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HomeMy WebLinkAbout062811 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 28, 2011 — 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. 5:30 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The Council will discuss potential candidates for appointment to the position of City Manager pursuant to Government Code Section 54957. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 11-03 Resolution: 11-47 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Anthony Agbay Invocation: Pastor Tony Foster of True Vine Pentecostal Church Flag Salute: Mayor Pro Tem Washington ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eagle Scout Alexander H. Gorman Certificate of Achievement for Eagle Scout Connor Waite 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 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, 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 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of June 14, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Trustee/Fiscal Agent Services for fiscal year 2011-12 RECOMMENDATION: 4.1 Approve the expenditure of $45,310 for fiscal year 2011-12 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), Tax Allocation Bonds (TABs), and Certificates of Participation (COPs). 5 Site Access for Research Agreement within the Roripaugh Ranch Preserve RECOMMENDATION: 5.1 Approve the Agreement between the City of Temecula and the Regional Conservation Authority. 6 Agreements for Plan Review Services for fiscal year 2011/2012 RECOMMENDATION: 6.1 Approve an Agreement for Plan Review Services with Bureau Veritas in the amount of $33,334; 6.2 Approve an Agreement for Plan Review Services with Esgil Corporation in the amount of $33,334; 6.3 Approve a Agreement for Plan Review Services with Tom Haney in the amount of $33,332. 7 Agreement for Landscape Plan Check and Inspection Services for fiscal year 2011/2012 RECOMMENDATION: 7.1 Approve an Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2011/2012 in the amount of $90,000. 8 Agreement for Federal Lobbyist RECOMMENDATION: 8.1 Approve a two-year contract for federal lobbying services with David Turch and Associates in an annual amount of $42,000. 9 Agreement for State Lobbyist RECOMMENDATION: 9.1 Approve a two-year contract for state lobbying services with Ellison Wilson Group, LLC in an annual amount of $42,000. 3 10 Opposition to Assembly Bill 438 (Williams), at the request of Mayor Pro Tem Washington RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ASSEMBLY BILL 438 (WILLIAMS) WHICH, IF PASSED, WOULD INCREASE NOTIFICATION REQUIREMENTS FOR THOSE CITIES AND OTHER ENTITIES THAT WANT TO OPT OUT OF THE COUNTY FREE LIBRARY SYSTEM TO OUTSOURCE THE ADMINISTRATION AND OPERATION OF THEIR LIBRARIES TO A PRIVATE, FOR PROFIT COMPANY 11 Amendments to Annual Agreements for various services required by the Public Works Maintenance Division for fiscal year 201112012 RECOMMENDATION: 11.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011/2012 for routine street maintenance and emergency services for various Maintenance Division needs. General Engineering Contractor Services: Becker Engineering $200,000 HazMat Trans, Inc. $ 30,000 Imperial Paving $200,000 N PG $ 50,000 Republic ITS $ 30,000 Traffic Striping: Pacific Striping $100,000 Property Maintenance: Rene's Commercial $200,000 12 Award of a Construction Contract for the Citywide Slurry Seal Project FY2010-11, Chardonnay Hills and a Portion of Paseo Del Sol, Project No. PW11-02 RECOMMENDATION: 12.1 Award the construction contract, effective July 1, 2011, for Project No. PW11-02, Citywide Slurry Seal Project FY 2010-11, Chardonnay Hills and a Portion of Paseo Del Sol, to American Asphalt South, Inc. in the amount of $257,837.34; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $64,459.34 which is equal to 25% of the contract amount; 4 12.3 Make a finding that the Citywide Slurry Seal Project FY 2010-11 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 13 Award a Construction Contract for the Citywide Concrete Repairs - FY2010-11, Project No. PW11-03 RECOMMENDATION: 13.1 Award a construction contract, effective July 1, 2011, for Citywide Concrete Repairs - FY2010-11, Project No. PW11-03, to B&T Works, Inc. in the amount of $280,721; 13.2 Authorize the City Manager to approve change orders up to 25% of the contract amount of $70,180.25; 13.3 Make a finding that the Citywide Concrete Repairs - FY2010-11 project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 14 Acceptance of Grant Deed of Vail Ranch Open Space Lots RECOMMENDATION: 14.1 Approve and accept the Grant Deed for Lots 71 and 72 in Tract 28480 and Lots 77, 78 and 79 in Tract 23174-3. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-09 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of June 14, 2011. CSD DEPARTMENTAL REPORT 16 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, July 12, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 6 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-09 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 17 Action Minutes RECOMMENDATION: 17.1 Approve the action minutes of June 14, 2011. RDA DEPARTMENTAL REPORT 18 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, July 12, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 TEMECULA HOUSING AUTHORITY MEETING - no meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING - no meeting RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 19 Long Range Planning Project No. LR11-0002, an Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation, designate residential care facilities serving six or fewer persons as a permitted use, and authorize the Planning Commission to review appeals of the Planning Director's decision RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) 20 An extension to the adopted Interim Urgency Ordinance for a Citywide moratorium on the approval of Conditional Use Permits for businesses to sell alcoholic beverages for off sale consumption (LR11-0007) RECOMMENDATION: 20.1 Adopt an interim urgency ordinance entitled: URGENCY ORDINANCE NO. 11 - AN EXTENSION TO THE INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA 20.2 Adopt this staff report. 9 CITY COUNCIL BUSINESS 21 Planning Commission Appointment RECOMMENDATION: 21.1 Appoint one applicant to serve a full three-year term on the Planning Commission through June 15, 2014. 22 Old Town Local Review Board Appointments RECOMMENDATION: 22.1 Appoint two applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2014. 23 Congressional Redistricting Recommendations RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE PROPOSED CALIFORNIA CITIZENS REDISTRICTING COMMISSION'S RECOMMENDATION TO DIVIDE THE CITY OF TEMECULA INTO TWO SEPARATE CONGRESSIONAL ELECTION BOUNDARIES AND REQUESTING THAT ALL OF THE CITY OF TEMECULA BE INCLUDED IN THE NEW PRS/I-15 CORRIDOR CONGRESSIONAL DISTRICT WITHIN RIVERSIDE COUNTY DEPARTMENTAL REPORTS 24 Planning Department Monthly Report 25 Public Works Department Monthly Reports 26 City Council Travel/Conference Report - May 2011 10 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, July 12, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.citvoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 11 PRESENTATIONS The City of Certificate ofA The City Council of the City the outstanding ac Alexander I of Troop We congratulate Alexander for his achievemen are proud to present Alexander with this Awa accomplishments. I, The City of Certificate ofA The City Council of the City the outstanding ac Connor of Troop We congratulate Connor for his achievement of proud to present Connor with this Award, accomplishments. i, li CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 14, 2011 — 7:00 PM 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property in the City of Temecula: 42221 Main Street (APN 922-053-038) owned by Jong C. Han Negotiating parties are Bob Johnson and Patrick Richardson on behalf of the City of Temecula and the Redevelopment Agency of the City of Temecula and the owner of the designated parcel Jong C. Han. Under negotiation are price and the terms of the City and Agency's purchase of the parcels of real property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding four parcels of real property in the City of Temecula: (1) 28445 Mimsy Way (APN 922-052-033) owned by Michael O'Brien; (2) 42298 Barlow Drive (APN 922-052-022) owned by Alex Seda; (3) 42293 Barlow Drive (APN 922-052-020) owned by Kim Holoday; and (4) 28426 Pujol Street (APN 922-052-018) owned by Mitchell Hernandez. Negotiating parties are Bob Johnson and Patrick Richardson on behalf of the City of Temecula and the Redevelopment Agency of the City of Temecula and the owners of the designated parcels. Under negotiation are price and the terms of the City and Agency's purchase of the parcels of real property. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Pro Tem Washington Prelude Music: Serena, Jason, Jonathan Gu and Timothy Do Invocation: Reverend Tony Foster of True Vine Pentecostal Church Flag Salute: Council Member Naggar Action Minutes1061411 1 ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts Absent: Roberts PUBLIC COMMENTS The following individuals addressed the City Council: • Bill Dull • Mary Venerable • Viet N. Tran • Tom Vining • Stephen Eldred • Donald Lambert • Patrice Lynes CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 2.1 Approve the action minutes of May 24, 2011; 2.2 Approve the action minutes of May 25, 2011. 3 List of Demands - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 3.1 Adopt a resolution entitled: Action Minutes1061411 2 RESOLUTION NO. 11-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of April 30, 2011- Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of April 30, 2011. 5 Agreement for Phlebotomy Services - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 5.1 Approve the Agreement with American Forensic Nurses, DBA: AFN for Phlebotomy Services in fiscal year 2011-12 for an annual contract amount of $45,000. 6 Award of a Professional Services Agreement for the maintenance/service/usage for Canon Copiers/Printers - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 6.1 Award a five-year agreement to Innovative Document Solutions (IDS) for the maintenance/service/usage of the Canon copiers/printers for the Civic Center, the Library, and outlining facilities for an annual expenditure of $68,000 plus a 10% contingency for a total annual amount of $74,800 and for a five-year total not to exceed $374,000. 7 Records Destruction Approval - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 7.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Action Minutes1061411 3 8 Update of Fee Schedule - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 11-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPDATING THE FEE SCHEDULE 9 Second Amendment to the Agreement with Proactive Fire Design, Inc. - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 9.1 Approve the second amendment to the annual agreement with ProActive Fire Design, Inc. in the amount of $60,000 for fiscal year 2011-12 Fire Department Plan Review Service. 10 Memorandum of Understanding - Labor Agreement - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 10.1 Approve a two (2) year Memorandum of Understanding (M.O.U.) labor agreement, effective July 1, 2011, between the City and the general employees represented by the California Teamsters Public, Professional, and Medical Employees Union Local 911. 11 Community Grant Agreement with the Temecula Sister City Association - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 11.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2011-12. Action Minutes1061411 4 12 Voter Approved Measure C Annual Special Tax Levy - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 12.1 Adopt a resolution entitled RESOLUTION NO. 11-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2011-2012 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 13 Amendments to Annual Agreements for various services required by the Public Works Traffic Division for fiscal year 2011-12- Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 13.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-12 for various Traffic Division operational needs. Counts Unlimited Crosstown Electrical & Data Republic ITS McCain Inc. $20,000 $20,000 $40,000 $30,000 14 Adoption of a Resolution to Approve a Reimbursement and Cooperative Agreement with the City of Murrieta in connection with Property Acquisition for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project, Project Numbers PVV02-11 and PW07-04 - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 14.1 Adopt a resolution entitled: Action Minutes1061411 5 RESOLUTION NO. 11-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED REIMBURSEMENT AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND CITY OF MURRIETA IN CONNECTION WITH PROPERTY ACQUISITION FOR THE FRENCH VALLEY PARKWAY/INTERSTATE-15 OVER -CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT (PROJECT NUMBERS PW02-11 AND PW07-04) 14.2 Approve the agreement reimbursement amount of $38,900 from the City of Temecula to the City of Murrieta, as well as up $15,000 in closing costs for a total authorization of $53,900. 15 Approval of Agreements related to Motor Car Parkway Improvements - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 15.1 Approve the Agreement with Rancho Temecula Auto Park Association, in substantially the same form attached, to facilitate the conveyance of all real property interests in Motor Car Parkway to the City of Temecula; 15.2 Authorize the City Engineer and the office of the City Attorney to revise the Quitclaim Deed and Conveyance Documents, the forms of which are attached as Exhibits "B" and "C" to the Rancho Temecula Auto Park Association Agreement, and to prepare any additional Quitclaim Deeds and Conveyance Documents that are necessary to ensure that the conveyances intended by this Agreement are completed and satisfactory to the title company for issuance of a policy of title insurance in favor of the City; 15.3 Approve the Motor Car Parkway Improvement Agreement with Abbott Cardiovascular Systems, Inc. (ACS), in substantially the form attached, to construct Motor Car Parkway to City standards and facilitate acceptance of said improvements into the City's street maintenance program. 16 Second Amendment to Agreement for Landscape Plan Check and Inspection Services for fiscal year 2010-11- Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 16.1 Approve a Second Amendment to the agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2010-11 in the amount of $25,000 for a total agreement of $120,000. Action Minutes1061411 6 17 Resolution Adopting fiscal year 2011-12 Solid Waste Rates - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 11-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2011-12 18 City Council request to the U.S. Department of Housing and Urban Development (HUD) to designate the City of Temecula as an entitlement City for the Community Development Block Grant (CDBG) Program - Approved Staff Recommendation (4-0- 1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 11-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO REQUEST THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) DESIGNATE THE CITY OF TEMECULA AS AN ENTITLEMENT CITY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mr. Bret Kelley addressed the City Council with regard to this item. At 7:57 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 8:53 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 33 Adoption of the FY 2011-12 Annual Operating Budget - Approved Staff Recommendation (4-0-1) — Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Mayor Roberts who was absent RECOMMENDATION: 33.1 Adopt a resolution entitled: Action Minutes1061411 7 RESOLUTION NO. 11-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2011-12 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 33.2 Adopt a resolution entitled: RESOLUTION NO. 11-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 33.3 Adopt a resolution entitled: RESOLUTION NO. 11-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2011-12 By way of PowerPoint presentation, City Manager Nelson provided an overview of this item. 34 Adoption of the FY 2012-2016 Capital Improvement Program Budget - Approved Staff Recommendation (4-0-1) — Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval with the exception of Mayor Roberts who was absent with the following noted abstentions: Council Member Edwards did not participate in the discussion concerning the Old Town Gym and Murrieta Creek Improvements projects because her employer, the Boys and Girls Club, is located within 500 feet of these projects and they are likely to affect her employer and its property. Council Member Edwards hereby abstains in the approval of this Resolution as such approval relates to the Old Town Gym and Murrieta Creek Improvements projects. Council Member Naggar did not participate in the discussion concerning the Inclusive Play Structure at Patricia H Birdsall Sports Park, the Great Oak High School Tennis Court Lighting, and the study of the Medians and the Ornamental Pedestrian Barriers on Deer Hollow between Birdsall Park and Great Oak High School projects because he has an interest in real property within 500 feet of the boundaries of these projects and they are likely to affect this property. Council Member Naggar hereby abstains in the approval of this Resolution as such approval relates to the Inclusive Play Structure at Patricia H Birdsall Sports Park, the Great Oak High School Tennis Court Lighting, and the study of the Medians and the Ornamental Pedestrian Barriers on Deer Hollow between Birdsall Park and Great Oak High School projects. RECOMMENDATION: 34.1 Adopt a resolution entitled: Action Minutes1061411 8 RESOLUTION NO. 11-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2012-16 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2011-12 By way of PowerPoint presentation, City Manager Nelson provided an overview of this item. 35 Random selection of one Council Member to participate in the possible acquisition and development of the Welty Hotel property (42100 Main Street) as authorized by Section 18708 of the Fair Political Practices Commission's Regulation Due to Potential Conflicts of Interest — continued off calendar RECOMMENDATION: 35.1 Randomly select one Council Member to participate in the possible acquisition and development of the Welty Hotel property and adjoining property by the Council and RDA to achieve a quorum following the procedures of Section 18708 of the Fair Political Practices Commission Regulation. City Attorney Thorson provided the staff report (as per agenda material). The following individuals addressed the City Council: • Wayne Hall • Stephen Eldred DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with respect to the two real estate matters, the Redevelopment Agency/City Council gave direction to staff and that no final action would be taken other than in a public session. Action Minutes1061411 9 ADJOURNMENT At 10:03 P.M., the City Council meeting was formally adjourned to Tuesday, June 28, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in memory of Harold Greek *** Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes1061411 10 Item No. 3 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 28, 2011 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. 11- 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. 11- 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 $5,323,800.05. 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 28th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 06/09/2011 TOTAL CHECK RUN 06/16/2011 TOTAL CHECK RUN 06/09/2011 TOTAL PAYROLL RUN: 06/16/2011 TOTAL PAYROLL RUN: $ 2,429,255.57 2,136,236.45 433,966.15 324,341.88 TOTAL LIST OF DEMANDS FOR 06/28/2011 COUNCIL MEETING: $ 5,323,800.05 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 2,848,015.93 130 RECOVERY ACT JAG FUNDING 847.17 165 AFFORDABLE HOUSING 19,922.33 170 MEASURE A FUND 375.04 190 TEMECULA COMMUNITY SERVICES DISTRICT 415,932.77 192 TCSD SERVICE LEVEL B 78,607.94 194 TCSD SERVICE LEVEL D 622.63 195 TCSD SERVICE LEVEL R 8,702.12 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 17,212.47 197 TEMECULA LIBRARY FUND 14,013.98 210 CAPITAL IMPROVEMENT PROJECTS FUND 457,766.78 280 REDEVELOPMENT AGENCY - CIP PROJECT 14,937.27 300 INSURANCE FUND 27,804.68 320 INFORMATION TECHNOLOGY 43,034.37 330 SUPPORT SERVICES 8,460.20 340 FACILITIES 27,724.99 380 RDA DEBT SERVICE FUND 489,549.38 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,858.62 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,593.11 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 531.04 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 1,460.35 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 1,460.35 477 CFD- RORIPAUGH 2,124.13 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,257.11 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,943.41 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,385.66 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 360.48 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,054.51 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,108.02 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 930.64 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 6,704.47 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 149.83 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 442.84 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 100.47 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,529.50 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,667.23 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,139.70 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 694.77 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 908.04 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 105.03 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 5,975.44 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,554.38 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,105.66 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 13,584.16 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 197.85 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 446.84 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 7,303.28 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,139.37 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 77.54 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 328.74 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 12,283.88 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 126.22 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,329.30 $ 4,565,492.02 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 469,534.92 165 AFFORDABLE HOUSING 17,458.56 190 TEMECULA COMMUNITY SERVICES DISTRICT 164,233.19 192 TCSD SERVICE LEVEL B 413.98 194 TCSD SERVICE LEVEL D 1,085.38 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,938.48 197 TEMECULA LIBRARY FUND 412.44 280 REDEVELOPMENT AGENCY - CIP PROJECT 12,013.68 300 INSURANCE FUND 2,734.08 320 INFORMATION TECHNOLOGY 35,391.15 330 SUPPORT SERVICES 9,301.49 340 FACILITIES 17,082.72 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 216.67 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 144.43 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 171.44 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 31.85 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 349.28 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 62.91 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 90.05 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 592.83 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 4.90 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 26.27 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 16.71 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 394.90 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 84.48 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 49.20 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 41.96 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 98.86 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 8.34 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 365.86 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 196.46 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 531.26 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 897.70 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 21.36 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 23.52 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 505.62 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 162.49 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 6.92 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 23.52 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 745.71 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 13.59 700 CERBT CALIFORNIA EE RETIREE-GASB45 20,828.87 758,308.03 TOTAL BY FUND: $ 5,323,800.05 apChkLst Final Check List Page: 1 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1709 06/09/2011 000245 PERS-HEALTH INSUR PREMIUM 1710 06/09/2011 010349 CALIF DEPT OF CHILD SUPPORT 1711 06/09/2011 000389 NATIONWIDE RETIREMENT SOLUTION 1712 06/09/2011 000642 TEMECULA CITY FLEXIBLE 1713 06/09/2011 000246 PERS (EMPLOYEES' RETIREMENT) 1714 06/09/2011 001065 NATIONWIDE RETIREMENT SOLUTION 1715 06/09/2011 000283 INSTATAX (IRS) 1716 06/09/2011 000444 INSTATAX (EDD) 145915 06/09/2011 003552 A F L A C 145916 06/09/2011 004973 ABACHERLI, LIN DI 145917 06/09/2011 006915 ALLIES PARTY EQUIPMENT 145918 06/09/2011 013015 ALWAYS RELIABLE BACKFLOW 145919 06/09/2011 012951 APPLIED DEVELOPMENT ECONOMICS Description Amount Paid Check Total PERS Health Admin Cost Payment Blue Shield HMO Payment Support Payment OBRA- Project Retirement Payment Child Care Reimbursement Payment Child Care Reimbursement Payment PERS ER Paid Member Contr Payment Nationwide Retirement Payment Federal Income Taxes Payment State Disability Ins Payment AFLAC Cancer Payment TCSD instructor earnings equip rental: Tribal Council mtg 5/24 backflow testing: old town backflow testing: slopes backflow testing: medians MAR CNSLT SVC:QUALITY OF LIFE PLAN 145920 06/09/2011 004623 AQUA SOURCE INC chemical supplies: TES pool 145921 06/09/2011 001323 ARROWHEAD WATER INC 4/23-5/22 WATER SVC: CITY FACILITIES 145922 06/09/2011 012365 BAAKARI FOUNDATION, THE refund:spec event ins:5/12/11 Theater 76,886.63 0.00 738.45 3,687.24 8,752.89 0.00 124,429.13 15,485.42 80,353.03 23,055.39 3,108.01 680.00 67.89 25.00 300.00 75.00 4,033.99 2,278.86 604.89 76,886.63 738.45 3,687.24 8,752.89 124,429.13 15,485.42 80,353.03 23,055.39 3,108.01 680.00 67.89 400.00 4,033.99 2,278.86 604.89 207.81 207.81 Pagel apChkLst Final Check List Page: 2 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145923 06/09/2011 002541 BECKER CONSTRUCTION sidewalk repair:vincent moraga SRVS INC 145924 06/09/2011 013684 BLUE SHIELD OF CALIFORNIA COBRA SUBSIDY MEDICAL COVERAGE 06/11 145925 06/09/2011 014229 BOXFORLESS.COM boat supplies: Family Fun Night 145926 06/09/2011 006908 C C & COMPANY INC entertainment: tcsd expo 4/30 145927 06/09/2011 003138 CAL MAT PW patch truck materials PW patch truck materials PW patch truck materials 145928 06/09/2011 000484 CALIF ASSN FOR LOCAL 11 CALED mb: Damko, Christine ECONOMIC 145929 06/09/2011 014230 CALIF AVOCADO COMMISSION refund:sec dep:rm rental:CRC 145930 06/09/2011 010939 CALIF DEPT OF INDUSTRIAL 146667 elevator insp:Fld Op Ctr 128893 elevator insp:Maint Facility 7,720.00 7,720.00 978.89 978.89 750.99 750.99 400.00 400.00 1,211.78 537.79 415.08 2,164.65 80.00 80.00 150.00 150.00 225.00 225.00 450.00 145931 06/09/2011 004971 CANON FINANCIAL SERVICES, May copier lease: Fire 182.55 INC Jul copier lease: Civic Center 3,004.54 145932 06/09/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 CHARITIES 145933 06/09/2011 002945 CONSOLIDATED ELECTRICAL electrical supplies: citywide DIST. 145934 06/09/2011 012353 CONSTRUCTION TESTING Apr geotech svc: Civic Ctr 145935 06/09/2011 013379 COUSSOU, CELINE TCSD Instructor Eamings TCSD Instructor Eamings 145936 06/09/2011 013621 CRAMER, AMY L. 145937 06/09/2011 003272 DAISYWHEEL RIBBON COMPANY INC 145938 06/09/2011 012600 DAVID EVANS & ASSOCIATES INC 145939 06/09/2011 003945 DIAMOND ENVIRONMENTAL SRVCS TCSD Instructor Eamings misc plotter supplies: info tech APR CNSLT SVC:BUTTERFIELD STG RD EXT Jun restroom svc: GOHS 3,187.09 62.00 128.33 128.33 1,060.00 1,060.00 531.30 147.00 678.30 1,625.00 1,625.00 152.17 152.17 6,128.61 6,128.61 52.88 52.88 Page2 apChkLst Final Check List Page: 3 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145940 06/09/2011 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total Fuel for City vehicles: B&S 433.15 Fuel for City vehicles:PW cip/Indv/npdes 447.57 Fuel for City vehicles: PW Indv/npdes 146.14 Fuel for City vehicles: PW Traffic 417.11 Fuel for City vehicles: PW Maint 1,753.08 Fuel for City vehicles: TCSD 2,518.83 Fuel for City vehicles: Code Enf 631.32 Fuel for City vehicles: Police 68.48 145941 06/09/2011 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Eamings 364.00 AILEEN TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 145942 06/09/2011 011203 ENVIRONMENTAL CLEANING janitorial svcs: Memorial weekend 145943 06/09/2011 001056 EXCEL LANDSCAPE May landscape maint: medians May landscape maint: parks May landscape maint:north slopes May landscape maint: city facilities May landscape maint:south slopes May landscape maint: parks 145944 06/09/2011 014046 FABULOUS PELICANS entertainment:summer concerts 145945 06/09/2011 000165 FEDERAL EXPRESS INC 5/4-23 city express mail services 145946 06/09/2011 000206 FEDEX KINKOS INC shipping supplies: central svcs 145947 06/09/2011 010826 FERNANDEZ, MARIGOLD refund:rm rental:CRC refund:sec dep:rm rental:CRC 145948 06/09/2011 011145 FOSTER, JILL C. TCSD instructor earnings 145949 06/09/2011 002982 FRANCHISE TAX BOARD Support Payment 145950 06/09/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 145951 06/09/2011 014236 GATLIN, CARROLL refund:ping appl w/d:PA11-0151 252.00 224.00 112.00 364.00 280.00 126.00 6,415.68 1,722.00 700.00 700.00 16,469.70 50,935.88 19,749.97 8,885.54 34,844.87 47,825.10 1,510.00 278.67 178,711.06 1,510.00 278.67 88.09 88.09 395.00 150.00 315.00 250.56 50.00 270.00 545.00 315.00 250.56 50.00 270.00 Pages apChkLst Final Check List Page: 4 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 145952 06/09/2011 009245 GELLES, PAUL M. 145953 06/09/2011 009608 GOLDEN VALLEY MUSIC SOCIETY 145954 06/09/2011 000520 HDL COREN & CONE INC 145955 06/09/2011 010210 HOME DEPOT SUPPLY INC, TH E 145956 06/09/2011 003198 HOME DEPOT, THE Description Amount Paid Check Total CFD 88-12 Reimbursement FY 09/10 sttlmnt: Classics at the Merc May '11 Apr -Jun property tax cnslt:fnance maint supplies: civic center maint supplies: theater 277.78 277.78 1,024.80 1,024.80 5,250.00 5,250.00 141.16 221.20 362.36 misc tools/equip:tccftvm/theater 238.10 misc tools/equip:tccftvm/theater 145957 06/09/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 303355 441.22 679.32 6,046.91 6,046.91 145958 06/09/2011 013420 INGRAM LIBRARY SERVICES (1) BOOK PURCHASE: LIBRARY 30.18 INC (24) BOOK PURCHASE: LIBRARY 409.65 145959 06/09/2011 012912 INLAND VALLEY BRIDGE, UNIT refund:sec dep:rm rental:CRC 150.00 #534 439.83 150.00 145960 06/09/2011 001186 IRWIN, JOHN TCSD instructor earnings 93.80 TCSD instructor earnings 196.00 TCSD instructor earnings 352.80 642.60 145961 06/09/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 160.00 160.00 145962 06/09/2011 012295 JAMESON MANAGEMENT INC garage door repair: Stn 84 1,237.56 garage door repair: Stn 84 754.76 1,992.32 145963 06/09/2011 012285 JOHNSTONE SUPPLY misc tools/equip: Fld Op Ctr 265.31 misc tools/equip: Fld Op Ctr 185.65 450.96 145964 06/09/2011 000209 L & M FERTILIZER INC MISC PARTS/SUPPLIES: PW MAINT 269.95 269.95 145965 06/09/2011 007188 LAERDAL MEDICAL CORP. CPR supplies: Paramedics 685.13 685.13 145966 06/09/2011 013879 LAKESHORE LEARNING class supplies: tiny tots pgrm 166.47 166.47 MATERIALS 145967 06/09/2011 010598 LEIGHTON AND ASSOCIATES, 2/21-5/1 geotech svc:nicholas rd 603.36 603.36 INC. 145968 06/09/2011 000482 LEIGHTON CONSULTING INC 4/18-5/15 enviro rpt:overland ext 4,680.00 4,680.00 Page4 apChkLst Final Check List Page: 5 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145969 06/09/2011 003726 LIFE ASSIST INC medical supplies: Paramedics 484.64 484.64 145970 06/09/2011 013769 LIGHTSQUARED LP May satellite phone svc:CM/Fire 147.50 147.50 145971 06/09/2011 004230 LINCOLN EQUIPMENT INC replace motor:electric pace clock 103.92 103.92 145972 06/09/2011 014231 MABON, RENATA refund:summer day camp 0405.202 210.00 210.00 145973 06/09/2011 013875 MAGID GLOVE & SAFETY MFG Safety supplies:PW Maint 65.86 65.86 CO 145974 06/09/2011 004141 MAINTEX INC Cleaning & maint supplies:city fac's 1,372.15 1,372.15 145975 06/09/2011 000217 MARGARITA OFFICIALS ASSN May officiating srvcs:CSD sports pgrm 5,110.00 5,110.00 145976 06/09/2011 012364 MASTERS, TRACY Reimb:S/F Rec Guide Supplies 60.00 60.00 145977 06/09/2011 014232 MATTHEW, CHRISTINE refund:Pennypickles scout patch 10.00 10.00 145978 06/09/2011 006571 MELODYS AD WORKS INC. Jun marketing & promo srvcs:old town 4,000.00 4,000.00 145979 06/09/2011 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,279.63 7,279.63 COMPANY 145980 06/09/2011 012962 MILLER, MISTY TCSD Instructor Eamings 906.50 TCSD Instructor Eamings 126.00 1,032.50 145981 06/09/2011 012580 MINUTEMAN PRESS Printing: aquatic information cards 145982 06/09/2011 013965 MONOPRICE, INC. Audio/visual supplies:info tech 145983 06/09/2011 010908 MR APPLIANCE OF Appliance repair: Library WINCHESTER 145984 06/09/2011 005872 MUNICIPAL INFO SYS ASSN OF FY11/12 mbrshp dues:M.Heslin CAL 145985 06/09/2011 006745 MUNICIPAL MAINTENANCE equip maint:PW Maint 145986 06/09/2011 002727 MUNICIPAL MGMT FY10/11 mbrshp dues:GY/TI/AA ASSOCIATION 108.73 108.73 78.79 78.79 120.00 120.00 240.00 240.00 54.15 54.15 195.00 195.00 Pages apChkLst Final Check List Page: 6 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145987 06/09/2011 013375 MYERS-RUSSO, ERICA TCSD Instructor Eamings 84.00 TCSD Instructor Eamings 52.50 TCSD Instructor Eamings 378.00 TCSD Instructor Eamings 50.40 TCSD Instructor Eamings 168.00 732.90 145988 06/09/2011 002925 NAPA AUTO PARTS Vehicle Maintenance: Sta 92 21.71 21.71 145989 06/09/2011 005006 N BS GOVERNMENT FINANCE 2/24-5/26 ADMIN FEES:FINANCE 9,027.60 9,027.60 GROUP 145990 06/09/2011 008820 NEIGHBORS NEWSPAPER Jun advertising:street painting 250.00 250.00 145991 06/09/2011 013319 NEW TANGRAM LLC office cabinet:info tech 987.37 987.37 145992 06/09/2011 010244 NO LIMITS SILK SCREEN AWARDS: ADULT SOFTBALL T-SHIRTS 597.10 597.10 145993 06/09/2011 002139 NORTH COUNTY TIMES May advertising:western days 580.60 May display ads:City Clerk 308.40 889.00 145994 06/09/2011 001171 ORIENTAL TRADING COMPANY Misc supplies: summer day camp 858.38 INC Misc supplies: SOAR pgrm 225.28 RECREATION SUPPLIES:C.MUSEUM 14.99 1,098.65 145995 06/09/2011 013692 PATIO WORLD Fumiture: Finance 4,260.58 4,260.58 145996 06/09/2011 012833 PC MALL GOV, INC. Computer equip:Info Tech 21.75 21.75 145997 06/09/2011 010338 POOL & ELECTRICAL Fountain supplies:wolf creek park 68.33 68.33 PRODUCTS INC 145998 06/09/2011 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 324.85 324.85 INC 145999 06/09/2011 000254 PRESS ENTERPRISE 6/19/11-6/16/12 subscr:Pln 9575818 175.76 COMPANY INC 6/18/11-6/15/12 subscr:Finance 6683902 169.00 344.76 146000 06/09/2011 012904 PRO ACTIVE FIRE DESIGN May plancheck srvcs: fire prevention 4,453.87 4,453.87 146001 06/09/2011 013721 PROP ET DISTRIBUTORS INC Pet waste disposal bags: various parks 2,052.44 2,052.44 146002 06/09/2011 002012 R D 0 EQUIPMENT COMPANY EQUIP REPAIR & MAINT:PW MAINT 1,627.86 1,627.86 Pages apChkLst Final Check List Page: 7 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146003 06/09/2011 002612 RADIO SHACK INC Misc supplies: info tech 146004 06/09/2011 000262 RANCHO CALIF WATER DISTRICT 38.05 38.05 May var water meters: Fire Stns 624.89 May var water meters:TCSD 2,936.55 May var water meters:TCSD & PW 1,444.52 May var water meters:TCSD svc lev C 33,353.52 May water meter:28640 Pujol St 7.55 May floating water meter - com 157.47 38,524.50 146005 06/09/2011 009725 RAZAVI, MANDIS TCSD Instructor Eamings 750.40 TCSD Instructor Eamings 360.00 1,110.40 146006 06/09/2011 000271 RBF CONSULTING MAR ENG SRVCS:I-15/SR-79 73,733.75 73,733.75 ULT.INTRCHG 146007 06/09/2011 004584 REGENCY LIGHTING ELECTRICAL SUPPLIES:OLD TOWN/PRKS/AQUTCS Electrical supplies:Old Town Misc electrical supplies:library 146008 06/09/2011 003591 RENES COMMERCIAL Post -emergent spraying:City R -O -Ws MANAGEMENT 146009 06/09/2011 002110 RENTAL SERVICE CORPORATION RENTAL OF TOOLS & MAINT:PW MAINT Equipment rental:PW Maint Equipment rental:PW Maint Equipment purchase: civic center 810.53 115.36 1,096.20 11,975.00 714.38 29.26 39.72 2,537.41 2,022.09 11,975.00 3,320.77 146010 06/09/2011 003698 RIVERSIDE CO ECONOMIC Apr -May real property srvcs:f.v. pkwy 1,634.36 1,634.36 146011 06/09/2011 000411 RIVERSIDE CO FLOOD Mar -Apr permit fees:S.G.Crk Ped Bridge 3,701.68 3,701.68 CONTROL 146012 06/09/2011 000406 RIVERSIDE CO SHERIFFS 2/10-3/09/11:law enforcement 1,493,860.84 1,493,860.84 DEPT 146013 06/09/2011 001365 RIVERSIDE COUNTY OF renew permit: Sam Hicks Park 208.00 208.00 146014 06/09/2011 001365 RIVERSIDE COUNTY OF renew permit: Kent Hintergardt Park 208.00 208.00 146015 06/09/2011 000220 ROBINSON PRINTING & Printing srvcs: Medics 2,866.65 2,866.65 CREATIVE 146016 06/09/2011 008910 ROSENSTEIN AND HITZEMAN, reimb window cleaning srvcs:Edge Dev 820.00 820.00 AAPLC Page:7 apChkLst Final Check List Page: 8 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146017 06/09/2011 012251 ROTH, DONALD J. Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings 378.00 168.00 546.00 146018 06/09/2011 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 732.44 732.44 146019 06/09/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 146020 06/09/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 146021 06/09/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 146022 06/09/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 6/2/11 478.10 478.10 146023 06/09/2011 011291 SIERRA PACIFIC ELECTRICAL Traffic sig install:rancho cal/yukon 26,663.22 26,663.22 146024 06/09/2011 010017 SIGN A RAMA SIGNAGE:VAR ECO DEV EVENTS 577.46 ADDTL SIGNAGE:VAR OLD TOWN EVEN" 146025 06/09/2011 004814 SIMON WONG ENGINEERING APR ENG SRVCS:MAIN ST BRIDGE INC 146026 06/09/2011 014233 SLUSSER, ANGELITA refund:sec dep:rm rental:CRC 146027 06/09/2011 000645 SMART & FINAL INC MISC SUPPLIES:MPSC MISC SUPPLIES:HIGH HOPES PGRM MISC SUPPLIES:HIGH HOPES PGRM MISC SUPPLIES:MPSC MISC SUPPLIES:F/D DATE NIGHT 621.51 1,198.97 9,490.40 9,490.40 150.00 150.00 357.21 220.12 231.46 126.08 145.37 1,080.24 Pages apChkLst Final Check List Page: 9 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 146028 06/09/2011 000537 SO CALIF EDISON 146029 06/09/2011 006221 SOUTH BAY FOUNDRY INC. 146030 06/09/2011 000519 SOUTH COUNTY PEST CONTROL INC 146031 06/09/2011 012652 SOUTH ERN CALIFORNIA 146035 06/09/2011 007762 STANDARD INSURANCE COMPANY 146036 06/09/2011 012723 STANDARD INSURANCE COMPANY 146037 06/09/2011 013790 STANDARD PACIFIC 146038 06/09/2011 002366 STEAM SUPERIOR CARPET CLEANING (Continued) Description Amount Paid Check Total May 2-00-397-5067:TCSD svc lev C May 2-31-536-3226:28690 Mercedes May 2-31-419-2873:43000 Hwy 395 Apr -May 2-29-807-1093:28079 Diaz PED Apr -May 2-29-807-1226:28077 Diaz May 2-29-953-8447:31738 Wolf vly rd May 2-30-520-4414:32781 Tem pkwy May 2-27-805-3194:42051 Main St May 2-31-404-6020:28771 OT fmt st May 2-28-629-0507:30600 Pauba Rd May 2-25-393-4681:41951 Moraga Rd May 2-29-223-8607:42035 2nd St PED Apr -May 2-00-397-5042:43200 Bus pk May 2-29-224-0173:32364 overind trl May 2-29-295-3510:32211 Wolf vly rd May 2-31-936-3511:46488 Pechanga May 2-29-657-2563:42902 butterfield May 2-30-220-8749:45850 N Wolf Crk May 2-29-657-2332:45538 Redwood Apr 2-29-807-1093:28079 Diaz PED Apr 2-29-807-1226:28077 Diaz PED May 2-29-458-7548:32000 rncho cal Grates:El Chimsal catch basin Pest control srvcs: Civic Center Pest control srvcs: Civic Center Pest control srvcs:redhawk park Pest control services: parks Pest control services: fire station 84 June gen usage:0141,0839,2593,9306 Mandatory Life Insurance Payment Voluntary Supp Life Insurance Payment refund:overpmt offees:B11-0748 5/9-13 carpet cleaning srvcs: foc 1,974.37 1,170.17 23.36 45.70 45.70 21.11 453.13 3,337.30 983.50 6,377.24 465.31 429.34 2,399.46 890.04 903.27 42.22 173.09 392.58 21.11 22.05 22.05 214.87 815.63 134.00 94.00 94.00 94.00 80.00 509.85 9,072.60 733.90 9,205.00 300.00 5/16-20 carpet cleaning srvcs: foc 300.00 Carpet cleaning srvcs: foc 20,406.97 815.63 496.00 509.85 9,072.60 733.90 9,205.00 950.00 1,550.00 Page9 apChkLst Final Check List Page: 10 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146039 06/09/2011 013800 STEINHILBER CORP, THE Fire alarm maint:library 294.61 294.61 146040 06/09/2011 004207 STEINY & COMPANY INC May const contract:CCTV on tem pkwy 6,300.00 6,300.00 146041 06/09/2011 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Eamings 336.00 TCSD Instructor Eamings 235.20 TCSD Instructor Eamings 201.60 772.80 146042 06/09/2011 003840 STRONGS PAINTING Painting srvcs:tcc 4,440.00 4,440.00 146043 06/09/2011 008164 SUN CITY GRANITE INC PAVER MAINT:VETERAN'S MEMORIAL 560.00 560.00 146044 06/09/2011 013387 SWEEPING UNLIMITED INC May sweeping srvcs:parking garage 500.00 500.00 146045 06/09/2011 003599 T Y LIN INTERNATIONAL Feb -Apr dsgn srvcs:w. bypass bridge 15,540.00 15,540.00 146046 06/09/2011 011897 TAG/AMS INC Apr -May DOT screening:HR 130.00 130.00 146047 06/09/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,817.00 4,817.00 146048 06/09/2011 010848 TEMECULA PLANTSCAPE May lease interior plantscape:library 200.00 Interior plantscape srvcs:civic center 525.00 725.00 146049 06/09/2011 000311 TEMECULA VALLEY HIGH SCHOOL 146050 06/09/2011 001022 THOMPSON PUBLISHING GROUP INC 146051 06/09/2011 010276 TIME WARNER CABLE refund:sec dep:rm rental:CRC 150.00 150.00 ADA Compliance Guide:B&S Dept 468.91 468.91 June high speed intemet:30600 Pauba 528.20 June high speed intem et:42081 Main St 58.49 586.69 146052 06/09/2011 000668 TIMMY D PRODUCTIONS INC SOUND TECHNICIAN: F/D DANCE 5/20 146053 06/09/2011 000319 TOMARK SPORTS INC 550.00 550.00 Volleyball nets: crc gym 123.21 Tennis nets:var citywide locations 146054 06/09/2011 003031 TRAFFIC CONTROL SERVICE TRAFFIC CONTROL PAINT:PW MAINT INC 146055 06/09/2011 007766 UNDERGROUND SERVICE May undrgrnd svcs alert tickets:PW ALERT 1,295.30 1,418.51 614.44 614.44 187.50 187.50 Page:10 apChkLst Final Check List Page: 11 06/09/2011 4:42:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146056 06/09/2011 000325 UNITED WAY United Way Charities Payment 63.00 63.00 146057 06/09/2011 008977 VALLEY EVENTS INC EQUIP RENTALS:SPECIAL GAMES 3/19 1,350.00 1,350.00 146058 06/09/2011 004261 VERIZON May xxx-0049 gen usage:Comerchero 36.89 Jun xxx-3979 gen usage:PD mall fax 84.94 121.83 146059 06/09/2011 012751 VERIZON BUSINESS various phone lines:gen usage:IT 2,163.43 2,163.43 146060 06/09/2011 006248 WALKER, JESSICA TCSD Instructor Eamings 280.00 280.00 146061 06/09/2011 001342 WAXIE SANITARY SUPPLY INC Custodial supplies: civic center 337.40 Misc janitorial supplies:city fac's 1,870.92 2,208.32 146062 06/09/2011 003730 WEST COAST ARBORISTS INC Tree removal srvcs: vail ranch 4/16-30/11 TREE TRIMMING SRVCS:PW 4/1-15/11 TREE TRIMMING SRVCS:PW M, 146063 06/09/2011 000339 WEST PUBLISHING CORP 4/5-5/4/11 judicial updates: City Clerk 146064 06/09/2011 000341 WILLDAN ASSOCIATES INC Apr eng srvs:pwtraffc 146065 06/09/2011 004567 WITCHER ELECTRIC Install light pole:harveston park 146066 06/09/2011 003776 ZOLL MEDICAL CORPORATION MISC MEDICAL SUPPLIES: PARAMEDICS Medical Supplies: Medics 799.50 9,721.00 20,498.00 165.32 880.00 31,018.50 165.32 880.00 780.00 780.00 1,620.46 287.81 1,908.27 Grand total for UNION BANK OF CALIFORNIA: 2,429,255.57 Pagel 1 apChkLst Final Check List Page: 12 06/09/2011 4:42:11PM CITY OF TEMECULA 157 checks in this report. Grand Total All Checks. 2,429,255.57 Page:12 apChkLst Final Check List Page: 1 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1717 06/16/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 90,740.47 90,740.47 1718 06/16/2011 000444 INSTATAX (EDD) State Income Taxes Payment 28,557.94 28,557.94 1719 06/10/2011 005460 U S BANK '07 RDA bonds debt srvc pmt 416,696.25 416,696.25 1720 06/10/2011 005460 U S BANK '06 RDA bonds debt srvc pmt 72,853.13 72,853.13 146067 06/16/2011 007186 AB MAILING SOLUTIONS postage:Temecula Presents 11/12 4,615.00 4,615.00 146068 06/16/2011 014212 ACADEMY OF FIRE SPRINKLER regist:Spinkler pin ry cf SD 6/22-23 200.00 200.00 TECH 146069 06/16/2011 013367 ACTIVE MICRO INC MISC TOOLS/EQUIP: PW TRAFFIC 457.84 457.84 146070 06/16/2011 004802 ADLERHORST INTERNATIONAL MAY TRAINING:PD K -9S RUDY/ASTIN 283.34 283.34 INC 146071 06/16/2011 006915 ALLIES PARTY EQUIPMENT equip rental: western days 872.31 872.31 146072 06/16/2011 004240 AMERICAN FORENSIC NURSES credit: inv 59631/59883 billed twice -287.56 (AFN) 146073 06/16/2011 000936 AMERICAN RED CROSS 146074 06/16/2011 014246 AN DU & WALCOTT INV 146075 06/16/2011 013950 AQUA CHILL OF SAN DIEGO DUI & drug screenings: Police 646.20 DUI & drug screenings: Police certification cards: lifeguard pgrm certification cards: lifeguard pgrm WS instructor's kits: Aquatics 440.80 799.44 56.00 104.00 208.00 Refund:Service Level R 259.34 Refund:Service Level R May water svc: conference center 259.34 27.19 368.00 518.68 27.19 146076 06/16/2011 007065 B & H PHOTO VIDEO INC COMMUNICATION EQUIP: CIVIC CTR 10,964.94 COMMUNICATION EQUIP: CIVIC CTR 1,948.32 12,913.26 146077 06/16/2011 011666 B P S TACTICAL INC K-9 ballistic vest covers:police 554.63 554.63 146078 06/16/2011 011954 BAKER &TAYLOR INC (6) BOOK PURCHASE: LIBRARY 113.42 113.42 146079 06/16/2011 009776 BAKER WINDOW & DOOR Res Impry Prgm: Montoya 2,913.00 2,913.00 Pagel apChkLst Final Check List Page: 2 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146080 06/16/2011 005709 BAMM PROMOTIONAL uniform shirts: pw maint 696.00 696.00 PRODUCTS 146081 06/16/2011 014257 BARRETT, JAMES refund:permit overpmt:B11-0851 3.49 3.49 146082 06/16/2011 014179 BERSHAW, WAYNE reimb:50% mpsc center pieces 37.45 37.45 146083 06/16/2011 004040 BIG FOOT GRAPHICS Entertainment: FAM pgrm 6/13 400.00 TCSD instructor earnings 490.00 T-shirts:CRC summer pgrms 700.00 1,590.00 146084 06/16/2011 014244 BRANNIGAN, MICHAEL K & Refund:Service Level R 633.92 633.92 ELAINE 146085 06/16/2011 009437 BRENNER FIELDER &ASSOC, equip repair: harveston park 1,919.57 1,919.57 INC 146086 06/16/2011 006908 C C & COMPANY INC entertainment:summer concerts 250.00 250.00 146087 06/16/2011 003138 CAL MAT PW patch truck materials PW patch truck materials PW patch truck materials 636.90 679.38 542.51 1,858.79 146088 06/16/2011 005071 CALIF ASSN OF PARKS 11/12 mb:(5) TCSD Commissioners 175.00 175.00 146089 06/16/2011 004248 CALIF DEPT OF DUI & DRUG SCREENINGS:POLICE 35.00 35.00 JUSTICE-ACCTING 146090 06/16/2011 013469 CALTEC CORP May const:TCC expansion 100,798.35 100,798.35 146091 06/16/2011 014255 CDLU RANCHO PARTNERS Refund:Service Level R 316.98 316.98 146092 06/16/2011 009640 CERTIFION CORPORATION May dbase subscription: police 185.80 185.80 146093 06/16/2011 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,886.18 1,886.18 146094 06/16/2011 003997 COAST RECREATION INC playground equip: harveston 833.13 833.13 146095 06/16/2011 014259 COMMUNITY ASSOCIATIONS refund:sec dep:picnic rental:Harveston 150.00 150.00 146096 06/16/2011 013286 CONN EXON TELECOM INC May 911 routing svc: citywide 320.00 320.00 Page2 apChkLst Final Check List Page: 3 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146097 06/16/2011 001264 COSTCO WHOLESALE 146098 06/16/2011 004329 COSTCO WHOLESALE CORP 146099 06/16/2011 003986 COZAD & FOX INC 146100 06/16/2011 010650 CRAFTSMEN PLUMBING & HVAC INC Description Amount Paid Check Total misc supplies: SOAR pgrm MISC SUPPLIES:RECREATION EVENTS MISC SUPPLIES:RECREATION EVENTS misc supplies:bb toumament 6/25 misc supplies: YAK pgrm 6/10 176.02 443.60 661.98 179.67 97.38 1,558.65 misc supplies: fire prevention 299.79 299.79 May easement svcs:RRSP basin 1,047.50 1,047.50 concrete work:harveston park 1,250.00 1,250.00 146101 06/16/2011 013560 CROWN BUILDING MAINT CO MAY JANITORIAL SVC:HARVESTON 131.84 INC PARK May janitorial svcs: city facilities 4,077.02 4,208.86 146102 06/16/2011 014251 DEARMAS, JOSE I Refund:Service Level R 172.88 172.88 146103 06/16/2011 014254 DURAN, ANDRES & CARIDAD A Refund:Service Level R 316.98 316.98 146104 06/16/2011 002390 EASTERN MUNICIPAL WATER May water meter:29656 Diego Dr 156.50 156.50 DIST 146105 06/16/2011 014165 ECCENTRIC ENTERPRISE, INC. light fixturesw/lamps:theater 368.00 368.00 146106 06/16/2011 014249 ECKERT, WILLIAM D & DIANNE Refund:Service Level R 633.92 633.92 146107 06/16/2011 004829 ELLISON WILSON ADVOCACY Jun advocacycnslt: CM 3,500.00 3,500.00 LLC 146108 06/16/2011 009618 ENNIS PAINT INC misc traffic paint: pw maint 7,929.23 7,929.23 146109 06/16/2011 003665 EXCEL COMMERCIAL May long distance phone svcs 54.29 54.29 146110 06/16/2011 009953 FEDERAL CLEANING Jun janitorial svc:pd mall office 625.00 625.00 CONTRACTORS 146111 06/16/2011 011922 FIRST AMERICAN CORELOGIC Apr dbase subscription: code enf 224.00 INC credit: prorated subscr Apr -Jun -200.00 1 yr subscr dbase: Code Enforcement 600.00 624.00 Pages apChkLst Final Check List Page: 4 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146112 06/16/2011 003347 FIRST BANKCARD CENTER 011998 YAHOO! FLICKR GY 2 yr Flickr Pro acct: Info Tech 47.99 014214 NEWEGG.COM GY(2) hard drives traffic dvr:Police 238.13 014260 SUPERIOR PRESS, INC. GR cashier scanners/waranty:finance 100.80 011368 MCGRAW-HILL COMPANIES, GR credit: subscr enr.com finance -9.95 TH E 014260 SUPERIOR PRESS, INC. GR cashier scanners/waranty:finance 706.88 011368 MCGRAW-HILL COMPANIES, GR subscr enr.com: finance 9.95 TH E 006952 PAYPAL HP Verisign Pay0ow Pro Transaction 203.80 008764 ORANGE EMPIRE RAILWAY HP excursion:recreation pgrm 700.00 MUSEUM 013851 STORM SOURCE, LLC GR appointments plus: Info Tech 20.00 006952 PAYPAL GR Verisign Pay0ow Pro Transaction 59.95 007033 CROWNE PLAZA HOTELS JC htl:NLC Steering mtg 5/19-21 Ventura 270.72 2,348.27 RESORTS 146113 06/16/2011 002982 FRANCHISE TAX BOARD Support Payment Account # 562276013 50.00 50.00 146114 06/16/2011 014238 GAISER, SUE L Refund:Service Level R 633.92 633.92 146115 06/16/2011 001937 GALLS INC Uniforms: Police Volunteers 163.08 163.08 146116 06/16/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 6/4 392.40 392.40 146117 06/16/2011 000177 GLENNIES OFFICE PRODUCTS OFFICE SUPPLIES: CRC 144.26 INC 146118 06/16/2011 005311 H2O CERTIFIED POOL WATER SPCL. 146119 06/16/2011 008081 HALL & FOREMAN INC OFFICE SUPPLIES: TCSD 466.11 OFFICE SUPPLIES: PW CIP 57.70 OFFICE SUPPLIES: THEATER 758.02 Office supplies: B&S 130.78 Office Supplies: Records 145.64 Office supplies: Planning 120.01 Office Supplies: Info Tech 695.81 Office Supplies: Fire Dept 905.36 Office Supplies: Library 1,284.05 OFFICE SUPPLIES: MPSC 151.34 4,859.08 May water maint: fountain 175.00 May pool maint: CRC/TES 900.00 1,075.00 May cnslt: library parking 2,693.24 2,693.24 Page4 apChkLst Final Check List Page: 5 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146120 06/16/2011 000186 HANKS HARDWARE INC Hardware supplies: PW Maint 703.58 Hardware supplies: Ch Museum 70.06 Hardware supplies: Civic Ctr 294.25 Hardware supplies: Aquatics 102.62 Hardware supplies: MPSC 1941 Hardware supplies: Fire Dept 1,392.99 Hardware supplies: Code Enf 66.91 HARDWARE SUPPLIES: PW TRAFFIC 67.88 Hardware supplies: Library 77.60 Hardware supplies: CRC 198.51 Hardware supplies: Theater 80.97 Hardware supplies: TCC 5.43 Hardware supplies: Town Square 14.66 Hardware supplies: TCSD Parks 2,041.96 MISC HARDWARE SUPPLIES: TVM 87.82 5,224.65 146121 06/16/2011 003198 HOME DEPOT, THE hardware supplies:tcsd events 216.41 216.41 146122 06/16/2011 014245 HONN, STEVEN R &SHERRYJ Refund:Service Level R 633.92 633.92 146123 06/16/2011 014045 HOT ROD LINCOLN ENTERTAINMENT: SUMMER CONCERT 1,500.00 1,500.00 146124 06/16/2011 002701 HUB INT'L INSURANCE May' 11 special events premiums 1,091.77 1,091.77 SERVCS INC 146125 06/16/2011 004833 IMPERIAL PAVING COMPANY paving/striping:vail ranch park 1,900.00 INC paving: rrsp/crc parking lot 17,881.00 19,781.00 146126 06/16/2011 013695 INLAND EMPIRE SHRED IT 6/6 doc shred svc: Library 15.00 6/6 doc shred svc: CRC 15.00 6/6 doc shred svc: Civic Ctr 50.00 6/6 doc shred svcs: PD mall office 15.00 6/6 doc shred svc: PD substation 15.00 110.00 146127 06/16/2011 001407 INTER VALLEY POOL SUPPLY pool santizing chemicals:citywide 890.34 INC pool santizing chemicals:citywide 570.14 1,460.48 146128 06/16/2011 014239 INT'L CHURCH FOURSQUARE Refund:Service Level R 633.92 633.92 GOSPEL 146129 06/16/2011 003296 INTL CODE COUNCIL 11/12 mb 0927009:Wgle, Elsa 225.00 225.00 146130 06/16/2011 003046 KF R O G 95.1 FM RADIO advertising: western days 850.00 850.00 Pages apChkLst 06/16/2011 2:27:02PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 146131 06/16/2011 000488 KNOTTS BERRY FARM 146132 06/16/2011 014241 KOLERICH, THOMAS D & LORETTA J 146133 06/16/2011 014261 KOUROUBACALIS, MAGDALENA 146134 06/16/2011 014242 LASAGNA FAMILY TRUST OF 2004 146135 06/16/2011 014240 LAZIER, DAVID R & DONNA E 146136 06/16/2011 003726 LIFE ASSIST INC 146137 06/16/2011 013188 LINFIELD CHRISTIAN SCHOOL 146138 06/16/2011 010549 LOWE'S OF TEMECULA 146139 06/16/2011 004813 M & J PAUL ENTERPRISES INC 146140 06/16/2011 013914 MAYDAY INDUSTRIES, INC. 146141 06/16/2011 000944 MCCAIN TRAFFIC SUPPLY INC 146142 06/16/2011 014262 METLIFE TOWER RESOURCES GROUP 146143 06/16/2011 014253 MILLER, JIM CLIFFORD & CONSTANCE 146144 06/16/2011 001892 MOBILE MODULAR (Continued) Description Amount Paid Check Total excursion:teen camp 6/21 Refund:Service Level R reimb:motorcycle safety trn SD 4/25-27 Refund:Service