HomeMy WebLinkAbout110607 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
AN ADJOURNED REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
NOVEMBER 6, 2007 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:15 P.M. - Closed Session of the City Council pursuant to Government Code
Section:
1. Conference with City Attorney pursuant to Government Code Section
54956.9(b) with respect to one matter of potential litigation with respect to the
Roripaugh Ranch Community Facilities District No. 03-02 (Roripaugh Ranch),
2006 Special Tax Bonds. With respect to such matter, the City Attorney has
determined that a point has been reached where there is a significant
exposure to litigation involving the City and City related Temecula Public
Financing Authority based on existing facts and circumstances specifically
the written claims of RJ Noble Co. and Riverside Construction Co. and the
termination of various. option agreements by.KB Home Coastal as' ed
in Authority Releases Nos. 15 and 16. With respect t uch ma
Council will als9 mallt pursuant to Governml1r:'1t . ection,'
decide whether toil:Jitiate litigation with res' . . . me matte
Next in Order:
Ordinance: 07-16
Resolution: 07-92
CALL TO ORDER:
Mayor Chuck Washington
Prelude Music:
Justin Markowitz
Invocation:
Pastor Gary Nelson of Calvary Chapel of Temecula
Flag Salute:
Council Member Roberts
1
ROLL CALL:
Comerchero, Edwards, Naggar, Roberts, Washington
PRESENTATIONS/PROCLAMATIONS
International Geoqraphic Infonmation Svstems (GIS) Dav
Eiqhth Annual Communitv Candleliaht Proclamation
Familv Niqht in Temecula 2007-2008 Proclamation
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. ,If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of October 9, 2007.
2
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report as of September 30, 2007
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of September 30, 2007.
5 Authorization to Execute the Supplemental Aqreement for fiscal vear 2007-08 for the use of
Communitv Development Block Grant (CDBG) funds
RECOMMENDATION:
5.1 Authorize the Mayor to execute the Supplemental Agreement for fiscal year 2007-08
for the use of Community Development Block Grant (CDBG) funds.
6 Appropriation of Emerqencv and Disaster Relief Expenditures due to the Southern California
Firestonms
RECOMMENDATION:
6.1 Pursuant to Temecula Municipal Code Section 2.56.090.B., the Council has
reviewed the necessity for continuing the local emergency and determines that it
should continue at least until its next regular City Council Meeting of November 27,
2007;
6.2 Appropriate $90,000 from General Fund Unreserved Fund Balance to cover
anticipated emergency and disaster relief expenditures.
7 Microsoft Software Licenses Annual Renewal
RECOMMENDATION:
7.1 Authorize the annual purchase of Microsoft Client Access Licenses (CAL), Windows
Server 2003, and SOL database 2005 Software from CompuCom Systems, Inc. for
$67,773.65.
3
8 Enqineerinq/Maintenance Facility Computer Equipment Purchase
RECOMMENDATION:
8.1 Authorize the purchase of Hewlett Packard (HP) computer equipment for the total
amount of $11,985.30, which includes shipping and applicable sales tax.
9 First Amendment to the Aqreement for Consultant Services between the City of Temecula
and Environmental Science Associates for the Preparation of a Supplemental
Environmental Impact Report for the Temecula Reaional Hospital Proiect
RECOMMENDATION:
9.1 Approve an amended contract with Environmental Science Associates (ESA) to
prepare a Supplemental Environmental Impact Report (SEIR) for the Temecula
Regional Hospital project in the amount of $24,000.
10 First Amendment to the Aqreement for Consultant Services between the City of Temecula
and Linscoll. Law & Greenspan, enqineers for the Preparation of Traffic Studv Services for
a Supplemental Environmental Impact Report for the Temecula Reqional Hospital Proiect
RECOMMENDATION:
10.1 Approve an amended contract with LinscolI, Law & Greenspan, engineers (LLG) for
the preparation of traffic study services for a Supplemental Environmental Impact
Report for the Temecula Regional Hospital project.
11 Authorize Temporarv Street Closures for Santa's Electric Liqht Parade on November 30.
2007 and deleaate authority to issue Special Events/Street Closures Penmit to the Director
of Public Works
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
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 SANTA'S ELECTRIC LIGHT PARADE ON
NOVEMBER 30, 2007, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
4
12 Parcel Map No. 35039 (located on the north side of Santiaqo Road at the intersection of
Santiaao Road and John Warner Road)
RECOMMENDATION:
12.1 Approve Parcel Map NO.35309 in conformance with the Conditions of Approval;
12.2 Approve the Subdivision Improvement Agreement and accept the Bonds as security
for the agreement;
12.3 Approve the Subdivision Monument Agreement and accept the Bond as security for
the agreement.
13 Parkinq Restriction - Via La Colorado. Via Perales. Corte Oaxaca, and KohinoorWay
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING A TIME LIMITED PARKING RESTRICTION ON VIA LA
COLORADA FROM DEER HOLLOW WAY TO CAMINO SAN DIMAS, VIA
PERALES FROM VIA LA COLORADA TO DEER HOLLOW WAY, CORTE
OAXACA FROM VIA PERALES TO END, AND KOHINOOR WAY FROM PEACH
TREE STREET TO END, BETWEEN THE HOURS OF 9 A.M. AND 12 P.M.,
MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS AS SHOWN ON EXHIBIT A
14 Sixth Amendment for Consultant Services for French Valley Parkwayllnterstate 15
Overcrossinq and Interchanqe Improvements - Proiect No. PW02-11
RECOMMENDATION:
14.1 Approve the Sixth Amendment to the consultant agreement with Moffatt & Nichol
Engineers in an amount not to exceed $110,917.00 for additional services
necessary to complete the Project Report and Environmental Document for the
French Valley Parkway /lnterstate-15 Over-Crossing and Interchange
Improvements - Project No. PW02-11;
14.2 Authorize the Mayor to execute the amendment to the agreement.
15 Second Readinq of Ordinance No. 07-15
RECOMMENDATION:
15.1 Adopt an Ordinance entitled:
5
ORDINANCE NO. 07-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE
TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR
AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING
STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE
REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS,
PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT,
AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL
CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY
LRP2107)
***************..*.*
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE
CITY OF TEMECULA REDEVELOPMENT AGENCY
.***********.******.
6
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 07-01
Resolution: No. CSD 07-13
CALL TO ORDER: President Jeff Comerchero
ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
16 Minutes
RECOMMENDATION:
16.1 Approve the minutes of October 23,2007.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, November 27, 2007, 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.
7
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 07-01
Resolution: No. RDA 07-09
CALL TO ORDER: Chair Person Maryann Edwards
ROLL CALL:
AGENCY MEMBERS: Comerchero, Naggar, Roberts, Washington,
Edwards
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
17 Minutes
RECOMMENDATION:
17.1 Approye the minutes of October 23, 2007.
RDA PUBLIC HEARING
Any person may submit written comments to the Redevelopment Agency before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of the hearing. If you challenge any of the project(s) in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to, the public
hearing
18 Mid-Term Public Hearinq for 2004-2009 Implementation Plan
RECOMMENDATION:
18.1 Receive and file Implementation Plan Status Report;
8
18.2 Take public testimony relative to the implementation of the Redevelopment and
Implementation Plan.
RECONVENE CITY COUNCIL MEETING
JOINT CITY COUNCIUREDEVELOPMENT PUBLIC HEARING
19 Farmers' Market Minor Conditional Use Penmit (Planninq Application No. PA07-0290l and
Approval of Second Amendment to License Aqreement between the Redevelopment
Aqency of the City of Temecula and Fanmers' Market Manaqement. Inc. for use of a
Portion of Aqency Propertv at Sixth and Mercedes Streets for a Farmers' Market
RECOMMENDATION:
19.1 The City Council adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA07-0290, A MINOR
CONDITIONAL USE PERMIT FOR THE OPERATION OF A FARMER'S MARKET
OPEN EACH SATURDAY FROM 7:30 A.M. UNTIL 12:30 P.M., GENERALLY
LOCATED AT THE NORTHWEST CORNER OF SIXTH AND MERCEDES
STREETS TO INCLUDE APN 922-023-021 AND A PORTION OF APN 922-023-
022 AT 28464 OLD TOWN FRONT STREET
19.2 The Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 07-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING THE SECOND AMENDMENT TO THE FARMERS'
MARKET LICENSE AGREEMENT
RECESS CITY COUNCIL MEETING
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
Next regular meeting: Tuesday, November 27, 2007, at 5:30 P.M., for a Closed Session, with
regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
9
RECONVENE TEMECULA CITY COUNCIL
CITY COUNCIL BUSINESS
20 Amendment of the California Fire Code
RECOMMENDATION:
20.1 Set the public hearing for consideration of the Fire Code Ordinance for November
27, 2007 and direct the City Clerk to publish notice as required by law;
20.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE BY
ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE
CODE REGULATION TITLE 24 PART 9 AND THE 2006 INTERNATIONAL FIRE
CODE, ALONG WITH AMENDMENTS TO EACH CODE
21 Adoption of the 2007 California Buildinq Codes
RECOMMENDATION:
21.1 Set the public hearing for consideration of the Building Code Ordinance for
November 27, 2007 and direct the Cify Clerk to publish notice as required by law;
21.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE TO
ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN
AMENDMENTS THERETO: THE 2007 EDITION OF THE CALIFORNIA BUILDING
CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE
2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF
THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE
CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY
CODE
22 Community Services Commission Appointments
RECOMMENDATION:
22.1 Appoint two applicants to serve full three-year terms on the Community Services
Commission through October 10,2010.
10
23 PublicfTraffic Safety Commission Appointments
RECOMMENDATION:
23.1 Appoint two applicants to serve full three-year terms on the PubliclTraffic Safety
Commission through October 10, 2010.
24 Establishment and Appointment of Ad-Hoc Subcommittee-External Communications(at the
request of Council Member Comerchero)
RECOMMENDATION:
24.1 Establish an ad-hoc subcommillee to review and pursue the most effective means
of delivering to Temecula's residents, the most relevant news and programming
through television, radio and any other means available;
24.2 Appoint two (2) Council Members to serve on this ad-hoc subcommittee.
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, November 27, 2007, 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
PROCLAMA TIONS
AND
PRESENTATIONS
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CONSENT CALENDAR
ITEM NO.1
ITEM NO.2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
OCTOBER 9, 2007
The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced
at 7:00 p.m., on Tuesday, October 9, 2007, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula California.
Present:
Council Members:
Comerchero, Edwards, Naggar, Roberts, and
Mayor Washington.
Absent:
Council Members:
None.
PRELUDE MUSIC
The prelude music was provided by Temecula Chorus.
INVOCATION
The invocation was provided by Pastor Leon Franklin of Living Word Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Edwards.
PRESENTA TIONS/PROCLAMA TIONS
National Phvsical Therapv Month
Urging all citizens to join in a national effort to raise health and fitness awareness, Mayor
Washington proclaimed October 2007, to be National Physical Therapy Month.
Week of Praver for Interfaith Understandinq
Relaying that the Temecula Interfaith Council's goal would be to eradicate misunderstandings,
myths, and prejudices about each other's faith and traditions, Mayor Washington proclaimed
October 21, 2007, to be Week of Prayer for Interfaith Understanding.
True North-Citizen Opinion Survev results
By way of PowerPoint Presentation, Mr. Tim Mclarney, representing True North Research,
highlighted on the following statistics:
. Purpose of Study
. Methodology of Study
. Overall Quality of Life
. Overall Satisfaction
. Satisfaction with Services
. Spending Priorities
. Final Thoughts
. Survey of Residents.
R\Minutes\100907
Mayor Washington thanked Mr. Mclarney for his presentation and advised the public that the
statistics will be posted on the City's website for review.
PUBLIC COMMENT
A. Mr. Stephen Eldred, Old Town Merchant, relayed his disappointment with an agreement
between the City of Temecula and the Farmer's Market; advised that the agreement being
proposed by staff was without input of the Old Town merchants; and requested that a bid be
opened to allow other entities to apply to manage the Farmer's Market.
B. Mr. AI Rattan, relayed that the issue of the Farmer's Market would not be whether or not
Temecula residents would desire a Farmer's Market, but rather how the Farmer's Market is
being managed, and that it would be his opinion that the City should allow opportunities for Civic
Groups to bid for the position of managing the Old Town Farmer's Market. Mr. Rattan also
expressed concern with the limited amount of parking spaces in Old Town.
C. Ms. Lorena Spencer, Temecula, Old Town merchant, relayed her dismay with the City's
lack of interest for the Old Town merchants; viewed that the City favors the Farmer's Market
over the Old Town merchants; noted that if a change does not occur with the Farmer's Market,
Old Town will become a ghost town; and stated that the Farmer's Market will turn into a flea
market.
D. Ms. Leah Di Bernardo, Temecula, spoke in favor of the Farmer's Market noting that a
solution to the issue may be to reduce the number of non-food vendors, maintaining a larger
percentage for farmers and local food artisans.
E. Ms. Evelyn Honea, Temecula, commended the City in resolving the issue of vendors
partaking in the Farmer's Market without a permit; and relayed that the Downtown Temecula
Association would support working with the City of Temecula to encourage revitalization of the
Old Town Community.
F. Ms. Yvette Anthony, Temecula, reiterated her concern with the development of her
project and requested a meeting with the Mayor and/or City Council Member.
G. Ms. Melanie Nieman, representing Eastern Municipal Water District, invited the Council
to attend a workshop with regard to water use efficiency to be held on Thursday, October 18,
2007.
H. Mr. Doc Lane, commented on the purpose of a Mitigated Negative Declaration versus an
Environmental Impact Report (EIR) as well referenced City Council minutes of a May 25,2004.
I. Eagle Scout Daniel Runkel, Temecula, explained his project to install benches in front of
the Children's Museum and requested financial assistance from the City.
In response to Daniel's request, Mayor Washington advised him to contact Council Member
Comerchero and/or Edwards.
J. Mr. Steve Phillips, Temecula, provided the Council with photos and described the slope
issues of Pauba Ridge Park.
K. Ms. Karen Linstrum, Temecula, spoke in favor of the Farmer's Market and encouraged
the marketing of the Old Town Farmer's Market on a larger scale.
R\Minutes\1OO907
2
CITY COUNCIL REPORTS
A. Referencing a comment made by a speaker regarding the Farmer's Market agreement,
Council Member Comerchero advised that an agreement has not yet been written; that staff
came forward with a recommendation, but that an agreement has not been approved.
B. Council Member Roberts highlighted on the importance of attending the Eastern
Municipal Water District's Water Use Workshop.
C. Council Member Edwards relayed that the City has been and will continue to be
enthusiastic in promoting Old Town. She also relayed that the City will be working toward
implementing an Ordinance with respect to foreclosures which will be forwarded to the Planning
Commission for review and consideration.
D. Having attended a recent Western Riverside Council of Governments (WRCOG)
meeting, Mayor Washington provided an update and further explained the public hearing
process to the audience.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
3 Citv Treasurer's Report as of Auqust 31. 2007
RECOMMENDATION:
3.1 Approve and file the City Treasurer's Report as of August 31, 2007
4 Southwest California Economic Alliance 2007-08 Operatinq Aqreement
RECOMMENDATION:
4.1 Approve the Southwest California Economic Alliance 2007-08 Operating Agreement
in the amount of $60,000.
R\Minutes\100907
3
5 Authorize Temporarv Partial Street Closures for the "Race for the Cure" Event October 21.
2007. in the Promenade Mall Area (Marqarita Road. Overland Drive. Ynez Road. and
Solana Wav)
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING PARTIAL STREET CLOSURES FOR THE INLAND EMPIRE
"RACE FOR THE CURE" EVENT ON OCTOBER 21,2007, AND AUTHORIZING
THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL
EVENT
(Mayor Washington abstained with regard to Item No.5)
6 Authorization to Solicit and Neqotiate a Proposal from RBF Consultinq to Desiqn the
Interstate-15/Hiqhwav 79 South Ultimate Interchanqe. Project No. PW04-0
RECOMMENDATION:
6.1 Authorize the Department of Public Works to solicit and negotiate a proposal from
RBF Consulting to design the Interstate-15/Highway 79 South Ultimate Interchange,
Project No. PW04-08.
7 Holidav Schedule for Citv Council Meetinqs
RECOMMENDATION:
7.1 Direct the City Clerk to reschedule the regularly scheduled meeting of November
13, 2007 to November 6, 2007, and cancel the regularly scheduled meeting of
December 25, 2007; and to perform the appropriate postings and noticing
requirements of the Government Code.
8 Amendment NO.1 to Verizon Cable Franchise
RECOMMENDATION
8.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO
THE NONEXCLUSIVE CABLE FRANCHISE AGREEMENT BETWEEN THE CITY
AND VERIZON CALIFORNIA INC.
R\Minutes\100907
4
9 Purchase of four Citv Vehicles
RECOMMENDATION:
9.1
Approve the purchase of the following vehicles from Rancho Ford:
Two (2) - 2008, 2WD, 1-Ton Utility Truck
each
One (1) - 2008, 4WD, Yo-Ton F-150 Extended Cab Pickup Truck
One (1) - 2008, 4WD Mid-Size Extended Cab Pickup Truck
$28,626.07
$23,044.62
$21,135.29
9.2 Approve an additional capital asset allocation in the vehicle internal service fund for
$10,000 to complete this vehicle purchase and provide funding for all after market
safety equipment.
10 Amendment to Professional Services Aqreement for Special Tax Administration Services
RECOMMENDATION:
10.1 Approve the Third Amendment with NBS for special tax administration services in
the amount of $9,270 for FY 2007/08 for consultant costs related to the removal
(stripping) of special tax levies from the county roll on all delinquent parcels within
CFD 03-2 Roripaugh Ranch. This is a required process in order to proceed with
foreclosure proceedings.
11 Second Readinq of Ordinance No. 07-12
RECOMMENDATION:
11.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE
ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE
12 Second Readinq of Ordinance No. 07-13
RECOMMENDATION:
12.1 Adopt an Ordinance Entitled:
ORDINANCE NO. 07-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A DEVELOPMENT AGREEMENT BETWEEN TEMECULA
PROPERTIES, LLC, PROFESSIONAL HOSPITAL SUPPLY, INC., AND THE CITY
OF TEMECULA FOR AN APPROXIMATE 84-ACRE SITE GENERALLY
LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD IN THE CITY OF TEMECULA (APN 909-370-018 AND 909-
370-032) PLANNING APPLICATION NO. PA07-0220
R\Minutes\100907
5
Council Member Roberts commented on the importance of Consent Calendar Item No. 6
(Interstate 15/Highway 79 south Ultimate Interchange Project).
MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council
Member Roberts seconded the motion and electronic vote reflected approval with the exception
of Mayor Washington who abstained on Item NO.5.
At 8:07 p.m., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 8:09 p.m., the City Council resumed with regular business.
PUBLIC HEARING
16 Planninq Application PA07-0252. Winchester Hills Development Aqreement Amendment
RECOMMENDATION:
16.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN the CITY OF TEMECULA AND WINCHESTER HILLS I, LLC
16.2 Adopt a Resolution entitled:
RESOLUTION NO. 07 -85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE CREDIT
AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND
JONES/BLUMENTHAL TEMECULA REAL PROPERTY LLC
By way of PowerPoint Presentation, Associate Planner Damko highlighted on the following:
. Project Description
. Background
. Location
. Service Commercial Permitted Uses
. Environmental Determination
. Recommendation.
In response to Council Member Comerchero's query, Associate Planner Damko noted that no
changes to the original proposal have been made and/or are being requested.
At this time, the public hearing was opened.
A. Mr. Stephen Bieri, applicant, noted that he would be in agreement with staff's Conditions
of Approval and advised that a workshop will be conducted to ensure that surrounding residents
have an opportunity to add input and suggestions.
R\Minutes\100907
6
B. Mr. Garth Blumenthal, representing Fletcher Jones, relayed his commitment to the local
community and his willing to work with adjacent communities to address any concerns.
The following individuals spoke in opposition of the proposed project:
. Ms. Mary Crouse, Temecula
. Mr. Steve Crouse, Temecula
. Mr. Steve Acuna, Temecula
. Mr. Mark Coleman, Temecula
. Mr. Jon Roberts, Temecula
. Mr. Keith Williams, Temecula
. Mr. Don Smith, Temecula.
The above-mentioned individuals spoke in opposition of a car dealership for the following
reasons:
. That a car dealership would not be compatible with adjacent communities
. That lighting would cause a disturbance for adjacent residence during evening hours
. That Lennar led homeowners to believe that the site of discussion would be a small
commercial shopping center, not a car dealership
. That Harveston residents would request to keep its community a family community.
Mr. Bieri relayed that the project before the Council at this time would not be for a car dealership
and reiterated that the applicant will be attending the Harveston Homeowners Association
meetings to explain the entire project.
At this time, the public hearing was closed.
Understanding the concerns of the residents, Mayor Pro Tern Naggar relayed that the proposal
before the Council would not be a proposal for a Mercedes Benz dealership, but rather a
Development Agreement.
For the City Council, Director of Public Works Hughes noted that in the future, Ynez Road will
extend to the City of Murrieta and that there will be an off-ramp on Date Street.
Council Member Comerchero explained the Harveston Specific Plan planning process.
City Attorney Thorson noted that the item before the Council would not be whether or not to
approve a dealership but rather whether or not to extend the term of the Development
Agreement and noted that an addendum to the Environmental Impact Report (EIR) was
performed which included the Harveston Specific Plan which addressed air quality, biological
resources, and traffic mitigation measures.
Council Member Roberts relayed that adding a buffering wall to help mitigate noise issues when
a Mercedes Benz dealership is proposed.
Council Member Edwards provided a brief history of the Harveston Development.
At this time, Mayor Washington explained the planning process of development. Mayor
Washington also commended City Manager Nelson for his continued commitment to the City of
Temecula.
R\Minutes\100907
7
At this time, City Manager Nelson introduced and read by title only Ordinance 07-14.
MOTION: Council Member Edwards moved to approve Item No. 16.1. Council Member
Roberts seconded the motion and electronic vote reflected unanimous approval.
MOTION: Council Member Edwards moved to approve Item No. 16.2. Council Member
Roberts seconded the motion and voice vote reflected unanimous approval.
CITY MANAGER REPORT
No report at this time.
CITY ATTORNEY REPORT
With respect to Closed Session, City Attorney Thorson advised that there were three Closed
Session items and that there was no formal action to report but did advise for the record that
with respect to Item 1 and Item 2 (pending litigation) neither Council Member Comerchero nor
Mayor Pro Tern Naggar participated.
ADJOURNMENT
At 9:08 p.m. the City Council meeting was formally adjourned to Tuesday, October 23, 2007, at
5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council
Chambers, 43200 Business Park Drive, Temecula , California.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R\Minutes\100907
8
ITEM NO.3
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
November 6, 2007
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Leah Thomas, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies and
procedures.
ATTACHMENTS:
Resolution
List of Demands
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on
file in the office of the City Clerk, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $2,682,099.99.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 6th day of November, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 6th day of November, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
10/18/2007 TOTAL CHECK RUN: $ 1,658,085.65
10/25/2007 TOTAL CHECK RUN: 534,314.65
10/18/2007 TOTAL PAYROLL RUN: 489,699.69
TOTAL LIST OF DEMANDS FOR 11/06/2007 COUNCIL MEETING: $ 2,682,099.99
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 698,345.77
165 RDA LOWiMOD - 20% SET ASIDE 10,890.49
190 TEMECULA COMMUNITY SERVICES DISTRICT 301,477.53
192 TCSD SERVICE LEVEL "B" STREET LIGHTS 63,679.35
193 TCSD SERVICE LEVEL "C" LANDSCAPE/SLOPE 92,25001
194 TCSD SERVICE LEVEL D 786.14
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 6,369.23
197 TEMECULA LIBRARY FUND 1,761.99
210 CAPITAL IMPROVEMENT PROJECTS FUND 938,015.50
280 REDEVELOPMENT AGENCY - CIP PROJECT 7,469.06
300 INSURANCE FUND 2,471.48
320 INFORMATION SYSTEMS 54,937.62
330 SUPPORT SERVICES 2,631.09
340 FACILITIES 11 ,315.04
$ 2,192,400.30
001 GENERAL F1JND $ 322,505.02
165 RDA LOWiMOD - 20% SET ASIDE 5,16001
190 TEMECULA COMMUNITY SERVICES DISTRICT III ,384.30
192 TCSD SERVICE LEVEL B 118.30
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,498.55
194 TCSD SERVICE LEVEL D 819.87
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 502.11
197 TEMECULA LIBRARY FUND 342.51
280 REDEVELOPMENT AGENCY - CIP PROJECT 2,298.39
300 INSURANCE FUND 1,291.48
320 INFORMATION SYSTEMS 27,537.04
330 SUPPORT SERVICES 4,349.04
340 FACILITIES 7,893.07
489,699.69
TOTAL BY FUND: $ 2,682,099.99
apChkLst Final Check List Page: 1
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
947 10/18/2007 000444 INSTATAX (EDD) State Disability Ins Payment 21,613.90 21,613.90
948 10/18/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 87,117.82 87,117.82
949 10/18/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,824.46 19,824.46
SOLUTION
950 10/18/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 121,277.51 121,277.51
RETIREMENT)
951 10/18/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,390.68 4,390.68
NATIONWIDE RETIREMENT
119241 10/18/2007 004594 2 HOT ACTIVEWEAR Uniforms: Police Traffic Divison 1,003.69 1,003.69
119242 10/18/2007 008252 AGE JAPAN 10130-11/9 Sister City tour guide svcs 20,880.00 20,880.00
119243 10/18/2007 007186 AB MAILING SOLUTIONS mail svcs:cultural arts brochure 198.11 198.11
119244 10/18/2007 011322 AIR CLEANING SYSTEMS INC diesel exhaust removal sys:Stn 73 46,960.45 46,960.45
119245 10/18/2007 003859 ALL ABOUT SELF STORAGE Storage Unit:C351 history museum 2,868.00
storage Unit:C354 history museum 2,280.00 5,148.00
119246 10/18/2007 010841 ALLIS ENGINEERING relocation expense: 41934 Main St#208 6,500.00 6,500.00
119247 10/18/2007 008595 AMERICAN INTL GROUP INC Worker's Comp pmt October 2007 36,615.00 36,615.00
119248 10/18/2007 004446 AMERICAN SOCIETY OF CIVIL 07/08 mb: Type A-MB 54/0 Odviar, A 250.00 250.00
119249 10/18/2007 008279 AMERICOMP IN FOSYSTEMS INC Cam eras: Field Op Center 1,884.55 1,884.55
119250 10/18/2007 011444 AMO, CELSO refund: CRC rental 1120/08 200.00 200.00
119251 10/18/2007 003376 ARTS COUNCIL, THE It's Showtime at the Merc 10/10 103.00 103.00
119252 10/18/2007 002648 AUTO CLUB OF SOUTHERN Membership: 093773232 Cole, Tom 47.00 47.00
CALIF
Page:1
apChkLst Final Check List Page: 2
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119253 10/18/2007 011438 BAKER, BLYTHE EDEN TCSD Instructor Earnings 150.00 150.00
119254 10/18/2007 009597 BALL, DIANE reimb: Franklin Covey 7 Habits trng 10/2 51.60 51.60
119255 10/18/2007 001168 BANK OF AMERICA FY 05/06 cfd 88-12 reimbursement 2,275.26 2,275.26
119256 10/18/2007 003138 CAL MAT PW patch truck materials 405.42 405.42
119257 10/18/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00
119258 10/18/2007 000638 CALIF DEPT OF CONSERVATION 2007 3rd Qtr pmt:strong motion 4,147.68 4,147.68
119259 10/18/2007 000790 CALIF DEPT OF PESTICIDE License renewal: 12956 QAC B 60.00 60.00
119260 10/18/2007 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 40.60 40.60
119261 10/18/2007 000131 CARL WARREN & COMPANY INC Aug-Sept claim adjuster svcs 701.56 701.56
119262 10/18/2007 009640 CERTIFION CORPORATION Sept Database Svcs: Police 150.00 150.00
119263 10/18/2007 009539 CHARLES ABBOTT ASSOCIATES Sept plan ck svcs: Fire Prevention 1,605.50 1,605.50
INC
119264 10/18/2007 005417 CINTAS FIRST AID & SAFETY first aid kit: Field Ops Center 570.48 570.48
119265 10/18/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05
119266 10/18/2007 004414 COMMUNITY WORKS DESIGN Aug landscape plan ck svc:Planning 692.50 692.50
GROUP
119267 10/18/2007 006303 CONDUIT NETWORKS, INC Lenellicensing upgrades:Fld Op Ctr 5,129.56 5,129.56
119268 10/18/2007 010747 CORNERSTONE CHRISTIAN refund:security dep MPSC 5/8/05 150.00 150.00
119269 10/18/2007 001264 COSTCO WHOLESALE misc supplies: Team Pace 186.19
Merc artist receptions supplies 95.91
mtg supplies: Fire Prevention 59.93
Misc supplies: Theater 31.40 373.43
Page2
apChkLst Final Check List Page: 3
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119270 10/18/2007 010650 CRAFTSMEN PLUMBING & HVAC repair pool water heater: crc 1,496.68 1,496.68
INC
119271 10/18/2007 003272 DAISYWHEEL RIBBON plotter paper/supplies: GIS 204.66 204.66
COMPANY INC
119272 10/18/2007 001393 DATA TICKET INC Jul parking citation svcs: Police 4,228.17 4,228.17
119273 10/18/2007 011027 DEL RIO ENTERPRISE INC. demolition: 28690 Mercedes St 20,518.20 20,518.20
119274 10/18/2007 003945 DIAMOND ENVIRONMENTAL Oct restroom svc: Long Cyn Park 57.98
SRVCS
Oct restroom svc: Veterans Park 57.98
Oct restroom svc: Vail Ranch 57.98
Oct restroom svc: Riverton Park 57.98
Oct restroom svc: Redhawk Park 57.98 289.90
119275 10/18/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 46.41
INC
Fuel for City vehicles: Police 16.31 62.72
119276 10/18/2007 011202 EM H SPORTS & FITNESS TCSD instructor earnings 210.00 210.00
119277 10/18/2007 004592 ELITE BOBCAT SERVICE INC Aug const:Diaz Rd Realign Phase II 64,291.14 64,291.14
119278 10/18/2007 011292 ENVIRONMENTAL SCIENCE Aug hospital report svcs:Planning 25,957.03
ASSOC.
Jul hospital report svcs:Planning 15,061.18 41,018.21
119279 10/18/2007 001056 EXCEL LANDSCAPE Sept Idscp svc: Sports Park 44,371.22
Sept Idscp svc: Slope Areas 43,066.22
Sept Idscp svc: Slope Areas 29,372.80
Sept Idscp svc: Medians 14,070.19
Sept Idscp svc: city facilities 9,542.19 140,422.62
119280 10/18/2007 003665 EXCEL TELECOMMUNICATIONS Sept long distance phone svcs 53.26 53.26
119281 10/18/2007 009953 FEDERAL CLEANING Oct cleaning svc:Police Mall Storefront 410.00 410.00
CONTRACTORS
119282 10/18/2007 000165 FEDERAL EXPRESS INC 9/12-25 express mail svcs: Citywide 434.62 434.62
119283 10/18/2007 003174 FIREHOUSE MAGAZINE 1 yr subscription Firehouse: Fulcher, 0 29.95 29.95
119284 10/18/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
Page:3
apChkLst Final Check List Page: 4
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119285 10/18/2007 004944 FULLCOURT PRESS stationery supplies w/logo: Finance 175.09 175.09
119286 10/18/2007 007866 G C S SUPPLIES INC printerltoner supplies:Cityvvide 168.50 168.50
119287 10/18/2007 010326 G E 10NICS INC Sept osmosis washer maint: Stn 73 100.33 100.33
119288 10/18/2007 004514 G T S I CORP power adapters: Info Sys 1,161.76
electronics disposal fee: Info Sys 60.00 1,221.76
119289 10/18/2007 011204 GERMAN, JUANITA M. TCSD Instructor Earnings 193.20
TCSD Instructor Earnings 140.00
TCSD Instructor Earnings 96.60
TCSD Instructor Earnings 71.40
TCSD Instructor Earnings 59.50
TCSD Instructor Earnings 54.60
TCSD Instructor Earnings 37.80
TCSD Instructor Earnings 25.20 678.30
119290 10/18/2007 003815 GFB FRIEDRICH & ASSOCIATES Aug pavement rehab:DePortola Rd 2,882.93 2,882.93
INC
119291 10/18/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: MPSC 82.38 82.38
INC
119292 10/18/2007 005947 GOLDEN STATE OVERNIGHT 9/27-28 express mail svc:Fire Prev 15.38 15.38
119293 10/18/2007 000175 GOVERNMENT FINANCE 7/07-6/08 mb: 300046484 RG 145.00 145.00
OFFICERS
119294 10/18/2007 011445 GRACE PRESBYTERIAN CHURCH refund: security dep RRSP 10/7 150.00 150.00
119295 10/18/2007 003792 GRAINGER Misc supplies/parts: Ch Museum 129.66
credit: returned hand drum pump -128.35 1.31
119296 10/18/2007 004133 H D L SOFTWARE LLC Business license weg fee: Info Sys 3,750.00 3,750.00
119297 10/18/2007 000186 HANKS HARDWARE INC Hardware supplies: Old Town 33.41 33.41
119298 10/18/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 255.00
GROUP INC
pre-employment physicals: HR 60.00
credit: incorrectly billed on invoice -10.00 305.00
Page:4
apChkLst Final Check List Page: 5
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119299 10/18/2007 002126 HILL YARD FLOOR CARE SUPPLY repair/maint gym floor: CRC 3,108.20 3,108.20
119300 10/18/2007 010879 HINMAN & CARMICHAEL LLP Sept ABC License Svc: Theater 340.00 340.00
119301 10/18/2007 010210 HOME DEPOT SUPPLY INC, THE Maintenance supplies: Parks 50.15
credit: returned product -46.31 3.84
119302 10/18/2007 003198 HOME DEPOT, THE hardware supplies: parks 32.29 32.29
119303 10/18/2007 010550 HOME DEPOT, THE hardware supplies: City Hall 7.83 7.83
119304 10/18/2007 001517 HORIZON HEALTH Oct employee assistance pgm:HR 884.40 884.40
119305 10/18/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 13,407.79 13,407.79
303355
119306 10/18/2007 006914 INNOVATIVE DOCUMENT Oct copier maintlusage: Library 596.15 596.15
SOLUTIONS
119307 10/18/2007 003266 IRON MOUNTAIN OFFSITE Sept records storage: IS & CC 435.89 435.89
119308 10/18/2007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11
119309 10/18/2007 008516 JAMIN ENTERTAINMENT inflatable rental:Halloween Carnival 525.00 525.00
119310 10/18/2007 010394 JONES, ERIC reimb:CCAPA 07 Cf San Jose 9130-10/3 88.69 88.69
119311 10/18/2007 004481 KIMLEY HORN & ASSOCIATES Aug design syc:Santiago Basin 7,892.72 7,892.72
INC
119312 10/18/2007 009336 KOPIE SHOP LLC printing svcs: Theater 181.02 181.02
119313 10/18/2007 010592 LAREAU, LAWRENCE reimb:CHP Comm Vehicle Enf 9/23-10/5 883.85 883.85
119314 10/18/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 430.50
TCSD instructor earnings 364.00
TCSD instructor earnings 316.75 1,111.25
119315 10/18/2007 004905 LIEBERT, CASSIDY & WHITMORE training:exec & mid mgmt staff 2,000.00 2,000.00
PageS
apChkLst Final Check List Page: 6
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119316 10/18/2007 003726 LIFE ASSIST INC Medical supplies: Paramedics 1,839.32 1,839.32
119317 10/18/2007 002933 LINSCOTT LAW & GREENSPAN July hospital traffic study:Planning 18,554.48 18,554.48
119318 10/18/2007 003054 LYNDE ORDWAY paper folder maint: Cntrl Svcs 325.00 325.00
119319 10/18/2007 003782 MAIN STREET SIGNS Street signs:pw maint div 549.53
street signs:pw maint div 193.95 743.48
119320 10/18/2007 004141 MAINTEX INC Custodial Supplies: MPSC 693.00
Custodial equip maintlrepair: TCSD 655.16
Custodial Supplies: MPSC 364.32
Custodial Supplies: CRC 258.08 1,970.56
119321 10/18/2007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 266.00
TCSD Instructor Earnings 196.00
TCSD Instructor Earnings 176.75
TCSD Instructor Earnings 138.25
TCSD Instructor Earnings 98.00
TCSD Instructor Earnings 82.25 957.25
119322 10/18/2007 000217 MARGARITA OFFICIALS ASSN Sep Officiating Srvcs:TCSD Sports Prgm 3,780.00 3,780.00
119323 10/18/2007 009541 MEYER AND ASSOCIATES Sep prof srvcs:TCC expansion 25,377.50 25,377.50
119324 10/18/2007 008091 MILLMORE'S WAA CREW City vehicles detailing srvcs:PW Depts 150.00
City vehicles detailing srvcs:PW Depts 100.00
City vehicle detailing srvcs:Planning 20.00 270.00
119325 10/18/2007 001384 MINUTEMAN PRESS city stationery:pw dept 829.18
business cards: L. Watson 116.96 946.14
119326 10/18/2007 005887 MOFFATT & NICHOL ENGINEERS Apr-Jun '07 prof srvcs:F.V.Pkwy 93,345.07
Jul prof srvcs:French Vly Pkwy/I-15 64,099.92 157,444.99
119327 10/18/2007 004586 MOORE FENCE COMPANY Res Imprv Prgm: E. Olsen 5,360.00
credit:amount exceeds agreement -290.00 5,070.00
119328 10/18/2007 008528 NICHOLS, MELBURG & ROSETTO Aug dsgn:old town infrastructure 109,303.05
Jun dsgn:old town infrastructure 78,102.93
Aug dsgn:civic center ph II 75,570.98
credit:pending documentation/Civic Ctr -99.00
credit:pending documentation/Civic Ctr -766.86
credit:pending documentation/Civic Cntr -2,995.71 259,115.39
Page:6
apChkLst Final Check List Page: 7
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119329 10/18/2007 006140 NORTH JEFFERSON BUSINESS Oct-Dec '07 assn dues:F.V.lntchng xx20 469.35
Oct-Dec '07 assn dues:F.V.lntchng xx17 345.45 814.80
119330 10/18/2007 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:police o.t. 64.99
DIV
misc office supplies:Central Srvcs 40.27
credit:office supplies returned/PO mall -8.72 96.54
119331 10/18/2007 006721 OFFICEMAX - A BOISE COMPANY misc. office supplies:finance 170.43 170.43
119332 10/18/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 138.80
City Vehicle Repair/Maint SVcs 59.02
City Vehicle Repair/Maint SVcs 34.27
City Vehicle Repair/Maint SVcs 34.27 266.36
119333 10/18/2007 002297 OVERLAND PACIFIC & CUTLER Aug prof srvcs:Civic Center relocation 448.75 448.75
INC
119334 10/18/2007 009172 P & R FOUNDATION Aloha Concert: The Suriaris 10/10/07 1,568.59 1,568.59
119335 10/18/2007 011439 PELTZER FARMS INC family fun night excursion 10/19/07 1,374.00 1,374.00
119336 10/18/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92
PROGRAM
119337 10/18/2007 008143 PETERS, MATT reimb:'07 CCAPA Cf San Jose 9130-10/3 224.21 224.21
119338 10/18/2007 002498 PETRA GEOTECHNICAL INC Aug geotech srvs: pw tcc expansion 5,879.96 5,879.96
119339 10/18/2007 007484 PHILIPS MEDICAL SYSTEMS INC AED'S: Paramedics 9,922.16 9,922.16
119340 10/18/2007 010958 PIPS TECHNOLOGY INC Automated license plate reader:Police 23,851.13 23,851.13
119341 10/18/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplies & chemicals: aquatics 175.48 175.48
INC
119342 10/18/2007 000253 POSTMASTER Express Mail & Postal Svcs 55.20 55.20
119343 10/18/2007 000254 PRESS ENTERPRISE COMPANY Sep recruitment ads:human resources 3,685.72 3,685.72
INC
119344 10/18/2007 004529 QUAID TEMECULA HARLEY- Sep repair & maint:PoIice motorcycles 2,735.57 2,735.57
DAVIDSON
Page:?
apChkLst Final Check List Page: 8
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119345 10/18/2007 000728 RAMSEY BACKFLOW & replace backflow device: crwn hill s-20 680.00 680.00
PLUMBING
119346 10/18/2007 002072 RANCHO CALIF WATER DIST- install 3 mtr/ldscp street medians:Rdhwk 11,749.00 11,749.00
FEES
119347 10/18/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 26,052.09
Sep 01-05-11037-1 City Hall 617.88
Various PWWater Meters 400.56
Sep 01-06-84353-0 OT Front St 334.69
Sep 01-05-11040-1 Field Oper Cntr 142.25
Sep 01-08-00046-2 Margarita Rd 87.57
Sep 01-08-21186-1 WoIfVly Rd 84.30
Sep 01-08-21187-1 WoIfVly Rd 71.42
Various RDA Water Meters 67.52
Sep 01-06-84650-2 OT Front St 36.06
Sep 01-08-70001-0 Fire Stn 92 14.39 27,908.73
119348 10/18/2007 005062 RAWLINGS, PHIL refund:water filter parts/Stn 92 395.54 395.54
119349 10/18/2007 000271 RBF CONSULTING Aug profslYcs:Winchester Rd pw06-15 22,468.53
Aug profslYcs:Old Town Infrastructure 8,128.79 30,597.32
119350 10/18/2007 004584 REGENCY LIGHTING electrical supplies: MPSC/City Hall 173.37 173.37
119351 10/18/2007 002110 RENTAL SERVICE Equip rental:PW mntc 156.80
CORPORATION
Equip rental:PW mntc 23.38 180.18
119352 10/18/2007 004498 REPUBLIC INTELLIGENT Sep traffic signal maintPW 10,528.05 10,528.05
119353 10/18/2007 002412 RICHARDS WATSON & GERSHON Aug 2007 legal services 157,771.27 157,771.27
119354 10/18/2007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: Loretta Worthey 11.00 11.00
RECORDER
119355 10/18/2007 000406 RIVERSIDE CO SHERIFFS DEPT Traf.Collision Invst 7/23-27 Braggs/Abbe 302.00 302.00
119356 10/18/2007 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 336.00 336.00
Page:8
apChkLst Final Check List Page: 9
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119357 10/18/2007 000459 RUFF N TUMBLE INC TCSD Instructor Earnings 296.80
TCSD Instructor Earnings 245.70
TCSD Instructor Earnings 245.70
TCSD Instructor Earnings 222.60
TCSD Instructor Earnings 205.80
TCSD Instructor Earnings 205.80
TCSD Instructor Earnings 159.60
TCSD Instructor Earnings 79.80 1,661.80
119358 10/18/2007 000278 SAN DIEGO UNION TRIBUNE Sep recruitment ads:human resources 998.50 998.50
119359 10/18/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50
119360 10/18/2007 011446 SCHAFFER, SHELLEY refund:sec.depositlCRC 10fT/07 150.00 150.00
119361 10/18/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Sup Pmt La File # 2007052618 339.70 339.70
119362 10/18/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Sup Pmt La File # 2007052618 100.00 100.00
119363 10/18/2007 009213 SHERRY BERRY MUSIC Jazz @ the Merc concert 10/4/07 151.20 151.20
119364 10/18/2007 004609 SHREDFORCE INC Aug doc.shred svcs:Police o.t. 32.50
Jul doc.shred svcs:Police o.t. 32.50
Sep doc. shred svcs:Police o.t. 32.50
Sep doc. shred svcs:Police mall 24.00
Aug doc. shred svcs:Police mall 24.00
Jul doc.shred svcs:Police mall 24.00 169.50
119365 10/18/2007 009746 SIGNS BY TOMORROW signs:planning reception area 149.50
banner update:Harvest Carnival event 11.37 160.87
119366 10/18/2007 000645 SMART & FINAL INC hospitality supplies:theater 210.35 210.35
119367 10/18/2007 000537 SO CALIF EDISON Oct 2-01-202-7330 various meters 63,562.50
Oct 2-01-202-7603 various meters 23,392.93
Sep 2-02-351-4946 MPSC 2,437.18
Sep 2-10-331-2153 TCC 2,076.96
Oct 2-26-887-0789 Harveston Lake 1,932.50
Oct 2-25-393-4681 T.E.S. Pool 830.66
Oct 2-28-171-2620 Police Mall Storefront 649.59
Oct 2-28-397-1315 Redhawk Median 15.36 94,897.68
119368 10/18/2007 007341 SOUTH COAST WINERY, INC. '07 Commission Recognition event 10/25 4,118.61 4,118.61
Page:9
apChkLst Final Check List Page: 10
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119369 10/18/2007 000519 SOUTH COUNTY PEST CONTROL pest control services: Is 73 48.00 48.00
INC
119370 10/18/2007 007851 SOUTH COAST HEATING & AIR Maintence Facility - HVAC repair 316.81 316.81
119371 10/18/2007 006145 STENO SOLUTIONS Sep '07 transcription srvcs:Police 1,277.28 1,277.28
TRANSCRIPTION
119372 10/18/2007 011424 STONE CREEK BIBLE CHURCH refund:sec.depositlAmphitheater 10/6 150.00 150.00
119373 10/18/2007 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 235.20
TCSD Instructor Earnings 201.60
TCSD Instructor Earnings 134.40 571.20
119374 10/18/2007 000305 TARGET BANK BUS CARD SRVCS misc supplies:pumpkin carving event 141.95 141.95
119375 10/18/2007 009500 TEMEC ELECTRONICS, INC computer supplieslequip:lnfo SysfTCSD 228.60 228.60
119376 10/18/2007 000515 TEMECULA VALLEY CHAMBER FY 07-08 2nd qtr agreement pmt 37,850.00 37,850.00
OF
119377 10/18/2007 007340 TEMECULA VALLEY FIRE EQUIP. Fire Extinguisher Maint Svc:City 858.50 858.50
CO
119378 10/18/2007 003067 TEMECULA VALLEY R V SERVICE Command post trailer repair/maint:Police 1,491.92 1,491.92
119379 10/18/2007 004274 TEMECULA VALLEY SECURITY locksmith services: west wing 90.78 90.78
CENTR
119380 10/18/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 163.80
TAEKWONDO
TCSD Instructor Earnings 54.60
TCSD Instructor Earnings 54.60 273.00
119381 10/18/2007 003862 THYSSENKRUPP Oct-Dec prev maint:ch/ww/thtr/tvm/crc 2,040.00 2,040.00
ELEVATOR.BRNCH 37
119382 10/18/2007 010276 TIME WARNER CABLE Oct high speed internet City Hall 138.43
Oct high speed internet RR 44.95
Oct high speed internet Fire Stn 92 44.95
Oct high speed internet MPSC 44.95 273.28
119383 10/18/2007 000668 TIMMY D PRODUCTIONS INC OJ srvcs:Middle School Dance 10/12 450.00
OJ and equip:family skate night 8/10 350.00 800.00
Page:10
apChkLst Final Check List Page: 11
10/1812007 2:04:48PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119384 10/18/2007 003031 TRAFFIC CONTROL SERVICE INC Message board/safety devices:PW Trff 23,272.38 23,272.38
119385 10/18/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00
119386 10/18/2007 005805 URISA '08 membership dues:J.DeGange 30567 150.00
'08 membership dues:K.Beal 30573 150.00
'08 membership dues:A.Matthews 150.00 450.00
119387 10/18/2007 004261 VERIZON Oct xxx-5072 general usage 4,770.03
Sep xxx-8900 library 752.25
Sep xxx-7530 library 521.06
Oct xxx-1341 theater 404.65
Sep xxx-5509 general usage 146.51
Sep xxx-1540 old town parking 89.50
Sep xxx-0049 general usage 42.69
Sep xxx-1999 general usage 37.61
Oct xxx-391 0 1 st st irrigation 35.74
Sep xxx-5180 79s irrigation cntr 35.71
Sep xxx-6620 general usage 31.56 6,867.31
119388 10/18/2007 004279 VERIZON CALIFORNIA INC. Sep access-C. Mus.phone line 658.23
Sep access-CRC phone line 356.16 1,014.39
119389 10/18/2007 004848 VERIZON SELECT SERVICES INC Oct long distance phone svcs 1,363.63 1,363.63
119390 10/18/2007 009101 VISION ONE INC Sep Showare ticketing srvcs:theater 1,175.00 1,175.00
119391 10/18/2007 009965 WEST, DALE reimb:'07 CCAPA Cf San Jose 9130-10/3 112.91 112.91
119392 10/18/2007 010430 WRISTBANDS MEDTECH USA INC qty 500 wristbands:Harvest Carnival 35.25 35.25
Grand total for UNION BANK OF CALIFORNIA:
1,658,085.65
Page:11
apChkLst
10/1812007
2:04:48PM
Final Check List
CITY OF TEMECULA
Page: 12
157
checks in this report.
Grand Total All Checks:
1,658,085.65
Page:12
apChkLst Final Check List Page: 1
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
119393 10/23/2007 002185 POSTMASTER Postage:Public Hearing NtcsfTcsd 6,521.60 6,521.60
119394 10/24/2007 007660 SEARS ROEBUCK & CO Refrigerator:City Hall (2nd floor) 1,679.09 1,679.09
119395 10/25/2007 011462 JONES, GRANT refund:sec.depositlrental CRC 10/28 954.00 954.00
119396 10/25/2007 011004 AMERICAN ASPHALT SOUTH INC rei retention:slurry seal/meadowview 102,406.70 102,406.70
119397 10/25/2007 000102 AMERICAN FENCE COMPANY temp fence rent 10/07-10/11:PW 8,035.00 8,035.00
119398 10/25/2007 004240 AMERICAN FORENSIC NURSES November standby Fee: Police 1,000.00
DUI & Drug Screening: Police 360.00
DUI & Drug Screening: Police 37.00 1,397.00
119399 10/25/2007 008279 AMERICOMP IN FOSYSTEMS INC Viewsonic 32" Lcd Tv: Fld Op Ctr 1,599.93
soft printer cases:fire prevention 366.35 1,966.28
119400 10/25/2007 002187 ANIMAL FRIENDS OF THE Sept 07 Animal control services 13,000.00 13,000.00
VALLEYS
119401 10/25/2007 000101 APPLE ON E INC temp help ppe 10/6 Ortiz, Vanessa 426.00 426.00
119402 10/25/2007 003376 ARTS COUNCIL, THE theater settlement It's Showtime 45.00 45.00
119403 10/25/2007 002648 AUTO CLUB OF SOUTHERN New Mb: Clark, M & Cox, K 134.00
CALIF
Membership: 67481325 Smith, Jim 47.00
Membership: 18594333 Hudson, M. 47.00 228.00
119404 10/25/2007 003466 BASKETS & BALLOONS TOO! promotional gift baskets:eco dev 268.98 268.98
119405 10/25/2007 008437 BETZ, MARTIN Refund: Kids Love Soccer 9/15-11/10 89.00 89.00
119406 10/25/2007 004040 BIG FOOT GRAPHICS entertainment:harvest carnival 1 0/26 250.00 250.00
119407 10/25/2007 003455 BROADCAST MUSIC INC music licensing: Old Town 681.00 681.00
119408 10/25/2007 004176 BROADWING Oct 07 Long distance & intemet svcs 750.46 750.46
TELECOMMUNICATIONS
Page:1
apChklst Final Check List Page: 2
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119409 10/25/2007 005889 BROWN, PASCALE Reimb:Eden User Cf:10/14-17:Englewood 340.50 340.50
119410 10/25/2007 006908 C C & COMPANY INC entertaiment:harvest carnival 10/26 350.00
entertainment:pumpkin carving 10/27 100.00 450.00
119411 10/25/2007 003138 CAL MAT PW patch truck materials 659.15
PW patch truck materials 529.79
PW patch truck materials 416.04
PW patch truck materials 292.65
PW patch truck materials 287.93
PW patch truck materials 193.09 2,378.65
119412 10/25/2007 005384 CALIF BAGEL BAKERY & DELI Refreshments:Sister City 10/4 182.10 182.10
119413 10/25/2007 004248 CALIF DEPT OF JUSTICE- Jun fingerprinting svcs: Police 56.00 56.00
ACCTING
119414 10/25/2007 000152 CALIF PARKS & RECREATION CPRS award submittal: Library 45.00 45.00
SOC
119415 10/25/2007 000152 CALIF PARKS & RECREATION CPRS award submittal: Theater 45.00 45.00
SOC
119416 10/25/2007 000152 CALIF PARKS & RECREATION CPRS award submittal: yth Film Festival 45.00 45.00
SOC
119417 10/25/2007 000152 CALIF PARKS & RECREATION CPRS award submittal: PBSP 45.00 45.00
SOC
119418 10/25/2007 000152 CALIF PARKS & RECREATION CPRS award submittal: Web Page 45.00 45.00
SOC
119419 10/25/2007 000152 CALIF PARKS & RECREATION CPRS award submittal:Temecula Presents 45.00 45.00
SOC
119420 10/25/2007 000152 CALIF PARKS & RECREATION CPRS award submittal:leisure Guide 45.00 45.00
SOC
119421 10/25/2007 010434 CATERERS CAFE refreshments:civic ctr mtg 9/19 207.25
refreshments:civic ctr mtg 10/3 195.45
refreshments:frch v1ly pky mtg 10/11 194.48 597.18
119422 10/25/2007 000137 CHEVRON USA INC City vehicles fuel: Police 753.74
City vehicles fuel: CM & Police 410.87 1,164.61
Page2
apChkLst Final Check List Page: 3
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119423 10/25/2007 005417 CINTAS FIRST AID & SAFETY First aid kit srvcsTCSD 614.74
First aid kit srvcs:code enforce 156.30
First Aid Kit for City Van: Info Sys 57.53
credit:svc chg multiple deliveries same -7.99
credit:svc chg multiple deliveries same -7.99 812.59
119424 10/25/2007 011256 CLIFTON, BUDDY G. entertainment:Hot Smr Nights 8/3 300.00 300.00
119425 10/25/2007 006303 CONDUIT NETWORKS, INC New Phone Equip: Field Op Ctr 21,873.16 21,873.16
119426 10/25/2007 001264 COSTCO WHOLESALE refreshments:10/18 Fld Op Ctr 339.98 339.98
119427 10/25/2007 003986 COZAD & FOX INC Sept consult svcs:79S1Pechanga 2,560.00 2,560.00
119428 10/25/2007 002990 DAVID TURCH & ASSOCIATES Aug-Nov federal lobbyist svc:CM 13,400.00 13,400.00
119429 10/25/2007 011457 DENTAL PROS Refund: Library comm. room rental 105.00 105.00
119430 10/25/2007 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 262.50
TCSD instructor earnings 210.00 472.50
119431 10/25/2007 011441 DICKERSON, DEREK Performance 11/2: Theater 2,000.00 2,000.00
119432 10/25/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW Maint 1,736.76
INC
Fuel for City vehicles: TCSD 1,564.32
Fuel for City vehicles: B&S 606.45
Fuel for City vehicles: Code Enf 555.52
Fuel for City vehicles: PW Lnd Dv 542.36
Fuel for City vehicles: PWCIP 176.56
Fuel for City vehicles: PWTraffic 111.40
Fuel for City vehicles: Police 50.96 5,344.33
119433 10/25/2007 000523 EASTERN MUNICIPAL WATER Oct 190304-02 Seraphina Rd 450.18
DIST
Oct 95366-02 Diego Dr Ldscp 137.23 587.41
119434 10/25/2007 005115 ENTERPRISE RENT A CAR INC Vehicle Rental:Day Camp Excursions 287.68
credit: fees rental 0045950 & 6293 -4.24 283.44
119435 10/25/2007 002939 ENVIRONMENTAL SYSTEMS Arclnfo Server Maint: Library 13,251.00 13,251.00
RESEARCH
119436 10/25/2007 004464 EXXONMOBIL CARD SERVICES City vehicles fuel:City Mgrs 71.45 71.45
Page:3
apChkLst Final Check List Page: 4
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119437 10/25/2007 003747 FINE ARTS NETWORK Knight at the Opera: Merc 10/20-21 535.00
Theater settlement:Knight @the Opera 52.00 587.00
119438 10/25/2007 000166 FIRST AMERICAN TITLE Lot book rept: Morelli, Mary 75.00 75.00
COMPANY
119439 10/25/2007 003347 FIRST BANKCARD CENTER
LEAGUE OF CALIF CITIES SN RegistOB City Mgrs Conf 525.00
LEAGUE OF CALIF CITIES SJ Regist:CC Law/Election Cf:12/5-7 425.00
FCC CONFERENCECALLSVC RJ Conference calls svcs:HP/OT/Ann 379.68
NATIONAL ASSN OF INDUSTRIAL AA Regist:S.lnld Emp Cf:RRfTM/GW:9127 300.00
BUDGET RENT-A-CAR TT Car:MISAC Conf:10/7-9:Monterey 295.69
EXPRESS JET AIRLINES INC SJ Air:CC Law/Election Cf:12/5-7 284.60
EXECUTIVE EVENTS TT Regist:MISAC Conf:1017-9:Monterey 275.00
MACARONI GRILL SJ Refreshments:Council Closed Mtg 221.92
APEX PAINTING & MAINTENANCE TT Supplies: desktop rack 188.56
CO
BARNES AND NOBLE STORE TT Reference manuals 137.62
SOUTHWEST AIRLINES TT Airiare:MISAC Conf:1017-9:Monterey 129.40
GOLDEN RESTAURANT TT Refreshments:Library Ops Mtg 109.88
GODADDY.COM INC. TT Domain Name Registration 89.95
PA YPAL RJ LEED study&exam:D.West 50.00
PA YPAL MH LEED study&exam:M.Harold 50.00
AMAZON.COM,INC TT Reference manuals 47.66
HUNGRY HUNTER AA Refreshments:US Export Assist Mtg 47.42
SJ Additional bank charges 39.00
PA YPAL TT Veri sign Payflow Pro Transaction 34.00
MURRIETA, CITY OF CW Regist:State of the City 30.00
SOUTHWEST AIRLINES Aa Flight Chg:Cpuc Hearing:9/11 28.00
GYPSUM ASSOCIATION MH Book:Fire resistance design 18.00
CATERERS CAFE JM Refreshment:Lunch Mtg w/Edwards 15.35
ONTARIO AIRPORT AA Prkg:CPUC hearing:9/11 15.00
OAKLAND INT'L AIRPORT AA Meal:CPUC hearing:9/11 7.61 3,744.34
Page:4
apChkLst Final Check List Page: 5
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119440 10/25/2007 004074 FRANCHISE MGMT SERVICES recreation supplies:teen pgms 78.52
INC
recreation supplies: teen pgms 21.54 100.06
119441 10/25/2007 000795 FRED PRYOR SEMINARS- How to Supervise 12/19 Cbad: JH 99.00 99.00
CAREERTRAC
119442 10/25/2007 009097 FULL COMPASS SYSTEMS Misc Theater Supplies 1,258.95
Misc stage Supplies Theater 437.50
Credit Return Misc Supplies Theater -51.95
Credit Return Misc Supplies Theater -534.81 1,109.69
119443 10/25/2007 007866 G C S SUPPLIES INC printer toner/cartridges: Info Sys 935.00
printer toner/cartridges: Info Sys 198.26 1,133.26
119444 10/25/2007 010326 G E 10NICS INC osmosis washer maint: Stn 73 107.75 107.75
119445 10/25/2007 010028 G M BUSINESS INTERIORS furniture purch/install:field ops ctr 97,687.01
furniture purch/install:field ops ctr 79,386.82 177,073.83
119446 10/25/2007 011376 GENEVA SCIENTIFIC INC large message center:Ch Museum 1,406.00 1,406.00
119447 10/25/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Info Sys 320.01 320.01
INC
119448 10/25/2007 000520 H D L COREN & CONE INC Jul-Sep property tax consulting:finance 5,000.00 5,000.00
119449 10/25/2007 000186 HANKS HARDWARE INC Hardware supplies:City Hall & Fire 192.70 192.70
119450 10/25/2007 001186 IRWIN, JOHN TCSD instructor earnings 84.00 84.00
119451 10/25/2007 001091 KEYSER MARSTON ASSOCIATES Sept real estate svcs: RDA 1,106.66
INC
Sept consulting svcs: RDA 630.00 1,736.66
119452 10/25/2007 006744 LAMAR CORPORATION, THE Oct billboard svcs: RDA 3,380.00 3,380.00
119453 10/25/2007 011456 LEWIS, NANCY Refund: Sr. Excursion-SanDiego 50.00 50.00
119454 10/25/2007 004905 LIEBERT, CASSIDY & WHITMORE Sept HR legal svcs for TE060-#01 1,269.00 1,269.00
119455 10/25/2007 004141 MAINTEX INC custodial supplies:field opers ctr 1,461.56
custodial supplies:field opers ctr 304.71
custodial supplies:field opers ctr 210.44 1,976.71
PageS
apChkLst Final Check List Page: 6
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119456 10/25/2007 011416 MAKONU, INC. refreshments:Field Ops Cntr 10/18 450.00 450.00
119457 10/25/2007 001967 MANPOWER TEMPORARY temp help w/e 09/30 A.Carpenter 655.60 655.60
SERVICES
119458 10/25/2007 004307 MARINE BIOCHEMISTS Oct Water Maint Srvcs:Harv/Duck Pond 4,855.00 4,855.00
119459 10/25/2007 001892 MOBILE MODULAR 9/6-10/5 modular bldg rental:T.C.C. 832.40
repair/replace floor tile:T.C.C. 733.78 1,566.18
119460 10/25/2007 000883 MONTELEONE EXCAVATING excavation:long cyn desilt pond/PW 30,150.00 30,150.00
119461 10/25/2007 002925 NAPA AUTO PARTS misc supplies:pw maint div 18.47
misc supplies:pw maint div 5.65 24.12
119462 10/25/2007 006721 OFFICEMAX - A BOISE COMPANY misc. office supplies:finance 152.57 152.57
119463 10/25/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 270.50
City Vehicle Repair/Maint SVcs 164.77
City Vehicle Repair/Maint SVcs 135.47
City Vehicle Repair/Maint SVcs 116.57
City Vehicle Repair/Maint SVcs 63.05
City Vehicle Repair/Maint SVcs 33.75 784.11
119464 10/25/2007 009694 ONSTAGE MUSICALS Andrew Lloyd Webber prod. 10/14 7,198.97 7,198.97
119465 10/25/2007 001171 ORIENTAL TRADING COMPANY supplies:pumpkin carving eventfTCC 202.85 202.85
INC
119466 10/25/2007 002344 OSVOLD, HEIDA reimb: I.C.C. certification 100.00 100.00
119467 10/25/2007 005656 PAPA pesticide applicator sem:11/8 M.Wiechec 65.00 65.00
119468 10/25/2007 002498 PETRA GEOTECHNICAL INC geotech svcs:rancho cal widening 02-19 770.00 770.00
119469 10/25/2007 000249 PETTY CASH Petty Cash Reimbursement 947.70 947.70
119470 10/25/2007 009425 PRUDENT PUBLISHING recreation supplies:MPSC 56.63 56.63
COMPANY
119471 10/25/2007 005075 PRUDENTIAL OVERALL SUPPLY Sep Uniform/Fir MatfTwI Rentals:Cty Facs 2,870.02
credit:jackets billed twice -650.00 2,220.02
Page:6
apChkLst Final Check List Page: 7
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119472 10/25/2007 011453 RANCHO CUCAMONGA, CITY OF CPRS mtg 11/2 P. Ruse 25.00 25.00
119473 10/25/2007 002654 RANCHO FORD LINCOLN City vehicle maint:code enforce 156.05 156.05
MERCURY
119474 10/25/2007 000907 RANCHO TEMECULA CAR WASH City vehicles detailing srvcs 168.00 168.00
119475 10/25/2007 004498 REPUBLIC INTELLIGENT traffic sgnl maint:PWTraffic 9/29 700.00
traffic sgnl maintPWTraffic 9/29 350.00 1,050.00
119476 10/25/2007 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 822.50 822.50
119477 10/25/2007 010089 SECURITAS SECURITY SRVCS 8/31-9/6 security srvcs:Fire stn 95 1,452.16
USA
9/14-9/20 security srvcs:Fire Stn 95 1,357.96
9/21-9/27 security srvcs:Fire Stn 95 1,357.96
9/7-9/13 security srvcs:Fire stn 95 1,334.43
9/28-10/4 security srvcs:Fire Stn 95 1,263.82 6,766.33
119478 10/25/2007 009213 SHERRY BERRY MUSIC Jazz@theMerc10/11/07 136.50
Jazz @ the Merc 10/18/07 63.00 199.50
119479 10/25/2007 010745 SHERWIN WILLIAMS painting supplies:harveston lake park 71.63
painting supplies:harveston lake park 30.70 102.33
119480 10/25/2007 009746 SIGNS BY TOMORROW remove/replace decalslletters:tcsd 221.98 221.98
119481 10/25/2007 000751 SKILLPATH INC Effective Policy Writing:G.B.lB.Y. 12/4 498.00 498.00
119482 10/25/2007 000645 SMART & FINAL INC recreation supplies:MPSC 163.26
misc. supplies:family fun nite prgm 83.50 246.76
119483 10/25/2007 000537 SO CALIF EDISON Sept 2-00-397-5059 various mtrs 22,414.65
Oct 2-27-560-0625 DeerhollowWay 3,731.04
Oct 2-28-904-7706 Overland Trail 149.66
Oct 2-28-331-4847 Pauba Rd 111.10
Oct 2-21-981-4720 Hwy 79S 64.19 26,470.64
119484 10/25/2007 001212 SO CALIF GAS COMPANY Various City Facilities locations 2,540.77
Oct 055-475-6169-5 PBSP 250.38
Oct 015-575-0195-2 Stn 92 134.91
Oct 095-167-7907-2 Fire Stn 84 124.79 3,050.85
119485 10/25/2007 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:Fire Stn 95 142.00
INC
pest removal srvcs:Fire Stn 12 140.00
pest control srvcs:code enforce 84.00 366.00
Page:?
apChkLst Final Check List Page: 8
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
119486 10/25/2007 007851 SOUTH COAST HEATING & AIR Hvac Maintenance:City Hall 160.78 160.78
119487 10/25/2007 011455 SPECTRUM SURVEYING & ENG refund:o\ffpmt offees/42101 Moraga Rd 250.00 250.00
INC
119488 10/25/2007 011454 STEELE, JENNI refund:Dr. Seuss video 12.98 12.98
119489 10/25/2007 011379 SWEETWATER SOUND INC Sound System:Children's Museum 2,216.00 2,216.00
119490 10/25/2007 000305 TARGET BANK BUS CARD SRVCS recreation supplies: MPSC 173.25
recreation supplies:MPSC 58.52
misc. supplies:family fun nite prgm 19.38 251.15
119491 10/25/2007 010679 TEMECULA AUTO City vehicle repair & maint:Fire Stn 84 544.08
REPAIR/RADIATOR
City Vehicle Repair & Maint:Fire Prev 108.20
City Vehicle Repair & Maint:Fire Prev 69.95
City Vehicle Repair & Maint:Fire Prev 69.95 792.18
119492 10/25/2007 000307 TEMECULA TROPHY COMPANY recognition awards:commissioners 350.19
recognition awards:ee of the qtr 61.63 411.82
119493 10/25/2007 001403 TEMECULA VALLEY SOCCER refund:facility rental/CRC 11/5 91.00 91.00
ASSN
119494 10/25/2007 000919 TEMECULA VALLEY UNIFIED FY 06/07 field renovations 21,714.00
SCHOOL
Jul-Aug '07 City vehicles fuel usage 1,729.09
credit:billing correction -220.D3
credit:lack of documentation -714.00 22,509.06
119495 10/25/2007 008894 TIDWELL, RODNEY ee computer purchase prgm 1,947.49 1,947.49
119496 10/25/2007 010276 TIME WARNER CABLE Oct high speed internet MPSC 94.65 94.65
119497 10/25/2007 007118 US TELEPACIFIC CORPORATION Oct Internet IP Addresses Block 1,566.04 1,566.04
Page:8
apChkLst Final Check List
10/25/2007 3:22:22PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid
119498 10/25/2007 004261 VERIZON Oct xxx-0074 general usage 283.35
Oct xxx-0073 general usage 246.16
Oct xxx-6812 General usage 89.73
Octxxx-1941 PTACDTTACSD 66.14
Oct xxx-3564 alarm 65.36
Oct xxx-0714 PO Mall Alarm 34.81
Oct xxx-7562 irrigation controller 34.80
Oct xxx-4723 Police Storefront 33.73
Oct xxx-3984 M.Naggar 32.69
Oct xxx-5473 Moraga Rd 32.68
Oct xxx-8573 general usage 32.68
Oct xxx-2372 \/\lIt Crk Irrg Cntrl 32.68
Oct xxx-6084 general usage 31.72
119499 10/25/2007 001342 WAXIE SANITARY SUPPLY INC custodial supplies:West Wing 418.86
119500 10/25/2007 003730 WEST COAST ARBORISTS INC 9/16-30/07 tree trimming srvcs:Citywide 342.00
119501 10/25/2007 007223 WESTON, RETA reimb:'07 Eden User Ct, Denver 10/14-17 162.45
119502 10/25/2007 011313 WIELAND ASSOCIATES INC hospital noise study reprt:Planning dept 6,700.95
Page: 9
Grand total for UNION BANK OF CALIFORNIA:
Check Total
1,016.53
418.86
342.00
162.45
6,700.95
534,314.65
Page:9
apChkLst
10/25/2007
3:22:22PM
Final Check List
CITY OF TEMECULA
Page: 10
110
checks in this report.
