. 15. Pavement Rehabilitation Program - FY 2005/ 2006 Portions of D13z Road will be rehabilitated between Rancho California Road and Winchester Road. PS&E is 50% complete. Advertisement anticipated in January 2006. '18. PedestrlanlBlcycie Bridge Over Santa Gertrudis Creek An approximately 200' long bridge will be built from Margarita Road to Chaparral High Sphool, across Santa Gertrudis Creek. RFP#141 was sent out and proposals are due Dec 5th. This is a federally funded project, which will involve specific steps/actions to environmentally clear it. This was 'clearly noted in RFP. PROJECTS IN THE PLANNING STAGE 1. 1-151 SR 79 South Interchange. Project Report (PR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. The City received executed Project Charter from Caltrans. Caltrans' first review of AcoustiCal Evaluation and Air Quality Study was completed; City is addressing comments. The City continues to address Caltrans' comments on the Traffic Study received last month; resubmittal is anticipated by mid-November. In addition, the City continued development of design geometries, biological study, cultural study, storm water data report, and modified access report. 6 ,2. French Valley Parkway Overcrosslng and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-1511-215 split. We are following up with Caltrans to get all the comments on the PRo Reports should come shortly. M&N are preparing a package to be submitted to FHWA. Authorization was given to BonTerra to prepare socioeconomic report & Paleo report. The reports will be forwarded to M&N. We have received the comments on Geometric Approval Drawing (GAD). M&N are addressing these comments. BonTerra has submitted the revised NES and APE maps. I have requested couple of weeks review time. 3. French Valley Parkway Interim Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudls Creek at theWlnchester Southbound Off-ramp' - Phase I The City and Caltrans have agreed that immediate action is required to relieve congestion at the Winchester Road southbound off-ramp. Caltrans has even agreed to contribute $750,000 to the construction of an auxiliary lane and widen the bridge over Santa Gertrudis Creek. A southbound off-ramp to French Valley Parkway will be included in the. construction of the improvements at the Winchester southbound off-ramp provided that all the environmental clearances can be obtained in time. The consultant is anticipating submitting the plans for first plan check at the beginning of 2006. M&N prepared a schedule for the interim project and they should have a PS&E by May 06; The geotechnical work has been completed. RIW issues are on top of the list. Murrieta will help with identifying the properties on their side of the project. M&N provided the City with three altematives for modifying the alignment of French Valley between 1-15 and Jefferson. The Citywiil review these, options with the City of Murrieta. 4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City LimIts and Olaz Road Extension The determination of the crossing location is combined with the Dlaz Road Extension alignment study and design. Coordination with the City of Murrieta, Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currenUyawaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. Staff has yet to receive the data. 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I! .Jlhq~:'! .~6i H H ~H!~:I ~l1t ~iIt 8CD 8'~S~'I'.lj CDJ8 ~]< U '~~'&~~ il :~~ o l;'ll1l'll..cll~'l;jos e l:'!!. =D a.a CiI Q) .s lD.6 =!i ilK:!!r~..N{'l~~ 'l;~'iijJlg.!!~h~ ftH lq~ii~H:h~ :t~~~,*i!lBH~~H ,~ ~ ~ z ~ ~ z ~ .. c '0 'i' c o l!' '0 'i' c o .. c '0 'i' c o ~ ! ! H ~ ~ ~ l;m ~ '3 '3 E ('00 ., .,.cc" .. CD I! .. I! " ,j, .f ~ w CD 8 .5 CD " lD 'll , ~ ... j Q , W lD Q iii ::i: .2 .e CD CD 15 c "'l'l g '6 'Ii ~ '* ~ .. lD ~ .! 1ii tl E J! .ll Il. ~ ~~ 11 Iii 'e' 'l! l!:a. ~H~ cl1leh ~ ai c J!! " CD ~ c'3 CD ~ ii: 1:1 .. 'e' a. a. o ~ o ~ ~ - - <ii ll. ;: .. " ~ ~ o ~ MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: 6.1; Brad Buron, Maintenance Superintendent DATE: November 1, 2005 SUBJECT: Monthly Activity Report - October, 2005 ,The following activities were perfoimed by Public Works Department, Street Maintenance Division in-house personnel for the month of October, 2005: I. SIGNS A. Total signs replaced 115 B. Total signs installed 8 C. Total signs repaired 46 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 12 1II. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons 4.772 40 IV. CATCH BASINS A. Total catch basins cleaned 306 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 620 VI. GRAFFITI REMOVAL A. B. Total locations 43 4.953 Total S.F. VII. STENCILING A. 227 New and repainted legends B. -0- L.F. of new and repainted red curb and striping R;\MAlNTAIN\MOACT'IlI'N5.06\0CT0BER.~ Also. City Maintenance staff responded to ~ seIVice order requests ranging from weed abatement. tree trimming. sign repair. A.C. failures. litter removal. and caleh basin cleanings. This is compared to ~ service order requests for the month of Sentember. 2005. The Maiutenance Crew has also put in 335 hours of overtime which inc1ud~ standby time. special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of October. 2005 was $147.427.00 compared to $33.790.00 for the month of September. 2005. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 28.345.00 $ 117,327.00 $ 1.755.00 cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (Traffic) Greg Butler, Senior Engineer (Capital Improvements) Arner Attar, Senior Engineer (Capital Improvements) Jerry Alegria. Senior Engineer (Land Development) R:\MAlNT AlN\MOACTRPI'D5.06't0CT0BER.O STREET MAINTENANCE CONTRACTORS The fOllowing contractors have performed the following projects for the month of October, 2005 , ,DATE C 'ACCOUNT SANTIAGO ROAD . -. .. . "". ;:,>.:',,~. . . ,', " TOTAL COST SIZE K~~"~~~~~';~~~~.fg~~,~l~~~~~~_",._ '"'.._'.. ""'._"'F""~_~'_',,". Dale: 10131/05 It 5401 TOTAL COST $ 11,410.00 Date: 10/26105 SERVICE LEVEL uR" AREAS GRADE DIRT ROADS IN LEVEL UR' AREAS # 999-5402 TOTAL COST $ 1,755.00 Dale: 10117/05 VIA MONTEZUMA LOW FLOW REMOVAL OF APPROXIMATELY 6;000 YDS. OF SiLT IN CHANNEL #5401 TOTAL COST $ 79,887.00 :~~~~~~!~*l~!}~I:R~1~.~r"l.i_'t~~.~1{ill~l~j~~it~1~~~i~~~~t!kj;~~,;:i,c~,~0,#.{ Dale: 10/05 CITYWIDER.O.W:s MECHANICAL WEED ABATEMENT; TRASH & DEBRIS REMOVAL ALONG CITY R.O.W:s TOTAL COST $ 9,000.00 It 5402 ,CONTRACTOR: . Dale: 10/10/05 "F:CKER~1i!G.~~iiiilJc: C', MEADOWVIEW AREA :",:,",.,'( ':".,'-'-" . .::~ ,.~:,.. ,: . ,;-;:,,;:',..--. . '.... C-_."-'. ",:.:,-",;",,-.-; ,..,...,.-..-,.'....,.,.. .. -.-'-"--' ,. '.. .,,'..' BACKFILL WITH D.G. ERODED AREAS ALONG R.O.W.'s It 5402 Dale: lOio3/05 YNEZ ROAD AT TIERRA VISTA TOTAL COST CONSTRUCT DESiLTlNG POND ' $ 19,345.00 #5401 TOTAL COST $ 2,615.00 Date: 10125105 EMPIRE CREEK OUTLET ON YNEZ ROAD CONSTRUCT 2 SAFETY GATES AND REPAIR 3 OTHERS #5401 TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99.5402 TOTAL COST $ 117,327,00 $ 28,345.00 $ 1,755.00 $ 9,000.00 R:\MAINTAJN\MOACI1tPf\05,06\OCI'OBER.O t: lJl ci ,"' l!J 88 ~ 8 0_ 0., "' ::i;ll! III 8 .. q &l ~ 0 OGl 0_ ... ... ~ 0 ~ oria ~ g.; d~ cd ..: a ! ~ N - 19. ~ :0 '=Il~ 11 J G1111 iU l'l ... ~ - - :t i "' t~ :t:;i ~ !& li 0 - l!l !-g..ij .. - lit a: - ... 0 ,~ h~ ... ~ ZOl ~ Z .. f 'l: js. l'i 00 8 ~ 0"' 8 III Sl =8 ~ 0 I::! 8 - ",0 ~"l 0 0 !Z 'E Ol Ol 8 ~a a III ~i 8t; N &~ ,..: a ~ 0 ..: ~ III E "' .. ~j~ ... ":."l. - - i :8 .. :tt a~ .= ~~ ... ... a: ~ .. gj "E~ ... .. ...- - ., ... ... .. " OUla. Ul lie: ~Ii; .. ~olllg Q.(J~ uWZU) ':i~<cg m~z", ::I III~ 00 51 a.~!z 8 g 8 g;e gg .. 128 .~ ',~ .. 0 Ill: 00 ... .. 0 u,...:::c~ 0" ~ aa a .; g.; Ii '_0 ';!!~ - lit ;,; :il ::l 00::;; u,.. - ...$ III ~ ., -' - '0 ...4(...... ~g '... - :t:;i vi .,.:,..: .,: '... l!! Z>1II4( , - - ~...... - III'" EO ... ... - ... '- ::o:z: Ul 0, '... /i;!z ii: 'I::!~ .... .. ~ "' .. 51 ..... '" ... "', .,~ 4(0 0 - ~ ',' - ... R fb::;; III ... - lIe:>-:g . ... ... CI !~ . ;ta.g 2l 0 " ii.! CD en ~j -, I.: ;;~ -j Ill: fl! :j!o ~! 1.2 ~ ~ j.5 j~ No 0 oM! -, IL 1IIu,8 ~ ~ III U 'ii! i:! e llI:ea. e ~ ~ :11.I g ffig Z g 0 ~ !ii ! ~ g sg III 0- .... III Iii ~ '" U ::! III III ~ '" ::i 5 :!! ,(I ~ Cll III .... ii: III .... III ,'0 011 u, ~ III >- Ill: 5 i III i 0 0 ~ f~ Ps III ~ III III '" ffi Ill: III ~ .... l:! '" g ::I Z ~ C Ill: C .11I ~ U u l!i ;00 ::i a. ~ >- :J III i Cll III III III 0 ~ .,-... ~ z '" 1!i E ~ '" III X ~ a: 5 '" .. U, :J ~ ~ ~ - w ~ Z Z ~ ~ 0 III '.. ~ e 'f Cll Cll Of Ill: $ III :~i CIl 1!i il il ~ CI 1!i <0 II! ... !i:i w ... S! .. ~ OJ ~1J il- l ~ 'M hJ!l "g u 11..... 1liii C) il ~-'62'. ~ e'!!~ z u. .51/) H~ ~.. ~ 0'&1 ~=I>:l .. m!8lii !f~ J!!!E -~iI; 8 "/if"" 0.8 Hj.g~l~a&! /ifi~u -g~ UlU u t f~ i ~~ ~~ ::!! 1>:_ l-:;:oll:l:8- ~ z ;c.1!~ ~ "'" '5 ~ J! - ~ 8 ,!i>.a.1ii <H ~ ~ 8 OI- l! ~I- I- I- I- 1>:1- U .(J)(f.IO....a::.Z<0C) ... CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF OCTOBER, 2005 10/04/05 OLD TOWN AREA A,C. OVERLAY 515 5 10/06/05 OLD TOWN AREA R&R A.C. 49 3 1011 1105 DIAZ ROAD AND MAIN STREET AILEY R&RA.C. 236 3 10/12/05 MARGARITA/ CALLE CORTEZ A.C. OVERLAYS 688 3 10/13/05 VIA DOS PICOS A.C. OVERLAYS 599 3 10/14105 VIA DIS PICOS AT DIAZ A.C. OVERLAYS 255 2 10/20105 CALLE CORTEZ I JEDEDIAH SMITH ROAD A.C. OVERLAYS 153 2 10/24/05 JEDEDIAH SMITH I LOWER 79 A.C. OVERLAYS 637 6.5 10/26/05 YNEZI VINCENT MORAGA R&R A,C. 650 6,5 10/28/05 RAINBOW CANYON ROAD A.C. OVERLAYS 990 6 TOTAL S.F. OF REPAIRS 4.772 TOTAL TONS 40 R:\MAINTAlNJWKCMPL~T.RPJt1DS.06\OCJ'OBER CITY OF TEMJt:CULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF OCTOBER, 2005 ~fll." ~~~~~~tj;~ ~ j;,,,,~.~;.. :M~': ,.,_1"",*,,-{j.~q..,\ 10103105 AREA 5 CLEANED & CHECKED 21 CATCH BASINS 10/04105 V AlL RANCH AREA CLEANED & CHECKED 26 CATCH BASINS 10105105 V AIL RANCH AREA CLEANED & CHECKED 24 CATCH BASINS 10106/05 V AlL RANCH AREA CLEANED & CHECKED 5 CATCH BASINS 10/10/05 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS 10111105 AREA It! CLEANED & CHECKED 25 CATCH BASINS 10112/05 AREAltl CLEANED & CHECKED 33 CATCH BASINS 10113105 AREAltl CLEANED & CHECKED 6 ' CATCH BASINS 10117/05 CITYWIDE RAIN CLEANED & CHECKED ' 32 CATCH BASINS 10/18/05 CITYWIDE RAIN CLEANED & CHECKED 26 CATCH BASINS 10125105 AREA #2 CLEANED & CHECKED 44 CATCH BASINS 10/26/05 AREA #2 CLEANED & CHECKED 30 CATCH BASINS 10127105 AREA #2 CLEANED & CHECKED , I3 CATCH BASINS 10131105 CITYWIDE CLEANED & CHECKED 7 CATCH BASINS TOTAL CATCH BASlNSCLEANED & CHECKED 306 R:\MAINTAlN\WKCMJ>1EIDlCA1"QIBAS\OS.oe.ocJ'OBER CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF OCTOBER, 2005 10/03105 CITYWIDE REMOVED 235 S.F. OF GRAFFITI 10105105 MAIN STREET AT PUJOL REMOVED 231 S.F. OF GRAFFITI 10105105 CALLE ELENIT A AT VIA ARNEDO REMOVED II S.F, OF GRAFFITI 10/05/05 BUTTERFIELD STAGE AT BRENTWOOD REMOVED 10 S.F. OF GRAFFITI 10106105 42690 MARGARITA ROAD REMOVED 20 S,F. OF GRAFFITI, 10/06/05 32195 HWY. 79 SO. REMOVED 8 S,F. OF GRAFFITI 10106105 SOUTHERN CROSS AT RANCHO VISTA REMOVED 30 S.F. OF GRAFFITI 10106105 RANCHO CAUFORNlA ROAD AT T AJO REMOVED 600 S.F. OF GRAFFITI 10106105 MIRA LaMA AT RANCHO VISTA REMOVED 13 S.F, OF GRAFFITI 10/08105 28464 FELIX VALDEZ REMOVED 290 S,F, OF GRAFFITI 10108 28566 PUJOL REMOVED 180 S.F. OF GRAFFITI 10/10105 6111 AT FELIX VALDEZ REMOVED 195 S.F. OF GRAFFITI 10110105 PUJOL STREET REMOVED 384 S.F. OF GRAFFITI 1011 0105 MAIN STREET APARTMENTS REMOVED 22 S.F.OFGRAFFlTI 10/10/05 ROMANCE AT PUFFIN REMOVED 12 S.F. OF GRAFFITI 1011 0/05 RANCHO CALIFORNIA ROAD AT T AJO REMOVED 20 S.F. OF GRAFFITI 10/11105 30901 RANCHO VISTA REMOVED 58 S.F. OF GRAFFITI 10/11105 27440 BUSTlK ' REMOVED 10 S.F. OF GRAFFITI 1011 2105 43620 VINCENT MORAGA REMOVED 15 S.F. OF GRAFFITI' 10113105 1ST STREET BRIDGE REMOVED 510 S.F. OF GRAFFITI 10113/05 RANCHO CALIFORNIA ROAD AT CALLETAJO REMOVED 30 S.F.OFGRAFFITI 10/17105 PUJOL AT MAIN REMOVED 178 S.F. OF GRAFFITI 10117105 RANCHO CALIFORNIA ROAD AT CALLE TAJO REMOVED 20 S.F. OF GRAFFITI R:\MAINTAIMWXCMP1.T'I>\ORAffi'I1'm.06'OC1'OBER 10/18/05 YNEZ AT PALM PLAZA REMOVED 72 S.F. OF GRAFFITI 10119/05 YNEZ AT TARGET CENTER REMOVED 38 S.P. OF GRAFFITI 10/20/05 MAIN STREET BRIDGE REMOVED 170 S.F. OF GRAFFITI 10121/05 MAIN STREET BRIDGE REMOVED 285 S.F. OF GRAFFITI 10/22/05 TARGET CENTER REMOVED 20 S.F. OF GRAFFITI 10124/05 A VENIDA DE MISSIONES AT VIA RIO TEMECULA REMOVED 122 S.F. OF GRAFFITI 10124!O5 TARGET STORE REMOVED 58 S.F. OF GRAFFITI 10/24/05 MIRA LOMA CHANNEL REMOVED 200 S.F. OF GRAFFITI 10124/05 K MART STORE REMOVED 35 S.F. OF GRAFFITI 10124/05 VIA LA VIDA AT ST. THOMAS REMOVED 25 S.F. OF GRAFFITI 10/24/05 29890 MIRA LOMA REMOVED 25 S,F. OF GRAFFITI 10124/05 RANCNO VISTA AT SANTA SUZANNE REMOVED 30 S.P. OF GRAFFITI 10/24/05 YNEZ AT WINCHESTER REMOVED 50 S.F. OF GRAFFITI 10/25/05 CROWN HILL ELEMENTARY REMOVED 35 S.F. OF GRAFFITI 10/26/05 TOYOTA DEALER ON YNEZ REMOVED 95 S.P. OF GRAFFITI 10126105 42761 SANTA SUZANNE REMOVED 24 S.F. OF GRAFFITI 10/28/05 FORD DEALER ON YNEZ REMOVED 70 S.F. OF GRAFFITI 10131/05 42101 MORAGA REMOVED 55 S.F. OF GRAFFITI 10131/05 WINCHESTER BRIDGE REMOVED 189 S.F. OF GRAFFITI 10131/05 YNEZ AT YNEZ COURT REMOVED 273 S.F. OF GRAFFITI TOTAL S,F. GRAFFITI REMOVED ~ TOTAL LOCATIONS ~ R:\MAINTAlMWKCMPLTD\ORAf1lI1'IlD5.06'<<XT0BER ~ <~ so u~ '~~ ~~ ~,E-l E-i~ ~~ o~ ~~ E-i~ ,'~ II) u= = ~ ", '. '. . .',"""", '-' . .", ",." .- ". '::..'< -. :':'" ".:,"" . ,~M ....-1\0 O'\l' 0 ("'.I-NO ^'"_ ~',N N -.~ ~::~t ~ .'''''..... ','",'..:::9 " ';.1, ' -< "':"',1":" ~I,J:"'(" '~j' " Ii ",',.~ ~~.<:l' ," ,.",s.jl ~s , ' ,,2 M=E,..,,,,,,..,6lJ 8,9 >~. ',2'lil'1l""Er,;,gt ~= 3e-Oo ZO'" .,..,.C"""~.:tLt~.,.......,~.,l"oo\',"",'.........-['J). -'/0-4 .:<. ~tli~~~j~lt.1;;.t.;.... ":; :.:.":<: ':'-"'":"\::'::::'-"::>>"'. ":. ;>:.:-::~:: <;.~,~-.,-~ .. );~;~~~:fi.\> '.,',.,'<,':11111, :":8 ~,'.'~.~,ii~~l$2~,~',. " .,:".,; '. .... ':..;,::~.:. . ~ a j - . "-,- -,", ". ~ .'-, ' ..:;;;. .'..~,..~','~ ~o ,}&t~<i'l ~'i.\~., ;~\~,1:' ,0 " ,~;l/,,''S'' ,0..... ,,0..'., " t:'~,:;,- .,~"."".1ir~ ., "'<:1'0,", , ",C/.fU,U "':""'.'. .:..,:".. ,;j%l!~~~J~ji~.~~.~I~(~tlw ",_, ;i.I!~~l~~j!ili~j'; .,~""Jl4:.::!1.'< '~'j~'~,<,"LC!,.z8 ,...' CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF OCTOBER, 2005 10103/05 PEPPERCORN INSTALLED 54-3 RI-6 10105/05 MAIN STREET W/O FRONT INSTALLED 2R2-1 R26-B 10/05105 JEFFERSON AT WINCHESTER INSTALLED R7-3A 10/05/05 CORTE ARGENTO AT VIA CESARIO REPLACED RI-I 10/05105 PUJOL AT MAIN STREET REPLACED 2RI-I WI-6 10/11105 MONTELEGRO REPLACED W-31, 3 W-6 10111105 CAMPANULA AND MEADOWS PARKWAY REPLACED R7-9A, 2 R4-7 10112104 4TH & MERCEDES REPLACED SNS 10112/05 6TH AT MERCEDES REPLACED SNS 10112105 MARGARITA AT SOLANA REPLACED 3 R4-7, 3 TYPE UK" 10112105 CITYWIDE REPAIRED 12 SIGNS 10113/05 MARGARlT A SIO WINCHESTER REPLACED 5 DELINEATORS, 4 R4-1 10113105 MAIN STREET AT PUJOL REPLACED R2-25 10113105 CITYWIDE REPAIRED 15 SIGNS 10117/05 VIA RIO TEMECULA AT A VENIDA DE MISSIONES REPLACED WI-6 10/17105 WALCOTT AT LUZON REPLACED W3-1 10111105 BlYITERFIELD STAGE ROAD REPLACED R2-55 10/17105 BlYITERFlELD STAGE ROAD AT NIGHTHAWK REPLACED SI-I 10118105 RANCHO CALIFORNIA ROAD AT JEFFERSON REPLACED R3-7 1011 8105 MARGARITA AT YUKON INSTALLED R26 10/18105 C1TYWlDE REPAIRED II SIGNS 10119105 VIA PLATA AT PEPPERCORN INSTALLED R26 10119/05 REDHA WK AREA REPLACED 15SNS R:\MAlMTAlN\WKom.:msl0NS\.9,.0lS\0Cl0BE:R 10/20/05 REDHAWK AREA REPLACED 32 S.N.S. 10/21/05 REDHAWK AREA REPLACED 10S.N.S. 10/24/05 SOLANA E10 YNEZ REPLACED R7-9 10124/05 PAUBAAT YNEZ REPLACED R7-9 10124105 CITYWIDE REPAIRED 8 SIGNS 10/25105 REDHA WK AT VIA SALTIO REPLACED R4-7, TYPE UK" 10/25/05 CORTE ELDORADO AT VIA SALTIO REPLACED R-I 10/25/05 REDHAWK AREA REPLACED 10 SNS 10125105 OLD TOWN FRONT AT HWY. 79 SO. REPLACED R-26 10/26105 PAUBA AT BUTTERFIELD STAGE ROAD REPLACED DELINEATOR 10/28105 FORD DEALER ON YNEZ REPLACED 2 R.7 10131105 VIA RIO TEMECULA REPLACED R2-40 10131105 HWY 79 SO. AT WESTERN BYOASS REPLACED TYPE N 10/31105 REDHA WI< PKWY AT CALLE LOS MOCHlS REPLACED TYPE N 10131105 BUTTERFIELD STAGE ROAD AT WELTON WAY REPLACED R-I,R-I-3 TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED ----1li ----...l! ~ R:\MAINTAlMWKCMPL1'D'&GNS\.OS.06\OCT08ER CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF OcTOBER, 2005 ,i!~R*i1~~~:~j( (, ,,~,'€O~TEI).,'" .:'~j {~i';'l(tli~~',~,~;;k;i:~+tD'f-)'.':"~:v~r, 40555 NEWTOWN DRIVE S.N.S. DOWN 10103105 10103/05 41555 A VENlDA DE LA REINA TREE TRIMMING 10103105 10/03105 27349 JEFFERSON WEED ABATEMENT 10103105 10/03/05 43633 BUCKEYE ROAD TREE TRIMMING 10103105 10104105 28936 OLD TOWN FRONT POTHOLES 10104105 10104/05 41320 LA SIERRA ROAD TREE TRIMMING 10104/05 10105105 41955 MAIN STREET TREE REMOVAL 10/05/05 10106105 CROWNE HILL AT ESSESR DEBRIS PICK-UP 10106/05 10/06105 31248 BANFIELD CLEAN CATCH BASIN 10/06105 10/07/05 30812 CALVADO COURT STREET SWEEPING 10107105 10107105 VIA RAMI STOP SIGN DOWN 10107105 10110105 30188 SILVER RIDGE COURT TREE TRIMMING 10110105 10110105 DEL REY ROAD DEBRIS 10/1 0105 10/11105 VETERANS PARK DEBRIS 10/1 1105 10/.11105 CAMINO SAN DIMAS SIGN DOWN 10111105 1011 1105 VIA SALTIO DEBRIS 10/11105 10/12105 TEMEKU DRIVE DEBRIS 10112105 10112105 32268 CORTE CORONADO ROOT PRUNING 10/12105 101121105 44077 NORTHGATE AVENUE STANDING WATER 10/12105 10/12105 41507 EAGLE POINT WAY SIDEWALK REPAIR 10/12105 10/13/05 32230 CALA TORRENTE C&G REPAIR 10/13105 10/13/05 30347 SANTA CECILIA TREE REMOVAL' 10113105 10113105 29846 VIA PUEST A DEL SOL SINKHOLE 10113105 10/14105 31061 VIA GILBERTO , SLURRY REQUEST 10/14105 10/17/05 29770 VIA PUESTA DEL SOL DOWN TREE 10/1 7/05 R;\MAlNT AIN\WRKCOMPLTD\S0RS\05.06\0CT0BB. 10117/05 BUTTERFIELD STAGE ROAD AT CHANNEL DOWN SIGN 10117/05 10117/05 MORENO AT MERCEDES DOWN SIGN 10117/05 10117/05 31875 CERCLE CHAMBERTIN SNS MISSING 10117/05 10117/05 41073 VlNTAGECIRCLE DOWN TREE 10/17/05 10117/05 30079 CAMPO VERDE SIGN DOWN 10/17/05 10118105 HWY 79 SO. AT LA PAZ POTHOLE 10118/05 10119/05 39120PALA VISTA ROAD GRADING 1011 8/05 1011 9/05 41055 A vENIDA VERDE DRAINAGE CONCERN 1011 9/05 10/19/05 32911 PLIANCEWAY SNS TURNED 10119/05 10/20/05 DIAZ ROAD ' ROAD GRADING 10/20105 10121/05 45428 ST. TISBURY STREET SIDEWALK REPAIR 10121/05 10124/05 30958 GREENSBORO SLURRY CONCERN 10/24105 10/24/05 30096 PECHANGA DRIVE TREE TRIMMING 10/24/05 10/25/05 LIANNE COURT & SHARON DRIVE SNS REPAIR 10/25/05 10/27/05 MARGARITA DESlLTING POND GATE OPEN IOm/05 10/27/05 39445 PALA VISTA ROAD WATER TURNED OFF IOml05 10/27/05 RANCHO VISTA DEBRIS REMOVAL 10/27/05 10131/05 DE PORTOLAROAD AT VIA ANGELES DEBRIS REMOVAL 10131/05 1013 1105 44701 CALLE HlLANO DEBRIS REMOVAL 10/3 1105 10131/05 27379 RANCHO CALIFORNIA ROAD SIGN DOWN 10/31105 10131105 ' HWY 79 SO. AT MARGARITA DEBRIS REMOVAL 10131/05 10131105 43094 VIA DOS PICOS A.C. REPAIR 10131105 TOTAL SERVICE ORDER REQUESTS , ' 47 , . R:~lNI'AIN\~Mfl:I17ISORS'I05.06'tClCr9BEll CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS I STRIPING MONTH OF OCTOBER, 2005 10/03105 PALOMA DEL SOL REPAINTED 33 LEGENDS 10106/05 OLD TOWN REPAINTED 18 LEGENDS 10111I05 BUTTERFIELD STAGE ROAD REPAINTED 8 LEGENDS 10/12105 AREA #2 REPAINTED 45 LEGENDS 10113/05 AREA #3 REPAINTED 22 LEGENDS 10/24/05 MEADOWVIEW REPAINTED 38 LEGENDS 10/26/05 MEADOWVlEW REPAINTED 36 LEGENDS 10/21105 MEADOWVIEW REPAINTED 27 LEGENDS TOTAL NEW 11< REPAINTED LEGENDS 227 NEW & REPAINTED RED CURB & STRIPING L.F. -0. R:\MAINTAIN\WRKCOMPL~.oeocroBER CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT.OF.WAY TREE TRIMMING MONTH OF OCTOBER, 2005 10/12/05 MAlN STREET AT PUJOL 10/1 8/05 CITYWIDE TRIMMED 2 R.O,W, TREES 10 R.O.W. TREES TRIMMED TOTAL R.O.W. TREES TRIMMED ..J1 R.