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062700 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to padicipate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours pdor 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 TEIVIECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 27, 2000 - 7:00 P.l~l. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon pdor 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. 5:00 P.l~l. - Closed Session of the City Council pursuant to Government Code Sections: Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning acquiring an interest in real property located at 42291 Sixth Street (APN 922-052-011), 28496 Pujol Street (APN 922-053-00), and 28735 Pujol Street (APN 922-062-019). The negotiating parties are the Redevelopment Agency of the City of Temecula and Affirmed Housing Group and Olson Company. Under negotiation is the price and terms of payment of the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John i~leyer. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning acquiring an interest in real property located at 42081 iVlain Street (APN 922-036-028). The negotiating parties are the Redevelopment Agency of the City of Temecula and Jack Davis. Under negotiation is the price and terms of payment of the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John i~/leyer. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8(c) with respect to one item whether to initiate litigation. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8(b) with respect to four matters of potential litigation. With respect to such matters, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Public Information concerning existing litigation be~h~een the City and various parties may be acquired by reviewing the public documents held by the City Clerk. R:~Agenda\062700 1 CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Mayor Jeff Stone Jordan Bellino Next in Order: Ordinance: No. 2000-06 Resolution: No. 2000-44 Pastor Troy Shedeed of New Covenant Fellowship Councilman Pratt Comerchero, Naggar, Pratt, Roberrs, Stone PRESENTATIONS/PROCLAI~IATIONS Presentation by the Hispanic Chamber of Commerce Presentation bv the Wine IndustrV of Temecula PUBLIC COiVII~/IENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENTCALENDAR NOTICETOTHEPUBLIC 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. R:~Agenda\062700 2 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 11,2000; 2.2 Approve the minute of April 25, 2000. 3 Resolution AleprovinG List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Attorney Services Contract Amendment No. 2 RECOMMENDATION: 4.1 Approve Amendment No. 2 to the agreement with Richards, Watson and Gershon, Attorneys at Law, to increase the hourly rates for City Attorney services provided. 5 Deleaation of authoriN in Drocessinq and settlinq claims aqainst the CitV of Temecula RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIViECULA DELEGATING TO THE CITY MANAGER AND CITY CLERK CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH CLAIMS FILED AGAINST THE CITY R:~Agenda\062700 3 6 7 10 Animal Control Contract Amendment RECOMMENDATION: 6.1 Approve the contract amendment for an increase in current fees for animal control services to be provided by Animal Friends of the Valley (a.k.a.L.E.A.F.). Aqreement for placement and maintenance of bus benches by the Temecula Sunrise Rotary Club RECOMMENDATION: 7.1 Approve a three-year agreement with the Temecula Sunrise Rotary Club, a California non-profit corporation, for the placement and maintenance of 43 existing bus benches in an annual amount of $12,000 for Fiscal Year 2000-01; 7.2 Authorize the Mayor to execute the agreement in substantially the form attached. City Relocation Guidelines RECOMMENDATION: 8.1 Adopt the Relocation Assistance Rules and Guidelines of the City of Temecula. Tract Map No. 24187-2 - Findinq of Conformance with its oriqinal approval (located south and west of Sunny Meadows Drive, east of Meadows Parkway, and north of De Portola Road in the Paloma Del Sol Specific Plan No. 219) RECOMMENDATION: 9.1 Approve Tract Map No. 24187-2 in conformance with the conditions of approval; 9.2 Approve the Subdivision Improvement Agreement; 9.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. Authorize Temporary Street Closures for July 4, 2000 Parade in Old Town and deleqate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enqineer RECOMMENDATION: 10.1 Adopt a resolution entitled: R:~Agenda\062700 4 11 12 13 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TER/IECULA AUTHORIZING TEiViPORARY STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FROM SECOND STREET TO MORENO ROAD FOR THE JULY 4, 2000, PARADE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMITS INCLUDING STREET CLOSURES Authorize TemporaN Street Closure of Pauba Road between Marclarita Road and La Primavera Street for the July 4, 2000, Fireworks Show and deleqate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enqineer RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TER/IECULA AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN iViARGARITA ROAD AND LA PRllVlAVERA STREET THE JULY 4, 2000, FIREWORKS SHOW AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES Approval of the Plans and Specifications and authorization to solicit Construction Bids for Citywide P.C.C. Repair Proqram FY00-01 (Concrete Replacement Proqram) - Project No. PW00-17 RECOMMENDATION: 12.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit Construction Bids for the Citywide P.C.C. Repair Program FY00-01 - Project No. PW00-17. Amendment No. 1 with West Coast Arborists, Inc. for renewal of Citywide Tree Trimminq Maintenance Contract RECOMMENDATION: 13.1 Approve Amendment No. 1 for the extension of the Citywide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one year beginning July 1,2000, in an amount of $150,000.00 and authorize the Mayor to execute the contract extension; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00 which is equal to 10% of the contract amount. R:~Agenda\062700 5 14 Prima Facie Speed Limit on cedain streets RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE $PEED LIMIT ON CERTAIN STREETS 15 Acceptance of Grant Deed - Woodside Chantemar RECOMMENDATION: 15.1 Authorize acceptance of the Grant Deed for Long Canyon Creek Park, located in the Woodside Chantemar Development, subject to the City Attorney's prior approval of the Title Report and confirmation of the satisfaction of conditions of approval; 15.2 Approve the Park Warranty Agreement with Woodside Chantemar for maintenance and establishment period of the park. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~Agenda\062700 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2000-01 Resolution: No. CSD 2000-13 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberrs, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Professional Services Aqreement for TCSD Landscape Plan Check and Inspection Services RECOMMENDATION: 1.1 Approve a Professional Services Agreement with Pela, a Landscape Architectural Firm, for TCSD landscape plan check and inspection services in the amount of $65,000 and authorize the Board President to execute the agreement; 1.2 Authorize the General Manager to approve additional services not to exceed the contingency amount of $6,500 which is equal to 10% of the agreement amount. R:~Agenda\062700 7 2 Amendment to the Landscape Maintenance Contract with Excel Landscape, Inc. for FY2000-01 RECOMMENDATION: 2.1 Approve the Landscape Maintenance Services Contract Amendment with Excel Landscape, Inc. to allow for the addition of supplemental landscape maintenance areas to be brought on line during the term of the contract for Fiscal Year 2000-01; 2.2 Authorize the expenditure of funds in the amount of $793,800 for the base contract and an additional amount not to exceed $34,800 for the supplemental areas to be brought on line during the term of the contract; 2.3 Approve a contingency of 10% in the amount of $82,860 for extra work items. DISTRICT BUSINESS 3 Review and Approval of the FY 2000-01 Annual Operatina Budqet RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEiVIECULA COMR/1UNITY SERVICES DISTRICT ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 4 Chaparral Hiqh School Swimmin<l Pool Master Plan RECOMMENDATION: 4.1 Approve in its substantial form the conceptual master plan for the Chaparral High School Swimming Pool complex. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL iViANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNIVIENT Next regular meeting: July 11,2000, scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:%Agenda\062700 8 TEi~IECULA REDEVELOPt~IENT AGENCY I~/IEETING CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS Next in Order: Ordinance: No. RDA 2000-01 Resolution: No. RDA 2000-05 Comerchero, Naggar, Pratt, Stone, Roberts A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS Review and Approval of the FY 2000-01 Annual Operatinq Budaet RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. RDA 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPI~IENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS R:~Agenda\062700 9 2 Review and Approval of the FY 2001-05 Capital Improvement Budqet for the Redevelopment Agency (RDA) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPI~IENT AGENCY OF THE CITY OF TEI~IECULA APPROVING THE CAPITAL II~IPROVEIVIENT PROGRAIVI FY 2001-05 AND ADOPTING THE CAPITAL ~/IPROVEi~IENT BUDGET FOR FY 2000-01 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY IVIEi~IBERS' REPORTS ADJOURNMENT Next regular meeting: July 11, 2000, to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\062700 10 RECONVENE TEfvIECULA CITY COUNCIL COUNCIL BUSINESS 16 Review and Adoption of the FY2000-01 Annual Operating Budqet RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIVIECULA ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 16.2 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEiVIECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 16.3 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEFvIECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2000-01 17 Adoption of the FY 2001-05 Capital Improvement Proqram RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIVIECULA APPROVING THE CAPITAL IMPROVEI~IENT PROGRAI~/I FOR FY 2001-05 AND ADOPTING THE CAPITAL II~/IPROVEiVIENT BUDGET FOR FY 2000-01 18 Ordinance for Council Pay Increase RECOMMENDATION: 18.1 Adopt an ordinance entitled: R:~Agenda\062700 11 19 20 ORDINANCE NO. 2000-.__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AB/1ENDING SECTION NO. 2.04.050 OF THE TEIVIECULA iVIUNICIPAL CODE REVISING THE SALARY FOR COUNCILIV1EIVIBERS TO FIVE HUNDRED DOLLARS PER IVIONTH AS PROVIDED IN GOVERNiVIENT CODE SECTION 36516 AND PROVIDING FOR REIIVIBURSEIViENT OF NECESSARY EXPENSES Consideration of adoption of a Resolution of Necessity for the Acquisition of Eminent Domain of property for Community Facilities in the Old Town Area (Old Town Tradinq Post} RECOMMENDATION: 19.1 Consider adoption of a proposed resolution - a Resolution of Necessity of the City of Temecula declaring certain real property necessary for public purposes and authorizing the acquisition thereof in connection with the Old Town Area Community Facilities; 19.2 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in the report, take testimony from any person wishing to be heard on issues A, B, C, and D, and consider all of the evidence to determine whether to adopt the proposed resolution which requires a 4/5ths vote; 19,3 If the City Council finds, based upon the evidence contained in and referred to in the report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt the proposed resolution (which requires a 4/5ths vote of the entire Council): RESOLUTION NO. 2000- A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEIVIECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COIVIIVIUNITY FACILITIES IN THE OLD TOWN AREA (OLD TOWN TRADING POST) Acquisition of propert,/for Old Town Children's Museum (located at 42081 Main Street - APN 922-036-028) RECOMMENDATION: 20.1 Adopt a resolution entitled: R:~Agenda~062700 12 21 22 23 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND JACK AND MARY DAVIS (OLD TOWN TRADING POST) 20.2 Authorize an expenditure in an amount not to exceed $975,000 for acquisition, soil testing, inspections, escrow, closing costs, and relocation assistance. Resolution of Support for Needle Cricothyroidotomv (Placed on the ageride at the request of Mayor Stone.) RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING FIELD PARAMEDICS USE OF NEEDLE CRICOTHYROIDOTOMY WITH JET INSUFFLATION PROCEDURE Plannine Commission ADpointments (Continued from the meeting of June 13, 2000.) RECOMMENDATION: 22.1 Appoint two applicants to serve on the Planning Commission for full three-year terms through June 4, 2003. Ordinance amendinq City Commission ADDointments (Placed on the agenda at the request of Mayor Stone and Mayor Pro Tem Comerchero.) RECOMMENDATION: 23.1 Introduce and read by title only and ordinance entitled: ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.40.050 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO APPOINTMENT OF CITY