Level R Refund:Service Level R medical supplies: Paramedics medical supplies: Paramedics medical supplies: Paramedics medical supplies: Paramedics medical supplies: Paramedics CERT field guides: TCC medical supplies: Paramedics emerg medical equip:citizen corps refund:sec dep:picnic rental:RRSP dishwasher: library equip rental:Special Games Equip rental:TCSD Expo CERT TRAINING SUPPLIES: TCC MAY PURCH & INSTALL: TRAFFIC SIG SYNC MAY PURCH & INSTALL: TRAFFIC SIG S` Release claims agreement pmt Refund:Service Level R 5/18-6/16 modular bldg rental:OATC 4/18-5/17 modular bldg rental:OATC credit:billing adj/rental:OATC 399.80 316.98 408.03 316.98 316.98 933.70 560.22 185.28 4.16 241.43 1,068.43 402.79 3,503.32 150.00 784.79 155.00 1,200.00 3,051.89 45,234.50 50,228.55 25,000.00 633.92 625.31 625.31 -10.88 399.80 316.98 408.03 316.98 316.98 6,899.33 150.00 784.79 1,355.00 3,051.89 95,463.05 25,000.00 633.92 1,239.74 Pages apChkLst Final Check List Page: 7 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146145 06/16/2011 005887 MOFFATT &NICHOL 3/27-4/30 CONSULTING:FRENCH 99,529.05 99,529.05 ENGINEERS VLY/I-15 146146 06/16/2011 014243 MULHOLLAND LAND COMPANY Refund:Service Level R 316.98 316.98 146147 06/16/2011 010244 NO LIMITS SILK SCREEN Softball awards:sports pgrm 7,037.26 7,037.26 146148 06/16/2011 002139 NORTH COUNTY TIMES PUBLIC NOTICES: PLANNING DEPT 1,298.88 1,298.88 146149 06/16/2011 003964 OFFICE DEPOT BUSINESS SVS Projector:police crime prevention 723.18 DIV Misc office supplies:pd mall office 50.88 Misc office supplies:pd mall office 54.15 828.21 146150 06/16/2011 002105 OLD TOWN TIRE & SERVICE TIRES:POLICE TRAILER 452.32 452.32 146151 06/16/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 23.75 23.75 146152 06/16/2011 001171 ORIENTAL TRADING COMPANY MISC SUPPLIES:RECREATION &SPCL 92.99 92.99 INC EVENTS 146153 06/16/2011 010906 P C R SERVICES MAR AIR QUALITY 3,377.05 3,377.05 CORPORATION CONSULTING:PLANNING 146154 06/16/2011 012833 PC MALL GOV, INC. 146155 06/16/2011 013381 PEREZ, AARON TROY 146156 06/16/2011 014258 PHS/MWA MOTOR 146157 06/16/2011 014237 PICOZZI, EDWARD M 146158 06/16/2011 010958 PIPS TECHNOLOGY INC 146159 06/16/2011 001999 PITNEYBOWES 146160 06/16/2011 001999 PITNEYBOWES 146161 06/16/2011 014190 PORTO, BRADD VETTER credit:billing adj/TCSD color printer: TCSD Misc computer supplies:info tech TCSD Instructor Eamings TCSD Instructor Eamings refund:permit overpmts:B11-0246... Refund:Service Level R Equip repair & maint:police POSTAGE RATE UPDATE XX-0585:CNTRL SRVCS POSTAGE RATE UPDATE XX-2739:CNTRL SRVCS Res Improv Prog - Sanchez -538.32 4,825.20 282.75 459.37 4,569.63 590.63 1,050.00 250.20 250.20 633.92 633.92 540.00 540.00 342.57 342.57 342.57 342.57 3,350.00 3,350.00 Page:7 apChkLst Final Check List Page: 8 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146162 06/16/2011 003155 PRICE CHOPPER INC Recreation supplies:aquatics pgrm 146163 06/16/2011 004529 QUAID TEMECULA HARLEY-DAVIDSON 146164 06/16/2011 000262 RANCHO CALIF WATER DISTRICT CITYVEH REPAIR & MAINT:POLICE CITYVEH REPAIR & MAINT:POLICE May var water meters:Wolf Crk Dr N 345.83 345.83 5,722.83 1,175.07 328.77 6,897.90 May var water meters:Cal le Elenita 54.35 May var water meters:41951 Moraga 1,082.99 May var water meters:Wolf Crk Dr N 27.13 June var water meters:TCSD svc lev C 14,691.15 May var water meters:Wolf Crk Dr N 63.62 16,248.01 146165 06/16/2011 000907 RANCHO TEMECULA CAR May vehicle detailing srvcs: var.City 105.00 105.00 WASH 146166 06/16/2011 000418 RIVERSIDE CO CLERK & ntc exempt fling fee:sediment removal 64.00 64.00 RECORDER 146167 06/16/2011 000418 RIVERSIDE CO CLERK & Ntc exempt fling fee:concrete repairs 64.00 64.00 RECORDER 146168 06/16/2011 000418 RIVERSIDE CO CLERK & Ntc exemption:Citywide Crack Fill pw1104 64.00 64.00 RECORDER 146169 06/16/2011 010777 RIVERSIDE CO EXECUTIVE Oct '10- Mar' 11 SCFA expenses 2,251.93 2,251.93 OFFICE 146170 06/16/2011 000267 RIVERSIDE CO FIRE Jan -Mar '11 fire services 617,549.92 617,549.92 DEPARTMENT 146171 06/16/2011 001592 RIVERSIDE CO INFO Apr radio rentals:police/prk rngrs 1,670.57 1,670.57 TECHNOLOGY 146172 06/16/2011 000406 RIVERSIDE CO SHERIFFS Apr jail access fee 1,657.80 DEPT Apr booking fees 4,870.68 146173 06/16/2011 004375 ROBOTRONICS INC McGruff Costume Pants:Police 394.00 146174 06/16/2011 000277 S & S ARTS & CRAFTS INC Misc supplies: summer day camp 951.89 MISC SUPPLIES: CRC 873.46 6,528.48 394.00 1,825.35 146175 06/16/2011 013169 SCHINSKY, WILLIAM C. May exhibit id & cataloging:vail ranch 1,903.50 credit:amt exceeds purchase order -977.50 926.00 146176 06/16/2011 013586 SCHOW, LINDA refund:sec dep:picnic rental:RRSP 150.00 150.00 Pages apChkLst Final Check List Page: 9 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146177 06/16/2011 010089 SECURITAS SECURITY SRVCS May security srvcs:Harveston Lake Park USA 146178 06/16/2011 008529 SHERIFFS CIVIL DIV - Support Payment LO File # 2008059437 CENTRAL 146179 06/16/2011 009746 SIGNS BYTOMORROW 146180 06/16/2011 014250 SIMON, TODD C 146181 06/16/2011 014233 SLUSSER, ANGELITA 146182 06/16/2011 000645 SMART & FINAL INC 146183 06/16/2011 003002 SMOOTHILL SPORTS DISTRIBUTORS Public ntc pstg srvc xx-0134:PIanning Public ntc pstg srvc xx-0176:PIanning Public ntc pstg srvc xx-0002:PIanning Public ntc pstg srvc xx-0187:PIanning Public ntc pstg srvc xx-0186:PIanning Public ntc pstg srvc xx-0246:PIanning Public ntc pstg srvc xx-0050:PIanning Public ntc pstg srvc xx-0010:PIanning Public ntc pstg srvc xx-0309:PIanning Public ntc pstg srvc xx-0192:PIanning Public ntc pstg srvc xx-0072:PIanning Public ntc pstg srvc xx-0176:PIanning Public ntc pstg srvc xx-0133:PIanning Public ntc pstg srvc xx-0281:Planning Public ntc pstg srvc xx-0190:PIanning Public ntc pstg srvc xx-0189:PIanning Public ntc pstg srvc xx-0188:PIanning Public ntc pstg srvc xx-0049:PIanning Public ntc pstg srvc xx-0010:PIanning Public ntc pstg srvc xx-0048:PIanning Public ntc pstg srvc xx-0047:PIanning Public ntc pstg srvc xx-0046:PIanning Public ntc pstg srvc xx-0044:PIanning Public ntc pstg srvc xx-0191:Planning Public ntc pstg srvc xx-0004:PIanning Public ntc pstg srvc xx-0326:PIanning Refund:Service Level R refund:sec dep:rm rental:CRC RECREATION SUPPLIES:JUNIOR LIFEGUARD PRG Recreation supplies: skate park 917.35 917.35 200.00 200.00 148.50 214.30 148.50 148.50 148.50 297.00 148.50 297.00 148.50 148.50 148.50 54.65 148.50 297.00 148.50 148.50 148.50 148.50 109.30 148.50 148.50 148.50 148.50 148.50 148.50 218.60 4,309.35 633.92 633.92 250.00 250.00 215.47 215.47 1,306.95 1,306.95 Page9 apChkLst Final Check List Page: 10 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146184 06/16/2011 000537 SO CALIF EDISON 146185 06/16/2011 002503 SOUTH COAST AIR QUALITY Description Amount Paid Check Total May 2-31-693-9784:26036 Ynez TCI May 2-28-171-2620:40820 Winchester May 2-05-791-8807:31587 Tem pkwy May 2-31-031-2590:28301 Rncho Cal May 2-01-202-7603:Arterial STLT May 2-31-419-2659:26706 Ynez TCI May 2-29-974-7899:26953 Ynez LS3 May 2-29-974-7568:26953 Ynez TCI May 2-30-608-9384:28582 Harveston May 2-30-066-2889:30051 Rancho vista May 2-29-479-2981:31454 Tem pkwy May 2-26-887-0789:40233 Vlg Rd PED May 2-00-397-5059:Comm Svc Utl May 2-02-351-5281:TCSD:CRC May 2-20-798-3248:42081 Main St June 2-01-202-7330:various LS -1 allnite water heater permit xx9027:TES Pool water heater permit xx1685:Civic Cntr water heater permit xx1686:Civic Cntr 146186 06/16/2011 000519 SOUTH COUNTY PEST Pest control services: o.a.t.c. CONTROL INC 406.12 796.43 11,428.51 36.35 28,693.14 78.44 254.77 129.38 484.35 21.84 103.64 1,807.19 8,666.90 4,566.91 1,079.59 78,313.48 167.15 167.15 167.15 48.00 136,867.04 501.45 Pest control services: fire stn 92 42.00 Pest control services: fire stn 73 48.00 May pest control srvcs:city fac's 709.00 847.00 146187 06/16/2011 002366 STEAM SUPERIOR CARPET 5/23-5/27 carpet cleaning srvcs: foc 300.00 CLEANING 5/31-6/3 carpet cleaning srvcs: foc 240.00 540.00 146188 06/16/2011 008508 STEED, JACQUELINE promotional items:Econ Dev 814.80 814.80 146189 06/16/2011 006145 STENO SOLUTIONS May transcription srvcs:Police 317.80 317.80 TRANSCRIPTION 146190 06/16/2011 014247 STOKES, WILLIAM LADD & JILL Refund:Service Level R 633.92 633.92 MARIE 146191 06/16/2011 009811 SUNNY HILLS TOWING Towing Services: Police 170.00 170.00 LOWBED SRVC 146192 06/16/2011 014248 TANG, FRANK Q & KAM W Refund:Service Level R 316.98 316.98 Page:10 apChkLst Final Check List Page: 11 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146193 06/16/2011 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total RECREATION SUPPLIES: CRC 240.70 MISC SUPPLIES:MOTHER'S DAYTEA MISC SUPPLIES:HIGH HOPES PRGM MISC SUPPLIES:AQUATICS PGRM MISC SUPPLIES: CHILDREN'S MUSEUM Hospitality supplies: Theater Misc supplies:F/D Date Night MISC SUPPLIES:SKATE PARK MISC SUPPLIES:TINY TOTS PRGM RECREATION SUPPLIES: CRC MISC SUPPLIES:AQUATICS PGRM MISC SUPPLIES: MPSC RECREATION SUPPLIES: CRC 146194 06/16/2011 012265 TEMECULA ACE HARDWARE HARDWARE SUPPLIES:VAR PARK C/O SITES 51.12 68.33 269.01 236.02 40.16 74.27 127.72 64.86 204.50 54.51 95.50 371.84 1,898.54 29.36 29.36 146195 06/16/2011 000168 TEMECULA FLOWER CORRAL Sunshine Fund 6846 68.46 146196 06/16/2011 003677 TEMECULA MOTORSPORTS CITY VEHICLE REPAIR & 6647 LLC MAINT:POLICE CITYVEHICLE REPAIR & MAINT:POLICE 70.63 CITYVEHICLE REPAIR & MAINT:POLICE 6647 CITYVEHICLE REPAIR & MAINT:POLICE 346.48 CITYVEHICLE REPAIR & MAINT:POLICE 370.65 CITYVEHICLE REPAIR & MAINT:POLICE 370.65 1,291.35 146197 06/16/2011 011736 TEMECULA TROPHY INC RECOGNITION AWARDS:YOUTH 412.05 412.05 COURT PGRM 146198 06/16/2011 000314 TEMECULA VALLEY MUSEUM Museum volunteer recognition 11/21 INC 146199 06/16/2011 000306 TEMECULA VALLEY PIPE & Irrigation/plumbing supplies:var parks SUPPLY 146200 06/16/2011 004274 TEMECULA VALLEY SECURITY Locksmith services: various park sites CENTR 451.16 6.09 130.01 451.16 6.09 Locksmith services: various park sites 10.00 Locksmith srvcs: civic center 250.91 390.92 146201 06/16/2011 010276 TIME WARNER CABLE June high speed intemet:Fire Stn #92 44.95 44.95 146202 06/16/2011 000319 TOMARK SPORTS INC Misc equip: sports pgrm 3,935.34 3,935.34 146203 06/16/2011 013474 TOWN & COUNTRY TOWING Towing Services: Police 300.00 300.00 Pagel 1 apChkLst Final Check List Page: 12 06/16/2011 2:27:02PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146204 06/16/2011 013084 TRI STATE PUMP INC 146205 06/16/2011 004759 TWIN GRAPHICS 146206 06/16/2011 012549 UPODIUM 146207 06/16/2011 004261 VERIZON 146208 06/16/2011 004789 VERIZON ONLINE 146209 06/16/2011 004848 VERIZON SELECT SERVICES INC Description Amount Paid Check Total Facility repair:harveston park 3,163.00 3,163.00 Graphics: City Police Vehicle Units 570.94 Graphics: City Police Vehicle Units 732.81 1,303.75 VEHICLE MAINT: STA 12 180.53 Vehicle maintenance: Sta 84 156.32 336.85 June xxx-3910 gen usage:1st St Irrig 40.29 June xxx-7562 gen usage:Irdg contdlr 39.12 June xxx-2372 gen usage:Wolf crk pk 36.89 June xxx-0682 gen usage:OT sound sys 82.11 June xxx-5180 gen usage:79S Irdg ctr 40.29 June xxx-0590 gen usage:TCC Alarm 82.46 June xxx-7530 gen usage:Library 371.90 June xxx-9661 general usage 40.29 June xxx-1941 gen usage:pta cd ttacsd 36.99 June xxx-1341 gen usage:Theater 429.19 1,199.53 May SW DSL:PD:Jones, C. 39.95 June Internet svcs:Theater 134.99 174.94 May long distance phone svcs 18.83 18.83 146210 06/16/2011 003730 WEST COAST ARBORISTS INC TREE TRIMMING SRVCS: VILLAGES 960.00 Tree removal/maint srvcs: vineyards/prks 6,960.00 TREE TRIMMING SRVCS:PW MAINTENAI 17,000.00 24,920.00 146211 06/16/2011 000621 WESTERN RIVERSIDE May' 11 TUMF Payment 219,865.11 219,865.11 COUNCIL OF 146212 06/16/2011 014252 WINGSWEEP CORPORATION Refund:Service Level R 86.42 86.42 146213 06/16/2011 006290 WOODCREST VEHICLE CENTER City vehicle repair & maint:police City vehicle repair & maint:police 30.00 149.61 179.61 Grand total for UNION BANK OF CALIFORNIA: 2,136,236.45 Page:12 apChkLst Final Check List Page: 13 06/16/2011 2:27:02PM CITY OF TEMECULA 151 checks in this report. Grand Total All Checks. 2,136,236.45 Page:13 Item No. 4 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: June 28, 2011 SUBJECT: Trustee/Fiscal Agent Services for Fiscal Year 2011-12 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council approve the expenditure of $45,310 for fiscal year 2011-12 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), Tax Allocation Bonds (TABs), and Certificates of Participation (COPs). BACKGROUND: The City of Temecula has five existing Community Facilities Districts and one Assessment District: ➢ CFD 01-2 (Harveston) ➢ CFD 03-1 (Crowne Hill) ➢ CFD 03-2 (Roripaugh Ranch) ➢ CFD 03-3 (Wolf Creek) ➢ CFD 03-6 (Harveston II) ➢ AD 03-4 (John Warner Road) Additionally, the Redevelopment Agency has issued TABs, and the Temecula Community Services District and the City of Temecula have issued COPs. Arbitrage calculations will be performed in the coming year for CFD 01-2 Harveston bond and RDA 2006 Series B bonds. During formation of each of these bond issues, a Fiscal Agent Agreement, Trust Agreement or Indenture of Trust was executed with U.S. Bank to remain in effect for the duration of the financing. Services provided by the trustee/fiscal agent include establishing and holding accounts (such as the special tax fund, improvement fund, reserve fund, and administrative fund), transferring funds between accounts to pay debt service, disbursing funds to the City upon receipt of draw requests, dissemination of annual disclosure information for both the developer and City as bond issuer, and arbitrage monitoring and reporting. FISCAL IMPACT: Funds to pay the CFD/AD portion of the trustee/fiscal agent services are included in the annual special tax levies and budgets for each of the Districts to finance their respective share of the services. The trustee/fiscal agent service for the Redevelopment Agency (RDA) TABs has been budgeted to be paid from the RDA Debt Service Fund. The trustee/fiscal agent services for the 2001 COPs and 2008 COPs have been budgeted to be paid from their respective debt service funds. ATTACHMENTS: U.S. Bank Schedule of Fees for FY 2011-12 CITY OF TEMECULA U.S. BANK SCHEDULE OF FEES FOR FY 2011-12 BOND ISSUE CFD No. 03-03 (Wolf Creek) CFD No. 03-06 (Harveston II) CFD No. 03-02 (Roripaugh) CFD No. 01-2 (Harveston I) CFD No. 03-1 03 A (Crowne Hill) CFD No. 03-1 05 B (Crowne Hill) AD No. 03-04 (John Warner) 2001 COP 2002 RDA 2006 Series A RDA 2006 Series B RDA 2007 RDA 2008 COP 2010 RDA Series A & B 2011 RDA SeriesA&B TOTAL FY 2011-12 ESTIMATED FEES $3,800.00 $2,750.00 $1,850.00 $5,350.00 $3,150.00 $2,150.00 $925.00 $19,975.00 $3, 850.00 $3,850.00 $1,925.00 $4,900.00 $2,475.00 $2,725.00 $3,550.00 $2, 060.00 $25,335.00 $45,310.00 Item No. 5 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 28, 2011 SUBJECT: Site Access for Research Agreement within the Roripaugh Ranch Preserve PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council approve the Agreement between the City of Temecula and the Regional Conservation Authority. BACKGROUND: The Roripaugh Ranch development is an 805 acre Specific Plan located in the northeastern section of the City of Temecula. Roripaugh Ranch was approved in 2003 for the development of 2,015 homes, two public parks, two public schools, a fire station 15 acres for commercial purposes and 201 acres of permanent open space preserve. In July, 2003 the City accepted the dedication of four parcels that form the 201 acres known as the Roripaugh Ranch Preserve. The Roripaugh Ranch Preserve serves as the gateway to over 2,000 acres of open space in Riverside County including Johnson Ranch. In 2004, the Western Riverside Regional Conservation Authority (RCA) was established to implement the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) to protect 146 native species of plants and animals. The cost of overseeing the preserves is funded by Assessment District 161 and RCA has contracted with the Center for Natural Lands Management (CNLM) for the purpose of conduction species and habitat monitoring and testing of the monitoring methodology. The "Site Access for Research Agreement" grants RCA and CNLM access to the 201 acre Roripaugh Ranch Preserve area for the research and monitoring required by the MSHCP. This agreement shall be in effect for a term of three years through August 31, 2013. The agreement shall automatically renew on each third year anniversary for up to four additional three-year terms for a cumulative term of 15 years. All costs for the services provide by RCA and or CNLM are paid from AD 161. FISCAL IMPACT: Approving this agreement only authorizes access to Roripaugh Ranch Preserve and has no fiscal impact to the City of Temecula. ATTACHMENTS: Site Access for Research Agreement SITE ACCESS FOR RESEARCH AGREEMENT Access Grant to Western Riverside Regional Conservation Authority to Conduct Defined Research Under the terms and conditions of this SITE ACCESS FOR RESEARCH AGREEMENT ("Agreement"), City of Temecula ("Temecula" or "Landowner") hereby grants to Western Riverside Regional Conservation Authority ("RCA") access to enter certain property owned by Landowner and managed by CNLM for the purpose of conducting species and habitat monitoring and testing of monitoring methodology. RECITALS A. CNLM is a nonprofit organization dedicated to the preservation of habitat through effective long-term stewardship. B. RCA was created in 2004 to implement the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), protecting 146 native species of plants and animals and preserving a half million acres of their habitat. While reserve acquisition in RCA's core activity, RCA must also monitor development or "habitat -loss" within the MSHCP, review applications for infrastructure or development projects by public agencies and other regional entities like electric and gas utilities, monitor the species being protected, and manage the lands it acquires ("Research"). C. CNLM is habitat manager of certain real property in Riverside County, California identified as S015 Roripaugh Ranch Preserve owned by Temecula ("Preserve"). A map is attached as Exhibit A. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, Landowner and RCA hereby agree as follows: 1. Purpose. The purpose of this Agreement is to define the terms and conditions under which RCA will be granted site access to the Preserve for conducting the Research, as described in Exhibits B attached. During the term of this Agreement, it is the intent of the Landowner that RCA shall submit to CNLM, the designated coordinator for the Landowner, for review and comment a series of species/habitat specific descriptions of proposed research projects, each consistent with MSHCP requirements, RCA intends to conduct on the Preserve. Such research projects shall be submitted in writing to CNLM for review and approval at least thirty (30) days prior to Western Riverside Regional Conservation Authority SITE ACCESS AGREEMENT FOR RESEARCH Page 1 of 10 26493.00195\5748641.2 the first date of intended access to the Preserve. CNLM, as the manager for the Preserve with responsibilities to prevent negative impacts to protected species or habitat, will not unreasonably refuse to cooperate or to allow RCA to conduct the intended monitoring. 2. Effective Date. This Agreement will be effective on the date on which all three parties have executed this Agreement ("Effective Date"). 3. Term. This Agreement shall be in effect for a term of three (3) years from September 1, 2010 ("Commencement Date") through August 31, 2013. This Agreement shall automatically renew on each third year anniversary of the Commencement Date for up to four (4) additional three-year terms (i.e., a cumulative term for fifteen (15) years), under the same terms and conditions, unless terminated by RCA, CNLM or the Landowner with 30 days written notice to the other Parties. The term may be further extended by the Parties in writing. 4. Fee. Landowner is imposing no financial requirements on RCA. 5. Notice. Prior to any entry onto the Preserve, RCA shall give CNLM reasonable notice, at a minimum of seven (7) days or as provided otherwise in Exhibit B, of its intention to enter the Preserve. Unless otherwise provided herein, such notice shall be to the Preserve Manager. Alternatively, Preserve Manager and RCA may agree in advance to an access schedule to the Preserve. 6. Access. Access onto the Preserve shall be limited to individuals, equipment, and materials, the presence of which on the Preserve is necessary in order to conduct the Research. This Agreement does not grant RCA the right to undertake any activity on the Preserve which will in any way interfere with activities being conducted on the Preserve by CNLM or at its direction. Special access conditions, if any, are detailed in Exhibit C, attached. 7. Acknowledgements and Research Reports/Publications. RCA agrees to formally acknowledge CNLM contributions to Research, including the use of Preserve, intellectual contributions by CNLM employees, and other CNLM assistance, in any reports or publications that arise from Research. RCA further agrees to provide CNLM in a timely fashion a copy of RCA's publications published as a result of the Research, including any thesis or dissertation derived from said Research. RCA shall submit publications published as a result of the Research relating to the Landowner's property to the Landowner upon request. 8. Special Provisions and Conditions. Special provisions and conditions, if any, imposed upon and agreed to by RCA, are described in Exhibit D, attached. 9. Non -Interference. RCA shall use its best efforts to avoid interfering in any way with the activities being conducted on the Preserve by CNLM. RCA shall immediately halt any and all activities on the Preserve at the request of CNLM if CNLM determines that any activity is (a) being conducted in violation of this Agreement, (b) 26493.00195\5748641.2 Page 2 of 10 inconsistent with or not covered by this Agreement, or (c) likely to negatively impact the native species, habitat, or environmental values of the Preserve as determined by CNLM. 10. Conduct of Activities. RCA will conduct Research in compliance with all Federal, state, and local laws, ordinances, and orders including, without limitation, any permit, notice, approval requirements or deed restrictions. 11. Habitat Protection and Damage. RCA agrees that (a) it is responsible for any and all damage or destruction it causes to the Preserve, Preserve species and habitat, and/or Landowner property (including fences, gates, signage, roads, and trails); (b) no trash or discarded material will be left on the Preserve at any time by RCA; (c) no exotic or non -local native species will be introduced into the Preserve; and (d) all equipment, stakes, temporary fences, enclosures, and similar materials will be completely removed from the Preserve at the conclusion of each research period/season and the Research. 12. Responsibility and Accountability. a. RCA shall have full and sole responsibility for the safety of any of its agents, and contractors, and for the operation, safety, security, and proper handling of all equipment and materials brought on or about the Preserve. Each party shall hold harmless, indemnify, and defend the other party and its directors, officers, employees, agents, and invitees (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgment, including without limitation, reasonable attorneys' fees (collectively "Claims"), arising from or in any way connected with this Agreement including, without limitation, Claims for injury to or the death of any person, or physical damages to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Preserve, but only in proportion to and to the extent that such Claims arise from the negligent or intentional acts or omissions of indemnifying party, its officers, agents, contractors or employees. b. RCA agrees that all individuals participating in Research on the Preserve will be under its direct supervision and are subject to the terms and conditions of this Agreement. c. RCA shall maintain a copy of this Agreement and other supporting authorizations and permits on its person at all times while on the Preserve and shall present same to CNLM employees or agents, Landowner (if different), and other authorities (including law enforcement and resource agency officials), when requested. 26493.00195\5 748641.2 Page 3 of 10 13. Notices. All notices to be given under this Agreement shall be in writing and addressed to the recipient as set forth below: Center for Natural Lands Management 215 West Ash Street Fallbrook, CA 92028-2960 Attn: Executive Director Telephone: (760) 731-7790 Dr. Deborah L Rogers Director of Conservation Science Telephone: (510) 799-7653 Email: drogers@cnlm.org Ms. Kim Klementowski Preserve Manager Telephone: (951) 226-7228 Email: kklementowski@cnlm.org Western Riverside County Regional Conservation Authority Riverside Centre Building 3403 10th Street, Suite 320 Riverside, CA 92501 Telephone: (951) 955-9700 City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92589-9033 Attn: Robert Johnson, Asst City Manager Telephone: (951) 694-6400 All notices shall be deemed effectively given: (a) when delivered, if delivered personally or by couriered mail service (such as, for example only, Federal Express or DHL); (b) five (5) days after such notice has been deposited in the United States mail postage prepaid, if mailed certified or registered U.S. mail, return receipt requested; or (c) when received by the party for which notice is intended if given in any other manner. In an emergency, contact all other parties immediately. 14. General Provisions. a. Applicable Law. The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed and interpreted in accordance with the laws of the State of California. b. Nonwaiver. No provision of this Agreement shall be waived, by conduct or otherwise, except in writing signed by both parties. No assent or waiver whether expressed or implied, of any breach of any one or more of the covenants, conditions, or provisions set forth in this Agreement shall be deemed to be a waiver of 26493.00195\5748641.2 Page 4 of 10 any subsequent breach of the same or any other covenant, condition, or provision hereof. c. Severability. If any provision of this Agreement shall be adjudged invalid by any court, the remaining provisions of this Agreement shall remain valid and enforced to the full extent permitted by law. d. Authority. The individuals signing this Agreement represent that they are authorized to execute this document, that their execution of this document shall be binding on the parties that they represent, and that the other party hereto may rely upon such representation. e. Integrated Agreement. This Agreement, including all Exhibits attached hereto, contains the entire understanding and agreement between the parties, sets forth all the rights and duties of the parties with respect to the subject matter hereof, and replaces and supersedes all previous agreements or understandings, whether written or oral, relating thereto. No modification of this Agreement or any of its terms shall be effective unless in writing and signed by the duly authorized representatives of the parties. f. Cancellation. All parties individually reserve the right to terminate this Agreement as it relates to them, in whole or in part, with thirty (30) days prior written notice if it determines it to be in the best interest of such party. g. Counterparts The parties may execute this instrument in two counterparts, which shall, in the aggregate, be signed by CNLM and Project Proponent; each counterpart shall be deemed an original instrument as against any party who signed it. The terms and conditions incorporated herein are a material part of this Agreement. The parties have read and fully understand each and all of the terms and conditions set forth above. 26493.00195\5748641.2 [SIGNATURE PAGE TO FOLLOW] Page 5 of 10 SIGNATURE PAGE FOR THE SITE ACCESS FOR RESEARCH AGREEMENT BETWEEN AND AMONG THE CITY OF TEMECULA, THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND THE CENTER FOR NATURAL LANDS MANAGEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Center for Natural Lands Management David R. Brunner Executive Director Date: City of Temecula Print Name: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney 26493.00195\5748641.2 West n Riverside Regional Cons bio Aut brity Chjfl s V. Landryy- Apl?roved as t .tF Best Best & Krie • er LLP Page 6 of 10 26493.0019515748641.2 EXHIBIT A Map of Johnson/Roripaugh Ranch Preserve Page 7 of 10 1 v• -N, . �. • i ei fir'.. i •.:, ,1 ,rte;w I. - • ., A 41 • •.'I` •y y r Vt.s1� c l i •. ' ~� to G4 10 Feet Iona ement ii....e.1 lk+'� �` i 'i • 4460001 '` APN 96446001 ti i? 1 tile, � r ` — . ti! oma ,: i `,; ' y,. J i . rrm j, Y 1,400 zde County 26493.00195\5748641.2 EXHIBIT B Research Description Page 8 of 10 EXHIBIT B RESEARCH USE APPLICATION for Lands Owned or Managed by Center for Natural Lands Management Pertaining to the Western Riverside County Regional Conservation Authority SARA (June 21, 2010) Please submit completed application at least one month prior to proposed state date to: Center for Natural Lands Management, 215 West Ash Street, Fallbrook, CA 92028; ph/fax: (951) 226-7228, or kklementowski@cnIm.org. The application will be evaluated using the following considerations: Potential impacts to natural systems; potential impacts to present or future long-term use of CNLM lands for research purposes; compliance with state and federal law and any stated research policies; scientific merit and feasibility; and potential conflicts with on-going research. Current Date: APPLICANT INFORMATION: Applicant Name: Job Title: Telephone: Email: TITLE OF RESEARCH: PROJECT DURATION DATES: Begin: Month/Year End: Month/Year: REQUESTED ARRIVAL AND DEPARTURE DATES: Provide the name of the CNLM Preserve you intend to visit, exact dates of use requested, if you cannot provide exact dates, please provide an estimation of the frequency of visits. DETAILS OF RESEARCH PROJECT: Must append to this application, and include details of the following: • What species and/or habitats you intend to study. • Where you want to conduct the research on CNLM lands (identify on map). • Provide a detailed description of the study methodology for EACH species to be studied. • Please clearly state the hypothesis or goal of the research and the proposed methodology. Failure to comply with the regulations, any special limitations, or unnecessary damage to roads or other resources may result in the revocation of privileges or access. I have read and agree to comply with the CNLM Special Access Conditions rules as listed in the 2010 Site Access for Research Agreement (SARA) with the RCA and any specific terms and conditions appended to this application. Applicant's Signature Preserve Manager Approval Date Date EXHIBIT C Access Special Conditions 1 The. Primary Researcher and every other person working with that researcher (e.g., paid assistants, graduate students, or volunteers) are required to sign a liability waiver. 2. Always mark vehicle with affiliation, either with dashboard ID or logo on vehicle. 3. The speed limit on the Preserve is 15 mph. 4. Email and/or call at least 24 hours in advance of survey to the following individual: Kim Klementowski, Preserve Manager at kklementowski@cnlm.org or (951)733-9159 (mobile). 5. Gates should be kept locked at all times. 6. No permanent plot or transect markers shall be left on the Preserve. It is permissible to leave markers for the sampling season, but submit a detailed description of the markers to CNLM. All markers must be removed from the Preserve at the last sampling visit. 26493.00195\5748641.2 Page 9 of 10 EXHIBIT D Special Provisions and Conditions As a courtesy to the habitat steward, we request that the RCA and Research Assistants assist in removing garbage from the Preserve and alerting CNLM to any vandalism, trespass, or cut fences as soon as reasonably possible The following activities or conditions will be prohibited on the Preserve: X Pets X Fires 26493.00195\5748641.2 Page 10 of 10 Item No. 6 Approvals City Attorney Director of Finance City ManagerOtoL "Ref— fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: June 28, 2011 SUBJECT: Agreements for Plan Review Services for Fiscal Year 2011-2012 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve the following three (3) Agreements with for Plan Review Services for a total amount of $100,000. 1. Agreement with Bureau Veritas in the amount of $33,334 2. Agreement with Esgil Corporation in the amount of $33,334 3. Agreement with Tom Haney in the amount of $33,332 BACKGROUND: The City of Temecula Building and Safety Department has utilized outside plan review consulting services since inception to assist with the level of plan review services required. Plan review services include accurate code interpretation, review of construction plans for all applicable code disciplines, and identification of areas of noncompliance. On April 29, 2010, the City of Temecula issued a Request for Proposal (RFP) for Plan Review Services. Eleven (11) firms responded to the RFP and were evaluated by a panel for completeness, experience, and ability to provide services to the city. The Plan Review Consulting firms of Bureau Veritas, Esgil Corporation and Tom Haney were determined to be the top three (3) most competitively priced and qualified proponants, and have been recommended to perform plan review services for the Building and Safety Department on a rotational basis. FISCAL IMPACT: Sufficient funds have been budgeted in the Building and Safety's 2011-2012 Budget line item 001.162.999.5248, Consulting Services. ATTACHMENTS: Agreements AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BUREAU VERITAS, INC PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Bureau Veritas, Inc, a Corporation (hereinafter referred to as "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, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Thirty Three Thousand Three Hundred Thirty -Four Dollars ($33,334) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Bureau Veritas, Inc Attn: Sid Danandeh 1181 California Ave, Suite 202 Corona, CA 92881 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Bureau Veritas, Inc (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Isam Hasenin, Vice President Susan W. Jones, MMC, City Clerk Pete Guisasola, Director of Municipal Code Compliance APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Bureau Veritas, Inc Attn: Sid Danandeh 1181 California Ave, Suite 202 Corona, CA 92881 951-493-1060 Phone 951-493-4161 Fax Sid.Danandehus.bureauveritas.com EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PLAN REVIEW SERVICES SCOPE OF WORK 1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant. 2. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including any amendments to the Temecula Municipal Code: California Building Code (CBC) California Plumbing Code (CPC) California Mechanical Code (CMC) California Fire Code (CFC) California Residential Code (CRC) 2008 California Building Energy Efficient Standards (CBES) Energy Conservation Disabled Access 3. Consultant shall provide plan correction lists to the City who will provide them to the applicant. 4. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City. 5. Plan Review turn -around times shall be no more than 10-12 business days for new submittals and 5-7 business days for re -submittals. 6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e- mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail, telephone, fax or in Consultant's main office regarding any discretionary code issues. 8. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule). 9. Perform extra work when requested in writing by the City including accelerated plan review on an as -needed basis. 10. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. EXHIBIT B Payment Rates and Schedule Bureau Veritas will provide complete Building Plan Check Services at N% of the City of Temecula's collected Plan Check Fee. Building Plan Checks for all Occupancy Groups except Residential below the minimum threshold in the Fee Table will be at the rate of $100/hour. Residential Plan Checks below the Fee Table threshold will be at the rate of $75/hour. Services include first review and all subsequent reviews up to and Including approval of the plans. Revisions to approved plans will be assessed at the hourly rates listed below Plan pickup and delivery shall bo part of the plan review services and will be included in the fees above. Plans will be picked up from the City within 24 hours of receipt of notification. We will also provide, special RQNices using the submitted hourly rate schedule updated annually, when requested by the City. Hourly rates as shown in the schedule below will also be charged for additional services that may be desired by the City including inspection services. Personnel Charges (for optional services requested by the City) Staff Levet Classifications Hourly Billing Rote* Plan Review Engineer $100 Certified Plans Examiner $75 Fire Plans Examiner $85 CASp Specialist $85 Certified Inspector $59 Clerical Support $59 Expedited Plan Review: Expedited plan review can be completed when requested by the City. These plans will be completed at reduced plan review turnaround times and will be charged at an increased rate to be determined by the City, Hureau Veritas and the applicant Professional Reimbursement: The hourly billing rates include the cost of salaries of the Bureau Verilas employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as "non-exempt" by the U.S. Department of Labor will be Compensated at 1-1/2 times salary, as per State and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. No overtime will be charged without prior consent from the City. Direct Expenses: Reimbursement for direct expenses, as fisted below, incurred in connection wilt" the work, will be at cost plus fifteen percent (15%) for items such as: a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rerrted vehicles, local public transportation and taxis, travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work, Mileage will be reimbursed at the current IRS rate. Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company rates. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective July 1, 2011 through June 30, 2012, and may be adjusted thereafter with consultation with the City. AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ESGIL CORPORATION PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Esgil Corportaion, a Corporation (hereinafter referred to as "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, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Thirty Three Thousand Three Hundred Thirty -Four Dollars ($33,334) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Dr, Suite 208 San Diego, CA 92123 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Esgil Corporation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Kurt Culver, President Chuck Mendenhall, Vice President Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Dr, Suite 208 San Diego, CA 92123 858-560-1468 Phone 858-560-1576 Fax EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PLAN REVIEW SERVICES SCOPE OF WORK 1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant. 2. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including any amendments to the Temecula Municipal Code: California Building Code (CBC) California Plumbing Code (CPC) California Mechanical Code (CMC) California Fire Code (CFC) California Residential Code (CRC) 2008 California Building Energy Efficient Standards (CBES) Energy Conservation Disabled Access 3. Consultant shall provide plan correction lists to the City who will provide them to the applicant. 4. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City. 5. Plan Review turn -around times shall be no more than 10-12 business days for new submittals and 5-7 business days for re -submittals. 6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e- mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail, telephone, fax or in Consultant's main office regarding any discretionary code issues. 8. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule). 9. Perform extra work when requested in writing by the City including accelerated plan review on an as -needed basis. 10. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. EXHIBIT B Payment Rates and Schedule COMPENSATION FOR PLAN REVIEW SERVICES 1 The compensation paid by the City to the Consultant for each plan review shall be 60% of the "Plan Check Fee" collected by the City. Compensation for structural -only plan reviews is reduced to 35% of the "Plan Check Fee" collected by the City. The single fee includes all rechecks, plan check conferences at Consultant's office, reviewing plans that are initially found to be incomplete and for the transmitting of plans back to the jurisdiction. 2. Compensation for revisions shall be calculated either the same as the percentage of plan review fee or shall be based on Consultant's current Labor Rates Schedule*. The method of calculating compensation for each such plan reviewed shall be as agreed to by the Building Official and Consultant. 3. Compensation for work performed accelerated, extra work and meetings shall be based on the attached Consultant's Labor Rates Schedule as modified each year. LABOR RATES SCHEDULE CLASSIFICATION HOURLY RATE Division Manager $ 118.65 Supervising Structural Engineer 112.00 CASp Certified Access Examiner 98.00 LEED Certified Plans Examiner 98.00 Structural Engineer 98.00 Civil Engineer 87.15 Electrical Engineer 87.15 Fire Protection Engineer 87.15 Energy Plans Examiner 87.15 Mechanical Engineer 87.15 Supervising Building inspector 78.75 I.C.C. Plans Examiner 74.55 Building Inspector 67.20 Permit Specialist/Counter Tech 60.90 Clerical Support 28.35 (Rates are subject to change every year) AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND TOM HANEY PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Tom Haney, a Sole Proprietor (hereinafter referred to as "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, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Thirty Three Thousand Three Hundred Thirty -Two Dollars ($33,332) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Tom Haney 2852 Colgate Drive Oceanside, CA 92056 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Tom Haney (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Tom Haney, Owner Peter M. Thorson, City Attorney CONSULTANT Tom Haney 2852 Colgate Drive Oceanside, CA 92056 623-606-7701 Cell FSM Initials: Date: Ce EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PLAN REVIEW SERVICES SCOPE OF WORK 1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant. 2. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including any amendments to the Temecula Municipal Code: California Building Code (CBC) California Plumbing Code (CPC) California Mechanical Code (CMC) California Fire Code (CFC) California Residential Code (CRC) 2008 California Building Energy Efficient Standards (CBES) Energy Conservation Disabled Access 3. Consultant shall provide plan correction lists to the City who will provide them to the applicant. 4. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City. 5. Plan Review turn -around times shall be no more than 10-12 business days for new submittals and 5-7 business days for re -submittals. 6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e-mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail, telephone, fax or in Consultant's main office regarding any discretionary code issues. 8. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule). 9. Perform extra work when requested in writing by the City including accelerated plan review on an as -needed basis. 10. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. EXHIBIT B Payment Rates and Schedule Percentage - Fees for comprehensive plan reviews performed at Tom Haney offices, will be equal to fifty percent (50%) of the project plan review as calculated by the jurisdiction. The city of Temecula will provide Tom Haney with the calculated plan review fees (project -by project) for use in calculating Tom Haney fees. The above fee covers all services associated with the typical plan review including: • Pick up and delivery of design documents from the City of Temecula • Pre -application, pre -construction or additional meeting attendance for unusual and complex projects or as deemed necessary by the Building Official. Hourly Rate - Fees for services where percentage are not applicable; services exceeding the normal plan review scope; or special projects will be charged at the hourly rate of fifty-five dollars ($55.00) Miscellaneous Building Safety Fees - Tom Haney shall when authorized by the Building Official perform additional Building Safety services or functions as requested or directed. For miscellaneous Building Safety services performed Tom Haney shall be compensated at the Hourly Rate stated above, or at a fixed fee. Either option shall be negotiated and mutually agreed upon prior to commencement of services. Item No. 7 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 28, 2011 SUBJECT: Agreements for Landscape Plan Check and Inspection Services for Fiscal Year 2011-2012 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve an agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2011-2012 in the amount of $90,000. BACKGROUND: The Community Development Department's Planning Division has, for the past seventeen years, utilized the services of a landscape architecural firm to provide plan check and inspection services. The Planning Department requires the services of a licensed Landscape Architect for their expertise in utitization of appropriate plant types to be used in our climatic region, for calculaton of project site landscape water budget, and irrigation system design. The licensed Landscape Architect is also utilitzed for their professional inspection of irrigation line installation, pressure testing of the irrigation system, irrigation head coverage and plant installation. On May 3, 2010 the City of Temecula issued a Request for Proposal (RFP) for Landscape Plan Check and Inspection Services. Seven (7) landscape architectural firms responded to the RFP. A panel reviewed the submittal for completeness, experience and ability to provide services for the City. The landscape architectural firm of Blanca Y. Price was determined to be the most competitively priced and qualified proponent, and was recommended to perform landscape plan check and inspection services for the Planning Department. FISCAL IMPACT: Adequate funds have been included in the FY 2011-12 Planning Department's line item 001.161.999.5250, Other Outside Services. All consultant fees will be paid by applicants and depostied into the City's Genreal Fund in accordance with the approved fee schedule shown in Exhibit "B" of the agreement. ATTACHMENTS: Agreement for Landscape Plan Check and Inspection Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BLANCA Y PRICE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Blanca Y. Price, a, Sole Proprietor (hereinafter referred to as "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, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Ninety Thousand Dollars ($90,000) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Blanca Y Price 39140 Del Sol Court Murrieta, Ca 92562 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Blanca Y. Price (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Blanca Y. Price, Owner Peter M. Thorson, City Attorney CONSULTANT Blanca Y Price 39140 Del Sol Court Murrieta, CA 92562 951-837-3432 phone Blanca rice cimail.com FSM Initial Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SCOPE OF WORK FOR BLANCA Y. PRICE There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the Development Review Committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval formulated by staff and the Planning Commission. Three landscape inspections will be performed on site. The first is to verify that all irrigation as been installed according to plans and specifications. The second is to verify that the planting and irrigation have been installed and running according to plans and specifications. The third is a bond release inspection which occurs no less than a year from the final approval of the project installation. Development Review Committee Review — Plans submitted by the applicant at this stage are Conceptual 1. The Consultant will pick up the plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations will be made available to the Consultant to assure that landscaping is compatible with the architecture and appropriate for the proposed grading. 2. The Consultant may be required to meet with the project planner to discuss the project or visit the site prior to beginning the review. This option will be left up to the individual planner. 3. The Consultant will review the plans to verify consistency with the City Development Code, other Ordinances and the Citywide Design Guidelines. A site visit may be necessary to become familiar with the site and surrounding area. Two sets of plans will be redlined with comments notifying the applicant of necessary revisions to bring the plans into conformance with the City requirements. One redlined plan set is for the Consultants reference. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the architectural and grading plans. 4. The Consultant will return one set of the redlined plans along with plan check comments to the project planner within 14 days of receipt of the first submittal and seven days for the second and third submittal. On Fast-track projects, Consultant will complete conceptual review within four calendar days. Plan Check comments will also be sent to the project planner via e-mail for use by the City. One set of plans will be kept on file at the Consultant's office so that if questions arise from either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers. 5. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant for revisions. Conceptual Landscape Plans that have been substantially changed from the original submittal will be subject to an additional fee. Construction Documents Review 1. The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape construction plans, one copy of the approved conceptual landscape plan, conditions of approval and final precise grading plan will be made available to the Consultant to verify consistency with City Development Code, other Ordinances, and Citywide Design Guidelines. Two Sets of landscape construction plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the final precise grading plans. 2. The Consultant will return one set of redlined plans along with plan check comments to the project planner. Plan check comments will also be sent to the planner via e-mail. Comments/redlines shall be returned to the planner within two weeks after notification of plan pick up. Comments shall also be broken up into groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues. Comment shall be both in digital (e-mail) and hard copy format. One set of plans will be kept on file at the Consultant's office so that if questions arise from either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers. 3. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned a second time for revisions. This process will continue until plans are brought into conformance with City standards, professional norms, and approved landscape plans. Plan checks beyond the third check will be subject to an additional per sheet fee. 4. The Consultant will review the cost estimate and notify the project planner that the estimate is appropriate for bonding requirements. Landscape Inspection Three landscape inspections will be performed for each project. The first landscape inspection will include a pressure test (where applicable) and verification that installation of irrigation meets conformance to plans and specifications. The second inspection will be performed once the landscaping installation is complete to assure irrigation coverage and installation of plant material according to plans and specifications. A third inspection will occur for bond release at one year from final approval of landscape. A written report will be provided to the project planner after each inspection indicating the status, if desired by the project planner. The Consultant will send a copy of the report to the applicant/contractor so that they will know which items need correction or completion. Each landscape inspection will be billed at the agreed upon rate. Inspections will be completed in no more than three(3) working days after notification. Landscape Architectural Resources The Consultant shall be available to act as a resource for City staff responding to general questions or questions regarding specific projects. Should staff require tasks to be performed, the Consultant shall provide services based on a mutually agreed upon flat rate fee. Attendance at Meetings The Principal Landscape Architect shall be available to attend Development Review Committee and Planning Commission meetings as requested by the City of Temecula Planning Staff based on an agreed upon fee. Payment Rates and Schedule Exhibit of fee schedule for plan check, and inspections in following exhibits. EXHIBIT B Payment Rates and Schedule Following is the breakdown of fees proposed for the plan check and inspection services outlined in the scope of work. These fees are based on present insurance coverage of $1,000,000.00 for errors and omissions. 1. Conceptual Plan Review Project Acreage Fee 0 - 5 acres $360 >5 - 10 acres $600 >10 -20 acres $780 >20 - 50 acres $960 >50 acres $960 plus $20 per acre over 50 acres Multiple reviews will be covered under the initial conceptual review cost, unless substantial changes to the conceptual landscape plan have been made by the applicant that are not as a result of the comments from the Consultant. Additional conceptual reviews for plans that have been substantially altered will be billed at a new and separate flat fee of $100.00 per sheet. Plan checks beyond the 3rd check shall be billed at a flat rate of $100.00 per sheet. 