-\MAINTAfMWRKOOMPLTD\'TREES\llS.Ol5'OcrOBER CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSION RIGHT-OF-WAY WEED ABATEMENT MONTH OF OCTOBER, 2005 10/25105 27635 DlAZ ROAD ABATED 620 S.F. R.O.W. WEEDS TOTAL S.P. R.O.W. WEEDS ABATED 620 R:\MAlNTAlN\WKOOMPLTD\WEEDS'm..06VX.'T08ER ITEM NO. 30 Approvals City Attorney Director of Finance City Manager ~ IJ/l f CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Jim Domenoe, Chief of Police November 22, 2005 Police Monthly Departmental Report The fOllowing report reflects the activity of the Temecula Police Department for the month of October, PATROL SERVICES Overall calls for police service ..,..,....,................,........,..............,........,............,....................... 3.065 "Priority One" calls for service,........"..........,..,............,..".."..".."....,..,....,..",..,,.............,..",......., 48 Average response time for "Priority One" calls,........,....,...................,..................,......,..5,8 minutes VOLUNTEERS' Volunteer administration hours,......".........,..., ,........... ,....... ,.."... ,...,.., ,....,...,...,..".......... .............. 25 Community Action Patrol (CAP) hours .............,..,..................,........,........'....,........,......,....,......, 233 Reserve officer hours (patrol) ,..,.."..,......,.."..",.."........"..",..",..,..",..,..."..",..,.."..........,..,.,...,.... 42 Total Volunteer hours.............." ,.., ,..,.....,...,...,....".. ,.., ...........,........".., ,.......................... ..........., 900 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ............,..,........,........,....,......,..........'.......,....,..,....,..,......, 0 Residentiallbusiness security surveys conducted ..,...................................................,................ 210 Businesses visited ....,..,..,....,.."..........,..,..........,.............,..,......................,..,..................,..,.......... 11 Businesses visited for past crime follow-up......................,.........................................................., 13 Crime prevention articles ........,............................................................'........,..,..",..,...."....,..,........ 1 Total square footage of graffiti removed....,................,..,....,..............,..,...............,.................. 4,953 OLD TOWN STOREFRONT Total customers served",........"........" ,..",.............. ,.., ,..,.... ,..,...."......"...,.......,.............. ,..",...... 285 Sets of fingerprints taken .................................................................,.......,....,..,..........,..,.............. 39 Police reports filed .....................,.."..,.',........,.."..,........................,..".."..,..............,..",..,..,.......... 14 Citations signed off ... ...... .....,...... .,.. .........,...........",.' .'................', .."......"...... "...... ",. ................ .... 6 Total receipts":....,,...................,.. ....................".."................""......".... ,..........................' .,.., $9,121 POP TEAMS On-site felony arrests.."..".."........".." ,..",........" ,..,.........."...... ,..",...., ,.."...."...."......',......"...."".. 1 On-site misdemeanor arrests ,......"..",..,..............................,..........."...."..""...,...."",..,.."....,....... 2 Felony arrest warrants served ................................................................."..,.....,............................ 4 Follow-up investigations................no..,.....nonono..no..nonono....m..no....m..m..m..m....mm..mnomm.. 22 TRAFFIC Citations issued for hazardous violations ......,..,......................................,....'..................,..,..,.... 988 D, U,I, checkpoints conducted,......"..", ,............"...." ,..,...." ,..",........"........"........"" ,..",...... ......".. 0 Non-hazardous citations",...,........"..",..",........" ...." ,..,...."..""........"........"........"" ,..",...... ,..no.. 64 Stop Light Abuse Program (S.L.A.P.) citations.....................,..,..........,..,....,....,.........,................ 370 Neighborhood Enforcement Team (NET,) citations ,........,..............,...........................,............ 164 Parking citations".... ,..",..".."........".." ,..",.."...."....,..."....,...'",.........'.."..............""...."...."....".. 79 Injury collisions.......................................................................,.,............................................ ......',.. 5 INVESTlGA TlONS Average open cases per detective ..............,....,..,........,..no....,..,......,..,............,..,....................,... 27 Average case closure rate (per Detective) ..,....,..,........,........,....,..,........................,....,.............., 5,6 Number of community seminars conducted ........,............,............,......,...............,..'....,..,.............. 0 SPECIAL ENFORCEMENT TEAM (SET TEAMl On-site felony arrests ,.." ,.., ,.."..".."..", ,.."..".................."..""........, ,.." ,..",.......... ,..,..".... ,..,.......... 1 On-site misdemeanor arrests ,..".."..",no".."..................".. ""........".......,.........."......".................. 0 Felony arrest warrants served ........................................".."".........,......................................,..,.... 0 Misdemeanor arrest warrants served "..",.."..............".."..""........,..",.."...."..',....""....,,....".."".. 0 Follow-up investigations"""""""""""""....".."........".."...."..""""........".."".."".",...."......, ,........ 5 Illegal drugs seized Methamphetamine 1.5g PROMENADE MALL TEAM Calls for service", ........ ...' ...........................................................,.......'.n......mn'.......m..,....m..m.. 85 Felony arrestlfjlings ",........ ,..",......".." ,..,........" ........" ...."....".... .......... ............"...."" .........." ..mm 6 Misdemeanor arrest/filings,......." ,..,...., ,............ ,..,......".."...."........".......,.. ,..,...." ,..,.."..........".... 30 Vehicle burglaries",.. ,..",..,...".."...,...., ,............ ,..,........ ,..,...."........".......,.....,...."......".................. 1 Vehicle thefts,.." ,..",.."..".." ,..,..,'.........'......................".."...."........ ,..",.."................" ,..", ,..,.. ,..",.. 1 SCHOOL RESOURCE OFFICERS' Felony arrests,.."...,......................................................................... '.................... ,..,........ ,..,.. ........ 5 Misdemeanor arrests.... ,:............ ,..,...."........ ,.., ,..,......"...,...."........".......,............ ,......................... 9 Citations """"""""""""""""""" """"" """" """"..""" """"""""" """ """""""" """"""""" """ 29 Youth counseled ..............................................................................................................m.....no 281 ' Presentations K-8....,...,............"........ ,..,................".." ,.." ,......" ....".." ,..,...." ,.." ,..".......,.. Safety/Stranger Danger YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members ................................................'....,..,....,......,..... 1 School visits......"........ ,..,...................." ,.." ,........ ....., ,..,........" ,..",..".......,.........."............'.....'..... 77 Home visits........"........ ,.." ,......"......" ,.., ,..,....".... ..............".." ,..",........ ,...., ,..,.. ,..,.. ,..,........ .....,.... 20 ITEM NO. 31 Approvals City Attorney Director of Finance City Manager ~- ~IJK _ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: November 22,2005 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of October. CURRENT PLANNING ACTIVITIES New Cases The Division received 70 new applications for administrative. other minor cases, and home occupations including 12 applications for public hearings during the month of October, The new public hearing cases are as follows: CONDITIONAL USEPERMlr DEVELOPMENT PLAN EXTENSION OF TIME HOME PRODUCT REVIEW MAJOR MODIFICATION TENTATIVE PARCEL MAP 3 2 2 1 3 1 Status of Maior Proiect New Proiects . Palm Valley Condo Conversion - A Tentative Tract Map (TTM 34062), Conditional Use Permit. and Multi-Family Residential Development Plan application to convert 32 apartment units to condominiums located at 42140 Lyndie Lane, The application was submitted on September 29, 2005 and is currently under review, (PA05-0290 - PETERS/KllZEROW) . Stonebriar - Wolf Creek - A Home Product Review for 112 single family homes in PA21 of the Wolf Creek Specific Plan, Elevations include three floor plans and elevation types ranging from 3022 to 3446 square feet Application was submitted November 4, 2005, (PA05-0332 - KlTZEROW/PETERS) . Dr, Levi's Office and Retail - A Major Modification to renovate the former 5 & Diner into offices and retail facilities located at 26460 Ynez Road. The application was submitted on October 31, 2005 and is currently under review. (PA05-0329 - BALES) . Lyndie Lane Shell Building - A Development Plan to construct a 9.265 square foot commercial buiiding located at 29748 Rancho Califomia Road. The application was submitted on October 14, 2005 and is currently under review, (PA05-0305 - BALES) . Schafer Building - A Major Modification Application to an approved Development Plan to change materials and add stucco to an approved building. The project is located at 41273 ' Margarita Road, The project is under review, (PA05-029 - MCCOY) . Jefferson Avenue Inn - An Application for an Extension of Time to a Development Plan PAOO-0507, PAOO-0507 is an approval for a 3-story hotel building located on Jefferson Avenue, The project is currently under review. (PA05-0312 - MCCOY) . Temecula Professional Building -A Development Plan to construct a 10,5000 square foot office building on 0.91 acres located on the west side of Margarita Road, approximately 300 feet south of De Portola Road, The application was submitted on October 5. 2005, Staff is currently reviewing the application. (PA05-0297 - FISK) . Parcel Map 28049 - An Application for an Extension of Time for Parcel Map 28049, The project site is located on the west side of Pujol Street, approximately 2,200 feet south of First Street The application was submitted on October 13, 2005, Staff is currently reviewing the application. (PA05-0304 - FISK) . Rite Aid - A Minor Conditional Use Permit and Public Convenience and Necessity application to sell alcohol within a 16,836 square foot retail facility to be located within the Rancho Temecula Town Center at the northeast comer of Winchester Road and Nicolas Road. The application was submitted on October 25, 2005 and is currently being reviewed. (PA05-0314-BALES) . Storage 2 U - U haul Rental- A Minor Conditional Use Permit to allow for Uhaul rentals at Storage 2U located at 27731 Diaz Road. The application was submitted on October 26, 2005 and is currently being reviewed. (PA05-0318 - BALES) . Wells Fargo Drive Thru A TM - A Conditional Use Permit to a Development Plan for a drive thru automatic teller machine for a Wells Fargo Bank, The project will be located on Highway 79 south, APN 960-030-008, 009, This project was submitted on October 26, 2005, (PA05-0319 - MCCOY) . Milgard Windows - A Major Modification to an approved Development Plan to construct a 12,000 square foot awning at the rear of the Milgard Windows manufacturing facility located at 26879 Diaz Road. This project was submitted on October 17, 2005 and comments are due November 9, 2005. (PA05-0307 - KITZEROWIPETERS) Recentlv Approved Projects . The Emporium - A Minor Modification submitted on June 8, 2005 to improve facades on the existing building located at 42050 Main Street. Improvements include replacement of existing, and failing pedestrian walkway canopy and to construct a new entry feature, This project is scheduled for the July 12, 2005 Pre DRC meeting, A DRC was held on August 4, 2005 and a DRC letter was sent on August 10, 2005, Staff is waiting forresubmittaJ. Plans were resubmitted on August 29,2005, This project was approved at the Old Town Local Review Board on October 10, 2005, (PA05-0174 - MCCOY) . Temecula Town Center - Daphene's A Minor Modification to create a 250 square foot patio and to relocate a trash enclosure at 27644 Ynez Road, The project was submitted on August 8,2005, The project was approved on November 1, 2005, (PA05-0231 - BALES) . Flow Blown - A Minor Conditional Use Permit to establish an indoor children's party facility in an existing 13,978 square foot building located at 43153 Business park drive, The application was submitted on August 11, 2005, This project went to Director's Hearing on October 6, 2005 and was approved at the October 13, 2005 Director's Hearing. (PA05-0242 - BALES) . Redwood at Wolf Creek - A Home Product Review submitted on Apri/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 transmitted a resubmittal on July 11. 2005, Comments are due on July 25, 2005, The project was approved at the October 13, 2005 Director's Hearing, (PAOS-0113 - KllZEROW/PETERS . Green Courts at 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 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 feetto 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. A second Pre-DRC meeting was held on May 10, 2005, A DRC comment letter was sent on May 13, 2005, Plans were resubmitted July 18, 2005, The project was approved at the Planning Commission on November 2, 2005, (PA05-OOO9,' PAOS-0010 - KllZEROW/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. The applicant resubmitted on June 24,2005. The project was approved at the October 13, 2005 Director's Hearing, (PAOS-0084- KllZEROW/PETERS) . The Stage Stop ATM Shack - A Minor Modification submitted on June 10, 2005 for the construction of an auxiliary structure intended to house weekend/event vendors and a 24 hour A TM, The project is located at 26464 Old Town Front Street. A Pre-DRC meeting was held on July 12, 2005, A DRC meeting was held on August 4,2005 and a DRC letter was sent on August 10, 2005, Staff is waiting for resubmittaJ. Plans were submitted on September 1, 2005, This project was approved at the Old Town Local Review Board on October 10, 2005, (PAOS-0178 - MCCOY) . 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 A venue, approximately 550 feet west of Diaz Road, The project was submitted - on April 27, 2005, A DRC letter was sent to the applicant on June 3,2005, Revised plans were submitted on June 21, 2005, The project was approved at the October 19, 2005 Planning Commission hearing, (PA05-0127-FISK . PM 28049 EOT - 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, MSHCP requirements were recently addressed and the project was approved at the October 13, 2005 Director's Hearing, (PA04-0539 -FISK Projects 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. Revised plans were submitted on August 2, 2005. A third DRC meeting was held on September 1. 2005. Revised plans were submitted on October 26. 2005, Staff is currently reviewing the revised plans, (PA04-0584 - FISK) . Butterfield Station - A Development Plan to construct five commercial buildings totaling , 72,698 square feet on 7,57 acres located ,on Highway 79 South and Wolf Store Road. The project was submitted on August 29, 2005 and is currently under review. A DRC letter went out on October 5, 2005, Project is currently under a second review, (PA05-0254 - MCCOY . Pujol Condos - A Tentative Parcel Map for condominium purposes for a residential condominium project located approximately 1 ,800 feet south of 1 sl Street on the west side of Pujol, The application was submitted on July 7, 2005, A DRC meeting was held on September 1, 2005 and a DRC letter was mailed on September 1, 2005, Revised plans were submitted on October 26, 2005. Staff is currently reviewing the revised plans. (PA05- 0209 - FISK) . Krieger's Fa~de 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. 2005 and a DRC letter was sent at the applicant on April 6, 2005, The project was re-reviewed at the May 9,2005 Old Town Local Review Board meeting, The Old Town Local Review Board requested that the applicant provide additional infonnation and details, Revised plans were submitted on July 7,2005. Staff detennined that infonnation requested by the Old Town Local Review Board had not been included with the resubmittal. Staff sent correspondence to the applicant requesting an update on the resubmittal of plans on October 27, 2005. The applicant has indicated that they intend to relocate the building and therefore do not intend to pursue this application. (PA05-0055 - FISK) . Marriott Fairfield Inn - A Development Plan to construct and operate a 47,897 square foot 92 unit three story hotel on 1.71 acres generally located at the southeast comer of Winchester Road and Jefferson Avenue, The application was submitted on August 8, 2005 and a DRC letter was sent to the applicant on August 9, 2005, The project is scheduled for the December 7, 2005 Planning Commission hearing. (PA05-0232 - FISK . 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 at41964 Main Street in Old Town, The project was submitted on December21, 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, Revised plans were submitted on July 11, 2005, A DRC meeting was held on August 18, 2005 and a DRC letter was sent to the applicant on August 18, 2005, A 30 - day no response letter was sent on October 5, 2005 and a 60 day no response letter was sent on October 26, 2005, The application will be dosed by staff due to inactivity, (PA04-0622 - FISK . Creekside Centre Sign Program - To establish and implement a sign program for the Creekside Centre Shopping Plaza, The subject properly is located at the southeast comer of Overland Drive and Nicole Lane, The application was submitted on March 1, 2005. A comment letter was provided to the applicant on April 8, 2005. A revised sign program was received from the applicant for the project on August 22. 2005, A comment letter was mailed to the applicant on Septembere, 2005. A revised sign program was received on September 26, 2005 and staff is currently reviewing the revised program, (PA05-0062- FISK) . Temecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven commercial/office/retail buildings at the southeast corner of Jedediah Smith Road and Highway 79 South, The application was submitted on February 9, 2005. Comments were , sent to the applicant on July 25. 2005. Staff is currently reviewing the revised program, (PA5-0040 - PAPPI . Rancho T emecula Town Center - A Comprehensive Sign Program for Rancho T emecula Town Center submitted on February 17, 2005. The subject properly is located at the comer of Winchester Road 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 was held on June 9, 2005. Plans were resubmitted July 1, 2005 and in September, and staff is currently working with applicant on final revisions, (PA05- 0052 - KllZEROWIPETERS) . 