COMMISSIONERS R:~Agenda\062700 13 DEPARTiViENTAL REPORTS CITY WIANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNWIENT Next regular meeting: City Council, July 11,2000, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda~062700 14 ?RQOLAMAT~QB8 fiTraM I BTISM 2 i~IINUTES OF A REGULAR I~IEETING OF THE TEii/tECULA CITY COUNCIL APRIL 1'1, 2000 The City Council convened in Closed Session at 6:30 P.M. The City Council convened in a regular meeting at 7:01 P.M., on Tuesday, April 11, 2000, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: Councilmembers: Councilmember: Naggar, Pratt, Comerchero. Roberrs and Stone. Mayor Pro Tem Comerchero informed the attending and viewing public that Mayor Stone and Councilman Roberrs are presenting the City of Temecula in Japan. PRELUDE I~IUSIC The prelude music was provided by Kurt Jordan. INVOCATION The invocation was given by Pastor Marty Edwards of the Lamb's Fellowship. ALLEGIANCE The salute to the Flag was led by Mayor Pro Tem Comerchero. PRESENTATIONS/PROCLAI~IATIONS Certificate of Achievement to Temecula Golden Bears Soccer Team - CIF Championships Thanking the City Council for the recognition, Mr. Robert Skinner, coach of the Team, and several of the team members were in attendance to accept the Certificate. 2000 National Crime Victims' Riqhts Week Proclamation Mayor Pro Tem Comerchero proclaimed April 9 - April 15, 2000, as "National Crime Victims' Rights Week." Certificate of Appreciation to Mr. Dennv Miehell As former Old Town Local Review Board Member, Mr. Mighell, with appreciation, accepted the Certificate. R:\Minutes\0411 O0 1 PUBLIC COIt/tI~IENTS Commenting on the soccer league issue of needed fields, Mr. William Kelley, 31542 Via Carlos, thanked Community Services Director Parker for addressing the matter and noted that the issue of concern is not the soccer players but the traffic created as a result. Echoing Mr. Kelley's comments, Ms. Alison McGuire, 31535 Via Cordoba, spoke in support of the soccer league but commented on the impacts the traffic is having on the neighborhood. C, Understanding the residents' concerns, Mr. Wayne Farguherson, 31789 Loma Linda Road, Vice President of Temecula Valley Soccer Association, relayed the Association's primary desire for additional fields; so that the children may have the opportunity to play. He encouraged the City to construct additional parks with lights and suggested that such parks be constructed in the business area; so that the residents will not be negatively impacted by the lights. Ms. Hillary DeCarl, 33475 Vino Way, a soccer player, requested that the children be permitted to play soccer at Ken Hintergardt Park. Viewing that, in his opinion, the City is growing too rapidly and, therefore, unable to ensure the adherence of code requirements, Mr. Raymond Merrill, 40392 Calle Katerine, apprised the City Council and the public that he has purchased a home which has numerous code violations which were, in his opinion, due to the developer's and City's neglect, Echoing Mr. Merrill's comments, Mr. Nick Bavaro, 40371 Calle Katerine, as well shared code violations with regard to garage sizes and wiring and which, in his opinion, were overlooked by the developer and the City of Temecula. Have discussed the code violation matter with Chief Building Official Elmo, Mayor Pro Tern Comerchero provided a brief update, advising that staff has met with the homeowners association, the developer (U.S. Homes), and City Attorney; that U.S. Homes has been notified, by letter (a copy of which will be provided to the homeowners), that the two required parking garages must be 10' x 20'; that U.S. Homes has orally indicated a willingness to comply with this requirement; and that with respect to the third car space, the City has consistently interpreted, as per Code, that the 10' x 20' requirement does not apply. Mr. Comerchero also advised that Chief Building Official Elmo will be doing an inspection on April 12, 2000 and that the wiring issue will as well be addressed to ensure its compliance to Code. Mayor Pro Tem Comerchero requested that staff keep the Council apprised of the matter. With regard to the proposed ordinance relative to wild and exotic animals, Mr. Terrel Paine, 43750 Los Caballos Road, noted that, in his opinion, the proposed ordinance is vaguely worded and that the City Council has an obligation in protecting the rights of its citizens. Mayor Pro Tem Comerchero clarified that the discussion of a proposed ordinance has been continued to the April 25, 2000, City Council meeting. R:\Minutes\041100 2 Ms. Pat Ommert, 43250 Los Corralitos, spoke in support of circuses and encouraged the City Council to vote in opposition of banning circuses from the City. Mr. Raul Herrera, 33243 Fox Road, relayed the problems he and some other residents have incurred with obtaining the 2000 Census Form. Addressing the City's park acreage standard, Mr. Roger Wall, 31685 Via Cordoba, encouraged the City to revise its 1993 Demand Analysis and General Plan in order to better satisfy the current and future demands for recreational sport fields. Echoing previously made comments, Ms. Lisa Mittenberger, 31554 Via San Carlos, as well commented on the need for additional playing fields and briefly expanded on the scheduling difficulties. Advising that the City Council is addressing the situation at Via Cordoba and that parking will be expanded at Ken Hintergardt Park, Councilman Naggar extended appreciation to the homeowners and the soccer league for their efforts in trying to resolve this issue. Mayor Pro Tern Comerchero as well commented on the continuous efforts, on the part of the City, to provide soccer fields. Advising that the additional police enforcement on Via Cordoba has helped, Mr. Charles Hankley, 31745 Via Cordoba, noted no objection to the soccer league utilizing Ken Hintergardt Park but he requested that those associated with utilizing the park be considerate of the residents and not speed through the neighborhood. Commenting on the benefits the gunfighters present to the community, Mr. Otto Baron, 28681 Pujol Street, encouraged the City Council to approve the gunfighters presentation for Western Days in Old Town. Ms. Arial Baron, 28681 Pujol Street, as well requested that the gunfighters be permitted to display their talents for Western Days in Old Town. Addressing the City's Website, Ms. Pamela Miod, 31995 Via Saltio, expressed some concern with regard to the displayed aerial picture which depicts a location not within the City of Temecula and requested that the Growth Management Plan issues be more clearly visible to the public. Also addressing code