2. Construction Plan Review The following fees are based on reviewing a maximum of three submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $100 per sheet. Square Footage of Landscaping Flat Plan Check Fee 0 - 5,625 $720 5,625 - 22,500 $1,340 22,501 - 30,375 $1,650 30,376 - 37,125 $1,940 37,126 - 45,000 $2,270 45,001 - 56,250 $2,590 56,251 - 67,500 $2,920 67,501 - 78,750 $3,240 78,751 - 90,000 $3,560 90,000 & up $3,560 + .0075 for each s.f. above 90,001 s.f. Plan checks beyond the 3rd check $100/sheet 3. Landscape Inspections Flat rate of $250.00 per inspection a. First Inspection - Irrigation Inspection b. Second Inspection - Landscape and Irrigation Coverage Inspection c. Third Inspection - Bond Release Inspection 4. Landscape Architectural Resource Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee rate of $300/meeting. Should staff require other tasks to be performed, not included within this scope of work; services will be charged at an hourly rate of $110.00. Item No. 8 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: June 28, 2011 SUBJECT: Agreement for Federal Lobbyist PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council approve a two-year contract for federal lobbying services with David Turch and Associates in an annual amount of $42,000. BACKGROUND: On June 24, 2008, The City Council approved a 3 -year contract for federal lobbying services with David Turch and Associates. At this time, based upon performance, it is the recommendation of staff that the Council approve a new agreement for services with David Turch and Associates. City Council and City staff have been satisfied with their performance to date. David Turch and Associates has made significant efforts in preserving the City's interests and providing influence that ultimately led to appropriations for projects that benefit Temecula. David Turch and Associates has been working hard to preserve the influence of the City of Temecula regarding protection of land in the area, annual appropriation requests, and numerous other relevant issues. The fee for lobbying services will remain unchanged for a total of $42,000 annually, or $3,500 per month, for the life of the agreement. It is staff's recommendation that the Council approve a contract with David Turch and Associates for two years, in order to allow them to remain committeed to lobbying efforts on behalf of the City of Temecula. FISCAL IMPACT: Appropriate funding has been budgeted in the amount of $42,000 in the FY 2011/12 operating budget. ATTACHMENTS: 1. Federal Lobbyist Agreement 2. Memo for proposed services AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND THE DAVID TURCH AND ASSOCIATES FEDERAL LOBBYIST SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and David Turch dba David Turch and Associates, a Sole Proprietor (hereinafter referred to as "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, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty - Two Thousand Dollars and 00/100 ($42,000.00) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT David Turch and Associates David Turch 517 2nd Street Northwest Washington DC 20002 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during hisiher tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA David Turch and Associates (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Shawn D. Nelson, City Manager David Turch ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT [Enter Name], [Enter Title] David Turch David Turch and Associates 517 2"a Street, Northwest Washington DC 20002 202 543-3744 FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: EXHIBIT B Payment Rates and Schedule David lurch and Ylssociates TO: Tamra Irwin FROM: Marilyn Campbell DATE: June 8, 2011 RE: Renewal of Consulting Agreement Per our conversation regarding our consulting agreement with the City of Temecula, we wish to renew our contract effective July 1, 2011 for a period of two years. Fees are to remain at the current level of $3,500 per month. It is a pleasure working with the City of Temecula and we look forward to a continued successful relationship. 517 2nd STREET, NORTHEAST, WASHINGTON, D.C. 20002 (202) 543- 3744 JR/' CERTIFICATE OF LIABILITY INSURANCE OP ID BH DATE(MM/DD/YYYY) 06/09/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER First Insurance Services 3905 National Drive, Suite 240 Burtonsville MD 20866 Phone:301-989-9200 Fax:301-989-0965 LUNIALI NAME: No): i • Ext): FAX ADDRESS: PRODUCER CUSTOMER 10 N: TORCH -2 INSURER(S) AFFORDING COVERAGE NA1C0 INSURED David Turch & Associates 517 2nd St NE Washington DC 20002 INSURERA: Hartford Insurance Company *48 INSURERS: GENERAL X INSURERC: LIABILITY X I OCCUR INSURER 0 : INSURER E : INSURER F : 11/15/11 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS LR--� T IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY MAY BE ISSUED OR AND CONDITIONS OF OF INSURANCE REQUIREMENT. MAY PERTAIN, THE SUCH POLICIES LISTED TERM OR INSURANCE LIMITS SHOWN INSR BWVBD� BELOW HAVE BEEN ISSUED TO THE INSURED NAMED CONDITION OF ANY CONTRACT OR OTHER DOCUMENT AFFORDED BY THE POLICIES DESCRIBED HEREIN IS MAY HAVE BEEN REDUCED BY PAID CLAIMS. ABOVE FOR TFIE WITH RESPECT SUBJECT TO ALL IMM/ODJYYYI- POLICY PERIOD TO WH.CH THIS THE TERMS, TYPE OF INSURANCE POLICY NUMBER (MM/D YDIYYYY) OMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X I OCCUR X 11/15/10 11/15/11 EACH OCCURRENCE $ 2,000,000 VAMAGt I (Ea RENTED PREMISESoccurrence) 5300,000 b 10 , 000 42SBAKA2286- CLAIMS -MADE MED EXP (My one porson) PERSONAL & ADV INJURY $ 2,000 r 000 _ GENERAL AGGREGATE s 4 , 000 , 000 GENL AGGREGATE LIMIT APPLIES PER: —1 POLICY pi PE LOC PRODUCTS - COMP/OP AGG s 4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO Al L OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X 42SBAKA2286 .— 11/15/10 11/15/11 COMBINED SINGLE LIMIT (Ea accident) 52,000,000 X X BODILY INJURY (Per person) 5 BODILY INJURY (Per ocoidont) $ PROPERTY DAMAGE (Pereccident) $ s $ UMBRELLA LIAB EXCESS LAB OCCUR CLAIMS -MODE EACH OCCURRENCE i AGGREGATE 5 DEDUCTIBLE RETENTION 3 s $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNERIEXECUTIVFj1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 11 yes, desaioo urldor DESCRIPTION OF OPERATIONS below NIA 42WECJP5328 11/15/10 11/I5/11 X ITORYLIMA S O• ER %I E.L. EACH ACCIDENT 5100,000 E.L. DISEASE • EA EMPLOYEE S 100 , 000 E.L. DISEASE - POLICY LIMIT $ 500,000 A Business Property 42SBAKA2286 11/15/10 11/15/11 Property 125,300 Deduct 500 more awe Is required) DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101 Addltlonal Remarks Schedule, H pac Certificate holder is named additional insured for work performed NCELLATION % r (MW/ /(y CTYTE—1 City of Temecula Attn: Kathi Syers P 0 Box 9033 Temecula CA 92589-9033 I SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brittany L Harpe• 1 v^ 6 ACORD 25 (2009/09) -. • The ACORD name and logo are registered marks of ACORD Item No. 9 Approvals City Attorney Director of Finance City ManagerOtoL "Ref— fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: June 28, 2011 SUBJECT: Agreement for State Lobbyist PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council approve a two-year contract for state lobbying services with Ellison Wilson Group, LLC in an annual amount of $42,000. BACKGROUND: On June 24, 2008, The City Council approved a 3 -year contract for state lobbying services with the Ellison Wilson Group, LLC. At this time, based upon performance, it is the recommendation of staff that the Council approve a new agreement for services with the Ellison Wilson Group. City Council and City staff have been very satisfied with their performance to date. Ellison Wilson has made significant efforts in preserving the City's interests and providing influence that ultimately led to bills that benefit Temecula. Ellison Wilson has been working hard to preserve the influence of the City of Temecula regarding Indian gaming revenue, preservation of Redevelopment Agencies, Vehicle License Fee Annexation Allocation, worker's compensation reform, energy/transmission line legislation, skateboard park immunity, and numerous other relevant issues. The fee for lobbying services will remain unchanged for a total of $42,000 annually, or $3,500 per month, for the life of the agreement. It is staff's recommendation that the Council approve a contract with Ellison Wilson Group, LLC for two years, in order to allow them to remain committeed to lobbying efforts on behalf of the City of Temecula. FISCAL IMPACT: Appropriate funding has been budgeted in the amount of $42,000 in the FY 2011/12 operating budget. ATTACHMENTS: 1. State Lobbyist Agreement 2. Memo for proposed services AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND THE ELLISON WILSON ADVOCACY, LLC FOR CALIFORNIA STATE LOBBYIST SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and The Ellison Wilson Advocacy, LLC , a Limited Liability Company (hereinafter referred to as "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, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty - Two Thousand Dollars and 00/100 ($42,000.00) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultants 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Ellison Wilson Advocacy, LLC Brooks Ellison, legislative Advocate 1725 Capitol Avenue Sacramento, CA 95814 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT 1. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ellison Wilson Advocacy, LLC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Shawn D. Nelson, City Manager Brooks Ellison, Legislative Advocate ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ellison Wilson Advocacy, LLC Brooks Ellison, Legislative Advocate 1725 Capitol Avenue Sacramento, CA 95814 (916) 448-2187 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: EXHIBIT B Payment Rates and Schedule ELL SON WILSON ADVOCACY, LLC BROOKS ELLISON Legislative Advocate Attorney at Law PATRICK WHALEN Legislative Advocate Attorney at Law June 23, 2011 GOVERNMENTAL AFFAIRS - LEGISLATIVE ADVOCACY 1725 CAPITOL AVENUE SACRAMENTO. CALIFORNIA 95811 916-448-2187 - Fax 916-448-5346 lobby @ellisonwilson.com www.ellisonwilson.com BOB WILSON Attorney at Law Member, California State Senate (ret.) Member, California State Assembly (ret.) KIRK BLACKBURN Legislative Advocate Attorney at Law Tamra Irwin Senior Management Analyst City of Temecula 41000 Main Street Temecula, California 92590 RE: Contract Extension for Legislative Advocacy & Governmental Affairs Services Dear Tamra, Thank you for your call yesterday asking us to send you a proposal for a new multi-year legislative advocacy contract with the City of Temecula. It has been an honor and privilege to represent the City for over 10 years in a variety of capacities — both as legislative advocates for the City at the Capitol defending against costly legislation or proactively passing favorable legislation, as well as in other "governmental affairs" capacities, including assisting in the drafting and securing of grants and providing advice on legal and regulatory matters, amongst others. Our proposal is that we mutually agree to a new two year contract on the same terms and conditions as the current contract and our services would be those outlined in exhibit A of the current contract. We would provide these comprehensive governmental advocacy services for our current fee of $3500 per month. These fees have not changed since 2001, but due to the current economic conditions and our long association, we are willing to agree not to request an increase during the term of the proposed contract. Please advise if you need anything further in order to finalize the new contract. We look forward to continuing to represent the City of Temecula at the Capitol. Sincerely, Brooks Ellison Item No. 10 Approvals City Attorney Director of Finance City ManagerOtoL "Ref— fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: June 28, 2011 SUBJECT: Opposition to Assembly Bill 438 (Williams), at the request of Mayor Pro Tem Washington PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ASSEMBLY BILL 438 (WILLIAMS) WHICH, IF PASSED, WOULD INCREASE NOTIFICATION REQUIREMENTS FOR THOSE CITIES AND OTHER ENTITIES THAT WANT TO OPT OUT OF THE COUNTY FREE LIBRARY SYSTEM TO OUTSOURCE THE ADMINISTRATION AND OPERATION OF THEIR LIBRARIES TO A PRIVATE, FOR PROFIT COMPANY BACKGROUND: The City of Temecula contracts with Library Systems and Services, LLC through the County of Riverside for the Temecula Library. This is a very cost- effective way for Temecula to administer and operate the Temecula Library. Assembly Bill 438 (Williams), if passed, would make it much more difficult to continue with this arrangement once the current contract needs to be amended or Temecula would want to contract out to another company. It would mandate how and when cities can enter into contracts with private service providers. The bill sets a new precedent for contracting for library services, and could open the door to similar requirements in other city contracts. Assembly Bill (AB) 438 includes amendments which include: - Demonstration "that the contract will result in actual overall cost savings to the City or library district," which cannot include a city or library's indirect overhead costs unless "those costs can be attributed solely to the function in question and would not exist if that function was not performed by the city or library district." "Indirect overhead costs" means the "pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities or materials." The contract "shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Contracts shall be eligible for approval if the contractor's wages are at the industry's level and do not undercut city or library district pay rates." - Demonstration that "the contract shall not cause the displacement of city or library district employees." - The contract shall provide "that it may be terminated at any time by the city or library district without penalty if notice is provided within 30 days of termination." - A contractor would also likely have to list "a description of all civil complaints filed against the contractor in any state or federal court during the prior 10 years." - This type of contract would be required to go to a vote at the next regularly scheduled election, which could be as long as 18 months or two years. The passage of AB 438 would affect the City of Temecula as soon as the current contract for library services is up for renewal. Staff is recommending that the City oppose AB 438. FISCAL IMPACT: None. ATTACHMENTS: Resolution RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ASSEMBLY BILL 438 (WILLIAMS) WHICH, IF PASSED, WOULD INCREASE NOTIFICATION REQUIREMENTS FOR THOSE CITIES AND OTHER ENTITIES THAT WANT TO OPT OUT OF THE COUNTY FREE LIBRARY SYSTEM TO OUTSOURCE THE ADMINISTRATION AND OPERATION OF THEIR LIBRARIES TO A PRIVATE, FOR PROFIT COMPANY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Temecula contracts through Riverside County with Library Systems and Service, LLC for Temecula Library; and WHEREAS, Assembly Bill 438 (AB 438) would make it much more difficult to continue with this arrangement once the current contract expires; and WHEREAS, AB 438 would mandate how and when cities can enter into contracts with private service providers; and WHEREAS, AB 438 would set a new precedent for contracting for library services; and WHEREAS, AB 438 could open the door to similar requirements in other city contracts; and WHEREAS, if passed, AB 438 would require the demonstration "that the contract will result in actual overall cost savings to the city or library district," which cannot include a city or library's indirect overhead costs unless "those costs can be attributed solely to the function in question and would not exist if that function was not performed by the city or library district;" and WHEREAS, if passed, AB 438 requires that the contract "shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits;" and WHEREAS, if passed, AB 438 requires that "contracts shall be eligible for approval if the contractor's wages are at the industry's level and do not undercut city or library district pay rates; and WHEREAS, AB 438 also requires demonstration that "the contract shall not cause the displacement of city or library district employees;" and WHEREAS, AB 438 mandates that this type of contract would be required to go to a vote at the next regularly scheduled election; and NOW, THEREFORE, BE IT RESOLVED that the City of Temecula opposes the passage of AB 438, will send a letter of opposition to applicable legislators and the Governor, as this bill would greatly affect the City as soon as the current contract for library services is up for renewal making it virtually impossible to continue with the same type of cost-effective library services. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 11 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 28, 2011 SUBJECT: Amendments to Annual Agreements for various services required by the Public Works Maintenance Division for Fiscal Year 2011/2012 PREPARED BY: Rodney Tidwell, Maintenance Supervisor RECOMMENDATION: That the City Council approve the following amendments to annual agreements in the amounts stated for fiscal year 2011/2012 for routine street maintenance and emergency services for various Maintenance Division needs. General Engineering Contractor Services Becker Engineering $ 200,000 HazMat Trans, Inc. $ 30,000 Imperial Paving $ 200,000 N PG $ 50,000 Republic ITS $ 30,000 Traffic Striping Pacific Striping $ 100,000 Property Maintenance Rene's Commercial $ 200,000 BACKGROUND: On July 1, 2008 the City Council approved agreements with the above listed firms to complete a vast array of on-call services assisting & supplementing the Maintenance Division staff with maintaining the City's infrastructure. Needed services are packaged and requested from the appropriate Contractor by Service Requests. Contractors submit a cost proposal for each service request and funds are allocated from the corresponding operating budget line item. Only approved work will utilize the services under these agreements, unless otherwise directed by the City Manager or City Council. The original agreements allow for three one (1) year extentions. Each of the listed firms have responded in a timely manner when requested, provided an economical means of completing the necessary work and performed satisfactorily. Therefore staff is recommending contract extentions for each vendor. FISCAL IMPACT: Adequate funds will be available in the Public Works Department, Maintenance Division budget, upon approval of the FY2011/2012 budget. ATTACHMENTS: Amendments THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BECKER ENGINEERING FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS THIRD AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and BECKER ENGINEERING a Corporation, (hereinafter referred to as "Contractor"). 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, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula", in the amount of $200,000. b. On June 9, 2009, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula," to extend the term to June 30, 2010 and to increase the payment in the amount of $200,000. c. On July 1, 2010, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2011, increase the payment in the amount of $200,000, and revise the Written Notice section. d. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Schedule of Costs, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The THIRD Amendment amount shall not 1 exceed Two Hundred Thousand Dollars and No Cents ($200,000), for additional Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula for a total Agreement amount of Eight Hundred Thousand Dollars and No Cents ($800,000). 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BECKER ENGINEERING (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR By: Walter K. Becker, CEO Cheryl Roberts, Secretary Becker Engineering Walter K. Becker, CEO P.O. Box 890365 Temecula, CA 92589-0365 (951) 712-2341 FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 Attachment A BECK ER ENGINEERING GENERAL - ENGINEERING - CONSTRUCTION LICENSE It 683396-A E-MAIL- info«, I. Qkerenaineering.orq P.O. BOX 890365 NEXTEL-951-712-2341 TEMECULA, CA FAX - 951-926-8611 92589-0365 TIME AND MATERIAL RATES EXCLUSIVELY CITY OF TEMECULA JULY 2011 TO JULY 2012 O.T. SUPERINTENDENT WITH 1 TON TRUCK 579.25 $117.85 FOREMAN WITH 1 TON TRUCK 574.50 5107.00 GENERAL LABORER 563.25 587.75 BARE EQUIPMENT 140 EXCAVATOR 598.60 PER HOUR 545 EXCAVATOR • 583.20 PER HOUR 331 EXCAVATOR 573.20 PER HOUR KX91 EXCAVATOR 573.20 PER HOUR 450 DOZER 598.60 PER HOUR SKIP LOADER 555.40 PER HOUR 310 BACKHOE 573.20 PER HOUR 2040 MUSTANG LOADER 558.20 PER HOUR 2040 MUSTANG LOADER W/ BREAKER 591.20 PER HOUR 2086 MUSTANG LOADER 573.20 PER HOUR Please see attached Page 1 2086 MUSTANG LOADER W/ BREAKER $102.50 PER HOUR 4 YD. ARTICULATING LOADER $98.60 PER HOUR BOBTAIL DUMP $73.20 PER HOUR 1 TO 3 TON ROLLER $41.00 PER HOUR 3 TO 5 TON ROLLER $58.00 PER HOUR VIBRATORY PLATE $32.00 PER HOUR WACKER TAMP $32.00 PER HOUR WATER TRUCK $73.20 PER HOUR D-4 DOZER $97.15 PER HOUR D-5 DOZER $101.00 PER HOUR D-6 DOZER $135.00 PER HOUR D-8 DOZER $190.00 PER HOUR 120 ROAD GRADER $141.50 PER HOUR 140 ROAD GRADER $155.00 PER HOUR SWEEPER ATTACHMENT $40.00 PER HOUR 200 AMP PORTABLE WELDER $39.50 PER HOUR AREA MOVE INS $100.00 PER HOUR ALL SUBCONTRACT LABOR 15% MARKUP ALL MATERIALS 1S% MARKUP PER AMERICAN PUBLIC WORKS ASSOCIATION STANDARD BOOK RATES Please see attached Page 2 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HAZ MAT TRANS, INC. FOR HAZARDOUS WASTE DISPOSAL THIS SECOND AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Haz Mat Trans, Inc., a Corporation, hereinafter referred to as "Contractor"). 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, 2009, the City and Contractor entered into that certain Agreement entitled "Agreement for Hazardous Waste Disposal", in the amount of $30,000. b. On June 8, 2010, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Hazardous Waste Disposal", to extend the term of the agreement to June 30, 2011, to increase the payment in the amount of $30,000 and to revise the Written Notices section. c. The parties now desire to extend the term of the agreement to June 30, 2012, to increase the payment in the amount of $30,000, and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000) for additional Hazardous Waste Disposal for a total Agreement amount of Ninety Thousand Dollars and No Cents ($90,000). 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HAZ MAT TRANS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR By: Deva McKnight, President Mike Hammer, Vice President HAZ MAT TRANS, INC. Scott Glassey, Sales Manager PO Box 5129 San Bernardino, CA 92412 909/889-5607 909/884-8966 Fax FSM Initials: Date: 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 3 Attachment A Haz MaT Trans, Inc, P.O. Box 5129 - San Bernardino, CA 92412 - (909) 889-5607 - Fax (909) 884-8966 D.O.H.S. #0115 - Industrial Waste Removal - EPA #CAT 080012800 May 23, 2011 Rodney Tidwell City of Temecula P.O. Box 9033 Temecula, CA 92590 RE: TRANSPORTATION AND DISPOSAL OF VARIOUS WASTE Dear Mr. Tidwell: Thank you for the opportunity to provide you with a proposal for the transportation and disposal of the various waste at your facility. Please find below the Related Fees for the wastes that we discussed. Related Fees Transportation and Disposal (55 gallon drums) Asphalt Emulsion / Tack Oil Absorbent / Oil Waste Oil Hydraulic Oil / H2o Materials 55 Gallon Open Top Drums $ 42.00 each Absorbent $ 22.00 each $ 295.00 per drum $ 235.00 per drum $ 235.00 per drum $ 235.00 per drum Please find attached our current price schedule for other services that you may require. Also, included is our list of Licenses and Permits. If you have any questions or require additional information, please contact me at (909) 754-4234. Sincerely, Scott Glassey Attachments: Current Price List Licenses and Permits HoZ MDT rens 2011 CURRENT PRICE LIST LICENSES & PERMITS Prepared By: SCOTT GLASSEY HAz MAT TRANS, INC. 230 East Dumas P.O. Box 5129 San Bernardino CA 92412 (909) 889-5607 Raz mar pans INC 1) 2011 Price List 2) City of Temecula Business License 3) Certificate of Liability Insurance 4) Workers Compensation Insurance 5) WBE Verification 6) Contractors State License 7) Hazardous Material Transportation License 8) DTSC Verification 9) US EPA Verification 10) DMV Motor Carrier Permit 11) Hazardous Materials Registration HaZ Mat Trans, Inc. EQUIPMENT PRICE LIST Effective January 1, 2011 PERSONNEL ❖ Project Manager ❖ Supervisor ❖ Technician — Operator ❖ Laborer ❖ Administrator Clerk VACUUM TANKS (operated) ❖ 3000 gallon C. 5000 gallon ❖ 5500 gallon (stainless steel) per hr ROLL OFF EQUIPMENT (operated) ❖ Roll off truck (single) ❖ Roll off truck (tandem) ❖ Roll off boxes 10 - 20 cy open top day ❖ Roll off boxes 20 cy closed top 9 Roll off boxes 40 cy open top • Roll off boxes 40 cy closed top ❖ Box liners 20 Yard ❖ Box liners 40 Yard DRUM EQUIPMENT (operated) ❖ 40 ft trailer w/lift ❖ Stake bed w/lift ❖ Pick Up w/lift ❖ Drum dolly 90.00 per hr 80.00 per hr 65.00 per hr 53.00 per hr 53.00 per hr 118.00 per hr 118.00 per hr 125.00 118.00 per hr 125.00 per hr 11.00 11.00 day 11.00 day 15.00 day 24.00 each 30.00 each 118.00 per hr 112.00 per hr 78.50 per hr 8.00 day FLAT BED EQUIPMENT (operated) ❖ 48 ft drop deck 118.00 per hr DUMP EQUIPMENT (operated) ❖ 40 ft End Dump ❖ 10 Wheel dump truck ❖ 6 Wheel dump truck 1 118.00 per hr 115.00 per hr 112.00 per hr MISC. DRIVE EQUIPMENT (non -operated) ❖ Pick-up Trucks ❖ Company Vehicle MISC. EQUIPMENT (non operated) ❖ Excavator ❖ Loader •b Crawler ❖ Water truck (2000 gal) ❖ Backhoe • Backhoe attachments ❖ Bob Cat Bob Cat attachments ❖ Forklift 4-6 k lbs ❖ Forklift 10-12 k lbs & Man lift ❖ 110 - 115 CFM Compressor ❖ 30 CFM Compressor ❖ 10 K Generator ❖ Generator ❖ Steam Cleaner ❖ Light Plants ❖ Hand Air Tools (Jack Hammer, Impact Wench, etc) ••• Pumps • Hand Power Tools (Concrete saw, Tamper, etc.) 45.00 per hr 38.00 per hr 115.00 per hr 105.00 per hr 105.00 per hr 75.00 per hr 90.00 per hr 120.00 day 75.00 per hr 120.00 day 55.00 per hr 145.00 per hr 75.00 per hr 210.00 day 185.00 day 175.00 day 155.00 day 75.00 per hr 150.00 day 50.00 day 90.00 day 150.00 day SAFETY & PPE EQUIPMENT ❖ Air Monitor 150.00 day ❖ Tripod Man Lift 55.00 day ❖ Bottled Air, 300 cu. Ft. cylinder 55.00 day ❖ Self -Contained 60 minute Scott Air Pack 120.00 day • Extra 60 Minute Scott Air Cylinder 30.00 day ❖ Self -Contained 60 minute Scott Air Pack 95.00 day ❖ Extra 30 minute Scott Cylinder 25.00 day d• 300 Cu. Ft. or 60 minute Cylinder Recharge 35.00 each • 30 Minute Cylinder Recharge 30.00 each ❖ Hazardous (Acid Suit) (Level A) 225.00 day ❖ Hazardous Suit (Level B) 85.00 day ❖ Positive Pressure Mask with Egress, Air Line 55.00 day ❖ Lifeline and Safety Harness 30.00 day ❖ Dual Cartridge Half -face Respirator 17.00 day •3 Dual Cartridge Full -face Respirator 20.00 day ❖ Racal -Respirator 72.00 day d• Cartridges for Racal -Respirator 38.00 pair • P.P.E. (Level C) 35.00 day 2 CONSUMMABLES ❖ Big Bilge Pillow Boom Absorbent ❖ Vermiculite (CEP) ❖ Hazorb Pillows •S Sorbent Pads ❖ Sorbent Booms ❖ 95 -gallon Poly Overpack Drum ❖ 95 -gallon Poly Overpack Drum ❖ 85 -gallon Overpack drum ❖ 85 -gallon Overpack drum ❖ 55 -gallon D.O.T. Poly drum ❖ 55 -gallon D.O.T. Poly drum o/t ❖ 55 -gallon D.O.T. Poly drum c/t ❖ 30 -gallon D.O.T. Poly drum o/t ❖ 55 -gallon D.O.T. 17H steel ❖ 30 -gallon Steel Drum on ❖ 15 -gallon Poly drum ❖ 5 -gallon Pail w/lid ❖ Fluorescent Tube Boxes ❖ Fluorescent Tube Drum • Fluorescent Tube Drum ❖ Tri -Wall Fiber box • • • • • • • .:. • • • •• • .:. • .:. :. 4, • Soda Ash Caustic Soda Caustic Soda Sample Tubes Tyvek Suit Saranex Suit Caution Tape Plastic Sheeting Plastic Bags 55 -gallon drum liner 20" Stretch Film Hazardous Waste Labels (Mesa Labels) Sample Jars Hand Pump Gloves (Viton) Rain Gear (Lightweight) Rain Gear (Heavyweight) Sigel Suit (Acid Suit) Hazardous Atmosphere Enviro Suit Hudson Sprayers Simple Green Sand Bag (8" x 10") (new) (reconditioned) (new) (used) (reconditioned) (reconditioned) (new) (4') (6'-8) (1 cubic yard) (flake) (bead) 3 135.00 each 12.95 bag 24.00 bag 8.00 pillow 105.00 bundle 75.00 each 238.00 drum 127.50 drum 173.00 drum 75.00 drum 45.00 drum 55.00 drum 59.00 drum 40.50 drum 43.00 drum 36.00 drum 28.00 drum 19.50 pail 8.00 box 58.50 drum 53.00 drum 95.00 each 1.05 per Ib 1.05 per Ib 0.70 per Ib 1.40 each 23.00 each 60.00 each 19.00 roll 150.00 roll .75 each 10.00 each 42.50 roll 2.50 each 2.25 jar 22.50 day 35.00 pair 16.50 each 21.00 each 47.00 day 850.00 day 32.50 each 10.50 gal 4.50 each STORAGE EQUIPMENT ❖ 21,000 gallon steel tank ❖ 21,000 gallon coated steel tank ❖ 6,900 gallon poly tank ❖ 4,900 gallon poly tank ❖ 600 gallon poly tank ❖ 3,000 gallon self contained vacuum tank (non operated) ❖ Tank delivery 45.00 day 49.00 day 45.00 day 39.00 day 24.00 day 550.00 day 125.00 per hr TERMS AND CONDITIONS ❖ Terms are net cash 30 days upon prior credit approval, otherwise C.O. D. Payments not received on time will be assessed a 1.5% per month service charge on past due amounts. Customer agrees to pay all legal costs and attorney fees if collection of account is necessary. ❖ Transportation rates are valid based on diesel fuel pricing up to $ 3.50 per gallon. For every increase in fuel prices of $.07 per gallon, above $ 3.50, rates will increase by 1%. ❖ All third party charges will be billed at cost plus 25%. ❖ Per Diem rates will be charged at $ 125.00 per day, per person. ❖ Prevailing Wage rates will be charged at a multiple of 1.7. NORMAL WORKING HOUR RATES Monday through Friday (7:OOam - 5:OOpm) AFTER HOURS RATES 5:OOpm — 7:OOam (through midnight Saturday) SUNDAY RATES Midnight Saturday through midnight Sunday HOLIDAY RATES EMERGENCY CALL OUT 4 Prices as Listed Above Add - $ 25.00 per hr Add - $ 65.00 per hr Add - $ 65.00 per hr $ 300.00 per event BUSINESS LICENSE The person, firm or mrporalon named below is hereby granted this license (pursuant 10 the provisions of the City •Business License Ordinances of the City of Temecula, California) to errgage in, carry on or oanduc in the CO of Temecula, California, the business, trade, calling, profession, exhibfion or occupation described below for the period indlated. This license is permission only, and is issued without verification that the license is subject to or exempt fram licensing bythe State of California; nor shall sub issuance be deemed a waver of the Ci o Temecula of pas! or future violations of such laws or ordinances. BUSINESS NAME: Haz Mat Trans Inc BUSINESS LOCATION30 E Dumas St. San Bernardino, CA 92408 BUSINESS OWNER: Deva McKnight HAZ.MAT TRANS INC P O BOX 5129 SAN BERNARDINO,-CA 92412 CITY OF TEMECUL Finance Department 41000 Main Street Temecula, CA 92590 BUSINESS CLASS?2e DESCRIPTION:BUSINESS SERVICES Business License Number: License Fee: Effective Date: Expiration Date: 029254 $ 35.00 January 24, 2011 January 31, 2012 Fees paid in accordance with City Ordinance TO BE POSTED IN A CONSPICUOUS PLACE NOT TRANSFERABLE and NON-REFUNDABLE NOTICE OF VERIFICATION AND CERTIFICATION December 27, 2010 Deva McKnight Haz Mat Trans, Inc. P.O. Box 5129 San Bernardino, CA 92412 CHS Verification Order Number: 7GN00006 Congratulations, the Supplier Clearinghouse is pleased to inform you that in accordance with General Order 156, your business enterprise has successfully completed the verification process, and your company has received the following certification: WBE Your company will now be recognized by the Joint Utilities as a women and/or minority-owned business when competing for procurements by public utilities participating in the Utility Supplier Diversity Program. Your Certification is valid for three years and you are required to re -verify your company's WMBE status at least 30 days prior to your expiration date. Please notify our office of any change in your address or contact information so that we can maintain your most current contact information. You must notify our office of any change in ownership and/or control of your company within 30 days of the change. Failure to provide that notification is in violation of section 8285 of the Public Utilities Code and could render your certification status invalid. If your company was verified and certified under the CAV (Comparable Agency Verification) process, your certificate status will expire on the same expiration date as that of the comparable agency except for SBA 8a Certificates that are valid for a nine year period. However, please note that the maximum verified certification period for the Supplier Clearinghouse is three years regardless of any CAV expiration date in excess of three years. The Supplier Clearinghouse may request additional information or conduct an on-site visit at any time during the term of your verified certification status. The Supplier Clearinghouse may reconsider your certification status and possibly rule invalid your verified status if it is determined that the status was knowingly obtained by false, misleading and/or incorrect information. Also note that if in a formal opinion, the California Public Utilities Commission determines that the WMBE verification criteria under which you were deemed eligible is no longer valid, then your status may change or you may be required to comply with the change to maintain eligibility. Thank you for participating in the Utility Supplier Diversity program. We wish you much success in your business endeavors. Feel free to contact our office at 800 359-7998 if you have questions, or visit our website at www.thesupplierclearinghouse.com. The Supplier Clearinghouse ❑ O o N • O NII -p bn c .0 c5 - vs 3 & I. 0 o� '. w ,.a N N cr = rsE a = an 0 N o .tial 2 — 'R 0) —1 cn .rn r w 0 ti O O J 0 rJv, < o -P ❑ vi m p O • o O — 0, o o L v 8 " U y U a 4 UJ .y, H r Cj a M w h y 5 > c • 0 O ei ,., ^N .0 C y o an 1l .n O v 'G [M U .4 an tt • E 1 .0 8 O N U on ? U v C 0 U C P. p T O nU C CD r Cf -4 • t- ❑ o 0 • 0 .� U .4;4 • -c 0 °� c Y U N U N ▪ e C ; or o3 . c) o .p rq . ro ❑ Se a d 0 ▪ ci c rn 0r > �in 0 •• O tir i cnr( oo F° _ o Uti o 2 t .4 ...0 • o 0 — o ;'O Et; - 1-4 N �"• an s. ct C G Cn 0 r+ r0v.. Cr., 6. o 0 • o Y `" • �p 0w 0 > n C • o '�• t"..? " U Co UZ o Y a. - y 2. 0 x 3 /0Um Or▪ j ' bn " o 0wn,a • ti -a oC-T. N r UN C O U Ci o -a -0 r", :n o ^7i - :" b,„C 'y P' T • v0o > Nc• � h r p b 0 0 0 • O • to -, ..00 q-' 3..t; p U y o r s O "a w -- r U ea cdU 'G 3 0 0 0. 7 y O 4a p - f1, o w .. 0 T~ .3 O [� OD 6 U :° O�+, O .• D ''_' U '• T' H - 0 a.H w 8 3 a) o H STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL HAZARDOUS MATERIALS TRANSPORTATION LICENSE CHP 360H (REV. 1/00) OH 062 LICENSEE NAME AND PHYSICAL ADDRESS (only if different from below=) CONTROL NUMBER 198547 LICENSE NUMBER ISSUE DATE 54831 3/9/2011 EFFECTIVE DATE EXPIRATION DATE 8/31/2012 CHP CARRIER NURSER LOCATION ❑ Duplicate ❑ Replacement CA- 170 ❑ Initial Renewal HAZ MAT TRANS, INC. 230 E. DUMAS STREET SAN BERNARDINO CA 92408 PROPERTY OF THE CALIFORNIA HIGHWAY PATROL (CHP) The original valid license must be kept at the licensees place of business as indicated on the license and e lemble copy must be carried in any vehicle or combination transporting hazardous matenais and must be presented to any CHP oficer upon request. This license is NON -TRANSFERABLE and must be surrendered to the CHP upon demand or as required by law. A majority change in ownership or control of the licensed activity shall require a new license. This license may be renewed by submitting an application and appropriate tee to the CHP. Persons whose licenses have expired or are othenvise no longer valid must immediately cease the activity requiring a license. THERE I5 NO GRACE PERIOD. For licensing information contest CHP, Commercial Vehicle Section at (915) 843-3402. LICENSEE NAME AND MAILING ADDRESS HAZ MAT TRANS, INC. P.O. BOX 5129 SAN BERNARDINO CA 92412 ATTENTION: DEVA MC KNIGHT This carrier is on the special routing/safe stopping place mailing lists as indicated below: D (HMX) Explosives subject to Division 14, California Vehicle Code (CVC). ❑ (HMPIH) Poison Inhalation Hazard materials in bulk packagings subject to Division 14.3, CVC. ❑ (HRCQ) Highway Route Controlled Quanity radioactive materials subject to Division 14.5, CVC. Any person who dumps, spills, or causes the release of hazardous mateta s or hazardous waste upon any highway shall immediately notify the CHP or the agency having jurisdiction for That highway. The minimum fine lot failure to make the appropriate notation is 5 2,0x).93. (CVC Segion 23112.5) Linda 5. Adams Secretary for Environmental Protection Department of Toxic Substances Control Maziar Movassaghi Acting Director 8800 Cal Center Drive Sacramento, California 95826-3200 ***HAZARDOUS WASTE TRANSPORTER REGISTRATION*** HAZARDOUS WASTE OF CONCERN TRANSPORTER Corrected Copy NAME AND ADDRESS OF REGISTERED TRANSPORTER HAZ MAT TRANS, INC. P.O. BOX 5129 SAN BERNARDINO, CA 92412 TRANSPORTER REGISTRATION NO: 0115 EXPIRATION DATE: MAY 31, 2011 Arnold Schwarzenegger Governor THIS IS TO CERTIFY THAT THE FIRM NAMED ABOVE IS DULY REGISTERED TO TRANSPORT HAZARDOUS WASTE IN THE STATE OF CALIFORNIA IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 6.5, DIVISION 20 OF THE HEALTH AND SAFETY CODE AND TITLE 22 OF THE CALIFORNIA CODE OF REGULATIONS, _DIVISION 4.5. THIS REGISTRATION CERTIFICATE MUST BE CARRIED WITH EACH SHIPMENT OF HAZARDOUS WASTE. FOR REGISTRATION INFORMATION, PLEASE CALL (916) 440-7145. t (AUTHORIZED SIGNATURE) JuJ 03 2018 (DATE) ® Printed on Recycled Paper United States Environmental Protection Agency Region 9 75 Hawthorne Street, (WST-6) San Francisco, CA 94105 March 19, 2003 Deva McKnight Haz Mat Trans Inc PO Box 5129 San Bernardino, CA 92412 The US Environmental Protection Agency (EPA) has updated the information for your installation under the EPA Identification (ID) number already assigned to your location (see below). EPA has updated this ID number in response to your Notification of Regulated Waste Activity Form (Form 8700-12) received from your installation on February 5, 2003. By submitting the Form 8700-12, your installation has notified EPA of the Resource Conservation and Recovery act (RCRA) regulated waste activities shown below in accordance with Section 3010 of RCRA. The EPA ID number for this location is also referred to as a `RCRA ID number' and is to be used on transport manifests and any other hazardous waste management documents required under Subtitle C of RCRA. RCRA ID number: CAT080012800 assigned to: Haz Mat Trans Inc 230 E Dumas St San Bernardino, CA 92408 EPA has listed your status as: Transporter of Hazardous Waste For assistance with questions regarding RCRA regulations, call the National RCRA Hotline at (800) 424- 9346. For assistance with any other questions, or if you need to obtain a current version of the EPA Notification of Regulated Waste Activity Form (Form 8700-12) please contact: US EPA Region 9 RCRA Notifications 75 Hawthorne Street (WST-6/Tetra Tech) San Francisco, CA 94105 Phone: (415) 495-8895 STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF MOTOR VEHICLES MOTOR CARRIER SERVICES BRANCH MS G875 P.O. BOX 932370 Sacramento, CA. 94232-3700 (916) 657-8153 1/15/2007 HAZ MAT TRANS INC PO BX 5129 SAN BERNARDINO, CA 92412 '.!!IMPORTANT REMINDERS!!! 1 This non -expiring Motor Carrier Permit (MCP) will remain valid as long as you continue to conduct interstate operations. The Unified Carrier Registration Act (UCRA) of 2005 exempts combined carriers (carriers who operate both intra and interstate) from MCP requirements. 2. Federal Motor Carrier Safety Administration insurance requirements must be maintained. 3. If you commence intrastate only operations, you must renew your MOP. • - California Relay Telephone Service for the deaf or hearing impaired from TDD Phones: 1-800-735-2929; from Voice Phones: 1-800-735-2922 DMV 2200 MOP (NEW 10.12007) A Public Service Agency MOTOR CARRIER PERMIT Combined Carrier i,SS,,NON-EXPIRING Le� A Public Service Agency DEPARTMENT OF MOTOR VEHICLES Motor Carrier Services Branch P.O. BOX 932370 Sacramento, CA. 94232-3700 HAZ MAT TRANS INC POBX5129 SAN BERNARDINO, CA 92412 Valid From: 01/01/2008 Valid Through: l Non -Expiring CA#: 0000170 The carrier named on this permit is subject to the Un'fied Carrier Registration Act (UCRA) of 2005, and is granted a non -expiring permit of the following classification: For Hire Corporation Not Valid for Intrastate Only Operations Pmt Data: NA Office;: 154 Account #: 24415 Tech ID:m Sequence #: #NNN Amt Paid: No Fee '.!!IMPORTANT REMINDERS!!! 1 This non -expiring Motor Carrier Permit (MCP) will remain valid as long as you continue to conduct interstate operations. The Unified Carrier Registration Act (UCRA) of 2005 exempts combined carriers (carriers who operate both intra and interstate) from MCP requirements. 2. Federal Motor Carrier Safety Administration insurance requirements must be maintained. 3. If you commence intrastate only operations, you must renew your MOP. • - California Relay Telephone Service for the deaf or hearing impaired from TDD Phones: 1-800-735-2929; from Voice Phones: 1-800-735-2922 DMV 2200 MOP (NEW 10.12007) A Public Service Agency UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION HAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION FOR REGISTRATION YEAR(S) 2009-2012 Registrant: HAZ MAT TRANS INC Attn: DEVA MCKNIGHT PO BOX 5129 SAN BERNARDINO, CA 92412 This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CFR Part 107, Subpart G. This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this document. Reg. No: 051309 552 067RT Issued: 05/13/2009 Expires: 06/30/2012 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with PHMSA; and (2) This Certificate of Registration Each person subject to the registration requirement must furnish that person's Certificate of Registration (or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U. S. Department of Transportation upon request. Each motor carrier (private or for -hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the "U.S. DOT Hazmat Reg. No? in each truck and truck tractor or vessel (trailers and semi -trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, PHH-62, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590, telephone (202) 366-4109. FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND IMPERIAL PAVING CO. FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS FOURTH AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Imperial Paving Co., a Corporation, hereinafter referred to as "Contractor"). 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, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula", in the amount of $200,000. b. On October 28, 2008, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula, to increase the payment in the amount of $200,000. c. On June 9, 2009, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2010, and increase the payment in the amount of $200,000. d. On July 1, 2010, the City and Consultant entered into the Third Amendment to that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2011, to increase the payment in the amount of $200,000 and revise the Notices section. e. The parties now desire to extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" 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 1 herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FOURTH Amendment amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000) for additional Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula for a total Agreement amount of One Million Dollars and No Cents ($1,000,000). 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA IMPERIAL PAVING CO. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR By: Jim Dunleavy, President Chris Melodia, Vice President IMPERIAL PAVING CO. Chris Melodia, Vice President 10715 Brookfield Avenue Santa Fe Springs, CA 90670 800/634-3923 FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 City of Temecula Public Works Maintenance Division P.O. Box 9033 Temecula, CA 92589-9033 Attention: Rodney Tidwell Re: Time & Material Price Sheet LABOR BREAKDOWN All Labor Overtime -11/2 Times ( After 8 Hours / Saturdays ) Double Time - 2 Times ( Sunday / Holidays ) EQUIPMENT BREAKDOWN - ( DOES NOT INCLUDE LABOR ) Flatbed Truck with Compressor Mount Bob Tail Truck 9 - 11 Yards Concrete Flatbed Truck Dump Truck & Pup Trailer Air Compressor Water Truck Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum) Dump Truck with Skiploader & Trailer Combo 10 -12 Ton Roller including Trailer 3 - 5 Ton Roller Including Trailer Berm Machine Minimum Charge Bobcat with Bucket Bobcat with Grinder Arrow Board with Truck Attachment A $ 55.00 Per Hour $ 82.50 Per Hour $ 110.00 Per Hour $ 325.00 Per Day $ 315.00 Per Day $ 300.00 Per Day $ 390.00 Per Day $ 150.00 Per Day $ 275.00 Per Day $ 505.00 Per Day $ 505.00 Per Day $ 250.00 Per Day $ 245.00 Per Day $ 150.00 Per Day $ 500.00 Per Day $ 550.00 Per Day $ 250.00 Per Day STANDARD SET - ( COMMON REPAIR CREW ) Four Man Crew Skiploader Dump Truck 3 - 5 Ton Roller Flatbed with Compressor & Tools $ 3,100.00 Per Day Less than 8 Hours - ( 4 Hour Minimum) $ 1,600.00 Per Day MATERIALS Asphalt $ 85.00 Per Ton Asphalt Plant Opening on Saturdays $ 1,500.00 + Base Rock Class II $ 18.00 Per Ton Tack Material $ 4.00 Per Gallon Concrete $ 650.00 Min. Load Concrete after 4 Yards $ 150.00 Per Yard NOTE: SUBJECT TO MATERIAL AVAILABILITY & OIL PRICE FLUCTUATIONS. NOTE: IMPERIAL PAVING COMPANY PROVIDES THE FOLLOWING SERVICES: EXCAVATION, GRADING, PAVING, CONCRETE, SEAL COATING AND STRIPING. (562) 944-0975 • (714) 523-4492 • (800) 634-3923 • Fax (562) 944-0984 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND NPG CORPORATION FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS THIRD AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and NPG Corporation a Corporation, (hereinafter referred to as "Contractor"). 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, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula", in the amount of $50,000. b. On June 9, 2009, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula," to extend the term to June 30, 2010 and to increase the payment in the amount of $50,000. c. On July 1, 2010, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2011, increase the payment in the amount of $50,000, and revise the Notice section. d. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $50,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Schedule of Costs, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The THIRD Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000), for additional 1 Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA NPG CORPORATION (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR By: Jeff Nelson, President Sharon Nelson, CFO NPG Corporation Jeff Nelson, President P 0 Box 1515 Perris, CA 92571 (951) 940-0200 (951) 940-9192 Fax FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 soN ,pxf fL NPG INC ASPHALT SERVICES State 195E Your Assurance or Quality SEAtiS Nelson Paving & GoldStar Asphalt Products Paving & Grading Equipment / Labor Rental Rates GENERAL LABOR Foreman W/ Truck Raker / Laborer PCC / Form Setter Attachment A STANDARD OVERTIME DOUBLE TIME 92.00 138.00 184.00 63.00 94.50 126.00 63.00 94.50 126.00 OPERATORS Travel Time Paving Machine / Screed Man Roller Man Dump Truck Hot Crack Fill Melter Seal Buggy Add 112 Hour Overtime for Paving Machine Operator Fire Up 45.00 68.00 68.00 68.00 68.00 68.00 102.00 102.00 102.00 102.00 102.00 136.00 136.00 136.00 136.00 136.00 PAVING EQUIPMENT HOUR RATE DAY RATE 05' Cedar Rapids 361 Paving Machine (Rubber Tire) 8' -16' 165.00 Cedar Rapids 552 Paving Machine (Rubber Tire) 10'-21' 165.00 NEW 05' Cedar Rapids 561 Paving Machine (Track Paver) 10'-21' 165.00 NEW 07' Leeboy 5000LD Path Master (Track Paver) 5'-9' 160.00 NEW 06' Oil Spreader Truck (2,000 Gal.) $750.00 Mobilization Inc. 2hrs. of Spreading $150.00 per hr. thereafter & $550.00 per ton for oil Automatics 200.00 Crew Truck / Form Truck 325.00 Asphalt Berm Machine 350.00 200 Gallon Tack Rig 250.00 Asphalt Roller DD24 & DD28 (3-5 ton) 300.00 Asphalt Roller DD68 (5-8 ton) 400.00 Asphalt Roller Cat 0622 (10-12 ton) 475.00 HEAVY EQUIPMENT HOUR RATE 05' John Deere Skip Loader 4WD Operated 95.00 05' John Deere 3 Yard Loader Operated 135.00 05' John Deere 770 Blade Operated 135.00 860A Scraper Operated 135.00 863 Bobcatw/Attachments Operated 375.00 2000 Gallon Water Truck Operated 85.00 10 Wheel Dump / End Dump Operated 105.00 Backhoe W/ 16' Extender Broce Kick Broom Compressor Bare w/90.Ib Hammer Traffic Control Arrow Board CRACK FILL EQUIPMENT OJK 250 Metter EZ Pour 50 Pour Pot / Kettle SEAL COAT EQUIPMENT DA350 Seal Buggy 5T550 Seal Tank Trailer ST2500 Tanker w/12' Hyd Spreader ** 1 Hr. Clean Up Charge ST2500 Tanker EQUIPMENT MOVES Paving Machine / Loader 1 Blade Roller / Kick Broom / Backhoe Operated Operated HOUR RATE HOUR RATE 250.00 185.00 150.00 DAY RATE 350.00 350.00 250.00 150.00 DAY RATE 375.00 100.00 25.00 DAY RATE 400.00 100.00 1st hr there after FLAT RATE 600.00 In/Out 350.00 In/Out **Any Moves Outside A 40 Mile Radius From Our Location Will Be Billed A Hourly Rate of $120.00 Per Hr Portal -to -Portal + Permits "T&M Rentals Will Be Charged A $75.00 Fuel Surcharge Per Rental Day For Each Piece Of Equipment Ordered. Post Office Box 1515 * Perris, CA 92571 Phone: (951) 940-0200 Fax: (951) 940-9192 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND REPUBLIC ITS FOR CITY STREET LIGHT MAINTENANCE FISCAL YEAR 2011-2012 THIS SECOND AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Republic ITS, a Corporation, hereinafter referred to as "Contractor"). 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, 2009, the City and Contractor entered into that certain Agreement entitled "Agreement for City Street Light Maintenance", in the amount of $30,000. b. On June 8, 2010, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for City Street Light Maintenance" to extend the term of the agreement to June 30, 2011, to increase the payment in the amount of $30,000 and revise the Written Notice Section. c. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $20,000, and amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000) for additional City Street Light Maintenance for a total Agreement amount of Eighty Thousand Dollars and No Cents ($80,000). 4. 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 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA REPUBLIC ITS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR By: James A. Wagner, VP Engineering Jeffrey L. Asch, VP/Secretary/Treasurer REPUBLIC ITS Jill Petrie 2240 Business Way Riverside, CA 92501 951/ 784-6600 FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 N O N O M m 0 0 O N 3 N N 0 a 0 a` U 0 co 0 v 0 2 s 07 J 0) L 65 • O) 5 C • 0 E ° - H nai o , a O O a Y 0 iia 0 On Call response Services E Labor Rates v, 0) CO 69 h m V3 CO M O N 0) 69 r N a Ci N 04 M V3 co co O N m fA 69 co m 69 N a 0 CO 69 0) 0) CO 69 N N m co cotn rn 64 09 CO N Yi N O Di ._ o. m 69 69 CO M '07) M n w 69 O 69 0 M fA m 69 69 Construction Forman on E 0 0) U N 0 Lab Technician C4 E a v E co E m `o a _ '0 16 '0 U 0 O °2 10A N m T L a 0 LL • 3 o o -0(.2 co 0 0 2 m o • 0 O E ✓ N O '5 2 m o • d co m E E co, 0 c m w E a c `m o o 0) 0 • a a N N c D N • N 0 ipment Rates W 0 69 co co0 m N a uo N 69 M n co 69 N a N fA r 49 M W N L N 0. to - N N h co m O 69 L N a coDD 03 69 N O co O N O 69 64 m 0 0 co tocoE E N 2 E m Bucket Truck Service Truck 0 o. E 0 Saw cutting per linear foot b co m CO LO T CD co m CO 0) 60 N m e0.0 co 0 CD N C M a co E 0 60 A 69 0 0 00 64 m n N E N 0 0 J `o 0 m 0 O on Materials 2 Attachment A THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PACIFIC STRIPING, INC. FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS THIRD AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Pacific Striping, Inc., a Corporation, hereinafter referred to as "Contractor"). 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, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula", in the amount of $100,000. b. On June 9, 2009, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2010, and increase the payment in the amount of $100,000. c. On July 1, 2010, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2011, to increase the payment in the amount of $100,000 and revise the Written Notice section. d. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Ag ree me nt. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" 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, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The THIRD Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for 1 additional Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula for a total Agreement amount of Four Hundred Thousand Dollars and No Cents ($400,000). 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA PACIFIC STRIPING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR By: Scott Fisher, President Greg Fisher, Secretary/Treasurer PACIFIC STRIPING, INC. Scott Fisher, President P.O. Box 1691 Whittier, CA 90609 562/945-7805 FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 Pacific Striping Inc. P.O. Box 1691 Whittier, CA 90609 562-945-7805 LIcence#485696 Expires 1-31-2006 Fax 562-945-7805 Time and Materials Spreadsheet PROJECT: PuFmc uJoev- OWNER/CONTRACTOR: CI- viY -),,,ACu LA - WORK AUTHORIZED BY: Fe, 9I-4 DESCRIPTION: s: 0 kJ -CI No v)Pct N41-1:),-/ 0 t4 E. Ci24\ 0,00-C12 Teri e/r\-- <i)tc-S Attachment A START DATE: -Ito FINISH DATE: ((., / CJ J COMPLETION STATUS: Vi1OPERATED PACIFIC STRIEING tt OF TOTAL RATE REG RATE OT RATE 1>arclopryieNT UNITS HRS $/HR AMOUNT LABOR , HRS, SII -IR HRS?, . , , . SikiR •.,„ •.4990WIL-..