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. Revised plans were submitted on July 29, 2005. A second DRC letter was sent on September 13, 2005. Staff is currently awaiting revised plans and a cultural study, (PA05-01 05 - BALES) . Nextel at Haz-It Markit - A Conditional Use Permit submitted on May 24, 2005 for a wireless facility consisting of 12 antennas on a mono-palm and an 11x20' building, A DRC letter was sent to the applicant on June 29, 2005. Staff anticipates scheduling the project for the December 7,2005 Planning Commission hearing. (PA05-0157 - FISK) . Redhawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit submitted on June 8, 2005 for 3 buildings totaling 8,354 square feet used for a self-serve carwash and tire store. The project is located on the northeast corner of Margarita Road and De Portola Road, A DRC meeting was heid on August 18. 2005, A DRC letter was mailed on August 23,2005, Staff is waiting for applicant response, (PA05-0172 -DAMKO) . Butterfield Ranch Self-Storage - A Development Plan submitted June 19, 2005 for a 127,572 square foot self storage building located on the southeast corner of Highway 79 South and Butterfield Stage Road, A DRC meeting was held on September 1. 2005, Staff is waiting for applicant response. (PA05-0152 - DAMKO) . Burke Building - A Development Plan application submitted July 19, 2005 for a three story shell building consisting of approximately 4,156 square feet of retail/commercial on the 151 floor with approximately 8,150 square feet on the 2nd and 3"' floor suites for offices. The project is located at 41955 4th Street A DRC meeting was held on September 1, 2005 and a DRC letter was sent to the applicant on September 12, 2005, (PA05-0205 - MCCOY) . Temecula Village - A Pre-Application for commercial retail center to be located at 30010 Rancho California Road, This project was submitted September 30, 2005. and is currently under review, A DRC is scheduled for November 10, 2005, (PR05-0017 - MCCOY) . BJ's Restaurant - A Development Plan to construct an 8,466 square foot restaurant building on a 0,95 acre site located at the southeast corner of Ynez Road and Overland Drive, This project was submitted September 22, 2005, The project is currently under review and Planning Commission sub-committee has been formed to review the proposed building and site plan changes for the Overland Commercial Center, (PA05-0275 - FISK) Subdivisions , . Selby Parcel Map - A Tentative Parcel Map to subdivide 21,22 acres into 6 parcels at the east side of Ynez Road north of Rancho California Road and south of Solana Way, This project was submitted on January 6, 2005, Comments were due January 28, 2005 and a pre-DRC was held February 1, 2005, A DRC was held February 10, 2005, A DRC letter was sent on February 10 2005. On June 30, 2005 Staff requested additional information to complete an Initial Study for this project A DRC meeting was held August 4, 2005, Revised plans were submitted on September 16, 2005. A third comment letter was mailed November 2, 2005. Staff is waiting for resubmittaL (PA05-0004 - KITZEROW /PETERS) Industrial . Winchester Gilcrest - A Development Plan submitted on AprilS. 2005 for a total of 55,956 square feet of industrial officelwarehouse 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. Applicant resubmitted on October 5. 2005, Comment letter was sent on October 20, 2005, (PA05-0096 - DAMKO) . Plaza Rio Vista-A Development Plan to construct a 19,650 foot office building on ,99 acres at the comer of Black Deer Loop and Diaz Road, The application was submitted on May 10, 2005, The DRC meeting was held on June 23, 2005, Staff is currently awaiting revised plans, (PA05-0139 - BALES) Mixed Use/Residential . Naron Pacific Tentative Tract Map 30434 and Planned Development - A proposal fora zone change from L-1 to PDO 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 Y, acre lots if it does not increase the "net" density. A PDO 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 met with the applicant on March 22, 2005 to discuss grading impacts and received revised plans and constraints map, A letter was mailed to the applicant on April 7, 2005 informing him that the submitted plans are not adequate, the project is still considered incomplete, and additional information is still required in order to proceed with processing, Staff met internally on April 8, 2005 to discuss General Plan update. A letter was sent to the applicant on April 13, 2005 to explain City Council decision not to modify chaparral Policy, therefore project plans must be revised to adhere to existing policies within the General Plan, Staff is currently awaiting submittal of revised plans. A 30 day close-out letter was sent certified mail to the applicant on September 16, 2005 and this case will be closed on October 17, 2005 if revised plans are not submitted. (PA02-0204 PA02-0193 - KITZEROW/PETERS) . R Alison TM - A Tentative Tract Map to subdivide 3,71 acres into 11 residential lots located at 31670 Rancho Califomia Road, The application was submitted on June 9,2005, A DRC meeting was held on July 21, 2005 and a letter was mailed to the applicant on August 1. 2005. Staff is awaiting revised plans and anticipates resubmittal with home product review at the end of October, (PA05-0034 - BALES) . 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 submitted February 7,2005. A DRC meeting was held March 10, 2005, Revised plans were submitted June 6, 2005, A DRC letter was mailed on September 16, 2005. Revised plans were submitted November 1 , 2005 and comments are due November 17, 2005, (PA05-0034 - KITZEROW/PETERS) . PA17 Wolf Creek-a Home Product Review for 133 single family homes within Planning Area 17 of Wolf Creek, Three plans with three different and elevations ranging in size from 2,899 to 3,293 square feet. Plans were submitted July 27,2005. DRC comments were sent September 8, 2005, Revised plans were submitted November 1,2005 and comments are due November 17, 2005. (PA05-0215 - KITZEROW/PETERS) . PA23 Wolf Creek - A Home Product Review for 126 single family homes within Planning Area 23 of Wolf Creek. Three plans with three different and elevations ranging in size from 2,878 to 3,150 square feet. Plans were submitted July 27,2005. A DRC letter was mailed to the applicant on September 20, 2005, Revised plans were submitted November 1,2005 and comments are due November 17, 2005. (PA05-0220 - KITZEROW/PETERS) . 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: This project is tentatively scheduled for a December Director's hearing. (PA05-0025 - DAMKO) . Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential condominiums on 1,5 acres, The subject property is located on the northwest comer of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. Revised plans were submitted on July 7, 2004, A second DRC letter was provided on September 10, 2004, Revised plans were submitted on February 7,2005, A third DRC letter was provided to the applicant on April 8. 2005, Revised plans were received on August 2, 2005, Staff is currently awaiting submittal of correspondence from the county geologist regarding earthquake faultline setbacks, (PA03-0552 - FISK) . Renaissance Villages - A Residential Development Plan and tentative Tract Map to construct 58 condominium units totaling 78,397 square feet on 3,98 acres generally located on Pujol Street. approximately 100 feet north of Main Street. The application was submitted on August3, 2005, A DRC meeting was held on September 26, 2005 and a DRC letter was mailed to the applicant on September 27,2005. Revised plans were submitted on October 26, 2005. Staff is currently reviewing the revised plans, (PA05-0229 - FISK) . Temecula 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 comer 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. The project is scheduled for the December 7, 2005 Planning Commission Hearing, (PA04-0496 - DAMKO) . Woodcreek Apartments - A Minor Modification application to build 35 tenant covered parking spaces/garage ports to be located at 42200 Moraga Road, The application was submitted on May 31,2005. A DRC meeting was held on July 14, 2005, Revised plans were submitted an August 4, 2005, 'A second DRC letter was sent on August 25, 2005, Staff is currently awaiting the submittal of revised plans, (PA05-0160 - BALES) . Kingdom Hall of Jehovah's Witness Church - A Pre-Application for a Conditional Use Permit to construct an 11,550 square foot church with two additional detached residential units totaling 1,612 square feet located on Calle Girasol and Riverton, The project was submitted on July 19, 2005 and is currently under review. A DRC was held on September 22, 2005. A DRC letter was sent on September 29. 2005, Staff is currently waiting for a formal submittal. (PR05-0012 - MCCOY) . Silver Oaks - A Development PlanfTentative Tract Map to construct 112 age restricted condominiums on 7,5 acres located on the northwest corner of Margarita Road and Dartola Road, The project was submitted on August 9, 2005, A DRC was held on September 22, 2005, A DRC letter was mailed on September 26, 2005. Staff received resubmitted plans on October 24, 2005. This project is currently under review, Comments are due November 10,2005, (PA05-0235, PA05-0236 - BALES) . Pujol Condos - A Development Plan to construct 9 multi-family condominium buildings totaling 134,213 square feet on 7.85 acres located on the west side of Pujol Street, approximately1,800 feet south of 1" Street. The application was submitted on July 21, 2005, A DRC meeting was held on September 1,2005 and a DRC letter was mailed to the applicant on September 1, 2005. Revised plans were submitted on October 26, 2005. Staff is currently reviewing the revised plans, (PA05-020S - FISK) . Tentative Tract Map 32780 - A Tentative Tract Map to divide 22.45 acres into 38 single family lots on Walcott Lane north of La Serena. The project was submitted on August 10, 2005 and is awaiting applicant response. (PA05-0240 - MCCOY) . Mira Loma PDO -A Planned Development Overlay to change the zoning of a 7.24 acre site from High Density Residential (H) to PDO - 11 to change the development standards for the site, The project site is located at 29601 Mira Loma Road, The project was submitted on August 8, 2005, A DRC meeting was held on September 29, 2005 and a DRC letter was sent to the applicant on October 4, 2005, Staff is currently awaiting the submittal of revised plans. (PA05-0234 - FISK) . Las Brisas - A Pre-Application to construct 108 multi-family senior condominiums located east of Jedediah Smith on north side of Highway 79 South, The application was submitted on September 13, 2005. Applicant is currently working on revising the site plan due to - access issues, (PR05-0015 - DAM KO) . Rancho Highlands II - A Pre-Application submitted on September 28, 2005 for the construction of a 137 multi-family affordable condominium complex located near the northeast corner of Ynez Road and Rancho California Road, A DRC meeting is scheduled for November 10, 2005, (PR05-0016- DAMKO) . Map 32780 - A General Plan amendment to amend the Land Use Designation from Very Low (VL) to Low Density (L) for a 22.45 acre parcel located on Walcott Lane north of La Serena (APN 957-170-032-033-034-035-036), This application was submitted on August 13,2005, A DRC is scheduled for November 15, 2005, (PA05-0283 - MCCOY) . Redhawk PA 13 -A Pre-Application to construct 98 condominiums totaling 117, 897 square feet on 8.9 acres on Deer Hollow Road, The application was submitted on August 31,2005. ,. A DRC is rescheduled for November 10, 2005 applicant redesigned the project. (PR05- 0014 - MCCOY) Miscellaneous . Sprint 100 Margarita - A Minor Conditional Use Permittor the co-Iocation 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 It 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-Iocation was already occupied by another carrier and that revised plans must be submitted for location on another structure on the project site, Revised plans were submitted on June 29, 2005, A DRC letter was sent to the applicant on August 4, 2005, Staff is currently awaiting the submittal of revised plans, (PA04-0529 - 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 DRe comments on April 22, 2005, The applicant submitted a revised sign program on July 1, 2005, The project was heard at the September 21, 2005 Planning Commission hearing and was continued to the December 7, 2005 Planning Commission hearing so that the applicant could revise the program and address the Planning Commission concems, (PA05-0064 - FISK) . Rancho Baptist Church Monopine - 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- KllZEROW/PETERS) . Doghouse/Lolita Road Monopalm Wireless antenna - A Conditional Use Permit to construct a 50 foot high monopalm with 12 panel antennas. on 2" microwave dish. a shelter to match residence, a generator pad for emergency use, and 2 live palm trees with irrigation located at 30984 Lolita Road, The application was submitted on June 24,2005. A DRC letter was mailed on July 23, 2005 and staff is awaiting resubmittal. (PA05-0195- KllZEROW/PETERS) . Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50 high monopalm on Greentree Road, approximately 500'east of Via Sierra, The project was submitted on April 19. 2004, Staff has received 3"' party review comments, Staff has postponed scheduling the project for a Planning Commission hearing at the applicant's request and anticipates scheduling the application for a December 7, 2005 Planning Commission hearing, (PA04-0285 - FISK) . Meadowview Golf Course - A 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 is currently waiting for the revised EIR, (PA01- 0375 - KllZEROWIPETERS) . Verizon Wireless Telecommunication - A Conditional Use Permit for a 60-foot high mono- pine within the Rancho Califomia Water District facility. Staff has informed the applicant that the proposed mono-pole is not an acceptable design for the area, The applicant indicated altemative sites would not be feasible; however, on November 10, 2003, they offered to look at altemative sites and designs. The applicant resubmitted on May 10, 2004. Staffmetwith ' the applicant on August 19, 2004 to discuss design alternatives, The applicant is continuing to cooperate with staff to develop a solution, On September 16, 2004 the applicant submitted design concepts that were not supported by staff, There has been no formal resubmillal since May 10, 2004, There is a new Telecommunication consultant for third party review, Staff issued a 30 day close out letter for this project on November 14, 2005. (PA02-0637 - PAPPI . Temecula Regional Hospital- A General Plan Amendment, Planned Development Overlay, Conditional Use Permit, Development Plan, and a Parcel Map 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 South, south of De Portola and west of Margarita Road, The 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 EI R for this project. A Focused EI R was prepared for this project and is currently out for Public Review and Comment The public comment period closes on October 28, 2005, This project is scheduled for Planning Commission, on November 16, 2005 and City Council on November 22, 2005. (PA04-0462, PA04-0463 - 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's 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 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 3'" party review, The applicant has' been advised that continued processing of this application will require the submittal of an additional one-year extension of time as more that one-year lapsed since the application was submitted, The applicant has not applied for a second Extension of Time and a 30 day close out letter was issued on November 14. 2005, (PA04-0264 - PAPPI . 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 3'" party review were received on March 20,2005, A DRC letter was sentlo the applicant on March 30. 2005. A new management company recently contacted staff, requesting that the application not be closed, Revised plans were received on October 27, 2005 staff is currently reviewing the revised plans, (PA04-0566 - FISK) . Brightstart Daycare -A Minor Conditional Use Permit for a large family childcare proposed in a 1,639 square foot home located at 31862 Via Barraza, This project was submitted on July 26, 2005 and is currently under review, A DRC meeting was held on September 1, 2005 and a DRC letter was sent on September 13, 2005 to the applicant Staff is still awaiting applicant response. (PA05-0213 - MCCOY) . 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 shelter and a back-up generator. The property is east of Placer Lafite and south of Chemin Coutet The application was submitted on March 1, 2005, A DRC meeting was held on April 21, 2005, Staff is currently awaiting revisions. (PA05-0063 - BALES) Small Business Assistance . Wine Sellars - An Administrative Development Plan has been submitted forthis wine tasting facility at the south east corner of Sixth Street and Old Town Front Street (The Hitching Post Center) in Old Town Temecula. Staff has helped this applicant with the submittal requirements for their application that is expected to go to the Old Town Local Review Board in December. (PA05-0269 - NOLAND) . I Love Clocks - Staff is working with this business owner to obtain approval for new signs for this business in Old Town Temecula. (PA05-0281 - NOLAND) . Stellar Cellar Wines - An Administrative Development Plan was approved for new signs for this business in Old Town Temecula, (PA05-0280 - NOLAND) . CBM Financial- City Planning Staff helped this applicant obtain approval for new signs for their business in Old Town Temecula. (PA05-0303 - NOLAND) Soecial Event Permits . 2005 Fall Car Show - Staff worked with , P & R Productions to help them with their Temporary Use Permit for this Old Town event that took place on October 7 and 8. 2005. Organizational mee~ngs with the applicant were held on a regular basis, (PA05-0227- NOLAND . 