Grand Total All Checks:
534,314.65
Page:10
ITEM NO.4
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
November 6, 2007
SUBJECT:
City Treasurer's Report as of September 30,2007
PREPARED BY:
Rudy Graciano, Revenue Manager
Shannon Buckley, Accountant
RECOMMENDATION:
2007.
Approve and file the City Treasurer's Report as of September 30,
BACKGROUND: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Adequate funds will be available to meet budgeted and actual expenditures of the City for the next
six months. Current market values are derived from the Local Agency Investment Fund (LAIF)
reports, Union Bank of California trust and custody statements, and from US Bank trust statements.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with the statement of investment policy and
Government Code Sections 53601 and 53635 as of September 30,2007.
FISCAL IMPACT:
None.
ATTACHMENTS:
City Treasurer's Report as of September 30,2007
City of Temecula, California
Portfolio Management
Portfolio Summary
September 30, 2007
City of Temecula
43200 Business Park Drive
P.O.80X9033
Temecula, CA, 92590
(951)694-6430
p., Market Book %01 Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 350 Equiv. 365 Equiv.
Certificat6<3ofDep.asit-Bart 970,451.03 970,451.03 970,451.03 0.51 1,079 m 5.548 5.B25
Managed Pool Accolllts B9,114,033.B8 B9,114,G33.B3 B9,114,033.B8 3B.10 , , 5.124 5.'9B
Letter of Credit TOG TOG 3.00 O.OG , , O.OGG O.OGG
LccalAgencylnv6<3tmeriFunds B9,091,B98.52 B9,120,035.27 B9,091,B98.52 3B.09 , , 5.159 5.231
FederalAgE>llcyCallableSecurities 45,215,000.00 45,242,218.51} 45,213,125.00 23.B2 1,373 m 4.2BD 4.319
FederalAgE>llcyBuletS~llities 2,GGG,GGO.OG 2,014,OBO.00 2,GGG,GGO.OG '.04 no ;" 5.0B1 5.132
Investment Contracts 5,GBB,400.7B 5,GBB.400.7B 5,GBB,4W.7B 2.B5 9,33B 7,28G 4.289 4.349
191,457,674.99 191,527,290.24 191,455,799.99 100.00% 585 367 4.912 4.980
Investments
Cash and Accrued Interest
Passbook/Chockirr;] 1,2G5,GG945 1,2G5,GG945 1,2G5.GG9.45 G.055 G.0B7
(notincludooin'yieldcalculatioos)
Accrued Interest at plfchase 13,384.73 13.35473
Subtotal 1,210,394.10 1,210,394.10
Total Cash and Investments 192,662,684.44 192,745,684.42 192,674,194.17 585 367 4.912 4.980
Total Earnings September 30 Month Ending Fiscal Year To Date
CurrentYear ygi,46i.64 2,630,623.80
Average Daily Balance 193,942,021.78 206,695,453.02
Effective Rate of Return 4.97% 5.05%
Reporting period 0910112007-0913012007
Portfolio TEME
CP
PM(PRF]Ml)SymFep8.41.2D2a
ReportVer.5.DD
RunDate:10'25120D7.11:4-3
City of Temecula, California
Portfolio Management Page 2
Portfolio Details - Investments
September 30, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Certificates of Deposit - Bank
94686006-1 03-4 RESERVE USBANK 08/29/2007 96,467.50 96,467.50 96,467.50 5.080 5.080 5.151 154 03103/2008
95453518-2 88-12 GENIM2 USBANK 06/12/2007 873,983.53 873,983.53 873,983.53 5.600 5.600 5.678 1,066 09/01/2010
---
Subtotal and Average 970,451.03 970,451.03 970,451.03 970,451.03 5.548 5.625 975
Managed Pool Accounts
104348008 01-2 IMP First American Treasury 250,570.52 250,570.52 250,570.52 4.210 4.152 4.210
104348006 01-2 RES A First American Treasury 461,118.09 461,118.09 461,118.09 4.210 4.152 4.210
104348016 01-2 RES B First American Treasury 212,271.91 212,271.91 212,271.91 4.210 4.152 4.210
104348000 01-2 SP TAX First American Treasury 30,297.04 30,297.04 30,297.04 4.210 4.152 4.210
94669911 03-1 ACOA1 First American Treasury 4,163.12 4,163.12 4,163.12 4.210 4.152 4.210
94669921 03-1 ACOB1 First American Treasury 14,725.74 14,725.74 14,725.74 4.210 4.152 4.210
94669902 03-1 BOND First American Treasury 0.34 0.34 0.34 2.940 2.900 2.940
94669906 03-1 RESA1 First American Treasury 07/01/2007 0.00 0.00 0.00 4.740 4.675 4.740
94669916 03-1 RES B First American Treasury 242,813.88 242,813.88 242,813.88 4.210 4.152 4.210
94669000 03-1 SPTAX First American Treasury 146,111.81 146,111.81 146,111.81 4.210 4.152 4.210
793593011 03-2 ACO First American Treasury 89,672.37 89,672.37 89,672.37 4.210 4.152 4.210
793593009 03-2 EMW D First American Treasury 4,121.05 4,121.05 4,121.05 4.210 4.152 4.210
793593007 03-2 IMP First American Treasury 3,353.63 3,353.63 3,353.63 4.210 4.152 4.210
793593010 03-2 PW ADM First American Treasury 1,995.04 1,995.04 1,995.04 4.210 4.152 4.210
793593006 03-2 RES First American Treasury 337.75 337.75 337.75 4.210 4.152 4.210
793593000 03-2 SP TX First American Treasury 1,281.03 1,281.03 1,281.03 4.210 4.152 4.210
744727011 03-3 ACO 1 First American Treasury 8,859.94 8,859.94 8,859.94 4.210 4.152 4.210
744727002 03-3 BON D First American Treasury 0.51 0.51 0.51 3.920 3.866 3.920
744727007 03-3 CITY 1 First American Treasury 108.79 108.79 108.79 4.210 4.152 4.210
744727009 03-3 EMW D 1 First American Treasury 1,281.20 1,281.20 1,281.20 4.210 4.152 4.210
94669000 03-3 SP TAX First American Treasury 62,200.20 62,200.20 62,200.20 4.210 4.152 4.210
94686001 03-4 ADMIN First American Treasury 17,427.46 17,427.46 17,427.46 4.210 4.152 4.210
94686005 03-4 PREPMT First American Treasury 3,967.13 3,967.13 3,967.13 4.210 4.152 4.210
94686000 03-4 REDEMP First American Treasury 7,162.02 7,162.02 7,162.02 4.210 4.152 4.210
94686006 03-4 RES First American Treasury 11,683.14 11,683.14 11,683.14 4.210 4.152 4.210
78776002 03-6 BON D First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740
786776007 03-6 IMP First American Treasury 17.72 17.72 17.72 4.230 4.172 4.230
786776006 03-6 RES First American Treasury 339,112.57 339,112.57 339,112.57 4.210 4.152 4.210
786776000 03-6 SP TAX First American Treasury 605.39 605.39 605.39 4.210 4.152 4.210
95453510 88-12 BOND First American Treasury 42,666.72 42,666.72 42,666.72 4.210 4.152 4.210
95453518 88-12 GEN I First American Treasury 07/01/2007 14,000.45 14,000.45 14,000.45 4.210 4.152 4.210
107886000 RDA 06 A INT First American Treasury 182.59 182.59 182.59 4.210 4.152 4.210
107886010 RDA 06 B INT First American Treasury 1,942.51 1,942.51 1,942.51 4.210 4.152 4.210
Portlolio TEME
CP
Run Date: 10/25/2007-11:48 PM (PRF _PM2) SymRept 6.41.202a
ReportVer.5.00
City of Temecula, California
Portfolio Management Page 3
Portfolio Details - Investments
September 30, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
107886008 RDA 06 CIP A First American Treasury 1,119.80 1,119.80 1,119.80 4.210 4.152 4.210
107886018 RDA 06 CIP B First American Treasury 326.95 326.95 326.95 4.210 4.152 4.210
107886009 RDA 06 COI A First American Treasury 35,801.15 35,801.15 35,801.15 4.210 4.152 4.210
107886019 RDA 06 COI B First American Treasury 6,323.01 6,323.01 6,323.01 4.210 4.152 4.210
107886016 RDA 06 RES B First American Treasury 3,469.25 3,469.25 3,469.25 4.210 4.152 4.210
94434160 RDA TABs INT First American Treasury 709.48 709.48 709.48 4.210 4.152 4.210
94432360 TCSD COPs IN First American Treasury 375,227.67 375,227.67 375,227.67 4.210 4.152 4.210
793593011-1 03-2-1 ACOUI CA Local Agency Investment Fun 07/01/2007 39,834,000.00 39,834,000.00 39,834,000.00 5.231 5.159 5.231
793593009-1 03-2-1 EMW D CA Local Agency Investment Fun 07/01/2007 1,457,000.00 1,457,000.00 1,457,000.00 5.231 5.159 5.231
793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01/2007 1,121,000.00 1,121,000.00 1,121,000.00 5.231 5.159 5.231
793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01/2007 675,000.00 675,000.00 675,000.00 5.231 5.159 5.231
793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01/2007 3,635,000.00 3,635,000.00 3,635,000.00 5.231 5.159 5.231
107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 17,142,914.93 17,142,914.93 17,142,914.93 5.231 5.159 5.231
107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,852,087.76 2,852,087.76 2,852,087.76 5.231 5.159 5.231
107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190
94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190
---
Subtotal and Average 69,598,525.17 69,114,033.68 69,114,033.68 69,114,033.68 5.124 5.196
Letter of Credit
104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2007 1.00 1.00 1.00 0.000 0.000
793593006-2 02006 Citibank, NA 07/01/2007 1.00 1.00 1.00 0.000 0.000
793593006-1 02005 Ohio Savings Bank 07/01/2007 1.00 1.00 1.00 0.000 0.000
---
Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000
Local Agency Investment Funds
94669911-1 03-1 ACO A2 CA Local Agency Investment Fun 1,432,049.68 1,432,049.68 1,432,049.68 5.231 5.159 5.231
94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,612,212.75 3,612,212.75 3,612,212.75 5.231 5.159 5.231
744727011-1 03-3 ACO 2 CA Local Agency Investment Fun 8,724,120.35 8,724,120.35 8,724,120.35 5.231 5.159 5.231
744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 3,012,377.76 3,012,377.76 3,012,377.76 5.231 5.159 5.231
744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 621,427.50 621,427.50 621,427.50 5.231 5.159 5.231
786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 492,362.18 492,362.18 492,362.18 5.231 5.159 5.231
SYSCITY CITY CA Local Agency Investment Fun 24,175,093.48 24,188,473.99 24,175,093.48 5.231 5.159 5.231
SYSRDA RDA CA Local Agency Investment Fun 24,788,020.30 24,801,740.05 24,788,020.30 5.231 5.159 5.231
SYSTCSD TCSD CA Local Agency Investment Fun 2,234,034.52 2,235,271.01 2,234,034.52 5.231 5.159 5.231
---
Subtotal and Average 68,425,031.85 69,091,698.52 69,120,035.27 69,091,698.52 5.159 5.231
Run Date: 10/25/2007-11:48
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management Page 4
Portfolio Details - Investments
September 30, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Passbook/Checking Accounts
74727006 03-3 RESERVE USBANK 08/31/2007 0.00 0.00 0.00 0.000 0.000
---
Subtotal and Average 1,327,877.13 0.00 0.00 0.00 0.000 0.000 0
Federal Agency Callable Securities
31331XBC5 01056 Federal Farm Credit Bank 10/19/2006 2,000,000.00 2,001,260.00 2,000,000.00 5.500 5.425 5.500 1,479 10/19/2011
31331XCZ3 01057 Federal Farm Credit Bank 11/13/2006 1,000,000.00 1,000,940.00 1,000,000.00 5.250 5.178 5.250 774 11/13/2009
31331XMA7 01058 Federal Farm Credit Bank 01/18/2007 2,000,000.00 2,005,620.00 2,000,000.00 5.400 5.326 5.400 1,570 01/18/2012
3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,003,130.00 1,000,000.00 5.000 4.932 5.000 1,824 09/28/2012
3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 3,035,695.50 3,050,000.00 3.100 3.058 3.101 99 01/08/2008
3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,950,175.00 2,965,000.00 3.000 2.960 3.001 9B 01/07/2008
3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,985,930.00 3,000,000.00 3.000 2.960 3.001 BB 12/28/2007
3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 995,310.00 1,000,000.00 3.000 2.960 3.001 BB 12/28/2007
3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 995,000.00 1,000,000.00 3.150 3.108 3.151 105 01/14/2008
3133X5GE2 01019 Federal Home Loan Bank 04115/2004 2,000,000.00 1,989,380.00 2,000,000.00 3.070 3.029 3.071 106 01/15/2008
3133X5K49 01020 Federal Home Loan Bank 04116/2004 1,000,000.00 995,000.00 1,000,000.00 3.125 3.083 3.126 107 01/16/2008
3133X5QF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,988,760.00 2,000,000.00 3.000 2.960 3.001 113 01/22/2008
3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,991,260.00 2,000,000.00 3.520 3.473 3.521 121 01/30/2008
3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,996,250.00 2,998,125.00 4.375 4.347 4.407 B1 12/21/2007
3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,995,620.00 2,000,000.00 4.500 4.438 4.500 179 03/28/2008
3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 998,440.00 1,000,000.00 4.230 4.174 4.232 BB 12/28/2007
3133XKGD1 01063 Federal Home Loan Bank 04/25/2007 200,000.00 200,688.00 200,000.00 5.250 5.177 5.249 92B 04/16/2010
3133XKGD1 01064 Federal Home Loan Bank 04/26/2007 1,000,000.00 1,003,440.00 1,000,000.00 5.250 5.177 5.249 92B 04/16/2010
3133XL4P5 01066 Federal Home Loan Bank 06/04/2007 1,000,000.00 1,004,690.00 1,000,000.00 5.300 5.227 5.300 977 06/04/2010
3133XL6S7 01067 Federal Home Loan Bank 06/06/2007 1,000,000.00 1,008,130.00 1,000,000.00 6.000 5.918 6.000 1,710 06/06/2012
3133XLBS1 01068 Federal Home Loan Bank 07/19/2007 1,000,000.00 1,006,560.00 1,000,000.00 5.500 5.423 5.498 99B 06/25/2010
3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,019,690.00 1,000,000.00 5.650 5.573 5.650 1,764 07/30/2012
3133XLXW8 01071 Federal Home Loan Bank 08/15/2007 1,000,000.00 1,007,810.00 1,000,000.00 5.500 5.425 5.500 1,780 08/15/2012
3133XK2N4 01072 Federal Home Loan Bank 08/24/2007 2,000,000.00 2,020,620.00 2,000,000.00 5.330 5.256 5.329 1,618 03/06/2012
3133XM5R8 01073 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,009,060.00 1,000,000.00 5.080 5.011 5.080 1,425 08/26/2011
3133XM5E7 01074 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,010,310.00 1,000,000.00 5.220 5.135 5.206 1,793 08/28/2012
3133XKHB4 1061 Federal Home Loan Bank 04116/2007 1,000,000.00 1,000,310.00 1,000,000.00 5.250 5.178 5.250 19B 04/16/2008
3133XKH24 1062 Federal Home Loan Bank 04116/2007 1,000,000.00 1,009,380.00 1,000,000.00 5.250 5.178 5.250 1,659 04/16/2012
3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 999,690.00 1,000,000.00 4.375 4.315 4.375 17 10/18/2007
31398ADF6 01070 Federal National Mtg Assn 08/09/2007 1,000,000.00 1,007,190.00 1,000,000.00 5.600 5.521 5.598 1,716 06/12/2012
31398ABC5 1065 Federal National Mtg Assn 05/11/2007 1,000,000.00 1,006,880.00 1,000,000.00 5.300 5.227 5.300 1,680 05/07/2012
---
Subtotal and Average 46,053,791.67 45,215,000.00 45,242,218.50 45,213,125.00 4.260 4.319 692
Run Date: 10/25/2007-11:48
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
September 30, 2007
Page 5
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Federal Agency Bullet Securities
31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,013,750.00 1,000,000.00 5.000 4.933 5.002 96B OS/26/2010
3133XJRX8 01060 Federal Home Loan Bank 01/30/2007 1,000,000.00 1,000,310.00 1,000,000.00 5.250 5.189 5.261 60 11/30/2007
---
Subtotal and Average 2,000,000.00 2,000,000.00 2,014,060.00 2,000,000.00 5.061 5.132 51.
Investment Contracts
94669906-1 03-1 RESA2 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,466 08/31/2033
744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,831 08/31/2034
95453518-1 88-12 GEN 1M IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,623 09/01/2017
95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531 ,468.76 1,531 ,468.76 1,531,468.76 5.430 5.509 5.585 3,623 09/01/2017
---
Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,280
Total and Average 193,942,021.78 191,457,674.99 191,527,290.24 191,455,799.99 4.912 4.980 367
Run Date: 10/25/2007-11:48
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Cash
September 30, 2007
Average Purchase
CUSIP Investment # Issuer Balance Date Par Value Market Value
Retention Escrow Account
SYSBARN HART 1 BARN HART 1 California Bank & Trust 133,973.51 133,973.51
PREMIER BANK PREMIER BANK PREMIER BANK 105.46 105.46
PFF BANK & TRUS PFF BANK PFF BANK & TRUST 369,917.68 369,917.68
Passbook/Checking Accounts
SYSPetty Cash Petty Cash City of Temecula 07/01/2007 2,710.00 2,710.00
SYSFlex Ck Acet Flex Ck Acet Union Bank of California 07/01/2007 22,838.39 22,838.39
SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2007 663,773.41 663,773.41
SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 11,691.00 11,691.00
Average Balance 0.00 Accrued Interest at Purchase 13,384.73
Subtotal 1,218,394.18
Total Cash and Investmentss 193,942,021.78 192,662,684.44 192,745,684.42
Run Date: 10/25/2007-11:48
Page 6
Stated YTM YTM Days to
Book Value Rate 360 365 Maturity
133,973.51 3.000 2.959 3.000
105.46 5.000 4.932 5.000
369,917.68 1.736 1.712 1.736
2,710.00
22,838.39
663,773.41
11,691.00
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
13,384.73
1,218,394.18
192,674,194.17
4.912 4.980
367
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
001
100
101
120
140
150
160
165
170
190
192
193
194
195
196
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210
261
271
272
273
274
275
276
277
280
300
310
320
330
340
380
390
460
470
471
472
473
474
475
476
477
Cash and Investments Report
CITY OF TEMECULA
Through September 2007
GENERAL FUND
STATE GAS TAX FUND
STATE TRANSPORTATION FUND
DEVELOPMENT IMPACT FUND
COMMUNITY DEV BLOCK GRANT
AB 2766 FUND
AB 3229 COPS
RDA DEV LOW/MOD 20% SET ASIDE
MEASURE A FUND
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL "B" STREET LIGHTS
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL "D"
TCSD SERVICE LEVEL "R" STREET/ROAD
TCSD SERVICE LEVEL "L" LAKE PARK MAl NT.
TEMECULA LIBRARY FUND
CAPITAL IMPROVEMENT PROJECT FUND
CFD 88-12ADMIN EXPENSE FUND
CFD 01-2 HARVESTON IMPROVEMENT FUND
CFD 01-2 HARVESTON A&B IMPROVEMENT
CFD 03-1 CROWNE HILL IMPROVEMENT FUND
AD 03-4 JOHN WARNER IMPROVEMENT FUND
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
CFD-RORIPAUGH
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
RDA 2002 TABS DEBT SERVICE
TCSD 2001 COP'S DEBT SERVICE
CFD 88-12 DEBT SERVICE FUND
CFD 01-2 HARVESTON DEBT SERVICE FUND
CFD 98-1 WINCHESTER HILLS DEB SERVICE
CFD 01-2 HARVESTON A&B DEBT SERVICE
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
CFD- RORIPAUGH
Grand Total:
Fund Total
$ 45,513,131.26
0.00
6,824.70
5,220,458.98
0.00
404,917.05
0.00
9,125,552.04
5,709,947.74
846,149.33
978.52
26,218.54
204,627.56
34,778.68
249,1 99.93
1,360,644.66
24,1 93,075.58
0.00
0.00
250,570.52
5,063,151.29
0.00
12,368,175.54
492,379.90
42,509,147.05
22,322,738.33
1,380,61 937
496,896.06
486,520A9
258,274.09
22,189.52
775,733.29
384,988.64
3,268,748.95
0.00
0.00
783,037.21
1,350,415.68
154,796.58
2,531,515.55
355,465.50
4,593,816.29
$ 192,745,684A2
ITEM NO.5
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
November 6, 2007
SUBJECT:
Authorization to Execute the Supplemental Agreement for fiscal year 2007-08 for
the use of Community Development Block Grant (CDBG) funds
PREPARED BY:
Gus Papagolos, Fiscal Services Manager
RECOMMENDATION: That the City Council authorize the Mayor to execute the
Supplemental Agreement for fiscal year 2007-08 for the use of Community Development Block
Grant (CDBG) funds.
BACKGROUND: On January 9,2007, the City Council recommended funding for fiscal
year 2007-08 Community Development Block Grant (CDBG) projects. This recommendation was
forwarded to the Riverside County Economic Development Agency (EDA) for review and processing
with the U.S. Department of Housing and Urban Development (HUD). HUD provides CDBG funding
for local projects which meet at least one of the following nationally established goals:
1. The activity benefits fifty-one percent of low to moderate income individuals; or,
2. The activity aids in the prevention or elimination of slums or blight; or,
3. The activity meets an emergent community development need.
The EDA has processed the City's recommendation and on October 10, 2007, submitted the
attached Supplemental Agreement to the City for signature. The projects and levels of funding
approved by the (EDA) are as follows:
PROJECT - ORGANIZATION
AWARD
AMOUNT
$ 4,680
Advocates for Children of the Court -
Court Appointed Special Advocates (CASA)
The Learning Center-
Boys & Girls Club of Southwest County
1 Riverside Area Rape Crisis Center (Rape Prevention Education)
1 VNW - Circle of Care Program
1 Temecula Emergency Assistance Program-
9,370
4,602
9.370
9,370
Senior Citizen Service Center of Temecula Rancho Area
Operation School Bell - 2,810
Assistance League of Temecula Valley
Family Support Program - 11,245
Safe Alternatives For Everyone, Inc.
YMCA Day and Swim Camp - 7,820
Southwest Family YMCA
Old Town Temecula Gymnasium 364,070
TOTAL CDBG FUNDING $423,337
The EDA reduced the non-profit Public Service funding amount by $4,079, and increased the City's
capital project funding amount by $5,109. The total funding of $423,337 is $1,030 more than
anticipated at the time the City made the application to the EDA. The execution of the fiscal year
2007-08 Supplemental Agreement and Sub-Recipient Agreement facilitates CDBG funding for these
projects.
FISCAL IMPACT: CDBG funds will be budgeted in a special revenue fund for the
approved programs and projects.
ATTACHMENTS:
-Supplemental Agreement for Fiscal Year 2007-08
-City of Temecula Agenda Report dated January 9, 2007
,Q
1
2
3
4
5
6
7
File No.: 0.07-07, 0.10-07, 0.12-07, 0.14-07-0.15-07
3.TM.01-07 - 3.TM.04-07
SUPPLEMENTAL AGREEMENT FOR THE USE OF
COMMul'lU i DEVELOPMENT BLOCK GRANT FUNDS
The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY,"
and the CITY OF TEMECULA, herein called "CITY," mutually agree as follows:
1.
GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated
8 July 12, 2005, whereby CITY elected to participate with COUNTY, which has qualified as an
9 "Urban County" for purposes of receiving Community Development Block Grant (CDBG)
10 funds, and to assist and undertake essential community development and housing assistance
11 activities pursuant to the Housing and Community Development Act of 1974, as amended,
12 hereinafter referred to as "Act". Said Cooperation Agreement dated July 12, 2005, is
13 incorporated herein by reference and made a part of this Agreement as if each and every
14 provision was set forth herein.
15
2.
PURPOSE. CITY promises and agrees to undertake and assist with the
16 community development activities, within its jurisdiction, by utilizing the sum of $423,337,
17 CDBG Entitlement Funds, as specifically identified in Exhibits A, B, C, D, E, F, G, H and I are
18 attached hereto and by this reference are incorporated herein, for the projects:
19 0.07-07 Advocates for Children of the Court. $4.680.
20 0.10-07 The Learninl! Connection. $9.370.
21 0.12-07 Riverside Area Rane Crisis Center. $4.602.
22 0.14-07 Circle of Care Prol!ram. $9.370.
23 0.15-07 Temecula Emerl!encv Assistance Prol!ram. $9.370.
24 3.TM.OI-07 Oneration School Bell- Assistance Leal!ue of Temecula Vallev. $2.810.
25 3.TM.02-07 Familv Sunnort Prol!l"am - Safe Alternatives for Evervone. Ine.. $11.245.
26 3.TM.03-67 YMCA Dav aud Swim Camn - Southwest Familv YMCA. $7.820.
27 3.TM.04-07 Old Town Temecula Gvmnasium. $364.070.
28
3.
TERM OF AGREEMENT. The term of this Agreement for the projects shall
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be for a period of one (1) year from July 1, 2007 to June 30, 2008, and proceed consistent with
the completion schedule set forth in Exhibits A, B, C, D, E, F, G, H and I. In the event that the
projects are not substantially completed by the time set forth in the completion schedule due to
unforeseen or uncontrollable causes, the COUNTY may consider extending the schedule for the
completion of the project. Times of performance for other activities may also be extended in
writing by COUNTY. If substantial progress toward completion in conformance with the
completion schedule, as determined by COUNTY, of the projects are not made during the term
of the Supplemental Agreement, COUNTY may suspend or terminate this agreement by the
procedures set forth in the Section titled "Termination", of this agreement and the entitlement
funds associated with the projects may be reprogrammed by COUNTY after appropriate notice
IS gtven.
4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine
the final disposition and distribution of all funds received by COUNTY under the Act consistent.
with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic
Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in
Exhibits A, B, C, D, E, F, G, H and I; (2) It is the CITY's responsibility to monitor all project
activities of Exhibits A, B, C, D, E, F, G, H and I to ensure compliance with applicable federal
regulations and the terms of this Agreement. CITY shall comply with timely drawdown of funds
by submitting monthly requests for reimbursement. All disbursements of grant funds will be on
a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter
identifying payments and docwnentation which supports expenditures.
All authorized obligations incurred in the performance of the Agreement for projects
eligible under the following regulations must be reported to COUNTY no later than by June 13.
2008:
a. Public Services [24 CFR 570.201 (e)]
b. Acquisition [24 CFR 570.201 (a)]
c. Clearance Activities [24 CFR 570.201 (d)]
d. Interim Assistance [24 CFR 570.201 (f)]
Page 2 of9
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1 e. Code Enforcement [24 CFR 570.202 (c)]
2 All other eligible activities under this Agreement must be implemented, completed, and
3 obligations reported by the CITY no later than the completion schedules set forth in the Exhibits
4 to this A5,,,...,,,ent.
5 The COUNTY will directly manage and monitor projects identified in Exhibits A,
6 B, C, D, and E. These projects have been determined to be Countywide, receiving grant
7 funding from multiple sources; therefore, these projects will be managed and monitored by
8 the COUNTY.
9 5. COOPERATION WIlli HOUSING ACTIVITIEfi. CITY shall cooperate with
10 COUNTY in undertaking essential community development and housing assistance activities,
11 specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying
12 out its Strategic Plan of the Consolidated Plan and other requirements of the Community
13 Development Block Grant Program_
14 6. LEAD AGENCY FOR COMPLIANCE WITH lliE CALIFORNIA.
15 ENVIRONMENTAL OUALITY ACT (CEOA). Pursuant to Section 15051(d) ofTitle 14 of the
16 California Administrative Code, CITY is designated as the lead agency for the projects that are
17 the subject matter of this Agreement.
18 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all
19 applicable laws, rules and regulations, and shall indemnifY, save and hold harmless COUNTY
20 and its agency members and their respective agents, servants and employees of and from any and
21 all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever
22 kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the
23 defense of said parties, and the payment of attorney's fees, arising out of or in any manner
24 connected with the performance by CITY under this Agreement.
25 8. RECORDS AND INSPECTIONS.
26 a. CITY shall establish and maintain records in accordance with 24 CFR Part
27 570, Part 85, OMB Circular A-87, and 24 CFR 91.105, as applicable, and as they relate to the
28 acceptance and use of federal funds under this Agreement.
Page 3 of9
1 b. CITY shall maintain a separate account for CDBG Entitlement funds
2 received as set forth in Exhibits (A, B, C, D, E, F, G, H and I).
3 c. CITY shall, during the normal business hours, make available to
4 COUNTY, the U.S. Department of Housing and Urban Development (BUD), or other authorized
5 representative, for the examination and copying all of its records and other materials with respect
6 to matters covered by this Agreement.
7 d. CITY shall not retain any program income as defined in Section 570.500
8 of TitIe 24 of the Federal Code of Regulations. Said program income shall be used only for the
9 activities that are the subject of this Agreement. Further, all provisions of this Agreement shall
10 apply to such activities.
11 e. The CITY shall ensure that at least fifty-one percent (51%) of the persons
12 benefiting from all CDBG-funded activities or projects designated as serving limited clientele
13 [570.208(a)(2)(i)] are of low and moderate income and meet the program income guidelines
14 attached as Exhibits (A, B, C, D, E, F, G, H and I). The CITY must provide the required income
15 certification and direct benefit documentation.
16 9. FEDERAL REOUIREMENTS. CITY shall comply with all applicable federal,
17 state and local laws, regulations and ordinances and any amendments thereto and the federal
18 regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly,
19 CITY is to comply with those regulations found in Part 85 and Part 570 of TitIe 24 of the Code
20 of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent
21 replacement. CITY is to abide by the provisions of the Community Development Block Grant
22 Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement.
23 CITY will comply with Section 3 of the Housing & Urban Development Act of 1968, as
24 amended, attached hereto as Exhibit "S". CITY will comply with .the provisions of 24 CFR Part
25 570.200 (j), attached as Exhibit "R," pertaining to inherently religious activities.
26 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees
27 shall act at all times in an independent capacity during the term of this Agreement, and shall not
28 act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees
Page 4 of9
1 of the COUNTY.
2 II. TERMINATION.
3 a. CITY. CITY may not terminate this Agreement except upon express
4 written consent of COUNTY.
5 b. COUNTY. Notwithstanding the provisions of Paragraph IIa, COUNTY
6 may suspend or terminate this Agreement upon written notice to CITY of action being taken and
7 the reason for such action:
8 (1) In the event CITY fails to perform the covenants herein contained
9 at such times and in such manner as provided in this Agreement; and
10 (2) In the event there is a conflict with any federal, state or local law,
11 ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or
12 untenable; or
13 (3) In the event the funding from the Department of Housing and
14 Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes
15 unavailable.
16 c. Upon suspension of this Agreement, CITY agrees to return any
17 unencumbered funds which it has been provided by COUNTY. In accepting said funds,
18 COUNTY does not waive any claim or cause of action it may have against CITY for breach of
19 this Agreement.
20 d. Upon suspenSIOn of this Agreement, CITY agrees not to incur any
21 additional cost with regard to the projects that are cited in the written notice as necessitating the
22 suspensions.
23 e. Upon susupension or termination, City shall transfer to the County any
24 CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use
25 of CDBG funds. Any real property under the City's control that was acquired or improved in
26 whole or in part with CDBG funds (including CDBG funds provided to the City in the Form of a
27 loan) in excess of $25,000 is either:
28
Page 5 of9
1 (i) Used to meet one of the national objectives in Sec. 24 CFR Part
2 570.208 (formerly Sec. 570.901) until five years after expiration of the agreement, or for such
3 longer period of time as determined to be appropriate by the County; or
4 (ii) Not used in accordance with a County-approved national objective
5 of the CDBG program, in which event the City shall pay to the County an amount equal to the
6 current market value of the property less any protion of the value attributable to expenditures of
7 non-CDBG funds for the acquisition of, or improvement to, the property.
8 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of
9 Title 24 of the Federal Code of Regulations which requires that no person in the United States
10 shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be
11 denied the benefits of, or be subjected to discrimination under any program or activity funded in
12 whole or in part with Community Development funds.
13 13. PROHIBITION AGAINST CONFLICTS OF INTEREST
14 a. CITY and its assigns, employees, agents, consultants, officers and elected
15 and appointed officials shall become familiar with and shall comply with the CDBG regulations
16 prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI"
17 and by this reference incorporated herein.
18 b. CITY and its assigns, employees, agents, consultants, officers, and elected
19 and appointed officials shall become familiar with and shall comply with Section A-ll of the
20 County's CDBG Policy manual, attached hereto as Exhibit "CI" and by this reference
21 incorporated herein.
22 c. CITY understands and agrees that no waiver of exception can be granted
23 to the prohibition against conflict of interest except upon written approval of HUD pursuant to
24 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by
25 COUNTY to determine whether such request is appropriate for submission to HUD. In
26 determining whether such request is appwp,;ate for submission to HUD, COUNTY will consider
27 thefactors listed in 24 CFR 570.611 (e).
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d. Prior to any funding under this Agreement, CITY shall provide COUNTY
with a list of all employees, agents, consultants, officers and elected and appointed officials who
are in a position to participate in a decision making process, exercise any functions or
responsibilities, or gain inside information with respect to the CDBG activities funded under this
Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including
even the appearance of conflict, that may arise with respect to the CDBG activities funded under
this Agreement.
e. Any violation of this section shall be deemed a material breach of this
Agreement, and the Agreement shall be immediately terminated by the COUNTY.
14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no
liability for any later determination by the United States Government, the Department of
Housing and Urban Development or any other person or entity that CITY is or is not eligible
under 24 CFR Part 570 to receive CDBG funds.
15. USE OF PRut'Jc,KTY. Whenever federal CDBG funds or program income are
used, in whole or in part, for the purchase of equipment or personal property, the property shall
not be transferred from its originally funded use, by CITY or subrecipient, for a period of five (5)
years from the close-out date of the grant from which CDBG assistance was provided. The
CITY shall maintain a current inventory for COUNTY monitoring and review.
16. gMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY
agrees to notify and to require any lessee or assignee to notify Riverside County Workforce
Development Center of any and all job openings that are caused by this project.
17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant
to this Agreement, during the term of this Agreement, will make reference to the Contribution of
the County of Riverside, the Economic Development Agency, and the Community Development
Block Grant Program in making the project possible.
18. PROGRAM MONITORING AND EVALUATION. CITY and its subrecipients
shall be monitored and evaluated in terms of its effectiveness and timely compliance with the
provisions of this Agreement and the effective and efficient achievement of the Program
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Objectives. Quarterly reports shall be due on the last day of the month immediately following
the end of the quarter being reported. The quarterly written reports shall include, but shall not be
limited to, the following data elements:
a. Title of program, listing of components, description of
activities/operations.
b. The projected goals, indicated numerically, and also the goals achieved
(for each report period). In addition, identify by percentage and description, the progress
achieved towards meeting the specified goals and identify any problems encountered in meeting
goals.
c. If the CDBG-funded Activity meets a National Objective under 24 CFR
570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with
household incomes at:
. Above 80% MHI
. Between 50% and 80% MHI (Low-Income)
· Between 30% and 50% MHI 01ery Low-Income)
. Less than 30% MHI (Extremely Low-Income)
2) Total number and percent (%) of the clientele served that have
household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female-Headed Households
CITY and its sub-recipients shall report beneficiary statistics monthly to EDA on the pre-
approved Direct Benefit Form and Self-Certification Form (certifying income, family size, and
racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should
HUD implement changes during the term of this agreement.
CITY and sub-recipients will collect and provide all necessary data required by BUD
pertaining to the Specific Outcome Indicators as identified in the CPD Outcome Performance
Measurement System.
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19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with
the cooperation Agreement between the parties, embodies the entire agreement of the
parties in relation to the subject matter thereof, and that no other Agreement or
understanding, verbal or otherwise, relative to this subject matter, exists between the parties
at the time of execution.
20. MINISTERIAL ACT~. The Assistant County Executive Officer/EDA or
designee(s) are authorized to take such ministerial actions as may be necessary or
appropriate to implement the terms, provisions, and conditions of this Agreement as it may
be amended from time to time by COUNTY.
21. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval
from the Economic Development Agency prior to implementing the following "high risk"
activities funded with CDBG assistance:
a. Construction of public facilities (project plans and specifications);
b. Acquisition ofreal property;
c. Historic Preservation;
d. Relocation; and
e. Economic Development
22. MOT)IFICATION OF AGREEMENT. This Agreement may be modified or
amended only by a writing signed by the duly authorized and empowered representative of
COUNTY and CITY respectively.
DATED:
COUNTY OF RIVERSIDE
CITY OF TEMECULA
By:
By:
Deputy Director
Mayor
Page 9of9
EXHIBIT A
Page 1 of3
File No.: 0.07-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City of Temecula
ADDRESS: 43200 Business Park Drive
Temecula, CA 92590
CITY PROGRAM CONTACTS: Gus Papagolos, Financial Services Manager
SUBRECIPIENT NAME: CASA (Court Appointed Snecial Advocates) for Riverside
County, Inc
ADDRESS: PO Box 3008, Indio, CA 92202
PROGRAM CONTACT: Marc Haupert, Interim Executive Director
PHONE: (760) 863-7425
FAX: (760) 863-7431
E-MAIL:
PROJECT NAME: Advocates for Children of the Court
PROJECT LOCATION: ThrolH,hOllt Riv"r<iil" rOllntv
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY'
1 ST District
2nd District
3 rd District
$10,000
$10,000
$
4th District
5th District
Temecula
$15,000
$10,000
$ 4,680
Desert Hot Springs $5,000
Project to be administered by County (EDA) on behalf of CITY: YES 0 NO 0
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2007-2008 Community Development Block Grant
for the Advocates for Children of the Court in a manner satisfactory to the County of
Riverside and consistent with any standards required as a condition of providing these funds.
Such program will include the following activities eligible under the Community Development
Block Grant program:
"
EXHIBIT A
Page 2 of3
File No.: 0.07-07
Activity #1
The program provides trained volunteers to independently investigate a child's
circumstances and reportjindings to the Juvenile Courts, monitor the delivery of
services provided to the child, and advocate on the child's behalf throughout the
process. CDSG funds will provide 55 advocate scholarships jhr abused children
who will be paired with a volunteer to follow the child's case until permanently
resolved.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria:
570.208 (a)(2)(i)(A)
CFR Reference: Low Mod Limited Clientele Presumed
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units
oer Month
Total
UnitslY ear
Total
UnduDlicated Persons
Activity #1
55
55
Unit of Service is defined as: Children Served by CDBG-funded activities
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): [g] Creating Suitable Living Enviromnents
o Providing Decent Affordable Housing
o Creating Economic Opportunities
Outcome (select one): [g] Availability/Accessibility
o Affordability
o Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and pennitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notifY County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performance under this Agreement.
EXHIBIT A
Page 3 of3
File No.: 0.07-07
Any changes in the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $4.680. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Sub-recipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item
Amount
Direct Program Expenses
Salaries $
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other (Advocate Scholarships) 4,680
Total Direct Program Costs
Indirect Costs (Specify)*
Total Indirect Costs
4,680 _ =
4,860
TOTAL CDBG BUDGET
*
All indirect costs must be pre-approved by the County. City must submit an Indirect Cost
Allocation Plan to County, in a form specified by County, demonstrating the appropriate
share of general and administrative costs.
EXHIBIT B
Page 1 00
File No.: 0.1 0-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: CityofTemecula
ADDRESS: 43200 Business Park Drive
Temecula, CA 92590
CITY PROGRAM CONTACTS: Gus Papagolos, Financial Services Manager
SUB RECIPIENT NAME: Boys & Girls Clubs of Southwest County
ADDRESS: PO Box 892349, Temecula, CA 92589
PROGRAM CONTACT: Kathleen Smith. Director of Finance
PHONE: (951) 699-1526
FAX:
E-MAIL:
PROllCT NAME: The LearninQ Connection
PROllCT LOCATION: 40<;<;0 f:Bl OBks Rrl MlIrrieta,; 3711 Nir.hot.. Rrl. T ."ke Blsinore;
28790 Puiol. Temecula
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4))
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROllCT FUNDING SUMMARY'
1 ST District
2nd District
3 rd District
$
$
$5,000
Lake Elsinore $10,000
Murrieta $ 9,357
Temecula $ 9,370
Project to be administered by County (EDA) on behalf of CITY: YES ~ NO 0
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2007-2008 Community Development Block Grant
for the The Learning Connection in a manner satisfactory to the County of Riverside and
consistent with any standards required as a condition of providing these funds. Such program
will include the following activities eligible under the Community Development Block Grant
program:
EXHIBIT B
Page 2 of3
File No.: 0.10-07
Activity #1 The Boys & Girls Club provides before and after-school programs 16 under-
served youth in Southwest Riverside County. CDBG fimds will be used jor
program scholarships for eligible youth (grades 1-8).
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria:
570.208 (a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units
ner Month
Total
UnitslYear
Total
Unduvlicated Persons
Activity #1
60
60
Unit of Service is defined as: Youth receiving CDBG-funded scholarships
cpn OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): IZI Creating Suitable Living Environments
D Providing Decent Affordable Housing
D Creating Economic Opportunities
Outcome (select one): D Availability/Accessibility
IZI Affordability
D Sustainability (promoting livable or viable communities)
n. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT B
Page 3 00
File No.: 0.10-07
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $9.370. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Iten,
Amount
Direct Program Expenses
Salaries $
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other (Program Scholarships) 9,370
Total Direct Program Costs 9,370
Indirect Costs (Specif)r)*
Total Indirect Costs
TOTAL CDBG BUDGET 9,370
*
All indirect costs must be pre-approved by the County. City must submit an
Indirect Cost Allocation Plan to County, in a form specified by County,
demonstrating the appropriate share of general and administrative costs.
EXHIBIT C
Page I oB
File No.: 0.12-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City of Temecula
ADDRESS: ,43200 Business Park Drive
Temecula, CA 92590
CITY PROGRAM CONTACTS: Gus Papagolos, Financial Services Manager
SUB RECIPIENT NAME: Riverside Area Rape Crisis Center
ADDRESS: 1845 Chicago Ave., Ste; A, Riverside, CA 92507
PROGRAM CONTACT: Larry McAdara, Executive Director
PHONE: (951) 686-7273
FAX:
E-MAIL:
PROJECT NAME: Riverside Area Rane Crisis Center
PROJECT LOCATION: 1485 Snruce Street. Suite C. Riverside. CA 92507
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4))
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY:
1 ST District
2nd District
3 rd District
$
$15,000
$
4th District
5th District
Temecula
$
$
$4,602
Project to be administered by County (EDA) oil behalf of CITY: YES k8J NO 0
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2Q07-2008 Community Development Block Grant
for the Riverside Area Rape Crisis Center in a manner satisfactory to the County of Riverside
and consistent with any standards required as a condition of providing these funds. Such program
will include the following activities eligible under the Community Development Block Grant
program:
EXHIBIT C
Page 2 00
File No,: 0.12-07
Activity #1 The Riverside Area Rape Crisis Center provides direct services to low-inco,me
rape survivors and their families. Services include counseling, medical care,
advocacy. law enforcement accompaniment, legal services, re.fi;rrals, support
groups. and other information. CDBG funds will be used j(Jr operational
expenses including salaries, benefits, space costs, and supplies.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria:
570.208 (a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units
ner Month
Total
UnitslY ear
Total
Unduulicated Persons
Activity # 1
50
50
Unit of Service is defined as: Victims served by CDBG-funded activities
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): I:8J Creating Suitable Living Environments
o Providing Decent Affordable Housing
o Creating Economic Opportunities
Outcome (select one): I:8J Availability/Accessibility
o Affordability
o Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its sub-recipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT C
Page 3 of3
File No.: 0.12-07
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $4.602. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item
Direct Program Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (program Only)
Audit
Transportation
Other (Specify)
Total Direct Program Costs
Indirect Costs (Specify)*
Total Indirect Costs
TOTAL CDBG BUDGET
Amount
$ 4,602
~ 4,602
4,602
-=
* All indirect costs must be pre-approved by the County. City must submit an Indirect Cost
Allocation Plan to County, in a form specified by County, demonstrating the appropriate
share of general and administrative costs.
EXHIBIT D
Page 1 of3
File No.: 0.14-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City ofTemecula
ADDRESS: 43200 Business Park Drive
Temecula, CA 92590
CITY PROGRAM CONTACTS: Gus Papagolos, Financial Services Manager
SUBRECIPIENT NAME: Vineyard of the New Wine-Circle of Care-Church of God
ADDRESS: PO Box 218, Temecula, CA 92593
PROGRAM CONTACT: Terri Keirn, Director
PHONE: (951) 693-0494
FAX: (951) 676-4580
E-MAIL:
PROJECT NAME: Circle of Care ProlITaIll
PROJECT LOCATION: Food DiRtrihlltion SiteR m Tem"clll~ (Rotarv P~rkl ~nd ~ga
(Cottonwood School)
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY:
1 ST District
2nd District
3rd District
$
$
$10,000
4th District
5th District
Temecula
$
$
$9,370
Project to be administered by County (EDA) on behalf of CITY: YES ~ NO 0
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2007-2008 Community Development'Block Grant
for the Circle of Care Program in a manner satisfactory to the County of Riverside and
consistent with any standards required as a condition of providing these funds. Such program
will include the following activities eligible under the Community Development Block Grant
program:
EXHIBIT D
Page 2 00
File No.: 0.14-07
Activity #1 Vineyard of the New Wine Circle of Care provides food. referral services, and
clothing to low-income families. CDBG funds will be used for essential operating
expenses such as space costs, utilities, vehicle leasing. supplies, and food items.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria:
570.208 (a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units
ner Month
Total
UnitslYear
Total
Unduvlicated Persons
Activity #1
154
154
Unit of Service is defined as: Persons served by CDBG-funded activities
cpn OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): Iz;] Creating Suitable Living Environments
o Providing Decent Affordable Housing
o Creating Economic Opportunities
Outcome (select one): Iz;] Availability/Accessibility
o AffordabiIity
o SustainabiIity (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its sub-recipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, .,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performanc:e under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT D
Page 3 00
File No,: 0.14-07
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this A5,,,,,,,,,ent. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $9.370. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
;Line Item
Amount
Direct Program Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other (Specify)
$
9,370
Total Direct Program Costs 9,370
Indirect Costs (Specify)*
Total Indirect Costs
TOTAL CDBG BUDGET 9,370
*
All indirect costs must be pre-approved by the County. City must submit an
Indirect Cost Allocation Plan to County, in a form specified by County,
demonstrating the appropriate share of general and administrative costs.
EXHIBIT E
Page 1 00
File No.: 0.15-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City of Temecula
ADDRESS: 43200 Business Park Drive
Temecula, CA 92590
CITY PROGRAM CONTACTS: Gus Papagolos, Financial Services Manager
SUBRECIPIENT NAME: Temecula Senior Center & Food Bank
ADDRESS: 41765 Elm Street Suite 201, Murrieta, CA 92562
PROGRAM CONTACT: Marilyn Pettit
PHONE: (951) 600-9557
FAX: (951) 600-8233
E-MAIL:
PROJECT NAME: Temecula Emergencv Assistance Pro!lram
PROJECT LOCATION: 41765 R\n1 Street Suite ').01. Murriet3 CA q256?
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY'
I ST District
2nd District
3'd District
$
$
$10,000
4th District
5th District
Temecula
$
$
$9,370
Project to be administered by County (EDA) on behalf of CITY: YES r;gJ NO 0
II. SCOPE OF SERVICE
A. Activities
;
City will be responsible for administering a 2007-2008 Community Development Block Grant
for the Temecula Emergency Assistance Program in a manner satisfactory to the County of
Riverside and consistent with any standards required as a condition of providing these funds.
Such program will include the following activities eligible under the Community Development
Block Grant program:
EXHIBIT E
Page 2 of3
File No.: 0.15-07
Activity #1 The Temecula Emergency and Utility Assistance Program addresses the basic
needs of low-income individuals of the Greater Murrieta-Temecula Valley.
Services include emergency food, utility assistance. and other essential needs.
CDBG fund~ will be used for consumable supplies.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria:
570.208 (a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units
oer Month
Total
UnitsNear
Total
Unduvlicated Persons
Activity #1
550
550
Unit of Service is defined as: Persons served by CDBG-funded activities
CPDOUTCOMEPERFORMANCEMEASUREMENT
Objectives (select one): I:8J Creating Suitable Living Environments
o Providing Decent Affordable Housing
o Creating Economic Opportunities
Outcome (select one): I:8J Availability/Accessibility
o Affordability
o Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its sub-recipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performance under this A",,,,,,,,ent.
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT E
Page 3 of3
File No.: 0.15-07
E. Performanc.e Monitoring
The County of Riverside will monitor the performance of the City and its sub-recipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $9.370. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Sub-recipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item
Amount
Direct Program Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other (Specify)
$
9,370
Total Direct Program Costs 9,370
Indirect Costs (Specify)*
Total Indirect Costs
TOTAL CDBG BUDGET
__~,370
*
All indirect costs must be pre-approved by the County. City must submit an
Indirect Cost Allocation Plan to County, in a form specified by County,
demonstrating the appropriate share of general and administrative costs.
-.'
EXHIBIT F
Page I of6
File No.: 3.TM.OI-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City of Temecula
ADDRESS: 43200 Business Park Drive
Temecula, CA 92590
CITY PROGRAM CONTACTS: Gus Papagolos, Firumcial Services Manager
SUBRECIPIENT NAME:
ADDRESS:
PROGRAM CONTACT:
PHONE: (951) 694-6430
FAX: {951) 694-6479
E-MAIL:
PROJECT NAME: OneratioI1 School Bell- Assistance Lea<me of Temecula Vallev
PROJECT LOCATION: 2l1.7?0 Via MonteZ1l'llll.-Thmecllla_ CA 92590
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBlLITYCODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY: '
I ST District
2nd District
3,d District
$
$
$
4th District
5th District
City Funding
$
$
$2,810
Project to be administered by County (EDA) on behalf of CITY: YES D NO ~
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2007-2008 Community Development Block Grant
for the Operation School Bell - Assistance League of Temecula Valley in a manner
satisfactory to the County of Riverside and consistent with any standards required as a condition
of providing these funds. Such program will include the following activities eligible under the
Community Development Block Grant program:
EXHIBIT F
. Page 2 of6
File No.: 3.TM.01-07
Activity #1 The Operation School Bell Program will provide clothes and school supplies to
children of low-income families in the Temecu/a Valley Unified School District.
CDBG fUnds will be used to purchase clothing, backpacks, and school supplies.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria:
570.208 (a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units
Der Month
Total
UnitslY ear
Total
Unduulicated Persons
Activity #1
65
Unit of Service is defined as: Youth served by CDBG-funded activities
cpn OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ~ Creating Suitable Living Environments
D Providing Decent Affordable Housing
D Creating Economic Opportunities
Outcome (select one): ~ Availability/Accessibility
D Affordability
D Sustainability (promoting livable or viable communities)
n. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its sub-recipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in or2'oni"Totional management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT F
Page 3 of 6
File No.: 3.TM,Ol-07
E. P "', Iv, ~ance Monitoring
The County of Riverside will monitor the performance of the City and its sub-recipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $2.810. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Sub-recipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the Ohe contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item
Amount
Direct Program Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (Program Only)
Audit
Transportation
Other (Specify)
$
2,810
Total Direct Program Costs 2,810
Indirect Costs (Specify)*
Total Indirect Costs
TOTAL CDBG BUDGET 2,810
* All indirect costs must be pre-approved by the County. City must submit an
Indirect Cost Allocation Plan to County, in a form specified by County,
demonstrating the appropriate share of general and administrative costs.