-1:: 330 Galon Cap. Road Striping Truck 5150,00 Owner $61.00 $91.50, Slake bed 1 Ton 575.00 Operator 557.00 585.50 Stenciling_Truck 1 ton 5100.00 Laborer 548.00 572.00 Stenciling Truck 114 ton , 575.00 Pavemant Marker Application Truck 5125.00 Thermo AppIrcation Truck 5125.00 Thermo Applicator $25.00 Traffic Control Truck 550.00 Sandblast Rig 5100.00 Crash Truck 5100.00 50,00 50.00 50.00 50.00 50.00 50.00 $0.00 50.00 50.00 50,00 50.00 50.00 50.00 50.00 50.00 50.00 50,00 $0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Total Operated Franklin Equipment: Total Franklin Labor: 50.00 50.00 $0.00 50.00 50,00 50.00 50.00 50.00 50.00 • '.' -A '. AbitifiNt sr" Construction Signs HR 51.50 Cones HR 50.15 Baricades HR 51.00 Slide Hammer HR 50.50 Trash Barrels HR 50.25 Arrowboard 510.00 Message Board 525.00 Total Franklin Small Tools: 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Moo 50.00 Pacific Equipment, Labor, & Small Tools: (Markup Included) Sub -Total: $0.00 Z,,M4TM:Ak§111991:1)?c) . , CITY ,JUNIT , RATEApiI,CyNT .,, , TRUCKING, , . ...., ., „. , ,Ct„rt , UNIT .. Rkik., , , Paint Gal 510.00 50.00 Low Bed HR 580.00 Beads Lbs 50.50 50.00 Double -Bottom HR Asphalt Lbs 50.50 50.00 Semi -Bottom HR 575.00 575.00 Markers Ea- 52.50 50.00 Transfer HR Signs _ Ea 5100,00 $0.00 End Dump HR 575.00578.00 50.00 Ten Wheeler HR 570.00 50.00 50.00 500 50.00:0 50 .00 Total Trucking. Total Materials: tITAL Eel:AN/Jew • Total Rental Equipment: 50.00 $0.00 50.00 50.00 itacomi.otoks , my- - um' -Ake, -Am- ;Fr 50.00 50.00 50.00 Total Subcontractors: 50.00 DATE OWNER'S REPRESENTATIVE (Work Acknowledgment) Material, Trucking, Rental, & Subs: • - - GRAND TOTALS: Sub-SubTotak Markup (% and $): SubTotak 50.00 50.00 50.00 50.00 $0.00 $0.00 50.00 50.00 50.00 50.00 50.00 Total Cost w/ Markup: Bond Fee (% and $): 0.00% TOTAL EXTRA WORK: $0.00 $0,00 $0.00 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RENE B. MARTINEZ, SR. dba RENE'S COMMERCIAL MANAGEMENT FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS THIRD AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and RENE B. MARTINEZ, SR. dba RENE'S COMMERCIAL MANAGEMENT, (hereinafter referred to as "Contractor"). 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, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula", in the amount of $200,000. b. On June 9, 2009, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula," to extend the term to June 30, 2010 and to increase the payment in the amount of $200,000. c. On July 1, 2010, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2011, to increase the payment in the amount of $200,000, and revise the Written Notice section. d. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Schedule of Costs, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of 1 payment, are null and void. The THIRD Amendment amount shall riot exceed Two Hundred Thousand Dollars and No Cents ($200,000), for additional Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula for a total Agreement amount of Eight Hundred Thousand Dollars and No Cents ($800,000). 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RENE B. MARTINEZ, SR. dba RENE'S COMMERCIAL MANAGEMENT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Rene B. Martinez, Sr. Owner Peter M. Thorson, City Attorney CONTRACTOR Rene's Commercial Management Attn: Rene B. Martinez, Sr. 1002 Luna Way San Jacinto, CA 92583 (951) 487-0247 FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 Attachment A Rene's Commercial Management 1002 Luna Way * San Jacinto, CA 92583 * Tel. (951) 487-0247 * Fax (951) 487-0479 CLIENT: City of Temecula, CA DATE: May 25, 2011 TIME & MATERIAL RATES FOR JULY 2011 / 2012 WEED SPRAYING: 1) Pre -emergent Applications: a) Sensitive Areas (Landscape areas): b) Non -sensitive Areas (Roadsides): 2) Post -emergent Applications: (Older, larger weeds, higher rates) NOTE: (1 mile = 5,280 ft. x 8 ft. wide = about 1 acre) MECHANICAL WEED ABATEMENT: Forman & Pick-up Man / Equipment Per Hour $40.00 $32.50 Overtime Rate $45.00 $37.00 GENERAL LABOR, TRASH PICK-UP, HAULING, ETC: Per Hour Foreman & Pick-up $38.00 $275.00/Ac $285.00/Ac $225.00/Ac Emergency Response Rate $55.00 $45.00 Overtime Rate Emergency Response Rate $42.00 $55.00 Per Man Hour $30.50 $37.00 $45.00 TRACTOR / MOWING: Equipment with Operator: $85.00 /Hr. (Minimum 4 Hours Charge) (Rate includes transportation cost) All of these rates reflect current "Prevailing Wage and Certified Payroll': Rene B. Martinez Sr. — Cellular Phone: (951) 830-0239 — 24 Hours Item No. 12 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 28, 2011 SUBJECT: Award of a Construction Contract for the Citywide Slurry Seal Project FY2010- 11, Chardonnay Hills and a Portion of Paseo Del Sol, Project No. PW11-02 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: 1. Award the construction contract, effective July 1, 2011, for Project No. PW11-02, Citywide Slurry Seal Project FY 2010-11, Chardonnay Hills and a Portion of Paseo Del Sol, to American Asphalt South, Inc. in the amount of $257,837.34. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $64,459.34 which is equal to 25% of the contract amount. 3. Make a finding that the Citywide Slurry Seal Project FY 2010-11 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The Citywide Slurry Seal Project FY 2010-11, is an annual project that will utilize either Rubberized Emulsion Aggregate Slurry (REAS), Tire Rubber Modified Slurry Seal (TRMSS) or Rubber Polymer Modified Slurry (RPMS) to seal the roadways in the project area against water intrusion and help protect the asphalt concrete pavement wearing surface. Ideally, slurry seal is applied every five to seven years to prolong pavement life and delay more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Slurry sealing involves cleaning and sealing the existing cracks on the roadway surface, applying the slurry, and restoring pavement delineation. On April 19, 2011, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids. On June 9, 2011, Five (5) bids were electronically opened and publicly posted on PlanetBids. The results were as follows: 1. American Asphalt South, Inc. $ 257,837.34 2. Pavement Coatings Company $ 307,591.34 3. Valley Slurry Seal $ 328,763.39 Roy Allan Slurry Seal, Inc. Doug Martin Non-responsive Non-responsive Staff has reviewed the bids and found American Asphalt South, Inc. to be the lowest responsible bidder. American Asphalt South, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. Staff has deemed the bids submitted by Roy Allan Slurry Seal, Inc. and Doug Martin as non- responsive due to the fact that the City did not receive their original bid bonds within the 24-hour period as required by the project Specifications, Notice Inviting Bids Section Number "7" and Instruction to Bidders, Section 2, "Proposal", Item Number "i." Staff is recommending the approval of a 25% contingency due to the fact that the lowest bid price is much lower than the Engineer's Estimate. Approving the 25% contingency will allow staff to expand the slurry area in the Paseo Del Sol area and include more streets in need of slurry seal work. In addition, a portion of the contingency will still be allocated for unforeseen and changed conditions. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Citywide Slurry Seal Project FY 2010-11 Project consists of removing existing striping, crack sealing and slurring existing streets within the City limits, therefore there are no new disturbed areas subject to MSHCP fees, and thus this project is exempt. The Engineer's Estimate for the work is $465,937.00. The specifications allows for a work schedule of 35 working days. FISCAL IMPACT: The Citywide Slurry Seal Project FY 2011-12 is funded with the FY 2011-12 Public Works Department Maintenance Division Budget for Routine Street Maintenance, with Measure A revenues. Adequate funds will be available in the Routine Street Maintenance account effective July 1, 2011, to cover the requested budget of $322,296.68, which includes the $257,837.34 contract plus the 25% contingency of $64,459.34. ATTACHMENTS: 1. Contract 2. Slurry Seal Street List (2 pages) CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR CITYWIDE SLURRY SEAL PROJECT FY 2090-2011 PROJECT NO. PW11-02 THIS CONTRACT, made and entered into the 1s` day of July, 2011 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and "American Asphalt South, Inc." a corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW11-02, CITYWIDE SLURRY SEAL PROJECT FY 2010-2011, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications ,(latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW11-02, CITYWIDE SLURRY SEAL PROJECT FY 2010-2011. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW11-02, CITYWIDE SLURRY SEAL PROJECT FY 2010-2011. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW11-02, CITYWIDE SLURRY SEAL PROJECT FY 2010-2011 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: Two Hundred Fifty Seven Thousand Eight Hundred Thirty -Seven and Thirty -Four Cents ($257,837.34), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Thirty Five (35) Working Days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, as approved by the Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the mariner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests riot paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ nor any person with an ownership interest in the CONTRACTOR has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: CONTRACTOR American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92337 (909) 427-8276 By: Jeff Petty, Vice President By: Lyle Stone, Secretary (Signatures of two corporate officers required for Corporations) CITY OF TEMECULA By: Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney PW 11-02 Chardonnay Hills Slurry Seal Streets Sub Areas Sub A Width Square Feet CHABLIS CT 37 15,096.00 CHENIN BLANC ST 37 46,287.00 MERLOT CREST 37 27,010.00 MERLOT CT 37 7,474.00 PINOT BLANC CT 37 7,400.00 RIESLING CT 37 29,267.00 SAUVIGNON CIR 37 3,700.00 VINEYARD AV 37 48,655.00 ZINFANDEL AV 37 52,910.00 sub total: 237,799.00 Sub B AHERN PL 41 15,785.00 BRITTON CIR 37 50,468.00 BURGESS CT 37 22,570.00 CHEMIN CHEVALIER 37 21,090.00 CHEMIN DOMAINE 37 3,774.00 CONCANNON CT 37 4,995.00 COUR CITRAN 37 9,065.00 CULBERTSON LN 37 49,247.00 HEITZ LN 37 50,838.00 PARDUCCI LN 41 10,250.00 PROMENADE BORDEAUX 41 39,893.00 SEBASTIAN! CIR 37 10,582.00 SIMI CT 37 19,314.00 SONOMA LN 37 24,050.00 WEIBEL CIR 37 11,100.00 PROMENADE CHARDONNAY 41 81,385.00 sub total: 358,153.00 Sub C AHERN PL 41 26,568.00 ALTON CT 37 22,385.00 AVENIDA MALLARI 37 15,466.00 AZUCENA CT 37 4,551.00 CALLE ELENITA 37 42,069.00 CARLENA LN 37 20,572.00 CEBU DR 37 80,572.00 CORTE CYNTHIA 37 7,400.00 DANIEL WY 37 17,501.00 JULO WY 37 19,684.00 PASOS PL 37 17,612.00 POOLE CT 37 21,497.00 sub total: 295,877.00 PW 11-02 Chardonnay Hills Slurry Seal Streets Sub D CAFERA LN 37 5,402.00 DURNEY CT 37 5,735.00 HEITZ LN 37 21,127.00 MONTELENA CIR 37 6,882.00 VINTAGE CIR 37 33,337.00 sub total: 72,483.00 Total: 964,312.00 PASEO DEL SOL FY 2010-11 (March 30, 2011) AREA NUMBER STREET LENGTH PAVING AREA Area 3 ABETO WY 210.10 Area 3 ALTAMURA CT 669.32 Area 3 BERGAMO CT 828.16 Area 3 BREWSTER CT 453.45 Area 3 CALABRO ST 1,330.60 Area 3 CALABRO ST 272.87 Area 3 CALABRO ST 200.43 Area 3 CASSINO CT 738.27 Area 3 CASSINO CT 247.64 Area 3 CASSINO CT 199.72 Area 3 CORBIE ST 199.23 Area 3 CORBIE ST 278.19 Area 3 CORBIE ST 321.17 Area 3 FASSANO CT 757.61 Area 3 GALATINA ST 227.88 Area 3 GALATINA ST 1,175.78 Area 3 JEREZ LN 185.00 Area 3 MAGENTA CT 518.79 Area 3 MODENA DR 831.52 Area 3 MODENA DR 639.68 Area 3 MODENA DR 705.97 Area 3 NANTES CT 409.48 Area 3 ORTONA ST 229.36 Area 3 ORTONA ST 304.18 Area 3 ORTONA ST 192.01 Area 3 SAN MARCO DR 185.00 Area 3 SAN MARCO DR 207.40 Area 3 SAN MARCO DR 274.25 Area 3 SAN MARCO DR 295.14 Area 3 SAN MARCO DR 182.74 Area 3 SAN MARCO DR 145.38 Area 3 SAN MARCO DR 651.14 Area 3 TYLMAN ST 1,071.58 8,404.00 26,772.80 33,126.40 18,138.00 53,224.00 10,914.80 8,017.20 29,530.80 9,905.60 7,988.80 7,969.20 11,127.60 12,846.80 30,304.40 9,115.20 47,031.20 7,400.00 20,751.60 33,260.80 25,587.20 28,238.80 16,379.20 9,174.40 12,167.20 7,680.40 7,400.00 8,296.00 10,970.00 11,805.60 7,309.60 5,815.20 26,045.60 42,863.20 Total 15,139.04 605,561.60 Area4 ANGELO DR 279.10 11,164.00 Area4 ANGELO DR 468.49 18,739.60 Area4 ANGELO DR 444.03 17,761.20 Area4 CALLE PORTOFINO 178.78 7,151.20 Area4 CAMPO DR 806.58 32,263.20 Area4 CAMPO DR 253.97 10,158.80 Area4 CAMPO DR 393.49 15,739.60 Area4 CAMPO DR 238.51 9,540.40 Area4 CAMPO DR 790.30 31,612.00 Area4 CHICO CT 197.46 7,898.40 Area4 CORTE CARA 218.29 8,731.60 Area4 DELTA WY 197.43 7,897.20 Area4 DODARO DR 252.56 10,102.40 Area4 DODARO DR 215.98 8,639.20 Area4 DODARO DR 225.84 9,033.60 Area4 DODARO DR 280.44 11,217.60 Area4 DODARO DR 425.78 17,031.20 Area4 DODARO DR 197.37 7,894.80 Area4 DODARO DR 34.68 1,387.20 Area4 DODARO DR 207.84 8,313.60 Area4 DODARO DR 236.97 9,478.80 Area4 LAMA CT 417.66 16,706.40 Area4 MONTE CT 494.67 19,786.80 Area4 PAISANO CT 376.60 15,064.00 Area4 PALACIO ST 269.76 10,790.40 Area4 PALACIO ST 273.32 10,932.80 Area4 ROSA CT 675.65 27,026.00 Area4 ROSADO CT 422.08 16,883.20 Area4 TARA ST 320.48 12,819.20 Area4 TERRA CT 170.34 6,813.60 Area4 TRAVIATTA CT 247.46 0.00 Area4 TRAVIATTA CT 215.60 0.00 Area4 VIA CAMPO 218.55 8,742.00 Total 10,646.06 407,320.00 Item No. 13 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 28, 2011 SUBJECT: Award of a Construction Contract for the Citywide Concrete Repairs - FY2010- 11, Project No. PW11-03 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP Kendra Hannah-Meistrell, Associate Engineer- CIP RECOMMENDATION: That the City Council: 1. Award a construction contract, effective July 1, 2011, for Citywide Concrete Repairs - FY2010-11, Project No. PW11-03, to B&T Works, Inc. in the amount of $280,721.00; 2. Authorize the City Manager to approve change orders up to 25% of the contract amount, $70,180.25; 3. Make a finding that the Citywide Concrete Repairs - FY2010-11 Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On April 19, 2011, City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs - FY2010-11, Project No. PW11-03. This is an annual project which repairs various concrete facilities maintained by the City. The project consists of the removal and replacement of damaged curb & gutter, sidewalk, driveway approaches, under sidewalk drains, cross gutters, ADA ramps and spandrels at various locations. Six (6) bids were received and publicly opened on Thursday, June 9, 2011. The results were as follows: 1. B&T Works, Inc. $ 280,721.00 2. Black Rock Construction Company, Inc. $ 320,000.00 3. Bravo Concrete Construction Services, Inc. $ 325,985.00 4. Above All Names Construction Services, Inc. $ 347,777.77 5. S. Parker Engineering, Inc. $ 381,000.00 Ranch Rock Corporation Non-responsive Ranch Rock Corporation's bid was deemed non-responsive during the bid analysis because the bidder failed to sign the bid proposal. Staff has reviewed the bid proposals and found B&T Works, Inc. of Wildomar, California to be the lowest responsible bidder for this project. B&T Works, Inc. has completed similar work for the City of Temecula. The Engineer's Estimate for the project was $350,000.00. The project specifications allow for forty (40) working days, which is an approximate duration of two (2) months. Due to the amount of the lowest bid, staff is requesting the authorization of a 25% contingency to perform additional concrete repairs needed at various locations throughout the City. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Citywide Concrete Repairs - FY2010-11 Project consists of the removal and replacement of concrete facilities within the existing improved right-of-way, therefore there is no new disturbed area subject to the 5% MSHCP fees, thus the project is exempt. FISCAL IMPACT: On July 1, 2011, adequate funds will be available in the Department of Public Works Maintenance Division FY 2011-2012 Budget for Routine Street Maintenance on for the contract amount of $280,721.00 plus the 25% contingency amount of $70,180.25 for a total encumbrance of $350,901.25. ATTACHMENTS: 1. Contract 2. Citywide Concrete Repair List CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR CITYWIDE CONCRETE REPAIRS - FY2010-11 PROJECT NO. PW11-03 THIS CONTRACT, made and entered into the 1st day of July, 2011 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and B&T Works, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CITYWIDE CONCRETE REPAIRS - FY2010-11, PROJECT NO. PW11-03, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE CONCRETE REPAIRS - FY2010-11, PROJECT NO. PW11-03. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for CITYWIDE CONCRETE REPAIRS - FY2010-11, PROJECT NO. PW11-03. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise CONTRACT C-1 C YProgram FIesWeevia.CornTomnrnt Converterherrpli00473I docx specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITYWIDE CONCRETE REPAIRS - FY2010-11, PROJECT NO. PW11-03 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED EIGHTY THOUSAND SEVEN HUNDRED TWENTY ONE DOLLARS and ZERO CENTS ($ 280,721.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed forty (40) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed CONTRACT C-2 C YProgram FIesWeevia.CornTomnrnt Converterherrpli00473I docx according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California CONTRACT C-3 C YProgram FIesWeevia.CornTomnrnt Converterherrpli00473I docx Department of Industrial Relation's Internet Web Site at http:llwww.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT, and/or TEMECULA REDEVELOPMENT AGENCY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CONTRACTOR. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. CONTRACT C-4 C YProgram FIesWeevia.CornTomnrnt Converterherrpli00473I docx 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: CONTRACT C-5 C YProgram FIesWeevia.CornTomnrnt Converterherrpli00473I docx Mailing Address: Greg Butler Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Greg Butler Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 CONTRACT C-6 C YProgram FIesWeevia.CornTomnrnt Converterherrpli00473I docx IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR B&T Works, Inc. 23905 Clinton Keith Road, Suite 114-351 Wildomar, CA 92595 951-775-6617 By: Giovanni Nanci Print or type NAME President Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT C-7 C YProgram FIesWeevia.CornTomnrnt Converterherrpli00473I docx City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOGAT ON .4.1 SCOPE OF WORK L w C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) Solana Way NIB 120' before Margarita Rd Under Sidewalk Drain R & R Under Sidewalk Drain 1 41278 Margarita Rd before driveway approach Ramp Panel R & R Ramp Panel 9 63 41278 Margarita Rd before driveway approach Ramp Panel R & R Ramp Panel 8 H 64 41278 Margarita Rd before driveway approach Sidewalk R & R Sidewalk 11 6 72 41278 Margarita Rd after driveway approach Ramp Panel R & R Ramp Panel 8 8 64 41278 Margarita Rd after driveway approach Ramp Panel R & R Ramp Panel 7 10 70 Cervantes Way 30' east of Camino Campos Verdes Sidewalk R & R Sidewalk and Root Prune 21 6 126 40375 Odessa Dr Sidewalk R & R Sidewalk and Root Prune 32 6 192 Verdes Ln WJB 170' before Margarita Rd Sidewalk R & R Sidewalk and Root Prune 53 6 318 Verdes Ln WJB 70' before Margarita Rd Sidewalk R & R Sidewalk and Root Prune 21 6 126 Wincherster Rd EIB 300' before Roripaugh Rd by catch basin Spandrel R & R Spandrel -1 6 18 Wincherster Rd EIB 300' before Roripaugh Rd by catch basin Curb & Gutter R & R Curb & Gutter 10 10 Winchester Rd at Roripaugh Rd SIE corner Sidewalk R & R Sidewalk 5 13 65 Winchester Rd at Roripaugh Rd NIW corner by water breather pipe Sidewalk R & R Sidewalk 13 78 39936 Sweet Brier Cir Sidewalk R & R Sidewalk and Root Prune 24 6 144 Across from 39924 Sweet Brier Cir Sidewalk R & R Sidewalk and Root Prune 21 6 126 27572 Senna Ct Sidewalk R & R Sidewalk and Root Prune 13 6 78 27577 Senna Ct Sidewalk R & R Sidewalk and Root Prune 18 6 108 27565 Senna Ct Sidewalk R & R Sidewalk and Root Prune 11 6 66 Roripaugh Rd NIB 70' before Dandelion Ct Sidewalk R & R Sidewalk and Root Prune 40 240 Page 1 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) Roripaugh Rd al Dandelion Ct Ramp Panel R & R Ramp Panel and Root Prune 9 0 81 Roripaugh Rd at Dandelion Ct Ramp Panel R & R Ramp Panel and Root Prune 9 `; 81 Roripaugh Rd al Dandelion Ct ADA Access Ramp R &RADA Access Ramp and Root Prune 15 12 1+2 Roripaugh Rd al Dandelion Ct Sidewalk R & R Sidewalk and Root Prune 10 6 60 39674 Roripaugh Rd Sidewalk R & R Sidewalk and Root Prune 20 6 120 North General Kearny Rd at Salerno Rd NiE Corner Cross Gutter R & R Cross Gutter and Root Prune 12 11 132 North General Kearny Rd at Salerno Rd NiE Corner Curb & Gutter R & R Curb & Gutter and Root Prune 10 10 North General Kearny Rd at Salerno Rd NSE Corner Sidewalk R & R Sidewalk and Root Prune 10 3 3n North General Kearny Rd at Salerno Rd NiE Corner Spandrel R & R Spandrel and Root Prune 13 4 52 North General Kearny Rd at Salerno Rd Cross Gutter R & R Cross Gutter 11 12 132 North General Kearny Rd at Salerno Rd Cross Gutter R & R Cross Gutter 12 6 72 North General Kearny Rd at Salerno Rd SEE Corner Sidewalk R & R Sidewalk and Root Prune 12 1 72 North General Kearny Rd at Salerno Rd SEE Corner Ramp Panel R & R Ramp Panel and Root Prune 13 11 143 Salerno Rd at Milano Rd SN/ Corner ADRamcess p R &nR ADAAccess p 19 I 1 271 Quail Creek 01 at Springtime Dr Cross Gutter R & R Cross Gutter and Root Prune 11 6 66 Quail Creek 01 at Springtime Dr Cross Gutter R & R Cross Gutter and Root Prune 1'1 6 66 Winchester Rd WIB 280' before Rustic Glen Dr Sidewalk R & R Sidewalk 45 6 270 Winchester Rd at Promenade Mall East SIW corner Spandrel R & R Spandrel 15 15 225 Page 2 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 LOCATION Item SCOPE OF 41lORS L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) Ynez Rd N/B 50' before County Center Dr Driveway Approach R & R Driveway Approach 35 [ 210 Ynez Rd N/B 50' before County Center Dr Curb & Gutter R & R Curb & Gutter 35 35 41002 County Center Dr ADA Access Ramp R & R ADAAccess Ramp and Root Prune 11 6 66 41002 County Center Dr Sidewalk R & R Sidewalk and Root Prune 2'1 0 126 41002 County Center Dr Cross Gutter R & R Cross Gutter 13 6 78 41002 County Center Dr Cross Gutter R & R Cross Gutter 12 6 40750 County Center Dr Under Sidewalk Drain R & R Under Sidewalk Drain 1 Across from 40610 County Center Dr Sidewalk R & R Sidewalk and Root Prune 5 6 30 Across from 40610 County Center Dr Sidewalk R & R Sidewalk and Root Prune 1_' 6 72 40761 County Center Dr Curb & Gutter R & R Curb & Gutter 5 5 40925 County Center Dr Sidewalk R & R Sidewalk and Root Prune 15 90 SUBTOTALS - AREA 1 60 3205 618 467 210 295 2 Page 3 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) Overland Dr at Jefferson Ave NIE corner Ramp Panel R & R Ramp Panel 6 42 Overland Dr at Jefferson Ave NIE corner Ramp Panel R & R Ramp Panel 4 10 40 Overland Dr at Jefferson Ave NIE corner Spandrel R & R Spandrel 9 5 45 27315 Jefferson Ave by driveway approach Ramp Panel R & R Ramp Panel 8 9 72 42480 Rio Nedo by driveway approach Sidewalk R & R Sidewalk 21 i 189 42480 Rio Nedo by driveway approach Sidewalk R & R Sidewalk 5 6 30 Rio Nedo at Fuller Dr NiE corner Sidewalk R & R Sidewalk and Root Prune 10 10 100 Rio Nedo at Fuller Dr NIE corner Sidewalk R & R Sidewalk and Root Prune 1'I 6 66 Rio Nedo at Fuller Dr NiE corner Sidewalk R & R Sidewalk and Root Prune 13 H 104 43471 Business Park Dr Sidewalk R & R Sidewalk and Root Prune 15 6 90 43455 Business Park Dr Sidewalk R & R Sidewalk and Root Prune 15 4 60 43455 Business Park Dr by driveway approach Sidewalk R & R Sidewalk and Root Prune 17 1 68 43445 Business Park Dr by driveway approach Sidewalk R & R Sidewalk and Root Prune 21 6 126 43425 Business Park Dr by driveway approach Curb & Gutter R & R Curb &Gutter and Root Prune 25 5 43425 Business Park Dr by driveway approach Under Sidewalk Drain R & R Under sidewalk Drain and Root Prune 1 1 43425 Business Park Dr Sidewalk R & R Sidewalk and Root Prune 3 6 18 43425 Business Park Dr Sidewalk R & R Sidewalk and Root Prune 16 6 96 Across from 43280 Business Park Dr Sidewalk R & R Sidewalk and Root Prune 18 6 108 41915 Business Park Dr Sidewalk R & R Sidewalk and Root Prune 15 6 90 41915 Business Park Dr Driveway Approach R & R Driveway Approach and Root Prune 17 6 102 Page 4 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOGAT ON Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach(SF) Spandrel (SF) Under Sidewalk Drain (EA) 41915 Business Park Dr Curb & Gutter R & R Curb & Gutter and Root Prune 17 17 Rancho California Rd WIB 30' before Ridge Park Dr Sidewalk R & R Sidewalk and Root Prune 44 6 264 Rancho California Rd WIB 180' before Ridge Park Dr Sidewalk R & R Sidewalk and Root Prune 10 6 60 Rancho California Rd WIB 240' before Ridge Park Dr Sidewalk R & R Sidewalk and Root Prune 5 6 30 Rancho California Rd WIB 280' before Ridge Park Dr Sidewalk R & R Sidewalk and Root Prune 14 6 84 Across from 43460 Ridge Park Dr Sidewalk R & R Sidewalk and Root Prune 15 6 90 42255 Baldaray Cir Driveway Approach R & R Driveway Approach and Root Prune 12 11 1 _' 42255 Baldaray Cir Driveway Approach R & R Driveway Approach and Root Prune 12 I 1 T 42255 Baldaray Cir Driveway Approach R & R Driveway Approach and Root Prune 1.1 II 14 42255 Baldaray Cir Sidewalk R & R Sidewalk and Root Prune 8 11 88 42255 Baldaray Cir Sidewalk R & R Sidewalk and Root Prune H 11 88 28441 Felix Valdez Ave Sidewalk R & R Sidewalk 9 10 270 Main St BB 30' past Pujol St Sidewalk R & R Sidewalk and Root Prune 5 6 30 Main St E/B 30' past Pujol St Curb & Gutter R & R Curb & Gutter and Root Prune 5 5 42221 Main St by bridge Sidewalk R & R Sidewalk and Root Prune 20 5 120 Page 5 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) 42221 Main St by bridge Sidewalk R & R Sidewalk 9 [ 54 42221 Main Si by bridge Curb & Gutter R & R Curb & Gutter and Root Prune 20 6 42231 Main St by driveway approach Curb & Gutter R & R Curb &Gutier and Root Prune 21 21 42231 Main St by driveway approach Sidewalk R & R Sidewalk and Root Prune 55 6 330 42231 Main Si by driveway approach Sidewalk R & R Sidewalk and Root Prune 7 9 42 Pujol St NIB 50' past Main St Sidewalk R & R Sidewalk and Root Prune 20 6 120 28566 Pujol St Sidewalk R & R Sidewalk and Root Prune 15 9 90 28566 Pujol St Sidewalk R & R Sidewalk and Root Prune 20 6 120 28922 Pujol St by grate Sidewalk R & R Sidewalk 8 0 48 First S1 WB 130' past Front St Sidewalk R & R Sidewalk and Root Prune 63 9 378 Second Si EIB 50' past Front Si Sidewalk R & R Sidewalk and Root Prune 59 9 354 Second Si EIB 50' past Front Si Curb & Gutter R & R Curb & Gutter and Root Prune 11 11 Second St EIB 200' past Front St Sidewalk R & R Sidewalk and Root Prune 18 0 106 Forth Si at Front St NEE corner (colored concrete) Sidewalk R & R Sidewalk and Root Prune 4 9 24 Front Si at Moreno Rd Cross Gutter R & R Cross Gutter 17 11 187 Front Stat Moreno Rd Spandrel R & R Spandrel 13 4 52 41919 Moreno Rd by driveway approach Curb & Gutter R & R Curb &Gutter and Root Prune 40 4V Moreno Rd at Mercedes St driveway approach lo parking l01 behind post office Curb &Gutter R & R Curb & Gutter and Root Prune 27 7 Page 6 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) Moreno Rd at Mercedes S1 driveway approach to parking lot behind post office Ramp Panel R & R Ramp Panel and Root Prune 8 io 80 Moreno Rd al Mercedes St driveway approach lo parking l01 behind post office Ramp Panel R & R Ramp Panel and Rool Prune 8 to 80 Moreno Rd at Mercedes Si driveway approach to parking l01 behind post office Ramp Panel R & R Ramp Panel and Rool Prune 8 io 80 Moreno Rd V41/1350' before Front St Sidewalk R & R Sidewalk and Root Prune 30 0 180 Moreno Rd W18 150' before Front St Sidewalk R & R Sidewalk and Root Prune G 8, 54 Front St NIB 200' past Moreno Rd Sidewalk R & R Sidewalk and Root Prune 0 36 Front St NIB 200' past Moreno Rd Sidewalk R & R Sidewalk and Root Prune 6 0 36 Front Si NIB 200' past Moreno Rd Curb & Gutter R & R Curb &Gutter and Root Prune 40 00 Front St N1B 200' past Moreno Rd Spandrel R & R Spandrel and Root Prune 7 10 70 Front St N1B 200' past Moreno Rd Driveway Approach R & R Drive Approach and Root Prune 8 1 V H V Front Si NIB 200' past Moreno Rd Curb & Gutter R & R Curb &Gutter and Root Prune 7 1G 7 Jefferson Ave at Del Rio Rd east side Cross Gutter R & R Cross Gutter and Root Prune 27 0 162 Jefferson Ave at Del Rio Rd east side Spandrel R & R Spandrel and Root Prune 14 5 70 Across from 28011 Jefferson Ave on east side Curb & Gutter R & R Curb &Gutter and Root Prune 19 19 SUBTOTALS - AREA 2 238 4,637 149 0 580 237 1 Page 7 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 LOCATIONAiCfCATIONN Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) 29720 Rancho California Rd driveway approach to Target Center Cross Gutter R & R Cross Gutter 12 12 144 Rancho California Rd at Via Las Colinas (center median) Curb & Gutter R & R Curb & Gutter and Root Prune 15 15 Rancho California Rd at Via Las Colinas (center median) Sidewalk R & R Sidewalk and Root Prune 6 H I 8 Via Fanita at Preece Lane SIW corner Sidewalk R & R Sidewalk and Root Prune 33 6 198 Via Fanita at Preece Lane SIW corner Ramp Panel R & R Ramp Panel and Root Prune 8 IG 80 Via Fanita at Preece Lane SAN corner Ramp Panel R & R Ramp Panel and Root Prune 9 I o go Via Fanita at Preece Lane SAN corner ADA Access Ramp R &RADA Access Ramp and Root Prune 11 12 132 Via Fanita at Preece Lane SIW corner Sidewalk R & R Sidewalk and Root Prune 6 42 Via Fanita at Preece Lane NM corner ADA Access Ramp R &RADA Access Ramp and Root Prune 12 IG 120 Via Fanita at Preece Lane NM corner Curb & Gutter R &RCurb &Gutter and Root Prune 10 10 Via Fanita at Preece Lane NM corner Ramp Panel R & R Ramp Panel and Root Prune 8 9 72 Via Fanita at Preece Lane NM corner Ramp Panel R & R Ramp Panel and Root Prune 1'1 J 99 Via Fanita at Preece Lane NM corner Sidewalk R & R Sidewalk and Root Prune 6 6 36 Via Fanita at Preece Lane NM corner Sidewalk R & R Sidewalk and Root Prune 40 6 240 Across from 30116 Campo Verde Sidewalk R & R Sidewalk and Root Prune 25 6 150 Across from 30116 Campo Verde Sidewalk R & R Sidewalk and Root Prune 20 6 120 Page 8 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) Pauba Rd at Villa Alturas Dr NE corner Cross Gutter R & R Cross Gutter and Root Prune 17 6 102 Pauba Rd at Villa Alturas Dr NEE corner Spandrel R & R Spandrel and Root Prune 12 11 132 Pauba Rd at Villa Alturas Dr N48 corner Spandrel R & R Spandrel and Root Prune 16 17 272 Pauba Rd WIB 25' past Villa Alturas Dr Curb & Gutter R & R Curb &Gutter and Root Prune 11 11 Pauba Rd WIB 70' pass Villa Alturas Dr Curb & Gutter R & R Curb &Gutter and Root Prune 20 20 Pauba Rd WIB 50' east of Villa Alturas Dr Curb & Gutter R & R Curb &Gutter and Root Prune 125 125 30044 Villa Alturas Dr Curb & Gutter R & R Curb &Gutter and Root Prune 10 10 29801 Camino Del Sol Dr Curb & Gutter R & R Curb &Gutter and Root Prune 16 16 29801 Camino Del Sol Dr Curb & Gutter R & R Curb &Gutter and Root Prune 48 48 Center median across from 42681 Loma Portola Dr Curb & Gutter R & R Curb &Gutter and Root Prune 22 29 29961 Camino Del Sol Dr Curb & Gutter R & R Curb &Gutter and Root Prune 20 20 Center median across from 29981 Camino Del Sol Dr Curb & Gutter R & R Curb &Gutter and Root Prune 12 12 Center median across from 29981 Camino Del Sol Dr Curb & Gutter R & R Curb &Gutter and Root Prune 22 22 29991 Camino Del Sol Dr Curb & Gutter R & R Curb &Gutter and Root Prune 29 29 Page 9 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) 42721 Las Violetas 01 Curb & Gutter R & R Curb &Gutier and Root Prune 2: 25 Camino Del Sol Dr at Las Violetas Ci NMIcorner Curb & Gutter R & R Curb &Gutter and Root Prune 14 14 Rancho Vista Rd EIB 300' past Ynez Rd Curb & Gutter R & R Curb &Gutier and Root Prune 2'I 21 Rancho Vista Rd EIB 50' before Loma Portola Dr Curb & Gutter R & R Curb & Gutter 16 16 Rancho Vista Rd at Via Del Campo SEE corner Cross Gutter R & R Cross Gutter 0 1H 1GH 42850 Santa Suzanne PI Curb & Gutter R & R Curb &Gutier and Root Prune 11 11 42710 Santa Suzanne PI Curb & Gutter R & R Curb &Gutier and Root Prune 7 7 Across from 42162 Cosmic Sidewalk R & R Sidewalk and Root Prune & 6 240 Across from 30255 Rogue Cir Sidewalk R & R Sidewalk and Root Prune 1_' 6 72 Across from 42111 Humber Dr Sidewalk R & R Sidewalk and Root Prune 41 6 246 Across from 42111 Humber Dr Curb & Gutter R & R Curb &Gutter and Root Prune 9 c, Across from 42056 Humber Dr Curb & Gutter R & R Curb & Gutter 11 11 42043 Humber Dr Sidewalk R & R Sidewalk and Root Prune 34 6 204 41810 Rio Grande Dr Sidewalk R & R Sidewalk and Root Prune 34 6 204 41800 Rio Grande Dr Driveway Approach R & R Driveway Approach and Root Prune 12 6 41800 Rio Grande Dr Sidewalk R & R Sidewalk and Root Prune 3 6 IH SUBTOTALS - AREA 3 471 2, 120 354 252 72 4:14 0 Page 10 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) La Serena Way EIB 50' before South General Kearny Rd Curb & Gutter R & R Curb & Gutter 21 21 La Serena Way EIB 15' before South General Kearny Rd Curb & Gutter R & R Curb & Gutter 21 21 South General Kearny Rd SIB 300' past Bradford Dr by driveway approach Sidewalk R & R Sidewalk 17 6 102 La Serena Way at South General Kearny Rd SIE Corner ADA Ramcess P R &nRADAAccess p 11 La Serena Way at South General Kearny Rd SIE Corner Curb & Gutter R & R Curb & Gutter 12 12 La Serena Way WB 100' before South General Kearny Rd Sidewalk R & R Sidewalk and Root Prune 44 6 264 La Serena Way WB 250' before South General Kearny Rd Sidewalk R & R Sidewalk and Root Prune 121 6 726 Calle Pina Coloda 140' north of Salt River Ct Under Sidewalk Drain R & R Under Sidewalk Drain 1 Via Puerta SIB 25' before Camino Del Este Spandrel R & R Spandrel i5 3 Via Puerta 30' north of Camino Del Este Spandrel R & R Spandrel 5 12 60 Via Puerta 100' north of Camino Del Este Sidewalk R & R Sidewalk and Root Prune 26 6 156 Via Puerta NIB 150' before Camino Verde Sidewalk R & R Sidewalk and Root Prune 37 6 222 Via Puerta at Camino Verde SIE corner ADA Access Ramp R&RADAAccess Ramp and Root Prune 14 6 84 La Serena Way at Camino Corto NIE corner Cross Gutter R & R Cross Gutter 6 2 132 La Serena Way at Camino Corto NIE corner Spandrel R & R Spandrel 21 bu 315 La Serena Way at Via Halcon NIE corner Cross Gutter R & R Cross Gutter 12 12 144 La Serena Way WB 200' past Meadows Pkwy Driveway Approach Remove Sidewalk, Replace with DIA 32 6 19'; La Serena Way WB 200' past Meadows Pkwy Curb & Gutter R & R Curb & Gutter 32 32 La Serena Way WB 50' pass Calle Medusa Sidewalk R & R Sidewalk and Root Prune 25 6 150 Page 11 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) La Serena Way al Calle Medusa NIW corner Cross Gutter R & R Cross Gutter 15 1L 180 La Serena Way at Calle Medusa NIW corner Spandrel R & R Spandrel 8 I 1 88 Across from 40799 Calle Medusa Sidewalk R & R Sidewalk and Root Prune 10 6 60 Across from 40799 Calle Medusa Sidewalk R & R Sidewalk and Root Prune 10 6 60 Across from 40655 Calle Medusa Sidewalk R & R Sidewalk and Root Prune 10 6 60 Calle Medusa 40' past Windsor Rd east side Sidewalk R & R Sidewalk and Root Prune 10 6 60 Across from 40557 Calle Medusa Sidewalk R & R Sidewalk and Root Prune 20 6 120 Across from 40515 Calle Medusa Sidewalk R & R Sidewalk and Root Prune 15 6 90 Across from 40501 Calle Medusa Sidewalk R & R Sidewalk and Root Prune 20 6 120 Across from 40501 Calle Medusa Sidewalk R & R Sidewalk and Root Prune 10 6 60 40585 Calle Medusa Sidewalk R & R Sidewalk and Root Prune 16 91:1 40613 Calle Medusa Under Sidewalk Drain R & R Under Sidewalk Drain 1 1 40749 Calle Medusa Under Sidewalk Drain R & R Under Sidewalk Drain 1 1 La Serena Way at Poole Ct SIW corner Spandrel R & R Spandrel 5 35 La Serena Way al Poole Ct SIW corner Spandrel R & R Spandrel a 35 La Serena Way al Poole Ct south side Cross Gutter R & R Cross Gutter 8 6 4H La Serena Way at Poole Ct south side Cross Gutter R & R Cross Gutter 9 6 54 La Serena Way EIB 10' past Poole 01 Sidewalk R & R Sidewalk and Root Prune 24 6 144 La Serena Way al Promenade Chardonnay Hills SIW Forner Sidewalk R & R Sidewalk and Root Prune 8 H 64 Page 12 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 CICATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) La Serena Way at Promenade Chardonnay Hills 51I porner Sidewalk R & R Sidewalk and Root Prune 30 6 180 Promenade Chardonnay Hills Nib 150' before La Serena Wav Sidewalk R & R Sidewalk and Root Prune 17 6 102 Across from 41095 Promenade Chardonnay Hills Sidewalk R & R Sidewalk and Root Prune 19 6 114 Across from 32249 Chemin Laurent Sidewalk R & R Sidewalk and Root Prune 5 6 30 Promenade Chardonnay Hills SIB 50' past Chemin Laurent Sidewalk R & R Sidewalk and Root Prune 49 6 294 Promenade Chardonnay Hills NIB 30' before Cercle Beauregard (center median) Sidewalk R & R Sidewalk and Root Prune 77 154 Promenada Chardonnay Hills Nib 100' before Cercle Beauregard Sidewalk R & R Sidewalk and Root Prune 10 6 60 Rancho California Rd at Promenade Chardonnay Hills NIW corner Ramp Panel R & R Ramp Panel 16 I 1 176 Across from 31570 Paseo De Las Olas Sidewalk R & R Sidewalk and Root Prune 20 6 120 Paseo De Las Olas at Corte Salinas NII corner Cross Gutter R & R Cross Gutter 11 11 1'21 Paseo De Las Olas at Corte Salinas SIW corner Ramp Panel R & R Ramp Panel and Root Prune 10 9 90 Paseo De Las Olas at Corte Encinas NE corner Curb & Gutter R & R Curb & Gutter 13 13 Across from 31436 Royal Oaks Dr Sidewalk R & R Sidewalk and Root Prune 11 4 44 Across from 31436 Royal Oaks Dr Sidewalk R & R Sidewalk and Root Prune 11 4 44 Temeku Dr 170' before Pin Way south side Sidewalk R & R Sidewalk and Root Prune 30 4 120 Brassie Ln 150' north of Crystalaire Dr west side Sidewalk R & R Sidewalk and Root Prune 37 4 148 Brassie Ln 150' north of Crystalaire Dr west side Sidewalk R & R Sidewalk and Root Prune 8 4 32 Brassie Ln 150' north of Crystalaire Dr west side Driveway Approach R & R Driveway Approach and Root Prune 18 4 72 Brassie Ln 250' north of Crystalaire Dr west side Sidewalk R & R Sidewalk and Root Prune 51 4 204 Page 13 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 LOCATION 00 SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) Brassie Ln 100' before Niblick Rd Sidewalk R & R Sidewalk and Root Prune 16 4 64 Brassie Ln at Niblick Rd SIN corner Sidewalk R & R Sidewalk and Root Prune 15 4 60 Driver Ln NIB 30' before Honors Dr Sidewalk R & R Sidewalk and Root Prune 10 4 40 Driver Ln at Honors Dr NiE corner Sidewalk R & R Sidewalk and Root Prune 5 4 20 Driver Ln at Honors Dr NIE corner Ramp Panel R & R Ramp Panel and Root Prune 8 5 Honors Dr 20' past Drivers Ln Sidewalk R & R Sidewalk and Root Prune 21 4 H4 Margarita Rd NIB 200' past Rancho California Rd Sidewalk R & R Sidewalk and Root Prune 11 0 66 Rancho California Rd E/B 800' pass Margarita Rd Under Sidewalk Drain R & R Under Sidewalk Drain 2 2 Margarita Rd N1B 300' before Rancho California Rd Sidewalk R & R Sidewalk and Root Prune 19 0 114 Margarita Rd SIB 30' before Southern Cross Rd Sidewalk R & R Sidewalk and Root Prune 10 0 60 Margarita Rd SIB 30' past Southern Cross Rd Sidewalk R & R Sidewalk and Root Prune 60 G 360 Margarita Rd SIB 120' past Southern Cross Rd Sidewalk R & R Sidewalk and Root Prune 20 6 120 Across from 42690 Margarita Rd Sidewalk R & R Sidewalk and Root Prune 20 H 160 Margarita Rd SIB 50' before Rancho Vista Rd Sidewalk R & R Sidewalk and Root Prune 10 s 60 Margarita Rd NIB 200' past Rancho Vista Rd Sidewalk R & R Sidewalk and Root Prune 10 G 60 Margarita Rd NIB 250' past Rancho Vista Rd Sidewalk R & R Sidewalk and Root Prune 10 0 60 Via El Greco at Corte Tunas NM corner Cross Gutter R & R Cross Gutter 10 1G 100 Via El Greco at Corte Tunas NM corner Cross Gutter R & R Cross Gutter 10 0 60 Rancho Vista Rd al Paseo Goleta NIN corner Ramp Panel R & R Ramp Panel and Root Prune 12 10 1.0 Rancho Vista Rd at Paseo Goleta NIN corner Sidewalk R & R Sidewalk and Root Prune 9 J 54 Page 14 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 • LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) esSpandrel R Drive Approach (SF) (SF) Under Sidewalk k Drain (EA) 31761 Paseo Goleta Sidewalk R & R Sidewalk and Root Prune 5 6 30 Paseo Goleta at Corte Montecito SIE corner ADA Access Ramp R &RADA Access Ramp and Root Prune 15 1" Iso 3'1877 Corte Montecito Sidewalk R & R Sidewalk and Root Prune 40 6 240 31821 Corte Montecito Sidewalk R & R Sidewalk and Root Prune 14 6 84 Amarita Way NIB 170' before Via Denzo Sidewalk R & R Sidewalk and Root Prune 10 6 60 Amarita Way 150' past Via Ricci Sidewalk R & R Sidewalk and Root Prune 11 6 66 Corte Cabrera at Camino Casillas SIW corner Curb & Gutter R & R Curb & Gutter 11 11 43145 Corte Landeros Driveway Approach R & R Driveway Approach and Root Prune 9 6 51 43145 Corte Landeros Sidewalk R & R Sidewalk and Root Prune 6 6 36 43145 Corte Landeros Sidewalk R & R Sidewalk and Root Prune 4 6 24 Amarita Way NEB 300' before Via Rami Sidewalk R & R Sidewalk and Root Prune 23 6 138 31801 Via Campanario Sidewalk R & R Sidewalk and Root Prune 15 6 90 Across from 31801 Via Campanario Sidewalk R & R Sidewalk and Root Prune 20 6 120 Across from 31801 Via Campanario Sidewalk R & R Sidewalk and Root Prune 10 6 60 31807 Via Campanario Sidewalk R & R Sidewalk and Root Prune 20 6 120 Across from 31807 Via Campanario Sidewalk R & R Sidewalk and Root Prune 11 6 66 Cala Carrasco al Calle Veronica SIW corner Curb & Gutter R & R Curb & Gutter 10 10 Via Cerda SIB 30' before Corte Rimola Sidewalk R & R Sidewalk and Root Prune 32 192 Via Cerda SIB 80' before Corte Rimola Sidewalk R & R Sidewalk and Root Prune 23 6 138 Page 15 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 Via Raya 20' south of Amarita Way Sidewalk R & R Sidewalk and Root Prune 52 Sidewalk or C&G Cross Gutter ADA Access Res. Drive Spandrel Under Sidewalk W Ramp Panel (SF) (LF) (SF) (SF) Ramp (SF) Approach (SF) (SF) Drain (EA) 6 312 Via Alhama at Via Alora NIE corner Sidewalk R & R Sidewalk and Root Prune 15 6 90 Via Alora SB 30' before Amarita Way Sidewalk R & R Sidewalk and Root Prune 38 6 228 Amarita Way at Via Alora NIE corner ADA Access Ramp R & R ADAAccess Ramp 15 12 180 Monielegro Way SIB 100' before Calle Ballentine Sidewalk R & R Sidewalk and Root Prune 15 90 Via Cesario at Corte Argento NIW corner Sidewalk R & R Sidewalk and Root Prune 6 6 36 is Cesario at Corte Argento NIW corner Sidewalk R & R Sidewalk and Root Prune 37 6 222 Sunny Meadows Dr NB 200' before Corbie St by slop ahead sign Sidewalk R & R Sidewalk 12 72 SUBTOTALS - AREA 4 120 8,538 839 521 :318 558 Page 16 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOGATt0N Item SCOPE OF WORK 141 W C&G (LEI:,(SF) Sidewalk or Ramp Panel (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) 32225 Temecula Pkwy by driveway approach Curb & Gutter R & R Curb & Gutter 11 11 Temecula Pkwy EB 20' pass Meadows Pkwy Curb & Gutter R & R Curb & Gutter 13 13 32835 Temecula Pkwy east side of driveway approach Spandrel R & R Spandrel 18 9 162 Temecula Pkwy at Camino Del Sol NM corner Spandrel R & R Spandrel 8 6 4H Temecula Pkwy at Camino Del Sol NM corner Spandrel R & R Spandrel H 10 80 31853 Temecula Pkwy by catch basin Spandrel R & R Spandrel 14 6 84 Country Glen Way NIB 80' before Temecula Pkwy Sidewalk R & R Sidewalk and Root Prune 6 15 go 31935 Via Rio Temecula Rd Under Sidewalk Drain R & R Under Sidewalk Drain 31955 Via Rio Temecula Rd Under Sidewalk Drain R & R Under Sidewalk Drain 1 Redhawk Pkwy SIB 130' past Temecula Pkwy by driveway approach Sidewalk R & R Sidewalk 10 3 210 Redhawk Pkwy SIB 230' past Temecula Pkwy by catch basin Sidewalk R & R Sidewalk and Root Prune 11 3 56 Redhawk Pkwy NIB 40' past Via Rio Temecula Rd Sidewalk R & R Sidewalk and Root Prune 57 6 34 Redhawk Pkwy NIB 120' past Via Cordoba on north side Curb & Gutter R & R Curb & Gutier and Root Prune 50 50 Vail Ranch Pkwy EIB 150' before Valentino Way Sidewalk R & R Sidewalk and Root Prune 8 rs 48 Vail Ranch Pkwy al Overland Trail NIE corner Cross Gutter R & R Cross Gutter and Root Prune 13 12 155 Vail Ranch Pkwy al Overland Trail NIE corner Spandrel R & R Spandrel and Root Prune 12 8 96 Clubhouse Dr at Bard moor Dr NM corner ADA Access Ramp R &RADA Access Ramp and Root Prune 8 13 104 Page 17 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 City of Temecula Department of Public Works FY10-11 Concrete Repair List Project No. PW11-03 •LOCATION Item SCOPE OF WORK L W C&G (LF) Sidewalk or Ramp Panel (SF) (SF) Cross Gutter (SF) ADA Access Ramp (SF) Res. Drive Approach (SF) Spandrel (SF) Under Sidewalk Drain (EA) Clubhouse Dr at Bard moor Dr NM corner Ramp Panel R & R Ramp Panel and Root Prune 10 14 140 Clubhouse Dr at Bard moor Dr NM corner Sidewalk R & R Sidewalk and Root Prune 4:1 6 240 Clubhouse Dr at Palmetto Way SIE corner Ramp Panel R & R Ramp Panel 6 10 60 Clubhouse Dr at Palmetto Way SIE corner Ramp Panel R & R Ramp Panel 6 11 66 Clubhouse Dr at Palmetto Way SIE corner Ramp Panel R & R Ramp Panel 7 8 56 Clubhouse Dr at Palmetto Way SIE corner ADA Access Ramp R &RADA Access Ramp 8 12 95 45456 Clubhouse Dr by catch basin Curb & Gutter R & R Curb & Gutter 10 10 45456 Clubhouse Dr by catch basin Curb & Gutter R & R Curb & Gutter 8 8 45456 Clubhouse Dr by catch basin Spandrel R & R Spandrel 11 13 143 45456 Clubhouse Dr by catch basin Sidewalk R & R Sidewalk 8 6 48 45456 Clubhouse Dr by catch basin Sidewalk R & R Sidewalk 11 2 22 45456 Clubhouse Dr by catch basin Ramp Panel R & R Ramp Panel 14 10 140 Masters Dr at Clubhouse Dr SAN corner Spandrel R & R Spandrel 4 10 40 Masters Dr at Clubhouse Dr SN8 corner Spandrel R & R Spandrel I 1 45654 Masters Dr Sidewalk R & R Sidewalk 10 G 96 Pechanga Pkwy SB 100' before Via Consuelo Sidewalk R & R Sidewalk u 0 30 Wolf Creek Dr North at Pechanga Pkwy NIE corner Sidewalk R & R Sidewalk 5 6 30 wc,If Creek Dr North WB 50' before Pechanga Pkwy Sidewalk R & R Sidewalk 36 5 216 SUBTOTALS - AREA 5 02 1,920 156 200 0 30 GRAND TOTALS 984 20,429 2,316 1,440 1,189 2,234 10 Page 18 of 18 R:1CIPIPROJECTS\PW111PW11-03 Citywide PCC Repairs \Specs1PW11-03 Concrete Repair List 3-23-11 MINUTES OF ACTION OF BOARD OF DIRE:TORS The following action is taken by the Board of Directors of 13 & T .Works, Inc. a Ca:iforaia. Corporation, by written consent, without a meeting as of September 25, 2006, pursuant to Section 307(b) of the California Corporations Code permitting such action to be taken. ppointment rf Officers. The following resolution for the G.apei;:trnent of officers of the corporatior is hereby adopted: ...-.1•1!•':-0..‘14' P. 1 : rs?'1{s%;s/are P Bete to serve in the Fo11Tving offices: presieen:: Giovanni Nan;i Secretai : Giovanni Nanci • Treasure : Giovanni Nanci - Vioe ?residen until t ith acc esscrs s from oft3;,e c• are other take their : espeative off all be duly elected c1 c.ppoir,.ie. trtless :,he;' sign, e remcve:l vise, disqualified fi.,m serving Ps an officer of this corporation, to ce immediate:y upon such election. Miscellaneous ath.oe ization. foliowirg v sc,1utions are Ler-. t y adoptei: RESOLVED, t at the appropriate officers and agents of this corpora or. and its counsel be, and each of them, he execute all such docum may be in the judgment accomplish the purpose RESOLVED' foregoing resolutions a ratified, confirmed and eby is, authorized, empowered and directed to cake all such actions, nts and pay all such fees, in the name or on behalf of the corporation, as of any of them be necessary or appropriate to carry our the intent and to of each of the foregoing resolutions. URTHER, that any actions taken by such officers prior to the date of the opted hereby that are within the authority ,:onferred thereby are hereby • pproved as the acts and deeds of th.;1 corporation. ii?ailll:.i.-... V• itton .,..,all vv _l• ;, _ .•..:i_ c of . i ecoids of this corporation. Item No. 14 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Services DATE: June 28, 2011 SUBJECT: Acceptance of Grant Deed of Vail Ranch Open Space Lots PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the City Council approve and accept the Grant Deed for Lots 71 and 72 in Tract 28480 and Lots 77, 78 and 79 in Tract 23174-3. BACKGROUND: On July 1, 2001 the City of Temecula annexed the Vail Ranch Development into the City of Temecula. Vail Ranch is located in the south western section of the City and includes approximately 633 acres with both residential and commercial areas. Richmond American Homes built two residential tracts within Vail Ranch called Crown Hill (Tract 23174-3) and Cottage Glenn (Tract 28480). These residential developments are located on the west side of Butterfield Stage Road and to the north of Nighthawk Pass, these developments include perimeter parcels that make up the slopes along both streets. At annexation the Temecula Community Services District (TCSD) took over the perimeter slope landscape maintenance responsibility of the Vail Ranch area, through Service Level C. The entire Vail Ranch slope area is approximately 1,350,000 square feet and the parcels consists of approximately 10,250 square feet of that area. The TCSD has the rights to maintain the landscaping based on recorded landscape easements, but the underlying property owner of the parcels is Richmond American Homes. Richmond American Homes has requested that the City take over ownership of these parcels, they have provided clear title reports, which have been reviewed and approved by our City Attorney and a Phase I Environmental Site Assessment of the parcels which has been reviewed and approved by our Public Works Department. The developer will provide a policy of title insurance to accompany the transfer of title to the City. FISCAL IMPACT: There is no fiscal impact to this action. The TCSD has included these parcels in their Service Level C budget since annexation and appropriate funding is included in the Fiscal Year 2011-2012 Service Level C operating budget. All costs associated with the acceptance of the grant deed are paid by Richmond American Homes. ATTACHMENTS: Grant Deed Location Map RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula Attention: Office of the City Clerk Post Office Box 9033 Temecula, California 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [SPACE ABOVE FOR RECORDER'S USE ONLY] [ ] Portions of APN [X] All of APN 960-171-049, 960-171-050, 960-172-047, 960-172-046, 960-150-031, 960-172-044-9, 960-172-045-0 No Documentary Transfer Taxes Due: See Revenue & Taxation Code § 11922 and Government Code § 6103 GRANT DEED The undersigned grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RICHMOND AMERICAN HOMES OF MARYLAND, INC., a Maryland corporation, successor by merger to Richmond American Homes of California, Inc., a Colorado corporation hereby grants in fee to the CITY OF TEMECULA, a municipal corporation, the real property in the City of Temecula, County of Riverside, State of California more particularly described on Exhibit "A" and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are incorporated herein by this reference. 1 0027-62/deed.city/jfr Executed on .-_,t A IV ✓, , 2011 , at —A -7y- V , California. RICHMOND AMERICAN HOMES OF MARYLAND, INC., a Maryland corporation, successor by merger to Richmond American Homes of California, Inc., a Colorado corporation Type/Print Name Position Signature Type/Print Na Position Sovv,), l r +i V Cat, e VLA t n1 Signature pl"r C t °' 2 0027-62/deed.city/jlr STATE OF CA IFORNIA }ss. COUNTY OF Ona j 0,rM , before me, , a notary public, personally appeared ' UnG L VIc14hNu✓ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that he/sha/they executed the same in II-is/bar/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged CERA D. ENOS Commission # 1905368 i �� Notary Public - California z Orange County M Comm. Expires Sep 25, 2014 3 0027-62/deed.city/jlr EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Lots 77, 78 and 79 of Tract No. 23174-3 in the County of Riverside, State of California, as shown by Map recorded in Book 250, Pages 32 through 40, inclusive, of Maps, in the Office of the Riverside County Recorder. Lots 71 and 72 of Tract No. 28480 in the County of Riverside, State of California, as shown by Map recorded in Book 276, Pages 46 through 49, inclusive, of Maps, in the Office of the Riverside County Recorder. 0027.62/deed. city/jlr EXHIBIT "B" DRAWING DEPICTING PROPERTY 0027-62/deed. city/jjlr EXHI 1 2 JJ JJ 3 4 \ \ 1), o • 17. 100 50 100 200 GRAPHIC SCALE: 1"=100' PREPARED FOR: RICI-MOND AMERICAN HOMES 2171 C•1B•fuI. N•nm Bd1A 120 trrin•, CNit•ra1. 92017 (949) 467-2000 PREPARED BY: I I HUNSAKER & ASSOCIATES 1 R V 1 NE, I N C. PUNNING • ENONEHUNG • SURVEYING 1fis ltya • 9Nf•, O. sus • Pet MO swim. DI +0) SU10M9 8 9 77:\\ 73 72 3 SEE SHEET 2 SHEET 1 OF 3 F:\0581\Engineering\SY_Offsite\Exh B\SHT01.dwg ‹,</ 4‘</<;C\ 2 1 EXHI IT • II LOT 77 TRACT NO. 23174-3 M.B. 250/32-40 LOT 71 TRACT NO. 28480 M.B. 276/46-49 LOT 78 TRACT NO. 23174-3 M.B. 250/32-40 100 50 0 I u 100 200 GRAPHIC SCALE: 1" -100' PREPARED FOR: L1 1' RICxMOND AMERICAN HO -MES -- 6171 Calltomla Avenue Run. 120 (rMe, CaWorola 92817 (9N) 487-2100 PREPARED BY: HUNSAKER & ASSOCIATES I R V 1 N E INC. MANNING • ENGINEERING • SURVEYING Thee Nuhn • 1,414 CA 9Y91. !K $40 Sit•10D. F*01.4 S1Sa7S9 I ,I C\\ LOT 78 TRACT NO. 23174-3 M.B. 250/32-40 SHEET 2 OF 3 F:\0581\Engineering\SY_Offsite\Exh 8\SHT02.dwg S\TF ��cy,Z 1 41 40 42 43 1, EXHIBIII' 30 ,' 29 ,9 91 / -4) °O ,2 PREPARED f•OH: [ICI—MOI ! AMERICAN HOME 8 6t91 California Arena* guile 120 iniac. California 92019 040) 407-2000 t J PREPARED BY: HUNSAKER & ASSOCIATES IR V I N 1 , INC. PLANNING • O ONFdUNC • SURVEYRrC 91n0 Hys • 0W CA tYA• )It b40I$92101) • mew) MOM Ick\ 55 ;S)S-<\ / 56 c<>, 57/� / LOT 78 TRACT NO. 23174-3 M.B. 250/32-40 LOT 72 TRACT NO. 28480 M.B. 276/46-49 LOT 79 TRACT NO. 23174-3 M.B. 250/32-40 A g 100 50 0 ' 100 200 1 11 GRAPHIC SCALE: 1" =100' SHEET 3 OF 3 F:\0581\Engineering\SY_Offsite\Exh B\SHT03.dwg liN 1) nap is a user generated static output from n� only. Data layers that appear on this vise reliable. THIS MAP IS NOT TO BE / * # 4% .4' " .7 4+ 4* *,.soa , At *N 0.4 Oil W 1° I ,� pA' D N _ , 4 y . Or tis 4 ' n 4 fa an Internet mapping site and is for general map may or may not be accurate, current, or USED FOR NAVIGATION. ion Map %'ci % k • 0 , • 0,. k wo, 1 4%rt y/ ,* A44 # • • * 0 , s, 4 .64, •040 *04 X 41,, /4010- Map center: 6310221, 211E ;ft. '1 %lir tr.SCI • � V S Myr, I, ' /CS 1 0 w 4/eb VP 3H32J00 ?. .*40 S,,,?�,,OM1 .4.1 q� ,�`o � Al- ■ � , ler �.,ire." t V N CO m N 0 11" in A qW N a 1.7 1 4 ,` TEMECULA COMMUNITY SERVICES DISTRICT Item No. 15 ACTION MINUTES of JUNE 14, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:57 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Washington, Comerchero Absent: Roberts CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 19 Action Minutes - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who was absent RECOMMENDATION: 19.1 Approve the action minutes of May 24, 2011. 