2005 Race for the Cure - Staff helped the organizers obtain a Major Temporary Use Permit for this event that took place on October 16, 2005 at the Promenade Mall in Temecula, Meetings with the applicant and City departments took place on a regular basis, (PA05- 0228 - NOLAND) . Home and Garden Show - A Major Temporary Use Permit was approved to conduct this event at the southwest comer of Overland Drive and Margarita Road on October 14, 15, 16, 2005, (PA05-0228 - NOLAND) . Great Tractor Race - The applicants for this event worked with staff to obtain approval for a temporary use permittor this event thattook place on October 1 and 2, 2005 at the comer of Cherry Street and Jefferson Avenue, A transmittal for this event was also sent to the City of Murrieta, (PA05-0258 - NOLAND) . VSPI Car Tent Sale -City staff aided the organizers of this local used car sale in their efforts to obtain a Temporary Use Permit for this event that was held at the promenade Mall on October 7-9,2005, (PA05-0266 - NOLAND) Soecial Proiects & LonQ RanQe PlanninQ Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes, These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activi~es currently in progress are described in the paragraphs below: . Old Town Specific Plan Amendment - Staff has finalizing the draft amendment to the Old Town Specific Plan to expand the protection for historic structures throughout the City, as well as make a number of other clarifica~ons related to alleys, landscaping, signage, and mixed use projects within the Old Town Area. A draft of the Initial Environmental Study and notifica~on letters for the non-Old Town property owners have been prepared and are currently under review. (HOGAN) . Nicolas Valley Rezoning - To better implement the Rural Preserva~on provisions of the General Plan an amendment to the Development Code to further restrict the land use options in this area is being prepared, The proposed changes are currently under review, (PA05-0264 - HOGAN) . Public Transportation Master Plan - The decision has been made to attempt to do this work effort in-house rather than hiring an outside consultant. Staff is beginning the process of developing detailed work outline to guide the future work effort. (HOGAN) . Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff has started the development process for Mixed Use Development Standards by reviewing existing projects and guidelines. This is expected to result in a recommended approach for areas of the City that are designated for Mixed Use development (WEST) . Santa Margarita River Watershed Planning project - Staff members from the Planning and Public Works Departments are participaling in this process, Since the completion of the contract between the San Diego Regional Water Quality Control Board and the County of San Diego, no meetings or program work have occurred, (HOGAN) . 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. This is expected to include significance thresholds and procedures for the City to contract for the preparation of environmental impact reports, . Development Code Clean-Up Amendment - The Item was initially presented to the Planning Commission and has been continued off-calendar. Staff has finalized the amendment to the Development Code, The proposed amendment is currently under review, (PA05-0041- WEST) . Surface Mining Ordinance - Staff and City Attomey 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. . City - Project environmental reviews and permitting: .:. 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, .:. Diaz Road General Plan Level Improvements- Staff has prepared an Initial Study to determine the impacts of constructing ultimate improvements on Diaz Road, Staff is recommending that a Negative Declaration be prepared, the scheduling of this item for the City Council will be coordinated with Public Works Department (EA07 - PAPP) .:. 1-15/ SR79 S. Ultimate Interchange Project - Staff has provided comments to the Public Works Department on the issues that need to be addressed in the NEPNCEQA document that is to be prepared for this project. (EA 111 - WEST) 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 Update, Due to inactivity, staff issued a 30 day close out letter on November 14, 2005, (PAPP) . PA04-0411, Nicolas 73 - A General Plan Amendment application (and Zone Change PA04- 0414, and TIM 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 onJuly8, 2004 and DRCwas held onJuly 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 Due to inactivity, staff issued a 30 day close out letter on November 14, 2005, (PAPP) ITEM NO. 32 Approvals City Attorney Director of Finance City Manager ~ tf CllY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council Jim O'Grady, Assistant City Manager November 22, 2005 SUBJECT: Economic Development Monthly Departmental Report PREPARED BY: RECOMMENDATION: Gloria Wolnick, Marketing Coordinator Receive and file, The following are the recent highlights for the Economic Development Department for the month of October 2005, ECONOMIC DEVELOPMENT, Leads and Inquiries In the month of October, the City responded to three leads consisting of: On October 19, staff met with Abrams & Howells Development regarding a high-end 1 00,000+ sq. ' ft, multi-level athletic facility, This user has developed many high-end athletic clubs in the mid-west and east coast. Staff continues to assist Ramona Walker with the San Diego Blood Bank with potential site locations and contacts for their T emecula Valley Center. They are looking to lease a 4,000 - 4,500 sq, ft, space in Temecula. Staff continues to assist a specialized tea business looking to open up a retail store in Temecula with potential locations and contacts. During the month of October, The Southwest California Economic Alliance responded to 2 leads and 2 inquiries (I lead from City of Temecula, 2 inquiries from Business Facilities, and I lead from IEEP). The Alliance website had 3,013 visitors in the month of October. Refer to attached Alliance report, Business Retention & Appreciation Mayor Comerchero wrote a letter to Mr. Shau-wai Lam, President/CEO of DCH Auto Group, on behalf of the Temecula City Council and City staff. congratulating him on being recognized as the 2005 Ward's Dealer of the Year. The Press Enterprise published an article announcing the transfer of Serological's operations to Chemicon International in Temecula, Mayor Comerchero wrote a letter to Mr. Jeffrey Linton. President of Chemicon International, and offered assistance during this transition period, 50 jobs are expected to be added locally, As a member of the EDC Business Relations Committee. staff met with Dolly Carreno, Human Resources Managerfor Paulson Manufacturing on October 4"', Paulson Manufacturing is family- owned, Their world headquarters and manufacturing facility is located on Rainbow Canyon Road, They specialize in fire and rescue, safety and industrial equipment They provide protective equipment for various industries worldwide consisting of protective head gear, helmets, head gear accessories and eye protection. Special Events/Grand OpeninQs/Ribbon CuttinQs On October 3'., Mayor Pro Tem Roberts, Councilmember Edwards, and staff attended the KZSW Ribbon Cutting Ceremony, KZSW will be the main source of local program- ing for Southwest California residents, Tours of the studio and offices were conducted throughout the day. John Roberts is the station's General Manager. KZSW is located at 43225 Business Park Drive, Staff attended The 1-215 Corridor Economic Development Summit on October 7th at Pechanga Resort & Casino. The event profiled the economic development opportunities available in the corridor. Agencies and key businesses provided an overview of where things are now. what is being planned, and what the future could look like, The conference drew more than 500 consisting of transportation officials, bankers, builders and developers. Sessions induded traffic, office space, and home buying, Councilmembers Edwards and Washington and staff attended the Economic Development Corporation of Southwest California's 15-year Anniversary Celebration Luncheon on October 281h at Pechanga Resort & Casino. The event commemorated 15 years of economic development outreach and services, The EDC's new corporate identity was unveiled including a new name and logo, marketing materials, and its website, Future EDC programs that focus on business retention, expansion, education, outreach and recognition were highlighted, Councilmember Edwards presented the EDC with a proclamation from the City, On October 19"', Councilmembers Edwards and Washington and staff attended the RBF Consulting Open House, Their office is located at 40810 County Center and RBF celebrated its 20lh anniversary, The City of Temecula participated at the Temecula Valley Chamber of Commerce 2005 Autumn Fest Business Expo on October 26th at Temeku Hills Golf & Country Club, Staff from several departments were on hand to provide information and answer questions, City Council and staff attended the Old Town Community Theater Grand Opening on October 4"'. Mayor Comerchero. Councilmembers Edwards and Washington, and the City Manager. participated in the opening ceremony with the Theater Foundation and community members instrumental in the development of the theater. Singer/song writer Grammy award-winner Melissa Manchester performed, Media/Outreach Materials Staff wrote the City article for the October Chamber of Commerce Newsletter titled: "Moving Forward with the City's Information Technology." The article highlighted the City's Information System's Department and the technology services that the City provides. Staff is working with a graphic designer, commercial brokers, and the Promenade Mall marketing department on developing a high-end retail insert which will be included in the City's business kit. Staff updated the business inserts that are included in the City Business Kit. The Southwest California EconomicAlliance will advertise in The Business Press special section dedicated to the "Southwest California" area, The Alliance will receive editorial space, The coverage will highlight the Alliance, its services. GIS sitefinder site and new Jobs Database site. The Southwest California EconomicAlliance produced a Jobs Database Postcard to help promote the upcoming jobs database website, The postcard will be sent to local employment agencies and businesses and will encourage them to post their job openings to this site, Meetinos On October 3'd, staff met with Colrn Macken, President of Forest City Commercial Development to discuss the Promenade Mall, Staff provided Mr. Macken with a copy of the City's latest Economic Demographic report, business kit and population and growth forecast information for Temecula, Staff met with Margie Malloy of Summerset Apartment Homes on October 5'h to discuss the ' future extension of Rancho Way. Staff attended the Murrieta Temecula Group Meeting on October 7'0. Chief Domenoe spoke on Gang Issues. Staff attended the EDC Business Relations Committee Meeting at Bianchi International/Gregory Mountain Products on October 6'0. Larry Deck, General Manager of Bianchi International gave a presentation on the company and provided a tour of the facility. Company reports included: Sunset Metal Works, Genotek, Nimbus Water Systems, Paulson Manufacturing and Milgard Windows. Committee Certificate Awards were given to: Usa Marie Ellis, Jim O'Grady and Harry Shank for "Best Attendance" and Ashley Jones and Harry Shank for "Most Visits", Staff reported on the Temecula Community Theater grand opening, and mentioned that the environmental impact report for the proposed T emecula hospital would be reviewed by Council in November. Staff attended the Partners in Education Committee Meeting on October 3rd, Resources to be listed on the schools web site were discussed, On October 18'h, staff attended the Southwest California Economic Alliance Partner's Meeting. The partners discussed the following items: the ERISS Survey Questions, Broker Breakfast, Jobs Database and 2006-07 budget. During the month of October, the Alliance conducted a survey of21 brokers located in Southwest California utilizing www.surveymonkey.com. a free, on-line surveying tool. Gregory Lee provided the results of the survey to the partners, Gregory Lee distributed copies of the revised Soaring Dimensions publication which included coverage for the City of Lake Elsinore. On October 18th, staff made a power point presentation on upcoming projects and improvements occurring in Temecula to Rotary at the California Grill, Councilmember Washington and staff attended the Economic Development Corporation of Southwest California Board of Directors Meeting on October 20th, New business items included: environmental action against Riverside/Orange County transportation corridors, Higher Education CenterlWater District Issue, First Team #1079 Robotics Club and EDC business cards, Councilmember Washington reported on the Old Town Temecula Theater's grand opening and Race for the Cure event. Staff reported on eminent domain issues as they related to redevelopment projects within city limits. Staff provided an update on the Tourism ImprovementDistrict - 2% excise tax on Temecula hotels which is supported by the hotels to be used to promote tourism, Environmental Impact Report completed for the new planned Temecula hospital and will be reviewed by the Temecula Planning Commission on November 16th and will go to the Council in November, expansion of the Police Department Storefront at the Promenade Mall. SDG&E would file an application with the PUC in December as it related to electrical transmission distributive deliverable process and the Board discussed the SDG & E Valley Rainbow Project regarding additional transmission lines running from Ramona easterly to the Imperial Valley to connect to the Romoland plant. Staff attended the Inland Empire CALED (California Association of Local Economic Development) Chapter Meeting which was held on October 27th. The Inland Empire chapter provides good networking opportunities as well as resources pertaining to economic deveiopment and job creation, The chapter will meet on a quarterly basis, On October 24th, staff met with Rick Hauser of Gallery Homes to discuss an issue pertaining to his housing development located on Ynez Road, The Murrieta-Temecula Subcommittee met on October 25th, which included Temecula Councilmembers Naggar and Washington, Temecula staff, Murrieta Councilmembers Gibbs and McAlister and Murrieta staff discussed the following items: French Valley Parkway update, Connection ofYnez Road and Jackson Ave, - east of 1-15, Murrieta Hot Springs & Date connection, and potential Cherry and/or Guava crossing of Diaz,and Granite Quarry, The meeting was noticed, Mayor Comerchero, Councilmember Naggar and staff met on October 25th to discuss the presentation for the planned hospital in Temecula. On October 26th, staff met with representatives of CSU San Marcos to discuss the T emecula Higher Education Center. TOURISM Special Events Staff attended the Temecula Fall Car Show & Old Town Cruise, which was held in Old Town on October 7th & 8th The event began with a Friday night cruise followed with a tribute to Martha & The Vandellas. On Saturday there was a Show & Shine with entertainment provided by The Isley Brothers Revue, Awards were given out at the end of the day. The show benefited the Boy Scouts, Theatre Foundation and VFW, Per contract, P & R Foundation provided a recap of the event to the City. The Susan G. Komen Race for the Cure was held on Sunday, October 16th at the Promenade Mall. As one of the major sponsors, the City was provided an information booth, Mayor Comerchero spoke on behalf of the City. The City had a team that participated in the walk and/or run. Councilmember Washington and staff attended the Susan G. Komen Race for the Cure Sponsor Appreciation Dinner which was held on October 27'h at Monteleone Meadows, The City was recognized as one of the major sponsors, Staff attended a fundraiser for Michele's Place - Breast Cancer Resource Center for Temecula Valley on October 25th The luncheon/fashion show was held at South Coast Winery, Members of the community supported this annual event. Advertisinq & Media City continues to advertise in Westways magazine and receives a great response., MeetinQs On October 19th, staff met with Melody Brunsting to discuss a possible tie-in with the Old Town Hot Summer Nights Program and Temecula Valley International Jazz Festival. A meeting with the Laskins would be scheduled for November. On October 20th, staff held a meeting with local large event organizers to educate them on the new California Assembly Bill 2176 which went into effect July 1. 2005. This requires recycling programs to be developed and implemented at large venues and events and then reported, Events subject to AB 2176 are those that draw an average of more than 2,000 individuals (including employees and volunteers) per day of operation and charges an admission or is sponsored by the City ofTemecula. Since this is mandatory, the Temecula City Attorney will work up language to include in future sponsorship agreements, On October 25th, T emecula City Attorney and staff met with representatives ofthe T emecula Valley Chamber of Commerce and Convention & Visitor's Bureau on finalizing the Tourism Improvement District in Temecula, Staff has been working with the Chamber of Commerce/Convis on the development of a Tourism Improvement District to provide funding for expanded tourism promotion efforts. ATTACHMENTS Temecula Valley Chamber of Commerce Activities Report Economic Development Corporation of Southwest California Activities Report Southwest California Economic Alliance Activities Report I~m TEMECULA VALLEY CHAMBER OF COMMERCE November 10, 2005 Shawn Nelson, City Manager City ofTemecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the October Monthly Activity Report as per our contract with the City of Temecula. This is the month of October at a glance: Business Inquiry Highlights: In the month of October, 8 businesses requested information on starting or relocating their business to Temecultl. 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: The second annual 2005 Leadership Academy Graduation Class Ceremony was held on October 27, 2005. 