EXHIBIT F
Page 4 of6
File No.: 3.TM.OI-07
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circula!"s A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational
Institutions," or OMB Circula!" A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis
C. Documentation and Record Keeping
I. Records to be Maintained
The City and its sub-recipients will maintain all records required by the Federal
regulations specified in 24 CFR 570.506 that a!"e pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
i Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
VI. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28;
and
vii. Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The A",~",,,~;on
period begins on the date of the submission of the County's annual performance and
evaluation report to HUD in which the activities assisted under the Agreement are
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-
yea!" period, whichever occurs later.
EXHIBIT F
Page 5 of6
File No.: 3.TM.OI-07
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City's responsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control over CDBG funds, including program income.
6. Audits & Insvections
All City records with respect to any matters covered by this Agreement shall be made
available to the County, BUD, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an annual agency audit conducted in
accordance with current County policy concerning sub-recipient audits and OMB
Circular A-B3.
EXHIBIT F
Page 6 of6
File No.: 3.TM.OI-07
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, CITY will P"';'VHU and complete the activities described in
Section II in conformance with the schedule of tasks and milestones listed below:
Tasks! Milestone
.Start Date
Comoletion Date
Attend Mandatory Cooperating
City Training
July 2007
July 2007
Execute Subrecipient Agreements
(EDA must approve)
July 1,2007
Ocotber 31, 2007
Implement Program Activities
July 1,2007
Execute Supplemental Agreement
& Notice to Incur Cost
August 2007
September 2007
City Submit Quarterly
Performance Reports to County
October 15,2007
January 15,2008
April 15, 2008
July 31, 2008
County Monitoring of City
P~LfvuJ.1ance
July 1,2007
.hme 30, 2008
City submit Monthly
Direct Benefit Reports
September 2007
July 2008
City Submits Reimbursement
Requests
Monthly Submittal cgj
Other Schedule 0
S"!:,~"mber 2007
Mav 15. 2008
CDBG Program Services Complete
June 2008
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Sub-recipient must collect income self-certifications from the oarent or lee:al e:uardian of
everv child oarticioatine: in CDBG-funded activities. This includes family income, family
size, and ethnicity. Sponsor is required to collect income verification documentation from
at least 10% of the persons submitting the certifications. All of this documentation must be
submitted to EDA on a monthly basis.
":\CDB(,\tl7.{)i! CDBG ~jMlt.r Tf".j.il'!;'.Ci;)"-T~1'ec!lI~\3 TM 0[.07 <)p~'I'~(i<Jn SchO{.i i3~Il-A5,iSi<lnccJ e~l:w~(lfTcmcccl" V~I!~y\Exhil,i( F,doc
EXHIBIT G
Page 1 of6
File No.: 3.TM.02-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERALINFO~TION
CITY NAME: City of Temecula
ADDRESS: 43200 Business Park Drive
Temecula, CA 92590
CITY PROGRAM CONTACTS: Gus Papagolos, Financial Services Manager
SUBRECIPIENT NAME:
ADDRESS:
PROGRAM CONTACT:
PHONE: (951) 694-6430
FAX: (951) 694-6479
E-MAIL:
PROJECT NAME: Familv SUDDort Prmrram - Safe Alternatives for Evervone. lnc_
PROJECT LOCATION: lllRl h Painl Sf., Temecula, CA 92590
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4))
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY:
I ST District
2nd District
3 rd District
$
$
$
4th District
5th District
City Funding
$
$
$11,245
Project to be administered by County (EDA) on behalf of CITY: YES 0 NO [gJ
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2007-2008 Community Development Block Grant
for the Family Support Program - Safe Alternatives for Everyone, Inc. in a manner
satisfactory to the County of Riverside and consistent with any standards required as a condition
of providing these funds. Such program will include the following activities eligible under the
Community Development Block Grant program:
EXHIBIT G
Page 2 of6
File No.: 3.TM.02-07
Activity #1 The Safe Alternative For Everyone (SAFE) program (lifers services to abused
children, battered spouses, and homeless persons. CDBG funds will be used for
direct program costs including staff salaries and benefits for counseling, case
management, tutoring and child care.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria:
570.208 (a)(2)(i)(A)
CFR Reference: Low Mod Limited Clientele Presumed
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units
oer Month
Total
U nits/Year
Total
pnduvlicated Persons
Activity #1
700
Unit of Service is defined as: Persons served by CDBG-funded activities
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ~ Creating Suitable Living Environments
o Providing Decent Affordable Housing
o Creating Economic Opportunities
Outcome (select one): ~ Availability/Accessibility
o Affordability
o Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its sub-recipients have the
appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performance under this Agreement. '
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT G
Page 3 of6
File No.: 3.TM.02-07
E. Performance Monitoring
The County of Riverside wilt monitor the performance of the City and its sub-recipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shalt not exceed ~1l.245. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Sub-recipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shalt provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item
Amount
Direct Program Expenses
Salaries
Fringe
Office Space (Program Only)
Utilities
Communications
Reproduction/Printing
Supplies and Materials
Mileage
Equipment (program Only)
Audit
Transportation
Other (Specify)
$ 11,245
Total Direct Program Costs
11,245
Indirect Costs (Specify)*
Total Indirect Costs
- -
-~-_._--
TOTAL CDBG BUDGET
11,245
* All indirect costs must be pre-approved by the County. City must submit an
Indirect Cost Allocation Plan to County, in a form specified by County,
demonstrating the appropriate share of general and administrative costs.
EXHIBIT G
Page 4 of6
File No.: 3.TM.02-07
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis
C. Documentation and Record Keeping
I. Records to be Maintained
The City and its sub-recipients will maintain all records required by the Federal
regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
I Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
111. Records required to determine the eligibility of activities;
IV. Records required to document the acquisition, improvement, use or
disposition of real property acquired or imp' v ved with CnBG assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28;
and
vii. Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention
period begins on the date of the submission of the County's annual P...,L'll,ance and
evaluation report to HUD in which the activities assisted under the Agreement are
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-
year period, whichever occurs later.
EXHIBIT G
Page 5 of6
File No.: 3.TM.02-07
3. Client Da~
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shall be made available to COunty monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City's responsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control over CDHG funds, including program income.
6. Audits & Insoection~
All City records with respect to any matters covered by this Agreement shall be made
available to the County, HUD, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an annual agency audit conducted in
accordance with current County policy concerning sub-
EXHIBIT G
Page 6 of 6
File No.: 3.TM.02-07
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, CITY will perform and complete the activities described in
Section II in conformance with the schedule of tasks and milestones listed below:
Tasks I Mileston~
Start Date
Comnletion Date
Attend Mandatory Cooperating
City Training
July 2007
July 2007
Execute Subrecipient Agreements
(EDA must approve)
July I, 2007
October 31, 2007
Implement Program Activities
July I, 2007
Execute Supplemental Agreement
& Notice to Incur Cost
August 2007
October 2007
City Submit Quarterly
Performance Reports to County
October 15, 2007
January 15,2008
April 15, 2008
July31,2008
County Monitoring of City
Performance
July 1, 2008
June 30, 2007
City submit Monthly
Direct Benefit Reports
September 2007
July 2008
City Submits Reimbursement
Requests
October 2007
May 2008
Monthly Submittal IZ1
Other Schedule 0
September 2007
Mav 15. 2008
CDBG Program Services Complete
June 2008
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Sponsor must collect income self-certifications from every family participating in CDBG-funded
activities or from the narent or legal guardian of everv child narticinating in CDBG-funded
activities. This includes family income, family size, and ethnicity. Sponsor is required to collect
income verification documentation from at least 10% of the participants. All of this
documentation must be submitted to EDA on a monthly basis.
EXHIBIT H
Page I of6
File No.: 3.TM.03-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: City of Temecula
ADDRESS: 43200 Business Park Drive
Temecula, CA 92590
CITY PROGRAM CONTACTS: Gus Papagolos, Financial Services Manager
SUBRECIPIENT NAME:
ADDRESS:
PROGRAM CONTACT:
PHONE: (951) 694-6430
FAX: (951) 694-6479
E-MAIL:
PROJECT NAME: YMCA Dav and Swim CamD - Southwest Fami1v YMCA
PROJECT LOCATION: Nicolas Vallev Elen:lrutlrv-19IiOO N. General Keamev Vint""e
Hills Pool-32025 Meadows Pkwv. Temecula
LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)]
CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services
PROJECT FUNDING SUMMARY.
1 ST District
20d District
3 rd District
$
$
$
4th District
5th District
City Funding
$
$
$7,820
Project to be administered by County (EDA) on behalf of CITY: YES 0 NO IZ1
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2007-2008 Community Development Block Grant
for the YMCA Day and Swim Camp - Southwest Family YMCA in a marmer satisfactory to
the County of Riverside and consistent with any standards required as a condition of providing
these funds. Such program will include the following activities eligible under the Community
Development Block Grant program:
EXHIBIT H
Page 2 of 6
File No.: 3.TM.03-07
Activity #1 The YMCA offers a Day Camp and Swim Lesson Program to children during
school breaks. CDBG funds will be used for scholarships for children of low-
income families.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the
activity (ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria:
570.208 (a)(2)(i)(B)
CFR Reference: Low Mod Limited Clientele Income Certification
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to provide the following levels of program services:
Activity
Units
ner Month
Total
Units/Y ear
Total
Unduvlicated Persons
Activity # 1
200
Unit of Service is defmed as: Children participating in CDBG-funded activities
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): IZ1 Creating Suitable Living Environments
o Providing Decent Affordable Housing
o Creating Economic Opportunities
Outcome (select one): 0 Availability/Accessibility
IZ1 Affordability
o Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it and its sub-recipients have the
al'l'Wl',;ate number of trained and knowledgeable staff, adequate facilities, proper equipment,
required licensing and permitting, and sufficient amount of financial resources necessary to
implement and carry out the activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact City's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
EXHIBIT H
Page 3 of6
File No.: 3.TM.03-07
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its sub-recipients against
goals and performance standards as stated above. Substandard pcd~uuance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $7.820. Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
.Line Ite~ Arnaun!
Direct Program Expenses
Salaries $
Fringe
Office Space (Program Only)
Utilities
Communications
ReproductionIPrinting
Supplies and Materials
Mileage
Equipment (program Only)
Audit
Transportation
Other (Program Scholarships) 7,820
Total Direct Program Costs 7,820
-~--
Indirect Costs (Specify)*
Total Indirect Costs
TOTAL CDBG BUDGET 7,820
---
* All indirect costs must be pre-approved by the County. City must submit an
Indirect Cost Allocation Plan to County, in a form specified by County,
demonstrating the appropriate share of general and administrative costs.
EXHIBIT H
Page 4 of6
File No.: 3.TM.03-07
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary S01lrce documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis
C. Documentation and Record Keeping
I. Records to be Maintained
The City and its sub-recipients will maintain all records required by the Federal
regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
1 Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28;
and
vii. Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
2. Records Retentiot;!
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention
period begins on the date of the submission of the County's armual performance and
evaluation report to HUD in which the activities assisted under the Agreement are
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-
year period, whichever occurs later.
EXHIBIT H
Page 5 of6
File No.: 3.TM.03-07
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shaH be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City's responsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control over CDBG funds, including program income.
6. Audits & Insoections
All City records with respect to any matters covered by this Agreement shall be made
available to the County, HUD, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an armual agency audit conducted in
accordance with current County policy concerning sub-recipient audits and OMB
Circular A-B3.
EXHIBIT H
Page 6 of 6
File No.: 3.TM.03-07
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by CoUnty, CITY will perform and complete the activities described in
Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone
Start Date
Comnletion Date
Attend Mandatory Cooperating
City Training
July 2007
July 2007
Execute Subrecipient Agreements
(EDA must approve)
July 1,2007
October 31, 2007
Implement Program Activities
July 1,2007
Execute Supplemental Agreement
& Notice to Incur Cost
August 2007
October 2007
City Submit Quarterly
Performance Reports to County
October 15,2007
January 15, 2008
April 15, 2008
July 31,2008
County Monitoring of City
Performance
July 1,2007
June 30, 2008
City submit Monthly
Direct Benefit Reports
September 2007
July 2008
City Submits Reimbursement
Requests
Monthly Submittal 0
Other Schedule 0
September 2007
Mav 15. 2008
CDBG Program Services Complete
June 30, 2008
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Sponsor must collect income self-certifications from the narent or leqal !l:uardian of everv child
narticinating in CDBG-funded activities. This includes family income, family size, and ethnicity.
Sponsor is required to collect income verification documentation from at least 10% of the
persons submitting the certifications. All of this documentation must be submitted to EDA on a
monthly basis.
:::'LDBlAl):.0R ('O[3G ....l:.~I<.r Tr~';k;l's\Ci:y,.T~m"(;Hl~,',._"T\j ,),Hi? ',MeA J)~;: (ll'd :::wim Cnm!,.S,),lth",'~,;( l':anl'!, Y\1C-'\\F.>.hihil lLl,)c
'ij!'
EXHIBIT I
Page 1 of6
File No.: 3.TM.04-07
CDBG SUPPLEMENTAL AGREEMENT
SCOPE OF WORK - NON-PUBLIC SERVICE
I. GENERAL INFORMATION
CITY NAME: (,itv ofTpmp"1Jh
ADDRESS: 41)00 R1Jsine.s Park On""
Temecula, CA 92590
PROGRAM CONTACTS: Gus Papagolos, Financial Services Manager
PHONE: (951) 694-6430
E-MAIL:
FAX: (951) 694-6479
PROJECT NAME: Old Town Temecula Gvmnasium
PROJECT LOCATION: First Street between Front and Puiol
LEVEL OF ENVIRONMENTAL CLEARANCE:
CDBG ELIGIBILITY CODE:
PROJECT FUNDING SUMMARY:
1 ST District
2nd District
3rd District
$
$
$
4th District
5th District
City Funding
$
$
$364,070
Project to be administered by County (EDA) on behalf of City: YES 0 NO IZ1
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2007-2008 Community Development Block Grant
for the Old Town Temecula Gymnasium in a marmer satisfactory to the County of Riverside
and consistent with any standards required as a condition of providing these funds. Such program
will include the following activities eligible under the Community Development Block Grant
program:
Activity #1 The recreational facility project includes the design and construction of a 6,800
square foot recreational facility serving predominantly low-income individuals.
CDBG funds will be usedfor design and construction of afilll-sized basketball
court, 100 bleacher seating, res/rooms, and a small office.
UJI
EXHIBIT I
Page 2 of 6
File No.: 3.TM.04-07
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the
activity(ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(l )(i)
CFR Reference:
Low Mod Area
C. Levels of Accomplishment - Goals and Performance Measures
The City agrees to implement and complete the following activity (ies):
Activity # I Design and construction of a 6,800 square foot recreational facility.
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): IZ1 Creating Suitable Living Environments
o Providing Decent Affordable Housing
o Creating Economic Opportunities
Outcome (select one): D Availability/Accessibility
D Affordability
IZ1 Sustainability (promoting livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of
trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and
permitting, and sufficient amount of financial resources necessary to implement and carry out the
activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact the City or sub-recipient's performance under this Agreement.
Any changes in the above items are subject to the prior approval of the County.
v
EXHIBIT I
Page 3 of 6
File No.: 3.TM.04-07
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its su-recipients against
goals and performance standards as stated above. Substandard performance as determined by the
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed $364.070 Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Sub-recipient's fmancial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item Amounj
DesignlEngineering Costs $
Project Administration Costs
Construction Costs 364,070
Acquisition Costs
Relocation Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Other
TOTAL CDBG BUDGET 364,070_
EXHIBIT I
Page 4 of6
File No.: 3.TM.04-07
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs incurred
whether charged on a direct or indirect basis
C. Documentation and Record Keeping
1. Records to be Maintained
The Sub-recipient shall maintain all records required by the Federal regulations specified
in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement.
Such records shall include but not be limited to:
I Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
IV. Records required to document the acquisition, improvement, use or
disposition ofreal property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28;
and
vii. Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention
period begins on the date of the submission of the County's armual p.;.,fuuuance and
evaluation report to HUD in which the activities assisted under the Agreement are
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
.
EXHIBIT I
Page 5 of6
Pile No.: 3.TM.04-07
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-
year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City'sresponsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control over CDBG funds, including program income.
6. Audits & Insnections
All City records with respect to any matters covered by this Agreement shall be made
available to the County, HUD, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an armual agency audit conducted in
accordance with current County policy concerning sub-recipient audits and OMB
Circular A-B3.
o .- "t
EXHIBIT I
Page 6 of6
File No.: 3.TM.04-07
IV.
PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, City will perform and complete the activities described
in Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone
Start Date
Completion Date
Attend Mandatory Cooperating
City Training
July 2007
July 2007
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Upon Notification from EDA
August 2007
October 2007
Submit Quarterly Performance
Reports to County
October 15, 2007
January 15, 2008
April 15, 2008
July 31, 2008
October 15, 2008
January 15,2009
County Monitoring of City
PrograrnlPerformance
To be determined by EDA Program Manager
Specific Project Activities
Schedule to be determined by EDA Program Manager
1. Completion of Environmental Reviews
2. Procurement of A&E Services
3. Procurement of Construction Services
City Submits Reimbursement
Requests
Monthly Submittal 0
Other Schedule IZ1
CDBG-funded Project Complete
TBD
June 2009
October 2007
June 2009
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
The City mUst comply with all HUD and County required environmental, procurement,
and construction procedures and regnlations. The proposed project meets a national
objective of the CDBG program by benefiting the residents of a predominantly low-income
area within the City.
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
/
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
January 9, 2007
SUBJECT:
Community Development Block Grant Application Proposals for FY 2007/08
PREPARED BY:
Gus Papagolos, Fiscal Services Manager
RECOMMENDATION:
That the City Council:
1. Approve the Community Development Block Grant (CDBG) funding recommendation
from the Finance Committee and staff;
2. Authorize the Director of Finance to execute Sub-Recipient Agreements and to
reprogram CDBG funds in accordance with the current budget resolution for general
administration of the fiscal year 2007/08 Community Development Block Grant
Funds;
3. Approve the submittal of a new CDBG project to the Economic Development Agency
(EDA), from fiscal year 2006/07 funds, which will facilitate the use of $150,000 of
currently awarded CDBG funds for the rehabilitation of the Escallier House and Barn
next to the Temecula Community Center.
BACKGROUND: The CDBG program is a federal grant program administered by the
Department of Housing and Urban Development (HUD) in which funding is allocated to the City
annually through the Economic Development Agency (EDA) of Riverside County.
The application requests were reviewed for eligibility for CDBG funding by our program
representative at the EDA, and all of the applications are eligible for funding. In order for a projectto
be considered for funding, it must meet one of the following national goals:
1. The activity benefits 51 percent low/moderate income persons; or,
2. The activity aids in the prevention or elimination of slums or blight; or,
3. The activity meets an emergent community development need.
A total of tell applications were submitted to the City for consideration and all were determined to be
eligible for CDBG funding. The City's allocation for FY 2007/08 is anticipated to be $422,307.
CDBG regulations impose a 15% cap from the total allocation for Public Services. The Finance
Committee is recommending a total expenditure of $63,346 for Public Services, which is within the
15% cap. The balance of $358,961 is for public facilities and capital improvement projects. Please
refer to the following table:
2007/08 COSG Allocation (estimate)
Less Public Services (15% cap)
I Project Funding available for Public Facilities/Infrastructure
$422,307 I
-63,346 I
$358,91)"11
Due to the possibility that the City's allocation may be reduced, it is recommended that all projects
be reduced equally, according to the percentage in allocation reduction. All projects are subject to
final approval at a future Riverside County Board of Supervisors meeting. The EDA will submit a
supplemental agreement to the City identifying the projects approved for funding in July 2007. Also,
for general information, FY 2007/08 CDBG funding cycle begins the second year of a three-year
cooperation agreement with the EDA. At the term of this agreement, the City will review the benefits
for application of entitlement status with HUD.
The Finance Committee composed of Council Members Mike Naggar and Maryann Edwards, met
on December 12, 2006, and after thorough review, proposed CDBG funding for eight public service
organizations and one City capital project, as described in the attachment.
The recommendation to establish a new CDBG project from fiscal year 2006107 funds is needed to
apply $150,000 of currently awarded CDBG funds toward the rehabilitation of the Escallier House
and Barn. This facility will be relocated next to the Temecula Community Center and utilized to
provide food bank services by a Temecula non-profit organization. Council action is required before
the EDA of Riverside County can redirect $150,000 of CDBG funds to this project from the Sam
Hicks Monument Park Playground project. It is anticipated the funds for the Sam Hicks Monument
Park Playground project will be allocated once again to that project during the next CDBG funding
cycle of FY 2007/08.
FISCAL IMPACT: The CDBG funds allocated to outside agencies have no impact on the
City, other than staff time needed to administer program requirements.
ATTACHMENTS:
-Finance Committee Funding Recommendations FY 2007/08
-FY 2007/08 CDBG Applications Funding Summary
FINANCE COMMITTEE FUNDING RECOMMENDATIONS FY 2007/08
Finance
Committee
Prior Year Funding Funding
Public Services Award Requested Recommendation
I Alternatives to Domestic Violence (ADV) $4,000 $72,230 0
I Operation School Bell 10,000 15,000 3,000
Boys & Girls Club of Temecula 10,000 30,000 10,000
Court Appointed Special Advocates 2,000 12,000 5,000
Rape Crisis Center 4,000 5,000 5,000
Safe Alternative For Everyone 11,000 15,000 12,000
Emergency Food Aid 9,000 10,000 10,000
Circle of Care 6,000 32,564 10,000
YMCA 4,000 10,000 8,346
American Red Cross 3,337 0 0
I T H P Starting Line 0 19,500 0
ITotal Public Services Projects (15% Cap = $63.337 $221.294 $63.346
$63,346)
Finance Committee
Non-Public Service Projects Prior Year Funding Funding
City Facility Award Requested Recommendation
Old Town Gym 0 $358,961 $358,961
Temecula Community Center Expansion $208,970 0
Sam Hicks Monument Park 150,000 0
Total Non-Public Sflrvice $358.97j1 S.$58.~1 U!i.l!.96.t
Grand Total $422...301
$580.255
$422.307
[Total projected COSG Allocation = $422,307)
Alternatives to Provide 24-hour crisis
Alternatives to Domestic $72,230 Public Servicel intervention, advocacy services,
Domestic Violence Violence Limited Clientele shelter, community education, and
the Children's Support Program.
Assistants Public Servicel Provide clothing to children
Operation School Bell League of $15,000 Low-Moderate identified by TVUSD in need of
Temecula Valley Income clothing.
Public Servicel Scholarship program for low
Boys & Girls Club of Boys & Girls Club $30,000 Low-Moderate income families to participate in
Temecula of Temecula Income AM/PM camp activities and
transportation.
Court Appointed CASA trains community
volunteers to serve as court
Court Appointed Special Public Servicel advocates for abused/neglected
Special Advocates of Advocates of $12,000 Low-Moderate children who have been removed
Riverside County Riverside County Income from their homes in order to
(CASA) ensure the child's safety.
Public Servicel This program provides assistance
Riverside County Local Rape Crisis $5,000 Low-Moderate to victims of sexual assault in the
Rape Crisis Center Center Income Temecula area at Rancho Springs
Medical Center.
Safe Alternatives Public Service Provide services for children,
Safe Alternatives for for Everyone $15,000 Low-Moderate youth and families who have
Everyone (SAFE) Income experienced or are at risk of
abuse and violence.
Provide emergency food
Emergency Food and Temecula Senior Public Servicel distribution and limited utility
$10,000 assistance to households based
Aid Center Limited Clientele on referrals from Social Services
and local churches.
Public Provide emergency food
Vineyard of the Service/Low- distribution and resource center
Circle of Care New Wine $32,564 Moderate assistance (clothing and
Income household items) based on
referrals and a walk-in basis.
Public This program will provide
YMCA YMCA $10,000 Service/Low- scholarships to day camp for
Moderate under privileged children at
Income Temecula Elementary School.
FUNDING
/iEQUEST
ITHP Starting Line
Public Service/
Low-Moderate
Income
$19,500
Temecula
Old Town Gymnasium Community
Services District
$358,961
Public Facility
County Wide Transitional Housing
Programs for emancipated/aged
and out of foster youth.
Design and construct an indoor
Gymnasium in Old Town with
approx 6,800 sq ft and spectator
seating. The City will partner with
the Temecula Boys & Girls Club
on this project.
ITEM NO.6
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
November 6, 2007
SUBJECT:
Appropriation of Emergency and Disaster Relief Expenditures due to the Southern
California Firestorms
PREPARED BY:
Jason Simpson, Assistant Director of Finance
RECOMMENDATION:
That the City Council:
1. Pursuant to Temecula Municipal Code Section 2.56.090.B., the Council has reviewed the
necessity for continuing the local emergency and determines that it should continue at least
until its next regular City Council Meeting of November 27,2007.
2. Appropriate $90,000 from General Fund Unreserved Fund Balance to cover anticipated
emergency and disaster relief expenditures.
BACKGROUND: The City of Temecula was recently affected by the most devastating
fires in San Diego County and Orange County. There were 11 major fires ignited throughout
Southern California which required substantial resources and assets from all levels of government to
respond to and mitigate and which subsequently required Fire and Police personnel to initiate
massive evacuations (500,000 plus) of these areas in order to protect persons and property. As a
result, the City of T emecula was designated as a key location for receiving evacuees for temporary
shelter, water, food, supplies and clothing. At the time of this writing, the fires were still continuing
with full containment not expected for several more days at various locations in the region.
In addition, severe and strong Santa Ana winds commencing on October 20, 2007, resulted in
substantial damage throughout Riverside County as well as surrounding counties with falling trees
and debris creating hazardous conditions, including within the City of Temecula. As a result, the
City has incurred damaged tree and debris expenditures of approximately $35,450.
LOCAL DECLARATION
On October 23, 2007, the City Council of the City of Temecula approved Resolution 07-91 (See
Local Declaration attached as Exhibit A) declaring the existence of a local emergency under existing
state and local laws. This action allowed City staff to respond to and provide necessary emergency
resources to address the debris and damage from the winds and to obtain and provide resources
and shelter to the people evacuated from the major fire areas until the wind damage and fire
damage issues could be mitigated and until it was safe to allow people to return.
COUNTY DECLARATION
On October 22, 2007, the County of Riverside Board of Supervisors declared a local emergency for
the County due to severely high and damaging winds (see County Declaration as Exhibit B).
STATE DECLARATION
On October 21, 2007, the Governor of California, Arnold Schwarzenegger, declared through
EXECUTIVE ORDER S-13-07, a State of Emergency to exist in the counties of Los Angeles,
Orange, Riverside, San Bernardino, San Diego, Santa Barbara and Ventura as a result of major
wildfires fanned by extremely high winds. (See State Declaration as attached Exhibit C)
FEDERAL DECLARATION
The President has signed Major Disaster Declaration FEMA-1731-DR for the State of California for
Wildfires that occurred October 21, 2007 and continuing. The disaster declaration provides
Individual Assistance (assistance to individuals and households), and Public Assistance (Categories
A and B) - debris removal and Emergency Protective Measures), for the counties of Los Angeles,
Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura. All counties in the
State of California are eligible to apply for assistance under the Hazard Mitigation Grant Program
through FEMA, Region IX. (See Federal Declaration attached as Exhibit D).
ACTIONS TO DATE BY CITY STAFF
The City Manager initially authorized $30,000, per Municipal Code Section 2.56.090 (C) (4) as
referenced through the City Council Resolution No. 07-91, from General Fund Fund Balance to
obtain emergency resources in order for City staff to respond to the wind and fire damage and
related needs. The City Manager is authorized through the Municipal Code referenced to "obtain
vital supplies, equipment, and other resources needed for the preservation of life and property..."
when an emergency is proclaimed. The schedule summarizes the estimated expenditures incurred
to date and the projected future costs, as follows:
CITY OF TEMECULA, CALIFORNIA
SOUTHERN CAUFORNIA WIND AND FIRE EXPENDITURES - 10/2007
Category
Custodial supplies - Shelters
Phone line modifcations required at EOC (Fire Station 84)
Water & Food & Supplies
Tree damage and debris removal
City Staff Time
Amount
$ 3,400.00
3,200.00
12,950.00
35,450.00
35,000.00
$ 90,000.00
Total
FISCAL IMPACT: A total appropriation of $90,000 from General Fund Fund Balance is
necessary to fund emergency and disaster relief related expenditures. Staff will continue to monitor
the expenditures and resources until the damage and fire threats are mitigated and also reconcile all
expenditures advanced. Additionally, under the Federal Declaration, the CityofTemecula is eligible
for and City staff will aggressively seek full reimbursement for all eligible costs incurred to date
through FEMA under the Hazard Mitigation Grant Program.
ATTACHMENTS:
Exhibit A - City Declaration of Emergency
Exhibit B - County Declaration of Emergency
Exhibit C - State Declaration of Emergency
Exhibit D - Federal Declaration of Emergency
Exhibit A
RESOLUTION NO. 07.91
A RESOLUTION OF THECITV COUNCIL OF THE CITY
OF TEMECULA DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY UNDER GOVERNMENT CODE
SECTION 8630 AND CHAPTER NO. 2.68 OF THE
TEMECULA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. Government Code Section 8630 authorizes the City Council to
proclaim the existence of a "local emergency"; and
A. Government Code Section 8558(c) defines a "local emergency" to
include "conditions of disaster or of extreme peril to the safety of persons and property
within the territorial limits of a county, city and county, or city, caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy
shortage, plant or animal infestation or disease, the Governor's warning of an
earthquake, or volcanic prediction, or an earthquake or other conditions, other than
conditions resulting from a labor controversy, which conditions are likely to be beyond
the control of the services, personnel, equipment and facilities of that political
subdivision and require the combined forces of other political subdivisions to combat";
and
B. Conditions of extreme peril to the safety of persons and property
began on October 20,2007 due to severely high and damaging winds and wildfires; and
C. These conditions have resulted in damage to power lines, streets,
private homes, businesses, government infrastructure, and falling trees, blowing sand
and debris removal within the City of T emecula; and
D. The damaging winds and wildfires have created extremely dangerous
conditions in the City of Temecula and surrounding communities and have resulted in
extreme peril to the safety o.f persons and property; and
E. The unprecedented number of evacuees throughout Southern
California has necessitated the opening of three shelters in the City of Temecula to
shelter not only those displaced by the wildfires in Riverside County but those in
surrounding Counties; and
F. Conditions described above are beyond the capabilities and control of
the services, personnel, equipment and facilities of the City and require the combined
foreasof other political subdivisions; and
R:/Resos 2007/Resos 07-91
, .
G. The Governor of the State of California, Arnold Schwarzenegger,
proclaimed on October 21, 2007 a State of Emergency for the County of Riverside as a
result of the wildfires which were exacerbated by this wind event;
Section 2. The City Council of the City of Temecula, in the County of Riverside,
State of California, in regular session assembled on October 23, 2007, declares that an
emergency now exists within said City.
A. During the existence of said emergency, powers, functions, and duties
of the Disaster Director and the Emergency Management Organization of the City of
Temecula shall be those prescribed by State law and the ordinances, resolutions, and
approved plans of the City of Temecula in order to mitigate. the effects of said
emergency.
B. All City officials and employees cooperate and coordinate efforts with
officials and employees of other political subdivisions and officials and employees of the
state and federal government in bringing the present condition of local emergency and
disaster under control.
C. Within the next fourteen (14) days a report on the most recent
conditions of emergency and disaster be presented to this City Council so that this
Council may determine whether conditions of emergency and disaster still exist.
Section 3. City Clerk Susan W. Jones, Recovery Manager, is hereby designated
as the authorized representative of the City of Temecula for the purpose of receipt,
processing and coordination of all inquiries and requirements necessary to obtain
available state and federal assistance.
Section 4. It is therefore ordered that a copy of this resolution be forwarded to
the Governor of California with the request that he pursue a Presidential Declaration.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23rd day of October, 2007. /');J /1 r f. Il . ........
lffU)tur
.. Cfjk Washin~ton, Mayor
[SEAL]
R:/Resos 2007/Resos 07-91
2
. .
.~
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07-91 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 23rd day of October, 2007, by the
following vote: .
AYES:
5
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar, Roberts,
Washington
NOES:
o
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
ABSENT: 0
ABSTAIN: 0
None
None
iJ1~
Sus n W. Jones, MMC
City Clerk
R:/Resos 2007/Resos 07-91
3
Exhibit B
RIVERSIDE COUNTY
FIRE DEPARTMENT
-I
210 West San Jacinto Avenue . Perris, California 92570 . (951) 940-6900 . Fax (951) 940-6910
John R. Hawkins
Fire Chief
Proudly serving the
unincorporated
areas of Riverside
County and the
Cities of: October 23, 2007
Banning
.:+
.:.
Mr. Stephen Sellers
Governor's Office of Emergency Services
4671 Liberty Avenue
Los Alamitos, CA 90720-515
Beaumont
Calimesa
.:+
Canyon Lake
.:.
Coachella
+:.
Dear Mr. Sellers:
Desert Hot Springs
.:.
.:.
On behalf of the County of Riverside, we are requesting that you forward the attached
Proclamation of a Local Emergency due to a major Santa Ana wind storm resulting in
Countywide damages, to the Governor. The County is requesting that the Governor
revise the Governor's State Proclamation to include Wind Damage, and that the
Governor request a Presidential Declaration.
Indian Wells
Indio
+:.
Lake Elsinore
.:.
La Quinta
.:.
If you have any questions, please do not hesitate to contact me.
Moreno Valley
+:.
+:.
Sincerely,
C(t;JOhn R. Hawkins
ou~Br.e ~_ .-:?
1ff~fk0~~
By: Mary MorEJI d
Deputy D'r ctor
Riversid 'j ounty Fire Dept.
Office of Emergency Services
Palm Desert
Perris
.:.
Rancho Mirage
.:.
San Jacinto
+:.
Temecula
Board of Supervisors
Bob Buster,
District 1
John Tavaglione,
District 2
cc: Melanie Ingram, Senior ESC, State OES
Jeff Stone,
District 3
MM:ar
Roy Wilson,
District 4
Enclosure
_-.Marion_ A.sl1ley-'--__ __
District 5
lJ
Ie
SUBMITTAL TO THE 'BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: Riverside County Fire Department
Office of Emergency Services
SUBMITTAL DATE
October 22, 2007
SUBJECT: Declaration of Local Emergency in Riverside County due to severely high and
damaging winds.
RECOMMENDED MOTION: That the Board of Supervisors adopt Resolution No. 2007- 484
declaring a Local Emergency within Riverside County due to severely high and damaging winds.
BACKGROUND: Conditions of extreme peril to the safety of persons and property arose within
the County of Riverside due to high and damaging winds commencing on October 20,2007.
~ Riverside County is included in a State of Emergency declaration by Governor SChwarzenegger,
~ who proclaimed a State of Emergency in the counties of Los Angeles, Orange, Riverside, San
~ Bernardino, San Diego, Santa Barbara, and Ventura due to more than eleven major wildfires.-
~ However, it is apparent that much of the damage in Riverside County is related to wind damage,
~ not wildfire; therefore, it is requested that the Board of Supervisors Proclaim a Local Emergency by
~ adoption of Resolution 2007- 484 declaring the Local Emergency and ask for state and federal
~ assistance.
FINANCIAL Current F.Y. Total Cost:
DATA - Current F.Y. Net County Cost:
Annual Net County Cost:
SOURCE OF FUNDS:
() -- Q- I! .
I ~;(lJujlfL~-(/L/
MarY~elal"i~, Deputy Director for
John R. H~~kins, County Fire Chief
$ In Current Year Budget:
$ Budget Adjustment:
$ For Fiscal Year:
Positions To Be D
Deleted Per A-30
Requires 4/5 Vote I D
C.E.O. RECOMMENDATION:
.~
'0
a.
.~
'0
a. County Executive Office Signature
1ZI fiI
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Ashley, seconded by Supervisor Buster and duly calTied,
IT WAS ORDERED that the above matter is approved as recommended.
Ayes: Buster, Tavaglione and Ashley
Nays: None _ ._",' ':- ~<._\,l 3; j)TancyRomero
Abs~nt: Stone and Wilson ~u\i} V~!- ::' v ._0' C~lJ~
Date. _ October 23, 2007 -C--' ~ . -~~ I ( _ _
xc: Fire, OES, E.O., Auditor, Governor q' . Deputy
c C
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~ _ h ~h
v'
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
29
30
RESOLUTION DECLARING THE EXISTENCE
OFA
LOCAL EMERGENCY
Board of Suoervisors
Countv of Riverside
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
RESOLUTION NO. 2007- 484
RESOLUTION DECLARING THE EXISTENCE OF A LOCAL EMERGENCY UNDER
GOVERNMENT CODE SECTION 8630 AND COUNTY ORDINANCE NO. 533.5
WHEREAS, Government Code Section 8630 authorizes the Board of Supervisors
to proclaim the existence of a "local emergency"; and
WHEREAS, Government Code Section 8558(c) defines a "local emergency" to
include "conditions of. qisaster or of extreme peril to the safety of persons and property
within the territoriaJ -limits of a county, city and county, or city, caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy..
shortage, plant or animal infestation or disease, the Governor's warning of an earthquake,
or volcanic prediction, or an earthquake or other conditions, other than conditions resulting
from a labor controversy, which conditions are likely to be beyond the control of the
services, personnel, equipment and facilities of that political subdivision and require the
combined forces of other political subdivisions to combat"; and
WHEREAS, conditions of extreme peril to the safety of persons and property began
on October 20, 2007 due to severely high and damaging winds; and
WHEREAS, the high and damaging winds have created. extremely dangerous
conditions in Riverside County and have res~lted in extreme peril to the safety of persons
and property; and
WHEREAS, the winds have resulted in damage to power lines, streets, private
homes, businesses, government infrastructure, and falling trees, blowing sand and debris
removal have occurred within Riverside County; and
10.23.07 3.45b
:i
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
29
30
WHEREAS, conditions described above were beyond the capabilities and control of
the services, personnel, equipment and facilities of the County and required the combined
forces of other political subdivisions; and
WHEREAS, the Governor of the State of California, Arnold Schwarzenegger,
proclaimed on October 21, 2007 a State of Emergency for the County of Riverside as a
result of the wildfires which were exacerbated by this wind event; now therefore
BE IT RESOLVED AND DECLARED by the Board of Supervisors of the County of
Riverside, State of California, in regular session assembled on October 23, 2007 that an
emergency now exists within said County.
BE IT FURTHER RESOLVED AND ORDERED that during the existence of said
emergency, powers, functions, and duties of the Director of Emergency Services and the -
Emergency Management Organization of Riverside County shall be those prescribed by ..
State law and the ordinances, resolutions, and approved plans of the County of Riverside
in order to mitigate the effects of said emergency.
BE IT FURTHER RESOLVED AND ORDERED that all County officials and
employees cooperate and coordinate efforts with officials and employees of other political
subdivisions and officials and employees of the state and federal government in bringing
the present condition of local emergency and disaster under control.
BE IT FURTHER RESOLVED AND ORDERED that within the next fourteen (14)
days a report on the most recent conditions of emergency and disaster be presented to
this Board of Supervisors so that this Board may determine whether conditions of
emergency and disaster still exist.
BE IT FURTHER RESOLVED AND ORDERED that Robert Byrd, Auditor
ContrQller, is hereby designated as the authorized representative of the County of
Riverside for the purpose of receipt, processing and coordination of all inquiries and
,
requirements necessary to obtain available state and federal assistance.
BE IT FURTHER RESOLVED AND ORDERED that a copy of this resolution be
forwarded to the Governor of California with the request that he pursue a Presidential
Declaration.
ADOPTED by Riverside County Board of Supervisors on October 23, 2007, by the
following vote: ,I f . _'. .,.. .... _ 'M'.'. .,..,.", '.'''',r,\! r)~ a
- - --- ----ROLL- - CliL:C-:--- - --- ------ ---- -------- - - -- -- ~ - --- - -- - -- -- ---ie~~fg~~~~[;j\~/~dl;~)~~::;';~;~~:1i;~:;;~f:~~~~f:~t~~;cl~t;f-$uf;er-- - - -------- ---- - - -
visors on the date tb~3!r'~ln sot Tenn.
Buster, Tavaglione and Ashley N .1 ,," . J:'l'Y~iE -.0 C1erl, or said 8 ",I'd
None
Wilson and Stone
Ayes:
Nays:
Absent:
10.23.07 3.45b
Exhibit C
Office of the Governor of the State ofCalifomia
Page 1 of2
11..._"'"
,- ..
< ^
I .~ =
. .
~- ~
11- $-
,~~""
Office of the Governor
l'IP.NOLD SCHWl'IP.ZENEGGEP.
THE PEOPLE'S GOVEP.NOP.
PRESS RELEASE
10/21/2007 GAAS :835:07 FOR IM11EDIA TE RELEASE
Governor Schwarzenegger Proclaims State of Emergency in Southern California
Counties Due to Wildfires
Governor Schwarzenegger tonight proclaimed a State of Emergency in the cOlmties of Los Angeles, Orange,
Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura due to more than eleven major wildfires.
Throughout the region, more than 30,000 acres have already burned, and more areas are threatened. The wildfires
have caused the loss of human life and serious injuries. They have burned a number of homes, businesses and other
structures. Residents have been evacuated in dangerous areas.
The Governor's emergency proclamation allows the state Office of Emergency Services (OES) to deploy emergen~
personnel, equipment and facilities and provide local government assistance lll1der the authority of the California
Disaster Assistance Act. Below is the full text:
A PROCLAMATION
BY TIlE GOVERNOR OF TIlE ST A IE OF CALIFORNIA
WHEREA.S on October 21, 2007, there are more than eleven major wildfires burning in southern California;
end
WHEREA.S the wildfrres are being driven by dry conditions and high winds, and these conditions are
expected to continue for several days; and
WHEREA.S more than 20,000 acres have already burned, and more areas are threatened; and
WHEREA.S the wildfrres have already caused the loss of human life and serious injuries; and
WHEREA.S homes, businesses and other struchJres have burned; and
WHEREA.S residents have been evacuated in many commlll1ities and several highways and local roads have
been closed; and
WHEREA.S the wildfrres have disrupted a major electrical transmission line and caused power outages; and
WHEREA.S on October 21, 2007, my Office of Emergency Services requested federal Fire Management
Assistance Grants for many of the fires to ensure that adequate fmancial resources are available to rapidly attack the
fires and reimburse critical emergency response costs; and
WHEREA.S some colll1ties have already issued local proclamations of emergency regarding the wildfrres,
requesting that I issue a state proclamation of emergency, and more local proclamations of emergency are
anticipated; and
http://gov.ca.gov/index.php? /print-versionlpress-releaseI7788/
10/3012007
Office of the Governor of the State of California
Page 2 of2
WHEREAS these wildfires, by reason of their magnitude, are beyond the control of the services, personnel,
equipment and facilities of any single county, city and county, or city and require the combined forces of a mutual
aid region or regions to corn bat; and
WHEREAS under the provisions of section 8558(b) of the California Government Code, I find that. because
of the wildfires, conditions of extreme peril to the safety of persons and property exist in the counties of Los
Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER. Governor of the State of California, in
accordance with the authority vested in me by the State Constitution and the California Emergency Services Act, an
in particular, section 8625 of the California Government Code, HEREBY PROCLAIM A STATE OF
EMERGENCY to exist within the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa
Barbara and Ventura.
IT IS HEREBY ORDERED that all agencies of the state government utilize and employ state personnel,
equipment and facilities for the performance of any and all activities consistent with the direction of my Office of
Emergency Services (OES) and the State Emergency Plan, and that OES provide local government assistance under
the authority of the California Disaster Assistance Act
I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the
Secretary of State and that widespread publicity and notice be given of this proclamation.
IN WITNESS WHEREOF I have hereunto set my hand an<
caused the Great Seal of the State of California to be affixe
this 21st Day of October 2007.
ARNOLD SCHWARZENEGGER
Governor of California
ATTEST
DEBRA BOWEN
Secretary of State
http:// gov.ca.gov /index. php ?/print- version/press-release/7788/
10/30/2007
Exhibit D
FEMA: National Situation Update: Thursday, October 25, 2007
Page 1 of3
~i'~t FEMA
~~
,~"
National Situation Update: Thursday, October 25, 2007
Homeland Security Threat Level: YELLOW (ELEVATED).
Southern California Wildfires Update
According to its midnight update, the NRCC Planning Section reported the following status to the
vvi1dfires in Southern California:
Canyon Fire: Malibu, Los Angeles COlllIty (FMAG approved)
4,500 acres burned, 100% contained.
Ranch Fire: Castaic, Los Angeles COlllIty (FMAG approved)
51,337 acres burned, 10% contained.
Harris Fire: San Diego COllllty (FMAG approved)
73,000 acres burned, 10% contained.
Witch Fire: San Diego COllllty (FMAG approved)
196,420 acres burned, 10% contained.
Buckweed Fire: Los Angeles COllllty (FMAG approved)
38,356 acres burned, 94% contained.
Santiago Fire: Irvine, Orange COllllty (FMAG approved)
19,191 acres burned, 50% percent contained.
Grass Valley ISlide: San Bernardino COllllty (FMAG approved)
11,152 acres burned, 0% contained.
Rice Fire: San Diego COllllty (FMAG approved)
7,500 acres burned, 10% contained.
Rosa Fire: Riverside COllllty
411 acres burned, 100% contained.
Poomacha Fire: San Diego COllllty
25,000 acres burned, 0% contained.
Ammo Fire: San Diego COllllty
350 acres burned, 0% contained.
There are currently 33,985 structures threatened and 2,205 structures that have been destroyed.
Approximately 427,217 acres have burned vvith 70% of all acres being in San Diego COllllty. One
death has been confirmed and there have been 38 injuries. Three deaths were previously being
reported but confirmation was received from the San Diego COllllty Coroner that only one of the
three deaths was a direct result of the fire. The latest power outage figures from Department of
Energy were as of3:00 p.m. EDT on Thursday, Oct 24. Total outages were reported to be 25,235, as
follows:
San Diego Gas & Electric - 23,000
Southern California Edison - 2,235. (FEMA NRCC Planning Section, NICC, OES)
http://www.fema.gov/emergencylreports/2007/natl02507.shtm
10/3012007
FEMA: National Situation Update: Thursday, October 25,2007
Page 2 of3
Federal Actions
The President has signed Major Disaster Declaration FEMA-1731-DR for the State of California for
Wildfires that occurred October 21,2007 and continuing. The disaster declaration provides
Individual Assistance (assistance to individuals and households), and Public Assistance (Categories
A and B) - debris removal and Emergency Protective Measures), for the counties of Los Angeles,
Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura. All counties in the State
of California are eligible to apply for assistance under the Hazard Mitigation Grant Program. (FEMA,
Region IX)
California Weather
Santa Ana winds that have fanned wildfires in Southern California are forecasted to diminish
overnight and become light and variable. These weakening winds, accompanied by slight cooling,
may bring more favorable conditions to the area and help firefighters gain control ofthe fires.
Humidity is expected to remain low although higher than previous days, which may also bring some
reliefto the affected areas.
Temperatures will mostly remain above average with highs in the 80s and 90s. (Media sources,
NWS)
Fire Relief
A reprieve may be on the way for one of the most difficult wildfires in Southern California's history.
The fires are still burning in the San Diego area, where California Office of Emergency Services
(OES) reports approximately 321,000 evacuees and 19,440 individuals in shelters. (FEMA Region
IX, California Office of Emergency Services, Los Angeles County Fire Department, CA Dept of
Forestry and Fire Protection, NWS)
National Weather
Northeast
Showers are expected to linger from southern Pennsylvania and New Jersey southward. Morning
showers are forecasted for southern New England and Long Island.
Temperatures will be in the 50s and 60s.
Midwest
A stalled upper-air low may bring light, scattered showers to the Ohio Valley, Kentucky and southern
Missouri while sunny, dry conditions are forecast for the Upper Midwest and Great Lakes.
Highs will range from the 50s and 60s across the Mississippi and Ohio Valleys to the 70s over the
western portions of South Dakota, Nebraska and Kansas.
South
A slow moving front across the mid-Atlantic may bring rain to parts of North Carolina and Virginia.
This front may also bring showers and thunderstorms to south Florida.
High temperatures will range from the 50s across lower Mississippi Valley to the 80s in the Florida
Peninsula and west and southern Texas.
http://www.fema.gov /emergency /reports/2007 /natl 02507. shtm
10/30/2007
FEMA: National Situation Update: Thursday, October 25,2007
Page 3 of3
Northwest
A Pacific cold front will trigger showers from southern Oregon to western Montana, and snow in the
south-central portion of Montana.
Highs are expected to be in the 40s and 50s across the Northwest.
Tropical Weather Outlook
Atlantic - Carib bean Sea - Gulf of Mexico
Shower and thunderstorm activity associated with a low pressure area located just northeast of the
northern Leeward Islands remains poorly organized. Upper-level winds are expected to remain
unfavorable for significant development of this system as it moves slowly westward or west-
southwestward during the next couple of days.
Shower activity has decreased this evening in association with the area of disturbed weather over the
central Caribbean Sea. Development ofthis system, if any, should be slow to occur.
Tropical cyclone formation is not expected during the next 48 hours.
Eastern and Central Pacific:
Tropical cyclone formation is not expected during the next 48 hours.
Western Pacific:
No current tropical cyclone warnings. (NOAA, National Hurricane Center, Central Pacific Hurricane
Center and the Joint Typhoon Warning Center)
Earthquake Activity
On Wednesday, October 24,2007 at 05:51 p.rn. EDT, an earthquake measuring 7.1 struck Central
Sumatra, Indonesia with a depth of 18.6 miles. A local Tsunami watch was issued and ended within
an hour. There were no reports of damage or injuries.
There was no significant earthquakes in the United States during the last 24 hours. (USGS,
Earthquake Hazards Program, Alaska Earthquake Information Center, NOAA, Pacific Tsunami
Warning Center)
Preliminary Damage Assessments
Indiana - PDAs for Individual Assistance (IA) for three counties to survey damage from the October
18, 2007 severe storm and tornado are scheduled to begin today.
Disaster Declaration Activity
Major Disaster Declaration FEMA-1731-DR was approved on October 24,2007 for Southern
California wildfires beginning on October 21,2007, and continuing. (FEMA HQ)
http://www.fema.gov /emergency /reports/2007 /natI 02507. shtm
10/30/2007
ITEM NO.7
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
November 6, 2007
SUBJECT:
Microsoft Software Licenses - Annual Renewal
RECOMMENDATION: That the City Council authorize the annual purchase of Microsoft
Client Access Licenses (CAL), Windows Server 2003, and SQL database 2005 Software from
CompuCom Systems Inc. for $67,773.65.
BACKGROUND: The City is currently enrolled in a Riverside County sponsored
Microsoft Enterprise Agreement, which makes the City fully compliant with software copyright
regulations. City automation systems are standardized on Microsoft platforms that ensure ease of
integration and full functionality. This agreement locks in a competitively bid government volume
price and guarantees software assurance for all similar Microsoft products for the next five years.
This is the second year of a five-year agreement totaling $338,868.25, it will be equally divided and
be separately budgeted in each fiscal year.
The Microsoft Enterprise Agreement is available on the State of California County Information
Services Directors Association (CCISA) Multiple Award Schedules under Microsoft State and Local
Enterprise Agreement. The competitively quoted price is provided by an authorized CCISA
contractor. Under this agreement, it is within the City's discretion to take advantage of the pricing on
another governmental entity contract. The contract is made available for use by State of California
agencies and any city, county, or local governmental agency empowered to expend public funds.
Therefore, this purchase is exempt from competitive bidding requirements. Staff's research has
determined that the CCISA price is the most competitive and that there are no local vendors on the
CCISA suppliers list. Also, it has been determined that the CCISA program is consistent with the
City's procurement policies and regulations and that it is used by many cities as an industry
standard. The attached enrollment form is for the purchase of Microsoft licenses from CompuCom
Systems Inc.
FISCAL IMPACT: $67,773.65 was appropriated in the 2007-08 Fiscal Year Budget for
the Information Services Internal Services fund.
ATTACHMENTS:
CompuCom Systems Inc. Enterprise Agreement Enrollment/Quote
ComDuCom - software auote
Quoted bv Sam Andrews. ComouCom. 10415 Old Placerville_ Suite 235, Sacramento CA 95827
----
Phone 818-988-2195 sam.andrewsilllcompucom.com
1 Please fax your POs to Client Assistance Center at 800-366-9994. You may
call 800-400-9852, olJtion 2. to check status on orders.
Ouoted tQ; Ci!y of Temecula
Tim Thorson
tim. thorsQn@citv.0t...Elmecula.org
Date 8/23/2006
5-vear EA Renewal Quote
Important: Please provide the email address of the recipient designated to I
1 receive a ComDuCom "order confirmation" I
~-
25 1269-05924 Office Pro Lic/SA $ 97.60 I $ 2,440.00 I
275 IE85-01014 Windows Pro SA On Iv $ 28.74 I $ 7,903.50 1
125 IE85-01013 Windows Pro Lic/SA $ 33.60 I $ 840.00'1.
1275 IW06-00019 Core CAL SA Onlv Ifrom BO CAL) $ 35.30 1 $ 9,707.50 1
l~~..~ig~=~~~~lV~m~
118 IP73-00202 Windows Server Standard Lic/SA $ 190.68 i $ 3,432.24 1
110 1359-00851 SOL Server CAL Device CAL Lic/SA $ 42.70 1 $ 427.00 1
1 1 ISOL Server Standard Edtn Win32 1-Processor 1 1
2 228-03161 Lic/SA $ 1,523.39 $ 3,046.78
11 1312-02356 1 Exchanqe Server Lic/SA 1 $ 185.461 $ 185.46
11 1 E84-00372 IISA Server Standard Edtn 1-Processor Lic/SA I $ 343.861 $ 343.86
I Icontent Management Server Standard Edtn 1- 1 I
1 R92-00028 Processor Lic/SA $ 1,858.19 $ 1,858.19
2 IF1P-00206 iVisuaIStudioProw/MSDNPremiumLic/SA 1$ 560.741$ 1,121.48
MS Exchange Hosted Filtering (monthly
subscription @ $0.70 per month x 12 months)
Per User
1
1
I
1
1
1
I
I
IYour Annual EA Price 15-vear EA)
1 total oi5 vears of payments =
300
$
8.50 $ 2,550.0Q..
1$
I
1$
1
1$
1$
1
1 No Charqe 1
1 $ 67,773.65 1
$ 338,868.25 1 1
I 1
1
62,898.98 1
1
62,898.98 1
4,874.671
'0_."
ITEM NO.8
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
November 6, 2007
SUBJECT:
Engineering/Maintenance Facility Computer Equipment Purchase
RECOM M ENDA TION: That the City Council authorize the purchase of Hewlett Packard (HP)
computer equipment for the total amount of $11,985.30, which includes shipping and applicable
sales tax.
BACKGROUND: The City of Temecula recently completed the new
Engineering/Maintenance Facility. HP Servers, switches and network security devices were
purchased under a previous purchase order. This purchase exceeds the City Managers spending
limit. On September 4, 2007 the City Manager approved a purchase for $28,910.02 from HP for the
new maintenance facility. With the additional purchase of $11,985.30 the total amount purchased
from HP will exceed $30,000, therefore City Council action is required for this purchase. The items
in this purchase include flat panel displays and thin client PC's.
HP computing equipment is available on Western States Contract Alliance II (WSCAII). These
competitively, quoted prices are provided by an authorized WSCA II contractor. Under this
agreement, it would be within the City's discretion to take advantage of the pricing on another
governmental entity contract. The contract is made available for use by State of California agencies
and any city, county or local governmental agency empowered to expend public funds. Therefore,
this purchase would be exempt from competitive bidding requirements. Staff's research has
determined that the WSCA II pricing is the most competitive. Also, it has been determined that the
WSCA program is consistent with the City's procurement policies and regulations and that it is used
by many cities as an industry standard.
FISCAL IMPACT: Adequate funds are available in Fiscal Year 2007-2008
Engineering/Maintenance Facility, Furniture Fixtures & Equipment (FF&E) budget.
ATTACHMENTS:
HP Public Sector Price Quote - WSCA II
ONLINE PRICE QUOTATION
Quote Number: 1441546
Today's Date: 10/15/20074:23:05 PM
Created By:
!Qm.hafeli@citvoftemecula.org
Quote Name: FOe Equip
Quote Created Date: 10/15/20074:15:04 PM
Contract: CA - STATE OF CALIFORNIA (WSCAII) (A63309-
. CA)
,
Product availability and product discontinuation are subject to change without notice. Th~ prices in this quotation a~e valid
for 3!l days from quote date above. Please include the quote number and contract from thIs quote o.n the corresponding
purchase order.
items/description part no unit price qty ext price
Belkin 14 ft Cat5e Patch Cable AH122AA $4.00 10 $40.00
HP L 1940T 19-inch LCD Flat Panel Monitor - EM869AA#ABA $225.00 10 $2,250.00
Analog/Digital
RA315AA#ABA - HP Compaq t5720
HP Compaq t5720 Thin Client - 1.0 GHz CPU
1.0Ghz Processor
Microsoft@Windows@XP Embedded SP2
1GB Flash, 512MB DDR SDRAM
SiS741GX Integrated/UMA graphics with 16 MB shared
graphics memory ,
Six USB ports (2 fronU4 rear), 1 serial, 1 parallel, RJ-45,
1 PCI expansion, 2 PS/2
1/8-inch mini in and out, full 16-bit stereo
10/100 Base T Fast Ethernet NIC
Internet Explorer 6.0
Altiris Deployment Solution
Microsoft RDP 5.2 and Citrix ICA 9.0.
HP PS/2 Scroll mouse
HP PS/2 standard keyboard
3-Year IilTlited worldwide warranty, 24x7 phone support
ProCurve Switch zI2410/100/1000 PoE Mod
24-pbrt101100/1000 PoE module for 5400 series
switches
Base
RA315AA#ABA
Included
Included
Included
Included
$652.00
$6,520.00
10
Included
Included
Included
Included
Included
Included
Included
Included
Included
J8702A
$2,239.00
$2,239.00
1
SubTotal:
CA Recycling Fee Total:
Tax:
$11,049.00
$80.00
$856.30
Total:
$11,985.30
California law requires collection of an advance recycling fee for certain products. Applicable mandatory
advance recycling fees may be added to your invoice. For more information, please go to
httb:/Iwww.ho.comlllolhwrecvcle
The terms and conditions of the CA - STATE OF CALIFORNIA (WSCAU) will apply to any order placed asa
result of this inquiry, no other terms or conditions shall apply.
ITEM NO.9
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
November 6, 2007
SUBJECT:
First Amendment to the Agreement for Consultant Services between the City of
Temecula and Environmental Science Associates for the Preparation of a
Supplemental Environmental Impact Report for the Temecula Regional Hospital
Project
PREPARED BY:
Emery J. Papp, Senior Planner
RECOMMENDATION: Approve an amended contract with Environmental Science Associates
(ESA) to prepare a Supplemental Environmental Impact Report (SEIR) for the Temecula Regional
Hospital project in the amount of $24,000.
BACKGROUND: On July 24,2007, the City Council awarded a contract to ESA in the
amount of $67,500 to prepare a Supplemental Environmental Impact Report (SEIR) for the
Temecula Regional Hospital Project. The preparation of the SEIR is in response to a Riverside
County Superior Court writ of mandate requiring further analysis of issues related to:
1. Hydrology and Groundwater - Potential impacts related to off-site leaking underground fuel
tanks and contaminated groundwater plume;
2. Noise Issues - Potential impacts related to noise from construction operations and
emergency vehicle siren noise;
3. Traffic/Circulation Issues - Clearly identify which traffic mitigation measures are project
specific mitigation and which are cumulative project mitigation.
Throughout the process of preparing the SEI R, the scope of services was modified by staff,
requiring Consultant to work directly with sub-consultants also assigned to the SEI R for the
Temecula Regional Hospital and to assist with their efforts related to traffic mitigation, noise
mitigation, and existing groundwater contamination investigation and mitigation. As a result of the
modified scope of services, ESA has requested an additional $24,000 to complete the work. The
proposed contract amendment compensates ESA for additional time and resources expended in
this effort.
The Applicant, Universal Health Services, Inc. (UHS), has been informed of the requested amended
contract amount and has provided written confirmation of its acceptance of the amended scope of
services and additional funds requested.
FISCAL IMPACT: Payments to ESA will be paid from a Trust Account established for the
Applicant (UHS) and adequate funds will be deposited into this account by the Applicant upon
execution of the contract. All consultant fees will be paid in accordance with the approved fee
schedule shown in Attachment "A" of the Amended Agreement for Consulting Services.