20 Agreement with Environmental Cleaning Solutions & Facility Management, LLC for Park Restroom and Picnic Shelter Janitorial Services for fiscal year 2011-12 - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who was absent RECOMMENDATION: 20.1 Approve an Agreement with Environmental Cleaning Solutions & Facility Management, LLC. for Janitorial Services in the amount of $83,180 for fiscal year 2011-12. 21 First Amendment with Excel Landscape, Inc. for Landscape Maintenance Services for fiscal year 2011-12 - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who was absent RECOMMENDATION: 21.1 Approve the First Amendment with Excel Landscape, Inc. to allow for the addition of the Winchester Road Median Island landscaping in the amount of $26,400 for a total contract amount of $2,147,624 for fiscal year 2011-12; CSD Action Minutes\061411 1 21.2 Authorize the annual expenditure of $2,147,624 for landscape maintenance services, and approve a 10% contingency for extra work items in the amount of $214,762.40. 22 Amendments to Annual Agreements for various services required by the Community Services Department Maintenance Division for fiscal year 2011-12 - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who was absent RECOMMENDATION: 22.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-12 for routine maintenance and emergency services for various Maintenance Division needs. General Maintenance Contractor Services: Del Rio Enterprise, Inc. $100,000 Craftsmen Plumbing Heating & Cooling, Inc. $100,000 J.M. Justus Fence Company $100,000 Moore Fence Company, Inc. $100,000 Witcher Electric $ 75,000 Strong's Painting $ 50,000 Imperial Paving Company, Inc. $ 50,000 NPG, Inc. $ 50,000 Tiger Equipment Company, Inc. $ 35,000 T.D. Grogan Construction, Inc. $ 35,000 Power Distributors, Inc. $ 35,000 Musco Sports Lighting, LLC $ 35,000 23 Civic Center Conference Center and Harveston Center User Fees - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who was absent RECOMMENDATION: 23.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA APPROVING THE CIVIC CENTER CONFERENCE CENTER SCHEDULE OF USER FEES 23.2 That the Board of Directors adopt a resolution entitled: CSD Action Minutes\061411 2 RESOLUTION NO. CSD 11-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA APPROVING THE HARVESTON CENTER SCHEDULE OF USER FEES 24 Adoption of a Resolution to Adopt a Mitigated Negative Declaration for the Old Town Gymnasium, Project No. PW07-05, and Approval of the Plans and Specifications, and Authorization to Solicit Construction Bids for Phase 1 of the Old Town Gymnasium, Project No. PW47-05 - Approved Staff Recommendation (3-0-1-1) — Director Washington made the motion; it was seconded by Director Naggar and electronic vote reflected approval with the exception of Director Roberts who was absent and Director Edwards who abstained RECOMMENDATION: 24.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE OLD TOWN GYMNASIUM GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PUJOL STREET AND FIRST STREET (APN 922100035 / LR09-0016) 24.2 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for phase 1 of the Old Town Gymnasium, Project No. PW07-05. Mr. Bret Kelley addressed the Directors with regard to this item. CSD PUBLIC HEARING 25 Adoption of the FY 2011-12 Annual Operating Budget - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by Director Naggar and electronic vote reflected approval with the exception of Director Roberts who was absent RECOMMENDATION: 25.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2011-12 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS CSD Action Minutes\061411 3 By way of PowerPoint presentation, General Manager Nelson provided an overview of this item. 26 Temecula Community Services District Proposed Rates and Charges for fiscal year 2011-12 - Approved Staff Recommendation (4-0-1) — Director Naggar made the motion; it was seconded by Director Washington and electronic vote reflected approval with the exception of Director Roberts who was absent RECOMMENDATION: 26.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 11-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R — EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2011-2012 Community Services Director Parker highlighted the staff report (as per agenda material). CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:35 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 28, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes1061411 4 TCSD DEPARTMENTAL REPORT Item No. 16 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 28, 2011 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Recreation and Human Services Division have successfully implemented our Youth Employment Program in conjunction with ResCare. The program has trained and now employs 11 youngsters from the Temecula community. The youngsters are between the ages of 15 and 22 years of age. All are currently working at City facilities, assisting staff in daily operations. They can serve a maximum of 300 hours before June 30th, 2011. The program is scheduled to re -start in October of 2011. The TCSD has entered into a lease agreement to lease the Harveston Welcome Center, located in the Harveston Community. It is envisioned that this facility will serve as a community center on the north end of the City, offering residents a wide variety of classes, programs, and activities. The facility would also provide rental opportunities on the weekends. A conceptual design for the Old Town Gymnasium project was completed and approved by the Community Services Commission and City Council. The new gymnasium project will include the construction of a regulation size basketball court, restroom facilities, seating for spectators and an office. The project is currently in design development and we anticipate the plans to be completed and the project ready for bid in the next 30 days. "Art at the Merc" continues to provide local artists with an opportunity to display their art work. On Friday, June 17, 2011, an artist reception will be held for Daniel Santos a local artist. Mr. Santos' art will be on display in the Gallery at the Merc and the Public Library through early mid- July. Our Aquatics staff is actively pursuing a variety of different grant opportunities to implement an aquatics program specifically for those with special needs. Staff would like to explore the opportunity to provide learn to swim opportunities for young people with special needs and basic water skills for special needs populations. There are several grant opportunities that staff is actively pursuing. The Maintenance Division has developed a design for the replacement of the water slide at the Community Recreation Center swimming pool. Design specifications are being developed and it is envisioned that we will begin the bid process to replace the water during the summer and the installation of the new water slide in October to avoid conflicting with our summer aquatics programs. Summer is here and the Recreation Division is actively programming several youth camp programs, as well as the summer day camp program, F.A.M. nights and more. The Recreation Division is currently programming for the 4th of July parade and fireworks show, as well as the annual Aglow in the Park to be held at Lake Skinner on July 15, 2011. The Cultural Arts Division kicked off the Summer Concert series on June 16th, and will include nine (9) free concerts events to be held in the Temecula Amphitheater. The Movies in the Park series kicked off on June 17th, and will include seven (7) free movies in the park events at various park sites throughout the City. The TCSD Maintenance Division plays an integral role in assisting with the many citywide special events held each month. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities. REDEVELOPMENT AGENCY Item No. 17 ACTION MINUTES of JUNE 14, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 8:36 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar Absent: Roberts RDA PUBLIC COMMENTS Mr. Stephen Eldred addressed the Agency Members. RDA CONSENT CALENDAR 27 Action Minutes - Approved Staff Recommendation (4-0-1) Agency Member Washington made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Agency Member Roberts who was absent RECOMMENDATION: 27.1 Approve the action minutes of May 24, 2011. 28 Annual Contracts for Keyser Marston Associates, Inc. for Real Estate Economic Consulting and Affordable Housing Consulting Services for fiscal year 2011-12 - Approved Staff Recommendation (4-0-1) Agency Member Washington made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Agency Member Roberts who was absent RECOMMENDATION: 28.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $35,000 to provide as -needed Real Estate Economic Consulting Services for fiscal year 2011-12; 28.2 Approve an agreement with Keyser Marston, Inc. in the amount of $75,000 to provide as -needed Affordable Housing Consulting Services for fiscal year 2011- 12. RDA Action Minutes\061411 1 RDA BUSINESS 29 Adoption of the FY 2011-12 Annual Operating Budget - Approved Staff Recommendation (4-0-1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Agency Member Roberts who was absent RECOMMENDATION: 29.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. RDA 11-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2011-12 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS Executive Director Nelson highlighted the staff report (of record). 30 Adoption of the FY 2012-2016 Capital Improvement Program Budget for the Redevelopment Agency (RDA) - Approved Staff Recommendation (4-0-1) Agency Member Edwards made the motion; it was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Member Roberts who was absent RECOMMENDATION: 30.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. RDA 11-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2012-16 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2011-12 As per agenda material, Executive Director Nelson provided an overview of this item. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA Action Minutes1061411 2 RDA ADJOURNMENT At 8:52 P.M., the Redevelopment Agency meeting was formally adjourned to Tuesday, June 28, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes\061411 3 RDA DEPARTMENTAL REPORT Item No. 18 Approvals City Attorney Director of Finance City Manager biz, OOL TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 28, 2011 SUBJECT: Redevelopment Department May Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office space surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with Staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy Staff recommended the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Agency Staff met with the Agency sub- committee in February 2010 and received direction to take an extension of one year with the possibility of an additional one year administrative extension which the Agency approved on March 9, 2010. Due to Pelican Property's lack of progress on the project the Agency allowed the ENA to expire in February. Agency staff anticipates going out with a new solicitation of interest in an attempt to identify a preferred developer in which to enter into a ground lease for the future development of the Town Square Marketplace. Facade Improvement Program - The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2010-2011. As of July 1, 2010, the Agency began accepting applications for the program. Currently, funding for the following projects is in process: • Temecula Stampede — Exterior Repairs and Paint • Emporium Center — Exterior Facade Renovation Additionally, in January 2011, the Agency transferred $66,802 from the Facade Improvement budget line item to fund the Agency's obligation under the Owner Participation Agreement (OPA) between the Agency and Abbott. HOUSING 3rd and Front Street Development - On February 22, 2011 the Agency board approved the Owner Participation Agreement between the Agency and Front Street Plaza Partners Inc for the development of a 25 -unit affordable housing development at the southwest corner of Old Town Front Street and 3rd Street. Of the 25 units in the proposed development, 23 will be restricted at affordable rents for 55 years. The remaining 2 units will be rented at market rate rents. The development itself is to include restaurant space on the ground floor with office and residential space on floors two through four. Plans call for a gated garage that would provide a total of 25 parking spaces, or one space per residential unit. Agency funding for this development will come at the completion of the project. The developer is currently working to relocate existing tenants and is scheduled to close escrow on the property by the end of June. AMCAL Puiol Apartments - On February 22, 2011 the Agency board approved the Owner Participation and Grant Agreement between the Agency and AMCAL Pujol Fund L.P. for the development of a 45 -unit affordable housing development on the west side of Pujol Street between Main Street and First Street. The plans call for the development of 45 affordable units on 1.5 acres. The site will include a parking garage with two designated spots per residential unit. The units themselves will consist of a mix of two and three bedroom units. Additionally the site will include a pool and community room. The Developer is currently working to close escrow on a portion of the property and has submitted its entitlement application which is currently under review. The developer is also in the process of preparing their Tax Credit Application which is due in August. R.C. Hobbs Exclusive Negotiating Agreement - The R.C. Hobbs Company approached the Agency regarding the possible development of mixed income affordable housing on vacant Agency owned property located at 28640 Pujol Street. Considering Hobbs' background and recent Staff experience working with the organization, Staff felt that Hobbs would be a quality partner on an affordable housing development at the aforementioned location. Hobbs requested that the Agency and Hobbs enter into an ENA with a one-year term with a potential six month extension by written approval of the Executive Director. The Agency approved the ENA at its February 9, 2010 meeting. An appraisal for the subject property was commissioned by the Agency and completed on June 24, 2010. The Agency and R.C. Hobbs continue to negotiate potential development on the subject site. On February 7, 2011, R.C. Hobbs requested that the provision of the ENA that allows for an administrative extension of up to 6 months be exercised. The Executive Director of the Agency approved this extension and the ENA has been extended to August 9, 2011 First Time Homebuvers Program - On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance allows qualifying households to purchase homes in the $200,000-$300,000 price range. The program budget for FY 2010/2011 is $1,000,000. As of July 1, 2010, the Agency began accepting applications. Currently, two loans for a total amount of $90,800 have been funded for this fiscal year. Additionally, in January 2011, the Agency transferred $850,000 from the First Time Homebuyers budgeted line item to ensure adequate funding of two potential affordable housing developments this fiscal year (2010-2011). Summerhouse - The Agency negotiated an Owner Participation Agreement ("OPA") with Summerhouse Housing Partners L.P for the purchase and development of the Summerhouse community. The Agency Board approved the OPA on September 22, 2009. The OPA terms require the development of 70 affordable units at very -low income, 20 units at moderate income, and 20 units at senior affordable income, for a total of 110 affordable units. The terms of this agreement place affordability restrictions on the property for 55 years. Immediately following the close of escrow, Summerhouse Housing Partners L.P. began the clean-up and restoration of the site. A Development Plan has been approved by the City and construction of the 20 units is complete. The Agency processed the Notice of Completion and leasing of the 20 units is underway. The Developer and Agency recently executed a third and fourth amendment to the Owner Participation Agreement which provided for the splitting from two phases into three and reallocating part of the Agency's contribution from phase 3 into phase 2. Neither of the amendments changed to the total amount of Agency contribution from that which was originally approved by the City Council on September 22, 2009. Diaz Road Request for Interest - The Agency issued a Request for Interest to select a preferred buyer for the 30 -acre site located on Diaz Road. Two firms responded. The Agency is currently reviewing the submittals and is anticipating meeting with potential buyers in May. Residential Improvement Program - The Residential Improvement Program (RIP) provides funding assistance to low and moderate income level homeowners to do exterior improvements to their home and property. The program budget for FY 2010/2011 is $200,000. The Agency began taking applications for the program July 1, 2010. Currently, all $200,000 budgeted for the Program has been allocated to 31 residences approved for participation. Supportive Housing/Services - The Agency, in collaboration with the Temecula Housing Authority, intends to continue to serve the needs of the low and moderate income households and individuals by continuing to construct affordable housing units within the City. In addition to its efforts to construct new units, the Agency also intends to provide Supportive Services to assist moderate, low, very low and extremely income households and individuals within the community. Supportive Services will include, providing housing, food, clothing, counseling, health care and day care services, among other services, to assist these families and individuals. In order to achieve this, a number of specific action steps have been identified to meet the needs of these populations. The recommended action steps were approved by City Council on May 10, 2011. PUBLIC HEARING Item No. 19 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 28, 2011 SUBJECT: Long Range Planning Project No. LR11-0002, an Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation, designate residential care facilities serving six or fewer persons as a permitted use, and authorize the Planning Commission to review appeals of the Planning Director's decision PREPARED BY: Dana Weaver, Associate Planner RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) SUMMARY OF ORDINANCE: The proposed Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation from the City's Zoning and Land Use Policies, designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts, and authorize the Planning Commission to review appeals of the Planning Director's decisions is consistent with the General Plan, the goals of the 2008-2014 Housing Element adopted on July 27, 2010, and all applicable provisions contained therein. BACKGROUND: The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code from time to time to improve its clarity, make necessary corrections consistent with State Law, add or simplify regulations, or modify provisions within the Development Code. The City's Development Code is intended to provide the legislative framework enhancing and implementing the goals, policies, plans, principles and standards of the Temecula General Plan. Currently, the City has no formalized reasonable accommodation process for individual homeowners requesting exceptions to zoning and development standards to accommodate a specific disability, for example, a ramp request. In order to complywith statutory requirements of Chapter 671, Statues 2001 (SB 520) and the City's adopted 2008-2014 Housing Element, the proposed Ordinance adds a new Section to Title 17 (Zoning) of the Temecula Municipal Code to establish a reasonable accommodation ordinance to reduce constraints on housing for persons with disabilities. The new Section 17.03.065 (Reasonable Accommodations) sets forth the purpose and intent, the application requirements and procedures, the basis for approval or denial by the Planning Director, and all necessary findings for granting accommodations. The proposed Ordinance creates a discretionary administrative procedure for reasonable accommodation, which is defined as a waiver or modification to regulations, policies, procedures and standards that may be reasonable and necessary fora person with a disability to have an equal opportunity to use and enjoy a residential use, consistent with state and federal fair housing laws. Based on the City's research, the accommodations granted are likely to be modifications to standards or procedures for small projects that have negligible impacts on the physical environment. Most reasonable accommodation requests are likely to be for the construction of alternative access for residences, such as wheel chair ramps, elevator shafts, etc. Housing Element law also specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of a variety of types of housing. Pursuant to SB 520 and the City's adopted 2008-2014 Housing Element, a written reasonable accommodation ordinance is required to provide exception in zoning and land use for housing for persons with disabilities by ensuring residential care facilities (serving six or fewer) are permitted no differently than other by -right single-family housing uses. The proposed Ordinance therefore amends Section 17.06.030 to add residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. Section 17.03.090 of the City's Development Code currently allows for decisions made by the Planning Director regarding development plans and sign permits to be appealed to the Planning Commission. There are sections in the Code that reference to the appeals section; however, the provision of the appeals section often does riot correspond to the reference. For clarification, the Ordinance shall amend Section 17.03.090 (Decisions Which May be Appealed to the Planning Commission) to include actions by the Director of Planning on approval of Conditional Use Permits and extensions of time and any other action by the Director of Planning for which an appeal is authorized by the Code. The proposed Ordinance was presented to the Planning Commission on June 1, 2011. The Planning Commission did riot request any changes and recommended the City Council adopt the Ordinance. FISCAL IMPACT: None ATTACHMENTS: Proposed Ordinance June 1, 2011 Planning Commission Staff Report ORDINANCE NO. 11 - AN ORDINANCE OF THE CIN COUNCIL OF THE CIN OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002). WHEREAS, the State Legislature has declared that the lack of housing, including housing for persons with disabilities, is a critical problem that threatens the economic, environmental, and social quality of life in California; and WHEREAS, Government Code Section 65583 requires that the City's housing element address governmental constraints to the development of housing, including housing for individuals with disabilities, and that the City provide reasonable accommodations for housing for persons with disabilities; and WHEREAS, a procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use and zoning regulations, policies, practices and procedures will further the City's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities; and WHEREAS, state law requires that residential care facilities serving six or fewer persons be treated as permitted uses in all residential districts to encourage access to housing for disabled persons; and WHEREAS, to conform to state and federal law and to provide disabled persons an equal opportunity to use and enjoy housing, it is necessary to amend Title 17 (Zoning) of the Temecula Municipal Code to establish a reasonable accommodations procedure and designate residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on June 1, 2011, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 11-22 recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on June 28, 2011, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Planning Application Number LR11-0002 hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance establishes a procedure to request a reasonable accommodation from the City's zoning and land use policies. The proposed Ordinance also designates residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. The amendment to Title 17 of the Temecula Municipal Code does not concern a particular land use designation, but it has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance establishing a procedure to request a reasonable accommodation from the City's zoning and land use policies, and designating residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts, has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: • Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the City will amend the Development Code to treat licensed residential care facilities and group homes serving six or fewer no differently than other by - right single family housing uses; • Consistent with SB 520 enacted January 1, 2002, the City annually analyzes and determines constraints on the development, maintenance, and improvement of housing for persons with disabilities; and -2- • Amend the Development Code and adopt a formalized reasonable accommodation ordinance to provide exception in zoning and land use for housing for persons with disabilities. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and with the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code to establish a reasonable accommodations procedure ("Project"). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on May 7, 2011 and expired on May 26, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 28, 2011 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 4. A new Section 17.03.065 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.03.065 Reasonable Accommodations. A. Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. -3- B. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings: "Applicant" means a person, business, or organization making a written request to the City for reasonable accommodation in the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures. "Director" means the Director of Planning. "Disabled Person" or "Person with a Disability" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance. "Fair Housing Laws" means the "Federal Fair Housing Act" (42 U.S.C. § 3601, et seq.), the Americans with Disabilities Act, and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations. "Reasonable Accommodation" means any deviation requested and/or granted from the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures. C. Authority of the Planning Director The Planning Director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation. D. Procedure for Application Review. 1. Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability. 2. Application. An application for a reasonable accommodation shall be made on a form provided by the Planning Department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. -4- 4. Required Submittals. An application for a reasonable accommodation shall include the following: a) Documentation that the applicant is: (i) a person with a disability; (ii) applying on behalf of one or more persons with a disability; or (iii) a developer or provider of housing for one or more persons with a disability. b) The name and address of the individual(s) requesting the reasonable accommodation. c) The name and address of the property owner(s). d) The address of the property for which accommodation is requested. e) A description of the reasonable accommodation requested by the applicant. f) An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence. g) Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities. 5. The Planning Director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in Section E. E. Basis for Approval or Denial of a Reasonable Accommodation. 1. Findings. The written decision shall be based on the following findings, all of which are required for approval: a) The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws. b) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. c) The requested accommodation will not impose an undue financial or administrative burden on the City. -5- d) The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program. e) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. 2. In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to Section (E)(1)(b) above, the City may consider, but is not limited to, the following factors: a) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. b) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. c) In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. d) In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 3. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City's zoning program, pursuant to Section (E)(1)(d) above, the City may consider, but is not limited to, the following factors: a) Whether the requested accommodation would fundamentally alter the character of the neighborhood. b) Whether the accommodation would result in a substantial increase in traffic or insufficient parking. c) Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. -6- d) In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. 4. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. F. Notice of Decision. 1. The Planning Director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation. The Planning Director may elect to forward the matter to the Planning Commission for consideration of the application. 2. Appeals of the Director's action shall be made in accordance with Section 17.03.090. G. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty-four (24) months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless: a) A building permit has been issued and construction has commenced; b) A certificate of occupancy has been issued; c) The use is established; or d) A time extension has been granted. 2. Time Extension. a) The Planning Director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions. b) Notice. Notice of the Planning Director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process. -7- c) Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within fourteen (14) calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 17.03.090 of this code. 3. Discontinuance. If the disabled persons for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the Planning Director determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Planning Director may request that the applicant, or his or her successor -in -interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. 4. Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. H. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval." Section 5. Section 17.03.090(B) (Appeals) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time; 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the Code." -8- Section 6. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential care facilities (six or fewer)" as a permitted use in all residential zoning districts. Section 7. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 8. The Mayor shall sign and the City Clerk 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. Section 9. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , ATTEST: Susan W. Jones, MMC City Clerk [SEAL] -9- Ron Roberts, Mayor 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. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of June, 2011, 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 -10- DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION June 1,2011 Dana Weaver, Case Planner ORIGINAL Long Range Planning Project No. LR11-0002, an Ordinance of the City Council of the City of Temecula amending Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation from the City's Zoning and Land Use Policies, designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts, and authorize the Planning Commission to review appeals of the Planning Director's decisions RECOMMENDATION: Approve CEQA: Negative Declaration BACKGROUND SUMMARY The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code from time to time to improve its clarity, make necessary corrections consistent with State Law, add or simplify regulations, or modify provisions within the Development Code. The City's Development Code is intended to provide the legislative framework enhancing and implementing the goals, policies, plans, principle's and standards of the Temecula General Plan. The following proposed amendments are consistent with the General Plan, the 2008-2014 Housing Element Update adopted on July 27, 2010, and all applicable provisions contained therein. ANALYSIS An overview of the proposed changes to the Development Code is outlined below: Reasonable Accommodation Currently, the City has no formalized reasonable accommodation process for individual homeowners requesting exceptions to zoning and development standards to accommodate a specific disability, for example a ramp request. In order to comply with statutory requirements of Chapter 671, Statues 2001 (SB 520) and the City's adopted 2008-2014 Housing Element Update the proposed Ordinance adds a new Section to Title 17 (Zoning) of the Temecula Municipal Code to establish a reasonable accommodation ordinance to reduce constraints on housing for persons with disabilities. The proposed Ordinance creates a discretionary administrative procedure for reasonable accommodation, which is defined as a waiver or modification to regulations, policies, procedures and standards that may be reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residential use, consistent with state and 1 federal fair housing laws. Based on the City's research, the accommodations granted are likely to be modifications to standards or procedures for small projects that have negligible impacts on the physical environment. Most reasonable accommodation requests are likely to be for the construction of alternative access for residences, such as wheel chair ramps, elevator shafts, etc. The new Section 17.03.065 (Reasonable Accommodations) sets forth the purpose and intent, the application requirements and procedures, the basis for approval or denial by the Planning Director, and all necessary findings for granting accommodations. Residential Care Facilities Housing Element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of a variety of types of housing. Pursuant to SB 520 and the City's adopted 2008- 2014 Housing Element Update, a written reasonable accommodation ordinance is required to provide exception in zoning and land use for housing for persons with disabilities by ensuring residential care facilities (serving six or fewer) are permitted no differently than other by -right single-family housing uses. The proposed Ordinance therefore amends Section 17.06.030 to add residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. Decisions Which May Be Appealed to Planning Commission Section 17.03.090 of the City's Development Code currently allows for decisions made by the Planning Director regarding development plans and sign permits to be appealed to the Planning Commission. There are sections in the Code that reference to the appeals section; however, the provision of the appeals section often does not correspond to the reference. For clarification, the Ordinance shall amend Section 17.03.090 (Decisions Which May be Appealed to the Planning Commission) to include actions by the Director of Planning on approval of Conditional Use Permits and extensions of time and any other action by the Director of Planning for which an appeal is authorized by the Code. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 6, 2011. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, it has been determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project. FINDINGS The Planning Commission, in recommending approval of the proposed Municipal Code amendments in Long Range Planning Project No. LR11-0002, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code. 2 The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance establishes a procedure to request a reasonable accommodation from the City's zoning and land use policies. The proposed Ordinance also designates residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. The amendment to Title 17 of the Temecula Municipal Code does not concern a particular land use designation, but it has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and to be internally consistent with the other elements of the Temecula General Plan. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance establishing a procedure to request a reasonable accommodation from the City's zoning and land use policies, and designating residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts, has beenreviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the City will amend the Development Code to treat licensed residential care facilities and group homes serving six or fewer no differently than other by -right single family housing uses; Consistent with SB 520 enacted January 1, 2002, the City annually analyzes and determines constraints on the development, maintenance, and improvement of housing for persons with disabilities; and Amend the Development Code and adopt a formalized reasonable accommodation ordinance to provide exception in zoning and land use for housing for persons with disabilities. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and with the Temecula General Plan and all applicable provisions contained therein. ATTACHMENTS PC Resolution Exhibit A - CC Ordinance Initial Study Notice of Public Hearing 3 PC RESOLUTION PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNICL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE" (LONG RANGE PLANNING PROJECT NO. LR11-0002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 1, 2011 the Planning Commission identified a need to amend Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation from the City's Zoning and Land Use Policies, designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts, and authorize the Planning Commission to review appeals of the Planning Director's decisions (Long Range Planning Application No. LR11-0002). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Ordinance and environmental review on June 1, 2011, 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. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Long Range Planning Project No. LR11-0002 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Ordinance hereby finds, determines and declares that: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance establishes a procedure to request a reasonable accommodation from the City's zoning and land use policies. The proposed Ordinance also designates residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. The amendment to Title 17 of the Temecula Municipal Code does not concern a particular land use designation, but it has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance establishing a procedure to request a reasonable accommodation from the City's zoning and land use policies, and designating residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts, has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: 1. Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the City will amend the Development Code to treat licensed residential care facilities and group homes serving six or fewer no differently than other by -right single-family housing uses; 2. Consistent with SB 520 enacted January 1, 2002, the City annually analyzes and determines constraints on the development, maintenance, and improvement of housing for persons with disabilities; and 3. Amend the Development Code and adopt a formalized reasonable accommodation ordinance to provide exception in zoning and land use for housing for persons with disabilities. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and with the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Ordinance: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Ordinance, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on May 7, 2011, and expired on May 26, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 41000 Main Street, Temecula, California 92590. C. No written comment(s) were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 1, 2011, public hearing, and based on the whole record before it finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Project No. LR11-0002, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of June 2011. Pat Kight, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 11- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of June 2011, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary EXHIBIT A DRAFT CC ORDINANCE ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) WHEREAS, the State Legislature has declared that the lack of housing, including housing for persons with disabilities, is a critical problem that threatens the economic, environmental, and social quality of life in California; and WHEREAS, Government Code Section 65583 requires that the City's housing element address governmental constraints to the development of housing, including housing for individuals with disabilities, and that the City provide reasonable accommodations for housing for persons with disabilities; and WHEREAS, a procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use and zoning regulations, policies, practices and procedures will further the City's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities; and WHEREAS, state law requires that residential care facilities serving six or fewer persons be treated as permitted uses in all residential districts to encourage access to housing for disabled persons; and WHEREAS, to conform to state and federal law and to provide disabled persons an equal opportunity to use and enjoy housing, it is necessary to amend Title 17 (Zoning) of the Temecula Municipal Code to establish a reasonable accommodations procedure and designate residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on June 1, 2011, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 11 - recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on June 28, 2011, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Planning Application Number LR11-0002 hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance establishes a procedure to request a reasonable accommodation from the City's zoning and land use policies. The proposed Ordinance also designates residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. The amendment to Title 17 of the Temecula Municipal Code does not concern a particular land use designation, but it has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance establishing a procedure to request a reasonable accommodation from the City's zoning and land use policies, and designating residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts, has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: 1. Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the City will amend the Development Code to treat licensed residential care facilities and group homes serving six or fewer no differently than other by -right single family housing uses; 2. Consistent with SB 520 enacted January 1, 2002, the City annually analyzes and determines constraints on the development, maintenance, and improvement of housing for persons with disabilities; and -2- 3. Amend the Development Code and adopt a formalized reasonable accommodation ordinance to provide exception in zoning and land use for housing for persons with disabilities. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and with the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code to establish a reasonable accommodations procedure ("Project"). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on May 7, 2011 and expired on May 26, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 28, 2011 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 4. A new Section 17.03.065 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.03.065 Reasonable Accommodations. A. Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. -3- B. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings: "Applicant" means a person, business, or organization making a written request to the City for reasonable accommodation in the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures. "Director" means the Director of Planning. "Disabled Person" or "Person with a Disability" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance. "Fair Housing Laws" means the "Federal Fair Housing Act" (42 U.S.C. § 3601, et seq.), the Americans with Disabilities Act, and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations. "Reasonable Accommodation" means any deviation requested and/or granted from the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures. C. Authority of the Planning Director The Planning Director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation. D. Procedure for Application Review. 1. Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability. 2. Application. An application for a reasonable accommodation shall be made on a form provided by the Planning Department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. -4- 4. Required Submittals. An application for a reasonable accommodation shall include the following: a) Documentation that the applicant is: (i) a person with a disability; (ii) applying on behalf of one or more persons with a disability; or (iii) a developer or provider of housing for one or more persons with a disability. b) The name and address of the individual(s) requesting the reasonable accommodation. c) The name and address of the property owner(s). d) The address of the property for which accommodation is requested. e) A description of the reasonable accommodation requested by the applicant. f) An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence. g) Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities. 5. The Planning Director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in Section E. E. Basis for Approval or Denial of a Reasonable Accommodation. 1. Findings. The written decision shall be based on the following findings, all of which are required for approval: a) The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws. b) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. c) The requested accommodation will not impose an undue financial or administrative burden on the City. -5- d) The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program. e) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. 2. In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to Section (E)(1)(b) above, the City may consider, but is not limited to, the following factors: a) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. b) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. c) In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. d) In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 3. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City's zoning program, pursuant to Section (E)(1)(d) above, the City may consider, but is not limited to, the following factors: a) Whether the requested accommodation would fundamentally alter the character of the neighborhood. b) Whether the accommodation would result in a substantial increase in traffic or insufficient parking. c) Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. -6- d) In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. 4. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. F. Notice of Decision. 1. The Planning Director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation. The Planning Director may elect to forward the matter to the Planning Commission for consideration of the application. 2. Appeals of the Director's action shall be made in accordance with Section 17.03.090. G. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty-four (24) months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless: a) A building permit has been issued and construction has commenced; b) A certificate of occupancy has been issued; c) The use is established; or d) A time extension has been granted. 2. Time Extension. a) The Planning Director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions. b) Notice. Notice of the Planning Director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process. -7- c) Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within fourteen (14) calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 17.03.090 of this code. 3. Discontinuance. If the disabled persons for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the Planning Director determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Planning Director may request that the applicant, or his or her successor -in -interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. 4. Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. H. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval." Section 5. Section 17.03.090(B) (Appeals) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the Planning Commission: 1. Actions by the Director of Planning on approval of development permits, conditional use permits and extensions of time; 2. Actions by the Director of Planning on the approval of sign permits; 3. Any other action by the Director of Planning for which an appeal is authorized by the Code." -8- Section 6. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential care facilities (six or fewer)" as a permitted use in all residential zoning districts. Section 7. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 8. The Mayor shall sign and the City Clerk 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. Section 9. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of June, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk -10- INITIAL STUDY City of Temecula Community Development Planning Division Notice of Proposed Negative Declaration PROJECT: Reasonable Accommodation Ordinance APPLICANT: City of Temecula LOCATION: Citywide, City of Temecula, County of Riverside DESCRIPTION: The project consists of a Citywide Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request reasonable accommodation from the City's Zoning and Land Use Policies for persons with disabilities to have fair and equal access to housing, and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts consistent with State law. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to adopt a Negative Declaration for this project. The comment period for this proposed Negative Declaration is May 7, 2011 to May 26, 2011. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City Hall is located at 41000 Main Street. The public notice of the intent to adopt this Negative Declaration is provided through: ®The Local Newspaper ❑Posting the Site ❑Notice to Adjacent Property Owners If you need additional information or have any questions concerning this project, please contact Dana Weaver at (951) 693-3928. Prepared by: ?7/ /. o c a. (Signature) (Title) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Reasonable Accommodations Ordinance Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Dana Schuma, Associate Planner (951) 693-3928 Project Location Citywide City of Temecula, 41000 Main Street Project Sponsor's Name and Address General Plan Designation N/A Zoning N/A Description of Project A proposed Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The proposed Ordinance creates a discretionary administrative procedure for reasonable accommodation, which is defined as a waiver or modification to regulations, policies, procedures and standards that may be reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residential use, consistent with state and federal fair housing laws. N/A N/A Surrounding Land Uses and Setting Other public agencies whose approval is required 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture and Forestry Resources Noise Air Quality Population and Housing Public Services Biological Resources Greenhouse Gas Emissions Recreation Cultural Resources Transportation and Traffic Geology and Soils Hazards and Hazardous Materials Utilities and Service Systems Mandatory Findings of Significance Hydrology and Water Quality None Land Use and Planning Determination (To be completed by the lead agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a "potentially unless mitigated" impact on the environment, but an earlier document pursuant to applicable legal measures based on the earlier analysis as described IMPACT REPORT is required, but it must analyze I find that although the proposed project could have potentially significant effects (a) have been analyzed DECLARATION pursuant to applicable standards, that earlier EIR or NEGATIVE DECLARATION, imposed upon the proposed project, nothing further significant impact" or "potentially significant at least one effect 1) has been adequately analyzed in standards, and 2) has been addressed by mitigation on attached sheets. An ENVIRONMENTAL only the effects that remain to be addressed. a significant effect on the environment, because all adequately in an earlier EIR or NEGATIVE and (b) have been avoided or mitigated pursuant to including revisions or mitigation measures that are is required. Signature Dana Weaver. Associate Planner Printed Name 3 Date City of Temecula, Planning Department For 1. AESTHETICS. Would the project: issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect on a scenic vista? X b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c Substantially degrade the existing visual character or quality of the site and its surroundings? X d Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Comments: 1.a -b. No Impact: The proposed ordinance will not result in a substantially adverse effect on scenic vistas, including views along a scenic highway or scenic corridor. A scenic vista is defined as a public view of highly valued visual and scenic resources, such as distant mountain ranges. The City of Temecula contains several scenic vistas, including the western escarpment and southern ridgelines, the Santa Margarita River, and various hillside slopes. The project would amend the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Future requests for residential care facilities are likely to be located in existing single family homes and will not be subject to discretionary review. A reasonable accommodation cannot fundamentally alter the nature of the land use and the General Plan protects visual resources. A reasonable accommodation is not likely to be located in an area that is substantially visible or that will obstruct views of a scenic vista or scenic highway. No impacts are foreseen; therefore, no mitigation is required. 