violation concerns as it relates to U.S. Homes, Ms. Diane Leslie, 40334 Calle Katerine, commented on, in her opinion, the City's rapid growth and requested the City's support in ensuring these issues are corrected. Ms. Pauline Nelson, 30033 DePortola, reiterated previously voiced concerns with regard to the City's need for additional playing fields. With regard to Ken Hintergardt Park, Mayor Pro Tem Comerchero advised that this park, when originally planned, was designed as a passive park for the neighboring residents but because of the increasing need for fields, the park was made available to the soccer leagues. He noted that efforts are being undertaken to install additional parking at the park. R:\Minutes\041100 3 CITY COUNCIL REPORTS Commenting on the benefits of such a wonderful program, Councilman Pratt advised that he had attended the Student of the Month Award program. B= Relaying his future efforts to obtain additional funding from the State for infrastructure, Councilman Naggar commended Mr. Dave Downey, from The Californian, on his article with regard to future traffic and its impacts, noting that such articles will further bring the issue of concern to light. Although not serving on the Council Subcommittee (comprised of Mayor Pro Tem Comerchero and Councilman Roberts), which addressed the gunfighter presentation for Western Days, Councilman Naggar questioned whether it has been considered that the gunfighter presentation be designated to one particular area, making it available to those individuals who would like to view the presentation. In response to Councilman Naggar, Mayor Pro Tem Comerchero advised that the Council Subcommittee has attempted to address all viewpoints and explore all possible alternatives but advised that the gunfighters have not maintained communication with the subcommittee. D, Having recently artended a General Plan Advisory Committee Meeting, Mayor Pro Tem Comerchero advised that the City's input is being considered but relayed concern with the Board's proposed adoption of an interim policy on May 18, 2000, to continue to approve zone changes, General Plan amendments, and approving new Specific Plans with upzoning. Mr. Comerchero noted that it is the City's desire that no such changes be approved until the completion of the Riverside County Integrated Plan and advised that efforts are being undertaken to apprise other cities within the Region in order to obtain support for denial of such an interim policy. With regard to the antenna which was erected near the water tower, Mayor Pro Tem Comerchero commented on its appearance and questioned whether all imposed conditions of approval have been met. Staff noted that the matter would be explored. For Councilman Naggar, City Attorney Thorson advised that the City's moratorium on the erection of such antennas will be in effect for one year from its approval date. CONSENTCALENDAR With regard to Consent Calendar Item Nos. 7-10 (approval of Parcel/Tract Maps), Councilman Pratt advised that although these approvals are ministerial in nature, residents have expressed concerns as to how such approvals may impact the City's Growth Management Plan. In response to Councilman Pratt, Deputy City Manager Thornhill provided clarification with regard to proposed recommendations to approve these Parcel/Tract Maps, which is a mandatory ministerial act under State law and noted that as long as these maps are consistent with prior approvals, which are preempted by the State of California, the City, at this point in time, may not negotiate density, design, etc. R:\Minutes\041100 4 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of February 22, 2000. 3 Resolution ADI3rovinc~ List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. :~000-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEi~IECULA ALLOWING CERTAIN CLAIbIS AND DEI~IANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of February 29, 2000 RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of February 29, 2000. 5 Records Destruction Approval RECOMMENDATION: 5.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 6 Pavement Overlay - Chardonnav Hills RECOMMENDATION: 6.1 Approve authorization for the Director of Public Works to negotiate a reimbursement agreement with Lennar Communities in an amount of $116,050 to complete the concrete repair and A.C. pavement overlay for Tract No. 23100-3 and portions of Tract No. 23103 in the Chardonnay Hills area of the City. R:\Minutes\041100 5 7 Parcel Map No. 29309 (located at the northwest corner of Winchester and Roripauqh Roads - a portion of the Winchester Meadows Shoppincl Center) RECOMMENDATION: 7.1 Approve Parcel Map No. 29309 in conformance with the conditions of approval. 8 Tract Map No. 28482-1 (located south of Royal Birkdale Drive, east of Temeku Drive, west of Meadows Parkway, and north of Rancho California Road in the Marclarita Village Specific Plan No. 199~ RECOMMENDATION: 8.1 Approve Tract Map No. 28482-1 in conformance with the conditions of approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Pedormance Bond, Labor and Material Bond and Monument Bond as security for the agreements. (Pulled for separate discussion; see page 8.) 9 Ti-act Map No. 28482-2 (located south of Royal Birkdale Drive, east of Temeku Drive, west of Meadows Parkway, and north of Rancho California Road in the Mar.qadta Villaqe Specific Plan No. 199) RECOMMENDATION: 9.1 Approve Tract Map No. 28482-2 in conformance with the conditions of approval; 9.2 Approve the Subdivision Improvement Agreement; 9.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. 10 Tract Map No. 28810 (located south of Marclarita Road, east of Moracla Road, west of Avenida Cima Del Sol) RECOMMENDATION: 10.1 Approve Tract Map No. 28810 in conformance with the conditions of approval; 10.2 Approve the Subdivision Improvement Agreement; 10.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. R :\M inutes\0411 O0 6 11 Completion and Acceptance for the FY99-00 Pavement Management System - Project No. PW99-07 RECOMMENDATION: 11.1 Accept the project for the FY99-O0 Pavement Management System - Project No. PW99-07 - as complete; 11.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 11.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 12 Second Readinq of Ordinance No. 2000-02 (Zoninq Map Amendment) RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 2000-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AI~IENDING THE ZONING bIAP TO CHANGE THE ZONING FROM SP (SPECIFIC PLAN) TO LOW MEDIUM (LM) DENSITY RESIDENTIAL ON THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 9'11-640-003 (PLANNING APPLICATION NO. PA99-0245) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-7, 9, and 11- 12 (Item Nos. 8 and 10 were pulled). The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone and Councilman Roberts who were absent. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 8 Tract Map No. 28482-1 (located south of Royal Birkdale Drive, east of Temeku Drive, west of Meadows Parkway, and north of Rancho California Road in the Marqarita Villatie Specific Plan No. 199) RECOMMENDATION: 8.1 Approve Tract Map No. 28482-1 in conformance with the conditions of approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. Public Works Director Hughes presented an overview of the staff report (as per agenda material). R:\Minutes\041100 7 Advising that the public does not understand the approval process for Tract Maps, Ms. Pamela Miod, 31995 Via Saltio, representing Citizens First of Temecula Valley, requested that the public be more informed as to the procedure by way of the Website and the newspapers. Addressing Ms. Miod's comments as to public awareness, City Manger Nelson advised that at every second City Council meeting of the month status reports will be presented, by the City Council, with regard to the three advisory committees of the RCIP; that a workshop has been scheduled with the County for April 27, 2000; and commented on the Website which could be utilized by the public as well as the quarterly publication which will be sent to the residents. Mayor Pro Tem Comerchero welcomed Ms. Miod to submit information pertinent to the quarterly publication and noted that any resident may call City Hall, at any time, in an effort to receive additional information. blOTION: Councilman Naggar moved to approve Consent Calendar Item No. 8. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone and Councilman Roberts who were absent. 10 Tract Map No. 28810 (located south of Marqarita Road, east of Moraqa Road, west of Avenida Cima Del Sol) RECOMMENDATION: 10.1 Approve Tract Map No. 28810 in conformance with the conditions of approval; 10.2 Approve the Subdivision Improvement Agreement; 10.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. Councilman Naggar informed the public that with regard to this particular Tract Map, the Planning Commission in December 1998 reduced the density from 146 residential units to 80 single-family homes. MOTION: Councilman Naggar moved to approve Consent Calendar Item No. 10. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone and Councilman Roberts who were absent. At 8:20 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:25 P.M., the City Council resumed with regularly scheduled City Council business. CITY MANAGER'S REPORT With great pride, City Manager Nelson informed the community that the City of Temecula has received the following two awards: the Helen Putnam Award of Excellence for the Overland Bridge Project, noting the award will be presented at the League's Annual Conference; and the American Public Works Association Award for the Overland Bridge Project as it relates to speed in completion of the project, method of financing, and overall benefit to the community. Commenting on the additional police enforcement efforts on Via Cordoba, Police Chief Domenoe provided an update, noting the following: R:~Vlinutes\041100 8 o That additional enforcement was provided during four 4-hour shifts; o That additional shifts will be provided; o That during this time, speeding citations (ranging from 36 to 45 m.p.h.) and one stop sign citation were issued; o That the average motorist travels at a speed of 30 m.p.h. on Via Cordoba; o That of the 12 ticketed individuals, 8 lived in the general area; one was a resident of the street; and 3 lived outside of the area of concern. Advising that the Temecula Valley High School Interact Club sponsored a Police Appreciation Day in cooperation with Sizzler Restaurant, Police Chief Domenoe extended his and the Police Officers' sincere appreciation. In closing, City Manager Nelson noted that in light of the City Council's direction, the proposed budget will include the submittal of another police officer who will specifically be dedicated to focus on neighborhood enforcement in residential areas. CITY ATTORNEY'S REPORT With respect to Closed Session, City Attorney Thorson advised that there were not reportable actions under the Brown Act. ADJOURNMENT At 8:31 P.M., the City Council meeting was formally adjourned to Tuesday, April 25, 2000, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\041100 9 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 25, 2000 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Closed Session pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.g(c) with respect to two matters of potential litigation. With respect to such matters, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. The Open Session of the City Council meeting convened at 7:00 P.M. ROLLCALL Present: Councilmembers: Comerchero, Naggar, Pratt, Robeds, and Mayor Stone. Absent: Councilmember: None. PRELUDE MUSIC The prelude music was provided by Jadie Montante. INVOCATION The invocation was given by Reverend Anthony Ferrell of Mountain View Community. ALLEGIANCE The audience was led in the Flag salute by Councilman Naggar. PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to the California Youth Soccer Association Mayor Stone presented a Certificate of Achievement to the California Youth Soccer Association and to Coach Pete Gregory for their accomplishments and efforts with winning the State cup for the Southern Division, marking the first time for any Temecula Soccer Association to win this championship. The California Youth Soccer Association's representatives were present to receive the award; introduced the captains of the soccer teams; and provided the season's game statistics. Mayor Stone relayed that the City would soon be master planning the 40-acre lighted Northwest Sports Park, which would enable the expansion of sports activities. R:\Minutes\042500 1 Certificate of Appreciation to Grace Mellman With gratitude, Ms. Grace Mellman accepted the award for her achievements with respect to the current library and the proposed new facility, relaying that she looked forward to the new library project. Certificate of Achievement to Eaqle Scout Andrew McDonnell Mr. Andrew McDonnell accepted his Award of Achievement for attaining the rank of Eagle Scout, noting that his project associated with this achievement involved the planning and the installation of a bridge at the Santa Rosa Plateau. Presentation of qift from Sister City Nakayama Advising that he and Councilman