ATTACHMENTS:
First Amendment to the Agreement for Consultant Services
Original Agreement for Consultant Services
FIRST AMENDMENT TO AGREEMENT BElWEEN CITY OF TEMECULA AND
ENVIRONMENTAL SCIENCE ASSOCIATES FOR
PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE
TEMECULA REGIONAL HOSPITAL PROJECT
THIS FIRST AMENDMENT is made and entered into as of November 6, 2007, by and
between the City of Temecula ("City"), a municipal corporation, and Environmental Science
Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On July 24, 2007 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for preparation of a supplemental
environmental impact report for the Temecula Regional Hospital project", in the amount of
$67,500 plus a 10% contingency.
b. The parties now desire to increase the payment for services in the
amount of $24,000 and amend the Agreement as set forth in this Amendment.
2. Section 5A Payment of the Agreement is hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment
rates and schedules and terms set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though
set forth in full. The first amendment amount shall not exceed twenty-four
thousand dollars and no cents ($24,000.00) for additional environmental
impact report preparation services for a total agreement amount of ninety-one
thousand five-hundred fifty dollars and no cents ($91,500.00).
3. Exhibit B to the Agreement is hereby amended by adding thereto the items set
forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as
though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
C:\Program Files (x86)\Neevia.Com\Document Converter\temp\861797.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:
Chuck Washington, Mayor
ATTEST:
BY:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
BY:
Peter M. Thorson, City Attorney
Attn: Eric Ruby
9191 Towne Center Drive, Suite 340
San Diego, CA 92122
(858) 638-0900
(858) 638-0920 Fax
CONSULTANT (Two Signatures are
Required for Corporations)
BY:
(Signature)
NAME:
(Printed Named)
TITLE:
BY:
(Signature)
NAME:
(Printed Named)
TITLE:
2
C:\Program Files (x86)\Neevia.Com\Document Converter\temp\861797.doc
ATTACHMENT A
EXHIBIT B
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
Scope of Work
Task 1 - Project Management/Coordination: The previously approved scope of work included
approximately 63 hours for project management/coordination, with the assumption that the
project would be completed within 5 months (December 2007). Consultant is now at the
approximate 3 month mark and submission of the Administrative Draft SEIR is scheduled to
occur in October. Consultant requires additional scope/costs to cover additional management
and coordination of project activities. Consultant has assumed approximately 50 hours a month
for the months (October 2007 through December 2007).
Additiona/ cost:
$7,000
Task 2 - Draft SEIR: Additional work will be required to address the City's comments on the
Administrative Draft SEIR and submit a second Administrative Draft SEIR to the City for final
review before the Second Screencheck Draft SEIR is circulated to the City. Substantial
additional work was completed to reconstruct the traffic & circulation, noise, and soils & Geology
section of the Draft SEIR. This task includes revisions to the SEIR based on City's comments as
well as printing costs for 15 copies of the DEIR. This task also assumes the costs associated
with the items in the bulleted list:
. The transportation analysis was significantly more complicated than anticipated, which
required meetings with the City, and the transportation consultant.
. The work that Consultant has completed with the City and traffic consultant to develop a
revised traffic report and corresponding SEIR traffic section to address the new 2025
analysis with the Eastern Bypass, the new Margarita Road segment analysis data, and
revised mitigation measure discussion and summary has required more meetings,
coordination and document preparation than anticipated.
. The work that Consultant has completed to assist the project team with their additional
technical studies (Noise, Soils) and CEQAlentitlement strategy, including additional
meetings and coordination.
Additiona/ cost:
$17,000
Task 3 - Final EIR: Consultant and City assume the existing scope is adequate, which includes
the preparation of one Administrative Final SEIR containing proposed responses to comments
and revisions to the Draft SEIR. The cost estimate for this task assumes that a maximum of 20
comment letters will be received on the Draft SEIR. In the event that that the public comments
on the Draft SEIR are greater than expected, Consultant will meet with the City to adjust the
work program/budget as necessary.
3
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Project Costs
The following additional budget is requested to complete the work on the Temecula Regional
Hospital project:
. Task 1 - Project Management/Coordination:$7,000
. Task 2 - Draft SEIR
$17.000
Total:
$24,000
4
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c'7- ~31
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE
CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE
ASSOCIATES
PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR THE TEMECULA REGIONAL HOSPITAL
PROJECT
THIS AGREEMENT is made and effective as of July 24, 2007, between the City of
Temecula, a municipal corporation ("City") and Environmental Science Associates
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM. This Agreement shall commence oh July 24,2007, and shall remair. and
continue in effect until tasks described herein are completed, but in no event later than June 30,
2008, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in
Exhibit A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. 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 177:;.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 Bother
than the payment rates and schedule of payment are null and void. This amount shall not
exceed $67,500.00 for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
B. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultanl at the time City's written
authorization is given to Consultant for the performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement but in no event shall the total sum of the agreement exceed seventy-four thousand
two hundred fifty dollars ($74,250). 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 an 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, sus"end
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination shall not
make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Consultant will submilan invoice to the City pursuant
to Section 5.
7. DEFAULT OF CONSULTANT.
A. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Consultant. If such failure by the Consultant to make
progress in the performance of work hereunder arises out of causes beyond the Consultant's
control, and without fault or negligence of the Consultant, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Consultant with written notice of the default. The Consultant shall have (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of
time, the City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
9. 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 ac"cordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. Consultant shall provide free access to the
representatives of City or its designees at reasonable times to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts there from as necessary, and shall allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files
containing data generated for the work, surveys, notes, and other documents prepared in the
course of providing the services to be performed pursuant to this Agreement shall become the
sole property of the City and may be used, reused or otherwise disposed of by the City without
the permission of the Consultant. With respect to computer files containing data generated for
the work, Consultant shall make available to the City, upon reasonable written request by the
City, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
10, INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and
hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including
attorney fees and expert witness fees, or liability of any kind or nature which the City, Dfstrict,
and/or Agency, its officers, agents and employees may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
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.
11. INSURANCE REQUIREMENTS,
A. Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00
01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no
automobiles, a non-owned auto endorsement to the General Liability policy described above
is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
C. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other
form with a general aggregate limit is used, either the general aggregate limit shall opply
separately to this projecVlocation or the general aggregate limit shall be twice the required
occurrence limit.
2)
property damage.
Automobile Liability: $1,000,000 per accident for bodily injury and
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or
disease.
4) Professional Liability coverage: One million ($1,000,000) per
claim and in aggregate.
D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-Insured
retentions as respects the City, its officers, officials, employees and volunteers; or the
Consultant shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
E. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities performed by or on behalf
of the Consultant; products and completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers, officials, employees
and volunteers. Any insurance or self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, its
officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be cancelled before the expiration date the issuing
insurer will endeavor to mail thirty (30) days' prior written notice to the City.
6) If Insurance coverage is cancelled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from the insurer, phone,
fax, and lor notify the City via certified mail, retum receipt requested of the changes to or
cancellation of the policy.
F. 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.
G. Verification of Coveralle. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are
to be on forms provided by the City. All endorsements are to be received and approved by
the City before work commences. As an alternative to the City's forms, the Consultant's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
12. 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.
13. 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.
14. RELEASE OF INFORMATION.
A. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the
right by City to control, direct, or rewrite said response.
15, NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express,
that provides a receipt showing date and time of delivery, or (iii) mailing in the United States
Mail, certified mail. postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by Noti.:e.
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 ofTemecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
To Consultant:
Environmental Science Associates
Eric Ruby, Vice President/Regional Director
Christopher Knopp, Project Manager
9191 Towne Center Drive, Suite 340
San Diego, CA 92122
16. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment
for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Consultant.
17, 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.
18. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
19. 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 offictlr 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.
20. 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.
21. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consuitant 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
executed the day and year first above written.
c2mMEC
caused this Agreement to be
,
~LJL
rz.
,
Peter M. Thorson, City Attorney
CONSULTANT:
Environmental Science Associates
Eric Ruby, Vice PresidenURegional Director
Christopher Knopp, Project Manager
9191 Towne Center Drive, Suite 340
San Diego, CA 92122
By: /~~4f--
Name: F-l21L~, l2.bIf..'1
J
Title: I} .P.
By: f!-) 7lA... J~ Db:.
.......-. .
Name: h'tr-V-f W ~ OA--rcj
Title: (JdrJI D e"j-j
[Signatures of Two Corporate Officers Required]
EXHIBIT A
SCOPE OF WORK
Environmental Science Associates ("Consultant") and City Staff ("City") will perform the
following tasks pursuant to the terms of this Contract:
Scope of Work
This scope of work has been developed based upon discussion between City and Consultant,
available project and Superior Court documents and information, CEQA statute and guidelines,
and assumes that all project technical studies (noise, traffic, hazardous waste), engineering,
architecture, .Iandscape architecture and land planning will be completed by others. The scope
of work also assumes that all technical reports provided to Consultant are adequate for
incorporation into the SEIR.
Task 1 - Project Management/Coordination
Project management/coordination and attendance at meetings will occur under this task.
Consultant agrees to approximately 12 hours per month for project management/coordination
for the duration of the project. Consultant has included costs for meetings with City staff and the
project team, attendance at Planning COmmission and City Council public hearings.
Task 2 - Draft Supplemental EIR
Consultant will prepare an Administrative Draft Supplemental EIR for review by the City and the
project team. The Administrative Draft SEIR will be prepared in accordance with the provisions
of Sections 15163 of the CEQA Guidelines. It will include the above outlined specific CEQA-
required sections and will incorporate the balance of the CEQA sections contained in the
original EIR by reference.
Notice of Preparation flnitial Study I Scoping
City will prepare a Notice of Preparation (NOP) for the proposed project to solicit input into the
content of the SEIR. Based on the Writ of mandate, the following environmental issues have
been identified in the NOP as being evaluated in the SEIR: Noise, traffic, hazardous waster and
alternative sites. Consultant will attend the July 12th scoping session at no cost to the City. The
City assumes responsibility for all CEQA and public hearing noticing and advertising costs.
Technical studies are currently underway. Consultant will begin working on the Administrative
Draft SEIR during the NOP process and submit draft sections of the document to the City before
the entire document is complete to expedite review. The following outline provides the proposed
organization of the Draft SEIR:
Executive Summary: The executive summary is intended to encapsulate the entire Draft SEIR in
order to provide a quick understanding of the project's potential impacts. It will identify, in an
overview fashion, the proposed project and its objectives including any design features of the
project which will be implemented. The executive summary will briefly discuss the environmental
impacts associated with project implementation (whether beneficial or adverse, significant as
well as insignificant), and will contain a summary analysis of the alternatives to the proposed
project. In addition the executive summary will provide an overview of the court's action and
how each writ of mandate issues will be addressed in the SEIR.
Section 1.0 - Introduction: The introduction will include the purpose of an SEIR and procedural
information. A detailed discussion of the Writ of Mandate and SEIR structure will be included in
the introduction as well as a summary of the incorporation by reference process. In addition the
introduction will summarize all of the impact analysis contained in the original Draft EIR.
Section 2.0 - Proiect Descriotion: The project description will be based on existing information
and include the project location and setting, site characteristics, project objectives and the
characteristics of the project. This section will also include the requested permits and approvals
for the proposed project. In addition, this section will include a discussion of the past, present,
and reasonably foreseeable future projects and activities in the surrounding areas that will serve
as the basis for the cumulative impact analysis.
Section 3.0 - Environmental Impact Analysis: For each potentially significant issue identified in
the NOP, this section of the SEIR will include a discussion of the environmental setting, project
impacts, cumulative impacts, project design features, level of significance before mitigation,
mitigation measures, and the level of significance after mitigation. The assessment of impacts
will be consistent with CEQA requirements and will utilize defined thresholds of significance to
determine the impacts of the proposed project. Consultant will be responsible for the
preparation of the technical analysis with regard to the environmental issues Identified in Task 3
below.
Section 4.0 - Alternatives: A new alternative site has been identified, located at Cherry Street
and Dendy Parkway at the site of the former Temecula Education Center. Several alternatives
have already been developed for the project in the previous EIR and will be incorporated by
reference. For the purposes of this proposal, a total of one alternative site in addition to the
mandatory no project alternative will be considered in this section of the SEIR. For each
alternative, a description of the alternative, consideration of the alternative's feasibility in relation
to the basic objectives of the project (established by the applicant and the City), and a
comparative analysis of the environmental impacts attributable to the alternative versus those
associated with the proposed project for each of the environmental categories discussed above
will be provided. Consideration of any further alternatives which may be required will result in
modifications to the project budget.
Sectirm !).O - '-(Jna-term Imolications of the Prooosed Project: Consultant will prepare the
following CEQA required analysis sections: significant irreversible environmental changes and
growth.inducing impacts.
Section 6.0 - Persons and Oroanizations Consulted/References: Consultant will prepare this
section of the SEIR to document all persons and sources that contributed to the environmental
analysis.
Subsequent to review by City and the project team of the Screencheck Draft SEIR, Consultant
wili prepare the Draft SEIR which incorporates final changes. Changes should be minimal due
to early consultation with the City, previous approval of technical reports by City personnel, and
submittal of the Screencheck Draft SEIR. This scope of work assumes two rounds of screen
check Draft SEIR review. Copies of the Draft SEIR, including technical appendices, will be
provided for distribution. Consultant will prepare the Notice of Completion prior to public
circulation of the Draft SEIR and will assist the City in transmitting the required copies to the
State Ciearinghouse and required agencies.
Task 3 - Final SEIRlFlndings/Mitigation Monitoring
At the conclusion of the public review period, Consultant will work with City to obtain all
comments received on the Draft SEIR. An Administrative Final SEiR containing proposed
responses to comments and revisions to the Draft SEIR, where required, will be prepared once
all comments are received. It is assumed that if required, the applicant's technical consultants
will provide any and all necessary input to the responses to comment letters that may be
required.
For the purposes of this proposal, it is assumed that public reaction to the document will be
limited to a maximum of 20 comment letters. In the event that the public comments on the Draft
SEIR are greater than expected, Consultant will meet with City to adjust the work
program/budget as necessary. An Administrative Final SEIR will be submitted to the City for
review.
Upon incorporation of comments on the Administrative Final SEIR, Consultant will prepare a
Screencheck Final SEIR for submittal to the City and project team. Consultant will provide two
rounds of screen check for the Final SEIR review.
Subsequent to City review of the Screencheck Final SEIR, Consultant will prepare the Finai
SEIR, including findings. It is understood that Consultant would only prepare the Statement of
Overriding Considerations, which incorporates final changes, as an optional task. Consultant will
assist the City in transmitting the required copies to the State Clearinghouse, required agencies
and commentators.
Consultant will prepare a detailed Mitigation Monitoring and Reporting Program (MMRP) in
accordance with Section 15063 of the CEQA Guidelines in response to any significant
environmental impacts that may be identified to result from the proposed development. The
MMRP will be submitted with the Final SEIR.
Environmental Issues
Based on Consultant's knowledge of the project and Writ of Mandate requirements, !he
following issues will be addressed in the SEIR:
Hazardous Materials / Groundwater Qualitv
The project site could potentially be subject to hazardous materials associated with an adjacent
contaminated groundwater plume. This analysis will be based on a City/applicant supplied
technical report. Development could alter on-site surface and groundwater drainage patterns
and new storm drains/water quality features may be proposed for incorporation into the project.
Implementation of the project could result in potential increases in interaction with the
contaminated groundwater plume.
Tasks
. Consultant will summarize soilfgeotechnical and hazardous materials reports, which are
anticipated to include the geologic setting of the project area, including bedrock types,
structures, geologic history, physiographic province, contaminated groundwater plume
information, active or potentially active earthquake faults. anticipated erosion and sedimentation
during construction, and feasible mitigation measures, if required.
. Consultant will summarize hydrologic and drainage reports, which are anticipated to include a
description of existing site conditions, existing watershed, drainage facilities, hydrology, and
sediment yield characteristics, regulatory background, potential surface runoff, flooding and
sediment yield, and mitigation measures, if required.
. Consultant will summarize water quality report which is anticipated to include and describe
existing site conditions including drainage, adequacy of local storm drainage infrastructure,
regional water quality including surface water and groundwater, and mitigation measures to
comply with regulatory requirements, if required.
Traffic and Circulation
The proposed project will increase vehicular traffic in the project area and a revised traffic study
will be required. Increased traffic associated with development of the proposed project could
result in impacts to area intersections and circulation pattems. Particular attention will be !liven
to ensuring that project specific and cumulative traffic impacts are clearly identified separately
and that required mitigation is adequately structured to create the required nexus between
impact, mitigation and level of significance following mitigation. Consultant's analysis of potential
traffic and circulation impacts will entail review of the traffic report and incorporation of the report
into the SEIR.
Tasks
. Consultant will summarize the traffic analysis which is anticipated to include a description of
project area roadways, eXisting traffic volumes and intersection conditions, applicable plans and
policies, construction and operational impacts, and mitigation measures, if required.
. Consultant will analyze the key intersections and roadway segments based on project phases
under the following conditions:
. Existing Conditions
. Existing + ApprovedfPending Projects Conditions
. Existing + ApprovedfPending Projects
. Existing + ApprovedfPending Projects
. Future Conditions + Full Project
. Consultant will review project access, on-site circulation and parking requirements.
. Consultant will clearly identify project specific and cumulative impact traffic mitigation
measures and clearly identify the nexus between the impact and mitigation measure. It is
understood that referring to a regional traffic facility improvement fee (TUMF) was deemed not
to be adequate mitigation by the Court. A nexus between project traffic impacts and TUMF
funded improvements will be documented.
Noise
Noise generated by construction and operational activities within the site and operational noise
associated with emergency vehicles (sirens) would increase noise single event and CNEL noise
levels as a result of an increase in local traffic and operational activities. This analysis will be
based on the technical acoustical report prepared by others, traffic report and operational data
supplied by the applicant.
Tasks
. Consultant will describe and discuss existing major noise sources at the project site,
particularly the noise from adjacent land uses and roadways.
. Consultant will summarize state and local noise policies, regulations, and standards as they
pertain to the proposed project.
. Consultant will identify noise-sensitive land uses or activities in the vicinity of the project site,
and along roads providing access to the project site, that would be affected by development of
the proposed project.
. Consultant will discuss the potential for on-site construction activities to affect nearby
residences and other sensitive receptors. This discussion will be based upon proposed
construction activities and scheduling information provided by the applicant. Alternatively, this
discussion will be based upon peak noise levels generated by an assumed standard mix of
construction equipment and activities.
. Consultant will identify noise impacts associated with emergency vehicle sirens and quantify
the level of impact.
. Consultant will identify cumulative development in the project area (Le., development that is
under formal consideration or has been approved, and discuss the potential for cumulative
development to adversely affect noise-sensitive land uses.
. Consultant will identify practical, feasible and clear measures to mitigate the adverse impacts
of the project on noise. Mitigation measures will be developed in consultation with the City and
responsible agencies as appropriate.
Cumulative Imoacts
Implementation of the proposed project could contribute to cumulative impacts in the region.
Cumulative impacts and mitigation measures will be documented and will be easily
differentiated from project specific impacts and mitigation measures.
Tasks
. Consultant will compile a list of projects in the project viCinity in cooperation with the City and
based on information provided in the traffic report.
. Consultant will address the cumulative impacts of the proposed project in conjunction with
other uses, existing and proposed, in the surrounding area.
. Consultant will identify measures that would reduce cumulative impacts of the project to the
City.
Alternative Site Analvsis
Pursuant to Section 15126.6 of the CEQA Guidelines, an alternative site or alternative location
to the currently proposed site/location will be identified, evaluated and compared and contrasted
with the impacts associated with the proposed project site. An altemative site has been located
at Cherry Street and Dendy Parkway at the location of the former Temecula Education Center.
Tasks
. Consultant will clearly identify the process employed for selection of the alternative site and
document impacts associated with the alternative site for each environmental factor contained in
the original Draft EIR.
. Consultant will document the environmental setting, and impacts associated with
implementation of the. project at the alternative site. Identify any required mWgation measures.
. Consultant will determine if implementation of the project at the alternative site will reduce or
eliminate impacts associated with the proposed project at its currently proposed location.
. If the alternative site does not reduce identified environmental effects and/or is not feasible,
Consultant will provide the basis for rejection of the alternative.
Dotional Air Qualitv Analvsis Task
Site preparation and construction activities, as well as operational characteristics, could
generate substantial short term temporary and long term operational emissions of particulates
and other criteria air pollutants that may exceed significance thresholds. Stationary and mobile
source emissions associated with the project may result in project emissions that exceed South
Coast Air Quality Management District (SCAQMD) thresholds of significance. These new
emissions, added to existing sources of air pollution and cumulative development planned for
the area, could contribute to the degraded air quality within the Air Basin.
Tasks
. Consultant will review local and regional climate, meteorology, and topography as they ~ffGct
the accumulation or dispersal of air pollutants.
. Consultant wili identify federal, state, and local regulatory agencies responsible for air quality
management, and summarize pertinent federal, state, and local air quality policies, regulations
and standards as they pertain to the proposed project site.
. Consultant will summarize current air quality conditions and recent trends (last three years) in
the project area on the basis of the annual air quality monitoring data summaries published by
the Air Resources Board (ARB).
. Consultant will discuss SCAQMD projections of future air quality trends over the life of the
project as presented in the most recent Air Quality Management Plan (AQMP), and the
assumptions upon which the projections are based. Consultant will identify any policies or goals
embodied in the AQMP that would apply to the proposed project site.
. Consultant will identify air pollutant-sensitive land uses or activities in the vicinity of the project
site or along roads providing access to the project site.
. Consultant will describe the SCAQMD air quality impact significance thresholds for new
developments.
. Consultant will discuss, at an appropriate level of detail, the potential for short-term emissions
of criteria air pollutants (those for which the U.S. Environmental Protection Agency has
established ambient air quality standards) generated by construction activities.
. Consultant will use URBEMIS 2007, version 9.2 air quality model to prepare a daily inventory
of criteria air pollutant and carbon dioxide emissions for the proposed project.
. Consultant will discuss the potential for air pollutant emissions from development in the project
area to adversely affect sensitive land uses or activities, or to impede attainment of state or
federal air quality goals.
. Consultant will discuss conformance of the project with the AQMP, and determine whether
identified air quality impacts would meet any 5CAQMD thresholds of significance.
. Consultant will summarize statewide planning efforts relative to climate change and the
generation of greenhouse gas emissions, including Assembly Bill 32, Executive order 5-01-07,
and the reporting and recommendations to date of the California EPA Climate Action Team.
Consultant will present discussion about how the California Code of Regulations Title 24
requires the construction of new energy efficient buildings that result in less greenhouse gas
emissions. .
. Consultant will identify the greenhouse gas analysis recommendations of the Association of
Environmental Professionals (AEP) as presented in its Alternative Approaches to Analyzing
Greenhouse Gas Emissions and Global Climate Change in CEQA Documents, recently finalized
on June 29, 2007. Recommend AEP endorsed feasible mitigation measures to help the
proposed hospital reduce greenhouse gas without any major project redesigns, such as
encouraging recycling, landscaping recommendations, increased building efficiency, use of
energy efficient appliances, use of highly efficient compact fluorescent lighting, worker
carpooling, and pedestrian friendly design features, to reduce the project's contribution to
greenhouse gas emissions.
. Consultant will identify cumulative development in the area (i.e., development that has been
approved or is in-process) and discuss the potential for cumulative development to adversely
affect air quality or impedeallainment of air quality goals.
. Consultant will identify practical, feasible and clear measures to mitigate the adverse impacts
of the project on air quality that are identified in the analysis. Mitigation measures will be
developed in consultation with the Authority as appropriate.
. Consultant will quantify project impacts and evaluate whether mitigation measures would
reduce the impacts below a level of significance. Identify the parties responsible for
implementing each measure. Incorporate standard mitigations provided by the City, as
appropriate. Consultant has been listed by the Califomia Climate Registry as a firm qualified to
perform baseline emission inventories for greenhouse gases. Consultant has been
implementing greenhouse gas emissions analyses for the past 8 months and has responded to
comments from local air districts and the state attomey general.
EXHIBIT B
PAYMENT RATES AND SCHEDULE
1. Consultant agrees to perform services stipulated by this contract based on the amount of
$67,500.00 as indicated below:
COST ESTIMATE - TEMECULA HOSPITAL SEIR
TASK
COST
:; ~,500
~ ;1,';:00
S , fo,tOD
S 7.500
-~Hf, . - ?n~jeci M.:inJI;o?ni~..ttC':":'~::Ir",j,:I~....."'~1~.;.tin;J:"?ubl c He3r1n~~
-~:f. 2 - C'3t ~;:'R'
-~:~. :. - Filla! ;!;:J~..F.e~pcnG€ tl) c.orm'.:o..ts. J
Optlcna] .:.. r C'u;;-t1:j' .!;.,nati~l~ T3!:~r. -I\(.t In,:lude:hn To:.:t c.o:t
R.:Jn'l:una::,.; E:..::~n5.;..3 !.Il-h"li5':: ';Oi:YlnIJ. n"le3;1&, p~13t~lo;.;. .;.::.; 3
Dl'O.Jlr,bJit Rei=ro'::lJcti~ln - .A.2'~Vl1j'::'S 75 Co:.o E-S ~,f [1$;:IR ,s. ,,5 :::'~I -505 Qf me
Fi":.. s=r~ ;. mi3C re~rl;dllo:.:l.)"
::; 1.250
:; fr.750
TellJI
S 67.50010
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2. Conference calls and attendance at Planning Commission and City Council Hearings
shall be at no additional cost unless as stipulated by this contract.
3. All incidental costs to Consultant associated with performing the stipulated tasks of this
contract (i.e. telephone bill, computer, travel expenses, duplicating costs, etc.) shall be
assumed to be built-in to the approved payment rate, unless alternative arrangements
are pre-authorized by the City.
01-2'3,
.
DATE {MMIDD/YYl
08/1512007
THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ACORD
CERTIFICATE OE-UABILlTY INSURANCE
PRODUCER
Woodruff-Sawyer & Co.
220 Bush St., 7th Floor
San Francisco CA 94104
(415) 391-2141
INSURED
Environmental Science Associates
225 Bush Street, Snite 1700
San Francisco, CA 94104
INSURERS AFFORDING COVERAGE
INSURERA'. Greenwich Insurance Co.
I'NSURER., XL Specialty Insurance Comoany
I INSURER c:
I INSURER 0:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
I~i': TYPE Of INSURANCE POUCY NUMBER p~N.~~:r.f6g;wr
A GENERAL llABIUTY
X COMMERCIAL GENERAL llABILrTY
= ~ CLAIMS MADE ~ OCCUR
X Contractual Liability
I
GEN'l AGGREGATE LIMIT APPLIES PER:
I POLICY rxl ~~RT nLOC
A AUTOMOBILE UABIUTY
l AAY AUTO
ALL OINNEO AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
X Deductible: $5,000
I
GARAGE LIABILITY
~ NN AUTO
EXCESS LIABILITY
~ OCCUR D ClAIMS MADE
~ DEDUCTIBLE
RETENTION $
B WORKERS COMPENSATlON AND
EMPLOYERS' UABILlTY
GECOOl336704
01/0 1/2007
Pg~tgr(W~~~N 1
01/01/2008 I EACH OCCURRENCE
I FIRE. DAMAGE CArlv one tirol
I MEn EXP (Mvono Derson)
I PERSONAL & ADV INJURY
I GENERAl AGGREGATE
LIMITS
$ 1.000.000
. 1.000..000
5..000
$ 1.000.000
$ 2.000.000
$. 2.000.000
$ 1,000,000
$
$
$
EA ACC $
AGG S
s
s
s
I
I
1,000,000 I
1,000.000
1.000.000
1,000,000
2,000,000
100.000
PRODUCTS. COMP/OP AGG
AEC001336504
01101/2007
01/01/2008 COMBINED SINGLE LIMIT
(Eaacc;idenl)
I BOOIL Y INJURY
(Perpersoo)
I BODILY INJURY
(Peraccidenl)
A OTHER Professional Liability
Coverage A
Claims-Made Form
DESCRIPTION OF OPERATIONSJLOCATIONSNEHIClESJEXCWSIONS ADDED 8Y ENDORSEMENTISPECtAL PROVISIONS
D207434.00. Temecula Hospital Supplemental EIR. As respects Commercial General Liability and Commercial Auto, the city, its officers, officials,
employees and volunteers are named Additional Insured as per attached forms CG2037(07/04), CG20 I 0(07/04) and 133799, Coverage is primary and
non-contributory.
PROPERTY DAMAGE
(Per accident)
AUTO ONLY - EA ACCIDENT S
OTHER THAN
AUTO ONLY:
WECOOi337404
$
$
$
$
I X'-' WeST'TU. I 10TH- ..
,- I'TnI'l'V j lMITR F:R
I E.L EACH ACCIDENT S
I E.l. DISEASE. EA EMPLOYEE $
E.L. DISEASE, POLICY LIMIT S
EACH OCCURRENCE
I AGGREGATE
I
I
01/0112007
--OilOI12008
PECOOl336804
01/01/2007
01/01/2008
Limit Each Claim
Aggregate Limit
Self-Insured Ret.
CANCELLATION 10 Day Notice for Non~Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED YO THE LEFT, BVT FAILURE TO 00 SO SHALL
IMPOIS NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
I AUTHORIZED REPRESENTATIVE
CERTiFICATE HOLDER
1 ADDITIONAL INSURED: INSURER LETTER:
City ofTemecula
43200 Business Park Drive
Temecula, CA 92590
, LOAN #:
ACORD 25.S (7/97) 10 #:
~
,
lilACORD CORPORATION 1988
01-n{
MINUTE ACTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA. CALIFORNIA
DATE:
MEETING OF:
July 26, 2007
July 24, 2007
AGENDA ITEM NUMBER: 10
SUBJECT:
Aoreement for Consultino Services between the City of Temecula and ESA
Associates for the oreoaration of a SUQp/emental Environmental Imoact
Reeolt for the Temecula Reaional Hoseilal Proiect
The motion was made by Council Member Comerchero, seconded by Council Member Roberts,
to approve staff recommendation.
RECOMMENDATION:
10.1 Approve a Contract with ESA Associates to prepare a Supplemental Environmental/mpact
Report (SEIR) for the Temecula Regional Hospital project in the amount of $67,500;
10.2 Authorize the City Manager to approve extra work authorizations not to exceed the
contingency amount of $6,750, which is equal to 10% of the agreement amount.
The motion carried by the fOllowing vote:
AYES: 5
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar, Roberts,
Washington
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
None
None
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecu/a, California, DO HEREBY CERTIFY.
under penalty of pe~ury, the foregoing to be the official action taken by the City Council at the
above meeting
aye hereunto set my hand and seal this 26th day of July, 2007.
[SEAL]
R:lMinutes OrderslO72407
ITEM NO.1 0
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
November 6, 2007
SUBJECT:
First Amendment to the Agreement for Consultant Services between the City of
Temecula and Linscott, Law & Greenspan, engineers for the Preparation of
Traffic Study Services for a Supplemental Environmental Impact Report for the
Temecula Regional Hospital Project
PREPARED BY:
Emery J. Papp, Senior Planner
RECOMMENDATION: Approve an amended contract with Linscott, Law & Greenspan,
engineers (LLG) for the preparation of traffic study services for a Supplemental Environmental
Impact Report for the Temecula Regional Hospital project in the amount of $15,978.
BACKGROUND: On June 26,2007, the City Manager authorized a contract with LLG,
engineers in the amount of $22,200 to prepare a Traffic Study for a Supplemental Environmental
Impact Report (SEIR) for the Temecula Regional Hospital Project. The preparation of the SEIR is in
response to a Riverside County Superior Court writ of mandate requiring further analysis of issues
related to:
1. Hydrology and Groundwater - Potential impacts related to off-site leaking underground fuel
tanks and contaminated groundwater plume;
2. Noise Issues - Potential impacts related to noise from construction operations and
emergency vehicle siren noise;
3. Traffic/Circulation Issues - Clearly identify which traffic mitigation measures are project
specific mitigation and which are cumulative project mitigation.
Throughout the process of preparing the SEI R, the scope of services for the traffic study was
modified by staff, requiring Consultant to analyze additional street segments and intersections, and
to propose traffic mitigation measures for incorporation into the SEI R. As a result of the modified
scope of services, LLG has requested an additional $15,978 to complete the work. The proposed
contract amendment compensates LLG for additional time and resources to be expended in this
effort.
The Applicant, Universal Health Services, Inc. (UHS), has been informed of the requested amended
contract amount and has provided written confirmation of its acceptance of the amended scope of
services and additional funds requested.
FISCAL IMPACT: Payments to LLG will be paid from a Trust Account established for the
Applicant (UHS) and adequate funds will be deposited into this account by the Applicant upon
execution of the contract. All consultant fees will be paid in accordance with the approved fee
schedule shown in Attachment "A" of the Amended Agreement for Consulting Services.
ATTACHMENTS:
First Amendment to the Agreement for Consultant Services
Original Agreement for Consultant Services
FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LINSCOTT,
LAW & GREENSPAN ENGINEERS FOR
TRAFFIC STUDY SERVICES FOR PREPARATION OF A SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT FOR THE TEMECULA REGIONAL HOSPITAL
PROJECT
THIS FIRST AMENDMENT is made and entered into as of November 6, 2007, by and
between the City of Temecula ("City"), a municipal corporation, and Linscott, Law &
Greenspan, engineers ("Consultant"). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On July 1, 2007, the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for Traffic Study Services for preparation of a
supplemental environmental impact report for the Temecula Regional Hospital project", in the
amount of $22,200 plus a 10% contingency.
b. The parties now desire to increase the payment for services in the
amount of $15,978 and amend the Agreement as set forth in this Amendment.
2. Section 5A Payment of the Agreement is hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment
rates and schedules and terms set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though
set forth in full. The first amendment amount shall not exceed fifteen thousand
nine-hundred seventy-eight dollars and no cents ($15,978.00) for additional
traffic study services for a total agreement amount of thirty eight thousand
one-hundred seventy-eight dollars and no cents ($38,178.00).
3. Exhibit B to the Agreement is hereby amended by adding thereto the items set
forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as
though set forth in full.
1
C:\Program Files (x86)\Neevia.Com\Document Converter\temp\861794.doc
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Chuck Washington, Mayor
ATTEST:
BY:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
BY:
Peter M. Thorson, City Attorney
Attn: John Boarman
2542 Ruffner Street,
San Diego, CA 92111
(858) 300-8800
(858) 300-8810 Fax
CONSULTANT (Two Signatures are
Required for Corporations)
BY:
(Signature)
NAME:
(Printed Named)
TITLE:
BY:
(Signature)
NAME:
(Printed Named)
TITLE:
2
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ATTACHMENT A
EXHIBIT B
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
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"
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE
CITY OF TEMECULA AND LINSCOTT, LAW & GREENSPAN,
ENGINEERS
TRAFFIC STUDY SERVICES FOR PREPARATION OF A
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE
TEMECULA REGIONAL HOSPITAL PROJECT
THIS AGREEMENT is made and effective as of June 26. 2007, between the City of
Temecull;l, a municipal corporation ("City") and Linscott, law & Greenspan, engineers
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2007, and shall remain and
continue in effect until tasks described herein are completed, but in no event later than June 30,
2008, unless sooner terminated pursuant to the provisions of this Agreement.
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 WAGE~. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office of Temecula. 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 Bother
than the payment rates and schedule of payment are null and void. This amount shall not
exceed $22,200.00 for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
-'
B. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written
authorization is given to Consultant for the perfonnance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement but in no event shall the total sum of the agreement exceed twenty-four thousand
four hundred twenty dollars ($24,420). Any additional work in excess of this amount shall be
approved by the City Council.
C. Consultant will submit invoices monthly for actual services perfonned.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees
it shall give written notice to Consultant within' 30 days of receipt of an invoice of any disputed
fees set forth on the invoice.
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 tennination shall not
make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is tenninated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of
tennination, provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant
to Section 5.
7. DEFAULT OF CONSULTANT.
A. The Consultanfs 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 tenninate 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 perfonnance of any of the tenns or conditions of this Agreement, it shall serve
the Consultant with written notice of the default. The Consultant shall have (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of
time, the City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further. notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
9. OWNERSHIP OF DOCUMENTS.
A. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. Consultant shall provide free access to the
representatives of City or its designees at reasonable times to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts there from as necessary, and shall allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files
containing data generated for the work, surveys, notes, and other documents prepared in the
course of providing the services. to be performed pursuant to this Agreement shall become the
sole property of the City and may be used, reused or otherwise disposed of by the City without
the permission of the Consultant. With respect to computer files containing data generated for
the work, Consultant shall make available to the City, upon reasonable written request by the
City, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
10. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and
'hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including
attorney fees and expert witness fees, or liability of any kind or nature which the City, District,
and/or Agency, its officers, agents and employees may sustain or incur or which may be
. imposed upon them for injury to or death of persons, or damage to property arising out of
Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the City.
11. INSURANCE REQUIREMENTS.
A. Consultant shalf procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Minimum SCODe of Insurance. Coverage shall be at least as broad as:
~..=.
1) Insurance Services Office Commercial General Liability form No.
CG 00 011185 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00
01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no
automobiles, a non-owned auto endorsement to the General Liability policy described above
is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
C. Minimum Limits of Insuranc~. 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)
property damage.
Automobile Liability: $1,000,000 per accident for bodily injury and
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or
disease.
4) Professional Liability coverage: One million ($1,000,000) per
claim and in aggregate.
D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deduct/bles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers; or the
Consultant shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
E. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities performed by or on behalf
of the Consultant; products and completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers, officials, employees
and volunteers. Any insurance or self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, its
officers, officials. employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be cancelled before the expiration date the issuing
insurer will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is cancelled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from the insurer, phone,
fax, and lor notify the City via certified mail, return receipt requested of the changes to or
cancellation of the policy.
F. Acceolabililv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII. unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
G. Verification of Coverape. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are
to be on forms provided by the City. All endorsements are to be received and approved by
the City before work commences. As an alternative to the City's forms, the Consultant's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
12. 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 coritrol 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. El(cept 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.
13. 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.
14. 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 oth.er
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right. but has no obligation, to represent Consultant and/or be present at any
deposition. hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the
right by City to control, direct, or rewrite said response.
15. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (I) personal service. (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express,
that provides a receipt showing date and time of delivery, or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by Notice.
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 ofTemecula
Mailing Address:
P.O. Box 9033
Temecula. California 92589-9033
To Consultant:
Linscott, Law & Greenspan, engineers
John Boarman. Principal
2542 Ruffner Street, Suite 100
San Diego, CA 92111
16. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment
for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Consultant.
17. 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.
18. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
- determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
19. 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.
20. 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.
21. 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.
CITYmrtL
-
Shawn Nelson, City Manager
ATTEST:
J.^..~', ~^~o.. ~ .. () <>.0 ~ .,... : ...1.-
~ '" Susan W. Jones, MMC, City Clerk lI/.-'i" )
Peter M. Thorson, City Attorney
CONSULTANT:
Linscott, Law & Greenspan, engineers
2542 Ruffner Street, Suite 100
San Diego, CA 92111
Att~:-,,-, :::;,;, Principal
-
--
Name; - ----J vU", (3 (J ~J .
..
Title: Pr. f'o- c.: 11ft- L
Or- ~
Name:() . .!f~1ffid;
Title: fRr4l~A/I-
[Signatures of Two Corporate Officers Required]
EXHIBIT A
SCOPE OF WORK
Linscott, Law & Greenspan, engineers ("Consultant") and City Staff rCity") will perform the
following tasks pursuant to the terms of this Contract:
Task 1. Project Mobilization
1.1 Consultant will confirm the development description, work schedule, and assumptions to
be utilized in the traffic study with the City. Discuss assumptions to be used associated
with the project completion year and anticipated phasing, if any. Obtain a currentproject
site plan that illustrates the access scheme to the project site in both hard copy and
digital formats.
1.2 Consultant will contact City staff to discuss the project and analysis criteria, confirm the
study approach, identify pertinent traffic issues and concerns, and formalize the Scope
of Work for the traffic study.
Task 2. Data Collection and Research
2.1: Consultant will visit the project study area to reconfirm existing conditions with respect to
existing site development, local area development, site access, parking use, and areas
of congestion in order to verify our overall understanding of traffic conditions in the area
that might affect this project.
2.2. Consultant will document the existing roadway striping, traffic control measures,
curbside parking restrictions, adjacent intersection configurations, and other pertinent
roadway features.
2.3. Consultant will conduct 2007 AM peak period and PM peak period traffic volume counts
at the following study are intersections. The traffic counts will be conducted between the
hours of 7:00 AM and 9:00 AM and 4:00 PM to 6:00 PM. These traffic volume data will
be utilized in the traffic impact analysis for the project:
. SR-79 South/I-15 SB Ramps
. SR-79 South/l-15 NB Ramps
· SR-79 South/La Paz Street
.SR-79 South/Pechanga Parkway
. SR-79 South/Jedediah Smith Road
· SR-79 South/Avenida De Missiones
. SR-79 South/Redhawk Parkway/Margarita Road
· SR-79 South/Country Glen Way
. SR-79 South/Butterfield Stage Road
. Margarita Road/DePortola Road
2.4. Consultant will conduct 24-hour machine traffic counts (ADT) at the following segments:
. SR-79 South, west of j-15
. SR-79 South, 1-15 to Pechanga Parkway
. SR-79 South, Pechanga Parkway to Margarita Road
· SR-79 South, Margarita Road to Butterfield Stage Road
. Pechanga Parkway, south of SR-79 South
. Butterfield Stage Road, north of SR-79 South
. Butterfield Stage Road, south of SR-79 South
· OePortola Road, west of Margarita Road
2.5. Consultant will research data available at City to obtain recent traffic impact studies
prepared for developments in the project vicinity that may contribute to cumulative
impacts at the study area locations.
2.6. Consultant will determine which long-term traffic model is appropriate to use for this
study. Consultant will review the land use and network assumptions in that modal for
the project site and the immediate area.
Task 3. Trip Generation, Distribution and Assignment
3.1 Consultant will prepare a trip generation forecast for the proposed project in two phases
for a typical weekday over a 24-hour period, as well as for the commuter AM and PM
peak hours.
3.2 Consultant will assign the forecasted AM and PM peak hour trips expected to be
generated by the proposed project to the study intersections based on existing and
anticipated traffic patterns to and from the project site and input from City staff.
3.3 Consultant will prepare trip generation forecasts for the cumulative projects for a typical
weekday over a 24-hour period, as well as for the commuter AM and PM peak hours
utilizing the /TE Trip Generation Handbook. The AM and PM peak hour trips expected
to be generated by the cumulative projects will be distributed and assigned to the local
street system.
3.4 Consultant will develop traffic volume projections for the near-term scenarios.
Task 4. Near- Term Project Evaluation and Mitigation Analysis
4.1 Consultant will prepare AM peak hour and PM peak hour Level of Service (LOS)
calculations at the study intersections for the following near-term scenarios:
. Existing conditions
. Near-Term (Apply Growth Factor) Without Project
. Near-Term with Project Phase I
. Near-Term with entire Project (Phases I & II)
· Near-Term with entire Project (Phases I & II) + Cumulative Projects
4.2 Consultant will assess the impact of the project based on the results of the peak hour
intersection analysis, the city's LOS standards and application of the City's significance
criteria. Based on this assessment, consultant will determine which intersections (if any)
are significantly impacted by the proposed project.
4.3 Consultant will confirm the capacity of the study area roadways and prepare a daily
(ADT) street segment analysis for existing conditions, existing plus project conditions,
and existing plus project cumulative project's conditions.
4.4 Consultant will evaluate the project-related (ADT) growth on the analyzed street
segments. Consultant will determine which street segments are significantly impacted
by the proposed project.
4.5 Consultant will provide recommended mitigation measures which may include
intersection and/or signalization improvements, segment improvements, striping
modifications, the addition of auxiliary turn lanes, traffic control/limitations at site access
points, etc. This contract assumes that any recommended mitigation measures can be
adequately described within the text of the report.
Task 5. Long- Term Analysis
5.1 Consultant will obtain long-term volumes on the street segments within the study area
from the City.
5.2 Consultant will add project traffic to the long-term volumes as appropriate.
5.3 Consultant will determine the street segment LOS with the proposed project.
5.4 Consultant will determine the potential long-term significant impacts and recommend
mitigation measures if necessary.
Task 6, Site Access and Circulation Review
6.1 Consultant will review the proposed site plan and provide recommendations to address
any concerns regarding site access and circulation. Consultant will provide
recommendations regarding the location of site access driveways, the number of
driveways, potential turn restrictions, and connectivity with the internal site circulation
system. Also recommend control type and right-turnlleft-turn lanes as necessary.
Task 7. Preparation of the Traffic Impact Study
7.1 Consultant will prepare a draft traffic impact study in report format that details all of the
above mentioned items, including but not limited to analysis, findings, conclusions and
mitigation measures. The draft report will be suitably documented with tabular, graphic
and appendix materials. The draft traffic study will be submitted to the City for review.
7.2 Consultant will revise the draft traffic impact report one time based on project team
comments and submit a revised traffic study to the City.
Task 8. Attendance at Meetings/Response to Comments
8.1 This contract assumes preparation for and attendance by key consultant personnel at up
to two meetings with City staff, e.g. Planning Commission and City Council public
hearings.
8.2 Consultant will assist the City in responding to comments (up to 4 hours of Principal time
are included)
- .
EXHIBIT B
PAYMENT RATES AND SCHEDULE
1. Consultant agrees to perform services stipulated by this contract based on the amount of
$22,200.00.
2. Conference calls and attendance at Planning Commission and City Council Hearings
shall be at no additional cost unless as stipulated by this contract.
3. All incidental costs to Consultant associated with performing the stipulated tasks of this
contract (Le. telephone bill, computer, travel expenses, duplicating costs, etc.) shall be
assumed to be built-in to the approved payment rate, unless alternative arrangements
are pre-authorized by the City.
ClIsnl#: 5885
LG2WBENGI
AG()1UJ~ CERTIFICATE OF LIABILITY INSURANCE
DAre (MMJDCNY)
06/21/07
THIS CERTIFICATE ISISSUEO AS A MAlTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLPER. THIS CERTIFICATE DOES NDT AMEND, EXTEND OR
ALTER THE COVEAAGE AFFOl!DEI) BY THE POLICIES SELOW.
PRO,l?UCEft
Qe~ley, Renton & ASsociates
P. O. BO~ 10550
Santa An~, CA 02711.0550
714 42t~lil0
INSURERS AFFORDING COVEAAGE
INSURED
"SURERA: United Statss Fidelity & Guaranw
I,.SURER B: 51. Paul Prolectlve Insuranca CO.
I,.SURERC, XL Specially Insurance Co.
I INSURER D:
I INSURER E:
LG2WB Engineers, Inc.
dbo Linscott Lew & Greenspan
1580 Corporale Drive 11122
Cosla Mesa, CA 92626
I
C.OVEAAGES
THE POLICiES OF INSURANCE "LISTED "BELOW HAVE BEEN Issueo TO THE lNSUR5D NAMED ABove FOR THE POLlCY PERIOD INDlCATEO. NOTWITHSTANDING
ANY REQufREMENT. TERM OR CONoitlON OF /lNV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
Mt..Y PERrA,IN; Tt:lE INSIJRANCE AFFORDE!> BY.THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE rERMS. EXctUSIONS AND CONDITIONS OF SUCH
'POllCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .
I~~ . TYPE OF IN$URANCE ~,,)lICY NUMBeR I '"gk!ii.Y(UrL~~RX-T I"'&~~J f'i:':J~reN I u.rrs
A GENERALLIABIUTY BK01196884 09/01/06 09/01107 EACHOCCU"ENCE '.1.000.000
il CoMMERCIAL OEf'tERALLIABILITY . J FIRE OAMAGE{AnyOf1e lil'e) 52.000.000
- :J ClAIMS MADE [Xl OCCUR INOP, CONTRACTORS I .ED EXP'An",.",.""", 1.10.000
X CON~RACTUAL INCLUDED I PERSONAL' ADV 'NJURY 1.1.000.000
I X ,I.lFPD..XCU I GENERALAGOREGATE 1.2.000.000
IG.EN'lAGGREG'-TEUM/TAPPlJESPER; j PRODUCTS .COMPIOPAGG 152.000.000
npOLICY n"oM n LaC I I
A A\lTOMOSlLELlABIUty BK01196864 09/01/06 09/01107 I CO.S1NEOSlNOLEUMIT I
- ANY AUTO (Eucddenl) $2,000,000
A1.l. OWNED AUTOS I BOCILYINJU~ I'.
_ SCHEDULED AUTOS (Per pef8OCl)
X, HIRED AUTOS I BODILY INJURY I.
X NON.QWNED AUTOS (Per acdd'enl)
-I I PROPERTYDMlAGe
I (Pera~enl)
GARAGE llABWTY I AUTO ONLY. EA ACCIDENT S
~ ANY AUTO I OTHER THAN EAACC Is
I AUTO ONlY: AGG I $;
EXC'E:S'$ UABn.1TY I E1\CHOCCURRENCE S
:J 6<:CtlR 0 Cl.AlMS MADE I AGGREGATE .
I .
I I.
I I.
I X 1~~I~J~ I jOm-1
~EACHACC'DENT 1.1.000.000
I E.L DISEASE .EA EMPL OYEEI.1.000.000'
I E..l. DISEASE. pOLICY LIMIT I s1.000..000
$1,000,000 per claim
$2,000,000 annloggr.
~ DEDucn$lE
IR~'N
.
B WORKERS COMPENSAnoN AND
EMPJ;OYfRS'lJA.BILITY
BW02194291
09/01/06
09/01107
C 01'HE"Professlohal
lJablllty
DPR9600416
09/01/06
09/01/07
DESGRlPTION OF OP~RAnONSlLOCATIOHSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability polley excludes claims arisIng out of the performance of profeSSional
services
lte:A11 operatlohs as performed by the named Insurad
The Ciw of Tomecula, 11$ officers, officials, omployees and volUnteers
(Soe Attache.a Descriptions)
~QeRi1FICATE.HGUjER I I ADDrilONAl.INSUR:!D:INSURERLET1ER:
ThO City of Temecula
All: Cynthia LarIccia
PO i;lox 9033
tometula, CA 92589
CANCELLATION .T&n.O:,v,Nntlr:.f:' fnr hfnl1..':;'::Ivment of.PrAmlwn
6HOULD ANYOFTH E ABOVI: DE8CRIB!D POlJelES 8 E CANOElLE'1) BEFORE THE EXPIRATION
DATE THEREOF. THEIS$UING INSURER WIll. ENDI!AVOR TOMAll.ao.-.OA'l1IWRITTEp;j
HOlJC!'ItlTHI! C!RnFICAT!!. HDlDERNAM!DTOTHE LEFT. BUT FAILURE YODOSOSHALl
1M POSE NOOBlIOATlON OR L.lABllrTYOF ANY KJND UPON THE INSURER,ITS AGENTS OR
REPRESENTATiVES.
I~~
.1
ACeRO :lS4l (t~t)l
of2
#$19614~/M170067
RLl
@ ACOIl.D CORPORA110N 1988
AGQR.D~
CERTIIFI~>>E OF LIABILITY INSU~CNEI
l DATE IMMJDDfYY)
06/21/07
THIS CERTIFICATE IS ISSUEO AS A MATlER I.lF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES. NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Oealey. Renton & AssocIates
P. O. Box 10550
Santa Ana, CA 92711-0550
714 427-11810
INSURERS AFFORDING COVERAGE
INSURED
INSUR'R A' United States Fidelity & Guaranty
I INSURER B: St. Paul Protective Insurance CO.
I,NSURERC, XL Specialty Insurance Co.
I INSURER 0:
I INSURER E:
LG2WB Engineers, Inc,
dba Linscott Law & Greenspan
1580 Corporate Drive #122
Costa Mese, CA 92626
t
COVERAGES
THE POLICIES OF INSURANCE LISTED "BELOW HAVE BEEN ISSUEO TO THE INSURED NAMeo ABove FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF PJ.JY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Be ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORceo BY THE POLICIES DESCRIBED HeREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
"iWi . TYPE OF INSURANC!! POl.lCY NUMBER PR~!g!fi~~~1Wr
A GENERAt.l.IAB!UTY BKG1196864
;COMMERCIAL GENERAl.UABILIlY
CLAIMS MADE [Xl OCCUR INDP, CONTRACTORS
X CONTRACTUAL INCLUDED
I X 8FPD. XCU
GEN'LAGGREGATE LIMIT APPlIEs PER:
I POLICY n ~twT n lOC
09/01108
j"'b~l f't:&J=,N 1 l.IMlTS
09/01107 EACH OCCURRENCE I $l.OOD.ODO
I FIRE DAMAGECAnyonG Hrel 152.000.000
I MEO EXP (Any onll DGflIo'll 510.000
I PERSONAL. & AOVINJURY 1$1.000.000
I G'NeRAtAGGREGATE 1.2.000.000
I PRODUCTS .COMPIOPAGG 1$2.000.000
I
A AUTOMOBILE LlA.BILITY BKOl198864
~ ANY AUTO
_ ALL OWNED Auras
SCHEDUlEO AUTOS
..!. HIRED AUTOS
X NONoQWNED AUTOS
GARAGE UABlllTY
~ ANY AUTO
EXCESS UABILllY
=:J OCCUR o CLAIMS MADE
~ DEDUCTIBle
RETENTION .
B WORKERS COMPENSATION AND BW02194291
EMPLOYERS'LIABIUTY
C OTHER Professional DPR9600416
Liability
09/01106
09/01/07
I COMBINED SINGLE UMIT
(EallccldQJ1l)
I eOCll Y INJURY
(Pm person)
I BODILY INJURY
(P4lrilccld~nt)
I PROPERTY CAMAGE
(Perecddelll)
j AUTO aNL Y . EA ACCIDENT I S
EAACC S
AGO $
'2,000,000
.
OTHER THAN
AUTO ONLY:
EACH OCCURRENce
I AGGREGATE
I
I
I
.
I.
/.
X 1~~$T;UI?1; I lO~.
e.L. EACH ACCIDENT $1.000.~00
e.l.CISEASE .EAEMPlOYS" s1.000.000"
E.L. DISEASE . POLICY L1MIT I s1.000.000
$1,900,000 per claim
$2,DDO,000 annl aggr.
09/01/06
09/01/07
09/01/06
09/01/07
DESCRIPTION Of OPERAllQ:NSlLOCATIONSNEHIC LES1eXCLUSIONS ADDED ey ENDORSEMENTISPECIAL PROVISIONS
General Liability policy excludes claims erlsing out 01 the performance of profassional
services
Ite: All operations es performed by the namad Insured
Tha City ofTemecula, Its officers, offIcials, employees and volunteers
(See Attached Descriptions)
CERTIFICATE HOLDER I
I MJDmoNALINSURED:1NSURERlETt'ER:
CANCELLATION TA" nav NntleA for Non.PavmAnt of PrAmlum
SHOULD ANYOFTHE ABOve: DeSCRIBED POUCIESBE CANCr.:LI.EC BEFORE THE EXPiRATION
DATE THEREOF, TttE ISSUING INSUR!R WILL eNDEAVOR TOlIIAIl.3.0....-DAYSWRmEN
N01lCE!TOTHE CER11FICATI! HOLDeRHAMED TOTHE LEFT. BUT FAILURE TODOSOSHALL
IMPOSE NOOBLlOATION OR llABILITVOF AJlYKlND UPON THE lNSURER,lTSAGENTS OR
The City of Temecuia
Att: Cynthia Lariccia
PO Box 9033
Temecuia, CA 92589
REPR'I!SI!NTAnv~!I"
A~_
ACORD 25-5 (7/97)1 of 2
#S196146/M170067
RLL
., ACORD CORPORATION 1966
ITEM NO. 11
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
November 6, 2007
SUBJECT:
Authorize Temporary Street Closures for Santa's Electric Light Parade on
November 30, 2007, and Delegate Authority to issue Special Events/Street
Closures Permit to the Director of Public Works
PREPARED BY:
Dan York, Deputy Director of Public Works/City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
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 SANTA'S ELECTRIC LIGHT PARADE ON NOVEMBER
30, 2007, 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
California Road and Overland Drive is necessary to protect participants and viewers at the Santa's
Electric Light Parade for a period of a few hours beginning at approximately 5:00 PM on Friday,
November 30, 2007. 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 for celebrations, parades, local special events,
and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is
necessary for the safety and protection of persons who are to use that portion of the street during
the temporary closing".
The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards
and procedures for special events on public streets, highways, sidewalks, or public rights-of-way.
This resolution set forth processes for staff reviewing applications, denying approval or approving
subject to conditions including events requiring changes in normal traffic patterns, and an appeal
process to the City Manager. However the resolution did not delegate authorityto 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 "Santa's Electric Light Parade" to the
Director of Public Works/City Engineer. All other special events requiring temporary street closures,
construction-related closures, etc, shall remain subject to the approval of the City Council subject to
rules and regulations established by the City Council. These rules and regulations shall also be
adopted by resolution in accordance with California Vehicular Code Section 21101.
FISCAL IMPACT: The costs of police services, and for provision, placement, and
retrieval of necessary warning and advisory devices by the City Maintenance Department, are
included in budgetary items.
ATTACHMENTS:
1.
2.
Resolution No. 07-_
Parade Route and Limits of Road Closure
RESOLUTION NO. 07-
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 SANTA'S
ELECTRIC LIGHT PARADE ON NOVEMBER 30, 2007, 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 "Santa's Electric 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 "Santa's Electric Light Parade" on Friday,
November 30, 2007; 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, November 30, 2007 beginning at 5:00 PM for the annual "Santa's Electric 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 "Santa's Electric Light Parade" on Friday, November 30, 2007, 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 6th day
of November, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 6th day of November, 2007, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk
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Light Parade Route
ITEM NO. 12
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
November 6, 2007
SUBJECT:
Parcel Map No. 35039, Located on the North Side of Santiago Road at the
Intersection of Santiago Road and John Warner
PREPARED BY:
Dan York, Deputy Director of Public Works/City Engineer
Reza James, Assistant Engineer - Land Development
RECOMMENDATION: That the City Council approve 1) Parcel Map NO.35309 in
conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept
the Bonds as security for the agreement, and 3) Subdivision Monument Agreement and accept the
Bond as security for the agreement.
BACKGROUND: Parcel Map No. 35309 to subdivide approximately 4.2 acres into three
lots of 1 one net acre. Subdivision is located on the north side of Santiago Road at the intersection
of Santiago Road and John Warner Road. Certain street improvements associated with the
development of this map are required. The survey monuments are required to be set.
On December 14, 2006 the Planning Director approved Tentative Parcel Map No. 35309.
The owners of the property:
Have 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 site is currently vacant.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Development Fee Checklist
2. Fees & Securities Report
3. Project Vicinity Map
4. Parcel Map No. 35039
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. PARCEL MAP NO. 35039
Staff reviewed the following fees relative to their applicability to this project
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
This fee will be collected prior to issuance of
grading permits.
Development Impact Fee
This fee will be collected prior to issuance of
building permits.
Quimby park fees
To be paid prior to issuance of building
permit
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP NO. 35039
DATE: October 23,2007
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY
SECURITY
Street and Drainage $ 92,000.00 $ 46,000.00
Water $ 23,000.00 $ 11,500.00
Flood Control $ 73,000.00 $ 36,500.00
TOTAL $ 593,000.00 $ 296,500.00
Monumentation $ 2,000.00 -
DEVELOPMENT FEES
RCFC&WCD (ADP) Fee $ Paid
Development Impact Fee $ *TBD
Quimby park fee $ TBD
SERVICE FEES
Planning Fee $ 319.00
Fire Fee $ 226.00
TCSD Fee $ 155.00
Plan Check Fee $ 2,145.00
Monumentation Inspection Fee $ 300.00
Fees Paid to Date $ 3,145.00.00
Balance of Fees Due $
*To Be Determined
-
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ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
November 6, 2007
SUBJECT:
Parking Restriction - Via La Colorada, Via Perales, Corte Oaxaca, and Kohinoor
Way
PREPARED BY:
Ali Moghadam, Principal Engineer - Traffic
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING A TIME LIMITED PARKING
RESTRICTION ON VIA LA COLORADA FROM DEER HOLLOW
WAY TO CAMINO SAN DIMAS, VIA PERALES FROM VIA LA
COLORADA TO DEER HOLLOW WAY, CORTE OAXACA FROM
VIA PERALES TO END, AND KOHINOOR WAY FROM PEACH
TREE STREET TO END, BETWEEN THE HOURS OF 9 A.M. AND
12 P.M., MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS AS
SHOWN ON EXHIBIT "A".