'Business management leaders and consultants, the Leadership Academy instructors exposed the 27 participants to the latest concepts, approaches and Iools for management and leadership. A special thank you to Chemicon for sending 6 participates this year. OffIce Depot Affinity Program: The Chamber board approved a proposal 10 offer the TVCC membership a saving of up to 60% on items. The program will be launched in December 2005. Education Committee: The committee is beginning to coordinate the 2006 Youth Job Fair, The Job Fair will be held on Saturday, April 22, 2006 from 10:00 a.m. to 12:00 p.m, The committee will be holding a poster contest to increase student participation, The education commillee will begin meeting quarterly with the next meeting set for December 8, 2005. Temecula Valley Convention and Visitors Bureau: Visitor Center: (Refer to new performance graph). Served over 1,136 people at our walk-in visitor's center and 1,005 Tourism Phone calls. Filled request for 1,570 Visitor Guides from e-man inquiries and AAA-WesWiay inquiries, Convention SeIVices/Rellional Meetlnas/Convention Business/Lal'lle Groups: Provided assistance for fifteen currerit and future groups looking 10 hold events in the Temecula Valley. Business names included RMac Association, Parallax, Costal Connections, Xerox Cooperation and Covenant Worship Cenler. Assisted three families with upcoming weddings in the Temecula Valley, as well as, six individuals for leisure travel. Trade Shows/Fam Tours/Community Partnership: Allended the Temecula Chamber's business showcase expo and assisted several local residents and business people with location information. Hosted the San Diego Visitor Center Networking lunch at Bailey's In Old Town, This event was allended by San Diego Visitor Centers representing, Oceanside, Balboa Park, Julian. San Diego CVB, Coronado and Certified Folder Company. Marketlnll/Community Partnership: Completion of the Taste of California TV Series, which was a cooperative advertising project with the California Travel & Tourism Commission and TV Wine Grower's Association. Medla/Marketlna: The TVCVB received five media hits for local press in October with regards to new lodging establishments, Travel Trends for lodging and the Zoning in Wine Country and Tourism Impacts. Interviewed with "Association Meetings": Story "Temecula as a Destination for Conventions and Regional Meetings." Placed Iistlng in the "Sports Events Planner 2006 Guide." Placed listing in the 26790 Ynez Court. Temecula. CA 92591 Phone: (951) 676-509lJ. Fax: (951) 694-D201 www.temecula.org . e-mail: Info@temecula.org RV Journal. Webslte Marketlna: (Refer to new performance graph.) Successful Increases In webslte users (refer to new graphs). During the month of October the TVCVB website received over 4,209 unique users and 191,278 website hits, Southwest California Legislative Council: The Council is coordinating a strategic planning session on December 9111 to determine the focus for 2006 and to discuss future plans for the SWCLC. Dave Kilby, Senior Vice President of the California Chamber of Commerce will facilitate the meeting. Committee continues to review S. 1504 following a presentation from Jason Goldman of the United St,ates Chamber of Commerce, Committee requested additional time to review this item. Committee opposed SB 459, which addresses emissions of air contaminants from locomotives. Business Development Resource Committee: The Businesses of the Month for November, chosen by the Membership & Marketing Committee, are 2CP USA and Dearborn West, LLC. The Chamber Spotlight winner for November is Affordable Window Coverings. The Roundtable Discussion was held on Tuesday, October 11111 and the topic was Money Management. Membership & Marketing Committee: 23 businesses joined the Chamber in October 2005. Staff and Ambassadors attended 13 Ribbon Cutting events. 65 members networked during the Membership Networking Breakfast at the Embassy Suites Hotel in October. Members enjoyed the Power Networking Workshop held in the Chamber Boardroom. The monthly workshop is held the first Tuesday of every month from 12:00pm -1 :30pm. Members are invited to bring their lunch and learn valuable networking and etiquette skills. Special Events Committee: The 14111 Annual Autumn Fest Business Expo took place at Temeku Hills on Wednesday, October 26111. The event drew over 200 attendees and 55 exhibitors. The Committee is looking at a larger facility for next year's event. The Special Events committee is also working on the 40111 Annual Awards Gala, which is sure to be more spectacular than everl The event will honor and recognize over 57 nominees in six different categories. The committee has also begun planning the 2006 Golf Classic and Economic Outlook Conference. Tourism Highlights (Bulk brochure distributors) Activity Report: . 468 Visitor Guide requests were processed from the City of Temecula's Weslway's advertising marketing piece. . 108 Visitor Guides were distributed to the Swing Inn Cafe for visitors, . 50 Visitor Guides were distributed to Polly of Calico Coffee Company for visitors. . 16 Visitor Guides, 16 Tourism Maps and 16 Winery Brochures were distributed to Harry Salit of Revconeers for a group. . 60 Visitor Guides, 60 Tourism Maps and 60 Winery Brochures were distributed to Darlene Weber of Zyxel Communications for clients, . 27 Visitor Guides, 27 Tourism Maps and 27 Winery Brochures were distributed to Denise Haerr of Temecula Sister City Association for visiting guests. . 20 Visitor Guides and 20 Tourism Maps were distributed to Marcia Sallley of California Eye Professionals for recruiting ophthalmologists, . 216 Visitor Guides, 50 Tourism Maps and 200 Winery Brochures were distributed to Leslie Mendoza of the Department of Social Services, Group Homes Conference for meeting attendees, . 216 Visitor Guides were distributed to Veronica oJ the Comfort Inn Temecula for guests. . 15 Visitor Guides, 15 Tourism Maps and 15 Winery Brochures were distributed to Kevin Corbett of Prudential Realty for clients. . 216 Visitor Guides were distributed to Sam Lad of Ramada Inn for guestroom distribution. . 45 Visitor Guides, 45 Tourism Maps and 45 Winery Brochures were distributed to Christy Cozart of The Dolphin Club for an RV group coming to Pechanga Resort & Casino. Activity Report: 2 . Tourism calls for the month of October -1 ,211 . Phone calls for the month of October - 2,283 . Walk-ins for the month of October - 1,753 . Web Page User Sessions for the month of October - 5,881 Also, attached are the meeting minutes for the Temecula Valley Convention & Visitors Bureau, Southwest Califomia Legislative Council, Business Development Resource, Membership and Marketing and Special Events committees. If you have any questions regarding this information, please call me at (951) 676-5090 or e-mail asullivan@temecula,org, Thank you. Allee Sullivan President/CEO cc: Mayor Jeff Comerchero Councilman Mike Naggar Shawn Nelson, City Manager Jim O'Grady. Assistant aly Manager Gloria WoInld<. MarkeUng Coonlinator Mayor Pro Tern Ron Rober1s Councilman Chuck Washington Councilwoman Maryann Edwards Gary Thornhlll. IJeptJty aly Manager lVeC Board of Directors 3 . :,'.. PHONE CALLS TouRIsM Tourlsnt Referrals Calendlu of Events SpeellilEvenlS GEirieraUnforinlition ' 'TOTAl. TOURI~MCALLS , ' Rillcic;<Jtiriri' ~l'!1oiiraP'hics C~a.mtljjf ,',," Mi~iilliie~lIl~i, '.,",' ' ',' to:r~L;"flQNE CAi.LS ~ ,;, ,;"",,.:;.:'., ":", . WA1.~.,Jt.I~ '." Toori,~m'. , Cliiiiiid!Ii'ofEverits SPiiC@~venlS (3enel'llllnfririnallon Rel~~on De'rahies m911"p . C~*m!i!!t ,. Miil!:ell\meri4s ." ,TP'tALWALK-INS .....!1~7~;~y.::;':::i;{,0:1;j:N;;;;', QelTicign,phies., ' '...6T~MAlLlt.lGS ' '.':'''. ;',~.\:. .'- .' . ',..,'.: :'. ". r' .,~ '. GAANbfotA4S PHOI\I~'CAt.Ls WALK-INS " MAil.llIIGS E-r.'IAIL, weB pAGE USER SESSIONS TemeculaValley Cham~r ofCommen:e Montl\ly AcUvltyReport October 2005 Chember 11I1s Month VIiI. Center This Month 218 128 187 712 1,223 132 H7 517 ,285, 2,t74 , 1ali 112 88 690 129, ~, 408 308 1969 t .," 48' 3 2 57 108 Year.To-Di!te TOiaI 3,2~ 1,900 2,~2 8,847 16.551 1',757 1,294 7;366 '3,~~,9' 30,9(l1 1,9~~' 1,379 1;05,5 7409 "\,'- 1,519 1;115 5,ll27 . 2,951 22,423 ....".,".. <,:".. ."., ".;:....:,.-::~\',;~t:;.~) :"'~::.. "".' ",;.. '.' 1;S70:- ' 19 22 1,611, ' ~ ...;" ; '< .< '>:' ',," .,~,-:;,; ':. ,:<",.:::,(/i;<:/:, :,,'. . .~ ., . "':--:' :', :.-> :':.~.;: <~~[:l;{\V' (~:~;~:':';;':'~:;:;', ;";;:~':' . . ";>::2:;Yrf '6;a~:k, ,,', 387 " 417 6 800', :"'''--:'''''''':''. ,,:....;., .~..,<i:,... 98 " 00.' , 1~ 330. 5,881 11IIs Month 2,274 1,969 1,611 330 5,881 ,9~2,", 7'19, 1844'.', '.' .' 3,555 " 52,6'\11 Year- TO-bide 30.;907 22,423 6,806 3,555 52,646 PHONE CALLS TOURISM Tourism RefiliTals Calendl!r of Events Spliciall:venls General Information TOTAL TOURISM CALLS Relocatlqil Demographics Chamber Mis<:elli!neou!I , ,,' "T:OTAL PHOl\llt CALLS , , WAt!<~NS Tolirism' Cale!ld~,. of Events SpeeialEvenls Generallnformalion Re~on Demographics Chl!.inber Miscellll!leClllS Visitor,CEmtar Walk-Ins '~E~~~~''!!r~':'~~h:fj,.;!, Tourish1 Relocation Demll9l'ilphiCS " , 'tOTAL MAILINGS E-MAIL. T ourisift ReI~n Miscellaneous TOTAL E-MAIL WEBSITE USER SESSIONS Annual Volume ComparIsons Chamber October 2004 Chamber October 2005 294 144 232 891 1,581 218 126 167 712 1,223 133 1QO 170 292 2,~1l 132 117 ~17 285 2,274 187 128 87 7~ 144 112 422 271 120 2,2Cl4 138 112 88 6S0 129 9IiI 4Da 3118 108 ,\~;Q77.; . . :;,~.,;~.:<,;::~:>_: >.,.-\:' . ",-,",,-" ',,'0""",,' .- ._.o_.c._,.o..,_"_, ',',:'.~'::.;r;;'~::'/ ",... .. .,. '::" ,-,,':::'--,. 1,037 .42 ,.~", 1,117 1,570 19' "22,' ,1,1111 1., 87 98 73 66 189 166 349 330 3.316 5,881 . Chamber referrals rellect mes, walk-lri8 and phone calls Percentage -28% -13% -28% -20% -22% -1% 17% -33% -2% -20% -26% -13% 1% -6% -10% -14% -3% 14% -10% ",' ,~%.' . . :,,: '__.... ", ~';':":_:'.- c . ,{,:,,;:;:..::"~,>: '. 51% -55% -42%. 44%' 13% -10% -12% 08% 77% TEMECULA VALLEY -~. --... ~nwnwn~dW~ro~Bu~au '->"'...,-.-.": Board LiaiSonS: TVeva Meeting Minutes Thursday, October alii, 2005 @ 11 :30 a.m. pechanga Resort & Casino CheriSe Manning (present) Ginny lVIulhem (present) Valerie Skovron (present) MelOdy Brunsting (present) Mike Ooblado (not present) Doug leiber (not present) Greg lVIorrison (not present) BillSellzer (present) Kelly Daniels (present) Oenis Ferguson (prasent) Rusty Manning (present) Janese Reyes (oot present) Bill Wilson (not present) Chairperson: co-Chalrs: ....-,. <.~; -'" ','...:,.,:,'.,..... \:.,tT.:U' . ',-, );:]i: '. '.g9'riii1'I~!l~"~el'lt: Sh~YII1Hans~n, Lucy tion, Jann Gently, O,onne CraIg, Theresa" '..". .,' ,,:t;., ", . .".gyerl1)al'1~~aill3radley,Ljnda Ki$Sam, Darlene Musil, ChristineLlodemann. BarbllTa 1ang<1on, " Ijt:';, '~il<eRqs~leths,RaChE",~1 Blake, Cindy Bailey, ~enifEl~ WAlilsOon'bRcise Kamooila, Tanya Del!J98-Gailan, 1I"i1Uall'i, '. Ii .~.rsi .l1ca1u~, Su\usa Atnqrasingh, ,a!J er, Slave' Mallory, Ron McMullen, : ,,'Sci;!ndra)l.s.hercraftiKrlsta C/laich. NinaSlanley, Jim Brady, Judi BradY,Laurie Miller, CliffQi:d (Ii> ", ",.NUrin.~evii'1Fohseca,SharonFonseCa,.Glo"lI Easterwood, Rein Katzin, Jack Koneclll, ',' "",::' , ',.,~the'rin~ Aili~!id,iolJisDe Rosa, BlCldSctbrinon,' Chris Marsh, Bette Elidres",n, Yolie Johnson. '"'Jirl'\Milll'y.;JElllrj~ie MUllY, Billi(jBlair, BrilmHlIrtig, Mike Lad, Jimmy Moore,Steve Levin.E:mUy -, ",' ','ReY!l~;,9IoriaW~lriick, Patty Don<lVan,lauiia A)bright, Mark lOVie. Kim COusins, JaCk Watkins, Ii:', ... ,.""EH~n.vvatk!~S,E:choMai'tih,Bob Newso~e, Ken Westrnyer, CarplP~pejoy, OianeBartlos, .," ..,.. ..' 1<,'/';~ffiP'r~~nt: KimberlY Adams, carrie Penny & Alice Sullivan I:;~~,~'{:,..: . . ,...." '".,' . ,.;/';, ';;~~ltfg'()~d.tiifitl'odUctIl)nS, ;;'/'~'<':.' NJ,anl'1ing:callild the meeting to order at 11:55 a.m. Self Introductions were made around th'e \;:;"':-" grcllJp. -' ".' . " ":~"r.',>:.i~~~;~in~it~\' ".',., " '" ' " , , ,', " ", ,"<'e" Am9li6r(~~l11a<!~~ ~pprove the J",ly 7"', Z005 TVCVB meeting minutes as written. The' mQtjQri~s~ct)rid~. whicIJ carried. .;.:.-. '. ",-",.-.,:,'-. -. "Hb~t'~itilltyPte~ehtatll)ri;;;. pachailaa Resort & Casino , ".,' , ," "P~"ji~,f'~ffi~pnW.el~irii.ldev~lypne.lotlie taciliiYl!iidinli'oduced .lopn JamElS,the llew@enel'lll' 'Mi!ln'ag~"Oflfie:P8changaReSQtl & casil1o, Jamesmel1tionlld he Was ftoiTiLaS V~~'!lJ1d ",..,' .' ., ' ve.ry h~pp.Y to Where inTernecuia. He st~~e9the imporlanCe of Etdu~tiq~ anda~trpl1g., ',' ,..,..,'," '. ,,' CQmll1l1i1lty.A$lh~secciJ1d largest private employer in Riverside, they clirrel1t1y have 48QotearTi ' meiribei'lla~dtheyfocus ()ri'~ g~t set ofcoTEivalues. So far tfteYhl;ive beel1able tohiie 9 pebple wheihave releicated here due 10 the Kairina Hurricane. pecharigilconsistel1ilysirives 10 ral~ethebaras a destinatiOn resort with still mal1Y more future building plans. Fergusdn' mentioned that pechanaa is celebratinl'l their 10 year anniversary alid they are cornmitted to "::"'::: . "j';:=..--., . _':'~'.:" . n' . ""',,. 'A:" They will hOst approxlmately 42 marine corp balls this November and will have had 52 conventions over the size of 300 people. They are forecasting an increase of 40% in visitor growth within the, upcoming years. For more information on Pechanga ~esort & Casino please !::<ill (888) 732-4264 or visit www,cechanaa.coni. Cltv Marketlna& Economic DeveloDmentReDort Wolnick reported thatttia city has 3500 copies of the new CD to distribute; they are a sponsor of the Car ShOW in Old Town aM the Susan G. Koman Race on Sunday, Oct. 16th; they continue to advertise in WestWaYS, Magazine; Te01eeula has become a hot spot fot filming-including some reality shoW episodes such as Nanny 911, Soccer Mom and career Opportunities; Ttie TemeciJla Community Theater In, Oid Town is now open and has 362 seats; the city will be hOsting an Old Town Halloween Event on Sunday, Oct. 30th. For more Information please call (951) 694-6400 or visit www.citvoflemecula.ora. 1'VCVBSlibcomnilitees , A. MaJ'kellng& Membership ~ Mulhemmentionedlhatas of January 1, 2006, if busirie~es are not iiI TVcva iTlember,they wlii not be iillkiWedtoattend the meetings and events. S~e el1~uragl:!d businesses to ,sign' up today in order 'M>.' reapth!ll1en~ti~l)j,~the ,.,Nr;i~ihg,V:i<ls piliTlpletli.,.M~II()ry$p<>keabOut.lhayijri()~lll!'ild~hoWsthattJj~,1Y9V~wIlI'" b:E!P~jrticip~tin!J' in.1irjl:ltlie, po$sib:pnY:ofaHjpP<>rtunitiei!for iTlenibElrbu~inli~~E!slo , p~~iclpatein'. a~W;elf:>tl\e' t,1~eti~9:an~'i:VE!htPlanner'~<?l)ldeis~iTildtlY"~~inir. ,',,' ",. " proctuge<f.' Mallory intfuducect~asle ~odriquezaslbe persoh to contacttorads )ind " " infCll1)1at[on qn lbil guide. , '",.. .". .,.,."., ",.. ',' ",' ',', '.., '.,', ",."..', ,,"...'. '..'','".,., ' B. Fln.anca-Adamllnientiqhed that wewiUtiilV,eour own Board of Qiiectots'b~ "lIQ~ary ~006: ,Our main !J~l. w1l1iJeto ,..'J8,.-ket midw!iek bUsin~s forlilllrnem~t gus!rt~s. S~~ also m~ntioriedthlitthe TemefUlli VallllYwiU ne.ed to bemoi'eCOiTlpe6tiVi:!Jri'Qr'd~r toc[ncrease tpuris.n." The, fOT .Inc:reased, Was 'considered" but ,.tlle ',',lcidgirigfac:Hitli!i! , suggelltedtheTpurism ImprovementDistricl(TID)asanalternativi:l: The TII)'wi"b~~ 2"4 seINlsses$/TIent performed by t.hEl.h!;iflllsand mCitels in thE! te!i1ei:ol~VaUef~6,% .91 thatfUriding will be, used ,for niarkellrigthe valley,. ' The ()ffieial district i,vIU!leJorQ1~,Jn ,Wm,1i 2006. ,Adams thanke~Pecl18i1g~ }orthelr con~nuElqsuppoitandlh~~ijy..!;if ;!:~m~t~f~~~~TIriWo1~"I.,ff~f~~~~~~~jt1J1~tiS~~~~~r~~r~I'~~~~~~""..""':'."., EventonSept 23"'~ Shementiol)ectlhatthe,Halloween Mli<~rWHI!lElThlJrM~y.'()~~er", ' 13tliatTemecolaCreeklnn.and weneedvOlui1~~tli 10 help with set-iJparid diJliiisat the:. eV~n~j .$~e e!l(:Q~~ged9u~sijtgP~r<;!lasetji#<~tjle~rty. therextme~ting WiIF~9rl' . tb\lt$dlilY, Noilem!l~r3, 2Q'P5at9:3()~aUheTYqvaoffi~:' '" ,.',.... "{i;j{.'.' c: GdVemin~ntlPR'- Blair nieiillohe~ that the neXt GovemmentIPR quarterlY meeting'~1I . fle'on Thursday; December Hi!" at2jJitt,atthe lVCVB office and we,'will have guest sp~ak~r"r"fayor.'P'ro'Teni, ROI;1RobEi~;cwilr'be speskil1g.0htooiis1T,1 ttaffii;al1d' ' ti'~nsportatioi1. '.' " toUrlsm',Destll1atlon,R,,!:!bfts AAttraClibns(EnteitlliniTlenf ,', . ",',',,',',,',' ,,' ,'. " ,',. '"",,',,.",' 1) Teinecula Valley Players -St:('Oogewill bil)laXing on 1212; 12/3,1219& 12110;LlilhtuplheSkY will be in Febtllary&'Maich. " '" .., " B. Ci1sihoGa\-rljng, ". ' " "',' .','" " .,' '.',' '" ,",' 1) p/ichanga ResortS. Casino'" their New Years Evej$ala on Dec. 31" is~ure' to sell out So CElli and reserve eal1y. The cost is $150pp at the box offii;e~ They will have ~BKing on 1 ~O & 31. For more information call (888) 732- 4264 or vIsit WWW.pechanaa.com. C. Festivals & SpecIal Events , .' ~: all vendor applications. For more infonnation please call (951) 676-6713 or visit www.tvbwf.com. 2) RKR Media Associates - Come out and support the Susan G. Koman Race for the Cure at the Promenade Mall on Sun., Oct. 16th. They currently have' 12.000 participants. For more information please call (951) 719-3604 or visit www.rkrmedia.eom. D. Golf 1) Redhawk Golf Coullie - They are ho/ding the Califomia State Open at their golfcoullieon October 17 - 21 and it will be benefiting Operation Homefront. For more infOrmation please call (951) 302-3850 or visit wWw.redhawkgolfclub.com. 2) Beyond The L.lnkslcalif()mia Golf & Art Golf Coullie - The remodeled golf course used to, the Cherry Hills Golf Coullie in Sun City. ,It will be opening On Nov. ,6th, For more infomiationplease call (951) 672-1265. ' E. Hotel$-N~Reptirt F. Old TO\'il1f9ulture ~'No Report G. Transportation", '" 1 )Fij~ri!i~,l)ip TrarispOrlatl()ii - 'They ,have.. a "we care" campaign and they are , Pfq\{l~lng"ar)pQ9l,s,E!iylce to na"al b<l$e'.personnel and military (currently 87 " ,'.pe.opleFa('OC;l;chl!irgf#;. ~()rmore Information' call (888) 448-6877 or visit www.temeculasiahtSeeirio;coni. " ,.' ',' . ,',"," ,",' '" ", "'., ,,' 2) ~t~r1@fRcjseLii11'ousin~,,:: TheYhaveanew 2005 Exculliion Limousine .. " a"aUiltite fOr rent' ai:!d they'hayEijust been. grahtedihtElrstate authOrity.Pla'n al1ij~d fOr youfl1()iiday party transp9rtiltion <lnd reserve now. For morf# irifi:!rfuation call(951)471~110or visitWWw.sterllnoroselimo.com. ',' 3) Trie Gl'liMllrte wine COuntry Shutlie - They are a, full-service transportation" ' ceirTtPllfIY, riOt lustfer Wi"ateuts. Please- call (888) 894-6379 or\Asit,.,' , ,,'vvWw:90araoe:com fO(rnorl; inforrnaliqn onseivlces." H.Wineries'".,..'"""'"",,, '.',,',' '.,'.. ,. , ". 1) l'~lrtecula Valley Wiri~9ro~rs ,Association, - Kissam mentioned, thaI there :!j!.__-!~:!_~~i';;i\ ~C!"'.ntrylsb.E!lllgm.el'lt\911E!(f11l th,~'I1l!!~f!lgr~~n~more., On iVIarch 1t,,?OO6,. ",,' , 'thif.'wIIFfliilVeth$ShoWdaseOt CalifomiilR "lonalWiIlEl AsSOciations'l;v iif.", . .,~(~!l~tft~9~~!,W(rt~&~~~og,&.~~~.@ij~p:'iiu3ya.fl; exCited abo4t.~~)_. ,'"," , ."',:nQ.~It\~.;itWm'b~h~lpihg;;(fWe.'t94ri~t()\!1.e,!lrea,alldlf1eyean (Ocu~,mRi'e;' (':" '. ' ',~ffC!i'!So,'fwili~pilqflcl11aijt;j~rig;QPpol'ti.iriilil!S;.' tor mOre inforll1alioll'riall/ (9,51I:f$~9~~~$Oi'VisitWWW;temeCUia.\Ninl;s;oni .,'" ,'."", ,,',',' ", '..,.',," ' ,', 1) tIicill11t()t';Wi,I1~&7"Will,~~f@~iiiQJ~~irM4rd!!r Mystery Play on Oc16~~r 2g&. ' 3Q:Tl)eywiUha1iellNeW.Wan; Eve Gala '.buteall ahead toresel'ie, ,For' mere infonTiatioiJ jJIEla$e'eall (95t) 699~0099 or Visil wWw.thomtonwine.cam,' , I. Suppo:riif.1~Joi!l'i~iri&triJME~titilJ~' ' ," ".",',.., ' " ,',',' . , ,', ",',,',' '..,',.' 'tl'RlIStyAcri;fl:!i'fE!~fahir+Th~r He!rf~iiitomatoes are now on sale andwiil".,. , onlYbeava.lla.bIef,orOl'lehlo~. m()rith~' F()r mote infoiThatiOn, please. gill; (7I).o)731~7~g,Qr'yi~ilwWw,rustVacres.cOm;' " '." " 2) $ilrl;r\dipity Vid!fu ProduCtions ,...: '" thanked thOse, who participated' in ilie. promo'V@eo. THeUnderthe Sun Magazine tv Show ain; every Tuesdil)('" trom6:30iilm ~ 7am. If you have speclaleVElnls, community serViceS or non:': prOfilnew's. stop by betWeen 9am- 12pm on the 1st or 31ll Wednesday of, '" each month for your promo. Call for location. For more irtfOrma~onplease u_ ,. ".. d_" "_ cgm. ;.