1.c. Less Than Significant Impact: The proposed ordinance will not substantially degrade the existing visual character or quality of the sites and its surroundings. A reasonable accommodation is not likely to result in substantial impacts that are out of character in comparison to other adjacent residential uses. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. However, as the procedure is not site-specific and does not propose any particular development, any impact would be speculative at this point. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 1.d. No Impact: The proposed ordinance will not create new sources of light or glare that could adversely affect day or nighttime views in the area. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable and lighting issues will be addressed during the building plan check and inspection process, prior to the issuance of any building permits for a project. No impacts are foreseen; therefore, no mitigation is required. 4 2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? . X d Result in the loss of forest land or conversion of forest land to non-forest use X e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? X Comments: 2.a. No Impact: The proposed ordinance will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural. According to Figure 5.2-1 (Agricultural Resources) of the Temecula General Plan Update Final Environmental Impact Report (March 2005), the majority of the Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located to the east of the City in Wine Country and to the north, within French Valley. The proposed ordinance will not result in development in these areas, and none of these designations will be affected by a future reasonable accommodation or residential care facility serving six or fewer persons. Future requests for reasonable accommodation are subject to project -level CEQA review, as applicable. Future requests for residential care facilities are likely to be located in existing single family homes and will not be subject to discretionary review. No impacts are foreseen; therefore, no mitigation is required. 2.b. No Impact: Williamson Act contracts are located throughout the City of Temecula Planning Area and much of the land east of the City is used as vineyards or as citrus and avocado groves. Future requests for reasonable accommodation are subject to City environmental and land use standards and require the appropriate permits and approvals by the City Planning Department. In addition, future requests for 5 reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Future requests for residential care facilities are likely to be located in existing single family homes and will not be subject to discretionary review. No impacts are foreseen; therefore, no mitigation is required. 2.c -d. No Impact: Forest land is defined as land that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation and other public benefits. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. A reasonable accommodation or residential care facility serving six or fewer persons will not affect a Timberland Production Zone as defined by Section 51104(g) of the Government Code. Implementation of the proposed ordinance will not conflict with existing zoning for forest land, timberland or timberland zoned Timberland Production, or result in the loss of forest land. No impacts are foreseen; therefore, no mitigation is required. 2.e. No Impact: Future requests for reasonable accommodation are subject to City environmental and land use standards and require appropriate permits and approvals issued by the City Planning Department. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and the General Plan protects farmland from conversion to non-agricultural uses. The granting of a reasonable accommodation will not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use. In addition, the proposed ordinance only allows residential care facilities serving six or fewer person in residential zoning districts; it will not involved the conversion of agricultural land. No impacts are foreseen; therefore, no mitigation is required. 6 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supportirg Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X X X No Impact X a Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone •recursors ? Expose sensitive receptors to substantial pollutant concentrations? b c d e Create objectionable odors affecting a substantial number of people? X Comments: 3.a. Less Than Significant Impact: The proposed ordinance is subject to the standards set forth in the Air Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB). The proposed project is also subject to the requirements of the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). Future requests for reasonable accommodation are subject to project -level CEQA review, as well as City environmental and land use standards. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and the General Plan is consistent with goals of the South Coast Air Quality Management Plan. A reasonable accommodation or residential care facility serving six or fewer persons is not likely to conflict with or obstruct the implementation of the applicable air quality plan. Since the administrative procedure established by the proposed ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. Impacts are considered less than significant; therefore, no mitigation measures are required. 3.b. Less Than Significant Impact: Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to City environmental and land use standards and require appropriate permits and approvals issued by the City Planning Department. Since all future reasonable accommodation applications resulting from the proposed ordinance will be required to comply with Air Quality standards and thresholds, the project will not result in any significant adverse air quality impact. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and the General Plan discourages impacts associated with violating air quality standards or contributing significantly to existing or projected air quality violations. Impacts are considered less than significant; therefore, no mitigation measures are required. 3.c. Less Than Significant Impact: In addressing cumulative effects for air quality, the SCAQMD Air Quality Management Plan is the most appropriate document to use because it set forth comprehensive programs that will lead the South Coast Air Basin into compliance with all federal and state air quality standards. It also utilizes control measures and related emission reduction estimates based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to City environmental and land use standards. Since all reasonable accommodations will be in conformance with the AQMP and the proposed ordinance is not significant on an individual basis, it is appropriate to conclude that the project's incremental contribution to criteria pollutant emissions is not cumulatively considerable. Any future reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and the General Plan discourages impacts associated with increasing air pollutants. Impacts are considered less than significant; therefore, no mitigation measures are required. 3.d. No Impact: Sensitive receptors include the very young, elderly, and persons suffering from illness and are normally associated with locations such as schools, daycare facilities, convalescent care facilities, medical facilities, and residential areas. The proposed amendment to the Zoning Code merely establishes an administrative procedure for requesting a reasonable accommodation and permits residential care facilities serving six or fewer persons in residential zoning districts. It is not site-specific, does not propose any particular development, and will not generate substantial pollutant concentrations. Thus, there is no opportunity for any exposure. The project will not result in any significant impact. No impacts are foreseen; therefore, no mitigation is required. 3.e. No Impact: Implementation of the proposed ordinance will not create objectionable odors. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable and construction odor issues will be addressed during the building plan check and inspection process, prior to the issuance of any building permits for a project. No impacts are foreseen; therefore, no mitigation is required. 8 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: 4.a. Less Than Significant Impact: Although there are many areas within the City of Temecula that are relatively natural and undisturbed, the proposed ordinance would not grant reasonable accommodations or residential care facilities serving six or fewer persons in such areas. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as well as City environmental and land use standards, and any future project would require appropriate permits and approvals issued by the City Planning Department. Since the administrative procedure established by the proposed ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. A reasonable accommodation or residential care facility serving six or fewer persons is not likely to have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Any impacts would be addressed through project -level CEQA review. Impacts are considered less than significant; therefore, no mitigation measures are required. 9 4.b. Less Than Significant Impact: The City of Temecula contains several areas with riparian habitat and/or other sensitive natural communities. Riparian/Riverine areas are lands that contain habitat dominated by trees, shrubs, persistent emergent vegetation, or emergent mosses and lichens, which occur close to, or which depend upon, soil moisture from a nearby fresh water source; or areas with fresh water flow during all or a portion of the year. Implementation of the proposed ordinance will not likely have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service. Future requests for reasonable accommodation are subject to project-level CEQA review, as well as City environmental and land use standards. Neither a reasonable accommodation nor a residential care facility serving six or fewer persons is likely to be located in a major riparian or other sensitive habitat (e.g. coastal sage scrub, oak woodlands, etc.). The accommodations are intended to encourage access to equal housing opportunities and relate primarily to residential zoning districts. Since the administrative procedure established by the proposed ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. Any impacts would be addressed through project-level CEQA review, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 4.c. Less Than Significant impact: To be considered a wetland, a site must contain hydric soils, wetland hydrology, and hydrophytic vegetation. Hydric soils are defined by the national Technical Committee as soils that formed under conditions of saturation, flooding, or ponding long enough during the grow season to develop anaerobic conditions in the upper part of the soil. Wetland hydrology is present when, under normal circumstances, the land surface is either inundated or the upper portion of the soil is saturated at a sufficient frequency and duration to create anaerobic conditions. These conditions are also required in order for hydrophytic vegetation to be present. Implementation of the proposed ordinance will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project-level CEQA review, City environmental and land use standards, and require appropriate permits and approvals issued by the City Planning Department. The future accommodations granted are likely to be modifications to standards or procedures that have no impact on the physical environment. Reasonable accommodation requests are likely to relate to construction or zoning of residential uses to allow for equal opportunity to enjoy housing opportunities. A reasonable accommodation is not likely to be located in a protected wetland. Any impacts would be addressed through project-level CEQA review, as applicable. impacts are considered less than significant; therefore, no mitigation measures are required. 4.d-f. Less Than Significant Impact: The MSHCP is a comprehensive, multi-jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. The City of Temecula General Plan outlines a number of policies which emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that all significant biological resources be identified on a property when requesting any site modifications. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. A reasonable accommodation or residential care facilities serving six or fewer persons is not likely to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites, conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, or conflict with the provisions of an adopted Habitat Conservation Plan. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning program and the General Plan protects against alteration of natural and sensitive habitats. Any impacts would be addressed through project-level CEQA review, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 10 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d Disturb any human remains, including those interred outside of formal cemeteries? X Comments: 5.a. -b. Less Than Significant Impact: "Historic Resources" as defined by CEQA Section 15064.5 are prehistoric and historic resources that are assessed as being "significant" insofar as their evidentiary contents can be demonstrated relevant to the established local, regional or national research domains, issues and questions. There are areas that contain known archaeological resources or that contain features, (drainage course, rock outcroppings, or oak trees), which indicate potential archaeological sensitivity within the City of Temecula. The proposed ordinance is not likely to facilitate a project in an area that contains known historical or archaeological resources. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. In addition, the proposed ordinance allows residential care facilities serving six or fewer persons to be a permitted use in the City's residential zoning districts. The procedure does not propose any particular development. Moreover, a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning program and the General Plan protects historical and archaeological resources. Impacts are considered less than significant; therefore, no mitigation measures are required. 5.c. Less Than Significant Impact: Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review, as applicable. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning program and the General Plan protects unique paleontological resources or sites, and unique geologic features. Impacts are considered less than significant; therefore, no mitigation measures are required. 5.d. Less Than Significant Impact: Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review. If a future reasonable accommodation was on a site that had the potential to disturb any human remains, including those interred outside of formal cemeteries, the project would be subject to mitigation regarding the handling of the remains. Impacts are considered less than significant; therefore, no mitigation measures are required. 11 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Expose people or structures to potential substantial adverse effects, including the risk of Toss, injury, or death involving: X i Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii Strong seismic ground shaking? X iii Seismic -related ground failure, including liquefaction? X iv Landslides? X b Result in substantial soil erosion or the loss of topsoil? X c Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Comments: 6.a.i-iv. Less Than Significant Impact: The proposed ordinance is not expected to result in significant impacts from exposing people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known active fault zone, seismic hazard zone or Alquist-Priolo Earthquake Fault Zone. Although the City of Temecula lies within a general region of known fault zones and seismic activity, the project is a discretionary procedure for requests for reasonable accommodation that may result in a modification to a policy, procedure, or standard in the General Plan and/or Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to the California Building Code (CBC) and may require appropriate approvals from the City's Public Works Department, including preparing a geotechnical report if the accommodation is located in a fault zone. In addition, future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation would be addressed through a project -level CEQA review. Therefore, if a reasonable accommodation or residential care facility serving six or fewer persons would be located within area with active or potentially active faults, seismic ground shaking and/or related ground failure including liquefaction, or landslides, the project -level CEQA review would address impacts, and mitigation may be required. Future requests for residential care facilities are likely to be located in existing single family homes and will not be subject to discretionary review. Furthermore, future request are subject to the state law, which prohibits structures for human occupancy within 50 feet of an active fault trace. Nonetheless, the Elsinore fault, an Alquist-Priolo Earthquake Fault Zone, traverses the City of Temecula (2005 City of Temecula General Plan, PS -6). The existence of known fault zones creates the potential for seismic 12 hazards. The degree of seismic ground shaking would depend on the characteristics of the earthquake, including the generating fault, the distance to the epicenter, the magnitude of the earthquake, and the site- specific conditions. Compliance with the CBC includes the incorporation of seismic safety features, such as proper building footings and proper structure, and a registered engineer would review the future request to ensure that all required earthquake safety measures are incorporated in the design of the reasonable accommodation or residential care facility serving six or fewer persons. Such compliance with existing standards would ensure an adequate level of protection from seismic hazards. Impacts are considered less than significant; therefore, no mitigation measures are required. 6.b. Less Than Significant Impact: The underlying surficial geology in Temecula is predominantly composed of well -drained fine sandy loams, sandy loams and gravelly silt loams. Soils characterized by low permeability or high run-off are susceptible to erosion (2005 City of Temecula General Plan, PS -10). Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facility serving six or fewer persons would be addressed through a project - level CEQA review. If a future reasonable accommodation or residential care facility serving six or fewer persons would be located on a site susceptible to soil erosion, short-term erosion effects during the construction phase of the project would be prevented through implementation of a Storm Water Pollution Prevention Plan (SWPPP), which is required in accordance with the Countywide National Pollutant Discharge Elimination System (NPDES) General Construction Activity Permit. The SWPPP includes standard construction methods such as sandbags, silt fencing, and temporary detention basins to control on-site and off- site erosion. Impacts are considered less than significant; therefore, no mitigation measures are required. 6.c. Less Than Significant Impact: Subsidence occurs when earth material shrinks due to natural or artificial removal of underlying support. This process occurs in poor, unconsolidated soils and poorly compacted fill areas. The potential for liquefaction in an area is a function of the soil type and depth of groundwater. Poorly consolidated soils combined with groundwater during an earthquake can result in lateral spreading, subsidence, liquefaction or collapse. The potential for subsidence and liquefaction exists along Santa Gertrudis and Temecula Creek (2005 Temecula General Plan, PS -9-10). Although there are areas in Temecula that may not be suitable for development, the proposed Ordinance is a discretionary procedure for requests for reasonable accommodation that may result in a modification to a policy, procedure, or standard in the General Plan and/or Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are not expected to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Future reasonable accommodations or residential care facilities serving six or fewer persons are subject to the California Building Code (CBC), which requires safety measures to be undertaken in the design and construction of projects for human occupancy. Impacts are considered less than significant; therefore, no mitigation measures are required. 6.d. No Impact: The proposed Ordinance creates a discretionary procedure and would not result in creating substantial risks to life or property in relation to the location of expansive soils. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, the CBC, and may require appropriate approvals from the City's Public Works Department. Therefore, if a future reasonable accommodation or residential care facility serving six or fewer persons would be located on expansive soil, as defined by in Table 18-1-B of the Uniform Building Code, it would be addressed through a project -level CEQA review. Furthermore, a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning and the General Plan discourages risks to life and property. Thus, no impacts are foreseen and no mitigation is required. 6.e. No Impact: The proposed Ordinance creates a discretionary procedure that will not result in the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. No impacts are foreseen; therefore, no mitigation is required. 13 7. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Comments: 7.a.b. Less than Significant Impact: At this time there are no adopted statewide guidelines for greenhouse gas emission (GHG) impacts, but this is being addressed through the provisions of Senate Bill 97 (SB 97). The project, a proposed Ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not likely result in development that would generate greenhouse gas emissions, either directly or indirectly, or conflict with AB 32 State goals for reducing GHG emissions. It is not anticipated that the project would have a major impact (either positively or negatively) on the global concentration of GHG. GHG impacts are considered to be exclusively cumulative impacts; there are no non -cumulative greenhouse gas emission impacts for a climate change perspective (CAPCOA, 2008). In addition, future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review. The City of Temecula does not have any plans, policies or regulations adopted for the purpose of reducing the emissions of GHGs. The project is expected to have a less than significant impact with regard to greenhouse gas emissions; therefore, no mitigation measures are required. 14 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potertially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? X b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X X e f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Comments: 8.a. No Impact: The proposed Ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not result in development that would create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The granting of a future reasonable accommodation or residential care facility serving six or fewer persons will not involve routinely transporting, using or disposing hazardous materials. The reasonable accommodations or residential care facilities authorized by this Ordinance will not involve the routine transport or use of hazardous materials or the routine generation of hazardous wastes beyond those normally encountered in a residential setting, typically termed "household hazardous wastes." The City provides a program to accept and dispose of household hazardous wastes. No impacts are foreseen; therefore, no mitigation is required. 15 8.b. No Impact: The proposed Ordinance will not result in reasonably foreseeable accident conditions and will not involve the release of hazardous materials into the environment. No impacts are foreseen; therefore, no mitigation is required. 8.c. No Impact: The proposed Ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not result in development that would emit hazardous emissions or require the handling of hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The granting of a future reasonable accommodation will involve modifications to City policies and procedures to allow disabled persons to have equal access to housing opportunities. The Ordinance will not involve hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste. No impacts are foreseen; therefore, no mitigation is required. 8.d. Less Than Significant Impact: Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for any development project to consult specified State -prepared lists of hazardous waste sites and submit a signed statement to the local agency indicating whether the project is located on or near an identified site. Under the statute, no application shall be accepted without this signed statement. The City of Temecula has nine identified hazardous sites and two identified public well sites. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code. The General Plan discourages new development from being located on a site that is included on the list of hazardous materials sites compiled pursuant to Section 65962.5. The granting of a future reasonable accommodation or residential care facilities serving six or fewer persons is not likely to create a significant hazard to the public or the environment by being located on a site with hazardous materials. Impacts are considered less than significant; therefore, no mitigation measures are required. 8.e -f. No Impact: French Valley Airport is a general aviation airport owned and operated by the County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles north of Temecula's city center and one and one-quarter mile northwest of the City limits within the sphere of influence. In November 2004, the Riverside County Airport Land Use Commission (ALUC) adopted the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula General Plan, LU -5). The proposed Ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not result in development that would pose a safety hazard for people residing or working within two miles of a public airport or public use airport. Most reasonable accommodations are likely to be for the construction of alternative access for single family homes and the granting of a future reasonable accommodation will not conflict with the adopted ALUCP. The ALUCP establishes procedural requirements for compatibility between airports and the land uses that surround them. Any impacts from future granting of reasonable accommodation would be addressed through a project -level CEQA review, including ALUCP consistency, as applicable. No impacts are foreseen; therefore, no mitigation is required. 8.g. Less Than Significant Impact: The proposed Ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not likely result in development that would impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The reasonable accommodations authorized by this Ordinance are likely to be for the construction of alternative access for single family homes, thus improving on-site circulation and necessary access for the disabled in emergency situations. Impacts are considered less than significant; therefore, no mitigation measures are required. 8.h. Less Than Significant Impact: Temecula is subject to both natural and urban fires. Areas posing a significant risk to the City are subject to the California Public Resources Code, Sections 4291-4299, which require property owners to conduct periodic maintenance to reduce the fire danger. The Riverside County Fire 16 Department (RCFD) provides fire protection and prevention services to reduce the potential for dangerous fires. The RCFD conducts fire hazard education and protection programs, and enforces the current Uniform Fire Code used to prevent structural fire (2005 City of Temecula General Plan, PS13-14). In addition, future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project-level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project-level CEQA review. The General Plan discourages new development from being located in high fire hazard area. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and cannot conflict with the General Plan policy of discouraging development in high fire hazard areas. Therefore, the granting of a future reasonable accommodation is not likely to expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residents intermixed with wildlands. Impacts are considered Tess than significant; therefore, no mitigation measures are required. 17 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? X b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Require the preparation of a project -specific WQMP? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j Inundation by seiche, tsunami, or mudflow? X Comments: 9.a. Less Than Significant Impact: Surface water sources are subject to pollutants and sediment carried in run-off. To address the problem of urban run-off, the Clean Water Act was amended in 1987. The proposed ordinance will not likely violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and are required to comply with all current soil erosion and pollutant discharge elimination standards in effect at the time of project approval. A future reasonable accommodation or residential care facility serving six or fewer persons will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit from the State Water Quality Resources Control Board and may be required to obtain permits and approvals from the County of Riverside Department of Environmental Health and the City's Public Works Department, as applicable. The General Plan encourages protection of water quality and adequate water supplies for the 18 health and quality of life for Temecula residents, employees, and visitors. Any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review. Impacts are considered less than significant; therefore, no mitigation measures are required. 9.b. No Impact The local ground water basin is the Murrieta -Temecula Basin. This aquifer is recharged by underflow, surface flow from creeks in the area, and by direct precipitation in the valley. The Rancho California Water District (RCWD) that utilizes both groundwater and imported water supplies to ensure adequate water is available for consumers. Imported water is utilized to ensure that significant overdraft of local ground water supplies does not occur. The proposed ordinance creating a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The General Plan discourages impacts associated with depleting groundwater supplies. The proposed ordinance is limited to providing fair and equal access to housing opportunities, and is not related to large developments that might affect water levels. No impacts are foreseen; therefore, no mitigation is required. 9.c -e. Less Than Significant Impact: Temecula requires the use of Best Management Practices (BMPs) to reduce run-off from construction and current land uses, consistent with NPDES permit requirements. The proposed ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts would not be expected to substantially alter the existing drainage pattern of a future reasonable accommodation site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. There are no anticipated negative downstream impacts that would result from the granting of a reasonable accommodation. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and a Water Quality Management Plan (WQMP), as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review, and WQMP requirements would ensure any new drainage design that increases surface runoff from the site as a result of increased impervious surface would be reduced to an insignificant level of flow before leaving the project site. In addition, existing onsite facilities will control increased storm water runoff in a manner consistent with the General Plan's requirements for flood control. Impacts are considered less than significant; therefore, no mitigation measures are required. 9.f. Less Than Significant Impact: The proposed ordinance will not violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. Future reasonable accommodations or residential care facilities serving six or fewer persons may be required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm -Sewer permit (MS4 permit) issued by the Regional Water Quality Control Board depending on the extend of the proposed accommodation. WQMP requirements ensure any new drainage design that increases surface runoff from the site as a result of increased impervious surface would be reduced to an insignificant level of flow before leaving the project site. Impacts are considered less than significant; therefore, no mitigation measures are required. 9.g. No Impact: The proposed ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not place housing within a 100 -year flood hazard area. The proposed ordinance is limited to providing fair and equal access to residential uses, merely authorizes residential care facilities in existing residential districts, and is not related to the expansion of residential housing. No impacts are foreseen; therefore, no mitigation is required. 9.h. Less Than Significant Impact: Although it is possible that a structure could be placed within a 100 -year flood hazard area to accommodate a reasonable request, it is not expected that the proposed 19 ordinance would significantly increase development within a 100 -year flood hazard area that would impede or redirect flows. Future granting of reasonable accommodations or residential care facilities serving six or fewer persons are subject to project -level CEQA. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and the General Plan discourages development in the floodway portion of a 100 -year floodplain. Any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review and through appropriate permits, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 9.i -j. Less Than Significant Impact: Flood hazards in Temecula are divided into three categories: natural flooding, dam failure, and mud debris flows. Temecula contains several FEMA Special Flood Hazard Areas (SFHAs). These areas have the potential to become flooded when major rainstorms, earthquake, erosion, or improper siting or design cause streams to overflows, dams to fail, or mud and debris to flow from hillsides. The City participates in the National Flood Insurance Program (NFIP), which makes flood insurance available to property owners affected within the 100 -year floodplain. The proposed ordinance for establishing a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not directly or substantially expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam or inundation by seiche, tsunami, or mudflow. The proposed ordinance is limited to providing fair and equal access to residential uses. The Ordinance authorizes accommodations so long as they do not fundamentally alter the nature of the land use or zoning code. Since the General Plan discourages development in the floodway portion of a 100 -year floodplain, impacts are considered less than significant. Therefore, no mitigation measures are required. 20 10. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? X b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 10.a. Less Than Significant Impact: The proposed ordinance will not result in the physical division of an established community. The proposed ordinance merely creates a procedure by which a person may request a reasonable accommodation to enjoy housing opportunities and permits residential care facilities serving six or fewer persons in residential zoning districts. The ordinance does not alter the circulation element, revise a zoning map, or affect a community's connectivity. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Any possible impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be speculative at this point and will be addressed through a project -level CEQA review. Since a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and the General Plan contains policies to encourage neighborhood character, the proposed ordinance will not physically divide an established community. Impacts are considered less than significant; therefore, no mitigation measures are required. 10.b. Less Than Significant Impact: The proposed Ordinance was included as a Program of the 2008- 2014 Housing Element Update. Thus, the proposed Ordinance implements the General Plan and Housing Element. Future requests for reasonable accommodation will be considered through a staff level, administrative review process and are subject to project -level CEQA review. Therefore, any impacts from future granting of reasonable accommodation would be speculative at this point and would be addressed through a project -level CEQA review. The Ordinance is not likely to facilitate new development that would alter the nature of the land use and zoning code. The Ordinance does not conflict with any land use plan, policy or agency regulation adopted to avoid or mitigate environmental effects. Instead, the Ordinance implements existing policies. Impacts are considered less than significant; therefore, no mitigation measures are required. 10.c. Less Than Significant Impact: The MSHCP is a comprehensive, multi -jurisdictional plan that focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. The City of Temecula General Plan outlines a number of policies that emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that all significant biological resources be identified on a property when requesting any site modifications. The project is a proposed amendment to the zoning code establishing a procedure for requesting reasonable accommodations from a policy, procedure, or standard in the zoning code and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning 21 districts. The Ordinance authorizes only those reasonable accommodations that do not fundamentally alter the nature of the land use and zoning program. Since the General Plan protects against alteration of natural and sensitive habitats, the Ordinance will not conflict with any applicable habitat plan conservation plan. Impacts are considered less than significant; therefore, no mitigation measures are required. 22 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Comments: 11.a -b. No Impact: According to the General Plan EIR, the City is within Mineral Resource Zone 3a (MRZ-3) as classified by the State Geologist. The MRZ-3 areas contain sedimentary deposits that have the potential to supply sand and gravel for concrete and crushed stone for aggregate. However, these areas are not considered to contain deposits of significant economic value, based on available data. The proposed ordinance would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state because the classified Mineral Resource Zone within the City of Temecula is not considered to contain deposits of significant economic value. Furthermore, the proposed ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies will not result in development that would cause the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. No impacts are foreseen; therefore, no mitigation is required. 23 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 12.a -c. No Impact: Although it is possible that temporary construction noise would be generated during construction of development associated with a reasonable accommodation, reasonable accommodations are generally associated with residential uses. The Ordinance is not expected to result in more intense development that would expose persons to noise levels in excess of standards established in the Local general plan, or generate excessive groundbome vibration or groundborne noise levels, or create a substantial permanent increase in ambient noise levels within the project vicinity above levels existing without the project. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and must be consistent with the General Plan. Since the General Plan discourages noise impacts above levels existing without the project, the Ordinance will not expose people to noise levels in excess of standards established in the General Plan. No impacts are foreseen; therefore, no mitigation is required. 12.d. Less Than Significant Impact: It is possible that temporary construction noise would be generated during construction of development associated with a reasonable accommodation; however, most future reasonable accommodation requests are likely to be for construction of alternative access for single family residences, which are small scale projects that will not substantially increase temporary or periodic ambient noise levels in the project vicinity above levels existing without the project. Future requests are subject to the project -level CEQA and must adhere to all Building Code restrictions required to reduce temporary construction noise including limited construction hours. Impacts are considered less than significant; therefore, no mitigation is required. 12.e -f. Less Than Significant Impact: French Valley Airport is a general aviation airport owned and operated by the County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles north of Temecula's city center and one and one-quarter mile northwest of the City limits within the sphere of influence. In November 2004, the Riverside County Airport Land Use Commission 24 (ALUC) adopted the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula General Plan, LU-5). While it is possible that a future reasonable accommodation project or residential care facilities serving six or fewer persons could be located within two miles of a public airport or public use airport, any excessive noise exposure would be temporary during the construction period. The proposed Ordinance will not likely result in development that would expose people residing or working within two miles of a public airport or public use airport to excessive noise levels beyond what already exists. It merely creates a procedure by which a disable person or his/her representative may request an accommodation from the City's land use policies or procedures so as to have equal access to housing. Any impact of a future reasonable accommodation or residential care facilities serving six or fewer persons would be speculative at this point and will be addressed through a project-level CEQA review, including ALUCP consistency, as applicable. Impacts are considered less than significant; therefore, no mitigation is required. 25 13. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: 13.a. Less Than Significant Impact: The proposed ordinance would not be expected to induce direct or indirect population growth. The Ordinance merely establishes a procedure by which a disabled person or his/her representative may request a reasonable accommodation from the City's land use policies or procedures in order to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The Ordinance does not propose any new development, nor extend roads or infrastructure. In addition, a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and since the General Plan is based on population projections, a reasonable accommodation would not create a significant increase in population growth or exceed population projections. Impacts are considered less than significant; therefore, no mitigation is required. 13.b -c. Less Than Significant Impact: The proposed ordinance would not be expected to displace substantial numbers of existing housing units or a substantial number of people. The Ordinance merely establishes a procedure by which a disabled person or his/her representative may request a reasonable accommodation from the City's land use policies or procedures in order to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The Ordinance does not propose any new development. Future requests for reasonable accommodation are subject to project -level CEQA review, as applicable. Therefore, any impacts related to population growth would be addressed through project -level CEQA review and mitigation may be required. However, a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and as the General Plan is based on population projections, a reasonable accommodation would not be a project with these characteristics or create a significant impact. Impacts are considered less than significant; therefore, no mitigation is required. 26 14. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: X Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Comments: 14.a. Less Than Significant Impact: Fire Protection The Riverside County Fire Department provides fire protection and safety services to the City. The proposed ordinance would not create staffing or response time problems that would result in a substantial need for new or physically altered fire facilities. The General Plan encourages adequate facilities and emergency response. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to public services would be addressed through project -level CEQA review and fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. Impacts are considered Tess than significant; therefore, no mitigation is required. Police Protection Law enforcement services are provided to the City through a contractual agreement with the Riverside County Sheriffs Department. The proposed ordinance would not create staffing or response time problems that would result in a substantial need for new or physically altered police facilities. The General Plan encourages adequate facilities and emergency response. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to population growth would be addressed through project -level CEQA review and fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. Impacts are considered less than significant; therefore, no mitigation is required. Schools Public education facilities are provided by the Temecula Valley Unified School District (TVUSD). any demand on the existing school District. The proposed ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential wig dis#ietszoning districts will not likely put an additional demand on school facilities or create capacity 27 problems at individual schools. Most reasonable accommodation requests are likely to be for construction of alternative access for single family residences, such as wheel chair ramps, elevator shafts, etc. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to public services would be addressed through project -level CEQA review and fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. impacts are considered Tess than significant; therefore, no mitigation is required. Parks The proposed ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not increase population or place an associated burden on parks in the area. The General Plan encourages adequate facilities and emergency response. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to public services would be addressed through project -level CEQA review and fee mitigation may be required. The City of Temecula's Quimby requirements are designed to offset the potential impacts to park and recreation and public facility maintenance. Impacts are considered less than significant; therefore, no mitigation is required. Other public facilities The City of Temecula's Quimby requirements and Development Impact Fees (DIF) are designed to offset the potential impacts to fire, police, park and recreation and public facility maintenance, including roads. The proposed ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not increase population or place an associated burden on governmental facilities, including libraries. To offset any impacts, future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and may be required to pay the DIF, as applicable. Impacts are considered less than significant; therefore, no mitigation is required. 28 15. RECREATION. Issues and Supporting Information Sou•ces Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Comments: 15.a. Less Than Significant Impact: The proposed ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not increase population or increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The General Plan encourages adequate facilities and the proposed ordinance is limited to providing fair and equal access to residential uses, and is not related to recreational facilities. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to recreational facilities would be addressed through project -level CEQA review and fee mitigation may be required. The City of Temecula's Quimby requirements are designed to offset the potential impacts to park and recreation and public facility maintenance. Impacts are considered less than significant; therefore, no mitigation is required. 15.b. No Impact: The proposed ordinance creating a procedure to request a reasonable accommodation and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts does not require the construction or expansion of recreational facilities that adversely affect the environment. The proposed ordinance is limited to providing fair and equal access to residential uses, and is not related to the expansion of recreational facilities. No impacts are foreseen; therefore, no mitigation is required. 29 16. TRANSPORTATION/TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? X b Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e Result in inadequate emergency access? X f Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Comments: 16.a. Less Than Significant Impact: The proposed Ordinance does not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system. The Ordinance merely establishes a procedure by which a disabled person or his/her representative may request a reasonable accommodation from the City's land use policies or procedures in order to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The Ordinance does not propose any new development. The proposed ordinance should not affect transportation or traffic. Impacts are considered less than significant; therefore, no mitigation measures are required. 16.b. Less Than Significant Impact: The Ordinance does not propose any specific development, but merely establishes an administrative procedure. The Ordinance is not expected to generate a significant number of increased trips, and any increase in trips would be speculative at this point. In addition, the Ordinance authorizes only those accommodations that comply with the General Plan. Thus, these types of projects cannot fundamentally increase trip generation that would conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways because the General Plan discourages poor circulation and projects that exceed the service thresholds outlined in the Congestion Management Plan (CMP). Impacts are considered less than significant; therefore, no mitigation measures are required. 16.c. No Impact: The proposed Ordinance will not result in a change in air traffic patterns, an increase in 30 traffic levels, or a change in the location of facilities that results in substantial safety risks. It is highly unlikely that a reasonable accommodation or residential care facilities serving six or fewer persons authorized pursuant to this Ordinance would produce additional lighting or glare that would cause risk to air traffic patterns. Future reasonable accommodations or residential care facilities serving six or fewer persons are subject to project - level CEQA review, and applicable lighting issues will be addressed during the building plan check and inspection process. No impacts are foreseen; therefore, no mitigation is required. 16.d. Less Than Significant Impact: The proposed Ordinance will not substantially increase hazards due to design features or incompatible uses. All future reasonable accommodation designs will be subject to the CBC and all new access and roadway improvements as part of any future reasonable accommodation will be required to comply with design criteria contained in the Caltrans Design Manual and other City circulation requirements and standards, including any proposed driveway alterations, access alterations, step and porch alterations, etc. to accommodate a wheel chair ramp or other device necessary for a physical disability. Impacts are considered less than significant; therefore, no mitigation measures are required. 16.e. Less Than Significant Impact: The proposed Ordinance will not result in or be located in areas that have inadequate emergency access that would result in problems for emergency vehicles. In fact, most reasonable accommodations are likely to improve on-site circulation and access for the disabled in emergency situations. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and may require appropriate permits from the City Fire, Building and Safety, and Public Works Departments that would ensure the safety of the design and adequate emergency access for the disabled. Impacts are considered less than significant; therefore, no mitigation measures are required. 161 Less Than Significant Impact: The Ordinance does not propose any specific development, but merely establishes an administrative procedure by which a disabled person may request an accommodation from the City's land use policies and procedures so as to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The proposed Ordinance will not result in development that would conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Impacts are considered less than significant; therefore, no mitigation measures are required. 