BACKGROUND: Staff received a petition from the residents of Via La Colorada, Via
Perales, and Corte Oaxaca to evaluate the feasibility of implementing a parking restriction program
to discourage Great Oak High School students from parking on the neighborhood streets. The
petition indicates that of the fifty-eight (58) affected residents on Via La Colorada, Via Perales, and
Corte Oaxaca approximately seventy-nine percent (79%) are in favor of the proposed restriction, five
percent (5%) are opposed and sixteen percent (16%) did not respond.
At their meeting of July 26,2007, the Public/Traffic Safety Commission recommended (4-1) that the
City Council adopt a Resolution establishing a parking restriction on Via La Colorada, Via Perales,
and Corte Oaxaca, from 9 AM to 12 PM, Monday through Friday, except holidays, to maintain
consistency with other school related parking restriction programs.
Because the Commission believed the recommended restriction could potentially shift the student
parking to Kohinoor Way and Jon William Way, the Commission recommended that a similar
parking restriction be considered on the streets in that neighborhood, if desired by the residents.
In August 2007, Staff solicited input (via mail) from seventy-three (73) residents on Kohinoor Way,
Jon William Way, Bijan Court, and Ruth Court in order to determine if there was a need for a parking
restriction on their neighborhood streets. Of the 73 residents solicited, only 43 responded. The
majority of responses were from residents on Kohinoor Way who live closest to Great Oak High
School. The other responses were from residents on Jon William Way, Bijan Court, and Ruth Court,
which did not show a consensus on the need for a parking restriction.
In addition to the solicited responses, staff received a petition from the residents of Kohinoor Way
indicating that of the thirty-three (33) affected residents, approximately eighty-two percent (82%) are
in favor of the 9 AM to 12 PM parking restriction, three percent (3%) are opposed and fifteen percent
(15%) did not respond.
Based on the results of the petition and solicited responses, staff recommends that Kohinoor Way
be included in the parking restriction program.
FISCAL IMPACT: Funds are available in the Fiscal Year 2007-2008 budget in the Public
Works Signing and Striping account
ATTACHMENTS:
1. Resolution No. 2007-_
2. Exhibit "A" - Proposed Parking Restrictions.
3. Exhibit "B" - Public/Traffic Safety Commission Agenda Report and Minutes - July 26,2007
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING A TIME LIMITED PARKING
RESTRICTION ON VIA LA COLORADA FROM DEER HOLLOW
WAY TO CAMINO SAN DIMAS, VIA PERALES FROM VIA LA
COLORADA TO DEER HOLLOW WAY, CORTE OAXACA
FROM VIA PERALES TO END, AND KOHINOOR WAY FROM
PEACH TREE STREET TO END, BElWEEN THE HOURS OF 9
A.M. AND 12 P.M., MONDAY THROUGH FRIDAY, EXCEPT
HOLIDAYS AS SHOWN IN EXHIBIT "A"
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The California Vehicle Code provides local jurisdictions the authority to
establish regulations prohibiting the stopping, standing or parking of vehicles on certain streets
by ordinance or resolution.
A The City Council desires to prohibit the stopping, standing or parking of vehicles
on certain streets during certain hours.
Section 2. Pursuant to Section 10.16.160, of the Temecula Municipal Code, "Parking
Prohibited or Time Limited on Certain Streets", authorizes the City Council to establish parking
prohibitions by resolution on certain streets as shown in Exhibit "A".
A The City Council authorizes the City Engineer to maintain by appropriate signing
and/or markings certain no stopping zones, no parking zones and restricted parking areas.
B. The City Council hereby establishes a time limited parking restriction on Via La
Colorada from Deer Hollow Way to Camino San Dimas, Via Perales from Via La Colorada to
Deer Hollow Way, Corte Oaxaca from Via Perales to End, and Kohinoor Way from Peach Tree
Street to End, between the hours of 9 a.m. and 12 p.m., Monday through Friday, except
Holidays.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 6th day of November, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 6th day of November, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
Proposed Parking Restrictions
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EXHIBIT "B"
AGENDA REPORT
TO:
Public/Traffic Safety Commission
FROM:
AIi Moghadam, P.E., Principal Engineer, Traffic
DATE:
July 26, 2007
SUBJECT:
Item 3
Parking Restriction - Via La Colarada, Via Perales and Corte Oaxaca
RECOMMENDATION:
That the Public/Traffic Safety Commission consider the request and provide direction to staff.
BACKGROUND:
Staff received a petition from the Redhawk Community Association to evaluate the feasibility of
implementing a parking restriction program on Vial La Colarada, Via Perales, and Corte Oaxaca to
discourage Great Oak High School students from parking in the neighborhood. The public has been
notified of the Public/Traffic Safety Commission's consideration of this matter through the agenda
notification process and by written notification.
Via La Colorada is a 44-foot wide residential street that functions as a residential collector providing
direct access to Deer Hollow Way and Redhawk Parkway via Corte Sabrinas for numerous single
family residential units. Presently, on-street parking is allowed on both sides of the street The
prima facie speed limit is posted at 25 MPH on Via La Colorada.
Via Perales is a 40-foot wide residential street that has direct access to Deer Hollow Way and Via
La Colorada. Presently, on-street parking is allowed on both sides of the street The prima facie
speed limit is 25 MPH on Via Perales.
Corte Oaxaca is a 40-foot wide residential cul-de-sac that has direct access to Via Perales.
Presently, on-street parking is allowed on both side of the street The prima facie speed limit is 25
MPH on Corte Oaxaca.
In April 2007, staff received a citizen request to consider implementing a weekday parking restriction
from 6 AM to 12 PM on Via La Colorada to address problems caused by Great Oak High School
students parking on the street Since, the potential parking restriction on Via La Colorada would
affect numerous properties on Via La Colorada and would potentially shift the problem to adjacent
streets; staff requested that a petition be circulated to affected property owners on Via La Colorada,
Via Perales, and Corte Oaxaca indicating their concurrence with the proposed parking restriction
and hours.
r:\traffic\commissn\agenda\2007\0726\vJa la colaradalajp
EXHIBIT "B"
In June 2007, staff received a petition from the affected residents on Via La Colarada between Deer
Hollow Way and Camino San Dimas, Via Perales between Via La Colorada and Deer Hollow Way,
and Corte Oaxaca. The petition indicates that of the 58 affected residents surveyed, approximately
46 (79%) are in favor of the proposed restriction, 3 (5%) are opposed, and 9 (16%) did not respond
to the petition. The table below summarizes the results of the petition by street,
In Favor of Parking Opposed to Parking No Response/No
Restriction Restriction Contact or
Location 6AM to 12 PM 6AM to 12 PM Property Vacant
I Via La Colorada - Deer Hollow
Wav to Camino San Dimas 21 2 7
I Via Perales - Via La Colorada to
Deer Hollow Wav 21 1 2
I Corte Oaxaca 4 0 0
Because the petition indicates that some of the respondents were not the property owners, a written
notice was mailed to the owner of record to solicit their response and to advise them of the
commission's consideration of the proposed parking restriction. A written notice was also delivered
to the non-responding parties in an effort to solicit their response regarding the proposed parking
restriction.
An evaluation of conditions was performed along Via La Colorada, Via Perales, and Corte Oaxaca,
which included a review of the accident history and on-street parking conditions.
A review of the reported accident history for the twenty-four (24) month period from May 1, 2005
through April 30, 2007 indicates that there were no reported accidents on Via La COlorada, Via
Perales, and Corte Oaxaca. This favorable collision history can be attributed to low vehicular
speeds and volumes, familiarity with the roadways and motorists exercising due care when traveling
on these neighborhood streets.
In July, on-street parking data was collected in the morning, over a three (3) day period to determine
the number of vehicles that could potentially be displaced by implementation of a parking restriction
program on Via La COlorada, Via Perales, and Corte Oaxaca. The table below summarizes the
results of the data collection.
Location
I Via La Colorada - Deer Hollow
Wav to Camino San Dimas
I Via Perales - Via La Colorada to
Deer Hollow Way
I Corte Oaxaca - Via Perales to
End of Cul-de-Sac
July 11, 2007
4 (Eastslde)
2 (Westside)
4 (Southside)
7 (Northside)
2 (Eastside)
3 (Westside)
July 12, 2007
6 (Eastside)
3 (Westside)
5 (Southside)
9 (Northside)
2 (Eastside)
2 (Westside)
July 13, 2007
7 (Eastside)
5 (Westside)
5 (Souths ide)
3 (Northside)
1 (Eastside)
1 (Westside)
The results indicate the proposed parking restriction will affect an average of 9 vehicles on Via La
Colorada between Deer Hollow Way and Camino San Dimas, an average of 11 vehicles on Via
Perales, and an average of 3 vehicles on Corte Oaxaca. Since school is not in session at this time,
it is likely that the majority of the parked vehicles belong to residents of the area.
Currently, there are two locations in the City that have a parking restriction program. Both are
located adjacent to schools. On Paseo Gallante, (Helen Hunt Jackson Elementary School) parking
is restricted from 8 AM to 4 PM, Monday through Friday. This restriction was implemented by the
County of Riverside (prior to Redhawk's annexation) to discourage parents from parking in front of
2
r:\traffic\commissn\agenda\2007\0726\via Ja colarada/ajp
EXHIBIT "B"
homes located across the street from the school. In the neighborhood adjacent to Temecula Valley
High School, parking is restricted Monday through Friday from 9 AM to 12 PM. This restriction,
which has been in place for almost 10 years, was implemented to discourage students from parking
on neighborhood streets.
The residents of Vial La COlorada, Via Perales, and Corte Oaxaca are requesting a Monday through
Friday parking restriction to discourage Great Oak High School students from parking in the
neighborhood. Because of the high school's "zero" period, classes that begin before the normal
school hours, the residents have requested a 6 AM to 12 PM parking restriction. The proposed
parking restriction program will likely impact residential on-street parking on Via La Colorada, Via
Perales, and Corte Oaxaca. However, the petition submitted by the residents indicates the majority
of the affected residents are in favor of implementing the proposed parking restriction program and
are willing to accept the inconvenience caused by the restriction.
Staff recommends the Commission consider the request and provide further direction.
Attachment:
1. Exhibit "A" - Location Map
2. Exhibit "B" - Petition
3. Exhibit "C" - Proposed Parking Restriction
3
r:\traffic\commissn\agenda\2007\0726\via la colaradalajp
EXHIBIT "B"
MINUTES OF A REGULAR
MEETING OF THE CITY OF TEMECULA
PUBLlCITRAFFIC SAFETY COMMISSION
JULY 26, 2007
CALL TO ORDER
The City of Temecula PubliclTraffic Safety Commission convened in a regular meeting
at 6:00 p.m. on Thursday, July 26, 2007, in the City Council Chambers of Temecula City
Hall, 43200 Business Park Drive, Temecula, California.
FLAG SALUTE
Commissioner Youmans led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners: Hagel, Ramos, Jacobs, Youmans, and Arbogast
Absent:
None
PUBLIC COMMENTS
A. Mr. Gary Hunter, Murrieta, expressed concern with a citation he received
heading westbound on Ynez Road to Winchester Road, advising that the No right-turn
sign would not be visible and should be enlarged.
COMMISSION CONSENT CALENDAR
1. Minutes of June 28. 2007
RECOMMENDATION:
1.1 Approve the Minutes of June 28, 2007.
MOTION: Commissioner Hagel moved to approve the Consent Calendar.
Commissioner Jacobs seconded the motion and voice vote reflected aooroval with the
exceotion of Commissioner Youmans who abstained.
COMMISSIONER'S REPORTS
A. Commissioner Jacobs commented on the non-functioning lighting equipment for
the police Driving Under the Influence (DUI) check point program.
In response to Commissioner Jacobs' comment, Director of Public Works Hughes noted
that he will explore the possibility of purchasing new lighting equipment for the police
DUI check point program.
B. Commissioner Ramos relayed his appreciation for the signs posted on the
southbound Hwy 79 South exit.
R:\Minutes\PublicTrafficSafetyCommission072607
EXHIBIT "B"
C. Commissioner Hagel noted that he had an opportunity to attend the County's
Point of Distribution (POD) Program, noting that although the turnout was not a big
success, he was hopeful to implement more drills in the future.
The PubliclTraffic Safety Commission thanked Captain Buckley for the tour of the Wolf
Creek Fire Station.
COMMISSION BUSINESS
2. Fire Deoartment 2007 Mid-Year Emeraencv Resoonse Statistics
RECOMMENDATION:
2.1 That the PubliclTraffic Safety Commission receive and file the Fire
Department 2007 Mid-Year Emergency Response Statistics
Captain Buckley provided the PubliclTraffic Safety Commission with a staff report, of
record.
In response to the PubliclTraffic Safety Commission's queries, Captain Buckley added
the following:
. That staff does not receive many calls from Hazmat and would fluctuate from
year to year
· That the new dispatch printers help cut back on time with regard to responses.
It was the consensus of the PubliclTraffic Safety Commission to receive and file this
report.
3. Time Limited Parkina Restrictions - Via La Colarada. Via Perales and Cort~
Oaxaca
RECOMMENDATION:
3.1 That the PubliclTraffic Safety Commission consider the request and
provide direction to staff
Principal Engineer Moghadam provided a staff report (of written material).
At this time, the public hearing was opened.
A. Mr. Vincent Edwards, Temecula, expressed concern with students parking on
residential streets, advising that these students partake in drugs, smoking, and are
engaged in sexual activities; and advised that residents would be in favor of a weekday
parking restriction sign
At this time, the public hearing was closed.
In response to Commissioner Jacobs' query, Officer Pringle relayed the following:
R:\Minutes\PublicTrafficSafetyCommission072607 2
EXHIBIT "B"
. That a Student Resource Officer's (SRO) primary position would be on campus,
not in the residential tracts.
· That sworn officers would enforce parking restrictions in the city, noting that
Community Services Officers would not be sworn officers
Referencing Commissioner Jacobs' question, Principal Engineer Moghadam advised
that the city and the Temecula Valley School District would not have a formal traffic or
school route plan but a suggested route plan; and that no safety issues were reported to
staff with regard to Via La COlarada, Via Perales, and Corte Oaxaca.
Commissioner Youmans relayed that because this issue would not be a safety issue, it
would be his opinion that this issue would be better resolved by the school district and/or
the police department.
Principal Engineer Moghadam relayed that the city does not issue parking permits for
vehicles other than temporary Recreational Vehicle (RV) parking permits; and advised
that staff would not be in favor of implementing a parking permit program.
Director of Public Works Hughes stated that the streets in question are public streets to
be used by the public.
For Commissioner Hagel, Principal Engineer Moghadam advised that Great Oak High
School would have adequate parking on site but that some students choose to not park
in the provided parking lot
Commissioner Hagel expressed concern with restricting parking on residential streets at
6:00 a.m. and noted that 12:00 p.m. would be too early to stop the restriction, and
advised that he would be in favor of a time restriction from 8:00 a.m. to 2:00 p.m.
For the Public/Traffic Safety Commission, Principal Engineer Moghadam advised that
the restriction hours of 6:00 a.m. to 12:00 p.m. was the request of the residents', not
staff.
Commissioner Ramos advised that he would be of the opinion that an adequate
timeframe restriction would be 7:00 a.m. to 9:00 a.m.; and that he would be in favor of
granting the residents' request but that a letter advising them of the change beforehand
would be appropriate.
Chairperson Arbogast thanked Mr. Edwards for his attendance of tonight's meeting as
well as the petition provided.
Expressing her opinion, Chairperson Arbogast relayed the importance of ensuring
consistency throughout the city, noting that the posted time limits at Temecula Valley
High School are from 9:00 a.m. to 12:00 p.m.; that it would be important to work with the
Student Resource Officers (SRO) and police officers to ensure students stay in school;
and that she would not be opposed to posting signs restricting parking during certain
times of the day.
R\Minutes\PublicTrafficSafetyCommission072607 3
EXHIBIT "B"
Understanding the concerns of the residents, Commissioner Jacobs noted that the issue
at hand would be a nuisance issue and not a safety issue; that posting signs restricting
hours will only move the problem to another neighborhood; therefore, upsetting other
residents; that it would be his opinion that posting parking restriction signs throughout
the city wouid not be favorable unless a citywide program was created; and reminded
the Commission that these are public streets to be utilized by the public.
MOTION: Commissioner Jacobs moved to deny the request for restricting parking at
certain hours of the day on Via La Colarda, Via Perales, and Corte Oaxca (this motion
died for a lack of a second.)
Commissioner Ramos suggested that this item be brought back to the September
meeting to allow staff an opportunity to explore other alternatives and work with the
school district and police department to resolve the problem.
MOTION: Commissioner Ramos moved to continue this item until the September 2007
Public/Traffic Safety Commission meeting (this motion died for a lack of a second.)
Noting that this situation would be unique, Commissioner Hagel noted that it would be
his opinion that parking permits would not be appropriate and would be in favor of
implementing signs restricting certain hours of the day. Commissioner Youmans
seconded the motion subject to the school district and residents being notified prior to
the installation of parking signs restricting parking during certain hours of the day; and
voice vote reflected !looroval with the exceotion of Commissioner Jacobs who voted
No.
4. Traffic Enaineer's Reoort
No report at this time.
5. Police Chiefs Reoort
Officer Pringle advised that a DUI check point will be held on August 18, 2007, and will
notify the Public/Traffic Safety Commission of the location via email. Officer Pringle also
mentioned that the commercial enforcement program held on Tuesday, July 24, 2007,
was a success.
6. Fire Chiefs Reoort
Captain Buckley reported that the new Wolf Creek Fire Station will be opening on
Monday, July 30, 2007.
ADJOURNMENl:
At 7:10p.m. Chairperson Arbogast formally adjourned this meeting to Thursday, Auaust
23.2007 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, and
Temecula.
Chairperson Arbogast
Administrative Assistant, Anita Pyle
R:\Minutes\PublicTrafficSafetyCommission072607
4
ITEM NO. 14
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
November 6, 2007
SUBJECT:
Sixth Amendment for Consultant Services for French Valley Parkway /
Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-
11
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Avlin R. Odviar, Associate Engineer
RECOM M ENDA TION: That the City Council approve the Sixth Amendment to the consultant
agreement with Moffatt & Nichol Engineers in an amount not to exceed $110,917.00 for additional
services necessary to complete the Project Report and Environmental Document for the French
Valley Parkway / I nterstate-15 Over-Crossing and I nterchange Improvements - Project No. PW02-
11; and authorize the Mayor to execute the amendment to the agreement;
BACKGROUND: On January 14, 2003 the City Council approved an Agreement for
Professional Consultant Services (Agreement), in the amount of $1,091,693.00, with Moffatt &
Nichol Engineers to develop the Project Report and Environmental Document for the proposed
French Valley Parkway / I nterstate-15 Over-Crossing and I nterchange Improvements - Project No.
PW02-11 and to prepare the Plans, Specifications, and Estimate for the Interim Southbound Off-
Ramp to Jefferson Avenue, Phase I - Project Nos. PWOO-24/ PW07-04. Five amendments and
five contract change orders have since been approved for additional services not included in the
original Agreement or as needed to supplement existing tasks, bringing the total Agreement amount
to $2,908,916.92.
The Sixth Amendment covers additional professional services needed to complete the Project
Report and Environmental Document, including revised traffic studies, additional environmental
mitigation strategies, additional air quality documentation, revised jurisdictional delineation, and a
revised draft environmental document, for the French Valley Parkway / Interstate-15 Over-Crossing
and Interchange Improvements - Project No. PW02-11; in an amount not to exceed $110,917.00.
Revisions to the traffic studies and draft environmental document are based on discussions at
recent stakeholder meetings involving the Federal Highway Administration (FHWA), California
Department of Transportation (Caltrans), Cities of Temecula and Murrieta, and the offices of
Congressman Darrell Issa and Assemblyman Kevin Jeffries. With this amendment, the total
Agreement amount is $3,019,833.92.
FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway /
Interstate-15 Over-Crossing and Interchange Improvements within its Capital Improvement
Program. Several funding sources are identified including Capital Project Reserves, Development
Impact Fees, Transportation Uniform Mitigation Fees (TUMF), Measure A, Community Facilities
District - Harveston, and others. Adequate funds are available in the project account 21 0-165-726
to cover cost of this amendment With this amendment, the total Agreement amount is
$3,019,833.92.
ATTACHMENTS:
1. Project Location.
2. Project Description.
3. Sixth Amendment
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SIXTH AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
MOFFATT & NICHOL ENGINEERS
FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE
IMPROVEMENTS, PROJECT NO. PW02-11
AND
FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE
IMPROVEMENTS - PHASE I
PROJECT NOS. PWOO-24 and PW07-04
THIS SIXTH AMENDMENT is made and entered into as of November 6, 2007 by and
between the City of Temecula, a municipal corporation ("City") and Moffatt & Nichol Engineers
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On January 14, 2003 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for design services ("Agreement") in the
amount of One Million Ninety One Thousand Six Hundred Ninety Three Dollars and No
Cents ($1,091,693.00).
B. The Agreement was amended on May 24, 2005 (Amendment #1) in the
amount of Seven Hundred Ten Thousand Five Hundred Fifty Three Dollars and Forty
Cents ($710,553.40) for environmental and traffic studies, a geometric design report, and
initiation of the design for Phase I, and again on February 14, 2006 (Amendment #2) in the
amount of Twenty One Thousand Six Hundred Thirty Dollars and No Cents ($21,630.00) for
additional traffic analyses, a GeometricApproval Drawing, Community Impact Assessment, and
Paleotological Report, and again on December 12, 2006 (Amendment #3) in the amount of
Two Hundred Eighty Three Thousand Nine Hundred Eighty Two Dollars and Fifty Two
Cents ($283,982.52) for a Paleontological Resources Evaluation, Visual Impact Study, Air
Quality Analysis for PM2.5, Noise Assessment, and environmental processing, and again on
March 27, 2007 (Amendment #4) in the amount of Six Hundred Thirty Two Thousand Fifty
Eight Dollars and No Cents ($632,058.00) for design of Phase I retaining walls and
development of the Landscape Architectural and Aesthetic Master Plans, and again on June
26, 2007 (Amendment #5) in the amount of One Hundred Sixty Nine Thousand Dollars and
No Cents ($169,000.00) for a revised Traffic Operations Analysis, New Connection Report, and
Storm Drain Relocation Study.
C. The parties now desire to increase the payment for design services to
complete the Project Management, Updating Technical Studies, Environmental Document
Processing and Permitting, in the amount of One Hundred Ten Thousand Nine Hundred
Seventeen Dollars and No Cents ($110,917.00) and amend the Agreement as set forth in this
Amendment.
2. Section 5a Pavment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B for services
described in Section B of Exhibit A, attached hereto and incorporated herein by
this reference as though set forth in full. The Sixth Amendment shall not exceed
One Hundred Ten Thousand Nine Hundred Seventeen Dollars and No Cents
($110,917.00) for design services to complete the Project Management,
Updating Technical Studies, Environmental Document Process and Permitting
1
R:\CIP\PROJECTS\PW02\PW02-11 FVP Interchange, Project Report\A ODVIAR\INTERCI1Y\6th Amend Moffatt & Nichol ODVIAR EDlTS.doc
for a total agreement amount, of Three Million Nineteen Thousand Eight
Hundred Thirty Three Dollars and Ninety Two Cents ($3,019,833.92).
3. Exhibit A and B to the Agreement is hereby amended by adding thereto the items
set forth on Attachment "A" to this amendment, which is attached hereto and
incorporated herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Moffatt & Nichol Engineers
P.O. Box 22648
Long Beach, CA 90801
(909) 937-0125
Shing-Ching R. Chan, P.E Principal in Charge
Timothy J. Rellaford, P.E., Sr. Vice President
Perry Schacht, P.E. Project Manager
(Two Signatures Required For Corporations)
2
R\CIP\PROJECTS\PW02\PW02-11 FVP Interchange, Project Report\A ODVIAR\INTERCITY\6th Amend Moffatt & Nichol ODVIAR EDITS.doc
ATTACHMENT A
FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE
IMPROVEMENTS, PROJECT NO. PW02-11
AND
FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE
IMPROVEMENTS - PHASE I
PROJECT NOS. PWOO-24 and PW07-04
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
3
R:\CIP\PROJECTS\PW02\PW02-11 FVP Interchange, Project Report\A ODVJAR\INTERCITY\6th Amend Moffatt & Nichol ODVIAR EDITS.doc
~1IIIIII~J'4 MOFFATT & NICHOL
CITY OF TEMECULA
PROJECT NO. PW02-11 FRENCH VALLEY PARKWAY / INTERSTATE-IS
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
MOFFATT & NICHOL ENGINEERS
AMENDMENT NO.6 - SUMMARY OF FEES
'.!;~..'V.fROI\IM!;I\I:r~t.'PROO.E$$j:/
C" .. ,.,,'. '... ....,........ ;".>,.;_;:~, .,',' .... .... '.'- ... ." ..,..
TASK DESCRIPTION
1 Project Management and Meetings
2 Updating of Technical Studies
3 Environmental Processing
4 Environmental Permitting
5 Other Direct Costs
$
$
$
$
$
ENVIRONMENTAL PROCESS - TOTAL FEE $
TRAFFic OPERATIONS ANAliiisjs
.. "'0,,_"'_"".'-" .. '.......,.'z'",/,....,~',.,.,..'.,.."".';".,... ''';0, ,. <......, "', " ...,' ..'.' ......,..........,
TASK DESCRIPTION
1 Opening Year Analysis, Year 2012
2 Other Direct Costs
$
$
TRAFFIC OPERATIONS ANALYSIS - TOTAL FEE $
PROi.!EC;T;:MAI\IA~E~ErilT
TASK DESCRIPTION
1 Proiect Manaaement
$
PROJECT MANAGEMENT. TOTAL FEE $
FEE
21,975.00
12,270.00
18,590.00
13,890.00
6,530.00
73,255.00
FEE
12,315.00
50.00
12,365.00
FEE
25,297.00
25,297.00
AMENDMENT NO.6 - TOTAL FEE $
110,917.00
~.-I.~ MOFFATT & NICHOL
CITY OF TEMECULA
PROJECT NO. PW02-11 FRENCH VALLEY PARKWA Y / INTERSTATE-15
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
AMENDMENT NO.6 - SCOPE OF WORK
ENVIRONMENTAL PROCESS
Task 1. PROJECT MANAGEMENT AND MEETINGS (WBS 100.05)
Our current scope provides for meeting and management time through the second quarter of 2007.
Based on the current schedule, BonTerra Consulting's participation in Project Development Team
meetings and overall project management is expected through the third quarter of 2008, an extension of
15 months. Therefore, 75 hours for additional meetings and an additional 65 hours of project
management time are requested. This provides for five hours a month for meeting, preparation, and
travel time and an hour a week for management tasks. Additionally, one hour of staff support time per
month is assumed. Should the project extend beyond the third quarter of 2008, additional time would be
required.
TASK 2 - UPDATING OF TECHNICAL STUDIES (WBS 165.10)
Based on the Caltrans comments dated June 20, 2007 minor modifications to all the technical studies
will be required. They have requested that the project description from the Initial Study/Environmental
Assessment (IS/EA) be used rather than the summarized version of the project descriptions that are
currently used. BonTerra Consulting is assuming a total of four hours by the Project Manager for each
of the nine studies to incorporate the new project description and coordinating with the authors of the
reports and one hour each for word processing and editing per technical study. In addition, two hours
per technical study is assumed for each author to review the revisions and verify that no further analysis
is required. This assumes that no revision to the technical analysis will be required as a result of this
revision. However, should the project description in the IS/EA be revised to incorporate other
improvements, such as the relocation of the storm drains, it is possible that several of the technical
studies would need to be modified. Dependent on the modification of the footprint of the improvements,
the Area of Potential Effect (APE) would need to be reevaluated. If the APE is modified, then the
technical studies would need to be updated.
In addition to incorporating the project description from the IS/EA, further updates to the air quality
analysis would be required to reflect the changes in the Regional Transportation Plan (RTP) and
Regional Transportation Improvement Program (RTIP) (i.e., modification to the opening date). This
would include reflecting the modifications anticipated to be included in the 2008 RTP and RTIP,
updating the conformity finding, and incorporating the statement on greenhouse gases (climate change)
into the technical study. Based on discussion with Tony Louka, the modeling done for the RTP will be
sufficient and no additional air quality modeling will be required.
'The discussion on climate change will be taken from the Caltrans Standard Environmental Reference
(SER). Currently, the SER does not assume any modeling or quantification of impacts. However, the
approach to evaluating climate change in environmental documents is evolving. The Air Resources
Board (ARB) is currently evaluating the issue of climate change. Based on input from ARB, as well as
other sources, the California Environmental Quality Act Guidelines (Guidelines) and/or industry standard
may change prior to the release of the environmental document in Spring 2008. If that is the case, a
contract amendment may be required to incorporate additional work on this topic. A total of 20 hours for
the air quality specialist is provided.
Resubmittal of six copies of each technical study to Caltrans and two copies of each study to the City is
assumed.
TASK 3 - ENVIRONMENTAL PROCESSING (WBS 165.25)
The current scope of work assumed that the August 25,2006 IS/EA document would be signed and by
the District and forwarded to Federal Highway Administration (FHW A). Subsequent to that submittal
more comments were provided and an additional submittal of the IS/EA and all the technical studies
was required in December 2006. This version of the document was approved at the District level but
was not sent to FHW A pending resolution of issues regarding funding levels. In the interim, Caltrans did
another review of the IS/EA and technical studies and provided additional comments on June 20,2007.
To expedite getting the document to FHW A for a courtesy review, minor modifications to the document
were made in July and replacement pages and slip sheets were incorporated in to the December 2006
version of the documents to allow the documents to be transmitted to FHW A.
Additionally, since the submittal of the documents the NEPA Delegation pursuant to SAFETY.LU has
been implemented. This process requires changes to the documents to reflect the role of Caltrans
serving as the NEPA lead agency. This will necessitate editing and some reformatting of the document
It is assumed that once this is complete the document will be signed by the District and forwarded to
Headquarters for review. Once the document has been reviewed by Headquarters, two additional
revision cycles are anticipated. One would respond to Headquarters' comments and the second would
be minor edits to allow the document to be distributed for public review. This effort is expected to take
100 hours of the project manager's time, 30 hours of editing time, and 16 hours of word processing
time.
Resubmittal of six copies of the environmental document to Caltrans and two copies to the City is
assumed for each of the three submittals.
TASK 4 - ENVIRONMENTAL PERMITTING (WBS 180.10)
The coordination effort on determining the mitigation approach has been more extensive than originally
scoped. BonTerra Consulting coordinated with the Barry Jones Mitigation Bank, as agreed upon
approach for mitigation. However, after conducting site visits with the Army Corps of Engineers
(USACE), the mitigation bank did not provide the type of habitat that was needed. Subsequent
coordination has been required with the Riverside Conservation Authority, the City and the resource
agencies to identify suitable habitat. LAPM mitigation sites have been evaluated along San Jacinto
Creek.
BonTerra Consulting will also be required to revise the juriSdictional delineation to reflect the 2007
USACE guidelines concerning the 2006 Rapanos Supreme Court decision. The need to revise the
delineation could not have been foreseen. The new guidelines and direction have been provided by Ms.
Stephanie J. Hall of the USACE.
CITY OF TEMECULA
PROJECT NO. PW02-11 FRENCH VALLEY PARKWA Y / INTERSTA TE-15
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
AMENDMENT NO.6 - FEE
ENVIRONMENTAL PROCESS
II Staff [-
I Proiect Management and Meetings
I SonTerra Consultina I Principal actina as PM $150.00 I 140
I SonTerra Consulting Word Processina/Support $65.00 15
I Direct Costs (mileage, deliveries, copies)
I Task Total
I Updating Technical Studies
I BonTerra ConsultinQ Principal actina as PM
I SonTerra Consultina Word Processina/Support
I SonTerra Consultina Technical Editor
I Various Technical Project Manal?~r__1
, Mestre Greve Associates Proiect Manaaer/AQ Specialist I
I
I
I Environmental Processing
I SonTerra Consultina
I SonTerra Consultina
I SonTerra Consultina
I
I
I Environmental Permillina
1 SonTerra Consultina I Reaulatorv Manaq,er
I SonTerra Consultina. Word Processina/Support
I SonTerra Consultina Technical Editor
I
I
I
I
Title
PrinciPal acting as PM
Word Processina/Support
Technical Editor
..-r-Rite
lHOurs
$150.00 36
$65.00 9
$85.00 9
$140.00 I 1"
$150.00 I' 20
Direct Costs (printina)
Task TOlai 1
$150.00 100
$65.00 16
$85.00 30
Direct )ost (minting)
Task Tolai 1
$150.00 80
$65.00 16
$85.00 10
Direct Cost (printina) I
Task Totai 1
I
ALL TASKS TOTALS 1
- Total- Ii
$21.000.00
$975.00
$850.00 I
$22,825.00 JI
$5.400.00 I
$585.00 I
$765.00 I
$2.520.00 I
$3.000.00'
$2.880.00
$15,150.00
$15.000.00
$1.040.00
$2.550.00
$1.800.00
$20,390.00
$12.000.00 I
$1.040.00
$850.00 ,
$1.000.00 I
$14,890.00 I
I
$73.255.00 ~
1!I.~r.'tl MOFFATT & NICHOL
CITY OF TEMECULA
PROJECT NO. PW02-II FRENCH VALLEY PARKWAY I INTERSTATE-IS
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
AMENDMENT NO.6 - SCOPE OF WORK
TRAFFIC OPERATIONS ANALYSIS
GENERAL
Under Amendment No.5, approved on June 26, 2007, additional traffic analyses will be performed
and incorporated into the Traffic Operations Report dated December 2005. These additional
analyses were largely based on a meeting and follow up email onJnne5.2007.Sincethattime.it
has been determined that the scope of Amendment No.5 may not fully satisfy the requirements of
the California Department of Transportation (Caltrans) and Federal Highway Administration
(FHWA).
This proposed Amendment No. 6 is intended to supplement Amendment No. 5 as necessary to
address the requirements of Caltrans and FHW A as it relates to the Traffic Operations Report.
SCOPE OF WORK
TASK 1 - OPEN1NG YEAR ANALYS1S, YEAR 2012
A full analysis will be performed for the opening year 2012. This analysis will be comprehensive
and examine traffic operations including segment and intersection levels of service, weaving, and
ramp merge-diverge within the project area.
The Traffic Operations Report dated December2005 contains a full analysis for opening year 2010.
This task covers all work necessary to revise the opening year to 2012.
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~~~~ MOFFATT & NICHOL
CITY OF TEMECULA
PROJECT NO. PW02-II FRENCH VALLEY PARKWAY / INTERSTATE-IS
OVER-CROSSING AND INTERCHANGE IMPROVEMENTS
AMENDMENT NO.6 - SCOPE OF WORK
PROJECT MANAGEMENT
GENERAL
Moffatt & Nichol (M&N) will provide overall Project Management needed to oversee and provide
coordination for the attached Environmental and Traffic Operations Tasks. In addition M&N will
participate in monthly Stakeholders Meetings. Project Management will include coordination with
Caltrans and the City of Temecula (City). M&N will provide the following Project Management
services as needed:
SCOPE OF WORK
TASK 1 -PROJECT MANAGEMENT
Attend monthly Project Stakeholders meetings at Caltrans District 8 from July 2007 through April
2008. M&N will review and provide comments on the minutes following each meeting.
Management of the Environmental Tasks herein. Provide Project Coordination, Administration, and
Oversight.
Management of the Traffic Operations Tasks herein. Provide Project Coordination, Administration,
and Oversight.
Note: All hours will be billed on a time and materials basis. Actual hours will be billed monthly.
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ITEM NO. 15
ORDINANCE NO. 07-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE
SPECIAL USE REGULATIONS FOR AN INCREASE IN
FLOOR AREA RATIOS, REQUIREMENTS FOR
SWIMMING POOLS, AMEND PARKING STANDARDS
FOR MEDICAL OR DENTAL OFFICES, INCORPORATE
REFERENCES TO WATER QUALITY MANAGEMENT
PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH
THE AMERICANS WITH DISABILITIES ACT, AND MAKE
OTHER MINOR CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING ACTIVITY LRP2107)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findinqs. The City Council of the City of Temecula
does hereby find, determine and declare that:
A The proposed amendments to Title 17 of the Temecula Municipal Code
were processed and an environmental review was conducted as required by the
California Environmental Quality Act
B. The Planning Commission of the City of Temecula held a duly noticed
public hearing on September 19, 2007, to consider the proposed amendments at which
time the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to the matter.
C. Following consideration of the entire record of information received at the
public hearing and due consideration of the proposed amendments, the Planning
Commission adopted Resolution No. 07-38, recommending that the City Council
approve the proposed amendments to Title 17 of the City of Temecula Municipal Code.
D. On October 23, 2007, the City Council of the City of Temecula held a duly
noticed public hearing on the proposed amendments at which time all persons
interested in the proposed amendments had the opportunity and did address the City
Council on these matters, and following receipt of all public testimony closed the
hearing.
Section 2. Further Findinqs. The City Council, in approving the proposed
Municipal Code amendments in Planning Activity LRP2107, hereby makes the following
additional findings as required by Section 17.01.040 ("Relationship to General Plan") of
the Temecula Municipal Code:
R:/Ords 2007/0rds 07-15
A The proposed amendments to Title 17 of the Temecula Municipal Code
are allowed in the land use designations in which the uses are located, as shown on the
land use map, or are described in the text of the General Plan.
S. The proposed amendments to Title 17 of the Temecula Municipal Code
are in conformance with the goals, policies, programs and guidelines of the elements of
the General Plan.
C. The proposed amendments to Title 17 of the Temecula Municipal Code
are consistent with the general plan and all applicable provisions contained therein.
Section 3. Environmental Findinqs. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section
15061 (b)(3) because it can be seen with certainty that there is no possibility that the
proposed amendments to Title 17 of the Temecula Municipal Code may have a
significant effect on the environment Staff prepared an Initial Study for the proposed
project, and based on that Initial Study, staff concluded that there is no possibility that
the Code amendments my have a significant effect on the environment The proposed
Development Code Amendments are minor policy changes, clarifications, and
typographical corrections to Title 17 of the City of Temecula Municipal Code. One of
the proposed amendments establishes performance criteria for projects that propose an
increase in Floor Area Ration (FAR) above the Target FAR and does not change the
target or maximum FAR, nor does it preclude an independent analysis of a site specific
development project The remaining proposed amendments do not result in an
increase in the intensity or density of any land use above what is currently allowed in
accordance with the Development Code. These proposed amendments are minor
clarifications of the Code or typographical corrections. As such, there is no possibility
that the proposed amendments to Title 17 of the Temecula Municipal Code will have a
significant effect on the environment
Section 4. The City Council of the City of Temecula hereby amends Tables
17.0S.040A and 17.0S.040S of the Temecula Municipal Code by replacing footnote
number 2 of each table to read as follows:
"2. All projects proposing an increase in FAR beyond the target FAR are
required to comply with the criteria described in Section 17.0S.050A"
Section 5. The City Council of the City of Temecula hereby amends
Subsection 17.0S.050.A of the Temecula Municipal Code by replacing it in its entirety
and by adding Table 17.0S.050A to read as follows:
"A CommerciallOfficellndustrial Incentives - Increases in the Floor Area
Ratio. As part of the process of reviewing and approving an application for a
development plan or conditional use permit, the approval authority may consider
an increase in the maximum allowable intensity as indicated in Tables
17.0S.040A and S. The amount of the increased intensity shall not exceed the
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2
maximum of the density range or floor area ratio stated for the specific land use
designation. The requested increase may not be approved if the City engineer
determines that the increased intensity would create an unmitigatable impact
upon traffic circulation or would overburden any utilities serving the area. To be
eligible for an increase in the floor area ratio, the applicant must meet the
following:
1. A traffic impact analysis shall be prepared for the project as determined by
the City Engineer.
2. Provide for FAR increase justifications from Table 17.0S.050A as follows:
a. Projects proposing an FAR increase of 0.01 to 0.10 shall
incorporate two justifications from Category I, one justification from
Category III, and one justification from Category IV of Table
17.0S.050A
b. Projects proposing an FAR increase of 0.11 to 0.20 shall
incorporate two justifications from Category I, one justification from
Category II, one justification from Category III, and one justification
from Category IV of Table 17.0S.050A
c. Projects proposing and FAR increase of 0.21 to 0.30 shall
incorporate two justifications from Category I, two justifications from
Category II, two justifications from Category III, and two
justifications from Category IV of Table 17.0S.050A
d. Projects proposing an FAR increase of 0.31 or more shall
incorporate two justifications from Category I, three justifications
from Category II, three justifications from Category III, and three
justifications from Category IV of Table 17.0S.050A"
Table 17.08.050A
Justifications for an FAR Increase
Category I Category II Category III Category IV
Amenities Landscape & Art
Community Benefit Conservation
Uses which generate Utilize LEED Provide Provide trees at
significant sales tax, or (Leadership in Energy bicycle 40% 36" box,
uses that generate and Environmental lockers or 40% 24" box, and
transient occupancy tax Design) eligible recycled lockable 20% 15-gallon
building materials (such indoor sizes with all
as exterior siding, storage, street and parking
roofing materials, and changing lot tree sizes at a
carpet - 20% minimum rooms, and minimum 24-inch
box size at the
R:/Ords 2007/0rds 07-15 3
Table 17.08.050A
Justifications for an FAR Increase
Category I Category II Category III Category IV
Amenities Landscape & Art
Community Benefit Conservation
recycle content) showers time of planting
The project generates a Utilize LEED eligible Provide a Increase
significant number of energy efficient location for landscaped open
higher paying jobs (higher materials and design to an on-site space area
paying jobs are include: roofing, daycare (increase must be
considered skilled and insulation, exterior facility or equal to or
professional jobs that siding, shading from provide a greater than 2%
provide incomes of at awnings and deep location for a of the site area for
least one-half the median recessed windows, daycare each 0.05
household income for the automated sensors and provider increase in FAR)
City of Temecula) controls for lighting,
heating, and air
conditioning, waterless
urinals, low-flow toilets
and faucets, and
aerators and timers on
faucets
Provide enhanced public Provide for on-site Provide Increase
facilities that are needed renewable energy parking landscaped
by the City beyond (minimum of 10% of the designated setback (at least
required mitigation impact facilities energy needs) as a park two feet additional
measures. Examples and ride for each 0.05
include: the provision of facility increase in FAR)
community meeting
centers, enhanced
transportation
improvements, police or
fire stations, and public
recreation facilities
Utilize "green roof' Provide a Provide an on-site
technology landscaped public art feature
co u rtya rd of equal or
open to a greater value than
public street required by the
(minimum City's Public Art
area equal to Ordinance and in
R:/Ords 2007/0rds 07-15
4
Table 17.08.050A
Justifications for an FAR Increase
Category I Category II Category III Category IV
Amenities Landscape & Art
Community Benefit Conservation
10% of the compliance with
ground floor the City's Public
area) Art Ordinance
Provide water quality
mitigation in excess of
minimum NPDES
requirements
Provide all air
conditioning equipment
at a SEER rating that
exceeds the minimum
California Building Code
requirement
Section 6. The City Council of the City of Temecula hereby amends Table
17.06.050A and Subsection 17.06.050.E by allowing swimming pools and spas within
the buildable area of front yards within the Very Low Residential, Rural Residential, and
Hillside Residential Zoning Districts to read as follows:
A Amend Table 17.06.050A by adding footnote number 3 as follows:
Table 17.06.050A
Accessory Structures Setbacks for
the VL, L-1, L-2, LM, M, and H Zoninq Districts
Accessory Structure Front Yard Rear Yard Interior Side Yard1
Swimming pool Not permitted 3 5 ft 5 ft
Swimming pool equipment Not permitted 3 3 ft 3 ft
Spa Not permitted 3 3 ft 3 ft
R:/Ords 2007/0rds 07-15
5
Table 17.06.050A
Accessory Structures Setbacks for
the VL, L-1, L-2, LM, M, and H Zoning Districts
Accessorv Structure Front Yard Rear Yard Interior Side Yard1
Notes:
3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR
zoning districts may be located in the front yards as outlined in Section
17.06.050.E
B. Amend Subsection 17.06.050.E as follows:
"E. Swimming Pools. Swimming pools and spas, which are capable of
holding water to a depth of eighteen inches or deeper shall be located as follows:
1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas
shall be located only within the side or rear yards and shall have a
minimum setback of five feet from any property line or building. Pools and
spas shall be enclosed by walls or fences no less than five feet in height
Pool and spa equipment may be located within the side or rear yards with
a minimum setback of at least three feet from any property line and shall
be screened from the front yard areas.
2. For the VL, RR and HR zoning districts swimming pools and spas may be
located within the side or rear yards and shall have a minimum setback of
five feet from any property line or building. Pool and spa equipment
located within the side or rear yards shall have a minimum setback of
three feet from any property line and shall be screened from the front yard
areas. For the VL, RR and HR zoning districts, pools and spas may also
be located within the buildable area of the front yard. Pools and spas shall
be enclosed by a non-climbable barrier per the Department of Building
and Safety requirements. Pool and spa equipment located in the
buildable area of the front yard shall be screened from public view and
from ground view from adjacent dwelling units."
Section 7. The City Council of the City of Temecula hereby amends Table
17.24.040 by increasing the parking standards for medical and dental offices as follows:
Table 17.24.040
Parking Spaces Required
Description of Use Required Number of Spaces
Health Care Facilities
Medical and dental offices 1 space/200 SF-GFA
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6
Section 8. The City Council of the City of Temecula hereby amends
Subsection 17.28.280.S.3 by adding the sentence, "Logos shall not exceed 25 percent
of the overall sign area" to the end of the sentence, and hereby amends Subsection
17.28.280.C by inserting between the second and third sentence, "They shall only
include letters, logos and arrows. Logos shall not exceed 25 percent of the overall sign
area" and to re-enumerate the subsection.
Section 9. The City Council of the City of Temecula hereby amends Section
17.28.070A4 by revising the requirement for landscaping for single and multi-tenant
freestanding identification signs as follows:
"L Single tenant and building identification signs shall include
landscaping that extends out from the base of the sign in all four
directions, a distance equal to one-half of the overall height of the
sign.
iL Multi-tenant identification signs shall include landscaping that
extends out from the base of the sign in all four directions, a
distance equal to one-half of the overall height of the sign."
Section 10. The City Council of the City of Temecula hereby amends the
following Subsections of the Code to be consistent with Water Quality Management
Plan requirements as follows:
A Amend Subsection 17.06.060 by adding a paragraph to the beginning of
the Landscape Standards for Residential Zoning Districts to read as follows:
"Landscaping in residential zoning districts shall be consistent with the
Water Efficient Landscape standards established in Chapter 17.32, and
shall be consistent with Water Quality Management Plan requirements."
S. Amend Subsection 17.08.060 by adding a paragraph to the beginning of
the Landscape Standards for Commercial Zoning Districts to read as follows:
"Landscaping in residential zoning districts shall be consistent with the
Water Efficient Landscape standards established in Chapter 17.32, and
shall be consistent with Water Quality Management Plan requirements."
C. Amend Subsection 17.24.020.D.1.c of the Off-Street Parking and Loading,
General Provisions as follows:
"c. All parking areas within public view from the street, public right-of-
way or adjacent properties shall be paved with an appropriate surface
approved by the Department of Public Works. Such areas shall be
maintained in a usable condition free of potholes and broken sections
sufficient to prevent mud and/or dust, without accumulation of loose
material or other deterioration."
R:/Ords 2007/0rds 07-15
7
D. Amend Subsection 17.24.050.G and H of the Off-Street parking and
Loading, Parking Facility Layout and ~imensions as follows:
"G. Drainage. All areas used for the movement, parking, loading of
vehicles shall be graded to convey surface water consistent with the
Water Quality Management Plan requirements (if applicable). Drainage
shall not be permitted across the surface of walkways or driveways."
"H. Landscaping. All landscape areas shall include tree, shrub and
groundcover plantings. Layout of plant material shall be consistent with
the City's adopted Water Efficient Landscape Ordinance and with Water
Quality Management Plan requirements (if applicable )."
Section 11. The City Council of the City of Temecula hereby amends the
following Subsections and Tables of the Code to be consistent with terminology used
with the Americans with Disabilities Act as follows:
A Amend the Industrial Use parking regulations in Table 17.24.040 for Self-
storage/mini-storage warehouse facilities by replacing the word "handicap" with the
word "disabled."
B. Amend Residential Use regulations in Table 17.22.116 for Facilities for the
mentally disordered, handicapped or dependent or neglected children (six or fewer),
and for Facilities for the mentally disordered, handicapped or dependent or neglected
for children (seven to twelve) by replacing the words "handicapped" with the word
"disabled."
C. Amend the Residential Use regulations in Table 17.06.030 for Facilities for
the mentally disordered, handicapped, or dependent or neglected children (six or
fewer), and for Facilities for the mentally disordered, handicapped, or dependent or
neglected children (seven to twelve) by replacing the words "handicapped" with the
word "disabled."
D. Amend the Parking for Handicapped requirements in Subsection
17.24.040.0.1 through 3 by replacing the words "handicapped" in this Section with the
words "disabled."
E. Amend the Parking for Handicapped requirements in Subsection
17.24.040.0A to read as follows:
"4. ~isabled Parking Stall Size. Each parking space designated for
use by the disabled shall conform to the California Building Code and the
Americans with Disabilities Act"
F. Amend the heading for "Parking Spaces for the Handicapped" in Table
17.24.050 with "Parking Spaces for the ~isabled.''
R:/Ords 2007/0rds 07-15
8
G. Amend Subsection 17.24.050.K for Wheel Stops by replacing the word
"handicapped" with the word "disabled."
H. Amend the definitions in Subsection 17.34.010 for "Community care
facility", "Congregate care", and for "Handicapped housing" by replacing the words,
"handicapped" with the words "disabled."
L Amend the Supplemental Development Standards in Subsection
17.10.020.M by replacing the word "handicapped" with the word "disabled."
Section 12. Amend Table 17.08.030 by adding number "1" to following uses,
Bed and breakfast, Car wash (full service), Convenience market (with the sale of
alcoholic beverages), Heliports, Kennels, Liquor stores, Motorcycle sales and services,
Nightclubs/taverns/bars/dance/teen club, Restaurants and other eating establishments
(with or without the sale of beer and wine), Restaurants with lounge or live
entertainment, and Truck sales/rentals/service to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT S PO BP LI
C
Bed and breakfast 1 - C p - - C -
Car wash, full service 1 - C C C - - C
Convenience market (with sale of alcoholic C C C C C - -
beverages) 1
Heliports 1 - - - - - C C
Kennels 1 - C - C - p p
Liquor stores 1 - C C C - - -
Motorcycle sales and services1 - - - p - - C
Nightclubs/taverns/bars/dance/teen club - C C C - - -
Restaurants and other eating establishments P P P P P P P
(with or without the sale of beer and wine) 1
Restaurants with lounge or live entertainment1 - C C C - C -
Truck sales/rentals/service 1 - - - C - - C
Notes:
1. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
R:/Ords 2007/0rds 07-15
9
Section 13. Amend Table 17.08.030 for automobile sales to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT S PO BP LI
C
Automobile sales with outdoor display/storage of - - - C - - C
vehicles 1
Automobile sales with no display/storage of - C C P - C C
vehicles
Section 14. The City Council of the City of Temecula hereby makes the
following typographical corrections to the following Subsections of Title 17 as follows:
A Amend the definition for "Density" in Subsection 17.34.010 to be
consistent with the definition used in the General Plan by adding the word "net"
between the words "per" and "acre."
S. Amend Subsection 17.28.6000.3 by replacing the word "leave" with the
word "eave."
Section 15. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Temecula hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of
the fact that anyone or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 16. Notice of Adoption. The City Clerk of the City of Temecula shall
certify to the passage and adoption of this Ordinance and shall cause the same or a
summary thereof to be published and posted in the manner required by law.
R:/Ords 2007/0rds 07-15
10
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 6th day of November, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07-15 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 23rd day of October, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 6th day of November, 2007, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-15
11
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 16
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
OCTOBER 23, 2007
A regular meeting of the City of Temecula Community Services District was called to order at
7:59 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero
ABSENT:
o
DIRECTORS:
None.
Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input
CSD CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
12.1 Approve the minutes of October 9, 2007.
MOTION: Director Naggar moved to approve the Consent Calendar. Director Edwards
seconded the motion and electronic vote reflected unanimous approval.
CSD BUSINESS
2 Summer 2007 Proqram and Activities Overview
RECOMMENDATION:
13.1 Receive and file this report on programs and activities offered throughout the
summer months of 2007 by the Community Services Department
Per the request of staff, it was the consensus of the Board of Directors to continue CSD
Business Item NO.2 for 30 days.
CSD DEPARTMENTAL REPORT
3 Community Services Department Monthlv Report
No additional comment
R:\Minutes\102307
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No reports at this time.
CSD GENERAL MANAGERS REPORT
General Manager Nelson commended Director of Community Services Parker and staff for their
outstanding service with the recent fires.
CSD BOARD OF DIRECTORS REPORTS
The Board Directors also commended the Community Services Department, the Fire and Police
Department, Community Action Patrol (CAP), and residents of Temecula for their outstanding
efforts with regard to the recent fire tragedies.
CSD ADJOURNMENT
At 8:06 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, November 6, 2007, at 5:30 p.m. for a Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
R:\Minutes\102307
2
REDEVELOPMENT
AGENCY
ITEM NO. 17
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
OCTOBER 23, 2007
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:06
p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Naggar, Roberts,
Washington, Edwards
ABSENT:
o
AGENCY MEMBERS:
None.
Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
A Mr. Stephen Eldred, Temecula, advised that in light of the recent fire tragedies, he will
hold his comments for the following Agency meeting.
RDA CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
15.1 Approve the minutes of October 9, 2007.
MOTION: Agency Member Comerchero moved to approve staff recommendation. Agency
Member Roberts seconded the motion and electronic vote reflected unanimous approval.
RDA DEPARTMENTAL REPORT
2 Redevelopment Department Monthlv Report
A Mr. AI Rattan, Temecula, relayed that in light of the recent fires, he would defer his
comments. Because of the recent fires, he encouraged the expansion of local television
coverage.
RDA EXECUTIVE DIRECTORS REPORT
No reports at this time.
RDA AGENCY MEMBERS REPORTS
No reports at this time.
R:\Minutes\102307
RDA ADJOURNMENT
At 8:08 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, November 6, 2007, at 5:30 p.m. for Closed Session, with regular session commencing
at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California
Maryann Edwards, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\102307
2
RDA PUBLIC HEARING
ITEM NO. 18
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
November 06, 2007
SUBJECT:
Midterm Public Hearing for 2004-2009 Implementation Plan
RECOMMENDATION:
That the Agency Members:
1. Receive and File Implementation Plan Status Report;
2. Take public testimony relative to the implementation of the Redevelopment and
Implementation Plan.
PURPOSE: The purpose of this public hearing is to meet the requirements of the
Community Redevelopment Law Reform Act of 1993 (AS 1290). AS 1290, effective January 1,
1994, enacted numerous revisions to the California Redevelopment Law including a requirement for
the adoption of an Implementation Plan. The Temecula Redevelopment Agency adopted its first
Implementation Plan in November 1994, its second Plan in December 1999 and its third Plan in
December 2004.
In accordance with Health and Safety Code s33490, a public hearing must be conducted to hear
testimony of all interested parties relative to the Redevelopment Plan and the Implementation Plan
at least once with the five-year term of the Implementation Plan.
The attached Status Report will provide an accounting of all Redevelopment activities in the
categories of Capital Improvement, Housing and Marketing/Promotion.
BACKGROUND:
were adopted as follows:
The following pertinent documents affecting the redevelopment area
Redevelopment Plan
Old Town Specific Plan
Economic Development Strategic Plan
Market Assessment Old Town Temecula
AS 1290 Implementation
July 1988
February 1994
October 1996
June 1998
December 2004
All these documents provide general guidance for the development and implementation of
Redevelopment Activities. The five-year goals of the Redevelopment program as stated in the
Implementation Plan are as follows:
. Provide a broad range of public infrastructure improvements to induce private investment in
the Project Area.
. Enhance the public safety and welfare by providing improved community services.
. Promote the preservation and enhancement of Old Town Temecula.
. Promote expansion of the industrial and commercial economic and job bases.
. Preserve, improve and expand housing opportunities for low and moderate-income
residents.
As detailed in the attached report, the Redevelopment Agency has created many programs and
completed many projects that have moved the City forward in achieving the Five Year Goals.
Capital Improvements continue to be undertaken and completed that eliminate blight and replace
inadequate public improvements and facilities. The Housing Program has made significant strides
in the preservation, rehabilitation, and creation of affordable housing units. The Old Town Marketing
Program has been very successful in attracting residents, tourists and businesses to Old Town.
FISCAL IMPACT: The programs and projects included in this report have been included
in the appropriate budgets.
ATTACHMENTS: Status Report
ATTACHMENT NO.1
STATUS REPORT
C:\Program Files (x86)\Neevia.Com\Document Converter\temp\861895.doc
The Redevelopment Agency of the City of Temecula
STATUS REPORT
on Redevelopment Activities
November 2007
C:\Program Files (x86)\Neevia.Com\Document Converter\temp\861895.doc
INTRODUCTION
The Temecula Redevelopment Agency adopted its Implementation Plans in November 1994,
December 1999 and December 2004. In accordance with Health and Safety Code 333490, a public
hearing must be conducted to hear testimony of all interested parties relative to the Redevelopment
Plan and the Implementation Plan at least once within the five-year term of the Implementation Plan.
This Report will provide a status of all Redevelopment activities in the categories of: Capital
Improvements, Housing and Marketing/Promotions. In addition this Report will briefly describe
activities through the balance of the Plan's Term.
BACKGROUND
The following pertinent documents affecting the redevelopment area were adopted as follows:
Redevelopment Plan
Old Town Specific Plan
Economic Development Strategic Plan
Market Assessment Old Town Temecula
AS 1290 Implementation Plan
July 1988
February 1994
October 1996
June 1998
December 2004
All these documents provide general guidance for the development and implementation of
Redevelopment Activities. The five-year goals of the Redevelopment program as stated in the
implementation Plan are as follows:
. Provide a broad range of public infrastructure improvements to induce private
investment in the Project Area.
. Enhance the public safety and welfare by providing improved community services.
. Promote the preservation and enhancement of Old Town Temecula.
. Promote expansion of the industrial and commercial economic and job bases.
. Preserve, improve and expand housing opportunities for low and moderate-income
residents.
During the course of administering these goals, redevelopment activities have been carried out
under the headings of Capital Improvements, Housing and Old Town Marketing Program. The
following is a brief summary of accomplishments to date.
CAPITAL IMPROVEMENTS
In May of 2005, the City accepted the completion of the Southside Gateway Landscaping. This
project added 12 parking spaces on the south side of the Stampede building, and landscaping
on both sides of Old Town Front Street and the decorative water wagon at the north west corner
of Old Town Front Street and First Street
The Old Town Temecula Community Theater was completed in October of 2005. The Theater
has been a welcomed success for Old Town and is routinely booked out 12-18 months in
C:\Program Files (x86)\Neevia.Com\Document Converter\temp\861895.doc
advance. In the last two years, over 65,000 people have attended ticketed performances, with a
grand total of nearly 100,000 people attending the theater. The Agency entered into a License
Agreement with an adjoining property owner for use of 33 parking spaces for public use in the
evening and weekends. An additional 15 off street spaces were added on Main Street and 46
spaces are available at the Theater and Children's Museum. The Theater received a Design
Excellence Citation Award from the American Institute of Architects.
The Agency funded the widening of the Rancho California Bridge over Murrieta Creek and the
recently completed Erie Stanley Gardner permanent exhibit at the Temecula Valley Historical
Museum. Completed in early 2006, the Old Town is the Wi Fi zone allows wireless access to
the Internet from locations throughout Old Town.
In addition, the Fayade Improvement Program continues to be a successful program for Old
Town. The Agency provides funding assistance for exterior improvements including signage,
painting and other related improvements to allow buildings to better conform to the requirements
of the Old Town Specific Plan.
HOUSING
The Dalton II and Dalton III are the City's first vertical mixed use projects. Located along the
north side of 5th Street in Old Town, together they provide 46 units of affordable housing and
nearly 10,000 square feet of commercial lease space. Dalton II was completed earlier this year
and the residential is completely leased. Work on the commercial tenant improvements is
underway. Leases have been signed with an Italian restaurant, spice shop and beauty salon.
Dalton III is under construction and is nearing completion.