-. < 3) First Mortgage Corporation - They will be holding a first-time home-buyers seminar on October 22"" and the Temecula Ubrary. For more Information please call (951) 506-4384 or visit www.firstmortaaoe.com. Advisorv Board UDdate Daniels reported on the following: o TVCVB 2nd Annual Halloween Fundralser and Mixer on Thursday, October 13"', 2005 from 5:30pm - 8:30pm at Temecula Creek Inn. o Roundtable Discussion on Tuesday, October 11, 2005 11 :30am - 1 pm at European Deli. o Autumn Business Showcase on Wednesday, October 26th, 2005 from 5:30pm - 8:30pm at Temeku Hills Golf & Country Club. o Chamber Networking Breakfast on Wednesday, October 26"', 2005 from 7:30am - 9:30am at Embassy Suites Hotel, Temecula Wine Country. Next QuarterlY Meetlna Date: Thursday, January 5'" @ 11 :30 a.m. Location: Pala Casino Resort & Spa 4 II~I TEMECULA VALLEY CHAMBER OF COMMERCE Business Development Resource Committee MEETING MINUTES Wednesday, October 19th, 2005, @ 8:00am TVCC Conference Room Sponsored by Community Little Book Committee Chair: Bob Hagel (present) Co-Chair: (vacant) Board Liaisons: Tom Paradis (present), Bill Wilson (not present) Members Present: Carole Crocker, Ginny Mulhern, Keith Randall Staff: Alice Sullivan, Carrie Kumano & Michelle Knowles Welcome & Introductions Hagel called the meeting to order at 8:05am. ADDroval of Minutes A motion was made to approve the September 218', 2005 meeting minutes as written; the motion was seconded, which carried. Business Resource DeveloDment No Report. Member Recoanltlon Proaram MYstery ShoDDer Proaram The Mystery Shopper Program will be added to the next Board of Directors Meeting on Thursday, October 27th. Ml. Sna Jacinto college is requesting a proposal on the program and exactly what it will require from the students. It was suggested to make opportunities for the students out in the business arena to enrich their experiences with the program. We should invite the students to attend mixers and networking events to integrate them into the business world. We will need to train students In role playing situations and do regular follow-up with them. We will try to get the students shopping by the end of November for the January shops. It was detennined that Mutual of Omaha, Sawyer, Cook and Paula Wilson will be shopped for the December shops and the committee will perfonn those. If we do get requests from restaurants to be shopped. we will need to verify if they are willing to pay for one meal for the shopper. Currently we do not have any restaurants requesting to be shopped, so we will address it on an "as needed" basis. Hagel reviewed the monthly winners. . Mystery Shopper Program (Courtesy of The Californian): -October - A1phaGraphics US564 -November - N/A . Volunteer Businesses of the Month (Courtesy of KMYT 94.5 FM): -October (Business Dev. Res.) - Eagle's Mark & Glass Blastersl -October (Business Dev. Res.) - HI-Tek Dynamics -November (Membership & Marketing) - 2CP USA -November (Membership & Marketing) - Dearborn West, LLC . Chamber Spotlight (Courtesy of FROGGY 92.9): -October - Tapioca Express -November - Affordable Window Coverings Roundtable Discussion Mulhern reported that the October Roundtable was successful. The topic was Money Management and we had some great members who were able to discuss this topic. Mulhem said that we need to revamp the name, format, location, etc. Starting in January, we will most likely hold the meetings at the chamber until the new library Is built. She asked for help with the committee to brainstorm ideas on how to improve the meetings. Sullivan clarified that the original purpose of the roundtable discussion was to be a resource to the members. Paradis mentioned that The Press Enterprise gave a lecture on print media at a Murrieta cac event and it was very well received. Hagel said that he went to an event that was strictly about print media and because It was so focused, it helped him a great deal. Paradis offered to send a representative to the next roundtable discussion meeting. Mulhern suggested to schedule a meeting to discuss the parameters. The date of Tuesday, November 1, 2005 @ 8:00am was determined. Mulhern will develop an agenda for that meeting and we need to invite members form the membership's marketing committee as well as all BDR Committee members. We will need to address the 'no lunch available' at the chamber and for the future meetings at the library. Sullivan said that the new format and goals should be presented at the January planning session. November's topic will be Marketing for 2006. Resource L1brarv No Report. Board Uodate - Paradis reoorted . Leadership Academy has 28 participants this year and is another success. . The Southwest Legislative Council will be bringing in the US Chamber of Commerce for the January planning session. . The Temecula Valley Convention & Visitors Bureau is almost complete with the TID. . Autumn Business Showcase Wednesday, October 26th, 2005 from 5:30pm - 8:30pm at Temeku Hills Golf & Country Club. . Networking Breakfast, Wednesday, October 26th, 2005 from 7:30am to 9:30am at Embassy Suites Hotel Temecula Valley Wine Counby. . Roundtable Discussion, Tuesday, November 8th, 2005 from 10am - 12pm at the European Deli-Topic: Marketing for 2006. . Annual Awards Gala, Saturday, February 18th, 2006 at Pechanga Resort & Casino. ' Member Uodates No Report. Adlournment Thank you for attendingl NEXT MEETING: November 16th, 2005 at 8:00am Location: TVCC Conference Room Sponsored by Community Little Book Temecula Valley Chamber of Commerce Membership and Marketing Meeting Minutes Wednesday, October 12, 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 buainess community and simultaneous growth of the Chamber. Serve all goodwill reprstlentatlves and strive to enhance the value of , membershIp encouraging ongoing dialogue betwesn membel'll. Committee Chair: Timmy Danlelll Co..chair: Judy Zulflqar Board L1alllonll: Melody Brunsting & Bill Seltzer Committee Present: Judy Remsen, Jimn Gentry, Jack Harlan, Dan Brunell, Bill Seltzer, LaVonna lacy,Robert landsman, RJ Hagel, Judy Zulfiqar, Dave Bush Steve Mortensen, Jack Harlen, Carole Crocker, Timmy Daniels, Melody Brunsting Board L1alsonll Present: Bill Seltzer Staff Present: Kimberly Freize-Uhler & Susan Parris Mlnute8 Committee chair Timmy Daniels called the meeling 10 order a18:07 a.m. The minutes of the , previous meeting were reviewed and motioned for approval by Carole Crocker and seconded by Dan Brunell, which carried. Member TrackinG SYStem By Timmy Daniels Committee has been gathering infonnation, discussed the importance of tracking members, how much they are attending event and using their membership benefits. Networkina Breakfast By LaVonna Lacy Discussed how breakfast got off track somewhat with letting people talk, advised need to keep infonnation short. Breakfasts overall have been going well. Talked about future sponsors and the need for more sponsors. Discussed better way to promote sponsors at breakfast. Marketina Carole Crocker - sub Committee Chair. Invited everyone to membership drive meeting to be held after business devolpment resources meeting, to possible revamp program. Advised the need to discussed prizes and ideas for members that recruite new members during membership drive. Discussed the only way this committee can be effective is to have participation from all committees in the Chamber and more involvement Cora said we should talk to Alice about having a representative from each committee. As a follow-up to this meeting, Cora and Carole had a meeting with Alice. She agreed thet additional input was essential and thought it would be better to have staff involved in the committee, rather than asking the committees to send a representative, She will discuss this with them. ' MembershiD Drive Carole Crocker - sub Committee Chair Discussed the 90 days drive seems too long, and it should be simply for the month of October. We need to develop a better "marketing" of the drive to the membership, and we will work with the Marketing Committee to get something started in September for the October drive. Discussed the prizes and the fact that the Chamber is always asking for prizes. In lieu of soliciting additional prizes from the membership, we could have a one- page insert into the Temecula Today newsletter advertising the businesses that brought in one or more members during the drive. . . business always like advertising' There could be different levels of advertising, based upon the number of new members brought in. , This will have to be discussed with Alice, and, if she approves, we will discuss the advertisinglnew member criteria. NOTE: This was discussed with Alice, and she approved. Follow UD call (Retentionl Dan Brunell - sub Committee Chair NO REPORT NetworkinG Breakfast David Bush - sub Committee chair Another fantastic Networking Breakfast courtesy of Cora ''The Avenger" Saxarra and Shirley "a.k.a. Shirl" Eilekl Thanks to Prestos we were able to give away a $25 gift certificate to the person who collected the most business cards and to the loser of the 50/50 drawing (another great idea from the Bushman!). The following are a few recommendations to improve the meeting: 1) Have a complete agenda prior to the meeting (need to move Business Spotlight Sponsor Introductions to before individual intros, add a Give-A-Way sponsor recognition and promo (i.e. Prestos) and add Board Member Recognition) 2) Have a member's table set up for flyers, non-profit info, etc. 3) Take picture of person who collected the most business cards at the end of each meeting and put their picture in the Chamber Newsletter for a promotion 4) Start meeting at 7:45am 5) Need more Business Spotlight Sponsors fY'Je only had 1 business spotlight sponsor show up this month?) 6) Add something fun to the introductions such as "Tell something about you that nobody here knows about you" to encourage networking among non-related business professionals (provide a common ground for them to communicate during networking time). Networking Breakfast Business Spotlight for the month of June is: ArI Nadelman of Speedband, Inc. TYee Mixer: Bob Bryanl- Sub Committee Chair Attendance, music and food were good. Due to the change of the mixer host for the month of June, the original policy and procedures were not followed. Chamber was unable to charge non-member cost as a request from the mixer host due to it being more of an Open House. The host sent personnel invitations to their clients and wanted them to feel welcomed. There was no cost for the wine. We are discussing ways of preventing this in the future. ZulflQar suggested a time limit when mentoring new members and visitors attending the mixer "introduce them to someone and quickly return to the , ~istration". Over 300 members and visitors attended the June mixer hosted by 1 Centennial Bank. The next mixer will be Wednesday, Jury 20th hosted by California Grill and co-hosted by Quality Nissan, Mission Oaks National Bank and 94.5 KMYT 4th of Julv Timmy Daniels - sub Committee chair ' Everything is in place and set for the 4th of July Extravaganza. last Day to turn in give-away will be Monday, June 2-rh. Committee will be loading the van Friday, July 181 at 3:00 p.m. Nuri from Trinity Events and Terry Kosycarz will bring pop-up tent Friday, July 1st. The Chamber Information booth was a huge success. As Daniels announced and encouraged every one to visit the Chamber booth many people stop by; as well as some from out of state currently visiting Temecula. Give away from participating members went like hot cakes. Chamber infonnation, City infonnation as well as the Tourism infonnation were all given to anyone visiting' the booth. Daniels thanks all the businesses that donated for the grand basket give-a-way. Unfortunately the winner was not available. Staff will follow up. Staff also would like to encourage for the volunteer to call if they are not able to participate so that another arrangement can be done ahead of time. Otherwise everything went well. A huge "thank you' to Kirby Bown, Carole Crocker, , Teresa Kosycarz, Judy Zulfiqar, Jack Harlan, laVonna lacy and Bob Bryant. Ambassadors Judy Zulfiqar - sub Committee Chair Next quarterly ambassadors meeting is schedule for Tuesday, July 19th 8:00 a.m. chamber office. Ambassador Training will be Tuesday, August 16th 8:00 a.m. chamber office. Generation Y Solange Sheppy - sub Committee Chair NO REPORT Membership WorkshoD Ann PrestonlBiII Seltzer - sub Committee Chairs The feedback I received from those attending the July Workshop was very favorable. I believe Ann and I work well together, and, although we have different styles, we operate as a team. I would like to see us make the group a little more Interactive; that is encourage more participation with questions, or situational role playing. I strongly believe that we need to change the name Membership Workshop to something like "Power Networking", or "Effective Networking", "Skillful Networking". I believe this will better describe our purpose and attract , more people. Meeting adjoumed: Southwest California legislative Council A Joint Committee of Temecul., Murrieta, and Lake Elsinore Chambers of Commerce Meeting Minutes Monday, October 17, 2005 Committee Chair: Temec:ula Valley Chamber of Commerce Gene Wunderlich (Present) Chamber Advocacy: Shaun Lumachl (Present) Directors Present: Dr. Billie Blair, Glen Daigle, Dennis Frank, Tom Kenney, Tim Kuzelka, Isaac Lizarraga, Greg Morrison, Karen Wikert, Joan Sparkman, Craig Schleuniger Directors Absent: Scott Crane, Carl Johnson, Paul O'Neal, Amber Wiens, Roger Ziemer Staff Absent: Kim Cousins - Lake Elsinore Members Present: Joseph Tumer, Ashley Jones, Karie Strawn, Debra Reed Staff: Rex Oliver - Murrieta; Alice Sullivan and Laura Tumbow - Temecula I. Meeting was called to order by Wunderlich at 12:05pm II. Self Introductions III. AIloroval of 09/1812005 Minutes A motion was made to approve the September 18, 2005 meeting minutes as written. The motion was seconded, and carried. IV. 2005 Vote Record a. Lumachi recapped the SWC Legislative Council's voting record for 2005. Positions on approximately 35 individual bills were sent to legislators. Our voting record will be published on the website and in all chamber newsletters. Our local legislators voted in agreement with our position 90% of the time. We will also publicize the individual voting records of our local legislators. Lumachi stated that his goal is to have the vote record published in at least one news outlet. Morrison suggested that we may want to contact the media regarding publicizing our positions on the propositions, as the vote is just 3 weeks away. Sparkman, Daigle, Morrison, Wunderlich and Wikert will sign opinion/editorials. Lumachi will draft letters and members can then edit and sign. Tumer suggested contacting KZSW regarding publicity on these issues. Sullivan stated that KZSW has requested an interview with two representatives of the council. Sullivan will contad KZSW regarding the anticipated airdate to determine the topic we will discuss. Wunderlich and Sparkman will participate in the interview. Sullivan also stated that Chris Bagley with The Califomian would do a follow-up story on the SWCLC. V. LeaisJative Summit Overview a. Wikert offered her congratulations regarding the event. She felt it flowed very well. Wunderlich forwarded input that some felt there was too much emphasis on education Issues. Morrison stated that the committee is discussing ways to round out the panel and make it more solution oriented. September 14, 2006 has been selected as the date for the next Legislative Summit event. Lumachi suggested inviting panelists to address current issues as a way to leverage attendance. Sulliliannotecl that the Pechanga Development I Corporation has requested to address the SWCLC at the November meeting regarding gaming issues. VI. SWCLC Strateaic Plannina Session a. A planning session has been scheduled for December 9th. Dave Kilby, Senior Vice President of the Califomia Chamber of Commerce will facilitate the session. Sullivan announced that South Coast Winery could accommodate the session for a cost of $25 person. If divided amongst the three chambers, the cost per chamber would be approximately $250.00. Oliver agreed to share in the price of the food. The SWCLC agreed to move fOlWard with confirming South Coast Winery as the location. VII. Traffic Imcrovements to the 91 Freewav a. Sparkman reported that the OCTC is now considering a tunnel as a viable route west. The Sierra Club has presented a package in opposition of this route. Sparkman will provide a copy of this opposition paper, , VIII. Leaislative Reoorts a. Senator Dennis Hollingsworth - strawn reported that a meeting was held to discuss the CEQA bill. It seems possible that the bill will need to be reworded to narrow the focus to , include only local projects and not statewide. Strawn will clarify the specific areas this bill will impact. She will also inform the SWCLC as to what they can do to assist with this effort. Strawn stated that she would inquire with Senator Hollingsworth as to the possibility , of providing a press release comparing his voting record with the SWCLC's record. A community wide Kid Safe Workshop has been scheduled for November 17th. Strawn will update the council on location details. b. Assemblyman Ray Haynes - Turner announced that DHL held a dedication for their new facility, which is located in the 1215 corridor. It is anticipated that this facility will bring a significant amount of ancillary businesses to this area. Turner also reported that workshop will be held regarding the increase in Transportation Uniform Mitigation Fee (TUMF). Turner stated that Supervisor Buster has suggested increasing sales tax to assist with the costs relating to grade separation improvements, IX. Chamber Reoorts a. Temecula- Sullivan congratulated Joan Sparkman on her recent Outstanding Educational Leader of the Year award. Sparkman announced that she would be moderating an Education Summit this Thursday at the Lake Elsinore Storm. She invited those Interested In addressing the local educators to attend. b. Murrieta - Oliver announced that they are in the final stages of drafting their membership directory. X. Member Recorts a. South Coat Air Quality - Reed announced that SCAQMD will be holding a Ride & Drive for local Legislators and Assemblyman Benoit will be participating on November 2nd. This offers them an opportunity to experience what clean vehicles are available for purchase. They are also coordinating a .Color My World with Healthy AIr" coloring book contest. Reed provided information regarding monies that are available to fund projects and/or programs that help improve air quality. Sparkman suggested distributing the coloring books to the Boys & Girls Clubs. 2 XI. Southwest California Leaislative Council Uodate a. Lumachi will be contacting committee members regarding offering their input as to the 2006 SWCLC priorities. XII. Meeting adjourned. The next meeting is scheduled for Monday, November 21, 2005. 3 Temeeula VaDey Chamber of Commeree Special Events Committee Meeting Minutes September 20, 2005 Chairperson; Board Liaisons: KeDy Daniels and Bette Endresen Co-Chair: Members Present: Christina Nichols, Brian Throsb, Jacob Tomseth Board Present: Kelly Daniels Staff Present: Melissa Hayer, Alice Sullivan and Jennifer Malek Approval of Minutes The approval of minutes was tabled until the next meeting. Monte Carlo Extraval!anza Net income for the event was $11,212.81 which. is $900 over budget. Thank you to our main sponsors, Harrah's Rincon Casino and Chemicon International. The event seemed to flow well. Thank you to Annette Nielsen for donating the decorations. Southwest California Leeislative Summit The Legislative Summit went well with approximately 230 guests in attendance. Estimated net income is $5,549.58 which is $2,300 under budget. Higher expenses on Audio Visual and lower attendance were the reason for the shortfall. Possible change in location has been suggested for next year's event. Business Expo The 14th Annual Autumn Fest Business Expo will take place Wednesday, October 26,2005 at Temeku Hills Golf & Country Club from 5:30 pm - 8;30 pm. Community Little Book is the events Title Sponsor and Pechanga Resort & Casino is the events Affiliate Sponsor. Booths are still available, 54 booths have been sold to date. The facility can hold 86 booths. The cost for a booth is $250 for Chamber members. The event is free to the public to attend. Staff will email out the times volunteers are needed. 