31 17. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation incorporated Less Than Significant Impact No Impact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g Comply with federal, state, and local statutes and regulations related to solid waste? X Comments: 17.a, e. Less Than Significant Impact: The Ordinance does not propose any specific development, but merely establishes an administrative procedure by which a disabled person may request an accommodation from the City's land use policies and procedures so as to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. Thus, the proposed Ordinance will not result in development that would create urban pollutants, including oils and other substances. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and are required to comply with all current soil erosion and pollutant discharge elimination standards in effect at the time of project approval. A future reasonable accommodation or residential care facilities serving six or fewer persons will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit from the State Water Quality Resources Control Board. The NPDES permit is required for any discharge of wastes to surface waters, resulting from dewatering during construction, stormwater runoff from construction, and construction sites. The permit includes a list of Best Management Practices (BMPs), which outline measures to be undertaken to guard against accidental contamination of ground waters and surface waters. Impacts are considered less than significant; therefore, no mitigation measures are required. 17.b. No Impact: The Ordinance does not propose any specific development. As such, the proposed Ordinance will not increase population or place an associated burden on wastewater service system capacity. In addition, the Ordinance will not contribute to a cumulative demand impact on the wastewater system. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and may be subject to payment of sewer connection fees for any potential impacts from on sewage systems. Considering the limited scope of the project, no impacts are foreseen; therefore, no mitigation is required. 32 17.c. No Impact: The proposed Ordinance will not create a significant amount of storm water run-off nor result in an associated burden on existing drainage facilities or the need for expansion of drainage facilities. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review in which the adequacy of the capacity of downstream facilities would be verified. Considering the limited scope of the project, no impacts are foreseen; therefore, no mitigation is required. 17.d. No Impact: Rancho California Water District (RCWD) supplies water service to the area. The proposed Ordinance does not propose any specific development and will not create an additional demand for water supply. A future reasonable accommodation or residential care facilities serving six or fewer persons may create a negligible residential increase in water usage during construction; however, all future projects are subject to project -level CEQA review. In addition, a reasonable accommodation cannot fundamentally alter the nature of the land use or zoning code, thus resulting in a significant need for new water entitlements. No impacts are foreseen; therefore, no mitigation is required. 17.f -g. No Impact: The Ordinance does not propose any specific development, but merely establishes an administrative procedure by which a disabled person may request an accommodation from the City's land use policies and procedures so as to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The proposed Ordinance will not generate demand for solid waste services and does not have the potential to contribute to potentially significant cumulative demand impacts on the solid waste system. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review; therefore impacts will be reviewed on a case-by-case basis. In addition, a reasonable accommodation cannot fundamentally alter the nature of the land use or zoning code, thus resulting in activities that will significantly impact solid waste services or facilities. No impacts are foreseen at this time; therefore, no mitigation is required. 33 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b Does the project have impacts that are individually limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Comments: 18.a -c. Less Than Significant Impact: The project is a proposed ordinance establishing a discretionary procedure for requests for reasonable accommodations from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The ordinance is not likely to facilitate new development. The proposed amendment to the zoning code complies with state and federal housing Fair Housing laws. Future requests for a reasonable accommodation will be considered through a staff -level, administrative review process and will be subject to CEQA. Based on the City's research, the accommodations granted are likely to be modifications to standards or procedures for small projects that have negligible impacts on the physical environment. Most reasonable accommodation requests are likely to be for the construction of alternative access for residences, such as wheel chair ramps, elevator shafts, etc. Under the proposed Ordinance, and as required by state law, residential care facilities serving six or fewer persons will be treated like a single-family home for zoning purposes. These facilities are not expected to have impacts in excess of other single-family homes and therefore, allowing these small residential care facilities in residential zoning districts will not have any impacts on the physical environment. The proposed ordinance sets forth policies that ensure that the existing policies and standards of the General Plan and Zoning Code that minimize risks to life and property are not altered in order to grant a reasonable accommodation. A request for a reasonable accommodation will be approved based on the necessity for a person with a disability to have fair and equal access to housing. The request cannot result in a fundamental alteration to the land use and zoning code, and cannot create an undue financial or administrative burden on the City. There are existing measures in place that limit any potential impacts. Therefore, the project is not expected to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Given the limited scope of the ordinance and the findings required to grant a reasonable accommodation, the project is not expected to have impacts that are individually limited, but cumulatively considerable. Nor would the project have environmental 34 effects that will cause substantial adverse effects on human beings, either directly or indirectly. Impacts are considered Tess than significant; therefore, no mitigation measures are required. 35 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. SOURCES The impacts associated with the implementation of the City of Temecula General Plan were previously identified and discussed in a Final Environmental Impact Report certified in 1993, and again in a Final Environmental Impact Report for the comprehensive update of the General Plan, which was certified in 2005. The Environmental Impact Report for the City of Temecula General Plan also identified specific general plan level mitigation measures and adopted a statement of overriding consideration for agricultural resources, air quality, biologic resources, education, library, noise, transportation and circulation. 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report (1993) 3. City of Temecula General Plan Final Environmental Impact Report (2005) 4. South Coast Air Quality Management District CEQA Air Quality Handbook 5. Multiple Species Habitat Conservation Plan (2003) 36 NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: LR11-0002 City of Temecula Recommend that the City Council adopt a Citywide Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request reasonable accommodation from the City's Zoning and Land Use Policies for persons with disabilities to have fair and equal access to housing, and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts consistent with State law. In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Study. As a result, a Negative Declaration will be adopted in compliance with CEQA. Dana Weaver, (951) 693-3928 City of Temecula, Council Chambers June 1, 2011 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner. Item No. 20 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 28, 2011 SUBJECT: An extension to the adopted Interim Urgency Ordinance for a Citywide moratorium on the approval of Conditional Use Permits for businesses to sell alcoholic beverages for off sale consumption (LR11-0007) PREPARED BY: Cheryl Kitzerow, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt an interim urgency ordinance entitled: URGENCY ORDINANCE NO. 11 - AN EXTENSION TO THE INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA 2. Adopt this staff report. SUMMARY OF ORDINANCE: On May 24, 2011, the City Council adopted Ordinance No. 11- 02 implementing a Citywide moratorium on the approval of Conditional Use Permits (CUP) for businesses to sell alcoholic beverages for off sale consumption, when such CUP is required. The initial time period for the moratorium is 45 days; however staff is requesting an extension of the moratorium until May 13, 2012. This extension would provide staff adequate time to prepare studies as may be required to determine the appropriate locations in the City for Off -Sale Alcohol CUP Businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. Staff anticipates bringing a draft ordinance to the Planning Commission and City Council in August/September. In addition, staff will determine if additional regulations should be imposed upon Off Sale Alcohol CUP Businesses to reduce their detrimental impacts on public peace, health and safety and report these findings to the City Council at a public hearing. BACKGROUND: Planning staff is processing Planning Application No. PA11-0010, a Minor Conditional Use Permit to upgrade from an Alcohol Beverage Control (ABC) Type 20 License (Off -sale Beer and Wine) to a Type 21 License (Off -sale General Liquor) for Stop Quick Mini Mart located at 29762 Rancho California Road. On April 6, 2011, staff presented the request to the Planning Commission with a recommendation for denial. This recommendation was based on previous determinations and long-standing policy. Historically, the City has not supported the issuance of Type 21 licenses to gas stations or small convenience stores as they are typically incompatible with surrounding land uses and have the potential for increased crime related incidents. As records indicate, the majority of Type 21 licenses were permitted for large, chain grocery stores and a large pharmacy. Since 2002, for uses that require a Conditional Use Permit (and have a Type 21 license), there were only two CUP requests approved for businesses that were not grocery/department stores or pharmacies. These permits were for Barno's Liquor (PA10-0063) and Melano's Liquor (PA10-0168), which were requests for a transfer of existing licenses to new locations. Both establishments held their Type 21 ABC licenses prior to the City's incorporation. More recently, on April 11, 2011, staff issued a business license to Pete's Market to open as a convenience market with a Type 21 ABC license (transferred from outside the City limits) in Melano Liquor's Jefferson Avenue location. Pursuant to Section 17.03.070.F of the Development Code, this was permitted as a legal non -conforming use since Pete's Market will occupy the space before the 6 month expiration of the legal non -conformity that Melano's Liquor had been operating under. At its April 6, 2011 meeting, the Planning Commission continued Planning Application No. PA11- 0010 to allow time to review information provided by the applicant. On April 20, 2011, the Planning Commission approved the CUP request and directed staff to prepare a resolution and conditions of approval for adoption at the May 4, 2011 Planning Commission meeting. Much of the Commission discussion related to the unwritten City policy. Subsequent to the April 20, 2011 hearing, Commissioner Harter requested the Planning Commission reconsider their previous decision to allow the Council the opportunity to clarify the City's policy regarding alcohol beverage sales. On May 4, 2011, the Planning Commission voted to continue PA11-0010 off -calendar to allow the Council time to provide specific direction on their policy regarding Type 21 Licenses. Temecula Municipal Code Section 17.10.020.6.2 provides that grocery stores, drug stores and discount/department stores may offer the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted. Section 17.10.020.B.2. further provides that all other businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use, shall also require a conditional permit. Ordinance No. 05-05 also included required findings for liquor stores and minimum distance between businesses that require a conditional use permit to sell alcoholic beverages and public schools, parks, playgrounds, and churches. Under the City's current Municipal Code there are regulations for conditional use permits for businesses or establishments offering the incidental sale of alcoholic beverages for consumption off the licensed premises or "off -sale consumption." The concern has been that such businesses may be located within areas of the City which are inappropriate and incompatible with surrounding land uses and have the potential of increased crime related incidents. Staff is currently studying the land issues associated with Off -Sale Alcohol CUP Businesses in order to alleviate the conditions which led to the adoption of the interim ordinance and will return to the Council with amendments to the Development Code providing appropriate zoning standards and locations for these uses. Since adoption of the moratorium ordinance on May 24, 2011, Staff has been studying potential provisions for the City's Zoning Ordinance that would mitigate the detrimental impacts on public peace, health and safety expressed in the moratorium ordinance, including review of ordinances from other cities addressing these issues. Staff anticipates bringing a draft ordinance to the Planning Commission and City Council in August/September, 2011. In addition, staff will determine if additional regulations should be imposed upon Off Sale Alcohol CUP Businesses to reduce their detrimental impacts on public peace, health and safety and report these findings to the City Council at a public hearing. FISCAL IMPACT: None ATTACHMENT: Ordinance URGENCY ORDINANCE NO. 11 - AN EXTENSION TO THE INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA ORDAINS AS FOLLOWS: SECTION 1. Legislative findings. The City Council of the City of Temecula hereby makes the following findings in support of this interim ordinance extension: A. On May 24, 2005, the City Council of the City of Temecula ("City") adopted Ordinance No. 05-05, amending the Temecula Municipal Code to require that certain businesses obtain a conditional use permit in order to sell alcoholic beverages on the premises. B. Ordinance No. 05-05 amended Temecula Municipal Code Section 17.10.020.8.2 to provide that grocery stores, drug stores and discount/department stores may offer the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted. Section 17.10.020.8.2. further provides that all other businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use, shall also require a conditional permit. C. Ordinance No. 05-05 also included required findings for liquor stores and minimum distance between businesses that require a conditional use permit to sell alcoholic beverages and public schools, parks, playgrounds, and churches. D. The City Council is concerned that under the City's current Municipal Code regulations for conditional use permits for businesses or establishments offering the incidental sale of alcoholic beverages for consumption off the licensed premises or "off -sale consumption" (such a business shall hereinafter be referred to as an "Off -Sale Alcohol CUP Business"), such businesses may be located within areas of the City which are inappropriate for such uses. E. Pursuant to the City Council's direction on May 24, 2011, City staff has initiated studies to determine: (1) the appropriate locations in the City for such Off -Sale Alcohol CUP Businesses; (2) whether additional regulations should be imposed upon Off -Sale Alcohol CUP Businesses; and (3) whether Off -Sale Alcohol CUP Businesses should be prohibited in certain areas of the City. 1 F. In order that this may be accomplished, the City Council intends to extend the moratorium on the approval and issuance of conditional use permits for Off -Sale Alcohol CUP Businesses within the City so that City staff, the City Council, and the citizens of the City will have sufficient time to consider a comprehensive ordinance lawfully regulating Off -Sale Alcohol CUP Businesses in the City. The preparation of such an ordinance, together with the necessary public outreach, legal research, and City processes for consideration of such enactments, will require, at a minimum, ten (10) months and fifteen (15) days. G. Under state law, the City may twice extend an interim ordinance that imposes a temporary moratorium on the approval of applications while contemplated zoning and permitting proposals are being considered upon a finding that there is a current and immediate threat to the public health, safety, or welfare. Pursuant to California Government Code Section 65858(a), this first extension of the interim ordinance must be adopted by not less than a four-fifths vote of this City Council and will be in effect for an additional ten (10) months and fifteen (15) days from its adoption. The City Council may consider one additional one-year extension of the interim ordinance, pursuant to all legal requirements, if necessary. H. There is a current and immediate threat to public health, safety and welfare, because without this interim ordinance extension, new Off -Sale Alcohol CUP Businesses may be established in the City, so as to conflict with regulations or requirements ultimately adopted with respect to those facilities or uses. Without this interim ordinance extension, Off -Sale Alcohol CUP Businesses could have the following effects: (1) Create or exacerbate undue concentrations of businesses that sell alcohol within the City; (2) Create or exacerbate nuisance activities or other disturbances of the peace associated with Off -Sale Alcohol CUP Businesses, such as loitering, littering, reckless driving, violent assaults or other disturbances of the peace; (3) Create operational conflicts with other land use or facilities authorized or existing in the neighborhood; or (4) Deteriorate the quality of life in a particular community or neighborhood. I. At its meeting on May 24, 2011, the City Council adopted Urgency Ordinance 11-02, an Interim Ordinance of the City of Temecula pursuant to California Government Code Section 65858 Imposing a Moratorium upon the Approval of Conditional Use Permits for Businesses Requiring Conditional Use Permits to Sell Alcoholic Beverages for Off Sale Consumption in the City of Temecula, and adopted associated findings of urgency. Said ordinance was adopted so that City staff, the City Council, and the citizens of the City will have sufficient time to consider a 2 comprehensive ordinance lawfully regulating the Off -Sale Alcohol CUP Businesses in the City. Said ordinance was effective immediately upon its adoption and remains in effect for a period of forty-five (45) days, pursuant to Government Code Sections 36934, 36937, and 65858(a). J. Pursuant to Government Code Section 65858, Section 10 of Urgency Ordinance 11-02, adopted by the City Council, directs the Director of Planning and the City Clerk's office to undertake all actions legally necessary to extend the interim urgency ordinance in the event the studies and reports desired by the City Council would not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of the interim urgency ordinance. Under state law, the interim ordinance may be extended by adoption by not less than a four-fifths vote of this City Council. K. The Director of Planning and the City Clerk find that additional time is needed to prepare the necessary studies and reports in order to consider a comprehensive ordinance lawfully regulating Off -Sale Alcohol CUP Businesses in the City, pursuant to Government Code Section 65858. L. Pursuant to Government Code Section 65090, a duly noticed public hearing was held on June 28, 2011 at 7 p.m. in the City Hall Council Chambers, 41000 Main Street, Temecula, California. Notice of the time, date, place and purpose of the aforesaid hearing was duly given. M. Evidence, both written and oral, was duly presented to and considered by the City Council of the City of Temecula at the aforesaid public hearing. SECTION 2. Adoption as Urgency Interim Zoning Ordinance. This ordinance is adopted as an interim zoning ordinance, extending Urgency Ordinance 11-02, pursuant to the provisions of Government Code Section 36934, 36937, and 65858, and shall be effective immediately upon adoption for a period of ten (10) months and fifteen (15) days. Based upon the findings set forth in Section 1 of this Ordinance, the City Council finds and determines that the adoption of this ordinance as an interim urgency zoning ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934, 36937 and 65858(a), and is necessary to provide additional time to prepare the necessary studies and reports in order to consider a comprehensive ordinance lawfully regulating Off -Sale Alcohol CUP Businesses in the City. SECTION 3. Moratorium established. The City of Temecula hereby extends the interim moratorium on the approval and issuance of conditional use permits for those businesses or establishments offering the incidental sale of alcoholic beverages for off - sale consumption in conjunction with an otherwise allowable use and requiring a conditional use permit, pursuant to Section 17.10.020.6 of the Temecula Municipal Code. SECTION 4. Moratorium defined. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, no application for a conditional use permit, site plan review, building permit, or any other entitlement for the establishment of an 3 Off -Sale Alcohol CUP Business shall be approved during the term of the moratorium specified in Section 5 of this ordinance. SECTION 5. Moratorium term. This ordinance shall take effect immediately upon its passage. It shall be of no further force or effect ten (10) months and fifteen (15) days from the date of adoption, unless extended pursuant to Section 10 of this ordinance. SECTION 6. The provisions of this interim ordinance shall not apply to a restaurant, grocery store, drug store, discount/department store or any other business or establishment that does not require a conditional use permit in order to sell alcoholic beverages, pursuant to Section 17.10.020.B of the Temecula Municipal Code and pursuant to Title 17 (Zoning) of the Temecula Municipal Code. SECTION 7. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim ordinance is exempt from the California Environmental Quality Act of 1970 ("CEQA"), as amended, because it can be seen with certainty that this urgency ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim ordinance and the effects derivative from that adoption are exempt from the application of CEQA, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 Cal. Code Regs. § 15061(b)(3)). The moratorium will temporarily prohibit businesses that seek conditional use permits to sell alcohol for off -sale consumption, and will thereby serve to reduce potential significant adverse environmental impacts. The City Council further finds, in the exercise of its independent judgment and analysis, that the adoption of this urgency ordinance is exempt from CEQA, pursuant to Section 15060(c)(2) of the State CEQA Guidelines (14 Cal. Code Regs. § 15060(c)(2)), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. These findings are premised on the fact that the adoption of this urgency interim ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as adopted by the City without change or alteration. A Notice of Exemption has been completed in compliance with CEQA and CEQA Guidelines. SECTION 8. Severabilitv. If any section, subsection, clause or phrase of this interim ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this interim ordinance. The City Council hereby declares that it would have passed this interim ordinance and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, clauses, or phrases be declared invalid. SECTION 9. Planning Studies. City staff shall promptly continue the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of zoning and other necessary regulatory controls over Off -Sale Alcohol CUP Businesses within the City of Temecula. Pursuant to 4 Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this interim ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim ordinance. SECTION 10. Extension of Time. The Director of Planning and the City Clerk's office shall undertake all actions legally necessary to extend for a second time this interim ordinance in the event the studies and reports desired by this City Council will not be concluded on or before the tenth (10th) month and fifteenth (15th) day subsequent to the adoption of this interim ordinance, pursuant to the provisions of Government Code Section 65858(b). SECTION 11. Effective Date. This ordinance shall take effect immediately upon its passage. It shall be of no further force or effect ten (10) months and fifteen (15) days from the date of adoption, unless extended pursuant to Section 10 of this ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 5 Ron Roberts, Mayor 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. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of June, 2011, 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 , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 6 Susan W. Jones, MMC City Clerk COUNCIL BUSINESS Item No. 21 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: June 28, 2011 SUBJECT: Planning Commission Appointment PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint one applicant to serve a full three-year term on the Planning Commission through June 15, 2014. BACKGROUND: The term of Commissioner Carl Carey expired on June 15, 2011. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the opening in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Roberts and Council Member Naggar for review and recommendation. Both Mayor Roberts and Council Member Naggar have recommended the re -appointment of Commissioner Carl Carey to serve a full three- year term through June 15, 2014. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of June 7, 2011. FISCAL IMPACT: None ATTACHMENTS: Two (2) Applications for Appointment i6-07-1IAI 1:41 RCV;) City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula JUN - i Please Check One: :C Planning Community Services Public Traffic Safety Number of years as a City of Temecula Resident // Are you a City Registered Voter? l NAME: C4R1- R. C 4RE y OCCUPATION: CO/ ra . 7%4P - 4/62R. ADDRESS: 20235 Core ft. (1 4L6ilJ() E i C (4 cA 9z592_ � '57— 7 57-2.502 DAYTIME PHONE:w 95'- $2C• - 595 2- EVENING PHONE:&) 967.493 -4Yy42o EMPLOYER NAME: e i ry of 2 ve_asi of EMPLOYER ADDRESS: 3,ex711A"i'lJ GA- r Ra11.1 I2 C CA/EYercl�evsr� g252L E-MAIL Educational Background/Degrees:� ^^ - 773c.4six.EsS t��trM., 6#0,/.0-4-0-404' 44301- r List any City or County Board, Committee or Commission on which you have served and the year(s) of service: 6—� a f e S'6'tEQ c e f7' C.A&ui`ti5 Comm- try _ %zV G 416 tic % erg -Cu Ch 5,itic,E m472.Lf 2/ 2,0,0 (� List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): 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 an /or references are encouraged.) Z /1*'E siticercl�veie g -1/$1 „x- mr c-ov+�r•�wi 5s Iv,.) d -c 5ervt t 17/7 07- / e c-ncu (A. / 17 n 4 c rracu�.J /4-1,0 bli t rice CC7M/iL�l'Ytth- - TI ` 11'�ir v"'fl^f P61-NN1 eo .44 ss to I understand that any or all information on this form may be verified. l consent to the release of this information for public information purposes. Signature: Date: 6 - 6 — I Please retum to: City Clerk's Offices 200 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 Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 1:'x:1 ;rVE) :f U Ni `' 2011 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: )( Planning Community Services Public Traffic Safety Number of years as a City of Temecula Resident Are you a City Registered Voter? Y 5 NAME: CAAv WATT OCCUPATION: RETIRED- C,LtF S7ArEPARKS ADDRESS: 00 FILE. W, -TN 714E Gt7Y DAYTIME PHONE: q5l "5izi —92-71 EVENING PHONE: SA/T1E EMPLOYER NAME: R,-IREW-CAL1FOP.NIA STA7E PARRS EMPLOYER ADDRESS: 1?89I LAke POR.ts aL. rTRRIS,CA• E-MAILCilU6WpYAkoO. Educational Background/Degrees: 8S. 0t6ftEE. Ito NI TU AL RASAuRcE MAN /4E0T:-}ium86 LOT ZTA7E uN1VFR1'ri-ARcATA,CA. E>;EcU7iVc MANA6E1riE,J PRo6RA i, GkAou4rt. ScsooL Of MAu T) UG � I VERS /OE List any City or County Board, Committee or Commission on which you have served and the year(s) of service: OLD 'Tomo LOCAL RE'fiEW 6411RD(zOot3--211 CUftf turLy CNA►RJEks1A/ Eisitiokt-n1,iRRIETA-A0/2,1 Rtsr� Rc cm 5E4V roil DlsrRicT $DARD of DI coR,s (2003-26o7) SAk A kOSAANO SARJiAGIVTo lriDLtl07+NS iv4l oiL amt~iT ADVIVR'/ (-owe\rt`TEE(2:0(-2008) RIV;:251Ar C.,0t4 nY MSNCP r�ES>:R�;t=q Th , thANA6kmENT 6J r�h-r com �-rrE (2pps� L00$) Wiij�UFr C 1Q$ ODR <.-UOStAVATtcIU L}c�CTti T/ (1�VCcA\Icc•7_ZDo List any organizations to which you belong (professional, technical, funteer group , non-profit organizations, service clubs, etc.): V IwLA6ES cammuto.r_ HOMEOL 4)Eks ASsvcr,T hrt MIRE bF b«Ect ,' S (22-2) 7F rnE C-144-41 Pairs Sri VA L VV L UOTEE k 0c)04 -200,812A 0) PALomAR CLILLZ61Z A0iuNci-T rAGUcry G State why you wish to serve on this commission, and why you believe you are q alified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) p ERSE A77Acf4ED 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: Please ret Date: //I /2-011 to: City Clerks Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE QUALITIES AND ATTRIBUTES OF AN EFFECTIVE COMMISSIONER • Informed citizen (someone knowledgeable about local affairs) • Ability to have a good rapport with citizens • Genuine concern for the community as a whole • Be a good listener • Served in another capacity prior to commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Relates well to other people, including other commissioners • Has the ability to accept decisions not of their own personal view if that is the will of the majority Planning Commission Appointment Application Gary Watts, Temecula, CA 951-514-9271 I am currently appointed to the Old Town Local Review Board and have applied to be reappointed. I have great interest in Old Town and enjoy the job we are doing on the OTLRB. I am currently the chairperson. However I wanted to express my interest in serving on the Planning Commission should there be a vacancy. If the current incumbent is applying to be reappointed then I will be perfectly happy to withdraw this application and ask to be considered for reappointment to the OTLRB. I have attached a copy of my application to the OTLRB for your reference rather than simply repeat the same information here. That copy details my experience on the board and in the community for the 18 years I have lived in Temecula. But I would like to highlight some of that experience here. I retired from California State Parks in December of 2008 as the regional manager for the Riverside/ San Bernardino/ eastern Orange County area. I served 11 years in this capacity and interacted with community groups, non profits, elected officials, and government representatives at the local, state, and federal level. Specifically I worked extensively with representatives from Riverside, Brea, Chino Hills, Moreno Valley, Yorba Linda, Orange County, San Bernardino County, Riverside County, Cal Trans, the Bureau of Land Management, the Forest Service, and the Palm Springs Aerial Tramway. This interaction focused primarily with development issues that affected the local state parks in some manner. That experience included a significant understanding of both CEQA and NEPA requirements and considerations. It also centered on the operation of specific State Parks that are located in city or county jurisdiction. I was also extensively involved in the development and adoption of three protected area general plans (Mt. San Jacinto State Park, Chino Hills State Park, and the Santa Rosa and San Jacinto Mountains National Monument). I can provide you with letters of recommendation if you need them. I have decided not to ask for any at this time due to the uncertainty of this application going forward as referenced in my first paragraph. Thank you very much for your consideration. Gary alts Old Town Local Review Board Application Gary Watts, Temecula, California 951-514-9271 I was appointed to the Old Town Local Review Board on June 24, 2008. During my three years on the Board I have learned a great deal about not only Old Town itself but how It exists within the greater context of the City of Temecula. The Board and I have had a chance to review several new and exciting projects and provide our input as they made their way through the city's approval process. We as a Board feel the city is headed in a great direction and the continued evolvement of Old Town is key to its future success as a vibrant and exciting destination and community to visit and live in. We have also had a chance to provide input and recommend approval of the new Old Town Specific Plan adopted by the Council last year. And we have seen the grand opening of our fantastic new city hall which overlooks all of Old Town and the beautiful hills that serve as a scenic backdrop to Temecula. I currently am the Board Chairperson for this coming year and I feel that I have very good rapport with both my fellow board members and the city planning staff the Board interacts with. I also feel that we have a good understanding of the Old Town residents and business community and the overall vision the city has developed for Old Town. I retired from Califomia State Parks in December of 2008 as the regional manager for the Riverside/ San Bemardino area. In that capacity I worked with community groups, non profits, elected officials, and govemment representatives at the local, state, and federal level. I was very involved in development issues that impacted our local state parks and also helped develop three separate general plans for both state and federal protected areas. That experience included a significant interaction and understanding of both CEQA and NEPA requirements and considerations. Additionally l have volunteered for the annual Temecula film festival, served as a board member of my neighborhood homeowners association, was appointed to the local Resource Conservation District, and am employed on a part time basis as a retired annuitant with California State Parks. I believe that I am qualified for reappointment to the Old Town Local Review Board through my experience gained in my first three year term on the Board, through my position with California State Parks and my involvement with our community here in Temecula. I hope to continue to contribute ideas, energy and vision to the Board. Thank you very much for your consideration. /./11/<5, COPY Item No. 22 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: June 28, 2011 SUBJECT: Old Town Local Review Board Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2014. BACKGROUND: The terms of Committee Members Peg Moore and Gary Watts expired on June 15, 2011. The City Clerk's office has followed the Council's established procedure for filling Committee vacancies by advertising the openings in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Roberts and Council Member Washington for review and recommendation. Both Mayor Roberts and Mayor Pro Tem Washington have recommended the re -appointment of Committee Members Peg Moore and Gary Watts. All applicants are registered voters. Although nota requirement of this committee, all applicants are residents of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of June 7, 2011. FISCAL IMPACT: None ATTACHMENTS: Five (5) Applications for Appointment City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 06 -O5 -11A11:47 ;CVD Old Town Local Review e Board Application For proper consideration, you must currently be a Registered Voter Temecula Resident? X If yes, number of years 12 Are you a Registered Voter? Yes NAME: Jeffrey "Chip" Dodson OCCUPATION: Teacher, TVHS ADDRESS: DAYTIME PHONE: EVENING PHONE: 951 553-1160 EMPLOYER NAME: Temecula Valley Unified School District EMPLOYER ADDRESS: _• •- E-MAIL Educational Background/Degrees: Three Community College of the Air Force Degrees: Criminal Justice, Instructor of Technology/Military Science, and Personnel Administration Currently full time student with Azusa Pacific, BS Org Ldrshp (grad Jan 12) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: 2007 -Present : President of JROTC summer camp committee, Professional Learning Community (PLC) council, TVUSD, Key Club Advisor, Temecula Valley H.S. List any organizations to which you belong (professional, technical, community service): Veteran's of Foreign Wars (VFW), Americal Legion, Air Force Sergeants Association, Fellowship of Christian Athletes, Worship team, Calvary Chapel State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) 1 could list numerous community service events and awards, but the bottom line is I'm proud of our awesome city, and it's no secret that Temecula is on the map because of Old Town and it's history. I would be honored to be a part of preserving the history and "feel" of our historic gem. I understand that any or all information on this form may be verified. I consent to the release of this information-for..public infoaion purposes. Signature: C /1 5 Jun 2011 Date: lease return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Old Town Local Review Board Application For proper consideration, you must currently be a Registered Voter CEIVED JUN --r2011 Temecula Resident? Yes If yes, number of years 2 Are you a Registered Voter? Yes NAME: Julie Ngo OCCUPATION: Insurance Agent ADDRESS: DAYTIME PHONE: EVENING PHONE: 619 246 0489 EMPLOYER NAME: State Farm Insurance - Julie Ngo Agency 28410 Old Town Front St. Ste10 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, community service): otary Club of Temecula- Youth Services Chair Temecula Chamber of Commerce Murrieta Chamber of Commerce National Association of Insurance & Financial Advisors Volunteer Chair for Boys & Girls club "Our Kids Rock" event Old Town Temecula Association Board of Directors 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.) As an active member of this community and a business owner in Old town Temecula I want to stay actively involved in the decision process of making Old Town Temecula a long term and vital part of the City. Many business owners see the potential of this part of town and it is important to stay engaged in making certain it lives up to its full potential. My goal is to review projects that maintain the charm of this area but also add to its growth and maturity. 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: 4)-3-11 eturn to:City-lerk s Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Business References: Walt Allen Architects 28465 Old Town Front Street, Suite 201 Temecula CA 92590 Phone: (951)693-0301 Contact: Walt Allen Tierra Verde 41861 Corte Valentine Temecula, CA 92592-6375 Phone: (951) 699-3747 Contact: Gary Thornhill Jerry Konchar Pechanga Development Corporation 45000 Pechanga Parkway Temecula, CA 92592-5810 Phone: (951)770-8999 Contact: Jerry Konchar City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 RECEIVED MAY 31 2011 Old Town Local Review Board Application For proper consideration, you must currently be a Registered Voter Temecula Resident? If yes, number of years/2'" Are you a Registered Voter? /.-t.:7 NAME: /) 14/G1 OCCUPATION: Ra- ADDRESS:. 112- DAYTIME 1DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: E-MAIL Educational Background/Degrees: /9,9- Ra.:), /e4, .RKS DEP1 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, community service): //� State why you wish to serve on this commission, an why you Zieve you are qualifie r the position. Please be specific. You may attach a separate sheet of paper if necessary.) t� r C�Y:usrt) I understand that any or all information on this form may be verified. I consent to the release of this information for_•ublic informatioy purposes. Signature: Date: Plesreturn to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 MAY 242.011 Old Town Local RegV a Board Application For proper consideration, you must. currently be a Registered Voter Temecula Resident? 3If yes, number of years /4 Are you a Registered Voter? ,}�::5 NAME: /- L T 47)1;0%, (= OCCUPATION: /!' ADDRESS: DAYTIME PHONE: ( EVENING PHONE: Sd/71e:' EMPLOYER NAME: /r/ EMPLOYER ADDRESS: E-MAIL Educational Background/Degrees: 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, community service): 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.) 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: fi__o d /7 ?,-'to- Date: _'/3// Please retufn to: City Clerk's Office, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE akirrr Educational Background/Degrees: Master of Administrative Science, The Johns Hopkins University 1977 Bachelor of Science, Accounting, University of Baltimore 1973 Home Economics, University of Illinois, Urbana, 1953 - 1955, 1961 - 1962 Cal State University San Marcos Osher Life Long Institute, Classroom Ambassador and Regional Ambassador 2008 - Current Evergreen Society, The Johns Hopkins University, Continuing education for retirees, 1993 -2001, Social Chair 1994 - 2000 City or County Boards, Committees or Commissions served: Temecula Old Town Local Review Board 2002 — Current, Vice -chair 2006, Chair 2007 - 2010 Temecula Old Town Specific Plan Committee 2010 - 2011 Temecula City Civic Center Architectural Selection Committee 2004 Ronald Reagan Sports Park Can -Do Club Board Secretary 2004 — 2006 Temecula Valley Museum Docent 2003 — 2009 Children's Temecula Valley History Contest judge 2007-2008, 2011 Temecula Citizens Corps Co -Program Administrator 2002 - 2004 Temecula City Councilmember 1989 —1992 Temecula Redevelopment Agency 1989 —1992, Chair 1991 Temecula Community Services District 1989 —1992, Vice President 1991 Temecula City Committees 1989 - 1992: Airport Finance Design Standards Integrated Waste Management Public Works/Facilities Old Town Planning Chair The City Committee for Incorporation Secretary 1988 —1989 Organizations Served: Temecula/Murrieta Kiwanis Club 2003 — Current, Board 2004 — 2008, Treasurer 2010 - Current, House Committee Chair 2007 - Current Golden Valley Music Society Advisory Board 2010 - Current Temecula Valley Chamber of Commerce Life Long Achievement Award Co -Winner 2010 Golden Valley Music Society Co -Patron of the Year 2010 Alternatives to Domestic Violence Board 2002 — 2008, Treasurer 2004 — 2007 Southwest Riverside County Lincoln Club Board Secretary 2006 - 2008 A Volunteer Center of Riverside County's Volunteer of the Year 2005 Temecula ADV Outreach Advisory Committee 2003 — 2008 Temecula Valley Chamber of Commerce 1986 —1992, 2001— Current, Governmental Action Committee 2001— 2005, Legislative Summit Committee 2003 — 2004, Governmental Affairs Committee 1987 —1989, Chair 1988 —1989, Ambassador 1988 —1989, Member of the Year Nominee 1988 & 2006, Business of the Year Nominee 1987, Balloon and Wine Fest Committee 1987 —1992, Admissions Chair 1989 Temecula Convention and Visitors Bureau Member 2005 - Current Musicians Workshop Board Advisor 2004 — 2007 Temecula Valley Historical Society Member 2001 - Current; Liaison from Old Town Local Review Board 2009 - Current Temecula Valley Arts Council Member 2002 - Current, Board Assistant Treasurer 2004 — 2005 Temecula Friends of the Library Life Member 2001— Current Temecula Valley Wine Society Member 1987 —1992, 2001— Current Riverside International Wine Competition Volunteer 2002 — Current Rancho Temecula Exchange Club Member 1987 —1992, Treasurer 1989 —1992 Temecula Town Association Member 1986 —1992 Temecula Playhouse Board 1988 —1992 Sam Hicks Monument Park Board 1987 —1989 The reasons I believe I am qualified, and desire, to serve on the Old Town Local Review Board are: I believe that Temecula's Old Town, and the historic buildings located outside the district, are great economic benefits to the City, and wish to see that they continue to attract quality development, maintain their historical integrity, and remain major tourist attractions within the City. I firmly believe in preserving Temecula's history and sharing it with our citizens and tourists alike. I appreciated being a part of the Civic Center guiding force, and believe I have a unique position in understanding the desires of city government, the philosophy of Temecula and its heritage. I love the City of Temecula and would like to continue be part of the force that makes this city the best place in the world to live, work and play. ?KS DEPT. City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 RECEIVED MAY 0 9 2011 Old Town Local Review :i! Board Application For proper consideration, you must currently be a Registered Voter Temecula Resident? Yr 3 If yes, number of years r Are you a Registered Voter? 'r= NAME: CARy WATTS ADDRESS: 00 F/ -E W1T4 ?NE CITY OCCUPATION: RETIRED DAYTIME PHONE: EVENING PHONE: 151-5574-927( EMPLOYER NAME: k TIRED -CCLIFa14Nlti S- A7E PAt6es EMPLOYER ADDRESS: I7HDl L4kE (*KRIS ORS P-RRIS, • E-MAIL Educational Background/Degrees: D KEE iu /V,rruRiL PESouRces MANN6EmEt3T._Hum6cLoT STS UNiV&srTY—gts:AtAt CA. ExECt,rrttia f c'NRCcmEN i Pt o6RArr) 6010u rirre SC L o& piIAwy i n- ) UC. R IURS IDE List any City or County Board, Committee or Commission on which you have served and the year(s) of service: OLD iWOJ LOCAL REvt ew 60ARD (2 6A -2..0r) CURREN7Ly CHAIRPERSOtJ FLS uNEVE -In uRRr TA-/1NZA R .cctkce cAr/satIATIoiv /1.57$ T (,6AROOF IRK,-rofiS (2053-2co7) SANTA RvSfl ANC SAM ITAClI)TO mIX1nrAtti3 /JATtorAL. MaNumetJT AOVI5DRW CoMmrneE (200 i-2Ac)P) RI'ERS10e CoNtiTY MSHC.P RaseoE MAIJF.I,EmENT ovERsiarr t)mm(TrEE (21,05-2c68) WLD fLJt ( apKI tP rMSERVATINJ quT,'cNoA(P/ (v,c/4) (! r`,2_cY� 7-�s List any organizations to which you belong (professional, technical, community st�rvice): �ILlA6ES C,ommu&rrY NOrr,ERS ASS()CIaTto!J Bo/PO )F (DIRECTORS (2.A02.- 2000 `TEMECuLA Pup) fEsTilJ,L VDLDNr EER (2c0G-2ooh) 20I°) PALomAR COLLE6e. AoSuNcT FACULTY (!98-24) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) PLEASE 'SEE ATTrt(3-1D I understand that any or all information on this form may be verified. 1 consent to the release of this information f �ubliq i ormation purposes. Signature: �u� r Please re, eirn to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 Date: 5/212Di 1 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Old Town Local Review Board Application Gary Watts, Temecula, California I was appointed to the Old Town Local Review Board on June 24, 2008. During my three years on the Board I have learned a great deal about not only Old Town itself but how it exists within the greater context of the City of Temecula. The Board and I have had a chance to review several new and exciting projects and provide our input as they made their way through the city's approval process. We as a Board feel the city is headed in a great direction and the continued evolvement of Old Town is key to its future success as a vibrant and exciting destination and community to visit and live in. We have also had a chance to provide input and recommend approval of the new Old Town Specific Plan adopted by the Council last year. And we have seen the grand opening of our fantastic new city hall which overlooks all of Old Town and the beautiful hills that serve as a scenic backdrop to Temecula. I currently am the Board Chairperson for this coming year and I feel that I have very good rapport with both my fellow board members and the city planning staff the Board interacts with. I also feel that we have a good understanding of the Old Town residents and business community and the overall vision the city has developed for Old Town. I retired from California State Parks in December of 2008 as the regional manager for the Riverside/ San Bernardino area. In that capacity I worked with community groups, non profits, elected officials, and government representatives at the local, state, and federal level. I was very involved in development issues that impacted our local state parks and also helped develop three separate general plans for both state and federal protected areas. That experience included a significant interaction and understanding of both CEQA and NEPA requirements and considerations. Additionally I have volunteered for the annual Temecula film festival, served as a board member of my neighborhood homeowners association, was appointed to the local Resource Conservation District, and am employed on a part time basis as a retired annuitant with California State Parks. I believe that I am qualified for reappointment to the Old Town Local Review Board through my experience gained in my first three year term on the Board, through my position with California State Parks and my involvement with our community here in Temecula. I hope to continue to contribute ideas, energy and vision to the Board. Thank you very much for your consideration. g.,10 Item No. 23 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 28, 2011 SUBJECT: Congressional Redistricting Recommendations PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE PROPOSED CALIFORNIA CITIZENS REDISTRICTING COMMISSION'S RECOMMENDATION TO DIVIDE THE CITY OF TEMECULA INTO TWO SEPARATE CONGRESSIONAL ELECTION BOUNDARIES AND REQUESTING THAT ALL OF THE CITY OF TEMECULA BE INCLUDED IN THE NEW PRS/I-15 CORRIDOR CONGRESSIONAL DISTRICT WITHIN RIVERSIDE COUNTY BACKGROUND: California citizens, via a State Initiative, required that an independent commission redraw State Assembly, State Senate, and Congressional boundaries in accordance with data received from the 2010 U.S. Census. The goal was to stop the State legislature gerrymandering and to set up districts that made logical sense, and to balance communities. One important facet, however, was to keep communities together. The area that ultimately became the City of Temecula has been a part of Riverside County since the County was formed in 1893. The draft Assembly and Senate maps include all of Temecula within one district. However, the Redistricting Commission has determined in its initial draft analysis to sever a large portion of the City of Temecula into a San Diego County Congressional District. While this area has been well served by Congressman Darrell Issa, all of Temecula logically and politically should remain a part of Riverside County's congressional delegation, much like the draft Senate and Assembly maps. FISCAL IMPACT: None. ATTACHMENTS: Resolution Letter to the California Citizens Redistricting Commission RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE PROPOSED CALIFORNIA CITIZENS REDISTRICTING COMMISSION'S RECOMMENDATION TO DIVIDE THE CITY OF TEMECULA INTO TWO SEPARATE CONGRESSIONAL ELECTION BOUNDARIES AND REQUESTING THAT ALL OF THE CITY OF TEMECULA BE INCLUDED IN THE NEW PRS/I-15 CORRIDOR CONGRESSIONAL DISTRICT WITHIN RIVERSIDE COUNTY WHEREAS, California citizens, via a State Initiative, required that an independent commission redraw State Assembly, State Senate, and Congressional boundaries in accordance with data received from the 2010 U.S. Census. WHEREAS, the goal for the California Citizens Redistricting Commission was to stop State legislature gerrymandering and to set up districts that made logical sense, and to balance communities. Additionally, an important goal for the Commission was to keep communities together. WHEREAS, the area that ultimately became the City of Temecula has been a part of Riverside County since the County was formed in 1893. The draft Assembly and Senate maps include all of Temecula within one district. However, the Redistricting Commission has determined in its initial draft analysis to sever a large portion of the City of Temecula into a San Diego County Congressional District. WHEREAS, consistent with the goal of keeping communities together, all of Temecula logically and politically should remain a part of Riverside County's congressional delegation, much like the draft Senate and Assembly maps. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA that the City of Temecula formally opposes the proposed California Citizens Redistricting Commission's recommendation to divide the City of Temecula into two separate congressional election boundaries and requests that the Redistricting Commission revise the boundary map to include all of the City of Temecula in the new PRS/I-15 Corridor Congressional District within Riverside County. THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA that the City of Temecula authorizes its Council and city staff to communicate its opposition to the proposed California Citizens Redistricting Commission's recommendation to divide the City of Temecula into two separate congressional election boundaries and to request that all of the City of Temecula be included in the new PRS/I-15 Corridor Congressional District within Riverside County. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of June, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of July, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk June 28, 2011 Citizens Redistricting Commission 901 P Street, Suite 154-A Sacramento, CA 95814 SUBJECT: Congressional Redistricting Boundary Adjustment Request Dear Sir or Madam: As local elected officials, we understand the challenges involved in determining the appropriate redistricting boundaries for our State and we would like to commend the Citizens Redistricting Commission's efforts to date. Although the City of Temecula agrees with the draft Assembly and Senate maps, the City is opposed to the Commission's recommendation to divide the City of Temecula into two separate congressional election boundaries. The area that ultimately became the City of Temecula has been a part of Riverside County since the County was formed in 1893. While the draft Assembly and Senate district maps place the City of Temecula within one district within Riverside County, the draft congressional map severs a large portion of the City of Temecula into a San Diego County Congressional District. It is the City of Temecula's contention that, while this area has been well served by Congressman Darrell Issa, an important goal for the Commission is to keep communities together. Therefore, all of Temecula logically and politically should remain a part of Riverside County's congressional delegation, much like the draft Senate and Assembly maps. We urge you to reconsider your recommendation to divide the congressional election boundaries within the City of Temecula and to revise the draft congressional map to include all of the City of Temecula within the new PRS/I-15 Corridor Congressional District within Riverside County. Sincerely, Ron Roberts Mayor cc: City Council 1 DEPARTMENTAL REPORTS Item No. 24 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 28, 2011 SUBJECT: May Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of May, 2011. CURRENT PLANNING ACTIVITIES New Cases The Division received 41 new applications for administrative, other minor cases, and home occupations including 4 applications for public hearings during the month of May. Special Projects & Lona Rance Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: • Temecula Regional Hospital — This project was approved by the City Council on January 22, 2008. On December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010, extending the approval until January 22, 2011. The applicant submitted a Major Modification application on June 18, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. The Planning Commission recommended that the City Council approve the Major Modification application on December 15, 2010 and City Council approved the Modification application on February 8, 2011. The applicant has submitted permit applications to the Regional Water Quality Control Board, Army Corps, and the California Department of Fish and Game and is currently seeking environmental clearances from these agencies as required for release of their grading permit. Environmentally sensitive areas on the project site have been identified by these agencies, and the agencies have provided clearance for the application to begin grading operations outside of the environmentally sensitive areas. A grading permit was issued for rough grading operations on June 8, 2011. Clearing and grubbing operations began on June 9, 2011, and cut/fill operations are scheduled to begin on June 21, 2011. (FISK) • The Green House Gas (GHG) Emissions Inventory—The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. Two inventories were prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. The next steps are to select a target emission reduction and identify implementation measures that will achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Staff is currently reviewing potential reduction measures to see if a 15 percent reduction in GHG emissions below baseline is feasible. (WEST) • Residential Energy Efficiency Loan Program — The Residential Energy Efficiency Loan Program makes low interest loans available to low and moderate income homeowners to make energy efficient improvements to their homes. The Program allows for specific types of energy efficiency improvements based on the year of construction, which coincides with the changes to Energy Codes of the California Building Standards. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for qualifying interior and exterior home improvements. The program was approved by the City Council on September 14, 2010 and staff began accepting applications on January 1, 2011. The two applications that were being reviewed were determined to be ineligible for funding. Currently, there are no applications pending. (WESTNVEAVER) • Liberty Quarry Draft Environmental Impact Report — The County of Riverside released the Draft Environmental Impact Report for Granite Construction's Liberty Quarry Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, truck scales, and truck and equipment parking areas within a 414 acre -site located adjacent to the City's southern boundary within the County of Riverside. The City reviewed the Draft Environmental Impact Report and provided comments to the County of Riverside on November 23, 2009. Despite voluminous comments on the DEIR received by the County on the project, the Riverside County Planning staff determined that redrafting/recirculation of the Liberty Quarry Surface Mining Permit Draft Environmental Impact Report is not required. As a result, the County alternatively released responses to comments with its proposed Final EIR on March 24, 2011. A Staff Report was released thereafter recommending approval to the Planning Commission of the project and certification of the EIR. The City Attorney responded with written comments on April 26, 2011. The County of Riverside commenced Planning Commission hearings on Liberty Quarry on Tuesday, April 26, 2011 and Tuesday May 3, 2011 at Rancho Community Church in Temecula. The Mayor and all City Council Members spoke in opposition of the project and three City staff members further addressed traffic, hydrology/water run-off and noise concerns. The next hearing is scheduled June 22, 2011 and is anticipated to complete all public testimony. The County Planning Commission has expressed its desire to hear an organized approach of opposition experts to address environmental concerns that the proponent's experts will also address. The logistics have of expert testimony has not been worked out entirely. The City is collaborating opposition efforts in common defense together with Pechanga, SDSU, SOS, and the Endangered Habitat League and, based upon views expressed by the Planning Commissioners, it is anticipated a scheduled block of time for expert testimony will be scheduled following the conclusion of June 22, 2011 public testimony speakers. (JOHNSON/RICHARDSON/ LOWREY) • Jefferson Avenue Specific Plan — Staff is studying the Jefferson Avenue Corridor to create a Specific Plan for the area. The boundaries of the Jefferson Avenue Corridor are preliminarily defined to include all properties north of Rancho California Road, east of Diaz, south of the Murrieta City boundary and west of Interstate 15. In June 2010, approximately 15 representatives of the Urban Land Institute (ULI) together with City Staff conducted a tour of the Jefferson Corridor. The ULI Technical Advisory Panel consists of design, architectural, engineering, retail, and planning experts and provided the City with an outside expert review of the Jefferson Avenue Corridor with land use recommendations. The ULI Technical Advisory Panel (TAP) held a one day planning summit in the Council Chambers on June 23, 2010, and shared their findings and recommendations with City staff. On September23, the recommendations from the ULI Technical Advisory Panel were presented at a ULI Transit Oriented Development conference in Anaheim. This conference was intended to highlight the planning efforts being made throughout California in relation to the future high speed rail that will eventually connect San Diego to San Francisco. The City of Temecula was recognized, along with two other cities (San Diego and San Jose), for its future transportation planning efforts and ULI TAP process. Since the future high speed rail station will be located to the north of the Temecula boundary in Murrieta, the ULI TAP process provided a case study for a "station adjacent" community and focused on how future land use planning efforts within the Jefferson Avenue Corridor will take advantage of the proximity to the future high speed rail station. The ULI TAP recommendations have provided valuable information from a group of outstanding and diverse professionals. The recommendations from the study will set the foundation as the City embarks on our own planning effort for the Jefferson Avenue Corridor. Staff is currently finalizing an Existing Conditions Summary Report for the project study area. This report will outline baseline information, including existing zoning and land uses, existing businesses, building square footages and development intensity, historic structures, parcel sizes, property ownership, existing and future planned roadway circulation, roadway capacity and existing traffic volumes, impacts of the French Valley Interchange on the corridor, existing transit routes and transit stops, existing sidewalk conditions, and existing and proposed Murrieta Creek trail improvements within the corridor. On January 11, 2011 the City Council established the Jefferson Corridor Ad Hoc Committee. Staff is currently preparing for the first meeting with the Jefferson Corridor Ad Hoc Committee to obtain direction before starting the public outreach and visioning process for the future specific plan. (RICHARDSON/ WATSON/WEST/INNES/LOWREY) • SCAG 2012 Regional Transportation Plan — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP includes a Sustainable Communities Strategy (SCS), which is a new component to the RTP as a result of the passage of SB 375. Staff has provided land use, employment and population data to SCAG and the County of Riverside Center for Demographic Research to establish Base Year Conditions and General Plan Based Growth Forecast/Distribution and land use for years 2020 and 2035. Staff is working with the SCAG Local Sustainability Planning Tool to apply land use and transportation scenario assumptions to develop the SCS. The Regional Transportation Plan, including the SCS, is scheduled to be adopted by SCAG by November 2012. (WEST) Caltrans Community Based Transportation Planning Grant — The City of Temecula was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant. This grant will fund a multi -jurisdictional transportation corridor planning effort for the Jefferson Avenue Corridor for the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The City of Temecula is the lead agency and primary recipient of the grant funding. WRCOG is a sub -recipient for the purposes of administering the grant. The City of Murrieta, City of Wildomar and City of Lake Elsinore are grant participants. The Jefferson Avenue Corridor is a 16 -mile central north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will address mobility, access and safety along the Jefferson Avenue Corridor. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, and the opportunities and impacts of increased intensity and density, mixed-use development and impacts and opportunities related to the transportation network. The final product emerging as a result of this grant will be a "Multi -Jurisdictional Corridor Plan for the Jefferson Corridor" which is a 20 -year transportation plan for the Jefferson Corridor. The Caltrans Community Based Transportation Planning grant is anticipated to complement the ULI Technical Advisory Panel study completed for the Jefferson Avenue Corridor which focuses on future land use and transportation planning efforts related to the high speed rail alignment through the City of Temecula. A Request For Proposal (RFP) was released on May 25, 2011 for multi -jurisdictional transportation and land use plan coordination. The RFP will close on June 16, 2011 and a consultant is expected to be selected and ready to start work in early July 2011. (WEST/INNES) • SCAG Compass Blueprint Demonstration Project Grant for the Jefferson Avenue Corridor and Specific Plan Visioning and Public Outreach Process - The City of Temecula was awarded a Compass Blueprint Demonstration Project grant by SCAG in February 2011 to provide visioning and outreach assistance for the Jefferson Avenue Multijurisdictional Corridor Planning effort funded by Caltrans and visioning and outreach assistance with the Jefferson Avenue Specific Plan. The objective of the grant is to establish a vision for the future of the Jefferson Corridor area through public outreach and an extensive visioning process. The visioning process is intended to promote SCAG's four key principles of livability, mobility, sustainability and prosperity and also focus on achieving the goals of SB 375. The future Jefferson Corridor Specific Plan area is intended to become a mixed-use, transit -oriented corridor and future planning efforts are intended to support the feasibility of the future High Speed Rail station that is slated to be located north of the specific plan area in the City of Murrieta. The public outreach project will include visioning workshops and a website dedicated to the visioning and public outreach efforts. SCAG released a Request for Proposals (RFP) for the public outreach project on April 25, 2011. The RFP will close on June 9, 2011 and a consultant is expected to be selected and ready to start work around July 1, 2011. (WEST/INNES) Planning Agenda Report 5/1/2011 through 5/31/2011 1. Recently Approved APN # • PA11-0089 Wahoos Concerts Major TUP 921810033 ERIC JONES A Major Temporary Use Permit to allow Wahoo's Fish Tacos, located at 29073 Overland Drive, to conduct a free community concert series within their parking lot. Dates for the concerts will be May 21st, June 25th, and August 20th between the hours of 6 p.m. and 9 p.m. Each event will feature live music, food, alcohol, and vendors. Submitted Date Approved Date Apr 11 2011 May 2 2011 • PA11-0130 Ponce Family Child Care APN # 919272004 CHERYL KITZEROW A Large family day care application for Brittany Ponce to operate at 31173 Avenida Del Reposo. There is currently a small day care on-site (up to 6 children) that would expand to a large day care (up to 14 children). Hours of operation are proposed for 8:30 a.m. to 2:30 p.m., with children ranging in age from 2-5 years old. Submitted Date Approved Date Apr 20 2011 May 242011 • PA11-0136 Meadows Dental Group APN # 954030002 ERIC JONES Major Temporary Use Permit for Meadows Dental Group Community Appreciation Event on May 14, 2011 from 11:00 a.m. until 2:00 p.m. Located at 31843 Rancho California Rd #300, Temecula, Ca. 92591. Submitted Date Approved Date Apr 25 2011 May 13 2011 1 of 9 Planning Agenda Report 5/1/2011 through 5/31/2011 2. Scheduled for Hearing APN # 944290025 • PA10-0309 Highgate Dev. Plan ERIC JONES A two-phase Development Plan application for a three-story, 97,685 square foot senior congregate care facility featuring 99 units consisting of studio, one bedroom, and two bedroom apartments generally located on the southwest corner of Rancho California Road and Moraga Road (APN 944-290-026) Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 21 2010 11/18/2010 May 18 2011 • PA11-0056 Margarita Crossings TPM 36369 APN # 921810033 CHERYL KITZEROW A Tentative Parcel Map No. 36369 to subdivide the Margarita Crossings shopping center from one existing lot into four lots for financing purposes. The project site is located at the southwest corner of Overland Drive and Margarita Road. Submitted Date Anticipated DRC Meeting Date Directors Hearing Mar 1 2011 Jun 2 2011 • PA11-0072 APN # Bratts Tapas Minor CUP 921320012 ERIC JONES A Minor Conditional Use Permit for Bratts Tapas and Cocktails to offer live entertainment and full alcohol (Type 47) at 27648 Ynez Road. Submitted Date Anticipated DRC Meeting Date Planning Commision Mar 24 2011 Jun 1 2011 APN # • PA11-0105 Newpath Networks (Node TM -09) 965080002 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street Tight pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -09) in the City of Temecula right-of-way on the east side of Butterfield Stage Road, approximately 185' south of the centerline of Royal Crest. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 192011 TBD APN # • PA11-0107 Newpath Networks (Node TM -11) 955132057 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -11) in the City of Temecula right-of-way on the southwest corner of Pauba Road, approximately 146' west of the centerline of Meadows Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 192011 TBD • PA11-0110 Newpath Networks (Node TM -14) A Conditional Use Permit for NewPath/Crown Castle to install antenna facilities on an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -14) in the City of Temecula right-of-way on the south side of Rancho California Road, approximately 320' west of the centerline of Butterfield Stage Road. APN # 955060002 MATTHEW PETERS Submitted Date Anticipated DRC Meeting Date Hearing Planned 2 of 8 Planning Agenda Report 5/1/2011 through 5/31/2011 Apr 19 2011 TBD • PA11-0112 Newpath Networks (Node TM -18) A Conditional Use Permit for NewPath/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -18) in the City of Temecula right-of-way on the northwest side of Southern Cross Road, across from Sky Terrace Drive. APN # 945203001 MATTHEW PETERS Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD 3 of 8 Planning Agenda Report 5/1/2011 through 5/31/2011 3. New Submittals Pending DRC Meeting APN # 945120001 • PA10-0214 Simms Zoning & GPA ERIC JONES A Zoning Map and General Plan Land Use Map Amendment application. Current zoning and General Plan designation is Very Low Residential. Proposed zoning and General Plan designation is L-1 (Low Density Residential). The project is located approximately 1,500 east of the Santiago and Ynez Road intersection (related application PA10-0213) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD • PA10-0226 Chaparral 3 DP APN # 922026041 CHERYL KITZEROW A Development Plan application for Chaparral 3, a 21,055 square foot, mixed use, three-story building with retail on the first floor and offices above at 28455 Old Town Front Street between Moreno Road and Sixth Street (APN: 922- 026-041). Associated with Variance request (PA11-0053) to reduce setback at northeast property corner and parking setback along western property line. Related Case PRO8-0047. Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 23 2010 8/19/2010 Jul 20 2011 • PA11-0009 Harveston TPM A 916560006 ERIC JONES A Tentative Parcel Map to allow one existing parcel to be divided into three separate parcels. Project is located on the southwest corner of Landings Road and Village Road within the Harveston Specific Plan (Current APN: 916-560 -006) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jan 18 2011 TBD • PA11-0031 Rancho Highlands Maravilla MHC A Major Temporary Use Permit for a Model Home Complex at Maravilla (Rancho Highlands - PA10-0326) located along the west side of Rancho Highlands Drive, east of Ynez Road. APN # 944330001 CHERYL KITZEROW Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 3 2011 TBD APN # • PA11-0053 Chaparral 3 Variance 922026041 CHERYL KITZEROW A Variance request for Chaparral 3 (PA10-0226) to reduce the front setback from 10 feet to a variable setback that ranges from 18" to 4 feet; and to reduce the rear setback for parking from 40 feet to 24 feet and to allow a drive ailse within this setback area. Project site is located at 28455 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Planning Commision Feb 25 2011 Jul 20 2011 • PA11-0085 CESNerizon light pole WC APN # 962010007 ERIC JONES A Wireless Antenna Facility to be located on a new 29.5 -foot tubular steel light pole within the right of way along the south side Wolf Valley Road approximately 285 feet east of the centerline of Pechanga Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned 4 of 8 Planning Agenda Report 5/1/2011 through 5/31/2011 Apr 82011 TBD APN # • PA11-0101 Newpath Networks (Node TM -04) 945050019 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -04) in the City of Temecula right-of-way on the north side of Pauba Road, approximately 260' west of the Library entrance. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0102 Newpath Networks (Node TM -06) A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -06) in the City of Temecula right-of-way on the west side of Amarita Way, approximately 175' south of Via Rivas. APN # 955352003 MATTHEW PETERS Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0103 Newpath Networks (Node TM -07) 955381002 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -07) in the City of Temecula right-of-way on the west side of Meadows Parkway, approximately 130' south of of the centerline of Corte Illora. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 192011 TBD APN # • PA11-0104 Newpath Networks (Node TM -08) 959281053 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -08) in the City of Temecula right-of-way on the east side of Jerez Lane, approximately 105' north of the centerline of Sunny Meadows. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0106 Newpath Networks (Node TM -10) A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -10) in the City of Temecula right-of-way on the north side of Crown Hill Road, approximately 70' northwest of the centerline of Sage Court. APN # 965020013 MATTHEW PETERS Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 192011 TBD APN # PA11-0108 Newpath Networks (Node TM -12) 955181040 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -12) in the City of Temecula right-of-way on the south side of Pauba Road, approximately 140' west of Via Rami. Submitted Date Anticipated DRC Meeting Date Hearing Planned 5 of 8 Planning Agenda Report 5/1/2011 through 5/31/2011 Apr 19 2011 TBD APN # • PA11-0109 Newpath Networks (Node TM -13) 955040006 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -13) in the City of Temecula right-of-way on the east side of Rancho Vista Road, approximately 145' south of the centerline of Paseo Goleta. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0111 Newpath Networks (Node TM -16) APN # 954102027 MATTHEW PETERS A Conditional Use Permit for NewPath/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -16) in the City of Temecula right-of-way on the west side of Avenida De La Reina, approximately 60' south of the centerline of Calle Aragon. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0113 Newpath Networks (Node TM -19) 944131001 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street Tight pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -19) in the City of Temecula right-of-way on the south side of Rancho Vista Road, approximately 360' west of Mira Loma Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 192011 TBD APN # • PA11-0114 Newpath Networks (Node TM -20) 944290021 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install antenna facilities on an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -20) in the City of Temecula right-of-way on the east side of Moraga Road, approximately 510' south of Rancho California Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0115 Newpath Networks (Node TM -22) A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -22) in the City of Temecula right-of-way on the north side of Rancho California Road, approximately 655' west of Margarita Road. APN # 921700002 MATTHEW PETERS Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0116 Newpath Networks (Node TM -23) A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -23) in the City of Temecula right-of-way on the south side of South General Kearny Road, approximately 555' east of La Serena Way. APN # 953340006 MATTHEW PETERS Submitted Date Anticipated DRC Meeting Date Hearing Planned 6 of 8 Planning Agenda Report 5/1/2011 through 5/31/2011 Apr 192011 TBD • PA11-0117 Newpath Networks (Node TM -24) APN # 965190026 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -24) in the City of Temecula right-of-way on the west side of Crown Hill Road, approximately 200' south of the centerline of Old Kent Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0118 Newpath Networks (Node TM -26) APN # 953050016 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -26) in the City of Temecula right-of-way on the south side of La Serena Way, approximately 90' east of Calle Pina Colada Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0119 Newpath Networks (Node TM -28) 959203024 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -28) in the City of Temecula right-of-way on the north side of Leena Way, approximately 125' east of Lucca Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0120 Newpath Networks (Node TM -31) APN # 919021010 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -31) in the City of Temecula right-of-way on the northwest side of General Kearney Road, approximately 1,250 feet south of Nicolas Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 192011 TBD • PA11-0121 Newpath Networks (Node TM -32) APN # 920100047 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -32) in the City of Temecula right-of-way on the north side of Nicolas Road, approximately 150' east of Winchester Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0122 Newpath Networks (Node TM -33) 916320039 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -33) in the City of Temecula right-of-way on the east side of Margarita Road, adjacent to Winchester Creek Park. Submitted Date Anticipated DRC Meeting Date Hearing Planned 7 of 6 Planning Agenda Report 5/1/2011 through 5/31/2011 Apr 19 2011 TBD • PA11-0123 Newpath Networks (Node TM -36) APN # 910290014 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -36) in the City of Temecula right-of-way on the north side of Winchester Road, approximately 460' southwest of the centerline of Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 192011 TBD • PA11-0124 Newpath Networks (Node TM -37) APN # 910281004 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -37) in the City of Temecula right-of-way on the north side of Winchester Road approximately 550' west of the centerline of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0125 Newpath Networks (Node TM -38) 909310072 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -38) in the City of Temecula right-of-way on the south side of Diaz Road, approximately 185' east of Zevo Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD • PA11-0127 Portola Terrace Apts DP APN # 922062003 CHERYL KITZEROW A Multi -family residential Development Plan application for Portola Terrace, to construct 45 apartment units and a parking structure on 1.53 acres located at 28673/28681/28701 Pujol Street. Associated cases include Parcel Merger PA11-0128 and Certificate of Historica Appropriateness PA11-0129. (Pre -app PR10-0033) Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 20 2011 5/12/2011 TBD 8 of 8 NIVNimr 011111W,m L11/1/41; qm alialc:SIAV Adu 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 25 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 28, 2011 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of May 2011. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Supervisor DATE: June 6, 2011 SUBJECT: Monthly Activity Report - May, 2011 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of May, 2011: SIGNS A. Total signs replaced 62 B. Total signs installed 10 C. Total signs repaired 122 D. Banners Replaced 149 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 190 3,648 B. Total Tons 85.5 IV. CATCH BASINS A. Total catch basins cleaned B. Down Spouts C. Under sidewalks D. Bowls V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 53 New and repainted legends B. 37,530 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 9 Thermal Plastic E. 0 RPMs Installed 160 0 0 0 45,387 150 9.502 R:\MAINTAIN\MOACTRPT Also, City Maintenance staff responded to 62 _ service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 76 service order requests for the month of April, 2011. The Maintenance Crew has also put in '43 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of May, 2011 was S86,664.55 compared to $204,237.58 for the month of April, 2011. Account No. 5402 Account No. 5401 Account No. 999-5402 Electronic Copies: Amer Attar, Principal Engineer Mayra De La Torrc, Senior Engineer J Gonzalo, Associate Engineer $ 81,964.55 $ 4,700.00 $ -0- Capital Improvements Land Development Traffic Division R:IMAINTAINIMOACTRPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of May, 2011 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR: RENES COMMERCIAL MANAGEMENT Date: 04.28.11 # 5402 CITYWIDE 2ND APPLICATION OF POST -EMERGENT TO CITY LOTS TOTAL COST $ 5,750.00 Date: 04.29.11 # 5402 CITYWIDE 2ND APPLICATION OF POST -EMERGENT TO CITY CI IANNELS TOTAL COST $ 8,050.00 Date: 04.29.11 # 5402 CITYWIDE TRASH AND DEBRIS CLEAN UP ALONG CITY R.O.W. TOTAL COST $ 1,737.00 CONTRACTOR: WEST COAST ARBORISTS, INC. Date: 04.15.11 # 5402 CITYWIDE ANNUAL TREE TRIMMING ALONG CITY RIGHTS -OF WAY TOTAL COST $ 20,498.00 CONTRACTOR: IMPERIAL PAVING COMPANY Date: 04.28.11 # 5402 S/B MARGARITA ROAD AT TEMECULA PARKWAY REMOVED AND REPLACED DAMAGED ASPIIALT AND STRIPING TOTAL COST $45,929.55 Date: # TOTAL COST CONTRACTOR: RYAN MONTELEONE EXCAVATION INC. Date: 05.16.11 # VALLEJO CI IANNEL REMOVAL OF SAND AND SILT TOTAL COST $ 4,700.00 Date: # TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 $ 4,700.00 $ 81,964.55 - 0 - R:\MAINTAIMMOACIRPT w 0 z 2 fn w LL z 00 000 000 00 000 0 0 000 0 0 000 000 00 000 000 00 0000000000000000 O co 00 O 000 00 000 00 000 0 0 000 000 r'OtiLOC1%— n,- x—Of -U[)MN—C)I`U01x— LOC N-LOTt MMVIM MNNCNN (NJ Totals for the Year To Date: June. 1, 2011 TOTAL CALLS o - 00 t - r, November 00 N a+ N N Q �D N M O N N N Q,^ V) Q� [� v: M 17 O• 0 0 w 1. t � 6 .a = a) a c 8 b 4 �' ed C ^�' A, v o amcn i ti G4 d ti Q C O 4 A 0) m E N COCU 7 0 CL u) I— o Ix 3 ow w Q N co z H N d 5 Z ra. oo2n z 1} Z a i 4th QUARTER TOTAL COST FOR LAST FISCAL YEAR 01 N O O W O O N N CA $0.00 $23,765.00 01 N 600 M N 0 00 N (A $32,500.00 $17,153.50 54,750.00 $2,506.66 $109,070.57 5103,237.78 OV Ma; (0 548,438.36 0)) N (n (D (O M r N WORK WORK WORK TOTAL COST FOR COMPLETED COST FOR APR. COMPLETED COST FOR MAY COMPLETED COST FOR JUNE THIS FISCAL SCOPE OF WORK APR. '11 11 MAY '11 '11 JUNE'11 11 YEAR ASPHALT AC Square Footage: 3,170 $9,414.90 3,648 $10,834.56 587,414.52 Tons: 72 86 50.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 0 $0.00 0 $0.00 PCC Yards: 0 50.00 0 50.00 STRIPING LINEAR FEET: 28,026 51,961.82 37,530 52,627.10 $6,222.23 IN-HOUSE PAINTING LEGENDS: 218 51,744.00 53 5424.00 520,176.00 SIGNS REPLACED Material: 22 $1,100.00 62 $3,100.00 $40,300.00 Labor: 5580.58 $1,636.18 $21,270.01 SIGNS INSTALLED Material: 10 5500.00 10 $500.00 $5,000.00 Labor: $263.90 $263.90 $2,639.00 SIGNS REPAIRED Material: 97 $4,850.00 122 $6,100.00 537,736.50 Labor: 52,559.83 $3,219.58 $15,042.30 GRAFFITI Square Footage: 5,937 9,502 DRAINAGE CHANNELS CLEANED Basins: 173 54,565.47 160 $4,222.40 $65,447.20 Channels: 0 $177,505.50 IN-HOUSE TREES TRIMMED: 47 $1,240.33 190 55,014.10 $24,727.43 SERVICE ORDER REQUESTS: 76 62 AFTER HOURS CALL OUTS: 75 52,949.45 43 $1,702.37 S45,924.56 R.O.W. WEED ABATEMENT: 18,966 S645.86 45,387 51,543.16 $2,239.34 TOTALS $32,376.14 541,187.35 5551,644.59 R9MAINTAIN\MOACTRPT\STREETMAINT ,PRIL, MAY, JUNE. o 0 Neu) 1"0 oz L- 3 0.. (")0E -Vo t- oYN apce 0 w Z < Z N Q LL az w� 2 ini YEAR-TO-DATE 18,000 0 23 $165.086.55 2,251,318 0 $150,473.88 2,086 85 $117.025.00 19,456 $69,254.00 00 V CO V M M 0 0 0 N O 0 h 0) CO CO. 0) CO 0 CO 'C 00 •Y (0 N 0 0) O ,- CO t) P (0 CO M )M CO CO ti M 00 CO CO M CONTRACTORS JANUARY FEBRUARY MARCH APRIL MAY JUNE 2ND HALF TOTALS Asphalt Square Feet 0 0 0 0 0 0 Concrete Square Feet 0 0 0 0 0 0 Drainage Channels 4 0 0 0 1 5 TOTAL COSTS 358,815.00 325,789.00 ,S3 00 $0.00 $50,629.55 3135.233.55 1,813 53 $99.217.00 19,456 $58,799.00 CO t() N 00 N'- M O O (() M $295.494.22 CO in ((00 ' M CO r- CO N N CONTRACT STRIPING Striping Linear Feet 0 0 0 2,251,318 0 2,25 Sandblasting Linear Feet 0 0 0 0 0 TOTAL COSTS $0.00 50.00 50.00 $150,473.88 00.00 $150,41 (0 CO TREE CONTRACTORS Trees Trimmed 40 297 428 651 397 Trees Removed 1 37 7 5 3 TOTAL COSTS $3,156.00 816,356.00 $24,429.00 $34,778.00 020,498.00 R.O.W. SPRAYING Square Feet 355 135 0 18,966 TOTAL COSTS 819.975.00 $7,750.00 $0.00 315.537.00 $15,537.00 CITY MAINTENANCE CREW Banners 0 92 92 0 149 Signs Replaced 180 74 167 22 62 Signs Installed 7 12 3 10 10 Signs Repaired 51 108 40 97 122 Catch Basins Cleaned 115 269 105 173 160 Trees Trimmed 20 120 34 47 190 R.O.W. Weed Abatement 0 0 0 18,966 45,387 New & Repainted Legends 0 0 9 218 53 After Hours CaII Outs 64 43 145 75 43 Service Order Requests 76 55 46 76 62 Graffiti Removal - Sq Ft 7,298 6,257 3.279 5.937 9.502 TOTAL COSTS 520,381.34 S49.895.00 524,429.00 3200.788.88 886,664.55 CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report May / June 2011 Prepared by: Amer Attar Submitted by: Greg Butler Date: 6/28/2011 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in March of 2010. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. Temporary power, initially established in 2003 by the developer, had to re-established in May of 2010. City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Minor BMP improvements were completed in April of 2010. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project involves construction of the Town Square and street improvements on Mercedes & Main Streets. The project was awarded on March 18, 2008. Final work items involve completion of the show power which is in design and set to be constructed in summer of 2011. Old Town Infrastructure Projects - Parking Structure & Office/Retail Frontage The structure was opened to the public on March 1, 2010. Punchlist and close out work will be ongoing for two to three months. In addition a long term (5 year) maintenance contract for landscaping in the Caltrans right of way was awarded at the 10/26/10 City Council meeting. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of RWQCB by desilting the basin located near the Sports Park. The project is complete. Staff filed a Notice Of Completion at the May 10th 2011 City Council meeting. Old Town Civic Center 1 This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are ongoing. Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings Phase 2 of this project will renovate the Escallier House and Barn. The landscape is in maintenance. Contract is being closed out. Staff will file a Notice Of Completion upon receipt of appropriate documentation from the contractor. Redhawk Park Improvements This project will add amenities, which include ADA accessible parking, a restroom, a half -court basketball court, and permanent dog park at Redhawk Community Park. As part of this project, a seatwall will be installed at Sunset Park. The project is essentially complete. Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The City is negotiating with the contractor's bonding company. Traffic Signal Installation - Citywide This project will install traffic signals on Rancho California Road at Yukon Road. Authorization to solicit construction bids was received from City Council on 08/10/10. The project was advertised and bids were opened on 10/21/10. The City Council awarded this project at the 11/09/10 meeting. Pre -construction meeting was held on 12/01/10. Contractor is installing wire. Closed Circuit Television (CCTV) Installation on Temecula Parkway The project construction is complete. The City has requested the Affidavit sheet, the Maintenance Bond and final invoice from Contractor. Once the City receive these documents, the Notice of Completion will be filed. Pavement Rehabilitation - Nicolas Road This project will rehabilitate Nicolas Road from Joseph Road to Calle Girasol. Most of the work is complete. The Contractor is currently installing centerline monuments. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project involves the installation of landscape and irrigation improvements on a .26 acre Habitat Creation Area and maintaining it for five (5) years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 1/20/11. The 90 -day plant establishment period was completed on 4/20/11. The project is now in the 5 -year maintenance/monitoring program. 2 PROJECTS BEING ADVERTISED FOR BIDS Margarita Road Right -of -Way Enhancement This project will enhance the east side of Margarita Road parkway from Ramsey Court to Avenida Cima Del Sol. This Project is being advertised for construction bids. Bid opening is schedule for July 13, 2011. Citywide Slurry Seal Project FY 2010-11 This is the annual citywide slurry seal project that will slurry various streets through the City limits. Bids were opened on 06/09/11. This project is scheduled to be awarded at the 06/28/11 City Council Meeting. Citywide Concrete Repairs - FY2010-11 This project is an annual maintenance project. The project involves removing and replacing various damaged concrete facilities throughout the city. Bids were opened on 06/09/11. This project is scheduled to be awarded at the 06/28/11 City Council Meeting. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements - Stage I. Site visits for a new proposed location was conducted with the Department of Fish&Game (DFG) and Regional Water Board in May. City will contract with a consultant to map the new proposed area obtain resource agencies approval. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The design is complete and the City has the mylars for signature. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. All resource agency permits, with the exception of the Army Corps of Engineers (ACOE) 404 permit, have been obtained. ACOE permit application is still being processed. Word received from ACOE on 6/2/11 that 404 permit will be issued by end of June, at which point application for the Riverside County Flood Control District encroachment permit may be made. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. Approval of the Request for Authorization (RFA) to construct from Caltrans is imminent, at which point bid advertisement may be begin. Request for an extension of the 6/30/11 deadline for obligating SB821 funds to be considered at the 6/27/11 RCTC meeting. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The City just received the 100% plans and all reports. The design is complete French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase 1 (PS&E) 4 A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of Phase 1. City continued the design work. Status is as follows: > Final PS&E - Preparing for target submittal early -June. > Right of Way - RNV Requirements map 90% complete. Preparing for target submittal mid-June. > Utilities - 2nd round of potholing of existing utilities within APE is completed. Relocation Claim Letter was sent to all utility companies and discussions regarding relocations have begun. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. The City Council adopted the Mitigated Negative Declaration (MND) and authorized staff to solicit construction bids for Phase I at the 06/14/11 meeting. Consultant is finalizing the plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. Consultant is finalizing 100% plans for signature. Roripaugh Ranch Street Improvements - Phase! Ph I includes the design & construction of Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to CaIIe Chapos, a portion of MHSR, CaIIe Chapos, South Loop Rd and making the Fire Station functional. The City has received the final plans. Staff is working on the Bid Docs and coordinating plans signature with Riverside County and Riverside County Flood Control. Staff is also coordinating with all the utilities. The City Attorney continues to review the impacts of the FDIC's new involvement. 1-15 / SR -79S Ultimate Interchange 95% PS&E (2nd Submittal) - Target 06/24/11. Pavement Rehabilitation Program This project will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita Roads and Rancho Vista Road. City received final plans for Margarita Road, Project 1 and Winchester Road. Those two projects will be advertised for construction bids shortly. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II RFP171 for Engr Svcs: Aug - Sep 2010. Evaluation/Interview: Oct - Nov 2010. City is currently under negotiations with the most qualified candidate. 5 Citywide Storm Drain Improvements - Calle Fiesta This project consists of extending an existing City -maintained storm drain line an additional 200 feet to eliminate slope erosion at the current storm drain discharge point. The necessary drainage easement for future City access and maintenance of the new pipe is being pursued and will be secured prior to start of construction. Library Parking Expansion This project will add on -street parking adjacent to the Temecula Library and Fire Station #84 on Pauba Road. The Consultant is preparing the Water Quality Management Plan (WQMP). The City received the 100% plans. 6 Item No. 26 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: June 28, 2011 SUBJECT: City Council Travel/Conference Report - May 2011 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On May 5, 2011 Mayor Ron Roberts traveled to La Quinta, California to attend the Southern California Association of Governments Regional Council, Executive/Administration Committee, and Joint Meeting of the Regional Council, Community, Economic & Human Development, Energy & Environment and Transportation Policy Committees. The Southern California Association of Governments paid for Mayor Roberts' expenses. On May 19, 2011, Council Member Jeff Comerchero traveled to Ventura to attend the National League of Cities Community and Economic Development Steering Committee Meeting. Attachment: Meeting Agendas SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236.1800 f (213) 236-1825 Www.scag.ca.gov Officers President Larry McCallon, Highland First Vice President Pam O'Connor, Santa Monica Second Vice President Glen Becerra, Simi Valley Executive/Administration Committee Chair Larry McCallon, Highland Policy Committee Chairs Community. Economic and Human Development Bill Jahn, Big Rear lake Energy & Environment Margaret Clark. Rosemead Transportation Greg Pettis, Cathedral City No. 529 MEETING OF THE PLEASE NOTE TIME Thursday, May 5, 2011 9:30 a.m. - 10:00 a.m. La Quinta Resort & Club Flores Ballroom 49-499 Eisenhower Drive La Quinta, CA 92253 Tel: (760) 546-4111 Map is Attached If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email at salcidoOscag.ca.gov. In addition, regular meetings of the Regional Council may be viewed live or on demand at www.scag.ca.gov/scagtv Agendas & Minutes for the Regional Council are also available at: www.scag.ca.gov/committees/rc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1928 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1928. The Regional Council is comprised of 84 elected officials representing 190 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 10.1.10 REGIONAL COUNCIL AGENDA MAY 5,2011 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Larry McCallon, President) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. REVIEW AND PRIORITIZE AGENDA ITEMS PRESIDENT'S REPORT Page No. ACTION ITEM 1. Final Adoption of Fiscal Year (FY) 2011-2012 Comprehensive Budget Attachment 1 Recommended Action: Adopt the FY 2011-2012 Comprehensive Budget and corresponding Resolution No. 11-529-1. This action authorizes submittal of the Overall Work Program (OWP) to the Federal Highway Administration (FHWA), Federal Transit Authority (FTA), and Caltrans. (The entire FY 2011-12 OWP may be viewed by accessing: http://www.scag.ca.goviowp/pdf/Fy11-12-Fi nalO W P.pd1) CONSENT CALENDAR Approval Items 2. Minutes of the April 7, 2011. Meeting Attachment 5 3. SCAG Membership and Sponsorship of Annual Event — 1) California Attachment 13 Contract Cities Association ($1,000): 2) BREATHE California of Los Angeles County Breath of Life Awards ($1,000): 3) Western Riverside Council of Governments 20II' Annual General Assembly ($1,500) 4. AB 214 (Wolk) — Local Economic Development Financing Tool Attachment 15 5. AB 631 (Ma) — Electric Vehicle (EV) Charging Stations Attachment 28 6. May 201.1. State and Federal Legislative Update FUTURE AGENDA ITEMS ADJOURNMENT The next Regional Council meeting will be held on Thursday, June 2, 2011 at the SCAG Los Angeles Office. iti,„,4411 SOUTHERN CALIFORNIA .;s ASSOCIATION Of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f (213) 236-1825 www.seag.ra.gov Officers President I.airy Mi.Callen, Highland First Vice President Pani O'Connor, Santa Monica Second Vice President Glen Becerra, Simi ValIcy Executive/Administration Committee Chair Larry McCallon, Highland Policy Committee Chairs Community, Economic and Htln)an Development Bill Jahn, Big Bear Lake Energy N. Environment Margaret Clark, Rosemead Transportation Greg Pettis, Cathedral City MEETING OF THE PLEASE NOTE TIME Thursday, May 5,201 8:30 a.m. - 9:20 a.m. La Quinta Resort & Club Frank Capra Ballroom C 49-499 Eisenhower Drive La Quinta, CA 92253 Tel: (760) 546-4111 Map is Attached If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email salcido@scag.ca.gov Agendas & Minutes for the Executive/Administration Committee are also available at: www.scag.ca.gov/committees/eac,htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1928 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1928. The Regional Council is comprised of 84 elected officials representing 190 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 111.4.10 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA MAY 5, 2011 The Executive/Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Larry McCallon, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. CLOSED SESSION Public Employee Performance Evaluation Government Code Section 54957(b) Title: Executive Director ADJOURNMENT The next regularly scheduled meeting of the Executive/Administration Committee will be held on Thursday, June 2, 2011 at the SLAG Los Angeles Office. SOUTHERN CALIFORNIA w` ASSOCIATION of GOVERNMENTS i SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 ((213)236-1800 ((213)236-1825 www.scag.ca.gov Officers President Larry McCallon, Highland First Vice President Pam O'Connor, Santa Monica Second Vice President Glen Becerra. Simi Valley Executive/Administration Committee Chair Larry McCallon, Highland Policy Committee Chairs Community, Economic and Human Development Bill Jahn, Big Bear Lake Energy & Environment Margaret Clark, Rosemead Transportation Greg Pettis. Cathedral City NOTICE OF MEETING CANCELLA TION Please be advised that the regularly scheduled meetings of the: Community, Economic & Human Development Committee Energy & Environment Committee Transportation Committee Have been cancelled for Thursday, May 5, 2011. The next regularly scheduled meeting date for these committees is Thursday, June 2, 2011 at: SCAG Offices 818 W. 7th Street, 12th Floor Los Angeles, CA 90017 (213) 236-1993 Officer to the Regional Council The Regional Council is comprised of 84 elected officials representing 190 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 10A.10 JOINT MEETING OF THE REGIONAL COUNCIL, COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT ENERGY & ENVIRONMENT AND TRANSPORTATION POLICY COMMITTEES AGENDA APRIL 7, 2011 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Larry McCallon, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a speaker's card to the Assistant prior to speaking. Comments will be limited to three minutes. The Chair may limit the total time for all comments to twenty minutes. CONSENT CALENDAR INFORMATION ITEMS Pate No. 1. Introduction (Hasan Ikhrata, Executive Director) 2. Resetting the Housing Market with Implications for SCAG (Arthur C. Nelson, PhD, FAICP, Presidential Professor of City & Metropolitan Planning Director, University of Utah) 3. Overview of SCAG's 2012 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Development 4. Update on Subregional Sustainable Communities Strategies • Gateway Cities - Nancy Pfeffer, Director of Regional Planning, Gateway Cities Council of Governments • Orange County Council of Governments - David Simpson, Executive Director, Orange County Council of Governments APPROVAL ITEM 5. Minutes of the January 6, 2011 Meeting Attachment 1 ADJOURNMENT SOUTHERN CALIFORNIA ASSOCIATION 0f GOVERNMENTS COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE MEETING Thursday, May 19, 2011— Saturday, May 21, 2011 Meeting Site Crowne Plaza Ventura Beach Hotel 450 East Harbor Blvd. Ventura, CA 93001 (800) 842-0800 Presiding The Honorable Gilbert Lopez, Chair Vice Mayor Coolidge, Arizona Host The Honorable Neal Andrews Council Member Ventura, California NLC Staff Michael Wallace Program Director, Community and Economic Development (202) 626-3025 wallace@n1c.org Stephanie Spirer Principal Associate (202) 626-3030 spirer@nlc.org COMMUNITY AND ECONOMIC DEVELOPMENT (CED) STEERING COMMITTEE MEETING AGENDA Thursday, Mav 19, 2011 5:00 p.m. WELCOMING RECEPTION AND DINNER AT VENTURA CITY HALL 501 Poli Street, Ventura, CA 93002 • Neal Andrews, Host Council Member, Ventura, California PRESENTATION AND TOUR: City of Ventura and the Ventura Ventures Business Incubator • Rick Cole City Manager, City of Ventura • Jeffrey Lambert Community Development Director, City of Ventura During the reception, the Committee will hear a presentation on Ventura's community and economic development initiatives. The Committee also will have an opportunity to tour the Ventura Ventures Technology Center (V2TC), a high-tech business incubator developed in partnership with the City of Ventura and the Ventura Chamber of Commerce. Private partners will be available to discuss the business incubator and resulting economic growth. Friday, May 20, 2011 8:00 a.m. BREAKFAST Buena Ventura Room, Crowne Plaza Ventura Beach Hotel 9:00 a.m. WELCOME, INTRODUCTIONS, AND MEETING OVERVIEW Santa Cruz Room, Crowne Plaza Ventura Beach Hotel • Gilbert Lopez, Chair Vice Mayor, Coolidge, Arizona 9:30 a.m. PRESENTATION: Public/Private Collaboration in Economic and Community Development • CabriIlo Economic Development Corporation (CEDC) CEDC carries out affordable housing and economic development strategies for low and moderate income areas in Ventura and Santa Barbara Counties and adjacent areas in Los Angeles County. CEDC will present on implementation of federal housing and community development programs and strategies for leveraging scarce funds at the local and regional level. The presentation will inform the Committee's discussion on the role of federal programs in economic development. 10:45 a.m. BREAK 2 COMMUNITY AND ECONOMIC DEVELOPMENT (CED) STEERING COMMITTEE MEETING AGENDA 11:00 a.m. DISCUSSION: Evacuating the Current and Future Role of CDBG and Similar Programs in Local Economic Development • Gilbert Lopez, Chair Vice Mayor, Coolidge, Arizona Under the 2011 work plan approved at the Congressional City Conference, the CED Committee will review the CDBG program for limitations that impact the program's application to economic development initiatives and examine the veracity of criticisms that make it a frequent target for spending cuts. This discussion will focus on developing strategies for improving and strengthening CDBG and other HUD programs under shifting political and economic conditions. 12:30 p.m. LUNCH Buena Ventura Room, Crowne Plaza Ventura Beach Hotel 1:30 p.m. PRESENTATION AND DISCUSSION: Federal Legislative Update and NLC's Impact on Congress and the Administration • Michael Wallace Program Director for Community and Economic Development, NLC Center for Federal Relations • Gilbert Lopez, Chair Vice Mayor, Coolidge, Arizona The Committee will hear an update on how NLC and CED legislative priorities fared in the FY 2011 Continuing Resolution and the prospects and challenges for cities going into FY 2012. The Committee also will be briefed on NLC's recent Leadership Academy on Local Economic Competitiveness. 3:00 p.m. PRESENTATION AND DISCUSSION: Private Financing and Investment in Local Community and Economic Development • Marni Brook Ventura Community President, Montecito Bank and Trust • Joseph Kreutz President and CEO, County Commerce Bank Assuming overall federal spending cuts will persist over the long term, cities and towns may increasingly turn to the private market for financing and investment in local economic and community development projects. This panel will discuss how federal law and regulations impact, for good or ill, financial institutions' willingness and ability to finance local development. 4:30 p.m. BREAK 5:00 p.m. TOUR: Working Artists Ventura (WAV) 75 S. Ventura Avenue, Ventura, CA 93001 Transportation from hotel provided The Working Artists Ventura (WAV) project is a $59 million, state-of-the-art community located in the heart of Ventura's Downtown Cultural District, designed for artists and creative businesses, and completed in December 2009. 7:00 p.m. DINNER: The Greek at the Harbor 1583 Spinnaker Drive, Suite 101, Ventura Harbor, CA 93001 3 COMMUNITY AND ECONOMIC DEVELOPMENT (CED) STEERING COMMITTEE MEETING AGENDA SATURDAY, MAY 21, 2011 8:00 a.m. BREAKFAST Buena Ventura Room, Crowne Plaza Ventura Beach Hotel 9:00 a.m. MEETING OVERVIEW • Gilbert Lopez, Chair Vice Mayor, Coolidge, Arizona 9:30 a.m. DISCUSSION: National Municipal Policy on Economic Development • Gilbert Lopez, Chair Vice Mayor, Coolidge, Arizona The Committee will discuss the immediate and long term impacts of the federal spending debate on federal support for local development. The Committee also will consider legislative and regulatory changes that could assist cities seeking to increase private investment in local development. 10:15 a.m. BREAK 10:30 a.m. DISCUSSION: Advocacy Efforts for CDBG and Economic Development • Michael Wallace Program Director for Community and Economic Development, NLC Center for Federal Relations The Committee will identify specific Members of Congress who can impact NLC's legislative priorities and discuss outreach to those members. 11:30 a.m. OTHER BUSINESS 12:00 p.m. ADJOURN (FOLLOWED BY CITY TOUR) Lunch on your own 2:30 p.m. - 5:00 .m:5:00 p.m. VENTURA COACH BUS TOUR • Neal Andrews, Host Council Member, Ventura, California The tour will highlight local capital projects and cultural and historic landmarks. 4