Habitat for Humanity is finishing on and offsite improvements and is expected to start
construction on 5 single family homes in the next several weeks. The Agency is finishing a final
map, which will add two additional lots to the Habitat Project
The Agency's Disposition and Development Agreement to develop the Temecula Education
Center expired in March of this year. However, the Agency is preparing a new Exclusive
Negotiating Agreement (ENA) with a preferred development partner for the Diaz Road property.
Both higher education and affordable housing potentially remain as part of a new project The
ENA is expected to be before the Council within 45 days.
Included in the Implementation Plan is a production goal of providing an average of 12 affordable
housing units per year. With the three active projects referenced above, the Agency is on track to
meet this goal.
The Residential Improvement Program continues to be a successful and popular program. Each
year, the Agency budgets $200,000 for this program. This Program loans income-qualifying
households up to $7,500 to make exterior cosmetic improvements. Eligible improvements include
roofing, painting and fencing. The loan accrues simple interest for a five-year period. Principal and
interest is due and payable if the property is sold or refinanced. The loan is forgiven after five years.
OLD TOWN MARKETING PROGRAM
For the last several years, the Agency has been providing the marketing and promotional activities
for Old Town. Today, Old Town enjoys a major event almost every month. The Agency sponsors
the Bluegrass Festival, Western Days, the Street Painting Festival, Summer Nights and the Erie
C:\Program Files (x86)\Neevia.Com\Document Converter\temp\861895.doc
Stanley Gardner Mystery Weekend. Other groups, including the two annual car shows and the
Theater Foundation, use Old Town to host their venues.
In addition, the Agencyfunds a billboard along Interstate 15 and works closely with the City's overall
marketing program.
FUTURE PROJECTS
In Mayof 2004, City staff was directed to pursue the development of a master plan for a civic center
development that included parking facilities, open space/public square and civic center building.
Phase I of the master plan was approved by the City Council in June of 2006.
In 2006, the Agencysold a new series of tax allocation bonds that raised $21 million in Project Fund
and Interest Revenue. These funds have been budgeted into the FY 2007 Capital Improvement
Fund for the Old Town Infrastructure Projects. These projects include the 480 space Old Town
Public Parking Structure, the Town Square park improvements, street improvements to Main and
Mercedes Streets and the under grounding of overhead utilities. Construction drawings for these
projects are nearing completion. The Town Square and street improvements are expected to go out
to bid before the end of the calendar year and the under grounding plans will follow closely
thereafter. The parking structure is expected to go out to bid in the spring of 2008. No
Redevelopment funds have been used nor will be used for the City Hall building.
Just recently, the Agency sold a newer series of tax allocation bonds that raised $13.5 million in
Project Fund Revenue. The first $11 million of this revenue has been pledged to purchase the East
Parking Facility currently under construction at the Promenade Mall. This will be a public parking
structure and serve members of the public patronizing the Power Center and Bel Villagio centers, as
well as the Promenade Mall. The remaining $2.5 million will be allocated to the Old Town
Infrastructure Projects.
PUBLIC IMPROVEMENTS AND PRIVATE INVESTMENT
A basic tenant of redevelopment practice is using public improvements to stimulate private
investment The Agency has invested over $30 million in Old Town Capital Improvements. These
include but are not limited to the Old Town Streetscape Improvements, the Imagination Workshop,
the Mercantile retrofit and the Old Town Temecula Community Theater. The Agencywill invest over
$26 million in Old Town Infrastructure Projects which include the parking structure, Town Square
Park, improvements to Main and Mercedes Streets, and under grounding of overhead utilities.
Since 2004, nine new projects, representing $22 million in value, have been developed in Old Town
by the private sector. This development was stimulated through the significant public improvements
described above. Based on projects currently being reviewed and approved, it is estimated another
$20 million in private investment is likely to occur in the next five years.
COMPREHENSIVE RDA STRATEGIC PLAN
Old Town Currently, the Agency is participating in the Old Town Strategic Plan with the
City's Planning Department When completed, this effort will provide guidance in developing
new development standards for the size and massing of buildings, update the market analysis
and make recommendation for a comprehensive parking strategy.
Subsequent work in Old Town will include the North Side Development Strategy that will look at
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development patterns south of Rancho California Road and along Moreno Road. In addition,
the Agency is committed to work with the business associations and Convention and Visitors'
Bureau to re-evaluate the best way to market and promote Old Town.
Housinq Over the next 5 years, the Agency will have $13.6 million available for affordable
housing projects. This doesn't include the potential proceeds from the Agency's Diaz Road
property should that property be sold and developed without an affordable housing component
It's the goal of the Agency to prepare a comprehensive affordable housing plan to continue the
Agency's tradition of using these funds to remove blight, provide affordable housing and
revitalize neighborhoods.
Recvclinq and Revitalization of Commercial Corridors/Centers As referenced in the Economic
Development Element of the City's General Plan, the Agency promotes the recycling and
revitalization of older commercial and industrial corridors and centers. Through mixed use, and
commercial/office projects connected with transportation. A goal of the Agency is to work
closely with the Planning and Economic Development Departments and regional Transportation
Agencies to prepare a strategic plan for the redevelopment of the Jefferson and Ynez Avenue
Corridors as well as some of the older commercial centers. The Plan would include an
economic market analysis to determine the highest and best use for the various areas.
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JOINT CITY COUNCIL
AND
RDA PUBLIC HEARING
ITEM NO. 19
Approvals
City Attorney
Director of Finance
City Manager
~
~
CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/City Manager
Agency Members/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
November 6, 2007
SUBJECT:
Farmers' Market Minor Conditional Use Permit (Planning Application No. PA07-
0290) and Approval of Second Amendment to License Agreement Between the
Redevelopment Agency of the City of T emecula and Farmers' Market Management,
Inc. for Use of a Portion of Agency Property at Sixth and Mercedes Streets for a
Farmers' Market
PREPARED BY:
John Meyer, Director of Housing and Redevelopment
Betsy Lowrey, Junior Planner
RECOMMENDATION:
That the City Council/Temecula Redevelopment Agency:
1. That the City Council adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA07-
0290, A MINOR CONDITIONAL USE PERMIT FOR THE
OPERATION OF A FARMERS' MARKET OPEN EACH SATURDAY
FROM 7:30 A.M. UNTIL 12:30 P.M., GENERALLY LOCATED AT
THE NORTHWEST CORNER OF SIXTH AND MERCEDES
STREETS TO INCLUDE APN 922-023-021 AND A PORTION OF
APN 922-023-022 AT 28464 OLD TOWN FRONT STREET
2. That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 07-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING THE SECOND AMENDMENT
TO THE FARMERS' MARKET LICENSE AGREEMENT
CONDITIONAL USE PERMIT: Planning Application No. PA07-0290 is a Conditional Use
Permit application, submitted by Gale Cunningham of Farmers' Market Management, Inc., to allow
the operation of an existing Farmers' Market to continue operations under the restrictions of a
Conditional Use Permit The Farmers' Market is located within a parking lot on the northwest corner
of Sixth and Mercedes Streets within the Old Town Specific Plan Tourist Retail Core (TRC) zoning.
The project is primarily located within the boundaries of a parking lot owned by the Temecula
Redevelopment Agency of the City of Temecula; however, the western portion of the parking lot is
privately owned land. Business hours of the Farmers' Market shall be from 7:30 a.m. to 12:30 p.m.
on Saturdays (except during Rod Run events) with set-up allowed from 6:00 a.m. to 7:30 am and
clean-up from 12:30 p.m. to 2:00 p.m.
The proposed Conditional Use Permit will require that the Farmers' Market comply with specified
requirements in the selection of its vendors as set forth in the Conditions of Approval and the
License Agreement, and Amendments thereto, between the Redevelopment Agency of the City of
Temecula and Farmers' Market Management, Inc. ("License Agreement"). Approval of this
Conditional Use Permit would require that the Farmers' Market be certified by the State of California
as a "certified farmers' market" and that vendors who are certified producers shall be located within
in the certified farmers' designated area. In addition, food vendors must meet certain criteria to sell
specialty food items at the Farmers' Market; non-agricultural/non food vendors will be conditioned to
only sell handcrafted items, health items/services, nutrition items and other products that relate to
the theme of the Farmers' Market; Old Town merchants wishing to participate in the market shall be
given first priority when space becomes available; up to four vendor spaces shall be provided for
local non-profit fundraising; and musicians and entertainers providing live performances within the
theme of the Farmers' Market may be allowed. The Redevelopment Agency of the CityofTemecula
will review the vendor list quarterly to ensure compliance with these Conditions of Approval.
The Old Town Specific Plan Tourist Retail Core (TRC) land use matrix indicates that a Farmers'
Market is permitted with a Conditional Use Permit Staff can support the Farmers' Market because
the TRC zoning is intended to provide for uses that support and compliment the pedestrian-oriented
core. Staff believes the Old Town Farmers' Market will 1) create a positive image of Old Town, 2)
expose community members to retail stores and services in Old Town, and 3) reinforce Old Town's
status as the center of the community's social and civic activities.
LICENSE AGREEMENT: In December 2002, the Redevelopment Agencyentered into a License
Agreement with Farmers' Market Management Inc. (the Cunninghams) for the use of the Agency
Property at Sixth and Mercedes Street for a Farmers' Market This Agreement was then amended in
December 2004. The focus of the amendment was to provide priorityto Old Town Businesses that
wanted to participate in the Market and remove restrictions on the types of vendors allowed in the
Market The License Agreement is due to terminate on December 31,2007.
In addition, the Market operates under the Conditions of Approval from Planning Application PA99-
0512. The approved site plan shows reasonably detailed locations for certified farmers, food
vendors, artists and crafters, and non-profits.
In July2007, the Cunninghams applied to the Planning Department to expand the market into Sixth
Street The Cunningham's submitted a Minor Modification Application for this review. During the
review of this application, several issues have been called into question regarding the operation of
the existing Market These issues include the status of being a Certified Farmers' Market per State
statues and whether that allows the selling of non-agricultural items.
Certified Farmers' Market Status
The California Code of Regulations, Article 6.5, Direct Marketing defines a Certified Farmers' Market
as follows:
1392.2 (a) Certified Farmers' Market A location approved by the County Agricultural Commissioner
of that county where agricultural products are sold by producers or certified producers directly to
consumers. A certified farmers' market may be operated by one or more certified producers, by a
non-profit organization or by a local government agency.
The Cunning hams are certified producers and have received their current annual certification from
the Riverside County Agricultural Commissioner. That certification expires in August 2008.
The same Code of Regulations includes:
Section 1392.4 (c), only agricultural products may be sold or offered for sale at a Certified Farmers'
Market The sale of non-agricultural products shall not be permitted in the area designated as a
certified farmers' market
The State Health and Safety Code, Section 114371 (g), states that temporary food facilities (food
vendors) may operate as a separate community event adjacent to and in conjunction with certified
farmers' markets that are operated as a community event The oversight of temporary food facilities
is the County Health Department The Cunning hams have received their current quarterly
certification from the County of Riverside Department of Environmental Health. That certification
expires on December 31, 2007. The Cunninghams have organized the Market with the certified
farmers in a designated area and the food vendors in an area adjacent to that
RDA/Old Town Steerinq Committee Meetinq.
On Tuesday October 9, 2007 the RDA/Old Town Steering Committee of Council Members Edwards
and Comerchero held a noticed public meeting to take input regarding the potential extension of the
License Agreement Staff made a formal recommendation and there was considerable public
testimony. After receiving direction from the Steering Committee, Agency staff is recommending the
following changes to the License Agreement:
DatelTime of Usaqe. The proposed License Agreement establishes the business hours for the
Market to operate from 7:30 a.m. to 12:30 p.m. on Saturdays. Sales are allowed only during
business hours. Set-up for the Farmers' Market shall be from 6:00 a.m. to 7:30 am only on
Saturdays. The property must be vacated by 2:00 p.m. on Saturdays. The Farmers' Market shall
not be open during the Fall and Spring Rod Run Events, if they are conducted.
Certified Producers. The Market shall be certified by the State of California as a "Certified Farmers'
Market" Vendors who are certified producers (farmers) shall be located within the certified farmers'
designated area as shown on the approved site plan for Planning Application No. PA07-0290
(Conditional Use Permit).
Food Vendors (Non Aqriculturall. Cunningham and their vendors may sell specialty food items such
as soda, water, salsas, olives, cheeses, smoked food items, sausages, etc. and may sell food for
on-site consumption such as popcorn, donuts, crepes, tamales, etc. consistent with the County of
Riverside, Department of Environmental Health Rules and Regulations. Cunningham shall provide
the Agency the list of food vendors who meet the above criteria and who are on the Department of
Environmental Health's approved quarterly application.
Vendors (Non Aqricultural/Non Food). Cunningham and its vendors may sell handcrafted items,
health items or services, and nutrition items at the Farmers' Market and other products that relate to
the theme of the Farmers' Market Cunningham shall submit to the Agency on the first business day
of each calendar quarterly a list of vendors (non-agricultural/non food) and a detailed list of the items
offered for sale by such vendors for the Agency's review and approval. Only vendors (non-
agricultural/non food) who meet the following guidelines are approved by the Agency shall be
permitted as vendors in the Farmers' Markel:
1. "Handcrafted items" means those products that are made or constructed in a manner
suggesting care or special skill. Handcrafted items shall be items made exclusively by the
local vendor renting the booth or his or her personal assistant The studio or shop of the
vendor of handcrafted items and his or her personal assistant shall be located within the
Counties of Riverside, San Diego, Imperial, San Bernardino, Orange or Los Angeles.
Except for health items and nutrition items, items made by persons other than the local
vendor or his or her personal assistant and purchased for the purpose of resale are not
"handcrafted items" and shall not be sold by a vendor. Examples of handcrafted items
include hand-knitted sweaters or dresses, hand-made jewelry, woodworking, hand-carved
items and similar handcrafted items. Embellishing of existing products shall not be
considered to be "handcrafted."
2. Non-handcrafted products that fall within the theme of the Farmers' Market may be sold at
the Farmers' Market if such items relate to farming, gardening or both. Examples of such
items include gardening apparel, gardening implements, soil and potting materials and
similar items.
3. Examples of items that are not handcrafted or within the theme of the Farmers' Market as
described in this section are retail or wholesale toys, ball caps, t-shirts, sports team apparel
and accessories, sunglasses or any other retail or wholesale items not handcrafted or within
the theme of the Farmers' Market
4. Each vendor (non agricultural/non food) participating in the Farmers' Market shall file with
the Agency a declaration in a form approved by the Agency certifying that the vendor (non
agricultural/non food) is only selling such merchandise as is authorized by this Agreement
Old Town Merchants. Any Old Town Merchant that wishes to participate in the Market shall be
given first priority when space becomes available. Old Town Merchants mayonlysell inventory that
is part of the Old Town Merchants' regular business.
Clean UP. Upon the conclusion of the Farmers' Market on each Saturday, Cunningham shall return
the property in as well as condition and repair as the property existed prior to the commencement of
the Farmers' Market The parking lot shall be clear from litter, all trash barrels shall be emptied and
all debris removed from adjacent planters.
License Fee. Cunningham shall pay to the Agency a license fee at a flat rate of $400 per month.
Cunningham shall submit the license fee to the Agency on the fifth day of each month or the next
business day thereafter.
Monthlv Inspection. Representatives from the Redevelopment Agency and Code Enforcement
Departments shall make monthly inspections of the Farmers' Market
Term. This Agreement commenced as of January 1,2003, and shall terminate on December 31,
2012, unless sooner terminated. This Agreement may be terminated for any reason by either party
by providing two (2) months prior written notice of termination. The Agreement and use of the
property may be suspended by either party for breach of this Agreement, provided that, except for
lapse or cancellation of insurance, the other party is given two business days to cure the breach.
ENVIRONMENTAL FINDINGS: The City Council hereby makes the following Environmental
Findings and determinations in connection with the approval of the Conditional Use Permit
application:
In accordance with the California Environmental Quality Act, the proposed project has been deemed
to be categorically exempt from further environmental review (Section 15301, Class 1; Existing
Facilities);
Pursuant to CEQA Section 15301, Class, Existing Facilities, the City of Temecu/a must
determine that the proposed operation involves negligib/e expansion of an existing use.
The proposed Conditional Use Permit for a Farmers' Market involves a negligib/e expansion
of an existing use. Currently, a Farmers' Market exists at this location and is operating each
Saturday similar to the proposed project; however without certain restrictions which will be
imposed by this Conditional Use Permit and will modify the nature of some of the products
being sold The proposed Conditional Use Permit for a Farmers' market will not change its
location nor expand its operations except that the Vendors will be granted the use of four
adjacent bus spaces within the same parking /01. The existing Farmers' Market is open for
business each Saturday from 8:00 a.rn. until 12:00 noon. Likewise, the proposed Farmers'
Market will be open for business each Saturday from 7:30 a.rn. until 12:30 p.rn. (not
including one and a half hours for set-up and one and a half hours for clean-up). Based on
the fact that the existing Farmers' Market is very similar to the proposed Conditional Use
Permit for a Farmers' Market, the project will involve negligib/e expansion of an existing use.
In accordance with the California Environmental Quality Act, the proposed project has been deemed
to be categorically exempt from further environmental review (Section 15323, Class 23; Normal
Operations of Facilities for Public Gatherings);
Pursuant to CEQA Section 15323, Class 23, Norma/ Operations of Facilities for Public
Gatherings, the City of Temecu/a must determine that the proposed operation is similar to
the norma/ operations of existing facilities for public gatherings for which there is a past
history of the facility being used for the same or similar kind of purpose. "Past History" shall
mean that the same or similar kind of activity has been occurring for at least three years and
that there is a reasonable expectation that the future occurrence of the activity would not
represent a change in the operation of the facility.
An existing Farmers' Market, located at the Southwest comer of Sixth and Mercedes Streets,
has been in operation since October 20, 2000. Currently, the existing Farmers' Market is
open for business each Saturday similar to what is proposed for the Conditional Use Permit
(except existing business hours from 8:00 a.rn. until 12:00 noon will be slight/y modified to
7:30 a.rn. until 12:30 p.rn., excluding one and a half hours before and after for setup and
clean-up). The type of operations of the existing Farmers' Market includes various vendors
selling items at designated booths. This is exactly how the proposed Farmers' market will
operate except the Conditional Use Permit will require that the nature of the products being
sold are modified slightly to ensure consistency with the expectations of a Farmers' Market
In conclusion, there is a past history of the parking lot being used for a Farmers' Market each
Saturday, and the proposed future occurrence of the Farmers' Market will not represent a
change in the operation of the facility
FISCAL IMPACT: The License Agreement will provide a $400 per month license fee.
These funds will then be re-programmed annually through the Agency's CIP and Operating Budget
ATTACHMENTS:
Vicinity Map
Site Plan
City Council Resolution 07-_
Exhibit A - Draft Conditions of Approval
Redevelopment Agency Resolution 07-_
License Agreement between the Redevelopment Agency of the City
of Temecula and Farmers' Market Management, Inc. for Use of a
Portion of Agency Property at Sixth Street and Mercedes Street for a
Farmers Market dated December 11, 2002
First Amendment to License Agreement between the Redevelopment
Agency of the City of Temecula and Farmers' Market Management,
Inc. for Use of a Portion of Agency Property at Sixth and Mercedes
Streets for a Farmers' Market dated December 6, 2004
[Proposed] Second Amendment to License Agreement between the
Redevelopment Agency of the City of Temecula and Farmers' Market
Management, I nc. for Use of a Portion of Agency Property at Sixth
and Mercedes Streets for a Farmers' Market dated November 6,
2007
Planning Application No. PA 99-0512 Approved Site Plan
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RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA07-0290, A MINOR CONDITIONAL USE PERMIT
FOR THE OPERATION OF A FARMERS' MARKET OPEN
EACH SATURDAY FROM 7:30 A.M. UNTIL 12:30 P.M.,
GENERALLY LOCATED AT THE NORTHWEST CORNER
OF SIXTH AND MERCEDES STREETS TO INCLUDE APN
922-023-021 AND A PORTION OF APN 922-023-022 AT
28464 OLD TOWN FRONT STREET
Section 1. Procedural Findinqs. The City Council of the City of Temecula
does hereby find, determine and declare that:
A On June 30, 1997, the City of Temecula administratively approved
Planning Application No. PA96-0165, a Minor Outdoor Event for a Farmers' Market
located at the corner of Third and Front Street On October 20, 2000, The City of
Temecula administratively approved Planning Application No. PA99-0512, an
Administrative Development Plan for a Farmers' Market located at the Sixth Street
parking lot
S. On October 17, 2007, Gale Cunningham, filed Planning Application No.
PA07-0290 (a Minor Conditional Use Permit) in a manner in accord with the City of
Temecula General Plan and Development Code.
C. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
D. The City Council, at a regular meeting, considered the Application and
environmental review on November 6, 2007, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
E. At the conclusion of the Council hearing and after due consideration of the
testimony, the City Council approved Planning Application No. PA07-0290, subject to
and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinqs. The City Council, in approving the Application
hereby finds, determines and declares that:
Conditional Use Permit Section 17.04.01 O.E of the Temecula Municipal Code:
A The proposed conditional use is consistent with the General Plan and the
Development Code;
The Conditional Use Permit Application was received and reviewed by the
Planning Department, Public Works, Building and Safety, and Fire Prevention;
and the project was found to be consistent with the General Plan and the
Development Code. The proposed Farmer' Market, within the zoning of Specific
Plan 5 (Old Town), the TRC (Tourist Retail Core) land use district and the
Community Commercial General Plan Land Use designation, can be
conditionally permitted with the approval of a Conditional Use Permit. .
S. The proposed minor conditional use is compatible with the nature,
condition and development of adjacent uses, buildings and structures and the proposed
minor conditional use will not adversely affect the adjacent uses, buildings or structures;
The proposed Conditional Use Permit, as conditioned, is compatible with the
nature, character and uses of Specific Plan 5 (Old Town), the TRC (Tourist Retail
Core) land use district and the Community Commercial general plan land use
designation. The property is located within the Tourist Retail Core and an
outdoor Farmers' Market is compatible with the nature, condition and
development of adjacent uses, buildings and structures. Specifically, there is a
restaurant to the west, retail and commercial uses to the south and north, and a
fire station to the east In addition, the proposed event has been reviewed by all
applicable agencies including the City of Temecula Police, Fire, Public Works,
Building and Safety and Riverside County Health Departments and they have
determined that the project will not adversely affect the adjacent uses, buildings
or structures and that the event will operate safely
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping and other development features prescribed in this development code and
required by the Planning Commission or Council in order to integrate the use with other
uses in the neighborhood;
The existing parking lot to be utilized for the Farmers' Market adequately
provides the size and shape to accommodate the project as required in the
Development Code and by City Council in order to integrate the use with other
surrounding uses. Surrounding uses are all commercial. Yards, walls fences
and buffer areas are not necessary for the short term use on Saturdays.
Required landscaping exists on-site. Adequate loading facilities are provided
during set up and clean up, after business hours. Off-site parking is adequately
provided along the nearby streets. Therefore the development features required
by the City Council is adequate to integrate the use with other uses in the
neighborhood.
D. The nature of the proposed minor conditional use is not detrimental to the
health, safety and general welfare of the community;
The proposed project is consistent with the requirements outlined in Chapter
17.04.010 (Conditional Use Permits) of the City of Temecula's Development
Code. The City of Temecula Public Works, Fire, and Building and Safety
Departments have reviewed this outdoor event and conditioned the project as
applicable; and they have determined that it will not be detrimental to the health,
safety and general welfare of the community
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the Planning Director, Planning Commission or City Council
on appeal;
The project has been reviewed, as a whole, in reference to all applicable codes
and ordinances before the City Council.
Section 3. Environmental Findinqs. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
the Conditional Use Permit application:
A In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1; Existing Facilities);
Pursuant to CEQA Section 15301, Class 1 (Existing Facilities), the City of
Temecula must determine that the proposed operation involves negligible
expansion of an existing use.
The proposed Conditional Use Permit for a Farmers' Market involves a negligible
expansion of an existing use. Currently, a Farmers' Market exists at this location
and is operating each Saturday similar to the proposed project; however without
certain restrictions which will be imposed by this Conditional Use Permit and will
modify the nature of some of the products being sold. The proposed Conditional
Use Permit for a Farmers' Market will not change its location nor expand its
operations except that the Vendors will be granted the use of four adjacent bus
spaces within the same parking lot The existing Farmers' Market is open for
business each Saturday from 8:00 a.m. until 12:00 noon. Likewise, the proposed
Farmers' Market will be open for business each Saturday from 7:30 a.rn. until
12:30 p.rn. (not including one and a half hours for set-up and one and a half
hours for clean-up). Based on the fact that the existing Farmers' Market is very
similar to the proposed Conditional Use Permit for a Farmers' Market, the project
will involve negligible expansion of an existing use.
S. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15323, Class 23; Normal Operations of Facilities for Public Gatherings);
Pursuant to CEQA Section 15323, Class 23 (Normal Operations of Facilities for
Public Gatherings), the City of Temecula must determine that the proposed
operation is similar to the normal operations of existing facilities for public
gatherings for which there is a past history of the facility being used for the same
or similar kind of purpose. "Past History" shall mean that the same or similar kind
of activity has been occurring for at least three years and that there is a
reasonable expectation that the future occurrence of the activity would not
represent a change in the operation of the facility.
An existing Farmers' Market, located at the Southwest corner of Sixth and
Mercedes Streets, has been in operation since October 20, 2000. Currently, the
existing Farmers' Market is open for business each Saturday similar to what is
proposed for the Conditional Use Permit (except existing business hours from
8:00 a.m. unti/12:00 noon will be slightly modified to 7:30 a.m. unti/12:30 p.m.,
excluding one and a half hours before and after for setup and clean-up) The
type of operations of the existing Farmers' Market includes various vendors
selling items at designated booths. This is exactly how the proposed Farmers'
Market will operate except the Conditional Use Permit will require that the nature
of the products being sold are modified slightly to ensure consistency with the
expectations of a Farmers' Market. In conclusion, there is a past history of the
parking lot being used for a Farmers' Market each Saturday, and the proposed
future occurrence of the Farmers' Market will not represent a change in the
operation of the facility.
Section 4. Conditions. The City Council of the City of Temecula approves
Planning Application No. PA07-0290, a Minor Conditional Use Permit for the operation
of a Farmers' Market open each Saturday from 7:30 a.m. until 12:30 p.m., generally
located at the northwest corner of Sixth and Mercedes Streets to include APN 922-023-
021 and a portion of APN 922-023-022 at 28464 Old Town Front Street, subject to the
Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 6th day of November, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA07-0290
Project Description:
A Minor Conditional Use Permit for the operation of a
Farmers' Market open each Saturday from 7:30 a.m.
until 12:30 p.m. located at the northwest corner of
Mercedes and Sixth Street
Assessor's Parcel No.:
APN 922-023-021 and a portion of APN 922-0230-022 at
28464 Old Town Front Street
MSHCP Category:
NIA
DIF Category:
NIA
TUMF Category:
NIA
Approval Date:
November 6, 2007
Expiration Date:
November 6, 2009
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the
applicant/developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of condition
(Fish and Game Code Section 711.4(c)).
2. The applicant shall review and sign the Acceptance of Conditions of Approval document
that will be provided by the Planning Department staff and return the document with an
original signature to the Planning Department.
GENERAL REQUIREMENTS
Planning Department
3. The applicant/permittee shall obtain City approval for any modifications or revisions to
this Conditional Use Permit.
4. The development of the premises shall substantially conform to the approved plans
contained on file with the Planning Department for Planning Application No. PA07-0290.
5. Unless modified herein, the project shall be subject to the Conditions of Approval for
Planning Application No. PA07-0290.
6. The applicant/permittee shall indemnify, protect, defend, and hold harmless, the City and
any agency or instrumentality thereof, and/or any of its officers, employees, and agents
from any and all claims, actions, or proceedings against the City, or any agency or
instrumentality thereof, or any of its officers, employees and agents, to attack, set aside,
void, annul, or seek monetary damages resulting from an approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning Application
No. PA07-0290 which action is brought within the appropriate statute of limitations
period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq.,
including but not by the way of limitations Section 21152 and 21167). The City shall
promptly notify the permittee/applicant of any claim, action, or proceeding brought forth
within this time period. The City shall estimate the cost of the defense of the action and
applicant shall deposit said amount with the City. City may require additional deposits to
cover anticipated costs. City shall refund, without interest, any unused portions of the
deposit once the litigation is finally concluded. Should the City fail to either promptly
notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to
indemnify, defend, protect, or hold harmless the City, any agency or instrumentality
thereof, or any of its officers, employees, or agents. Should the applicant fail to timely
post the required deposit, the Director may terminate this Temporary Use Permit without
further notice to the Applicant.
7. This Conditional Use Permit may be revoked or modified pursuant to Section 17.03.080
of the City's Development Code.
8. The City, and its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to the modification of the business, a change
in scope, emphasis, size or nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional Use
Permit granted or approved or conditionally approved hereunder by the City, its Planning
Director, Planning Commission, and City Council is in addition to, and not in-lieu of, the
right of the City, its Planning Director, Planning Commission, and City Council to review
and revoke or modify any Conditional Use Permit approved or conditionally approved
hereunder for any violations of the conditions imposed on such Conditional Use Permit
or for the maintenance of any nuisance condition or other code violation thereon.
9. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two-year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
10. If commencement of the use has not occurred within two years of approval of this permit,
the permittee may file an application at least 30 days prior to expiration of the
Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension
of time shall be granted in one-year increments only.
11. Applicant shall not allow food or beverages to be sold without appropriate Health
Department permits.
12. Applicant/permittee may utilize the Property only on Saturdays. Business hours of the
Farmers' Market shall be from 7:30 a.m. 12:30 p.m. on Saturdays. Sales are allowed
only during business hours. Set-up for the Farmers' Market shall be from 6:00 a.m. to
7:30 am only on Saturdays. The property must be vacated by 2:00 p.m. Saturdays. The
Farmers' Market shall not be open during the Fall and Spring Rod Run Events, if they
are conducted. The Agency shall notify applicant/permittee of the dates of the Fall and
Spring Rod Run Events at least one (1) month prior to the events.
13. The Farmers' Market shall be certified by the State of California as a "certified farmers'
market." Applicant/permittee and its vendors shall sell agricultural products including,
but not limited to fruits, vegetables, nuts, and plants at the farmers market in accordance
with all applicable laws, rules and regulations, including, but not limited to, Title 3, Food
and Agriculture, Division 3, Economics, Chapter 1 Fruit and Vegetable Standardization,
Subchapter 4, Fresh Fruits, Nuts, and Vegetables, Article 6.5, commencing at 3 Cal.
Code Regs. 331392 et seq. Vendors who are certified producers shall be located within
in the certified farmers' designated area as shown on the approved Site Plan for City
Planning Application No. PA 07-0290.
14. Applicant/permittee and its vendors may sell specialty food items at the Farmers' Market
such as soda, water, salsas, olives, cheeses, smoked food items, sausages, and similar
specialty food items and may also sell food for on-site consumption such as popcorn,
donuts, crepes, tamales, and similar food items for on-site consumption in accordance
with all applicable laws, rules and regulations, including, but not limited to, Health and
Safety Code Section 114371 and the rules and regulations of the County of Riverside,
Department of Environmental Health. Applicant/permittee shall provide to the Agency
the list of food vendors (non-agricultural) from the quarterly application approved by the
County of Riverside, Department of Environmental Health. Only food vendors (non-
agricultural) who meet the criteria described above and who are approved by the County
of Riverside, Department of Environmental Health shall be allowed to sell specialty food
items in the Farmers' Market.
15. Applicant/permittee and its vendors may sell handcrafted items, health items or services,
and nutrition items at the Farmers' Market and other products that relate to the theme of
the Farmers' Market. Applicant/permittee shall submit to the Agency on the first
business day of each calendar quarterly a list of vendors (non-agricultural/non food) and
a detailed list of the items offered for sale by such vendors for the Agency's review and
approval. Only vendors (non-agricultural/non-food) who meet the following guidelines
are approved by the Agency shall be permitted as vendors in the Farmers' Market:
a. "Handcrafted items" means those products that are made or constructed in a
manner suggesting care or special skill. Handcrafted items shall be items made
exclusively by the local vendor renting the booth or his or her personal assistant.
The studio or shop of the vendor of handcrafted items and his or her personal
assistant shall be located within the Counties of Riverside, San Diego, Imperial,
San Bernardino, Orange or Los Angeles. Except for health items and nutrition
items, items made by persons other than the local vendor or his or her personal
assistant and purchased for the purpose of resale are not "handcrafted items"
and shall not be sold by a vendor. Examples of handcrafted items include hand-
knitted sweaters or dresses, hand-made jewelry, woodworking, hand-carved
items and similar handcrafted items. Embellishing of existing products shall not
consider to be "handcrafted."
b. Non-handcrafted products that fall within the theme of the Farmers' Market may
be sold at the Farmers' Market if such items relate to farming, gardening or both.
Examples of such items include gardening apparel, gardening implements, soil
and potting materials and similar items.
c. Examples of items that are not handcrafted or within the theme of the Farmers'
Market as described this section are retail or wholesale toys, ball caps, t-shirts,
sports team apparel and accessories, sunglasses or any other retail or wholesale
items not handcrafted or within the theme of the Farmers' Market.
d. Each vendor (non-agricultural/non-food) participating in the Farmers' Market shall
file with the Agency a declaration in a form approved by the Agency certifying
that the vendor (non-agricultural/non-food) is only selling such merchandise as is
authorized by the License Agreement between the Redevelopment Agency of the
City of Temecula and Farmers' Market Management Inc. For Use of a Portion of
Agency Property at Sixth and Mercedes Streets for a Farmers' Market" dated
December 11, 2002, and any and all Amendments thereto ("Agreement").
16. Any Old Town Merchant who wishes to participate in the market shall be given first
priority when space becomes available. An "Old Town Merchant" is a merchant doing
business at a location within the City of Temecula's Old Town Specific Plan Area. Old
Town Merchants may only sell inventory that is part of the Old Town Merchants' regular
business. Applicant/permittee shall prepare and make available to all interested Old
Town Merchants an application packet that clearly outlines the requirements and
process necessary to participate in the market in substantially the form as approved by
the Agency.
17. Applicant/permittee shall provide one additional vendor space at the Farmers' Market for
new Old Town Merchants who have opened a new store in Old Town within ninety (90)
calendar days preceding a Farmers' Market. Such merchant may occupy vendor space
for four (4) consecutive weeks.
18. Applicant/permittee shall provide up to four (4) vendor spaces at the Farmers' Market on
a weekly basis for local non-profit groups doing fundraising. If there are less than four
non-profit groups seeking a booth for fundraising, applicant/permittee may rent the
unused booths to other vendors, subject to the requirements of the Agreement, on a
weekly basis until such time as additional non-profits seek a booth for fundraising. "Local
non-profit groups" shall be those non-profit groups providing social, athletic or
recreational services or activities for persons in the City of Temecula.
Applicant/permittee shall provide one booth for the dissemination of information about
Old Town.
19. Musicians and entertainers providing live performances within the theme of the Farmers'
Market are not considered to be vendors and are permitted.
20. During the period applicant/permittee is occupying the property, applicant/permittee
agrees to maintain the property in a clean and neat condition, free and clear of garbage
and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of
any nuisance, public or private, shall be permitted.
21. Applicant/permittee and its vendors shall comply with all applicable laws, regulations and
ordinances.
22. Upon the conclusion of the farmers market on each Saturday, applicant/permittee shall
return the property in as good as condition and repair as the property existed prior to the
commencement of the farmers market. The parking lot shall be clean from litter, all trash
barrels shall be emptied and all debris removed from adjacent planters.
23. Applicant/permittee shall cooperate with and allow access to the Farmers' Market and
the property to all representatives of the City, Agency, Code Enforcement and other
governmental agency with jurisdiction over the Farmers' Market for inspection of the
Farmers' Market at such times as they determine necessary.
24. This approval may be revoked or modified by the Planning Director in accordance with
Section 17.03.080 of the Development Code.
25. Applicant shall maintain liability insurance as set forth in the "License Agreement
between the Redevelopment Agency of the City of Temecula and Farmers' Market
Management Inc. For Use of a Portion of Agency Property at Sixth and Mercedes
Streets for a Farmers' Market" dated December 11, 2002, and any and all Amendments
thereto.
Fire Prevention
26. Fire department access road, a minimum of 24 feet of unobstructed width shall be
maintained through out the event. See site plan for location of access road (CFC
902.2.2.1).
27. Booths, tents or canopies used for cooking shall not be located within 20 feet of property
lines, buildings, temporary membrane structures, other tents and canopies, parked
vehicles or internal combustion engines. For the purpose of determining required
distances, support ropes and guywires shall be considered as part of the temporary
membrane structure, tent or canopy (CFC 3205).
28. Internal combustion power source, including motor vehicles, generators and similar
equipment, shall abide by the following:
a. Fuel tanks shall be of adequate capacity to permit uninterrupted operation during
normal operating hours. Refueling shall be conducted only when the equipment
is not in use or running.
b. Shall be isolated from contact with the public by either physical guards, fencing
or an enclosure.
c. A minimum of one fire extinguisher with a rating of not less than 2-A:1 O-B:C shall
be provided.
29. Gas-, solid- and liquid-fuel-burning cooking equipment shall not be located within 10 feet
of exits or combustible material. LP gas containers shall be adequately protected (CFC
3216.3).
30. Post 'NO SMOKING' signs in the tents and canopies (CFC 3215).
31. Tents and canopies shall comply with CFC section 3207 and California Code of
Regulations Title 19 Section 335; they shall be labeled or provide certification of flame-
retardant as required by the State Fire Marshal.
32. Provide fire extinguishers in the vendor area spaced no more than 75 feet from any
location. Any single tent or canopy shall have fire extinguishers as follows:
a. 200 to 500 square feet of floor area One 2-A:1 O-B:C
b. 501 to 1,000 square feet of floor area: Two 2-A:1 O-B:C
c. Each additional 2,000 square feet of floor area or fraction thereof: One 2-A:10-B:C
d. THIS EVENT REQUIRES TWO EXTINGUISHERS (CFC 3208)
33. Provide a 40-B:C fire extinguisher at all cooking locations with deep-fat fryers, in addition
to the 2-A:10-B:C fire extinguisher, all others to have a minimum 2A:10BC fire
extinguisher (CFC 2504.3.3).
34. Concession stands utilized for cooking shall have a minimum of 10 feet clearance on two
sides (CFC 2504.3.2).
35. Extension cords shall be of a commercial type and be in good working condition.
Extension cords shall not be subjected to physical damage. No damaged cords or multi-
head cords will be allowed. Extension cords shall be in accordance with Article 85 of the
California Fire Code.
36. Hay or any other type of combustible material shall not be used as ground cover. Hay,
straw, trash and other similar flammable material shall not be stored within 30 feet of any
tent (CFC 3221.3).
37. All food serving vendors shall sign the 'food vendor' letter (attached as Exhibit "A-1 ").
Letter to be kept on file with market manager. Upon Fire Department inspection food
vendor's found in non-compliance will be dismissed from event.
Public Works Department
38. Unless otherwise noted, all conditions shall be completed by the Applicant at no cost to
any Government Agency.
39. Driveway entrance locations shall be approved by the Traffic Engineering Division.
Existing driveways shall be used when possible.
40. The Applicant shall provide adequate sediment and dust control as approved by the
Department of Public Works.
41. Signs advertising the event shall be placed on private property, outside of the public
right-of-way.
42. No vendors shall be allowed within the public right-of-way. Vendors and all activity shall
occur on private property.
Police Department
43. No extra duty officers required initially. If multiple problems arise which impact the
Police Department, the applicant must agree to pay for officers to be present at the
discretion of the police department. Police must be notified of any traffic problems.
OUTSIDE AGENCIES
44. The Applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated July 19, 2000, a copy
of which is attached.
EXHIBIT A-I
CITY OF TEMECULA +
FIRE PREVENTION BUREAU
43200 Business Park Drive . Temecula . CA. 92590. Telephone (951)694-6405 . Fax (951)506-5169
From:
All Food Serving Vendors
Sean Dakin, Fire Marshal
Requirements for Concession Booths
To:
Re:
The following are the Temecula Fire Department requirements for all food venders at the
Temecula Farmers Market.
1. Tents and canopies shall comply with CFC section 3207 and California Code of
Regulations Title 19 section 335; They shall be labeled or provide certification of flame-
retardant as required by the State Fire Marshal.
2. Any food vendor cooking with a deep fat fryer shall provide a 40BC fire extinguisher. All
other food vendors cooking booths shall provide a 2A:10BC fire extinguisher. The
extinguisher shall have California State Fire Marshal tag showing proof of service
within the last year or manufactured in the current calendar year.
3. If only heating appliances are being used a 2A: 1 OBC extinguisher shall be provided. The
extinguisher shall have a California State Fire Marshal tag showing proof of service
within the last year or manufactured in the current calendar year.
4. All persons working in booths and trailers shall be knowledgeable in the proper use of
the fire extinguisher in their area.
5. Extension cords shall be of a commercial type and in good working condition, cords shall
not be subjected to physical damage. No damaged cords or multi-head cords will be
allowed. Extension cords shall be in accordance with article 85 of the California Fire
Code.
6. Food booths shall have a minimum 10-foot clearance on two sides.
I understand that if found in non-compliance upon inspection the fire department, this will result
in being dismissed from the event.
Business Name
Signature
Date
Type of vendor: (check one)
Commercial Trailer
Food Booth
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COUNTY OF RNERSIDE
HEALTH SERVICES AGENCY
----8EF-ARTMEN'F 0F-ENViR0NMENTAL HEALTH
DATE: July 19,2000
.
TO: CITY OF TEMECULA PLANNING DEPARTMENT
r- ~TIN:r~ute NlIlland
FRO~~~rvisor .
RE: MINOR OUTDOORS EVENT NO. PA99-0512
The Department of Environmental Health has reviewed the Mirior Outdoor Event and has the following
comments:
APPLICANT TO PROVIDE:
1. Provide a 32-gaUon refuse container for each 1 00 l'~.o.....s.
2. All food facilities must contact District Environmental Health Services Bonnie Dierking at
909-600-6330 to obtain proper approval/permits.
SM:dr
(909) 955-8980
cc: Bonnie Dierking
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RESOLUTION NO. RDA
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA APPROVING THE SECOND
AMENDMENT TO THE FARMERS' MARKET LICENSE
AGREEMENT
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES
RESOLVE AS FOLLOWS:
Section 1. Findinqs. The Board of Directors does hereby find, determine and
declare that:
A. On December 11, 2002, the agency and Cunningham entered into that
certain agreement entitled "License Agreement between the Redevelopment Agency of
the City of Temecula and Farmers' Market Management Inc. for Use of a Portion of
Agency Property at Sixth Street and Mercedes Street for a Farmers' Market."
B. On December 6, 2004 the Agency and Cunningham entered in that certain
agreement entitled "First Amendment License Agreement between the Redevelopment
Agency of the City of Temecula and Farmers' Market Management Inc. for Use of a
Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers' Market."
The original agreement of December 11, 2002, as amended by the First Amendment on
December 6, 2004 shall be referred to in this Second Amendment as the "Agreement."
C. The parties now desire to amend the Agreements as set forth in this
Second Amendment.
Section 2. Environmental Findinqs. The Agency Board hereby makes the
following environmental findings and determinations in connection with the approval of
the License Agreement:
A. In accordance with the California Environmental Quality Act, the proposed
Second Amendment to the Farmers' Market License Agreement has been deemed to
be categorically exempt from further environmental review pursuant to CEQA
Guidelines Section 15301, Class 1 (Existing Facilities) because it involved negligible
expansion of an existing use. The proposed Second Amendment to the Farmers'
Market License Agreement involves a negligible expansion of an existing use.
Currently, a Farmers' Market exists at this location and is operating each Saturday
similar to the proposed project; however, with certain restrictions which will be imposed
by this Second Amendment to the Farmers' Market License Agreement and will modify
the nature of some of the products being sold. The proposed Second Amendment to
the Farmers' Market License Agreement for a Farmers' Market will neither change its
location nor expand its operations except that the Vendors will be granted the use of
four adjacent bus spaces within the same parking lot. The existing Farmers' Market is
open for business each Saturday from 8:00 a.m. until 12:00 noon. Likewise, the
proposed Second Amendment to the Farmers' Market License Agreement will allow the
Farmers' Market to be open for business each Saturday from 7:30 a.m. until 12:30 p.m.
(not including one and a half hours for set-up and one and a half hours for clean-up).
Based on the fact that the existing Farmers' Market is very similar to the Farmers'
Market that will be allowed under the proposed Second Amendment to the Farmers'
Market License Agreement, the project will involve negligible expansion of an existing
use.
B. In accordance with the California Environmental Quality Act, the proposed
Second Amendment to the Farmers' Market License Agreement has been deemed to
be categorically exempt from further environmental review pursuant to CEQA Section
15323, Class 23 (Normal Operations of Facilities for Public Gatherings), because the
proposed operation under the Second Amendment to the Farmers' Market License
Agreement is similar to the normal operations of existing Farmers' Market for which
there is a past history of the facility being used for the same or similar kind of purpose.
"Past History" shall mean that the same or similar kind of activity has been occurring for
at least three years and that there is a reasonable expectation that the future
occurrence of the activity would not represent a change in the operation of the facility.
An existing Farmers' Market, located at the Southwest corner of Sixth Street and
Mercedes, has been in operation since October 20, 2000. Currently, the existing
Farmers' Market is open for business each Saturday similar to what is proposed for the
License Agreement (except existing business hours from 8:00 a.m. until 12:00 noon will
be slightly modified to 7:30 a.m. until 12:30 p.m., excluding one and a half hours before
and after for setup and clean-up) The type of operations of the existing Farmers'
Market includes various vendors selling items at designated booths. This is exactly how
the proposed Farmers' Market will operate except the Second Amendment to the
Farmers' Market License Agreement will require that the nature of the products being
sold are modified slightly to ensure consistency with the expectations of a Farmers'
Markel. In conclusion, there is a past history of the parking lot being used for a
Farmers' Market each Saturday, and the proposed future occurrence of the Farmers'
Market will not represent a change in the operation of the facility.
Section 3. Approval of License Aqreemenl. The Board of Directors of the
Redevelopment Agency of the City of Temecula hereby approves that certain
agreement entitled "Second Amendment to License Agreement Between the
Redevelopment Agency of the City of Temecula and Farmers' Market Management
Company Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes
Street for a Farmers' Market," ("Second Amendment") with such changes in such
Second Amendment as may be mutually agreed upon by the Farmers' Market
Management Company, Inc. and the Agency Executive Director as is in substantial
conformance with the form of such Second Amendment that is on file in the Office of the
Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the
Second Amendment on behalf of the Agency. A copy of the final Second Amendment
when executed by the Agency Chairperson shall be placed on file in the Office of the
Secretary of the Agency.
Section 4. Executive Director's Authoritv. The Executive Director of the
Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all
actions necessary and appropriate to carry out and implement the Second Amendment,
and to administer the Agency's obligations, responsibilities and duties to be performed
under the said Second Amendment.
Section 5. Certification. The Secretary of the Agency shall certify the adoption
of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Redevelopment Agency of the City of Temecula this 6th day of November, 2007.
Maryann Edwards,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
Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing
Resolution No. RDA was duly and regularly adopted by the Board of Directors of
the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held
on the 6th day of November, 2007, by the following vote:
AYES:
BOARD MEMBERS:
NOES:
BOARD MEMBERS:
ABSENT:
BOARD MEMBERS:
ABSTAIN:
BOARD MEMBERS:
Susan W. Jones, MMC
City Clerk/Board Secretary
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LICENSE AGREEMENT D~. trEEN THE
AJ!.'u'J!.Y'ELOPlhJ!.lh AGENCY OF THE CITY OF
TEMECULA AND FARMER'S MARKET
MANAGEMENT INC. FOR USE OF A PORTION OF
AGENCY PRu:o: J!.n.TY AT Suu:! STREET AND
MERCEDES STREET FOR A FARMERS MARKET
. Tms LICENSE AGREEMENT is made and ",..~",..,a into by and betwe~ the
Redevelopment Agency of the City of TemecuIa, a corporation ("Agency"), and Farmer's Market
Management Inc, (Fariner's Market Management Inc, shall be known Cunningham") as of
December I I, 2002. In consideration of the mutul!l covenants, conditions and undertakings set
forth herein, the parties agree as follows:
1. Recitals. This A&"",...ent is made with resPect to the following flicts and
purposes which each of the parties acknowledge and agree are true and correct:
a. Agency is the owner of property at the northwest comer of Sixth
Street and Mercedes Street which is currently used as a public parking lot. TIris property .
is legally deSl.:ribed and depicted on Exhibit A., attached hereto and incu'.l'u...;ed herein
by this . d",.",~ce as though set forth iri full ("Property").
b. The Agency and Cunningham desire to enter into this Agreement
to provide the terms and conditions upon which Cunningham will operate a certified
farmers market on the r'''p",.;j.
c. As nsed in this Agreement, "Director" shall mean the Director of
Housing and Redevelopment of the City ofTemecula.
2. Grant of License.
a. Agency hereby grants to Cunningham a license to nse the F-roperty
on the terms aild conditions and for the uses hereinafter specified in this Agreement.
b, Except as specifically provided hereinafter to the Cull;"""j,
Cupningham shall have the exclusive right and obligation to use the Property for a
certified farmers market subject to the' regulations set forth in this Agreement.
c. Cunningham may utilize the Property only on Saturdays between
the hours of 6:00 a.m. and 6:00 p.m,
d, The faqners market on the Property shall be certified by the State
of California as a "certified farmers market."
October 12, 2002 709998
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e. Cunningham and their vendors shall sell fruits, vegetables, nuts,
plants and other agricultural products at the farmers market. Cunningham and their
vendors may sell specialty food items such as sotla, water, salsas, olives, cheeses, smoked
food items, sausages, etc. Cwmingham and their vendors may sell food for on-site
consumptiO:il such as popcorn, donuts, crepes, tamales, etc.
f. Cunningham and their vendors may sell craft items however no
more thim twenty craft vendors shall be allowed and ten of the craft vendors will be
reserved on a first right of refusal basis to existing Old Town Merchants.
g. During the period Cunningham is occupying the Property,
Cunningham agrees to maintain the F...,y",;/ in a clean and neat condition, free and clear
of garbage and debris. No dumping, storage of hazardous or toxic waste, nor the
maintenance of any nuisance, public or private, shall be permitted.
ordinances.
h. Cunningham shall comply with all applicable laws, regulations and.
i. Upon the conclusion of the farmers market on each Saturday,
Cunningham shallreturn the P.v.,"';; in as good as condition and repair as the Property
existed prior to the commencement (If the farmers market.
3. License Fee.) Cunningham shall pay to the Agency a license fee of $1
per booth, per week. Cunningham shall su~mit the license fee to the Agency on the fifth day of
each month, or the Ilext business day thereafter. .
4. Use Permits_lbis Agreement is not in lieu of obtaining a Development
Plan, Use Permit or Outdoor Event Permit from the City. Cunningham shall procure all permits
and licenses required by the City of Temecula or other governmental entities to conduct the use
on the Property. Cunningham shall comply with all govemmental rules, regulations, statutes,
ordinances and conditions of "l'pw.al of permits.
5. Term. This Agreement shall commence as of January 1,2003, and shall
terminate on December 31, 2007, unless sooner terminated. This Agreement may be terminated
for anyi1:lason by either party by providing two (2) months prior written notice of termination.
The Agreementand use of the Property may be suspended by either party for breach of this
Agreement, provided that, except for lapse or cancellation ofinsurance, the other party is given
two business days to cure the breach.
6. Liens. Cunningham shall not directly or indirectly, create or pei"mit to be
created or to remain, and will "0""''' Jy discharge, at its expense, any mortgage, lien,
encumbrance, charge, or pledge of the Property or fixtUres or furnishings, or any part thereof.
Cunningham shall indemnifY the Agency for any liens which may be placed upon the Property as
a result of Cunningham's actions or inactions, including the costs of the Agency to defend or
remove such lien.
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7. ,I I., .. 'ements. Reuairsand Maintenance. Cunningham shall make no
SUJ,,;....;:aI aiteration or repair to the Property without the prior written consent of the Director.
8. Indemnification. Agency shall not be liable for any loss. damages. or
injury to person or property of any person occasioned by or arising out of any act of Cunningham
or of anyone holding under Cunningham, nor the occupancy or use of the r."y....ly or any part
thereof by or under Cunningham; nor directly or indirectiyfrom any state or condition of said
Property or any part thereof during the term of this Agreement. Cunningham shall defend,
indemnify. protect and hold Agency and its officers. agents. volunteers. and employees hiumless
from any and all damages arising out of any act or omission of Cunningham, its officers,
employees. agents subcontractors. volunteers and persons attending Cunningham events on the
Property. except tQ'the extent as the same may arise from the Agency's negligence or wrongful
a<;ts or omissions.
9; Liabilitv Insurance. Cunningham shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the use of the Property by Cunningham, its
agents. ,,,.I'...."entatives. employees or sublicensees. .
a. Minimum Scone of Insurance. Coverage shall be at least as broad
as the following coverages and any updated insurance industry standard policies:
(I) Insurance Services Office Commercial General Liability
co...".""" (occurrence formCG 0001);
(2) Insurance Services Office foimnumber CA 0001 (Ed. 1/87)
covering Automobile Liability. code I (any auto);
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance; arid
b. M.,:.:....,....Ll Limits of Insurance. CUNNINGHAM shall maintain
limits no less than:
(1) General Liability: $2.000,000 per occurrence for bodily injury.
personal injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
(2) Automobile Liability: $500,000 pet accident for bodily injury
and property damage.
October 12, 2002 709998
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(3) Employer's Liability: $1,000,000 per accident for bodily injury
or disease.
c. Deductibles and Self-Insured Retention.~. Any deductibles or self-
insured reteliUllnS must be declared to ahd ..........;ed by the City Manager.
d. Other InSUl'ljIlce ProVisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following proVisions:
(1) The Agency, the City ofTemecula,. their offi~rs, officiills,
employees and volunteers are to be Covered as insureds as respects: liability
arising out of activities performed by or on behalf <if Cunningham; premises
owned, occupied or used by Cunningham; or automobiles owned, leased, hired or
borrowed by Cunningham. The coverage shilll contain no speciill limitations on
the scope of protection afforded to the Agency, its officers, officiills, employees or
volunteers;
(2) For arty claims related to this project, Cunningham's
insurance coverage shall be primaty insurance as respects the Agency, City, their
officers, officials, employees and volunteers. Any insurance or se1f~insured
maintained by the Agency, City, their officers, officials, employees or volunteers
shall be exc.ess of the Cunningham's insurance and shall not contribute with.it
(3) Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect coverage proVided to
the Agency, its officers, officials, employees or volunteers.
(4) The Cunningham's insurance shilll apply s...J-'......~...ly to each
insured against whom claim is made or suit is brought, except \Vith respect to the
limits of the insurer's liability.
(5) Each insutance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided, canceled by either
party, redu~d in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, retum receipt requested, has be.en given to the Agency.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the
Agency.
f. Verification of Coveral!e. Cunningham shall furnish the Agency with
original endorsements effecting coverage required by this clause. The endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to 'be on forms provided by the Agency, All endorsements are to be
received and approved by the Agency before not less than thirty (30) before the event for
which the insurance applies commences on the Property.
October 12, 2002 709998
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g. Failure to Comnlv with Insurance Reauirements. In the event
the Cunningham fails to submitthe required documentation for insurance to the Director
within the times required by this At>' ",,~ent or the Director receives notice or is made
aware of the termhlation of any required insurance policy, the Director may immediately
suspend Cunningham's right to use the Property and shall cause a notice of default to be
issued to the Cunningham. ' .
10. Assillllment and Sublettim:. Cunningham shall not assign its interest in
this Agreement or in the Properly to any person or entity without first obtaining the Director's
written consent. Any assignment or sublicense without the Director's prior written consent shall
be voidable and, at the Director's election, shall constitute a default. No consent of the Director
should be required for agreements with vendors, concessionaires and advertisers at the Property,
or booking or other performance agreements with entertainers.
Ii. Remedies. _Each party shall have all remedies as may be allowed by
law or equity to enforce its rights in this Agreement. Any such action shall be filed in Riverside
County, California.. The prevailing party in a court action shall be entitled to reasonable
attorney's fees and costs.
12. Covenants for Non"Discrimination
g. Cunningham covenants by and for itself and' any successors in
interest that there shall be no discrimination against or segregation of any person or group
of persons on account ofrace, color, creed, reli~on, sex; marital status, age, handicap,
natioi1al origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall Cunningham itself or any person claiming under or
through it establish or permit any such practice or practices of discrimination or
segregation with .".7"."uce to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the Property.
h. Cunningham shall refrain from restricting the rental or lease of the
Property on the basis ofrace, color, creed, reli~on, sex, marital status, handicap,.oatiomiI
origin or ancestry of any perSOIL All such leases, subleases or contracts shall contain or
be subject to substantially the following nondiscrimination or nonsegregation clauses:
(I) In leases: "The lessee herein covenants by and for himself or
lierself, his or her heirs, executors, administrators and assigns, and
all persons claiming under or through him or her, and this lease is
made and accepted upon and subject to the following conditions:
"There shall be no discrimination against or segregation of
any person or group of persons on account of race, color,
creed, reli~on, sex, marital status, handicap, ancestry or na-
tional origin in the leasing, subleasing, transferring, use,
October 12,,2002 709998
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occupanCy, tenure or enjoyment of the Property herein
leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit
any such practice orpractlcesof discrimination or segrega-
tion with reference to the selection, location, number, use
or OCCl.I''''';wj of tenants, lessees, sublessees, subtenants or
vendees in the Property herein leased."
(2) hi contracts: "There shall be no discrimination against or
segregation of, any person, or group of persons on account of race,
color, creed, religion, sex, niarital status, handicap, ancestry 'or
national origin, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property, nor shall the
transferee' himself or herself or any person claiming under or
through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to the
selection, location; number, use or occupancy oftenants, lessees,
subtenants, sub1essees or vendees of the P."l'".;j."
13. Notice. Any notices which either party may desire to give to the other
party under this Ao-~~~eilt must be in writing and may be given either by (i) personal service,
(ll) 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 addtess as that party may later designate by Notice:
Agency:
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92590
Attention:.Director of Housing and Redevelopment
Fanner's Market Management Company Inc.:
George lind Gale Cunningham
PO Box 1522
Fallbrook, CA 92088
14. Entire Agreement. This Agreement, and the documents attached hereto
or mentioned herein, contain all of the agreements of the Parties hereto with respect to any matter
covered or mentioned in this Agreement; and no prior agreement or understanding pertaining to
. any such matter shall be effective for any purpose: .
15. Amendments. No provision of this A6'~,,=ent may be amended or added
to except by an agreement in writing.
1/1/
October 12, 2002 709998
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IN" .lill.l!.SS WHEREOF; the parties hereto have executed this Agreement as
of the date first written above.
M..I1....VELOPMENT AGENCY OF THE
CITY1to.'"7
Shawn Nelson
Executive Director
Peter M. Thorson
. Agency Counsel
FARMER'S MARKET. MANAGEMENT
CO. INC.:
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George'Cunningham t'
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GA-~ tiatl Cunningham
October 12, 2002 709998
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FIRST AMENDMENT TO LICENSE AGREEl\U!,lII
BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA AND FARMER'S
MARKET MANAGEMENT INC. FOR USE OF A
PORTION OF AGENCY PROPERTY AT SIXTH
STREET AND MERCEDES STREET FOR A
FARMERS MARKET
TIllS FIRST AMENDMENT is made and entered into as of December 6, 2004
by and between the Redevelopment Agency of the City ofTemecula, a corporation ("Agency"),
and Fanner's Market Management Inc, ("Cunningham"). In consideration of the mutual
covenants, conditions and undertakings set forth herein, the parties agree as follows:
I. This Amendment is made with respect to the following facts and purposes.
A. On December II, 2002 the Agency and Cunningham entered into
that cerlllin agreement entitled "License Agreement between the Redevelopment Agency
of the City ofTemecula and Fanner's Market Management Inc. for Use of a Portion of
Agency Property at Sixth Street and Mercedes Street for a Fanners Market" (Agreement).
B. The parties now desire to amend the Agreement as set forth in this
Amendment.
2. Section 2 of the Agreement, Grant of License, is hereby amended to read
as follows:
"2. Grant of License.
"a, Agency hereby "..w:..~ to Cunningham a license to use the Property
on the tenus and conditions and for the uses hereinafter specified in this A".."",,,,ent.
"b. Except asspeciflcally provided hereinafter to the Cuu......./, .
Cunningham sball have the exclusive right and obligation to use the Property for a
certified fanners market subject to the regulations set forth in this Agreement.