40dJ Annual Awards Gala This year's Gala is scheduled for Saturday, February 18,2006 at Pech.anga Resort & Casino. The committee just met this morning. More committee members are needed. This is the premier event of the year. The event recognizes 4 levels of business of the year, service/charitable organization of the year and citizen of the year. The next committee meeting will take place on Tuesday, November IS, 2005 at 10:00 am. 16dJ Annual Chamber Golf Classie The committee has begun to meet to plan the 2006 event. The 15th Annual Tournament will take place on Friday, May 5th at Temecula Creek Inn. Bill Seltzer and Tomi Arbogast are the events Chair and Co-Chair. The next meeting has not been scheduled. ' 2006 Economic Outlook Conference The committee has been'meeting and working on the 2006 event. 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November 11, 2005 Jim O'Grady City ofTemecu1a PO Box 9033 Temecula, CA 92589-9033 RE: EDC Activity Summary - October 2005 Business and Workforce Develooment Staff responded to, the following 5 business and workforce development requests in October 2005: Date Lead Source Request Action Taken 10/3/05 Web Client requested site selection Provided referrals to EDC commercial brokers and assistance for a new business. directed client to SW CA Site Finder and EDC websites. 10/11105 Email Client requested assistance on Provided general information and referred client to processes to hold board elections California COlJloration Code website for more specific for nonprofit cOfDoralion. reauiremen18 and infonnation. 10/11/05 Phone Client requested assistance with Referred client to the Riverside County Workforce finding a job. Development Annex in TemeeuIa, the RivCo Jobs websile and the Economic Alliance iob seeker websile. 10/19/05 In-Person Client reqnesled infonnation on Met client at an economic development summit it the Temecula Higher-Ed Center. Calexico, He is Dean of the Campus, SDSU - Imperial VaUey Campus. He is seeking to build a joint-use campus similar to THEC. Referred client to Jim O'Grady and Dennis Frank. 10131/05 Phone Client requested clarification on Provided client with dale that TUMF for Class A will the when TUMF fees for increase. Provided contact info to individual Southwest professional offices would be California cities and county for further assistance. implemented, ,Communitv Outreach Staff and/or EDC directors attended the following meetings/events to promote or support economic development/community outreach: . Temecula Partners in Education Meeting (10/3) - Staffis 2005-2006 Committee Chair . Murrieta- Temecula Group Meeting (1017) . Calexico Economic Development SWOT Workshop (10/13) . Susan G. Komen Race for the Cure (10/14,15 & 16)- Staffwas 2005 Merchandise Chair . EDC Workshop "Franchising 101" (10/20) . EDe IS-Year Anniversary Luncheon (10/28) Jim O'Grady City of Temecula EDC Activity Summary - October 2005 Page 2 of2 Business Retention '. Business Relations Committee Meeting (I 0/6) - Minutes are attached. AdministrationlOnzanization · EDC Industrial Committee Meeting (10/11) - Minutes are attached. · EDC Transportation & Infrastructure Committee Meeting ,- (10/13) Meeting cancelled, · EDC Education Committee Meeting (10/14) - Meeting cancelled. · EDCBoard of Directors Meeting (10/20) - Minutes are attached. . EDC Permit & Planning Meeting (10/24) - Meeting cancelled. · Administration - Staff managed the daily operations of the EDC office; hired an administrative assistant, managed website development; finalized new corporate identity project, coordinated the EDC IS-year anniversary lunch; coordinated a free franchising workshop; and emailed the following business development/community announcements: ~ Franchising 101 Workshop ~ Lake Elsinore Valley Chamber of Commerce 2nd Annual Education Summit & Luncheon. ,~ Southern California Gas Expands Bill-Assistance Funding '~ EDC 15- Year Anniversary Lunch ~ Inland Empire Chapter - APICS Presentation & Dinner ~ Salvation Army Gears Up for Holidays ~ Murrieta's Disaster Preparedness Plan This concludes the activity summary for October 2005. Should you have questions or need further detail, please call me at 951.677.1862. Respectfully, ~~f.~1il , Diane Sessions Executive Director ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, October 20, 2005 - 9:00 a,m. Old Town Temecula Community Theater 42051 Main Street, Temecula, CA 92590 DRAFT BOARD MEMBERS Ken Carlisle, Guidant Corporation Frank Casciari, California Bank & Trust , Scott Crane, Southwest Healthcare System Mike Doblado, The Promenade in Temecula Stevie Field, COWlty Board of Supervisors, 3rd District John Fili, Solid State Stamping, Inc. Dennis Frank, UC Riverside - Temecula Doug McAllister, City of Murrieta Melanie Nieman, Eastern MWlicipal Water District Jim O'Grady, City of Temecula Rex Oliver, Murrieta Chamber of Commerce Joan Sparkman, Temecula Valley Bank Chuck Washington, City of Temecu1a G Youmans, CommWli National Bank DRAFT MEMBERS AND GUESTS Cathy Barrozo, City of Lake Elsinore Dr. Billy Blair, Leading and Learning, Inc. Cheryl Ferru1Ii, CLF Financial Ashley Jones, City of Murrieta Christine Lindley, Keeton Construction Debbie Woolley, First Team #1079 Robotics Club EDC STAFF Diane Harris Diane Sessions CALL TO ORDER . Board President Dennis Frank called the meeting to order at 9: I 0 a.m. He welcomed members and guests and led self introductions. APPROVE AGENDA · Motion made by Gregory Lee, seconded by Joan Sparkman and carried Wlanirnously to approve the agenda as presented. MINUTES . The Board reviewed the minutes of the September 15, 2005 Board of Directors Meeting. Motion made by , 'Joan Sparkman, seconded by Doug McAllister and carried unanimously to approve the minutes of the , September 15,2005 Board of Directors Meeting as presented. FINANCIAL REPORT · September 30, 2005 Financial Report: The Board reviewed the September 30, 2005 Financial Report thai showed total monthly revenues of $16,060, total expenses of $12,818, and total cash-in-bank of $91,864. Motion made by Mike Doblado, seconded by Scott Crane and carried Wlanimously to approve the September 30, 2005 Financial Report as presented. NEW BUSINESS · Discuss Enviroumental Action Against Riverside/Orange County Transportation Corridors: Dennis Frank reported on an environmental action taken against the Riverside/Orange COWltry Transportation Corridors by the Audubon Society, Sierra Club and other concerned environmental lobbyists. The lobbyists filed a 19-page letter objection to the proposed 91 Freeway TunneL A copy of the action would be (orthcoming by the next Board of Directors Meeting. . Economic Development Corporation of Southwest Riverside County Board of Directors Meeting -October 20,2005 Minutes - Page 2 of 4 . Discuss Higher Education Center / Water District Issue: The Temecu1a Higher Education Center building plans would be presented on October 25 with anticipated groundbreaking scheduled for mid- January. Sage College was looking to provide court reporting classes at the Temecula Higher Education Center. Both Sage and La Verne Colleges had expressed an interest in providing a presence at the center. Discussion moved to the Water District issue. Jim O'Grady reported that Rancho Water District had not been able to come to an agreement on moving their water well, which had impeded progress on the Higher Education Center. The City is meeting with RWD representatives to resolve the issue. · First Team #1079 Robotics Club: John Fili introduced Debbie Woolley of First Team #1079 Robotics Club. Ms. Woolley gave a presentation including a brief background on the creation of the Club, and the skills and hidden talents it brought out in students in the fields of mathematics, science and technology. Chaparral High School would host classes, and students from any of the area high schools were invited to join. The competition would begin in January; the cost for the team kit is $6,000 with payment due by December I st. There were some funds already earmarked for the project, but they would need assistance in raising the balance. Students were expected to raise another $3000 through fundraising activities and a summer camp. Motion made by Joan Sparkman, seconded by Mike Doblado and carried unanimously that the EDC help support this project with matching funds coming from donations from EDC member businesses. Ken Carlisle pledged a donation on behalf of Gtiidant Corporation. Diane Sessions reported that Roger Ziemer indicated an interest in making a donation on behalf of Southern California Gas Company, and would follow up with him on that matter. · EDC Business Cards: Diane Sessions reported that her business cards with the new logo were completed by Lenore Johnson for a cost of $100 for 2,500 cards. She proposed that each board member order 250 personalized or generic EDC business cards and asked that those interested in business cards notify her by emaiJ. , CONTINUING BUSINESS · Utilities Updates: Gas - No report. Water - Melanie Nieman reported that growth and development of' Southwest California had not slowed. The utility companies needed to be kept apprised of any plans for development in the area. Electricity - No report. Telecommunications - The new television station KZSW had been experiencing technical difficulties. Out of the four programs taped, only two programs had aired. . EDC Committee Reports: Stan Harter reported that the 2004/2005 committee awards had been presented. Award winners were: Best Site VisitJTour - Alice Sullivan; Best Attendance - Harry Shank, Jim O'Grady & Lisa Marie Ells; Most Visits - Ashley Jones & Harry Shank. OPEN DISCUSSION . EDC Administrative Update: Diane Sessions reported the August 2005 Activity Report had been emailed to the Board. · City/County & Chamber Updates: City of Lake Elsinore - Cathy Barrazo reported there would be built a Boys & Girls Club in a 6,500 square-foot facility at the comer of Lake Street, which should be completed by the fall of 2006. She further reported there would be new city adtninistrative offices in 2006; the John Laing Homes development was moving forward and would include a golf course; and a new community development director was recently hired. Lake Elsinore Valley Chamber of Commerce - Diane Sessions Economic Development Corporation of Southwest Riverside County Board of Directors Meeting -october 20, 2005 Minutes - Page 3 of 4 noted that there had been some confusion with the EDC and Lake Elsinore Chamber's Economic Development Committee. It was recommended that LEVCC more clearly identifY their committee as independent from the EDC. Diane Sessions would contact the LEVCC. City of Murrieta - Doug McAllister reported that red light cameras would be installed at major intersections to stem the epidemic of red light runners in Murrieta; the Murrieta/Temecula Council Subcommittee would meet on Tuesday, October 25th at 4:00 pm and EDC board members were invited to attend; elections would be held for seats on the Murrieta Valley Unified School Board; Friday, October 21't the Murrieta Valley High SchoolNista Murrieta High School football game rivalry would take place at MVHS; and the City of Murrieta would form a task force to address economic development/business attraction information. Discussion was held regarding infrastructure issues at Date Street, and Murrieta Hot Springs interchanges that could prolong completion of improvements. Another topic of concern was the impacls of the proposed granite quarry in Rainbow. Murrieta Chamber of Commerce - Rex Oliver reported that a Candidate's Forum was scheduled , and hosted by the Chamber. He also reported that the Chamber was working with the city on forming an historic downtown association website. City of Temecula - Chuck Washington reported that the Old Town Temecula Theater's grand opening was a huge success. The theatre would present Jekyll & Hyde this week. Dan and Beverly Stevenson would be honored at a banquet at Bailey's followed by a performance of Scrooge on December 8th. The Komen Race for the Cure this past weekend surpassed all previous years' efforts. Jim O'Grady reported on eminent domain issues as they related to redevelopment projects within , city limits. He further reported a 2% excise tax on hotels had been proposed by the City Council Tourism hnprovement District. The tax was supported by Temecula's hotels and Wine Country's bed and breakfast inns and would be used exclusively for tourism efforts. December 13th there would be a public hearing on the issue. An Environmental hnpact Report was completed for the new hosgital on Hwy. 79 South, which would be reviewed by the Temecula Planning Commission on November 16t. Council would consider the ,EIR sometime in November. Mr. O'Grady commented that SDG&E would file an application with the PUC in December as it related to electrical transmission distributive deliverable process. The Board discussed the SDG&E Valley Rainbow Project regarding additional transmission lines running from Ramona easterly to the hnperial Valley to connect to the Romoland plant It was suggested that this be an open public process , so that TemeculalMurrieta interests would be monitored. Lastly, Mr. O'Gmdy reported there were plans to expand the police department at the mall. Temecula Valley Chamber of Commerce - No report. Riverside County -Stevie Field reported on a fast track effort toward a commercial project on Newport Road. She attended and met with site selectors at AIMC and she would attend CORONET this week in Las Vegas. She further reported the California Department of Forestry released a draft report concluding that March Air Reserve is the best place fur CDF to reside. There was discussion concerning creating a fire department, as contracts would be due to be renewed. Jackie Cochran's Air Show would be coming up on the 41h and 5th of November; there would be wine, entertainment and plane rides. County Supervisor Jeff Stone would host the grand opening of La Ladera Park in Menifee on November 19th with a Concert in the Park scheduled for November 19th from 2:00 pm - 500 pm; there would be a philhannonic orchestra performing. Economic Alliance - No report. · 'Other Announcements - Diane Sessions reported the EDC would celebmte its 15-year anniversllI)' and that a special anniversllI)' hinchoon would be held Friday, October 28 at Pechanga Resort & Casino. , Economic Development COl]loration of Southwest Riverside County , Board of Directors Meeting -October 20, 2005 Minutes - Page 4 of 4 At 10:15 a.m., the Board adjourned into a closed Executive Session Meeting to discuss a legal matter. At 10:20 a,m., the Board reconvened into the General Board of Directors Meeting. ADJOURNMENT '. Dennis Frank thanked Board Member Jim O'Grady for hosting the board meeting. At 10:25 a.m., motion was made by Joan Sparkman, seconded by Ken Carlisle and carried unanimously to adjourn the board meeting. A tour of the theater was provided to the board members after the adjournment. Respectively submitted by: Diane Harris Recording Secretary Scott Crane Board Secretary ECONO~CDEVELOPMENTCORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE MEETING Thursday, October 6, 2005 - 9:00 a.m. Bianchi International/Gregory Mountain Products 27969 Jefferson Ave,. Temecula, CA 92590 Committee Members Present: Dr. Billie Blair, Leading and Learning, Inc. Kim Joseph Cousins, Lake Elsinore Valley Chamber of Commerce Lisa Marie Ells, Cutting Edge Staffing Ashley Jones, City of Murrieta , , ,Gregory Lee, Southwest California Economic Alliance Jim O'Grady, City ofTemecula Diane Sessions, BDG Harry Shank, Southwest Community Bank Gloria W olnick, City ofTemecula Guests: Paul Anderson, Strategic Catalysts John Willis, Smith Barney Call To Order . Chair Stan Harter called the meeting to order at 9: 10 a.m. He welcomed the Conunittee and thanked , them for attending. Stan Harter thanked the meeting host General Manager Larry Deck of Bianchi International. . Bianchi International Overview: Larry Deck thanked everyone for attending and reported that John , Bianchi started the business in 1958 to produce leather gun holsters for left-handed individuals. He moved to Temecula in 1972 and purchased Gregory Mountain Products in 1984. In 1987 ownership changed over to family members due to John Bianchi's retirement. Then in 2004, the company was acquired by Armor Holdings, Inc., which would exceed $1 billion in sales this year. Mr. Deck reported that Armor Holdings, Inc. specialized in security and protection products such as armored Humvees for the military. Bianchi International locations included Temecula headquarters in 55,000 square-feet with 110 employees; Temecula office annex in 5,000 square-feet with 15 employees; Temecula warehouse in 36,000 square-feet with 15 employees; Calexico in 40,000 square-feet with 180 employees, bringing a combined total of 131,000 square-feet with 320 employees. . Gregory Mountain Products: Gregory Mountain Products began operations in 1984 making expedition backpacking equipment. Mr. Bianchi purchased Gregory Mountain Products to acquire its technology in manufacturing nylon gun holsters. Mr. Deck further reported there were four Gregory Mountain production locations in Asia. Japan was the largest market area and considered by the Japanese as the premier brand of ouldoorlhiking products. The company made both male/female versions of ultra light backpacks. Approval of Minutes: · The Committee reviewed the minutes of the September 1, 2005 Business Relations Committee meeting. FoUow-Up Action Reports . None 'Companv Contact Reports · ' ,Sunset Metal Works - Ashley Jones reported on a visit that she and Lori Moss paid to Kirk and Diane Smith, owners of Sunset Metal Works in Murrieta. ' , EDC Business Relations Committee Meeting Minutes - October 6, 2005 Page 2 of5 , The company manufactures and installs sheet-metal parts for restaurants. In operation for 14 years, the company had been in Southwest California fur three years. The company moved its operations from Los Angeles to be closei: to home. Business disadvantage of this area was the lack oflaborers. The industry as a whole was characterized as growing due to population growth. Primary customers were restaurant developers located in Southern California. Types of materials and supplies used were sheet metals and stainless steel. The company used local vendors/suppliers such as CED, White Cap, and Cameron Welding. Suns,et had not introduced new products in the last three to five years, but anticipated expanding services in the next two years. Primary markets were located regionally with no importJ export business. Operating out of a company-owned 7800-square-foot facility at 100"10 capacity, there were no plans to expand the facility