Roberts recently visited Nakayama, Mayor Stone presented a gift from the Sister City, which was a Japanese doll, noting that it would be displayed in City Hall. PUBLIC COMMENTS Ms. Adrian McGregor, 34555 Madera del Playa, relayed her concern with new development and the potential impact with respect to future flooding issues. Mr. Ed Dool, 28464 Old Town Front Street, noted that he had received a letter from the City prohibiting amplified music at the Temecula Beer and Wine Garden in Old Town until there had been an acoustical study conducted; requested that the City Council and staff allow the weekend entertainment to continue in order for the business not to lose patronage, noting that there had recently been an 8-foot sound wall installed; and relayed that the business was working with the Police Department and the adjacent neighbors to modify the amplified music, advising that the music would end at 10:00 P.M. until the conflict was resolved. CITY COUNCIL REPORTS A. With respect to his recent attendance at the RTA luncheon meeting, Councilman Pratt relayed that a RTA consultant had spoken on the topic of "Bus Transportation Relieving Traffic Congestion in Southwest Riverside County." Commenting on the lack of utilization of the busses in the City of Temecula, Mayor Stone recommended that there be incentives provided to encourage the community residents to utilize the RTA system. In response, Councilman Pratt relayed that if a citizen was required to wait more than fifteen minutes, the bus system would not be effective. Mayor Pro Tem Comerehero advised that RTA was addressing identifying the problems associated with the lack of use of the bus system; noted that there would be a public workshop scheduled in June for the purpose of bringing in those individuals most likely to use the public transit system in order to determine what routes and times the bus system should maintain and to address alternate issues; noted that currently Temecula's ridership was among the lowest in Riverside County; and relayed that there was a scheduled meeting with the Executive Director of RTA in order to discuss the role the RTA could play in the Growth Management Plan. Mayor Stone recommended that there be transportation provided from the multi-family and single family areas to the RTA bus depots. R:\Minutes\042500 2 Relaying that it would be advantageous to investigate these transportation issues prior to committing to development proposing transportation provisions, Councilman Naggar concurred with Mayor Stone's comments. City Attorney Thorson relayed that the RTA bussing issue could be a topic for discussion at the Thursday City Council Workshop on April 27, 2000. In accordance with the Growth Management Workshop, Councilman Naggar relayed that Special Projects Planner Massa-Lavitt would provide an overview of the Multi-Species Habitat Conservation Plan Committee discussions. Ms. Sandra specified that the primary purpose of the Multi-Species Habitat Conservation Plan Committee was to create a permanent preserve in Riverside County for the purpose of carefully managing open space areas and providing access to these areas; highlighted their review of potential habitat conservation border area maps, and this area's acreage which would be potentially preserved; noted that overall there would be a potential 300,000 acres preserved in the County; relayed the Committee's concern with regard to the acquiring of the 300,000 acres; noted the additional concern with the adoption of the Interim Guidelines which was the County Board of Supervisors established procedure for granting General Plan amendments and zone changes while the new General Plan was being developed; and relayed the discussions regarding alternate preservation methods (i.e., conservation credits). C. With respect to the Citizen's Advisory Committee, Councilman Naggar relayed that there were three open positions, advising interested individuals to contract Executive Assistant Steffen. D. With respect to the General Plan Advisory Committee (GPAC) meeting, Mayor Pro Tem Comerchero advised that he had been accepted as a full voting member of the committee; relayed that the primary topic of discussion was related to the Interim Approval Policy, noting the specific concern with respect to the General Plan amendments and zone changes; noted that on Tuesday April 18th the County Board of Supervisors considered the matter and voted in favor of instituting the Interim Policy Guidelines; relayed that subsequently the Technical Advisory Committee of the Western Riverside County Council of Governments (WRCOG) met and determined to petition the Board to allow future decisions of that type to be presented to WRCOG initially in order for the cities to have an avenue for input; relayed hopes that when the Executive Committee of WRCOG met, the recommendation would be endorsed; and advised that it was his hope that the County Board of Supervisors would reconsider their vote on the Interim Policy, noting that the Board had expressed a willingness in the future to consider amendments and recommendations from the City. E. With respect to alternate modes of travel, Councilman Roberts relayed his experiences in Japan riding various forms of transportation; and recommended that at a future Council meeting that he present an overview of the successful transportation modes utilized in Japan (i.e., the super bullet train, commuter, and light rail). F. Regarding the Community Environmental Transportation Acceptability Process (CETAP), Councilman Roberts relayed that there was a subcommittee-type meeting held last week which discussed a bypass for Winchester Road; relayed that there would be two selected corridors (a north/south, and an eastJwest corridor) which would have provisions of financing for improvements; relayed his recommendation that the Winchester corridor be selected due to the need for a bypass in this area; and noted the plan proposed by Lennar Developers for a Date Street Interchange with flyover connectors in lieu of merging connections. R:\Minutes\042500 3 in response to Councilman Roberrs' queries, City Manager Nelson relayed that at the Thursday, April 27th City Council Workshop, the City was anticipating receiving additional information regarding transportation from the County; and invited the public to attend. G. With respect to the City's Faster Ambulance Service Program (F.A.S.T.), Mayor Stone noted that at a staff meeting held on April 25th there had been a presentation demonstrating the technological hardware (which would identify the location of facilities, the floor plans, and chemicals on site