"c, Cunningham may utilize the Property.only on Saturdays between
the hours of 6:00 a,m. and 6:00 p,m,
"d, The fanners market on the Property shall be certified by the State
of Calif ami a as a "certified farmers market."
"e, Cunningham and their vendors shall sell agricultural products
including, but not'limited to fruits, vegetables, nuts, and plants at the fanners market in
accordance with the State of Califomia Department of Agriculture, Department of Food
and Agriculture, Direct Marketing Rules and Regulations. Cunningham and their
R:\Farmer's Market\First Amendment to Farmers' Market License Agreement.DOC
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vendors may sell specialty food items suc/1 as soda, water, salsas, olives, cheeses, smoked
food items, sausages, etc. and may sell food for on-site consumption such as popcorn,
donuts, crepes, tamales, etc. consistent with the County of Riverside, Department of
Environmental Health Rules and Regulations.
"f. Cunningham and their vendors may sell craftAtealth/ nutrition
items and other products consistent with the quality and integrity of the Old Town
, Fanners' Market. Any Old Town Merchant who wishes to participate in the market shall
be given first priority and Cunningham will use reasonable practices to include them
within a reasonable time period. An "Old Town Merchant" is a merchant doing business
at a location within the City ofTemecula's Old Town Specific Plan Area.
"g. Cunningham shall provide one additional vendor space made
available for new Old Town Merchants who have opened a new store in Old Town within
the last 90 days, Such merchant may occupy vendor space for four (4) consecutive
weeks.
"h. Cunningham may provide up to five (5) vendor spaces on a weekly
basis for local non-profit groups doing fimdraising.
"i. Musicians and entertainers providing live performance during the
Market are not considered a vendor.
"j. During the period Cunningham is occupying the Property,
Cunningham agrees to maintain the Property in a clean and neat condition, free and clear
of garbage and debris. No dumping, storage of hazardous or toxic waste, nor the
maintenance of any nuisance, public or private, shall be pertnitted.
"k. Cunningham shall comply with all applicable laws, regulations and
ordinances.
"I. Upon the conclusion of the farmers market on each Saturday,
Cunningham shall return the Property in as good as condition and repair as the P'~l'''';f
existed prior to the commencement of the farmers market.
3. Except as otherwise provided in this First Amendment, all other terms and
conditions of the Agreement remain in full force and effect.
R:\Farmer's Market\F1rstAmendment to Farmers' Market License Agreement.DOC
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as
of the date first written above.
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
itDufL
Shawn Nelson
Executive Director
ArrEST;
APPROVED AS TO FORM:
fJ!afZ~
Peter M. Thorson
Agency Counsel
FARMER'S MARKET MANAGEMENT
CO. INC.:
.-f!jIJAf__
- Georg#cunningham /
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R:\Farmer's Market\First" Amendment to Farmers' Market License Agreement.DOC
SECOND AMENDMENT TO LICENSE AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND FARMER'S MARKET MANAGEMENT
COMPANY INC. FOR USE OF A PORTION OF AGENCY
PROPERTY AT SIXTH STREET AND MERCEDES STREET
FOR A FARMERS' MARKET
THIS SECOND AMENDMENT is made and entered into as of November 6, 2007 by and
between the Redevelopment Agency of the City of Temecula, a corporation ("Agency"), and
Farmers' Market Management Company, Inc., a California corporation, ("Cunningham"). In
consideration of the mutual covenants, conditions and undertakings set forth herein, the parties
agree as follows:
1.
purposes.
Recitals.
This Amendment is made with respect to the following facts and
A. On December 11, 2002 the Agency and Cunningham entered into that
certain agreement entitled "License Agreement between the Redevelopment Agency of the City
of Temecula and Farmers' Market Management Inc. for Use of a Portion of Agency Property at
Sixth Street and Mercedes Street for a Farmers' Market."
B. On December 6, 2004, the Agency and Cunningham entered into that
certain agreement entitled "First Amendment License Agreement between the Redevelopment
Agency of the City of Temecula and Farmers' Market Management Inc. for Use of a Portion of
Agency Property at Sixth Street and Mercedes Street for a Farmers' Market." The original
agreement of December 11, 2002, as amended by the First Amendment on December 6, 2004
shall be referred to in this Second Amendment as the "Agreement."
C. The purpose of the Old Town Farmers' Market is to: 1) create a positive
image of Old Town, 2) expose community members to retail stores and services in Old Town,
and 3) and reinforce Old Town's status as the center of the community's social and civic
activities.
D. The parties now desire to amend the Agreement as set forth in this
Second Amendment.
E. The terms used in the Agreement, as amended, shall have the meanings
defined herein or ascribed to them in applicable state laws and regulations. If a term defined in
this Agreement shall conflict with a definition from state law or regulation, the definition in state
law or regulation shall prevail.
2. Amendment of Section 2. Grant of License. Section 2 of the Agreement, Grant
of License, is hereby amended in full to read as follows:
"2. Grant of License.
"a. License. Agency hereby grants to Cunningham a license to use
the Property for the Old Town Farmer's Market ("Farmers' Market") on the
terms and conditions and for the uses hereinafter specified in this
Agreement.
1
"b. Exclusive Riqht. Except as specifically provided hereinafter to the
contrary, Cunningham shall have the exclusive right to use the Property
for a certified farmers market subject to the regulations set forth in this
Agreement.
"c. Date/Time of Usaqe. Cunningham may utilize the Property only
on Saturdays. Business hours of the Farmer's Market shall be from 7:30
a.m. 12:30 p.m. on Saturdays. Sales are allowed only during business
hours. Set-up for the Farmer's Market shall be from 6:00 a.m. to 7:30
a.m. only on Saturdays. The Property must be vacated by 2:00 p.m.
Saturdays. The Farmers' Market shall not be open during the Fall and
Spring Rod Run Events, if they are conducted. The Agency shall notify
Cunningham of the dates of the Fall and Spring Rod Run Events at least
one (1) month prior to the events.
"d. Certified Producers. The Farmers' Market shall be certified by
the State of California as a "certified farmers market." Cunningham and
its vendors shall sell agricultural products including, but not limited to
fruits, vegetables, nuts, and plants at the farmers market in accordance
with all applicable laws, rules and regulations, including, but not limited to,
Title 3, Food and Agriculture, Division 3, Economics, Chapter 1 Fruit and
Vegetable Standardization, Subchapter 4, Fresh Fruits, Nuts, and
Vegetables, Article 6.5, commencing at 3 Cal. Code Regs. SS 1392 et seq.
Vendors who are certified producers shall be located within in the certified
farmers' designated area as shown on the approved Site Plan for City
Planning Application No. PA 07-0290.
"e. Food Vendors (Non Aqricultural). Cunningham and its vendors
may sell specialty food items at the Farmers' Market such as soda, water,
salsas, olives, cheeses, smoked food items, sausages, and similar
specialty food items and may also sell food for on-site consumption such
as popcorn, donuts, crepes, tamales, and similar food items for on-site
consumption in accordance with all applicable laws, rules and regulations,
including, but not limited to, Health and Safety Code Section 114371 and
the rules and regulations of the County of Riverside, Department of
Environmental Health. Cunningham shall provide to the Agency the list of
food vendors (non-agricultural) from the quarterly application approved by
the County of Riverside, Department of Environmental Health. Only food
vendors (non-agricultural) who meet the criteria described above and who
are approved by the County of Riverside, Department of Environmental
Health shall be allowed to sell specialty food items in the Farmers'
Market.
"f. Vendors (Non Aqricultural/Non Food). Cunningham and its
vendors may sell handcrafted items, health items or services, and
nutrition items at the Farmers' Market and other products that relate to the
theme of the Farmers' Market. Cunningham shall submit to the Agency
on the first business day of each calendar quarterly a list of vendors (non-
agricultural/non food) and a detailed list of the items offered for sale by
such vendors for the Agency's review and approval. Only vendors (non-
agricultural/non food) who meet the following guidelines are approved by
the Agency shall be permitted as vendors in the Farmers' Market:
2
(1) "Handcrafted items" means those products that are made
or constructed in a manner suggesting care or special skill. Handcrafted
items shall be items made exclusively by the local vendor renting the
booth or his or her personal assistant. The studio or shop of the vendor
of handcrafted items and his or her personal assistant shall be located
within the Counties of Riverside, San Diego, Imperial, San Bernardino,
Orange or Los Angeles. Except for health items and nutrition items, items
made by persons other than the local vendor or his or her personal
assistant and purchased for the purpose of resale are not "handcrafted
items" and shall not be sold by a vendor. Examples of handcrafted items
include hand-knitted sweaters or dresses, hand-made jewelry,
woodworking, hand-carved items and similar handcrafted items.
Embellishing of existing products shall not be considered to be
"handcrafted."
(2) Non-handcrafted products that fall within the theme of the
Farmer's Market may be sold at the Farmer's Market if such items relate
to farming, gardening or both. Examples of such items include gardening
apparel, gardening implements, soil and potting materials and similar
items.
(3) Examples of items that are not handcrafted or within the
theme of the Farmer's Market as described this section are retail or
wholesale toys, ball caps, t-shirts, sports team apparel and accessories,
sunglasses or any other retail or wholesale items not handcrafted or
within the theme of the Farmers' Market.
(4) Each Vendor (Non Agricultural/Non Food) participating in
the Farmers' Market shall file with the Agency a declaration in a form
approved by the Agency certifying that the Vendor (Non Agricultural/Non
Food) is only selling such merchandise as is authorized by this
Agreement.
"g. Old Town Merchants. Any Old Town Merchant who wishes to
participate in the market shall be given first priority when space becomes
available. An "Old Town Merchant" is a merchant doing business at a
location within the City of Temecula's Old Town Specific Plan Area. Old
Town Merchants may only sell inventory that is part of the Old Town
Merchant's regular business. Cunningham shall prepare and make
available to all interested Old Town Merchants an application packet that
clearly outlines the requirements and process necessary to participate in
the market in substantially the form as approved by the Agency.
"h. Vendor Space for New Old Town Merchants. Cunningham shall
provide one additional vendor space at the Farmer's Market for new Old
Town Merchants who have opened a new store in Old Town within ninety
(90) calendar days preceding a Farmers' Market. Such merchant may
occupy vendor space for four (4) consecutive weeks.
"i. Vendor Space of Non-Profits. Cunningham shall provide up to
four (4) vendor spaces at the Farmers' Market on a weekly basis for local
non-profit groups doing fundraising. If there are less than four non-profit
groups seeking a booth for fund raising , Cunningham may rent the unused
booths to other vendors, subject to the requirements of this Agreement,
3
on a weekly basis until such time as additional non-profits seek a booth
for fundraising. "Local non-profit groups" shall be those non-profit groups
providing social, athletic or recreational services or activities for persons
in the City of Temecula. Cunningham shall provide one booth for the
dissemination of information about Old Town.
"j. Entertainers. Musicians and entertainers providing live
performances within the theme of the Farmers' Market are not considered
to be vendors.
"k. Maintenance. During the period Cunningham is occupying the
Property, Cunningham agrees to maintain the Property in a clean and
neat condition, free and clear of garbage and debris. No dumping,
storage of hazardous or toxic waste, nor the maintenance of any
nuisance, public or private, shall be permitted.
"I. Compliance With Laws. Cunningham and its vendors shall
comply with all applicable laws, regulations and ordinances.
"m. Clean-Up. Upon the conclusion of the farmers market on each
Saturday, Cunningham shall return the Property in as good as condition
and repair as the Property existed prior to the commencement of the
Farmers' Market. The parking lot shall be clean from litter, all trash
barrels shall be emptied and all debris removed from adjacent planters.
"n. Cooperation with Citv.Cunningham shall cooperate with and allow
access to the Farmers' Market and the Property to all representatives of
the City, Agency, Code Enforcement and other governmental agency with
jurisdiction over the Farmers' Market for inspection of the Farmers'
Market at such times as they determine necessary."
3. Amendment of Section 3. License Fee. Section 3 of the Agreement, License
Fee, is hereby amended in full to read as follows:
"Cunningham shall pay to the Agency a license fee at a flat rate of four
hundred dollars ($400.00) per month, payable to the Agency on the fifth
(5'h) day of each calendar month or the next business day thereafter."
4. Amendment of Section 5. Term. Section 5 of the Agreement, Term, is hereby
amended to extend the term to December 31, 2012.
5. Amendment of Exhibit A. Exhibit A to the Agreement, description of the
Property, is hereby amended by substituting a new Exhibit A, attached hereto and incorporated
herein, that updates the Property description and provides a map of the Property.
6. No Other Chanqes. Except as otherwise provided in this Second Amendment,
all other terms and conditions of the Agreement remain in full force and effect.
1/1/
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as
of the date first written above.
CITY OF TEMECULA,
a Municipal Corporation
Shawn Nelson
City Manager
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
FARMERS' MARKET MANAGEMENT CO., INC.
Name: George Cunningham
Title:
Name: Gale Cunningham
Title:
5
EXHIBIT A
UPDATED DESCRIPTION OF PROPERTY
6
Exhibit "A"
AlIlhat portion of Lot 1 of Tract Map 23925, as shown by Map on file in Book 209
of Maps at pages 21 through 23, Records of Riverside County, Califarnia,
Excepting the following described area:
Beginning at the most westerly corner of said Lot 1;
. . Thence North 44" 25' 45;' East, alang the northwesterly Iineaf said Lot, a
distance of 147.87 feet; ,
Thence South 45" 34' 15" East, a distance of 26.98 feet;
Thence South, 44" 25' 45" West, a distance of 18.33 feet;
Thence South 45" 30' 01? East,.a distance of 2.21 feet;
Thence South 050 45' 17" West, a distance of 35.51 feet;
. .
Thence South 45" 30' 01" East, a distance of 68.87 feet
Thence South, 14029' 59" West, a distance of 36,24 feet;
Thence South, 44" 29' 59" West, a distance of 9.50 feet;
Thence Saul/145" 30' 01" East,. a distance af 11,62 feet to a paint in the
northwesterly right-of-way line af 6th Street as shown an said map; .
Thence Sautt144" 25' 43" West along said right-of-way line, a distance of 43.98
feet,
. . . .
Thence South 85" 53' 32" West along said rigl:lt-of-way line; a ~istahce of 22.6~
feeuo a poi(llin' the northei'lsterly right-of-way line of Front Street as' shown o.n said
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COUNCIL BUSINESS
ITEM NO. 20
Approvals /l1ttr
City Attorney . J4 /J -
Director of Finance ~
City Manager ~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Glenn Patterson, Fire Chief
DATE:
November 6, 2007
SUBJECT:
Amendment of the California Fire Code
PREPARED BY:
Sean Dakin, Deputy Fire Marshal
RECOMMENDATION:
That the City Council:
1. Set the public hearing for consideration of the Fire Code Ordinance for November 27, 2007
and direct the City Clerk to publish notice as required by law.
2. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
BACKGROUND: The adoption of the most current edition of the California Fire Code is
one of the most important public health, safety and welfare issues that will be presented to you for
your consideration and adoption. The fire codes enforced by local jurisdictions in the State of
California are reviewed, amended and adopted by the Building Standards Commission on a three
(3) year code adoption cycle. Upon the adoption and publication of the State Codes, each local
jurisdiction has a period of 180 days to further modify these Codes with more stringent local
amendments based upon local geographical, topographical and or climatic conditions. The
ordinance before you tonight proposes some local amendments. Many of the provisions in this
ordinance are substantially the same as previous provisions of the current Municipal Code.
Staff is proposing to modify the code provisions that are mostly administrative in nature and are
substantiated on the requirements of fire apparatus for turning radius, weight and operational
considerations, high rise definition and hazardous materials. Provisions that dictate the requirement
of fire extinguishing systems based on building construction type, size of the building, and required
fire flow currently exist and will be carried forward. These provisions are consistent with regulations
as currently required by Riverside County Fire Department.
FISCAL IMPACT:
None.
ATTACHMENTS:
Ordinance No. 07-_
The Fire Code Ordinance
will be on file with the
City Clerk's Office
The attached Ordinance was
added as supplemental material
to Item No. 20
(Amendment of the California Fire Code)
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING BY REFERENCE THE 2007
EDITION OF THE CALIFORNIA FIRE CODE,
INCORPORATING THE 2006 INTERNATIONAL FIRE
CODE, TOGETHER WITH CERTAIN DELETIONS AND
MODIFICATIONS, AND AMENDING TITLE 15 OF THE
TEMECULA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMECUlA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 15.16 of the Temecula Municipal Code is hereby repealed
provided, however, that such repeal shall not affect or excuse any violation occurring
prior to the effective date of this Ordinance. A new Chapter 15.16 is hereby added to
Title 15 of the Temecula Municipal Code to read as follows:
"Chapter 15.16 FIRE CODE
15.16.010 Code adopted.
Except as hereinafter provided in this chapter, the California Fire Code, 2007
edition, incorporating the International Fire Code, 2006 edition, and including Chapter
7A, Appendix Chapter 1 and Appendices A, B, C, E, F, G, and H, published by the
International Fire Code Council, is hereby adopted by reference as the Fire Code of the
City of Temecula. A copy of the California Fire Code, 2007 Edition, is available for
review in the office of the City Clerk.
15.16.020 Amendments.
The following amendments, additions and deletions are made to the California
Fire Code, 2007 edition, as adopted by this chapter:
A.
APPENDIX CHAPTER 1
ADMINISTRATION
Section 105 Permits is amended as follows:
105.6.1 Aerosol products is amended to read as follows:
An operating permit is required to manufacture, store or handle an aggregate
quantity of level 2 or level 3 aerosol products. This is required for all
commercial, industrial and retail type facilities.
105.6.16 Flammable and combustible liquids, subsections 2 and 3, are
amended to read as follows:
11086-0001\1010063v1.doc
-1-
2. To store, handle or use Class I liquids inside or outside a building, except that
a permit is not required for the following:
3. To store, handle or use Class II or Class IliA liquids inside or outside a
building, except for fuel oil used in connection with oil-burning equiprnent.
105.6.20 Hazardous materials, is amended to read as follows:
An operational permit is required to store, transport on site, dispense, use or
handle hazardous materials.
105.7.7 Hazardous Materials is amended to read as follows:
A construction permit is required to install, repair damage to, abandon, remove,
place temporarily out of service, or close or substantially modify a storage facility
or other area regulated by Chapter 27.
B.
CHAPTER 2
DEFINITIONS
Section 202 General Definitions is amended as follows:
FIRE CHIEF OR CHIEF shall mean the Fire Chief of the City of Temecula, or
her/his authorized representative.
Definition to be added:
HAZARDOUS FIRE AREA is land other than state designated fire hazard
severity zone and lor local designated FHSZ which is covered with grass, grain,
brush, or forest, whether privately or publicly owned, which is so situated or is of
such inaccessible location that a fire originating upon such land would present an
abnormally difficult job of suppression or would result in great and unusual
damage through fire or resulting erosion. Such areas are designated on the
maps entitled "Hazardous Fire Areas of Riverside County" on file in the office of
the Clerk of this Board and in the office of the Fire Chief.
HIGH-RISE BUILDING, ITEM 2 is amended to read as follows:
"High-rise structure" means every building of any type of construction or
occupancy located more than 75 feet above the lowest floor level of fire
department vehicular access. Buildings measured from 55 feet to 75 feet above
the lowest floor level of fire department vehicular access shall be enhanced with
high-rise provisions as set forth in Section 509.1.
Definitions to be added:
MODEL ROCKET shall mean any toy or educational device which weighs not
more than 500 grams, including the engine and any payload that is propelled by
model rocket engines.
11086-0001\1010063v1.doc
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MODEL ROCKET ENGINE shall mean a commercially manufactured, non-
reusable rocket propulsion device which constructed of a nonmetallic casing and
solid propellant, wherein all of the ingredients are self-contained so as not to
require mixing or handling by the user and which have design and construction
characteristics determined by the State Fire Marshal to provide a reasonable
degree of safety to the user.
C.
CHAPTER 3
GENERAL PRECAUTIONS AGAINST FIRE
Section 309 Powered Industrial Trucks is amended by adding Section 309.7 to
read as follows:
309.7 Spill Containment. Each rack of batteries or group of racks shall be
provided with a liquid tight 4 inch spill control barrier which extends at least 1 inch
beyond the battery rack in all directions.
D.
CHAPTER 4
EMERGENCY PLANNING AND PREPAREDNESS
Section 404.2 Where required is amended by adding a new subsection 14 to
read as follows:
14. Windowless buildings having an occupant load of 50 or more.
E.
CHAPTER 5
FIRE SERVICE FEATURES
501.4 Timing of installation is amended to read as follows:
Fire apparatus access roads and a water supply for fire protection shall be
installed and made serviceable prior to and during the time of construction.
Temporary street signs shall be installed at each street intersection when
construction of new roadways allow passage by vehicles in accordance with
Section 505.2
503.1 Where required is amended to read as follows:
Fire apparatus access roads shall be provided and maintained in accordance
with Section 503.1.1 through 503.1.3. The City of Temecula Fire Department
shall be the only authority authorized to designate fire lanes.
503.1.1 Buildings and facilities, Exception 2, is amended to read as follows:
2. Fire apparatus access roads cannot be installed because of location on
property, topography, water ways, nonnegotiable grades or other similar
conditions, the Fire Chief is authorized to require additional fire protection as
specified in Section 1001.9.
11086-0001\1010063v1.doc
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Subsections 503.1.1.1 and 503.1.1.2 are added to read as follows:
503.1.1.1 Fences. When fences are installed that cause the distance from an
approved fire department access road to exceed the maximum distance allowed
in Section 503, a gate shall be provided in the fence to maintain the required fire
department access. The gate shall be a minimum four (4) feet in width and be
equipped with a key box and or lock accessible from both sides in accordance
with Section 506.
503.1.1.2 Other obstructions to access. When other obstructions are installed
that cause the distances from an approved fire department access road to
exceed the maximum distance allowed in Section 503, the Fire Chief is
authorized to require additional fire protection as specified in Section 901.4.3.
503.2.1 Dimensions is amended to read as follows:
Fire apparatus access roads shall have an unobstructed width of not less than
20-feet for single family dwellings and 24-feet for commercial, multifamily and
industrial, and an unobstructed vertical clearance of not less than 13-feet 6-
inches.
503.2.3 Surface is amended to read as follows:
Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be with a surface so as to provide all-
weather driving capabilities. Access roads shall be 80,000 Ibs. GVW with a
minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to
building construction all locations where structures are to be built shall have fire
apparatus access roads. When temporary fire apparatus access roads are
approved by the chief and provided for use until permanent fire access roads are
installed; the fire apparatus roads shall be an all weather surface for an 80,000
Ibs GVW.
503.2.4 Turning radius is amended to read as follows:
The required turning radius of a fire apparatus access road for commercial, multi-
family residential and industrial buildings shall have a turning radius of a
minimum forty-five (45) feet-outside radius. For single-family residential, the
required turning radius of a fire apparatus access roads shall be a minimum of a
thirty-eight (38) feet outside radius.
503.2.5 Dead ends is amended to read as follows:
Dead-end fire apparatus access roads in excess of 150-feet in length shall be
provided with an approved area for turning around fire apparatus. The maximurn
length of a dead end road or cul-de-sac shall not exceed 1320 feet.
11086-0001\1010063v1.doc
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503.2.7 Grade is arnended to read as follows:
The grade of the fire apparatus access road shall be within the limits established
by the Fire Chief based on the fire department's apparatus, however, no grade
will exceed 15 percent. Grade transitions shall not exceed the City of Ternecula's
Fire Department apparatus maximum approach and departure angles as
determined by the Fire Chief.
Section 503.2.8 is added to read as follows:
503.2.8 Loading areas and passage drop-off areas. On private property,
where fire apparatus access roads are utilized for loading or unloading or are
utilized for passenger drop-off or pick-up, an additional eight (8) feet of width
shall be added to the fire apparatus access road. This width is in addition to the
minimum required access road width.
503.3 Marking is amended to read as follows:
Where required by the fire code official, approved signs or other approved
notices shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Signs or notices shall be maintained in a clean
and legible condition at all times and be replaced or repaired when necessary to
provide adequate visibility. Fire apparatus access roads shall be identified by
curbs painted red on both the top and face along the entire length of the fire
apparatus access road. The red curbs shall be identified by stenciling "NO
PARKING FIRE LANE" along the top face and side of the curb. Where no curb
exists or a rolled curb is installed, a 6 inch wide red strip or approved posted
signs applied to the full length of the fire apparatus access road shall be installed.
Signs shall be placed every 50-feet.
504.1 Required access is amended to read as follows:
Exterior doors and openings required by this code or the California Building Code
shall be maintained readily accessible for emergency access by the fire
department. An approved access walkway leading from fire apparatus access
roads to exterior openings shall be provided when required by the fire code
official. Finished grade is to be flat and accessible on all sides of the building
were ground ladder access is the only means to reach the highest point on the
building from the exterior. Distance from the building shall be flat and shall be
determined by the Fire Chief. Obstructions will not be placed as to interfere with
ground ladder placement.
505.1 Address numbers is amended to read as follows:
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Commercial, multi-family residential and
11086-0001\1010063v1.doc
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industrial buildings shall have a minimum of twelve (12) inch numbers with suite
numbers being a minimum of six (6) inches in size. All suites shall have a
minimum of six (6) inch high letters and/or numbers on both the front and rear
doors. Single family residences and multi-family residential units shall have four
(4) inch letters and/or numbers, as approved by the Fire Prevention Bureau.
EXCEPTION: Building address numbers within the Tourist Retail Core (TRC) of
the Old Town Specific Plan, are permitted to be a minimum of eight (8) inches in
size.
Section 505.3 is added to read as follows:
505.3 Multiple buildings at a single address. Each building shall display its
specific alphabetic or numerical designation that shall be clearly distinguishable
from the fire apparatus access road.
Section 508.1 Required water supply is amended to read as follows:
An approved permanent water supply capable of supplying the required fire flow
for fire protection shall be provided by the developer prior to the commencement
of construction to all premises upon which buildings or portions of buildings are
hereafter constructed or moved into or within the jurisdiction. Water supplies for
fire protection and hydrants shall be in accordance with Appendix Band
Appendix C.
508.2.1 Private fire service mains is amended to read as follows:
Private fire service mains and appurtenances shall be installed in accordance
with NFPA 24 and the applicable provisions of NFPA 13, Chapter 10.
508.3 Fire Flow is amended to read as follows:
Fire flow requirements for buildings or portions of buildings and facilities shall be
determined by Appendix B.
508.5.5 Clear space around hydrants is amended to read as follows:
A 3-foot clear space shall be maintained around the circumference of fire
hydrants, fire department inlet connections, post indicator valves, OS&Y valves
and other fire department appurtenances.
Section 508.5.6.7 is added to read as follows:
508.5.6.7 Hydrant identification. Hydrant locations shall be identified by the
installation of reflective markers (blue dots).
11086-0001\1010063v1.doc
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Section 508.5.7 is added to read as follows:
508.5.7 Fire Hydrants Size and Outlets. Fire hydrant size and number of
outlets shall be required as determined by the fire code official.
Super Hydrant - Standard
One 4" Outlet, and Two, 2 y," Outlets
Super Hydrant - Enhanced
Two 4" Outlets, and One 2 Yo" Outlet
509.1 Features is amended to read as follows:
Where required by other sections of this code and in all buildings classified as
high-rise buildings by the California Building Code for buildings between 55 to 75
feet in height a fire command center for fire department operations shall be
provided. The Fire Command Center shall be located adjacent to the main lobby
and shall be accessible from fire department vehicular access or as approved by
the Fire Chief. The fire command center shall be separated from the remainder of
the building by not less than a 2-hour fire barrier constructed in accordance with
section 706 of the California Building Code or horizontal assembly constructed in
accordance with Section 711 of the California Building Code, or both. The room
shall have direct access from the building exterior at the lowest level of fire
department access and be a minimum of 96 square feet with a minimum
dimension of 8-feet. A layout of the fire command center and all features required
by this section to be contained therein shall be submitted for approval prior to
installation. The fire command center shall comply with NFPA 72 and shall
contain the following features:
1. [No change]
2. [No change]
3. [No change]
4. [No change]
5. [No change]
6. [No change]
7. [No change]
8. [No change]
9. [No change]
10.[No change]
11. [No change]
12. [No change]
13. [No change]
14. [No change]
11086-0001\1010063v1.doc
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15. Fire Command centers shall not be used for the housing of any boiler,
heating unit, generator, combustible storage, or similar hazardous
equipment or storage, mechanical rooms or other areas as determined
by the Fire Chief.
16. Survivability. Interconnecting cables between the Fire Command Center
and the remote control equipment, including all circuits necessary for the
operation of the notification appliances shall be protected from Attack by
Fire.
Section 509.2 is added to read as follows:
509.2 Fire Command Center Identification. The fire command center shall be
identified by permanent easily visible sign stating "Fire Dept. Command Center",
located on the door to the fire command center.
Section 510.2 is added to read as follows:
510.2 Fire sprinkler system riser room. Risers shall not be obstructed in any
manner. The fire system riser is to be provided with eighteen (18) inch clearance
to each side and to the front of the system riser, access shall be provided by
means of a door with the minimum dimensions two (2) feet six (6) inches wide by
six (6) feet eight (8) inches tall from the exterior of the building directly to the riser
as approved by the Chief. The fire system riser room shall not share with any
other equipment (i.e., mechanical, electrical, etc.). The main fire alarm control
panel shall also be placed in the riser room.
Section 511 is added to read as follows:
SECTION 511 FIRE DEPARTMENT RADIO SYSTEMS
511.01 Fire Department Emergency Communication System. When required
by the Fire Chief, approved radios, repeaters, relays, antennas, secondary power
source and other equipment as determined shall be provided within buildings to
ensure fire department firefighter radio and data communications provide a
reasonable degree of reliability for emergency services communications from
within certain buildings and structures to and from emergency communications
centers. It is the responsibility of the emergency service provider to get the signal
to and from the building site.
511.02 Scope. The provisions of this article shall apply to new buildings and
structures of construction greater than one-hundred thousand (100,000) square
feet of gross building area or modifications made within any twelve (12) month
period and exceed fifty percent (50%) of the value of the existing building(s) or
structure(s), or the use of the property is expanded or enlarged by fifty percent
(50%), which have not received a final inspection prior to the adoption of these
11086-0001\1010063v1.doc
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provisions; and all basements or sub-level parking structures over ten thousand
(10,000) square feet where the design occupant load is greater than fifty (50),
regardless of the occupancy. For the purpose of this section, area separation
walls cannot be used to define separate buildings (See new section 915 in
Chapter 9 on Fire Protection Systems).
511.03 Radio coverage. Except as otherwise provided in this article, no person
shall erect, construct or modify any building or structure or any part thereof, or
cause the same to be done which fails to support adequate radio coverage for
firefighters and police officers. A final inspection shall not be approved for any
building or structure that fails to comply with this requirement. The departments
Communication and Technology units with consideration of the appropriate fire
and law enforcement department, at the time the building permit is issued, shall
determine the frequency range or ranges that must be supported. For the
purpose of this section, adequate radio coverage shall constitute a successful
communications test between the building and the communications centers for all
appropriate emergency service providers for the building.
Section 512 is added to read as follows:
SECTION 512 FIRE DEPARTMENT BREATHING APPARATUS AIR
SYSTEMS.
All buildings having floors used for human occupancy located five (5) stories or
more above or below the lowest level of fire department vehicular access shall be
equipped with an approved breathing apparatus air refilling system. Such system
shall provide an adequate pressurized air supply through permanent piping
system for the replenishment of self contained breathing apparatus carried by fire
suppression, rescue and other personnel in the performance of their duties.
Location and specification of access stations, and the installation of such
breathing apparatus air refilling system shall be made in accordance with the
requirements and standards of the Fire Chief. ( See Chapter 9)
F.
CHAPTER 6
BUILDING SERVICES AND SYSTEMS
Section 601.2 Permits is amended to read as follows:
601.2 Permits. Permits shall be obtained for refrigeration systems, battery
systems, and commercial kitchen hood systems, as set forth in Section 105.6
and 105.7.
Section 601.3 is added to read as follows:
601.3 Construction documents. Construction documents shall be submitted to
the Fire Chief prior to the installation or modification of stationary lead-acid
battery systems, valve-regulated lead-acid battery systems, mechanical
refrigeration and commercial kitchen hoods.
11086-0001\1010063v1.doc
-9-
604.2.15.1 Standby power is amended to read as follows:
An emergency power system shall be provided. Where the emergency system is
a generator set inside a building, the system shall be located in a separate room
enclosed with 2 hour fire barriers or horizontal assemblies constructed in
accordance with the California Building Code or both. System supervision with
manual start and transfer features shall be provided at the fire command center.
604.2.15.1.2 Capacity is amended to read as follows:
The emergency system shall have the capacity and rating that supplies all
equipment required to be operational at the same time. The generating capacity
is not required to be sized to operate all of the connected electrical equipment
simultaneously.
604.2.16.2.1 Emergency Power Loads is amended to read as follows:
Emergency Power Loads. The following are classified as emergency power
loads:
1. Exit signs and means of egress illumination required by Chapter 10:
2. Elevator car lighting.
3. Emergency voice/alarm communications systems.
4. Automatic fire detection systems.
5. Fire alarm systems.
6. Power and lighting for the fire command center.
7. Lighting for mechanical rooms.
8. Electrically powered fire pumps.
9. Ventilation and automatic fire detection equipment for smoke proof enclosures.
10. Smoke control systems.
11. A selected elevator in each bank.
604.2.15.2.1 Deleted.
604.2.15.2.3 Deleted.
606.8 Refrigerant detectors is amended to read as follows:
Machinery rooms that use refrigerant shall have a detector with audible and
visual alarms. The alarm signaling devices shall comply with the audible and
visual requirements from NFPA72. The detector, or a sampling tube that draws
air into to the detector, shall be located in an area where a refrigerant from a leak
may be expected to concentrate. The alarm shall be actuated at a value not
greater than the corresponding TLV-TWA values shown in the California
Mechanical Code for the refrigerant classification. Detectors and alarms shall be
placed in one or more locations to assure notification of all occupants.
11086-0001\1010063v1.doc
-10-
Section 608.5.3 is added to read as follows:
608.5.3 Spill containment. Each rack of batteries or group of racks shall be
provided with a liquid tight 4 inch spill control barrier which extends at least 1 inch
beyond the battery rack in all directions.
G.
CHAPTER 9
FIRE PROTECTION SYSTEMS
Section 901.2.2 is added to read as follows:
901.2.2 As-built documents. Three (3) sets of as built drawings shall be
submitted to the fire department for approval within five (5) working days of the
final acceptance testing.
Section 901.3.1 is added to read as follows:
901.3.1 Modifications. No person shall remove or modify any fire protection
system installed or maintained under the provisions of the California Fire Code
without approval by the Fire Chief and the Building Official.
901.6 Inspection, testing, and maintenance is amended to read as follows:
Fire detection, alarm and extinguishing systems shall be maintained in an
operative condition at all times, and shall be replaced or repaired where
defective. It shall be the responsibility of the owner to ensure that these
requirements are met. Non required fire protection systems and equipment shall
be inspected, tested and maintained or removed. Prior to the removal of any fire
protection system, a permit shall be obtained from the Fire Chief.
902 Definitions is amended as follows:
Definition to be added:
COMMON AREA. For the purposes of ADA compliance for visual notification, a
common area shall be a room, space, or element made available for use of a
restricted group of people (example, occupants of a homeless shelter, the
occupants of an office building, or the guests of such occupants). Common areas
shall include restrooms, hallways, lobbies, meeting and conference rooms,
classrooms, cafeterias, filling and photocopy rooms, employee break rooms,
open office areas exceeding 300 square feet, examination and treatment rooms,
and similar areas that are not used solely as employee work areas. Mechanical,
electrical and telephone closets, janitor closets, and similar non-occupied spaces
that are not common areas or assigned work areas are not required to have
visual alarm devices.
11086-0001\1010063v1.doc
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903.2 Where required is amended to read as follows:
Approved automatic sprinkler systems shall be installed in all occupancies and
locations greater than 3,600 square feet or any structure having a fire flow
requirement of 1,500 gpm or more.
Exceptions:
1. [No change]
2. [No change]
3. Notwithstanding the foregoing, for U occupancies, so long as the
structure is used as storage barns ("pole barns") housing no persons
or animals, open on all sides, and when separated from all other
structures or improvements by at least 60 feet, and when also away
from all property lines by at least 60 feet, an exemption to the
requirement to install an automatic fire sprinkler system may be made
by the Fire Chief or his or her designee, in their sole discretion, when
the finding is made, in writing, by such official that such exemption will
in no way diminish the safety or increase the risk to the public, and
after the official has also determined that there is no reasonable
likelihood that a fire in and affecting such pole barn could pose
unreasonable threats to adjacent improvements, whether on or off the
parcel the pole barn is located upon.
4. All new tenants and new occupancies hereafter constructed, which
exceeds the fire area square footage of 3,600 square feet or requiring
a fire flow of 1,500 gallons per minute shall have an approved
automatic fire sprinkler system installed throughout therein.
5. All existing occupancies to which additions are made, where either the
addition itself or the building and the addition in total exceeds the fire
area square footage of 3,600 square feet or requiring a fire flow of
1,500 gallons per minute shall have an approved automatic fire
sprinkler system installed throughout therein.
6. Change of Use or Occupancy that exceeds the fire area square
footage of 3,600 square feet or requiring a fire flow of 1,500 gallons per
minute shall have an approved automatic fire sprinkler system installed
throughout therein.
903.2.10.1 Stories and basements without openings is amended to read as
follows:
An automatic sprinkler system shall be installed in every story or basement of all
buildings where the area exceeds 1500 square feet regardless of the exterior
openings.
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903.2.10.1.1 Opening dimension and access is amended to read as follows:
Openings shall have a minimum dimension of not less than 36 inches. Such
openings shall be accessible to the fire department from the exterior and shall
not be obstructed in a manner that the fire fighter or rescue cannot be
accomplished from the exterior.
903.3.7 Fire department connections is amended to read as follows:
The location of the fire department connections shall be approved and be located
within 50-feet of a public or approved fire hydrant.
903.4 Sprinkler system monitoring and alarms is amended to read as follows:
All valves controlling the water supply for automatic sprinkler systems, pumps,
tanks, water levels and temperatures, critical air pressures, and water-flow
switches on all sprinkler systems shall be electrically supervised regardless of
the number of sprinkler heads including interior and exterior valves regardless of
location or floor.
Subsection 903.4.1.1 is added to read as follows:
903.4.1.1 Duct Detectors. Duct detectors in individual tenant spaces of multi
tenant buildings shall be powered from the main building alarm power supply.
Subsection 903.4.1.2 is added to read as follows:
903.4.1.2 Fire Alarm Control Panel (FACP). The main fire alarm control panel
shall be located in the same room as, and sharing the same access as the fire
sprinkler riser.
Subsection 903.4.1.3 is added to read as follows:
903.4.1.3 Pull Station. A minimum of one (1) manual pull station shall be
provided at each automatic fire sprinkler system riser location.
Subsection 903.4.4 is added to read as follows:
903.4.4 Notification device. New tenant spaces and new occupancy buildings
shall require alarm notification devices. For multi tenant buildings an alarm
notification device shall be placed in each suite. For existing buildings with new
tenants an alarm notification device shall be required in each tenant space. For
existing buildings that are not equipped with a fire alarm system or sprinkler
monitoring system, new tenants or owners shall be required to install the
appropriate type of alarm system.
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903.4.3 Floor control valves is amended to read as follows:
Approved supervised indication control valves shall be provided at the point of
connection to the riser on each floor in all buildings. Valve locations will be
determined and approved by the Fire Chief.
Section 905.3.11 is added to read as follows:
905.3.11 High-rise building standpipes. Standpipe risers shall be combination
standpipe/sprinkler risers using a minimum pipe size of 6 inch. Shut-off valves
and water-flow devices shall be provided on each floor at the sprinkler system
connection to each standpipe. Two, four-way fire department connections serving
combination systems shall be separated from each other and located at opposite
sides of the building or as determined by the Fire Chief. At least one of the fire
department connections shall be connected to the riser above a riser isolation
valve.
907.2.19 Underground buildings is amended to read as follows:
All underground buildings shall be equipped throughout with a manual fire alarm
system, including an emergency voice/alarm communication system installed in
accordance with section 907.2.12.2.
908.3 Highly toxic and toxic materials is amended to read as follows:
Where required by Section 3704.2.2.10, for indoor storage and use of highly toxic
and toxic compressed gases a gas detection system shall be provided to detect
the presence of gas at or below the permissible exposure limit (PEL) or ceiling
limit of the gas for which detection is provided. The system shall be capable of
monitoring the discharge from the treatment system at or below one-half the
immediately dangerous to life and health (1 DLH) limit.
Exception: A gas-detection system is not required for toxic gases when the
physiological warning threshold level for the gas is at a level below the accepted
PEL for the gas.
908.3.1, 908.3.2 and 908.3.3 are added to read as follows:
908.3.1 Alarms. The gas detection system shall initiate a local alarm and
transmit a signal to a constantly attended control station when a short-term
hazard condition is detected. The alarm shall be both visible and audible and
shall provide warning both inside and outside the area where areas where gas is
detected. The audible alarm shall be distinct from all other alarms.
Exception: Signal transmission to a constantly attended control station is not
required when not more than one cylinder of highly toxic or toxic gas is stored.
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908.3.2 Shutoff of gas supply. The gas detection system shall automatically
close the shutoff valve at the source on gas supply piping and tubing related to
the system being monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for reactors utilized for the
production of highly toxic or toxic compressed eases where such reactors are:
1. Operated at pressures less than 15 pounds per square inch gauge (psig)
(103.4 kpa)
2. Constantly attended.
3. Provided with readily accessible emergency shut-off valves.
908.3.3 Valve closure. The automatic closure of shutoff valves shall be in
accordance with the following:
1. When the gas-detection sampling point initiating the gas detection system
alarm is within a gas cabinet exhausted enclosure, the shutoff valve in the gas
cabinet or exhausted enclosure for the specific gas detected shall automatically
close.
2. Where the gas-detection sampling point initialing the gas detection system
alarm is within a gas room and compressed gas containers are not in gas
cabinets or exhausted enclosures, the shutoff valves on all gas lines for the
specific gas detected shall automatically close.
3. Where the gas-detection sampling point initiating the gas detection system
alarm is within a piping distribution manifold enclosure, the shutoff valve for the
compressed container of specific gas detected supplying the manifold shall
automatically close.
Exception: When the gas-detection sampling point initiation the gas detection
system alarm is at a use location or within a gas valve enclosure of a branch line
down-stream of a piping distribution manifold, the shutoff valve in the gas valve
enclosure for the branch line located in the piping distribution manifold enclosure
shall automatically close.
908.4 Ozone gas generator rooms is amended to read as follows:
Ozone gas generator rooms shall be equipped with a continuous gas-detection
system that will shut off the generator and sound a local alarm when
concentrations above the PEL occur.
908.6 Refrigerant systems is amended to read as follows:
Machinery rooms shall contain a refrigerant detector with an audible and visual
alarm. The detector, or a sampling, tube that draws air to the detector shall be
located in an area where refrigerant from a leak will concentrate. The alarm shall
be actuated at a value not greater than the corresponding TLV- TWA values for
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the refrigerant classification indicated in the California Mechanical Code.
Detectors and alarms shall be placed in approved locations.
909.1.1 is added to read as follows:
909.1.1 High rise buildings. When required by the Fire Chief an approved
smoke control system shall be installed for high-rise buildings in accordance to
section 909.
912.2.1 Visible location is amended to read as follows:
Fire department connections shall be located on the front access side of
buildings, fully visible and recognizable from the street or nearest point of fire
department vehicle access or as otherwise approved by the fire code official. The
location of fire department connections shall be approved and installed as
follows:
1. Within 50-feet of an approved roadway or driveway and arranged so that hose
lines can be readily attached to the inlets without interference from any nearby
objects including buildings, fences, posts, plantings, or other fire department
connections and or otherwise approved by the Fire Chief.
2. With in 50-feet of an approved hydrant.
3. So that the inlet height shall not be less than 36 inches or more than 48 inches
above grade.
4. Guard posts or other approved means may be required to protect fire
department inlet connections from vehicular damage.
914.5 Underground buildings is amended to read as follows:
914.5 Underground buildings. Underground buildings shall comply with
sections 914.5.1 through 914.5 and windowless buildings with a total floor area of
5000 square feet shall comply with sections 914.5.2 through 914.5.6
Section 915 is added to read as follows:
SECTION 915 FIREFIGHTER AIR SYSTEMS.
915.1 Scope. The design, installation, and maintenance of firefighter air systems
shall be in accordance with this section.
915.2 Required installations. A firefighter air system shall be installed in the
following buildings:
1. Buildings classified as high-rise in accordance with the City of Temecula Fire
Department Ordinance and the California Building Code.
2. Underground structures that are two or more floors below grade with an area
greater than 10,000 square feet.
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915.3 Permits, plans, and fees.
915.3.1 Permits. A permit is required to install or modify a firefighter air system.
915.3.2 Plans. Prior to the installation of a firefighter air system, a minimum of
two sets of plans and specifications shall be submitted to the Fire Department for
review and approval. Plans shall demonstrate compliance with the requirements
of this section and shall include calculations prepared by a registered
professional engineer demonstrating that the design criteria for all pressure
containing components is satisfied plus a minimum safety factor of 25%. The
plans submittal shall also include specifications for the tubing, fittings, and
manufacturer data sheets for valves, pressure regulators, pressure relief devices,
gauges, RIC universal air connections and cylinder filling hoses.
915.3.3 Contractor qualification. The firefighter air system shall be installed by
California State licensed contractors. Proof of licensure shall be provided with the
plan submittal.
915.4 Design criteria.
915.4.1 The system shall be designed to fill, at each interior cylinder filling panel
one 66 standard cubic foot compressed breathing air cylinder to a maximum
pressure of 3,000 and 4,500 PSIG.
915.4.2 The filling operation shall be completed in not more than two minutes
upon connection of the cylinder to the fill hose.
915.4.3 The minimum design flow of the breathing air piping system shall be
calculated using two interior cylinder filling panels operating simultaneously and
located at the highest level above the fire department access.
915.5 Operating pressure. All components used in the system shall be rated to
operate at a minimum pressure of 5,000 PSIG at 70aF.
915.6 Marking. System piping, gauges, valves and air outlets shall be clearly
marked by means of steel or plastic labels or tags indicating their function.
Markings used for piping systems shall consist of the content's name and include
a direction of flow arrow. Markings shall be provided at each valve; at wall. floor
or ceiling penetrations; at each change of direction; and at a minimum of every
20 feet (6096 mm) or fraction thereof throughout the piping system.
915.7 Base Station exterior fire department connection panel and enclosure.
915.7.1 Location. A fire department connection panel shall be attached to the
building or on a remote monument at the exterior of the building. The panel shall
be secured inside of a weather resistant enclosure. The panel shall be within 50
feet (15240 mm) of an approved roadway or driveway, or other location approved
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by the Fire Department. The enclosure shall be visible and accessible on
approach to the building.
915.7.2 Construction. The fire department connection panel shall be installed in
a cabinet constructed of minimum 18-gauge carbon steel. When constructed of
steel, the cabinet shall be provided with coating to protect the cabinet from
corrosion. When the enclosure is constructed of non-metallic materials, the
enclosure shall be resistant to ultraviolet and infrared solar radiation.
915.7.3 Vehicle protection. When the panel is located in an area subject to
vehicle traffic, impact protection shall be provided in accordance with this Code.
915.7.4 Base Station enclosure marking. The front of the Air Substation
immediately below to the next substation above the Air Base Station.
1. The fill hoses and isolation valves shall be installed between the air bottle
connection line and the fresh air supply.
2. Excess bleed valves shall be located between the air bottle fill hose and the
next Air Substation.
3. When multiple bottle fill hoses are required at a single Air Substation, the air
supply lines shall be identified as 4500 psig pressure and 3000 psig pressure
and shall be controlled by a single valve between the air supply and air bottle.
The SCBA fill
hoses shall be designed with RIC UAC fittings. A protective cap to be provided
for each hose.
4. Mechanical supports for piping, hoses, gauges and pressure components,
shall be designed and built to provide a solid rigid structure.
915.8.6 Cylinder filling hose. The design of the cabinet shall provide a means
for storing the hose to prevent kinking. When the hose is coiled, the brackets
shall be installed so that the hose bend radius is maintained at 4 inches or
greater. The discharge outlet of each cylinder filling hose shall have a female RIC
UAC. The female fitting shall be designed to connect to a male RIC UAC. The
assembled RIC UAC shall meet the construction, performance and dimensional
requirements of NFPA 1981, Standard on Open Circuit Self-Contained Apparatus
for Fire and Emergency Services, 2002 Edition, Section 6.4.
915.8.7 Security. To prevent unauthorized access to or tampering with the
system, each panel cover shall be maintained locked by an approved means.
915.9 Installation of components.
915.9.1 Pressure monitoring switch. An electric low pressure monitoring switch
shall be installed in the piping system to monitor the air pressure. The pressure
switch shall be connected to the building's fire alarm system. The pressure
switch shall transmit a supervisory signal when the pressure of the breathing air
system is less than 3,000 PSIG at 700 F, + 100 PSIG. If the building is not
equipped with a fire alarm system, activation of the pressure switch shall activate
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an audible alarm located at the building's main entrance. A weather resistant sign
shall be provided adjacent to the audible alarm stating "FIREFIGHTER AIR
SYSTEM - LOW AIR PRESSURE ALARM." The lettering shall be in a
contrasting color and the letters shall be a minimum of 2 inches high with 3/8-
inch brush stroke.
915.9.2 Tubing. Piping shall be constructed of stainless steel or other approved
materials that are compatible with breathing air. The use of nonmetallic materials
shall be compatible with breathing air. When stainless steel tubing is used, it
shall meet ASTM A-269, Grade 316 or an equal standard. Stainless steel fitting
shall be a minimum .375 inches (9.5 mm) outside diameter x .065 inches (1.6
mm) wall Grade 316 fully annealed seamless. Stainless steel fittings shall be at
least Grade 316 and meet the requirements of ASTM A-479 or equal. Routing of
tubing and bends shall be such as to protect the tubing from mechanical
damage.
915.9.3 Support. Piping shall be supported at maximum intervals of 5 feet (1524
mm). Individual tubing clamps and mounting components shall be mechanically
secured to the building support-members in accordance with manufacturers
specifications.
915.9.4 Fittings. Fittings shall be constructed of stainless steel or other
approved materials that are compatible with breathing air. The use of nonmetallic
materials shall be compatible with breathing air. Stainless steel fittings shall be at
least Grade 316 and meet the requirements of ASTM A-479 or an equal
standard.
915.9.5 Prohibition. The use of carbon steel, iron pipe, malleable iron, high
strength gray iron, or alloy steel is prohibited.
915.10 System assembly requirements. The system shall be all welded system
except where the tubing joints are readily accessible and at the individual air fill
panels. When mechanical high-pressure tube fittings are used, they shall be
approved for the type of materials to be joined and rated for the maximum
pressure of the system.
,
Welding procedures shall meet ASME B31.1-1989, Part 4 and Chapter V (Exhibit
VI). Prior to and during the welding of sections of tubing, a continuous, regulated
dry nitrogen or argon purge at three PSIG shall be maintained to eliminate
contamination with products of the oxidation or welding flux. The purge shall
commence a minimum of 2 minutes prior to welding operations and continue until
the welded joint is at ambient temperature 600 - 800F (15S - 26.60C).
915.11 Prevention of contamination. The installing contractor shall ensure that,
at all times, the system components are not exposed to contaminants, including
but not limited to, oils, solvents, dirt and construction materials. When
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contamination of system components has occurred, the affected component shall
not be installed in the system.
915.12 Testing and inspection.
915.12.1 Testing. Following fabrication, assembly, and installation of the piping
distribution system, exterior connection panel and interior cylinder fill panels, the
Fire Department shall witness the pneumatic testing of the complete system at a
minimum test pressure of 5,500 PSI using oil free dry air, nitrogen or argon. A
minimum 24 hour pneumatic or hydrostatic test shall be performed. During this
test all fittings, joints and system components shall be inspected for leaks. A
solution compatible with the system component materials shall be used on each
joint and fitting. Any defects in the system or leaks detected shall be documented
on an inspection report, repaired or replaced. As an alternate, a pressure decay
test in accordance with ASME B31.3 is allowed. A test of the low pressure
monitoring switch shall be performed. Each air fill panel shall be tested for
compatibility with the fire department's SCBA RIC UAC. The pipe or tubing
manufacturer mill report shall be provided to the Fire Department.
915.12.2 A minimum of two samples shall be taken from separate air fill panels
and submitted to an independent certified gas analysis laboratory to verify the
system's cleanliness and that the air is certified as breathing air. The laboratory
shall submit a written report of the analysis to the Fire Department documenting
that the breathing air complies with this section.
915.12.3 During the period of air quality analysis, the air fill panel inlet shall be
secured so that no air can be introduced into the system and each air fill panel
shall be provided with a sign stating "AIR QUALITY ANALYSIS IN PROGRESS,
DO NOT FILL OR USE ANY AIR FROM THIS SYSTEM." This sign shall be a
minimum of 8 Yo X 11 inches (215 mm x 279 mm) with minimum of 1 inch (25.4
mm) lettering.
915.12.4 Inspection. Annually, the breathing air within the system shall be
inspected in accordance with this section. Annually one air sample shall be taken
and certified as breathing air in accordance with the section. The laboratory test
results shall be maintained available for review by the Fire Department.
915.13 System acceptance and certification. Prior to the final acceptance of
the air system, the building owner shall provide for the testing and certification of
the system. As a minimum, this shall include; verifying the system's compatibility
with the fire department's SCBA apparatus, the system's ability to maintain 5,000
PSI working pressure, the operability of the low pressure monitoring switch and
that the system's air quality complies with the requirements of section 915.12.
Prior to final acceptance, the building owner shall provide the Fire Department
with written verification of a testing and certification contract. Upon satisfactory
completion of all tests and verification of air quality, the system shall be
considered complete.
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H.
CHAPTER 11
AVIATION FACILITIES
1103.8 is added to read as follows:
1103.8 Drip pans. Drip pans shall be provided under the engines of all aircraft
stored or parked in any hanger where the leakage of engines fuels, lubricants or
hydraulic oils occurs.
I.
CHAPTER 22
MOTOR FUEL DISPENSING FACILITIES AND
REPAIR GARAGES
2201.1 Scope is amended to read as follows:
Automotive motor fuel-dispensing facilities, marine motor fuel-dispensing
facilities, fleet vehicle motor fuel-dispensing facilities and repair garages shall be
in accordance with this chapter and the California Building Code, California
Plumbing Code and the California Mechanical Code. Such operations shall
include both operations that are accessible to the public and private operations.
For provisions relating to the transfers of flammable and combustible liquids
directly from tank vehicles into the fuel tanks of motor vehicles located at
commercial, industrial, governmental or manufacturing establishments, see
section 3406.5.4.5
2202.1 Definitions is amended by adding definitions to read as follows:
MOTOR VEHICLE. Includes, but is not limited to, a vehicle, machine, tractor,
trailer or semi-trailer, or any combination thereof, propelled or drawn by
mechanical power and used upon the highways in the transportation of
passengers or property. It does not include a vehicle, locomotive or car operated
exclusively on a rail or rails, or a trolley bus operated by electric power derived
from a fixed overhead wire, furnishing local passenger transportation similar to
street-railway service. The term "motor vehicle" also includes freight containers
or cargo tank used, or intended for use, in connection with motor vehicles. 49
CFR Pt. 171.8 (October 2002).
MOTOR VEHICLE, UNATTENDED. A motor vehicle where the driver cannot see
the motor vehicle or hear noises in or near the motor vehicle.
Exceptions
1. Necessary absence in connection with loading and unloading the motor
vehicle.
2. Stops for meals during the day or night, if the point of parking is well lighted.
3. When in case of accident or emergency, the driver must leave to obtain
assistance.
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2203.2 Emergency disconnect switches last sentence is amended to read as
follows:
Signs shall be provided in approved locations and letters shall not be less than 3
inches (76.2 mm) in height and Yo inches (12.7 mm) in stroke.
2204.4.1 Approved containers required is amended to read as follows:
Class I, II and IliA liquids shall not be dispensed into a portable container unless
such container is of approved material and construction, and has a tight closure
with screwed or spring-loaded cover so designed that the contents can be
dispensed without spilling. Liquids shall not be dispensed into portable tanks or
cargo tanks. It shall be unlawful to sell, offer for sale or distribute any container
for the storage and/or handling of flammable liquids, unless such container has
been approved for such purpose under applicable provisions of this code.
2206.2.2 Above-ground tanks located inside buildings is amended to read as
follows:
Above-ground tanks for the storage of Class I, II and IliA liquid fuels are allowed
to be located in buildings. Such tanks shall be located in special enclosures
complying with Section 2206.2.6, in a liquid storage room or a liquid storage
warehouse complying with Chapter 34.
Exceptions
1. Above-ground tanks listed and labeled as protected above-ground tanks
containing Class I flammable liquids and having an individual capacity not
exceeding 120 gallons (454 I)
2. Above-ground tanks listed and labeled as protected above-ground tanks
containing Class II or IliA combustible liquids and having and individual capacity
not exceeding 240 gallons (906 I).
2206.2.3 Above-ground tanks located outside, above grade is amended to
read as follows:
Above ground tanks shall not be used for the storage of Class I, II or iliA liquid
motor fuels except as provided by this section.
1. Above-ground tanks used for above-ground storage of Class II or IliA shall be
listed and labeled as protected above-ground tanks and be in accordance with
Chapter 34. Tank locations shall be in accordance with Table 2206.2.3.
2. Tanks containing Class I liquids shall not exceed 12,000 gallons in individual
capacity or 12,000 gallons in aggregate capacity. Tanks containing Class II or
IliA liquid fuels shal! not exceed 12,000 gallons in individual capacity or 48,000 in
aggregate capacity. The total maximum aggregate quantity of all flammable and
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combustible liquids in above-ground storage tanks shall not exceed 48,000
gallons
2206.2.4.1 Tank capacity limits is amended to read as follows:
Tanks storing Class I liquids at an individual site shall be limited to a maximum
individual capacity of 12,000 gallons and an aggregate capacity of 12,000
gallons. Tanks storing Class II and iliA liquids at an individual site shall be limited
to a maximum individual capacity of 12,000 gallons and an aggregate capacity of
48,00 gallons.
2206.2.4.2 Fleet vehicle motor fuel-dispensing facilities is amended to read
as follows:
Vaulted tanks storing Class II and Class IliA liquids at a fleet vehicle motor fuel-
dispensing facility shall be limited to a maximum individual capacity of 20,000
gallons and an aggregate capacity of 80,000 gallons or as approved by the Fire
Chief.
2209.3.4 is added to read as follows:
2209.3.4 Overhead lines. The proximity to overhead lines shall be not less than
50 feet from vertical plane below the nearest overhead wire of an electric trolley,
train or bus line; and not less than 5 feet from the vertical plane below the
nearest overhead electrical wire.
J.
CHAPTER 23
HIGH PILED COMBUSTIBLE STORAGE
2301.3 Construction documents, item 7, is amended to read as follows:
7. Location and classification of commodities in accordance with Section 2303
and NFPA 13. Materials listed within each commodity classification is assumed
to be unmodified for improved combustibility characteristics. Use of flame-
retarding modifiers or the physical form of the material could change the
classification. See Section 2303.7 for classification of Group A, Band C plastics.
2306.4.1, 2306.4.2, and 2306.4.3 are added to read as follows:
2306.4.1 Sprinkler design in warehouses. The automatic sprinkler systems
designed for the protection of Group M and S occupancies containing high pile
storage or high challenge commodities over an area equal to or greater than
2,500 ft.2, and for the protection of hazardous materials stored more than one
pallet high in Group M, S or H occupancies shall be in accordance with this
section. This section does not apply to miscellaneous storage within the scope of
NFPA 13.
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2306.4.2 Minimum Requirements for client leased or occupant owned
warehouses. The design of an automatic sprinkler system for client leased or
occupant owned buildings containing high pile storage shall be based on the
requirements of NFPA 13. The responsible Fire Protection Engineer shall
perform a survey of the building to determine commodity classification, storage
configuration, building height and other information related to the development of
an appropriate sprinkler system design. The Engineer shall also make
reasonable efforts to meet with the building owner or operator to understand
seasonal or customer related fluctuations to the stored commodities, storage
height, and configuration. The sprinkler design shall be based on the most
demanding requirements determined through the onsite survey and discussions
with the building owner or operator. Technical Report shall clearly define the
basis for determining the commodity and sprinkler design selection, along with
how the commodities will be isolated or separated, and the referenced design
document(s), including NFPA 13 or the current applicable Factory Mutual Data
Sheets. If a specific fire test is used as the basis of design, a copy of the fire test
report shall be provided at the time of plan review.