in the foreseeable future. Special equipment or technology used was metal fabricating machinery. The company employed two full-time employees, both living in TemeculalMurrieta. There were plans to increase the number of positions by one or two. The company was experiencing recruitment problems due to low response to recruitment methods used. The company recruited through newspaper ads in The Press-Enterprise and The Californian. Skills required for, positions included machine operators which included on-the-job training. A major obstacle facing the company included trying to draw employees from a small labor pool. EDC assistance requested was for employee referrals. The company would be willing to be a contact for companies relocating to this area. The owners were happy doing business in Southwest California. · Genotek - Ashley Jones reported ona visit thai she and Gregory Lee paid to John Higgs, owner of Genotek in Murrieta. The company manufactures trim edges, transitions, and stair nosings for ceramic tile, carpet and wood flooring installations. In operation for 15 years in Southwest California, there were . three locations located in Murrieta, Dallas, and Los Angeles. The company moved its operations from Temecula in order to expand into a larger facility. The business was characterized as growing due to population growth. Primary customers were tile and carpet distributors located locally, nationally and internationally. Types of materials mid supplies used were metals and plastics. The company did not use local vendors/suppliers. Genotek had introduced new products in the last three to five years, and anticipated rolling out new products/services in the next two years. Primary markets were located locally, regionally, nationally and internationally. The company exported products but did not indicate where it exported to. Operating out of an II,OOO-square-foot facility at 85% capacity, there were plans to expand the facility and workforce in the foreseeable future. The estimaied number of jobs created from the expansion was unknown at this time. Special equipment or technology used was special machinery to create and cut floor transitions and edges. The company ernployed six full-time employees: 5 living in Ternecula/Murrieta and I living in Lake ElsinorelWildomar. There were plans to increase the number of positions by five, including a graphic artist and a sales/marketing team. The company was experiencing recruitment problems due to lack of qualified labor and used newspaper ads and employment agencies to recrnit its workers. Skills required for positions included machine operators and engineering. The company would like to see local training courses in communication skills, and warehouse practices and procedures. Major obstacles/issues facing the company included lack of qualified employees. The company did not require any EDC assistance at this time and was happy doing business in Southwest California. . Nimbus Water Systems - Ashley Jones reported that she and Lori Moss paid a visit with David See, sales director of Nimbus Water Systems in Murrieta. The company manufuctured filtration and reverse osmosis water treatment eqnipment. In operation for one year in Southwest California, the company's 'owner relocated from San Marcos. ' , " EDC Business Relations Committee Meeting Minutes - October 6, 2005 Page 3 of5 The relocation was due to a referral by Waterstone located in both San Marcos and Murrieta. Business , advantages of the area included the increased housing and populations. Businesses disadvantages included the slow rural mail service. The industry as a whole was characterized as growing due to contracts with homebuilders. Primary customers were the homebuildei-s and Starbucks located allover the United States. Primary material/supplies included plastics and metals. The company used local vendors/suppliers such as Waterstone in Murrieta and would like to use'more local businesses. Nimbus had introduced new products/services in the last three to five years and anticipated rolling out additional new products/services in the next two years. The company's primary markets were both national and international, and imported/exported products. The leased facility was operating in 15,000 square-feet at 50% capacity. There were plans to expand the facility in the foreseeable future. Special equipment used was machinery to create plastic molds. The company employed 15 full-time employees: 50% living in Temecu1a/Murrieta and 50% living in San Diego County. The company was planning to increase their employee base in the near future. It was noted the company was experiencing recruitment problems; in particular, the qnality of workers. The company used employment agencies for workforce recruitment. Employees' skills needed included assembly work. Major obstacles facing the business included Workers' Compand marketing to local businesses. The company would be willing to be a contact for companies relocating to the area It was noted the company owner was happy doing business in Southwest California. Additional comments included the company hired high school AP students who were college-bound. · Paulson Manufacturing - Jim O'Grady and Gloria Wolnick reported on a visit with Dolly Carreno, HR 'Manager for Paulsen Manufacturing in Temecula The company manufactured protective gear for firelsafety/military such as shields and goggles. The company had been in operation in Southwest California since 1947. Business advantages of the area were noted as the local workforce. Business disadvantage was the difficulty in attracting and retaining employees for $6.75 per hour. The industry as a whole was characterized as growing. Primary customers were noted as military, police and fire departments, and some industrial. Primary customers were located nationally. Plastics were the primary material used to manufacture the products. The company did not use local vendors or suppliers. New products/services had been introduced in the last three to five years. The company's primary market was national, with some imported/exported products in European markets. There were plans to expand the facility in the foreseeable future. Special machinery was used to make molds for the products. The company employed 80 full-time employees, which varied between 30 and 100 depending on work orders. Most employees lived in Lake ElsinoreIWildomar, Sun City/Menifee, Fallbrook, and Moreno Valley. The reason for the variation in the workforce was due to seasonal changes in NovemberlDecember, which were considered slow months. There were no known recrnitment problems as the company used temporary staffing agencies. Methods used to recruit were employment agencies, intemet, Pennysaver, Monster.com, and referrals. Basic math skills were required of employees. The ,company was currently using ETP funding for training although that required pulling people off the production line, which was a problem. The company could use EDC assistance to secure additional ETP funding for skills training and development. Ms. Wolnick reported the company was interested in using the Economic Alliance web site to post jobs. · Alice Sullivan reported on a tour of Milgard Windows. She further reported that Milgard was looking to hire 60 employees. The Committee discussed the challenges with recruitment that local companies were experiencing. Further dis<mssion was held on the EDC hosting a regional career fair in April 2006. ' EnC Business Relations Committee Meeting Minutes - October 6, 2005 Page 4 of5 Diane Sessions reported she would speak with Claude Reinke at The Californian to inquire his interest , in underwriting the event. Annual Goal Report . Stan Harter announced that visits and phone interviews in the fourth month of the fiscal year were as follows: YTD Goal Actual VISIT PHONE 5 o SURVEYS 60 6 2004-2005 Committee Awards . The Committee reviewed the 2004-2005 Annual Committee Report which included a breakdown of retention visits/calls to Temecula and Murrieta companies, as well as the action/responses report that tracked requests for follow-up information or assistance. The report showed there were 51 visits and phone interviews completed out of an annual goal of 60. This was an 85% success rate. Stan Harter presented certificate awards to Lisa Marie Ells, Jim O'Grady and Harry Shank for "Best Attendance Award", Ashley Jones and Harry Shank for "Most Visits Award", and Alice Sullivan for "Best Site Visit Award". Open Discussion . EDC Board Update - Diane Sessions reported the next EDC Quarterly Lunch would be held on Friday, , October 28 at Pechanga Resort & Casino. The EDC would unveil its new colporate logo and celebrate its 15-year anniversary. . General Announcements - City of Temecula - Jim O'Grady reported the grand opening of the Temecula Community Theater was a success with Melissa Manchester as the headline performer. Mr. O'Grady invited the EDC Board to hold their October board meeting at the theater. An environmental impact report for the proposed hospital on a Highway 79 South would be reviewed by Council in November. Temecula Valley Chamber of Commerce - Alice Sullivan reported the Chamber was , accepting applications for Business of the Year and Citizen of the Year, and a Tourism Council meeting , would be held by the Improvement Assessment District to discuss a 2% assessment added to hotel stays; This assessment would be used towards tourism promotion. City of Murrieta - Ashley Jones reported the new City Hall project was moving forward and would go to bid soon with a construction start date in late January 2006. Murrieta Chamber of Commerce - No report avmlable. City of Lake E/sinore- No report available. Lake Elsinore Valley Chamber of Commerce: - Kim Cousins reported on Dr. John Husing's presentation at the Chamber's annual EDC luncheon, which was well attended. The PowerPoint presentation was available for download on the Chamber's web site. The 2nd Annual Education Summit and Luncheon would be held on October 20 at Diamond Stadium, where students would learn how to be successful in their chosen careers. The Southwest California Legislative Council web site had information on its support of viable transPortation corridors to COllnect Orange County and Riverside County. Mr. Cousins also reported on the recent childcare environmental impact report that was conducted by the County of Riverside. The report showed significant revenues produced from childcare services, but also showed there was a, significant lack of professional childcare services in Riverside County. Southwest California Economic Alliance - No one report. Other Announcements - Joanna Quigley reported that she would try to secure a future Business Relations Committee meeting at Edge Development and at Wells Fargo Bank in their new location in the University of Phoenix building in Murrieta. Diane sessions would try to secure a meeting at KZSW for site visit in December. ' EDC Business Relations Committee Meeting Minutes - October 6, 2005 ' PageS of 5 Adiournment . The meeting adjourned at 10:30 a.m. A tour of Bianchi International was given immedialely folIowing the meeting. ' ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY INDUSTRIAL COMMITTEE MEETING Tuesday, October 11, 2005 - - 8:30 a.m. EDC Meeting Room - French Valley Airport 37552 Winchester Road, Murrieta, CA 92563 Committee Members Present: John Fili, Solid State Stamping Bill Prouty, Global Education Diane Sessions, EDC Ben Schlussel, APICS Call to Order Committee Chair John Fili called the meeting to order at 8:40 a.m. Review Previous Action Items The Committee reviewed the following action items: 1. Diane Sessions to schedule a steering committee meeting to discuss the fUture administration of First Team. Ms. Sessions to contact the EDC Education Committee for its participation. Diane Sessions reported she discussed the possibility of housing the Team #1079 Robotics Club in the Temecula Higher Education Center with Jim O'Grady, City of Temecula. Mr. O'Grady indicated that it was still too early to decide since subleases for the colleges were still in negotiation. - Pending. 2. Diane Sessions to recommend that disciplines in Engineering and Operations Management be considered by the EDC Education Committee for student scholarships, Completed. New Business . Grant Opportunities - The Committee discussed grant opportunities that the EDC could ilse for workforce development in industrial and manufacturing applications. The process to file for a nonprofit 501 (c)(3) foundation was moving forward. Ben Schlussel provided an update on APICS programs and asked that the Committee seek classroom space to hold meetings and workshops. John Fili recommended offering half-day courses to begin with to see the level of interest that workshops genemte. Perhaps starting with a series of classes to garner enrollment. Another suggestion was to set up local member chapter meetings to ,increase visibility of the EDC Industrial Committee and APICS. Discussion was held on available classroom space. Action Item: Diane Sessions to search for local cl(lSsroom space that could be used for , ' APICS classes and workshops, . First Team #1079 - The Committee discussed funding mechanisms to raise money for Team #1079's robotic competition. It was recommended that John Fili invite Bill and Debbie Woolley to the October EDC Board of Directors meeting to make a presentation. Diane Sessions reported there was $594 sitting in an old bank account of the Southwest Riverside Manufacturers' Council. The money could be awarded to the robotics tearn toward competition. Other suggestions " ' were to send a letter to local manufacturers asking for matching funds. EDC Industrial Committee Minutes - October 11, 2005 Page 2 of2 , Action Item:1} John Fiti to arrange for a presentation of Team #1079 atthe October board meeting and recommend a donation of $500 to support the team's upcoming competition. 2} Draft a letter of support and send to local manufacturers to help fUndraise for Team #1079. Route to committee for recommendations. Review New Action Items . The Committee reviewed the new action items as listed in the minutes above.. Adiournment The meeting adjourned at 8:40 a.m. TO: , Robin Zimpfer Assistant County Executive Officer Riverside County EDA Jim O'Grady Assistant City Manager Cny ofTemecula Lori Moss City Manager City of Murrieta Cathy Barrozo GIS Data Analyst City of lake Elsinore Stevie Field legislative Assistant Supervisor Jeff Stone's Office FROM: Gregory L. Lee Manager, Business Development DATE: November 2, 2005 SUBJECT: SOUTHWEST CALIFORNIA OCTOBER MONTHLY MARKETING UPDATE GISIWEBSITE The Alliance webslte had 3,013 visitors in the month of October: This is in comparison to 2,420 visitors during the same period last year, The weosite has had a lotal of 30,140 YfD. This is in comparison to 20,731 during the same period last year. (Please see attached graphs) LEADS Date Company Type of Business Source Action 10/21/05 San Diego Blood Medical Services Temecula Sne Requirement 007-05 (10/27/05) Bank 10/24/05 Coslmex Inc. Fabricated Metals Business Mailed Information Packet (11/02105) Facilities 10/24/05 Bums and Rob Consultants, Business Mailed Information Packet (11/02105) Ente rises Inc; E ineers, R&D ' Facilities IEEP For the month of September, the Inland Empire Economic Partnership (IEEP) sent out one (1) project request. Of the 1 request, Q applied to the Alliance. Date 10/13/05 P eet# 669-05 - Fuel Supply I Distribution Action DNR Notes N1A , .DNR - Did Not Respond MEDIA Date T e Name Notes . Soaring Dimensions' - New artlcles include: Murrieta Downtown. lake Elsinore Growth, Wine Country. Su ervlsor Jeff Stone s I ht "For Business.,.For Family.. .For Life" advertisement "For Business.. ,For Famlly,..For Ufe" advertisement as well as advertorial- 'Plans for Temecula Center Continue to Take Sha Ii' ' October 05 Newspaper San Diego Daily Transcrlpt- REPRINT October 05 Magazine San Diego Business Journal - 25'h Anniversary Edition October 24th Newspaper The Business Press - Southwest California Edition SPEAKING ENGAGEMENTS The Alliance had no speaking engagements in the month of October, SOUTHWEST CALIFORNIA BROKER SURVEY During the month of October, the Alliance coriducted a survey of brokers located in Southwest California, Utilizing SurveyMonkey.com (www.survevrnonkev_com), a free. online surveying tool, the Alliance sent out surveys 10 21 brokers, Out of those 21 brokers, 10 replied (48%), The focus of the survey was to determine the broker's familiarity of the Alliance, as well as gain insight into their needs in terms of economic development. Some of the information gathered included: ~ 100% - At least somewhat familiar with the Alliance ~ 90% - Utilized the Alliance webslte ~ 89% - Utilize the website to IIst/view properties '~ 100% - Would like to hear/see City or County updates at an Alliance broker breakfast ~ 70% - Interested in receiving site leads ~ 70% - Interasted in access to City or County representatives The Alliance will continue to p,eriodically survey the brokers to gauge interest and participation. CORENET GLOBAL LAS VEGAS From October 23-26, the Alliance exhibited at the Corporate Real Estate Network (CoreNet) Global Summtt In Las Vegas. During the conference, the Alliance provided visitors to the booth copies of the 'Soaring Dimensions" newspaper, Alliance DVDs with demographics information, and stickers which said 'Follow Me To Southwest California." These stickers featured the Alliance's logo, booth number, and Southwest Alrllnes,logo. In addition, each sticker had a light behind the Southwest California region on the logo that would glow for over 100 hours when placed on someone. The Alliance was one of six organizations invited to participate in CoreNet's "Bingo Card" giveaway. At the beginning oJ the conference, all attendees were provided with bingo cards with each participating organization's logo on it. In order to qualify for the grand prize drawing. each participant was required to visit each participating organizalion's booth ,and get their respective logo stamPed, Once completed, the bingo cards were returned for the drawing, The Alliance provided a pair of "Green Tickets" that were donated by Southwest Airlines as a part of our partnership. These tickets would allow the bearer to travel anywhere Southwest Airlines serviced. Note: Congratulations to Ted Fredericks of Mohr Partners who was the proud winner of the ticketsl TRADE SHOWS The following conferences have been or are scheduled to be attended by the Alliance: Charleston, SC Toronto, Canada March 19-23 April 17-20 Economic Development Council Philadel hia, PA Chicago, IL Las Vas, NV June 19-22 Sept. 25-28 Oct. 23-26 "Alliance will be exhibiting , -Exhibiting with TeamCA If you need any additional information or have any questions, please contact me at (951) 696.1578. gl attachments for business...for family...for life C: Jerry Craig Sarah Mundy Rob Moranr ~~ ._ It) >0 :a ~ ... .. -c(.a >0.2 = u "'0 c_ '" ~ ~ '" 0 I I '" 8 ~ '" I '" ~ ~ :g ~ a ~ ~ '" ~ ~ :g ~ ~ :g ~ ~ :g I '" 8 ~ '" i '" g ~ :g ~ ~ g ~ 0 0 0 0 ~ 0 0 N 0 ex) lD N ..- ..- ..- ..-