inclusive of the nature of stored chemicals) that would potentially be placed in emergency vehicles in July; noted that at the firet City Council meeting in May staff would provide additional information regarding this matter; and advised that initially it was proposed that the City would fund the installation for two units and that ultimately there would be the installation of the hardware in ten emergency vehicles. City Manager Nelson relayed that no other Fire Department in Riverside County had provision of this technology at this time. H. With respect to the prohibited needle tracheotomy procedure, Mayor Stone relayed that there was an alternate needle procedure which was currently used in seventy-five percent (75%) of the State, noting that at this time Riverside County restricted the procedure; noted that staff would be meeting with ear, nose, and throat physicians to determine the risks and the benefits of the procedure; and noted that there would be continued investigation with respect to this issue until there was resolve. Mayor Stone relayed that with respect to the Via Cordoba area that on Saturday, April 22nd the Police Department had cited five drivers for speeding and/or stop sign violations, advising that the increased enforcement was working well. CITY COUNCIL SUBSEQUENT NEED ITEM Mayor Stone noted that at the April 22nd meeting with the Via Cordoba residents it had been the consensus of staff and the majority of the Via Cordoba residents to remove the treffic circles which required City Council action, advising the Council to agendize the issue as a subsequent need item, City Attorney Thorson relayed that in order to agendize the matter there would need to be a motion reflecting the findings that the need to consider this arose after the posting of the agenda, and that there was a need to act prior to the subsequent Council meeting. MOTION: Councilman Roberts moved that sufficient findings exist to agendize the above- mentioned request. The motion was seconded by Mayor Pro Tem Comerchero. (This motion ultimately passed; see below,) In response to Councilman Naggar, Mayor Stone relayed that various residents were of the opinion that the traffic circles should be removed expeditiously due to the hazards which could be created from the installations. City Attorney Thorson relayed that the consideration for stop sign installations in the Via Cordoba area would be agendized for the next City Council meeting. At this time voice vote was taken reflecting unanimous approval. Mayor Stone advised that this item would be considered after Agenda Item No. 14. R:\Minutes\042500 4 CONSENT CALENDAR 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 2000-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIVlECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Amendment to Fire Protection Aqreement for Fiscal Year 1999-00 RECOMMENDATION: 3.1 Approve the amended Fire Protection Agreement for Fiscal Year 1999-00 and authorize the Mayor and City Clerk to execute the agreement, final form to be approved by the City Manager and the City Attorney. 4 Revised Schedule of Authorized Positions RECOMMENDATION: 4.1 Approve the revised Schedule of Authorized Positions. 5 Tract Map No. 23100-8 - Findinq of conformance with its oriqinal approval (located south of La Serena Wav, east of Meadows Parkwav, west of Butterfield Staqe Road, and north of Rancho California Road in the Marqarita Villaqe Specific Plan No. 199 RECOMMENDATION: 5.1 Approve Tract Map No. 23100-8 in conformance with the conditions of approval; 5.2 Approve the Subdivision Improvement Agreement; 5.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, Monument Bond as security for the agreements. R:\Minutes\042500 5 6 Purchase of a City Utility Vehicle with Aerial Lift RECOMMENDATION: 6.1 Approve the purchase of a City utility vehicle with a 41 -foot aerial lift from Truck Hydraulic Equipment Company, Inc. for $80,097.04. In response to Mayor Pro Tem Comerchero's queries, staff confirmed that there were no firms in the City of Temecula that provided this particular type of service. 7 Authorization to solicit construction bids for the Old Town Southside Parkincl Lot Proiect - Project No. PW98-16 RECOMMENDATION: 7.1 Approve the plans and specifications and authorize the Public Works Depadment to solicit construction bids for the Old Town Southside Parking Lot Project - Project No. PW98-16. Mayor Stone advised that he would be abstaining with regard to this issue. 8 Pala Road Bridqe - Project No. PW97-15 - Construction Acceleration/Mitiqation Project Fundinq RECOMMENDATION: 8.1 Authorize the City Manager to approve contract change orders with Granite Construction Company for an amount of $220,000 above the previously approved 10% contingency for the Pala Road Bridge - Project No. PW97-15. 9 Environmental Indemnification and Remediation Ac~reement for sale of property to Richardson Real Estate, LLC RECOMMENDATION: 9.1 Approve the Environmental Indemnity and Remediation Agreement; 9.2 Adopt a resolution entitled: RESOLUTION NO. 2000-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROViNG THAT CERTAIN ENVIRONMENTAL INDEMNIFICATION AND REMEDIATION AGREEMENT BY THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TO INDUCE CALIFORNIA BANK & TRUST AND THE UNITED STATES SMALL BUSINESS ADMINISTRATION TO PROVIDE A LOAN TO RICHARDSON REAL ESTATE, LLC R:\Minutes\042500 6 10 Park Improvement requirements within the Crowne Hill Development RECOMMENDATION: 10.1 Accept the bonds and agreements for construction of a proposed 4.5-acre park and the respective roadway and sidewalk improvements; 10.2 Accept the Irrevocable Offers of Dedication forthe proposed park and roadway areas; 10.3 Authorize the release of the first 249 building permits within the Crowne Hill Development provided all other requirements for issuance of a building permit have been satisfied. MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-10. The motion was seconded by Mayor Pro Tem Comerchero and voice vote reflected approval with the exception of Mayor Stone who abstained with regard to Item No. 7. At 7:46 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. The meeting recessed from 8:51 P.M. and at 9:00 P.M., the City Council reconvened, resuming with the regularly scheduled City Council business. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 11 Amendment to the Adult Business Ordinance (Planninq Application No. PA00-0041 ) RECOMMENDATION: 11.