2306.4.3 Identification of sprinkler system capabilities and limitations. An
adhesive label shall be permanently installed at or adjacent to each sprinkler
riser. When a building contains more than four risers, the sign shall be located at
an approved location inside the building. When sprinkler risers are located
outside of the building, the sign shall be stamped metal. The minimum sign
dimension is 6-inches high by 4-inches wide. The sign shall specify the
capabilities and limitations of the automatic sprinkler system. The sign shall
include the following information:
1. The design base or basis, including the edition used.
2. A statement indicating if the sprinkler design is control mode density area
method, control mode specific application, suppression mode, or any
combination thereof.
3. When used, all of the storage conditions stipulated NFPA 13 for Special
Designs.
4. The maximum storage height.
5. The minimum required aisle width.
6. If storage is in racks, the maximum rack width and minimum transverse
and longitudinal flue widths.
7. Commodities that can be protected by the automatic sprinkler system.
8. Commodities that cannot be protected by the automatic sprinkler system.
9. Limits on storage heights of idle wood and plastic storage.
10. Limits on storage heights of miscellaneous Group A plastic, tire and rolled
paper storage.
11. Locations where in-rack sprinklers are required.
12. Locations where horizontal and/or vertical barriers are required.
13. Information explaining the manufacturer, sprinkler identification number, k-
factor, and operating temperature of the overhead sprinklers protecting the
high pile storage.
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2306.6 Building access is amended to read as follows:
Building access roads shall be provided within 150 feet of all portions of the
exterior walls of buildings used for high-piled storage.
2306.6.1.1 Number of doors required is amended to read as follows:
A minimum of one access door shall be provided in each 100 lineal feet or
fraction thereof, of the exterior walls.
2308.3 Flue spaces is amended to read as follows:
Flue spaces shall be provided in accordance with Table 2308.3. Required flue
spaces shall be maintained. In double row racks a palleUcommodity stop shall be
provided along the longitudinal flue space at each level. The stop shall be steel
or other ferrous material y." thick and in the mounted position shall extend a
minimum of 4-inches above the shelves or cross member, or other method
approved by the authority having jurisdiction.
2308.4 Column protection is amended to read as follows:
Steel building columns shall be protected in accordance with NFPA 13.
K.
CHAPTER 25
TIRE REBUILDING AND TIRE STORAGE
2501.3 is added to read as follows:
2501.3 Site plans. At the time of permit application for storing tires outdoors, a
site plan shall be submitted to the fire code official identifying the location and
dimensions of tire storage areas, tire pile dimensions and height, distance from
buildings and property lines, width and location of aisles, and fire apparatus
access roads
2505.1 Individual piles is amended to read as follows:
Tire storage shall be restricted to individual piles that are 20 feet wide by 150 feet
long. Piles shall not exceed 10 feet in height. Tires shall be placed on solid, level
ground.
2505.7 Location of storage. Outdoor waste tire storage shall not be located
under bridges, elevated trestles, elevated roadways or elevated railroads.
2505.8 Dead-end aisles. No dead-end aisles shall be allowed within the facility.
2505.9 Stacking. The method of stacking shall be solid piles in an orderly stable
array to be determined by the Fire Chief.
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L.
CHAPTER 27
HAZARDOUS MATERIALS - GENERAL
PROVISIONS
2701.1 Scope is amended by deleting Exception 8.
2701.5.2 Hazardous Materials Inventory Statement (HMIS) is amended to
read as follows:
Where required by Sections 105.6 and 105.7 an application for a permit shall
include an HMIS, such as SARA (Superfund Amendments and Reauthorization
Act of 1986) Title III, Tier II Report, and/or The City of Temecula Fire Department
Chemical Classification Reporting Package. A permit shall be completed and
approved prior to approval of architectural and system plans, and/or storage, use
or handling of chemicals on the premises. The HMIS for the City of Temecula
Fire Department shall include the following information:
1. Common or Trade Name: This is the name of the chemical or product as it
appears on the container label.
2. Chemical Name(s) and %: This is the technical name for the pure
chemical. If the chemical is a mixture, list the components of the mixture
with their percentaqe composition. If it is a pure chemical, list, the percent
concentration, e.g. sulfuric acid--50%.
3. CAS number: The Chemical Abstract number can sometimes be found on
the Material Safety Data Sheet. If not, a chemical manual should provide
this information. A CAS number must be provided for each component of
mixtures.
4. Material form: Is the product a solid, liquid or gas? Solids shall be
reported in pounds, liquid reported in gallons, and gases reported in cubic
feet. Liquefied petroleum gases and cryogenic liquids must be converted
to gallons.
Aerosols must be reported in pounds and classified as Level 1, 2, or 3
based on the flammability of the propellant and the product. However, the
quantity of nonflammable/combustible components in the aerosol must be
reported in gallons, e.g., .016 gallons (2 ounces) of tetramethrin in
"Combat Fogger", the .016 gallons of tetramethrin must also be included
in the summary for that/those hazard class(es). .
5. Quantity Stored: The amount in storage within unopened containers in the
building or area.
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6. Quantity in Use: The amount in use in the process/dispensing area(s) of
the building. Also, indicate whether the amount in use is in an open or
closed system(s)
7. Location: Is the product in a cabinet, lab room, high-piled rack system,
open vat, etc.
8. Hazard Class(es): All hazard classifications for the chemical must be
listed. There may be several applicable classifications.
9. A color coded floor plan is required with all hazardous materials inventory
statement reports. The floor plan must show locations of all the chemicals
being stored, whether they are in use, storage or packaged for retail sales.
The floor plan needs to be color coded for the different chemicals that are
stored. If the commodities are stored on racks, please show the racks on
the floor plan with the commodity location on the racks.
M.
CHAPTER 30
COMPRESSED GASSES
3001.2 Permits is amended to read as follows:
Permits shall be required as setforth in Section 105.6 and 105.7.
3001.3 is added to read as follows:
3001.3 Construction documents. Construction documents shall be submitted to
the fire code official for approval prior to the installation or modification of
compressed gas systems.
3006.2 Interior supply location is amended to read as follows:
Medical gases shall be stored in areas dedicated to the storage of such gases
without other storage or uses. Where containers of medical gases are stored in
quantities greater than the maximum allowable quantity inside buildings, they
shall be in a 1-hour exterior room, a 1-hour interior room or a gas cabinet in
accordance with Section 3006.2.1, 3006.2.2 or 3006.2.3.
N.
CHAPTER 31
CORROSIVE MATERIALS
3101.2 Permits is amended to read as follows:
Permits shall be required as set forth in Appendix Chapter 1, Section 105.6 and
105.7.
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3101.3 is added to read as follows:
3101.3 Construction documents. Prior to the installation or modification of
piping, systems or tanks containing corrosive materials or the installation or
modification of storage rooms for corrosive materials, construction documents
shall be submitted to the authority having jurisdiction for approval. The
construction documents shall be sealed and signed by a qualified California
Registered Professional Engineer.
o.
CHAPTER 34
FLAMMABLE AND COMBUSTIBLE LIQUIDS
3404.3.6.1 Container type is amended to read as follows:
Containers for Class I liquids shall be metal.
Exception: In sprinklered buildings, an aggregate quantity of 120 gallons (454 L)
of water-miscible Class IB and Class IC liquids is allowed in nonmetallic
containers, each having a capacity of 16 ounces (0.473 L) or less. Plastic
containers may be used for Class II and III Liquids only when Individual
containers are:
1. Stored less than 5 feet high; or
2. Confined to box bins protected by automatic sprinklers with in racks.
3406.5.4.5, items 6,12, 17, and 24 are amended as follows:
6. Mobile fueling shall not take place within 15 feet (4572 mm) of buildings,
property lines of combustible storage or storm drains.
12. Absorbent materials, nonwater-absorbent pads capable of absorbing a
minimum of 16 gallons (16 L), a 10-foot-long (3048 mm) containment
boom, an approved container with lid, a non metallic shovel and a storm
drain spill kit shall be provided to mitigate a minimum 5-gallon (19 L)
fuel spill.
17. Fuel dispensing is prohibited within 15 feet of any source of ignition.
24. The fire code official and other appropriate authorities shall be notified
without delay by the fuel delivery operator, when a reportable spill or
unauthorized discharge occurs or when any spill or accident release,
inside or outside of a building could present a fire or life safety hazard.
P.
CHAPTER 35
FLAMMABLE GASES
3501.2 Permits is amended to read as follows:
Permits shall be required as set forth in Section 105.6 and 105.7.
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3501.3 is added to read as follows:
3501.3 Construction documents. Prior to the installation or modification of
piping, systems or tanks containing flammable gases or the installation or
modification of storage rooms for flammable gases, construction documents shall
be submitted to the Authority Having Jurisdiction for approval. The construction
documents shall be sealed and signed by a qualified California Registered
Professional Engineer.
3502.1 is amended by adding a definition to read as follows:
METAL HYDRIDE STORAGE SYSTEM - A system for the storage of hydrogen
gas absorbed in solid material.
3503.1.7 and 3503.1.7.1 are added to read as follows:
3503.1.7 Hydrogen gas absorbed in solids. The hazard classification of the
metal hydride storage system, as required by Section 2701.2.2, shall be based
on the hydrogen stored without regard to the metal hydride content.
3503.1.7.1 Listed system. Metal hydride storage systems shall be listed for the
application and designed in a manner that prevents the removal of the metal
hydride.
Q.
CHAPTER 38
LIQUEFIED PETROLEUM GASES
3801.2 Permits is amended to read as follows:
Distributors shall not fill an LP-gas container for which a construction permit is
required until the installation has been inspected and approved by the fire code
official.
3801.2.1 and 3803.2.3 are added to read as follows:
3801.2.1 Operational permit. An operational permit is required to operate a
LP-Gas installation with an aggregate water capacity of more than 2,000 gallons
or to use an open flame (flare) to dispose of LP Gas from a container.
3803.2.3 Idle cylinders. Cylinders in storage awaiting use shall be stored
outside of Group A occupancies.
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R. APPENDICES
Appendix B
B104.2 Area separation is amended to read as follows:
Portions of buildings which are separated by fire walls without openings,
constructed in accordance with the California Building Code, may be considered
as separate fire flow area calculations.
B105.1 One- and two-family dwellings is amended to read as follows:
The minimum fire-flow requirements for one- and two-family dwellings having a
fire flow calculation area which does not exceed 3,600 square feet shall be 1,000
gallons per minute. Fire flow and flow duration for dwellings having a fire flow
calculation area in excess of 3,600 square feet shall not be less than 1,500 gpm
@ 20 psi residual pressure for a 2 hour duration. Fire hydrant locations and
distribution shall be in accordance with Appendix C.
B105.2 Buildings other than one- and two-family dwellings is amended to
read as follows:
The minimum fire flow and flow duration for Commercial, Retail and Multi Family
buildings shall have water mains capable of delivering a fire flow of not less than
4,000 gpm @ 20psi residual pressure for a 4-hour duration. Fire hydrant
locations and distribution shall be in accordance with Appendix C.
B105.3 Industrial Buildings. Industrial developments shall have water mains
capable of delivering a fire flow of not less than 6,000 gpm @ 20psi residual
pressure for a 4-hour duration. Fire hydrant locations and distribution shall be in
accordance with Appendix C.
Appendix C
C102.1 Fire hydrant locations is amended to read as follows:
Fire hydrants shall be provided at street intersection and along required fire
apparatus access roads and adjacent public streets. Fire hydrants used or
installed for the frontage requirements as stated by Table C1 05.1 shall be on the
building side of fire department access roads and adjacent public streets.
Table C105.1 Footnote c is amended to read as follows:
Where new water mains are extended along streets where hydrants are not
needed for protection of structures or similar fire problems super fire hydrants
shall be provided at spacing not to exceed 1,000 feet to provide for transportation
hazards. Water mains serving one and two-family residential developments,
super fire hydrants shall be provided at spacing not to exceed 500 feet along the
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tract boundary for transportation hazards. Water mains serving multi-family,
commercial and industrial developments, super or enhanced fire hydrants as
determined by the Fire Chief shall be provided at spacing not to exceed 350 feet
of frontage for transportation hazards.
15.16.030 Penalties for violation of Chapter 15.16.
Any person, firm, partnership, or corporation violating any provision or to failing to
comply with any of the requirements of this Chapter or any of the Codes hereby
adopted, shall be subject to the penalties set forth in Chapters 1.20, 1.21 and 1.24 of
the Temecula Municipal Code. Each and every person, firm, partnership, or corporation
shall be deemed guilty of a separate offense for each and every day or any portion
thereof during which any violation of any of the provisions of this Chapter or the Codes
hereby adopted is committed, continued or permitted by such person, firm, partnership
or corporation, and shall be deemed punishable therefore as provided in this Chapter.
15.16.040 Civil remedies available.
The violation of any of the provisions of this Chapter or any of the Codes hereby
adopted shall constitute a nuisance and may be abated by the City through civil process
by means of restraining order, preliminary or permanent injunction or in any other
manner provided by law for the abatement of such nuisances.
Section 2. Severability. The City Council declares that, should any proVIsion,
section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be
rendered or declared invalid by any final court action in a court of competent jurisdiction,
or by reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences and words of this Ordinance and the Codes hereby adopted
shall remain in full force and effect.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the manner prescribed by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
AYES:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
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ITEM NO. 21
Approvals
City Attorney
Director of Finance
City Manager
~
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mark Harold, Director of Building and Safety
DATE:
November 6, 2007
SUBJECT:
Adoption of the 2007 California Building Codes
RECOMMENDATION:
That the City Council:
1. Set the public hearing for consideration of the Building Code Ordinance for November 27,
2007 and direct the City Clerk to publish notice as required by law.
2. Introduce and read by title only an ordinance entitled:
ORDI NANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 15.04 OF THE
TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE
THE FOLLOWING CODES WITH CERTAIN AMENDMENTS
THERETO: THE 2007 EDITION OF THE CALIFORNIA
BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA
MECHANICAL CODE; THE 2007 EDITION OF THE
CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF
THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION
OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE
2007 CALIFORNIA ENERGY CODE.
The ordinance presented tonight is staff's recommendation for the introduction and first reading of
the model codes. The State mandated adoption date is January 1, 2008. The ordinance proposes
very few local amendments. Staff has been involved in a statewide effort to obtain uniformity among
regional or county jurisdictions in the code provisions they enforce.
Specifically, staff is proposing to modify the code provisions affecting the required plumbing fixture
counts in the Old Town Specific Plan area are not capable of complying with current code provision
without entering into costly additions to buildings. Unlike other areas of the city, public restroom
facilities have been provided at various locations throughout Old Town with others planned. The
code amendment proposed will raise the occupant loading before additional restrooms and fixtures
are required. Other amendments in this legislation are mostly administrative in nature. Regulations
that dictate the minimum fire resistance of roofing material used in the city and the requirement for
licensed contractors to perform certain work in commercial buildings currently exist and will be
carried forward. Staff is also recommending the requirement for installation of emergency gas shut-
off valves based upon the geological fact of the known fault zones in Temecula.
FISCAL IMPACT:
None.
ATTACHMENTS:
Ordinance No. 07-
The Building Code Ordinance
will be on file with the
City Clerk's Office
The attached Ordinance was
added as supplemental material
to Item No. 21
(Adoption of the 2007 California Building Codes)
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING BY REFERENCE THE 2007
EDITION OF THE CALIFORNIA BUILDING CODE; THE
2007 EDITION OF THE CALIFORNIA MECHANICAL
CODE; THE 2007 EDITION OF THE CALIFORNIA
PLUMBING CODE; THE 2007 EDITION OF THE
CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION
OF THE CALIFORNIA ADMINISTRATIVE CODE; AND
THE 2007 CALIFORNIA ENERGY CODE, TOGETHER
WITH CERTAIN AMENDMENTS AND DELETIONS, AND
AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL
CODE.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Sections 15.04.010 through 15.04.080 of Chapter 15.04
Construction Codes of Title 15 (Building and Construction) of the Temecula Municipal
Code are hereby deleted. New Sections 15.04.010 through 15.04.070 are hereby
added to Chapter 15.04 to read as follows:
15.04.010 Codes Adopted. Except as hereinafter provided in this Chapter, the
following codes are adopted by reference as the Building Codes of the City of
Temecula:
A. California Building Code, 2007 Edition, Volumes 1 and 2 (Part 2 of Title 24
of the California Code of Regulations), including Appendix Chapter 1-Administration,
Appendix A -Employee Qualifications, Appendix C-Agricultural Buildings, Appendix F -
Rodent Proofing;
B. California Historical Building Code, 2007 Edition (Part 8 of Title 24 of the
California Code of Regulations);
C. California Existing Building Code, 2007 Edition (Part 10 of Title 24 of the
California Code of Regulations);
D. California Electrical Code, 2007 Edition (Part 3 of Title 24 of the California
Code of Regulations);
E. California Mechanical Code, 2007 Edition (Part 4 of Title 24 of the
California Code of Regulations);
F. California Plumbing Code, 2007 Edition (Part 5 of Title 24 of the California
Code of Regulations);
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G. California Administrative Code, 2007 Edition (Part 1 of Title 24 of the
California Code of Regulations);
H. California Energy Code, 2007 Edition (Part 6 of Title 24 of the California
Code of Regulations).
A copy of each of the above codes shall be maintained in the office of City Clerk
and shall be made available for public inspection while such codes are in force.
15.04.020 California Building Code. The following amendments, additions and
deletions are made to the California Building Code, 2007 Edition, as adopted by this
Chapter.
A. Section 105.2 of Appendix Chapter 1 is hereby amended by modifying
subsection 4 under Building, to read as follows:
4. Retaining walls that are not over three (3) feet in height, and garden
wC!lIs not over four (4) feet in height, measured from the top of footing to top of wall
unless supporting a surcharge or impounding flammable Class I, Class II or I II-A liquids.
B. Section 105.3 Application for permit, of Appendix Chapter 1, is hereby
amended by adding Subsection 8 to read as follows:
8. All contractors and their subcontractors must have current and valid
city business licenses.
C. Section 105.5 Permit Expiration, of Appendix Chapter 1, is amended to
read as follows:
Every permit issued shall expire by limitation and become invalid unless
the work authorized on the site by such permit is commenced within 180 days after its
issuance, or if the work authorized by such permit does not progress in a manner that
result in an approval of an inspection that clearly moves the project forward. Any permit
that has not progressed meeting this requirement within a period of 180 days shall be
considered suspended or abandoned, and shall expire by limitation. Before such work
can be recommenced, a new permit shall first be obtained to do so, and the fee
therefore shall be one-half the amount required for a new permit for such work, provided
no changes have been made or will be made in the original plans and specifications for
such work, no changes have occurred to any applicable codes, and provided further
that such suspension or abandonment has not exceeded one year. In order to renew
action on a permit after expiration, the permittee shall pay a new full permit fee. When
changes to any applicable codes have been adopted, the permit may only be reinstated
after a review has been made to certify that any new code requirements have been
incorporated into the plans.
D.
follows:
Section 108.2 of Appendix Chapter 1 is hereby amended to read as
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Fees for permits and services rendered pursuant to these building and
construction regulations shall be paid to the building official as set forth in schedules
established by resolution of the City Council.
Section 108.3 of Appendix Chapter 1 is hereby amended by deleting the
last sentence and replacing the same with a sentence to read as follows:
The determination of value or valuation under any of the provisions of these codes shall
be made by the building official. The value to be used in computing the fees shall be
the total value of all construction work for which the permit is issued, as well as all finish
work, painting, roofing, electrical,. plumbing, heating, air conditioning, elevators, fire
extinguishing systems and any other permanent equipment.
Section 108.7 is added to Appendix Chapter 1 to read as follows:
108.7 Plan review fees.
a) The plan review fees specified in this Appendix or otherwise
authorized by this Code are separate fees from the permit fees specified in Section
15.02.010 and are in addition to the permit fee.
b) When submittal documents are incomplete or changed so as to
require additional plan review or when the project involves deferred submittal items as
defined in Section 106.3.4.2 of this Appendix, an additional plan review fee shall be
charged at the rate established by resolution to the City C~uncil.
E. Section 109.3.6 Fire-Resistant Penetration, of Appendix Chapter 1, is
amended to read as follows:
Protection of joints and penetrations in fire resistance-rated assemblies
shall not be concealed from view until inspected for all designed fire protection.
Required fire seals/fire barriers in fire assemblies at fire-resistant penetrations shall be
installed by individuals with classification or certification covering the installation of
these systems providing certification covering the installation of these systems providing
certification of compliance for building official's final approval.
F. Section 110.1 Use and Occupancy, of Appendix Chapter 1, is hereby
amended by adding the following:
To ensure appropriate continued use of any occupied space the building
official will issue a new Certificate of Occupancy upon any change of tenant at the fee
rates established by the City Council.
G. Section 113.4 of Appendix Chapter 1 is hereby amended by adding the
following:
Violations and violation penalties are subject to Section 15.02.060 and
Chapter 1.20 of the Municipal Code.
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H. Section 113.4.1 is hereby added to Appendix Chapter 1 to read as follows:
113.4.1 Additional violations. It is unlawful for any person, firm or
corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any building or structure or cause or permit
the same to be done in violation of this code.
I. Section 113.4.2 is hereby added to Appendix Chapter 1 to read as follows:
113.4.2 Civil Penalty. Any person, firm or corporation who shall proceed
with or commence work for which a permit is required by these building and
construction regulations without first having obtained such permit shall, if subsequently
permitted to obtain a permit therefore, pay double the fee fixed for such work. The
original permit fee shall be for issuance of the permit and the balance shall be a civil
penalty. This provision shall not apply to emergency work when it shall be proved to the
satisfaction of the building official that such work was urgently necessary and that it was
not practical to obtain a permit before commencement of the work. In all such cases a
permit must be secured as soon as it is practicable to do so, and if there is an
unreasonable delay in securing the required permit, the civil penalty as provided in this
section shall be charged. In no even shall such civil penalty exceed the permit fee plus
five hundred dollars. The civil penalty provided in this section shall be in addition to any
other fines and remedies prescribed elsewhere in this code. The payment of such fees
and fine shall not relieve any persons from fully complying with the requirements of
these building and construction regulations in the execution of the work.
J. Section 304.1 is amended by adding the following exception:
Exception 1: In the Old Town Specific Plan area, for the purpose of
determining required sanitation facilities, Group B and Group M occupancies shall be
those with an occupant load of fifty (50) or less.
K. Section 501.2 Address numbers is hereby amended by adding the
following:
Numbers or addresses for commercial and industrial buildings shall be
maintained a minimum of twelve (12) inches in height facing the street or front of the
building. Numbers or addresses in the Tourist Retail Core (TRC) of the Old Town
Specific Plan, is permitted to be a minimum of eight (8) inches. All suites must have a
minimum of six (6) inch high letters on both front and rear doors. Residential usages
must have as a minimum four (4) inch high letters. All letters must be placed upon a
contrasting background.
L. Section 1506.1 Scope is hereby amended by adding the following:
The roof covering or roofing assembly on any structure regulated by this
Code within the Historical District Overlay, generally known as the Old Town Temecula
Historical Preservation District, shall not be less than a Class C roofing assembly.
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M. Section 1910.1 General, first paragraph, is hereby amended, and a new
exception is added, to read as follows:
The minimum thickness of concrete floor slabs supported directly on the
ground shall not be less than three and one-half (3 Yz) inches. All occupancies shall
have a minimum six (6) mil moisture-vapor retarder barrier with minimum two (2) inch
sand cover.
Exception 6: A moisture barrier shall not be required under slabs on
grade of open or enclosed patios associated to and with R-3 occupancy.
N. Section 1910.2 is hereby added to read as follows:
1910.2 Additional requirements. Slab Dowels in all occupancies, slab
connection from existing slabs to new construction shall be placed at a minimum
twenty-four (24) inches on center with reinforcing steel of one half inch minimum
diameter, eight (18) inches in length. Embedment to existing shall be a minimum of six
(6) inches.
O. Section 3109.4.1 Barrier height and clearances is hereby amended to
read as follows:
Every outdoor swimming pool shall be provided with a barrier that shall be
installed, inspected and approved prior to plastering or filling with water. The top of the
barrier shall be at least sixty (60) inches above grade measured on the side the barrier
that faces away from the swimming pool. The maximum vertical clearance at the
bottom of the barrier may be increased to four (4) inches (102 mm) when the grade is a
solid surface such as a concrete deck, or when the barrier is mounted on top of the
above ground pool structure. When barriers have horizontal members space less than
fort-five (45) inches (1143 mm) apart, the horizontal members shall be placed on the
pool side of the barrier. Any decorative design work on the side away from the
swimming pool, such as protrusions, indentations away from the swimming pool, such
as protrusions, indentations or cutouts which render the barrier easily climbable, is
prohibited.
P. The following Appendices are deleted in their entirety from the California
Building Code: Appendices B, D, E, G, H, I, and J, and the California Elevator Safety
Construction Code.
15.04.030 California Electrical Code. The following amendments, additions
and deletions are made to the California Electrical Code, 2007 Edition, as adopted by
this Chapter.
A. Section 90.4 is hereby amended by adding the following:
Violations and violation penalties are subject to Sections 15.02.060 and
chapter 1.20 of this Municipal Code.
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For commercial projects an electrical contractor shall be responsible for
obtaining permits for electrical work performed.
B. Section 90.8 is hereby amended by adding the following:
Accessory uses or other building, signs, separately located on the same
lot or premises shall have connecting conductors run underground. (Agricultural area
excepted).
Where spare circuit protective devices are provided or space for future
circuit protective devices are provided on the bus in any flush or semi-flush mounted
panel, then raceways of sufficient capacity to permit utilization of such space or spaces
shall be provided to an approved accessible location.
Circuits for electric vehicle charging stations shall meet all the
requirements of CEC Article 625. Residential garages shall have a minimum three
quarter (3/4) inch metal flex conduit ran from meter box to the garage fire wall and
terminated in a metal box at forty-two (42) inches above finished floor for future electric
vehicle charging station.
All residential electrical applications shall provide two (2) future expansion
conduits from the meter box, one each stubbed to an approved, accessible upper and
lower location.
C. Section 110.5 is hereby amended by adding the following:
Notwithstanding any provision to the contrary, no aluminum conductors
smaller than #6 AW.G. shall be used.
D. CEC Table 300.5 is hereby amended to read as follows:
CEC Table 300.5 location of wiring method or circuit "Under a Building" is
amended to read "Six (6) inches beneath the concrete slab."
E. Section 334.10 is hereby amended to read as follows:
Section 334.10 Uses Permitted. Type NM, Type NMC, and Type NMS
cables shall be permitted to be used in the following:
1) One and two-family dwellings.
2) Multi-family dwellings permitted to be types III, IV, and V
construction except as prohibited in 334.12.
No type NM, NMC, or NMS, or non-metallic sheathed cable (Romex)
usage in commercial applications regardless of mixed-use occupancy.
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15.04.040 California Mechanical Code. The following amendments, additions
and deletions are made to the California Mechanical Code, 2007 Edition, as adopted by
this Chapter.
A. Section 111.1 is hereby added to Appendix Chapter 1 to read as follows:
111.1 Violations and Violation Penalties. Violations and violation
penalties are subject to Section 15.02.060 and Chapter 1.20 of this Municipal Code.
B. Section 115 is hereby deleted in its entirety and superseded
by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly
incorporated herein by reference. All references in the California Mechanical Code to
fees, fee schedules, or fee tables shall mean the fee schedule as established by
Resolution of the City Council in accordance with Section 15.02.010 herein.
C. Section 504.1 is hereby amended by adding the following:
Aluminum flex ducts are not permitted to be installed horizontally in
rooms that produce steam. An angle greater than forty-five degrees from
the vertical is considered a horizontal run.
15.04.050 California Plumbing Code. The following amendments, additions
and deletions are made to the California Plumbing Code, 2007 Edition, adopted by this
chapter:
A.
following:
Section 102.3.2 of Appendix Chapter 1 is amended by adding the
Violations and violation penalties are subject to Sections 15.02.060 and
Chapter 1.20 of this Municipal Code.
B. Section 103.4 of Appendix Chapter 1 is deleted in its entirety and
superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly
incorporated herein by reference. All references in the California Plumbing Code to
fees, fee schedules, or fee tables shall mean the fee schedule as established by
resolution of the City Council in accordance with Section 15.02.010 herein.
C. Section 211, definition of indirect waste pipe, is hereby amended to read
as follows:
Indirect Waste Pipe. An indirect waste pipe is a pipe that does not
connect directly with the drainage system but conveys liquid wastes by discharging
through and approved air gap into a plumbing fixture, interceptor or receptacle which is
directly connected to the drainage system.
D. Section 412.3 is amended by adding the following:
11086-0001\1011961v1.doc
-7-
Notwithstanding anything herein to the contrary, all occupancies, buildings
or portions thereof where persons are employed shall be provided with at least one
water closet. Separate facilities shall be provided for each sex when the number of
employees exceeds four. Such toilet facilities shall be located either in such building or
conveniently in a building adjacent thereto on the same property as referenced from
Table 4-1 Minimum Plumbing Facilities.
In the Old town District, separate toilet facilities will be provided for each
sex when the seating number of occupants for restaurant uses exceeds twenty (20).
Such water closet rooms in connection with food establishments where
food is prepared, stored or served shall have a non-absorbent interior finish as specified
in Section 1210.5 of the California Building Code.
E. Section 719.5 is hereby amended to read as follows:
Cleanouts installed under concrete or asphalt paving shall be made
accessible by yard boxes, or by extending flush in paving with a "brass cap" or other
approved material for installation where subject to vehicular traffic.
F. Section 1204.3.2 is hereby amended by adding the following:
Testing of gas piping two (2) inches or greater or exceeding twenty (20)
feet in length shall require a twenty-four (24) hour graph test witnessed by the
jurisdiction. Such test shall be sixty (60) p.s.i. All welded pipe shall be graph tested for
twenty-four (24) hours at sixty (60) p.s.i. witnessed by the jurisdiction. No gas tests
shall be performed at less than ten (10) p.s.i.
G. Section 1211.3.5 is amended by adding the following additional
exception:
Exception 2: The installation of propane gas line for island fixtures is
allowed beneath the slab as approved by the building official.
H. Section 1211.18 is hereby amended by adding the following:
The installation of Seismic Gas Shutoff Valves shall comply with the
following requirements:
1. Be installed by a contractor licensed in the appropriate
classification by the State of California.
Exception: Seismic gas shutoff valves may be installed by a gas utility
provided a permit is obtained and the valves are installed and approved in accordance
with this section.
2. Be mounted rigidly to the exterior of the building or structure
containing the fuel gas piping.
11086-0001\1011961v1.doc
-8-
Exception: This requirement need not apply if the Building Department
determines that the seismic gas shutoff valve has been tested and listed for an alternate
method of installation.
3. Be listed by an approved testing laboratory and certified by the
Office of the State Architect.
4. Be approved by the Building and Safety Department.
5. Have thirty (30) year warranty, which warrants that the valve is free
from defects, and will continue to properly operate for thirty (30) years from the date of
installation.
6. Where seismic gas shutoff valves are installed as required by this
section, they shall be maintained for the life of the building or structure or be replaced
with a valve complying with the requirements of this section.
I. The following appendices are deleted in their entirety from the 2007
California Plumbing Code:
Appendix E, Mobile Home Parks and Recreational Vehicle Parks;
Appendix G and Chapter 16, reclaimed water systems for nonresidential buildings.
15.04.060 Penalties for violation of Chapter 15.04.
Any person, firm, partnership, or corporation violating any provision or to failing to
comply with any of the requirements of this Chapter or any of the Codes hereby
adopted, shall be subject to the penalties set forth in Chapters 1.20, 1.21 and 1.24 of
the Temecula Municipal Code. Each and every person, firm, partnership, or corporation
shall be deemed guilty of a separate offense for each and every day or any portion
thereof during which any violation of any of the provisions of this Chapter or the Codes
hereby adopted is committed, continued or permitted by such person, firm, partnership
or corporation, and shall be deemed punishable therefore as provided in this Chapter.
15.04.070 Civil remedies available. The violation of any of the provisions of this
Chapter or any of the Codes hereby adopted shall constitute a nuisance and may be
abated by the City through civil process by means of restraining order, preliminary or
permanent injunction or in any other manner provided by law for the abatement of such
nuisances.
Section 2. Section 15.04.090 of Chapter 15.04 of Title 15 of the Temecula
Municipal Code is hereby renumbered as Section 15.04.080.
Section 3. Severability. The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be
rendered or declared invalid by any final court action in a court of competent jurisdiction,
or by reason of any preemptive legislation, the remaining provisions. sections,
11086-0001\1011961v1.doc
-9-
paragraphs, sentences and words of this Ordinance and the Codes hereby adopted
shall remain in full force and effect.
Section 4. The City Clerk of the City of Temecula shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
11086-0001\1011961v1.doc
-10-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
11086-0001\1011961v1.doc
-11-
ITEM NO. 22
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Susan W. Jones, City Clerk/Director of Support Services
DATE:
November 6, 2007
SUBJECT:
Community Services Commission Appointments
PREPARED BY:
Cheryl Domenoe, Administrative Assistant
RECOMMENDATION: Appoint two applicants to serve full three-year terms on the
Community Services Commission through October 10, 2010.
BACKGROUND: The terms of Commissioners Jack Henz and Felicia Hogan expired on
October 10, 2007. The City Clerk's office has followed the Council's established procedure for filling
Commission vacancies by advertising the openings in the local newspaper. Notices were also
posted at various locations within the City and on the City's Web page. When the deadline was
reached for accepting applications, the applications were forwarded to the subcommittee comprised
of Mayor Washington and Council Member Comerchero for review and recommendation. Both
Mayor Washington and Council Member Comerchero have recommended the re-appointment of
Felicia Hogan and the appointment of Michael McCracken to serve full three-year terms through
October 10, 2010. All applicants are registered voters and live within the city limits of the City of
Temecula.
Attached are copies of the applications that were received by the filing deadline of September 26,
2007.
FISCAL IMPACT:
None
ATTACHMENTS:
Four (4) Applications for Appointment
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Commission Appo;ntment
Applicat;on
SEP 2 5 2007
tin CLERKS 015'1:,
Please Check One: I Planni ng I X I Com munity Services I I Public Traffic Safety
Number of years as a City of Temecula Resident 2 Are you a City Registered Voter? ~
For proper consideration, yon mnst cnrrently be a resident ofthe
City of Temecula and a Registered Voter within the City Limits of the
City of Temecula
!RECEIVED
NAME: FelicaHo~an
OCCU PA TION: Real Estate Broker Associate
ADDRESS: 41888 Carleton Wav
DAYTIME PHONE: 951-265-3636
EV ENING PHONE: 951-587-8181
EMPLOYER NAME: Rancon Real Estate
EMPLOYER ADDRESS: 27740 Jefferson Ave. (ste 100)
E-MAIL felicia@rancon.com
I
Educational Backg round/Degrees:
AA degree. Three and a half years of college.
List any City or County Board, Committee or Commission on which you have served and the y ear(s) of
service:
Community Service Commission for 7 years
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
Temecula Valley Garden Club, National Master Gardener Association, Iris Society, Rose Society, Board of Realtors,
Judges Council, Theatre Foundation, Boys and Girls Club, Camp del Corazon.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.) .see tt:f-{-a.cf1eJ.
Serving as a commissioner gives me an opportunity to serve the community. As a long time resident of20 years, I have
been fortunate to participate in the process of guiding the direction of our wonderful city both as a private citizen and as a
______~__~_____ 'T'1__ _____1.<-_ ____I. s::___ d_______1____ T.<-1___ 1..___ _ .."':__:1___.<-_ ___ _ __ _ __......:__~_..__ _.. .<-1._ r'l_..........~...._ D
I understand that any or all information on th is form may be verified. I cons ent to the release of
this information for public i formation purposes,
Signature:.ra!; ~ki.( ._ Date: q b.s fo'1
P/e~~rn to: I ;ity C/ k's Office, 43200 Business Park Drive (951) 1694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
City Of Temecula Commission - Appointment Application
September 25th 2007
State why you wish to serve on this commission, and why you believe you are
qualified for this position.
Serving as a commissioner gives me an opportunity to serve the community. As a long
time resident of 20 years, I have been fortunate to participate in the process of guiding the
direction of our wonderful city both as a private citizen and as a commissioner. The
results speak for themselves. It has been a privilege to serve as a commissioner on the
Community Service Commission and I would love to continue in that capacity.
For references, please contact Jeff Stone.
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Commission Appointment
Application
... EIVED
For proper consideration, yon mnst cu~rently be aiesldentofthe ' SEP 2 ~ 2007
City of Temecnla and a Reg!stered Voter,withhi tbe City Limits ofthe
, . City ofTemecnIll ' . C ,'!'t' CLERKS DfPT.
Please Check One: I Planning I x
Number of years as a City of Temecula Resident
I Community Services I I Public Traffic Safety
19 Are you a City Registered Voter? ~
NAME: Scott Lanier
OCCUPATION: FEDEX.Ooerations Manager
ADDRESS: .32232 Corte Coronado
Temecula. Ca 92592
DAYTIME PHONE: 951- 296-3718
EVENING PHONE: 951-639-9976
EMPLOYER NAME: FEDEX
EMPLOYER ADDRESS: 27260 Jefferson'Ave Temecula, Ca 92590 E-MAIL ,jlm;"@f'd,=--J
Educational BackgroundlDegrees:
B.A.- Social Relations UC Riverside 1978
List any City or County Board, Committee or Commission on which you have served and the year( s) of
service:
March 2000- September 2006- Public/Traffic Safety Commission- City ofTemecula
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
United Way. was local FEDEX Coordinator 2001-2003 and 2005.
March of Dimes. was FEDEX local Coordinator- 2004/2005
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.)
See attached.
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature: ~./ Date: 1 (2;/ {V1
Please return to: City Clerk's Office, 43200 Bus/ness Park Dr/ve (951) 694-6444 (OR)
Mall to: P.O. Box 9033, Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
I would like to serve on this commission because I would like to have an active part in
the City of Temecu1a's offering of recreational activities. I feel that I would have solid
input on such programs as Youth Master Plan, trail system and expansion of parks and
programs to our citizens. I also am excited about the arts and cultural programs that are
offered.
I feel qualified to serve due to the fact I am not only aware of most of our community
service programs, but an active participant in some of them as well, I have volunteered
for the Holiday Parade, Breakfast with Santa and have walked the last two summers with
the F.I.T Program. I have also taken one day classes that the city offers. I feel you have a
slightly different view when you actively observe and participate in something.
I am well aware that the commission and its current members do a great job. I am just
asking that if you fee11 would have any added value or a fresh perspective, to please
consider me as a candidate for appointment.
Regards,
~
Scott Lanier
09-21-07All :53 ,~CVO
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Comm;ss;on Appo;ntment
Applkat;on
RI'!CI;IVED
.. For'proper consideration! rou IDust currently be a'i~sident,ofthe ~p 2 1 2001
,. C,il:);?f Tell!ecu1a .1OI~!l R~~stered Voter, within tlte .<;ity Limits of the T.<
,. '. ' ,"." City of'Temecula. " . , " CRT CLERKS !)I!;;l' .
. ,J ' ' . ~ k , ) ~ ,." . I ~ " _ ,
Please Check One: I I Planning I x I Community Services I I Public Traffic Safety
/4 ,')
Number of years as a City of Temecula Resident 10 Are you a City Registered Voter? ~OOf,~I~lvC:.::
NAME: Michael R McCracken
OCCUPATION: Education Technician
ADDRESS: 43012 Corte Davila Temecula Ca 92592
DAYTIME PHONE: (760)725-6414
EVENING PHONE: (951\ 302-8532
EMPLOYER NAME: Ms. Pat Jeffres
J
EMPLOYER ADDRESS: Joint Education Center Box 555020 Bldg. 133 bE-MAIL J.".....NF04p.t@wm..mH
p
Educational Background/Degrees:
AA Liberal Arts - University of Phoenix, Park University, Junior - Business Management HIR, Team Building
Workshops, and Leadership Workshops.
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
Temecula Military AD-HOC Subcommittee Member (2007), Friends of Ronald Reagan SP Adviso!)' Board member
(2007), A Tribnte to Veterans founder (2 years), Aguanga Ranchos Road Committee Member At Large (I year),
Adopt-A-Park Committee (3 vears), and Neighborhood Watch Block Captain (1 vear) 0
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc,):
Friends of Ronald Reagan SP, A Tribute to Veterans.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.)
Please see attached sheet
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature: ~/-a(JIO {: 77fr t.. L Date: 5t.."p'l0Y1Bex. a /.:xJo7
Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR)
Mall to: P.O. Box 9033, Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
:J(offman :s-.
31179 Camino I1en{e
'lemecuta, C.Jl 92591
(951) 695-3956
Sept 17, 2007
To Whom It May Concern:
This letter of recommendation is for Michael McCracken. I have had the pleasure of working
with Michael at the Joint Education Center on Camp Pendleton for the past year. I have
found him to be a dedicated employee who strives to take care of military students and their
families. He puts customer service as a top priority in all his dealing with our customers, I
have found him to be someone I can rely on to complete any task, no matter how small, with
the same dedication and enthusiasm as he puts forth in more complicated tasks. I have come
to respect his insight and value his contributions to this office. In addition, he is attending
college full-time in the evenings and done volunteer work to help support his community at
large.
I have worked at the Joint Education Center for over 10 years and have seen a great many
employees come and go in that time. Michael McCracken is one of those employees who will
be defmite1y missed when he is gone, He completes tasks assigned to him with little or no
fanfare, moving with quiet efficiently throughout the office. He is courteous and polite to all
our customers, regardless of their rank or station. He treats all our customers as if they are
guests.
I hope that you will give him strong and serious consideration for the position for which he is
applying. He will be an asset to any organization.
Should you have any questions, please do not hesitate to contact me at the above address and
phone number or you may contact me by email atmary.m.hoffman@usmc.mil.
Sincerely,
~17L.JL//
ary M Hoffmann'
Friends of Ronald Reagan SP
42968 Agena Street
Temecula, CA 92592-3262
Phone: 676-1984
E-mail: nerrvneters2lalverizon.net
September 17, 2007
Charolette Fox, Chair
Community Services Commission
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Dear Ms Fox:
By this letter, I ask that you give the most serious consideration possible to the
appointment of Michael R. McCracken, (U.S. Navy, Retired), to a position on
your Community Services Commission.
A former Chief Petty Officer, McCracken served his country honorably for more
than 24 years. Before retiring in October of last year, he persuaded the
Commander of the U.S.S. Ronald Reagan, to which he was assigned, to
establish a tradition of bringing a contingent of Chiefs and Chief Selects to
Ronald Reagan Sports Park to perform whatever chores are needed to maintain
the park in mint condition, in honor of the late Commander-in-Chief.
He was recognized by the City Council for establishing the special relationship
between the ship and the City that grew out of his initiative.
The tradition has been followed for three years now, and this year, he also was
responsible for the gift to the City of a flag that had flown over the U.S.S. Ronald
Reagan. That led to the donation of lighting fixtures and installation of the light
by the park's flag pole on September 6, and the flag now flies there 2417. Little
. Leaguers now have a flag to which they can pledge allegiance - no cost to the
City,
A resident of Temecula, he last December spearheaded a Tribute to Veterans at
the Community Recreation Center to honor local veterans. This was so
successful that American Legion Post 852 and VFW Post 4089 asked to be
included in this year's event. Thus the Tribute to Veterans Coalition was born,
with McCracken as founder, The Second Annual Tribute to Veterans will be held
December 1. Behind his leadership, it will be much bigger and better than the
first.
--2--
He also serves as a member of the Advisory Board of our organization and has
been an effective ally in advancing our cause as well. Keep in mind, he has only
been out of the Navy less than a year! He has a habit of giving to his community,
and service on your Commission can only enhance his effectiveness in that
regard.
Since.c1y,
P.S. - If I can do anything more to convince you his appointment would be a
benefit to the Commission, just call me.
Michael R. McCracken
City of Temecula Commission Appointment Application
State why I wish to serve on this commission, and why I believe I and qualified for the
position.
I believe in Temecula and want to make ANY contributions within my power in the
continued success of our city. Temecula success is based on putting the right people in
the right job and Community Service is one of my passions. It does not matter ifI'm in a
foreign country or in the United States, when opportunity to get involved and help
improve the quality oflife for those around you, you should take it.
I was fortunate to have served in the Navy for twenty-fours, during those years we have
completed hundred community service projects as well as community relations projects.
I found it rewarding to be able to contribute to each community I was involved with.
I do not see this as a job, but a means of giving back to the community. The reward is in
the eyes of our residence when they enjoy the beautiful parks in Temecula, in the eyes of
tourist that visit our city, and when I see the smiles of our residence when they visit our
recreation activities and take for granted it is suppose to be that way all the time. It is
not the effort in the project, but the enjoyment from those that use the parks and etc... for
their etljoyment and relaxation.
Thanks for considering my application.
Sincerely,
Wl/J.. () J (L 71(d!..-^
Micha~{1\fu'cracken
"Kaizen"
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951 ) 694-6444
09-27-07 PO 1: 53
~ Commission Appointment
AppUcation
>>.:c:,.,'.,y.\;:,. ;,.....,..<f,;.,X....':.. .., ..~,! . ',., c., .' ;F;",..",_; ~;""':,'~.F: ',,".",',.... ;./'<;,',' -"-'-,"... _.. ":-', \'''-''>',.,'';,,:'''''-i/i:i'' ~ .:,,':. ;., :,..; ~'::':':', :',""" :':: -." ;,', "".f.': \.n.. ~~,,,,,p..::::'.::.r' y.:",:",,::;', ':-.iY'.': : :-: ';
,.'. Filr::pl;oJ;r~r, coll~i!l~ra~~on:;:y~u:m;ust cti'treht!y be i!;r:~s~d~nt.tWt~~: :,'
~I:, .'. ',~:i,t,:X: :?l,~~~~~:{~;~~I;~R~gs~~;~~r~~~wt~!:t~f1:~~yt~fti~~~:~~~~~::~",' Ir;EP 2 7 2007
, ," i", . , .d .'"'' ,.,. ,.1.,1(, C!"I5RKS IJEPT,
CEIVED
Please Check One: I Planning, x I Community Services I I Public Traffic Safety
Number of years as a City of Temecula Resident 27 Are you a City Registered Voter? Yes
NAME: Ainv M. Oakden
OCCUPATION: Attorney
ADDRESS: 31077 Jedediah Smith Road. Temecula. CA 92592
DAYTIME PHONE: (95]) 294-4573
EVENING PHONE: (95]) 303-2918
EMPLOYER NAME: Grace Hollis Lowe Hanson & Schaeffer LLP
EMPLOYER ADDRESS: 43426 Business Park Drive, Temecula 92590 E-MAIL =yookd,,@yohoo,oom
Educational Background/Degrees:
Chapman University School of Law, Juris Doctorate, cum laude, May 2006
California State Polytechnic University, Pomona, Bachelor of Arts, English, June 2003
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
At Chapman University School of Law, I served as a 2L representative on the Student Bar Association. I have never
served on any other Board, Committee or Commission.
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
I belong to the American Bar Association and the Riverside County Bar Association. I am also a member of the PTSL at
Hillcrest Academy.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.)
I was born and raised in Temecula, and this City has given me so much. I would like to give back to the City in any way I
can, and I feel that serving on the Community Services Commission is a great way to do that. It would be an honor to serve
Temecnll'j.
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature: Ol4'~~~ Date: o.l.J,\()""1
Please return to: 8ty Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR)
Mall to: P.O. Box 9033, Temecu/a, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
AMY M. OAKDEN
31077 Jedediah Smith Road . Temecu1a, CA 92592 . (951) 294-4573
REFERENCES
Peter Pacitto
P.R.P. Construction, Inc.
31075 Jedediah Smith Road
Temecula, CA 92592
(951) 302-2835
Michael J. Grace
Grace Hollis Lowe Hanson & Schaeffer LLP
43426 Business Park Drive
Temecula, CA 92590
(951) 676-3445
Melissa M. Berry
Chapman University School of Law
One University Drive
Orange, CA 92866
(714) 997-6815
ITEM NO. 23
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Susan W. Jones, City Clerk/Director of Support Services
DATE:
November 6, 2007
SUBJECT:
Public/Traffic Safety Commission Appointments
PREPARED BY:
Cheryl Domenoe, Administrative Assistant
RECOMMENDATION: Appoint two applicants to serve full three-year terms on the
Public/Traffic Safety Commission through October 10, 2010.
BACKGROUND: The terms of Commissioners Tomi Arbogast and Paul Jacobs expired
on October 10, 2007. The City Clerk's office has followed the Council's established procedure for
filling Commission vacancies by advertising the openings in the local newspaper. Notices were also
posted at various locations within the City and on the City's Web page. When the deadline was
reached for accepting applications, the applications were forwarded to the subcommittee comprised
of Mayor Washington and Council Member Edwards for review and recommendation. Mayor
Washington and Councilmember Edwards recommended the re-appointment of Tomi Arbogast and
the appointment of Christopher Curran to serve full three-year terms through October 10,2010. All
applicants are registered voters and live within the city limits of the City of Temecula.
Attached are copies of the applications that were received by the filing deadline of September 27,
2007.
FISCAL IMPACT:
None
ATTACHMENTS:
Four (4) Copies of Applications for Appointment.
r' ~~-"----=-"-~,.,-.~-~--"~-~----~-"~~~--:-- -- .,-.--"
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
Commission Appointment
Application
Please Check One: I Planning,
Number of years as a City of Temecula Resident
Fl;rprliperc()!J,~ider~ti()n~yq~mt!stcqr)'ently.. b~l~~$i~~ilt()nl,te'" '. "RECEIVED
. City Of 'f,emeculllandll'Regi~tere4 v:lite,r'l\1tIJilli tb,e,\€ityJ',iJ,titts)ofthe,
. '.. . : ' ":qi1!y I!fii]::etn~ctila :' '. ,..,:;;. .,.',. '.:' SEP 24 2007
.'. ,/" '.' ". ., . .... . . , .' ,~.
. . Ir;n1f tiLERKS DEPT.
I Community Services I x I Public Traffic Safety
3 Are you a City Registered Voter? Yes
I
NAME: Christopher Curran
OCCUPATION: Forensic Systems Specialist
ADDRESS: 33048 Romance PI. TemecuIa, CA 92592
DAYTIME PHONE: 714-270-3718
EVENING PHONE: 951-308-1307
EMPLOYER NAME: City of Huntington Beach Police Department
EMPLOYER ADDRESS: 2000 Main St. Huntington Beach, CA 92648 E-MAIL ebeumm@eox,"ot
Educational Background/Degrees:
B.A. Social Ecology with an emphasis in Criminology, Law, and Society; DC Irvine 1998
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
N/A
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
IACIS(Int'l Assoc. of Computer Investigative Specialists), HTCIA(High Tech Crime Investigator's Assoc.), SCFIA(So.
CA. Fraud Investigator's Assoc.), OCFCIA(Orange County Financial Crimes Investigator's Assoc.); DC Irvine Alumni
Assoc.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.)
See attached sheet.
I understand that any or all information on this form may be verified. I consent to the release of
this information~ p'ublic information purposes.
~/J f) -/7
Signature: ~ ~. . Date: 21 September 2007
Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR)
Mail to: P.O. Box 9033, Ternecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
I am interested in being on the commission because I wish to participate in the
future of Temecu1a and the Public Safety/Traffic commission is the most appropriate
choice for my background. With a background in law enforcement, I have interacted
with the public, elected officials, and business persons in a variety of capacities, In doing
so, I have had the opportunity to hear praise and complaints for the manner in which
public safety situations are handled and addressed. I feel that I can be an asset to
Temecu1a as a commissioner on the Public Safety/Traffic commission based on this
experience.
As a long time resident of Mission Viejo prior to moving to Temecula in 2004, I
have seen how a positive, proactive role in Public Safety and Traffic can affect the
continued growth and success of the community. As Temecu1a continues to grow, both
for the resident population and the increasing draw of visitors, I find it important for the
Public Safety and Traffic resources to maintain their excellence as welL By being on the
commission, I look forward to playing an active role in making that happen.
RECEIVED
SEP 2 4 2001
CITY MANAGER'S
OfFICE
September 17, 2007
City ofTemecula
City Clerk's Office
43200 Business Park Drive
Temecula, CA 92589-9033
Re: Public SafetyfTraffic Commission
Mr, Christopher B. Curran
Honorable Mayor Washington and City Council,
My close friend and former colleague has asked that I furnish this letter of
recommendation for an appointment to the Temecula Public SafetyfTraffic
Commission. As a recently retired Lieutenant with the Huntington Beach Police
Department I have had the opportunity to work closely with Christopher for
several years.
I can attest that Christopher is a man of character in both his personal and
professional life, As a civilian jnvestigator (computer forensics) with the
Huntington Beach Police Dep~rtment, Christopher is responsible for conducting
complex and highly sensitive investigations that require extreme trustworthiness.
Christopher is a time tested police employee whose analytical abilities are an
asset to public safety.
In reviewing the duties of a commissioner, I believe that Christopher possesses
all the necessary traits required for the position. He is comfortable working with
elected officials, city staff and other agencies and is an effective communicator.
am certain that you will find him to be an asset to the City of Temecula.
I am pleased to provide any further information necessary. My contact
information is: 27141 Calle Del Cid, Mission Viejo, CA 92691, (949) 600-8233.
Sincerely,
c.. 0~~
JB Hume
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City of Huntington Beach
2000 Main Street. Huntington Beach, CA 92648
Gil Coerper
Mayor
September 17,2007
The Honorable Chuck Washington
City of Temecula,
43200 Business Park Dr,
Temecula, CA 92590
cc: City Clerk
Ref: Public Safetyrrraffic Commission
DearMay~; ~
I wish to extend my recommendation of Christopher Curran for the position of Commissioner on
the Temecula Public Safetyrrraffic Commission. As the Mayor of Huntington Beach, I am
aware of a city's need to have quality people who assist in the management and activity of the
city. A city is a reflection of the residents who desire to better their community and take an
active role in its future. In Chris, you will find the qualities of an individual who can clearly see
the future and is dedicated to making it a beneficial place for all.
In the 10 plus years that I have known Chris, as an employee with the City of Huntington Beach,
he has always exemplified himself through his loyalty and dedication. He has the ability to
examine difficult situations and formulate a successful course of action to solve problems. He is
concerned and works diligently for the citizens of Huntington Beach and is equally
compassionate and helpful towards:hls coworkers. He is very personable and is always
motivated to assist others. . v
Chris personifies the true Huntington Beach employee. When I worked with him at the Police
Department, I could always count on him to assist me with any request. He takes time to
analyze problems and make logical and intelligent decisions. He has interacted with all areas of
the Police department, as well as the Fire Department and even Marine Safety. Due to this
experience, he has an insider's understanding of the inner workings of the Public Safety field
and the issues that are presented.
As the Mayor, I wish that I could both doubly have Chris as an employee and as a resident. I
know how much more he could offer Huntington Beach if he was able to serve the city in a
residential capacity. For that, the city of Temecula has the benefit since I am sure that Chris will
make a great asset to your Public Safetyrrraffic Commission. I also know that he is a proud
resident of your city as he frequently reminds me of how wonderful it is to live there and how
effectively the city runs. I recommend Chris without reservation for the position of Public
Safetyrrraffic Commissioner and I know that you will not be disappointed in his selection.
".
,
Sincerely,
~C~
Gil Coerper
Mayor
Sister Cities: Anjo, Japan' Waitakere, New Zealand
09-20-07 All:15 IN
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'I Commission ApPOintment]
ApplicaNon
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'l#'u ill' Cll!:RKS DEI''!",
Please Check One: I, Planning I I Community Services I x I Public Traffic Safety
Number of years as a City of Temecula Resident 7 Are you a City Registered Voter?~
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
NAME: Mark Garcie
OCCUPATION: FireCaptain
ADDRESS: 40529 Calle Medusa
1eMHvt\q CA '\1.">"\\
;~
DAYTIME PHONE: 951-764-9683
EVENING PHONE: 951-308-1347
EMPLOYER NAME: California Deoartment of Forestry & Fire Protection (CalFire)
EMPLOYER ADDRESS: 2249 JamachaRD EI Caion Ca 92019
E-MAIL garciegirls@roadrunner.com
Educational Background/Degrees:
Fire Science / Public Administration / Public Safety
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
California Professional Firefighters, li...ma,;onal. Association of Firefighters, International Wildland Firefighters, SAFER
California State Training Officers Association (SoCal section ofCALChiefs)
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.)
I have lived in this city a number of years, and with children still attending school here, and our family's investment in this
city and area, the safety of my family and of the community in general is a major issue to me and my wife.
I understand that any or all information on this form may be verified. I consent to the release of
::"'_Mftw~'7h'c;~ Dom, 9-17-0,
Pfas~ retum toAity Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR)
~ Mail to: P.O. Box 9033, Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
" FiJf~"dper~Oil~idel"atio.n;'yi)li.'W.Il~t~qt;r~iitIyJ:,~.,~,~esidellt(lIthe RECEIVED
Citydf',femeculaanli,aRilgisteretl YQter:withilltli.~:gityPl,llits'l1'th\)
. , ' qty ofTemecul,a . " ,EP 2 5 2007
,',.. .. .. " ',,'," "C
Commission Appo;ntment
Applicat;on
CITY CI.ERKS DEPT,
Please Check One: I Planning 1 I Community Services ,I x I Public Traffic Safety
Number of years as a City of Temecula Resident 12 Are you a City Registered Voter? Yes
NAME: Paul Jacobs
OCCUPATION: LicensedPsychiamcTechnician
ADDRESS: 32370CorteZamom
-r eJy,.e CAA. ~'" (' A '1 L.59 L
DAYTIME PHONE: (951)676-1950
EVENING PHONE: 195])676-1950
EMPLOYER NAME: Fairview Developmental Center
EMPLOYER ADDRESS: 2501 Harbor Blvd.. Costa Mesa, CA 92626
E-MAIL T""ocWaP""'@>ol.oom
Educational Background/Degrees:
1 completed a 2-year nursing program at Cypress College (CA) in 1980 and earn 30 units of continuing education every 2
years.
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
In 2000 1 served on the TemeculaIMurrieta Tmffic Awareness Now committee. Member of the Geneml Plan Update
Community Advisor Committee 2002-2003. Appointed to fill a vacancy on the Public Traffic/Safety Commission in
February 2004 and reappointed that October.
List any organizations to which you belong (professional, technical, volunteer groups, non-profit
organizations, service clubs, etc.):
I am a TeC Section Coordinator, Member of Cali fomi a Association of Psychiatric Technicians. Coordinating member of
Citizens for Democracy, a local non-profit organization ".vuov':ng public delibemtion and civic involvement. rm a member
of the Friends of the Temecula Librarv and volunteer shelvinl! books 2 hours each week.
State why you wish to serve on this commission, and why you believe you are qualified for the position,
Please be specific. (You may attach a separate sheet of paper if necessary. Letters of recommendation
and/or references are encouraged.)
I enjoy serving on the commission and have the confidence of my colleagues by being named vice-chair twice and
char. "V'.vu once. 1 have accumulated an education these past years I believe will be useful to the commission and city.
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature: {l,A ..tJv,r!.A1..../ Date: 1'1i 5/{n
Please retum to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
PLEASE aE AWARE OF THE ADVERTISED DEADLINE
ITEM NO. 24
Approvals
City Attorney
Director of Finance
City Manager
f/ta:rl
"
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Grant Yates, Deputy City Manager
DATE:
November 6, 2007
SUBJECT:
Establishment and Appointment of Ad-Hoc Subcommittee-External
Communications (at the request of Council Member Comerchero)
PREPARED BY:
Tamra Middlecamp, Senior Management Analyst
RECOMMENDATION:
That the City Council:
1. Establish an ad-hoc subcommittee to review and pursue the most effective means of
delivering to Temecula's residents, the most relevant news and programming through
television, radio and any other means available, and;
2. Appoint two (2) Council Members to serve on this ad-hoc subcommittee.
BACKGROUND: With the recent fires, the City has received many inquiries from
residents requesting expanded cable television programming and radio coverage that is more local
in content. Residents were especially concerned about not receiving the most current emergency
information from several fire areas in San Diego County. While the City has received much praise
for its efforts on the website, community meetings and public service announcements during the
recent fires, radio and television still remain the primary source of news information for most people.
The purpose of this ad-hoc subcommittee will be to review and pursue expanded programming
opportunities to ensure that Temecula's residents are as informed as possible, especially during
emergencies.
FISCAL IMPACT:
None.
ATTACHMENTS:
None.