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF CHAPTER 5.09 OF THE TEMECULA MUNICIPAL CODE REGULATING ADULT BUSINESSES (PLANNING APPLICATION NO. PA00-0041) Providing background on this issue, Deputy City Manager Thornhill presented the staff report (of record), noting that the City has had an Adult Business Ordinance in place, relaying that this year it was proposed that the ordinance be amended in order to address deficiencies in the specificity of the language; in response to the request for revision, the City Council had directed staff to bring the matter before the Planning Commission; advised that the Planning Commission had endorsed the proposed amended ordinance while recommending that additional language be added; provided an overview of the proposed amendments to the ordinance, noting that an activity would be classified as an adult business if the business displayed any material depicting any of the specified anatomical areas or specified sexual activities on the exterior of its packaging if the material was displayed in a manner that was accessible to persons under the age of 18 years; relayed that under this amendment the material shall be deemed inaccessible to persons under the age of 18 year if an area of the business was established for the placement of such material and labeled adults only (which was a regulation similar to the restriction on adult videos currently imposed by State Law in R:\Minutes\042500 7 this particular area); and specified the Planning Commission's recommended minor change modifying the definition of specified sexual activities (per agenda material). Regarding the Planning Commission's proposed amendment, Councilman Naggar queried Vice Chairman Mathewson regarding the recommendation to add the word live with respect to models. In response, Vice Chairman Mathewson confirmed that it was the Planning Commission's intent to not have overly restrictive prohibitions regarding mannequins. In response to Councilman Naggar, City Attorney Thorson relayed that the term models could remain referring to either live or mannequins in light of the qualifying language regarding the specified anatomical exposed areas. Additional discussion ensued regarding the definition of the phrase anatomically correct, Councilman Naggar clarifying that a mannequin depicting a woman by silhouette or definition would not be prohibited. City Attorney Thorson clarified the need for specific language for legal purposes; and in response to Mayor Stone, relayed that if the language included models or mannequins rather than live models, the ordinance would accomplish the Planning Commission's intent. In response to Councilman Naggar, for clarification City Attorney Thorson relayed that the specific language would state including models or mannequins dressed only in lingerie or other coverings to the point where specific anatomical areas are exposed; and provided additional information regarding the definition of specific anatomical areas. For Councilman Naggar, Vice Chairman Mathewson relayed that the above-mentioned language would meet the intent of the Planning Commission. At this time Mayor Stone opened the public hearing. Mr. Wayne Hall, 24101 Moraga Road, relayed full support of the modifications to the ordinance. At this time Mayor Stone closed the public hearing. City Attorney Thorson introduced and read by title only Ordinance No. 2000-03. MOTION: Councilman Naggar moved to approve staff's recommendation with additional language stating including models or mannequins as clarified by City Attorney Thorson. Mayor Pro Tern Comerchero seconded the motion and voice vote reflected unanimous approval. Mayor Stone relayed that the second reading of the ordinance would be conducted at the subsequent City Council meeting, noting that the ordinance would go into affect 30 days after that date. COUNCIL BUSINESS 12 Roripauqh Specific Plan - Status RECOMMENDATION: 12.1 Approve the subcommittee recommendations and direct staff relative to the processing of the project. R:\Minutes\042500 8 Deputy City Manager Thornhill relayed that the Roripaugh Specific Plan planning process had been involved with the City for approximately 5-6 years; specified the issues that staff and the applicant had been attempting to address (i.e., densities, land uses, buffering, circulation, and financing issues related to necessary construction); noted that the Council had appointed a subcommittee consisting of Councilmen Comerchero and Robeds to analyze the feasibility of this project being developed in the City and to provide a recommendation as to whether the application should continue being processed in the City; provided an overview of the subcommittee's meetings and concerns, highlighting the request for an amended fiscal impact analysis, the request for specified deal points for the Development Agreement associated with the project, and additional detail regarding the formation of an Assessment District; relayed that a study regarding the feasibility of the Assessment District had not been conducted due to the fact that the applicant was not willing to fund the study; noted that since there was no data regarding the feasibility of the Assessment District the subcommittee was recommending that the City Council inform the applicant that the project application be withdrawn; advised that since this staff report had been prepared, additional discussions have ensued; and requested the subcommittee members to update the Council. Mayor Pro Tem Comerchero clarified that the primary concern was the ability of the project to either build or aid in the facilitation of the building of Butterfield Stage Road from Rancho California Road up to Murrieta Hot Springs Road which would ultimately be continued by the County through Scott Road and to the 1-215 in order to serve as a bypass; specified that this road improvement project was a key component in the project's consideration; advised that due to the lack of a feasibility study which would address the project's ability to fund these necessary improvements it had been the recommendation to withdraw the application; noted that the subcommittee met again with the applicant on Friday, April 21 st whereas the applicant relayed that at this time he was willing to fund the study, advising that it was the subcommittee's recommendation at this time to postpone the determination until the feasibility study had been completed. In response to Councilman Naggar, Director of Public Works Hughes relayed that the feasibility study could be initiated in approximately two weeks, and completed approximately 30 days after that date. For Councilman Naggar, Deputy City Manager Thornhill relayed that the County's traffic circulation model for the County's General Plan would not be complete until approximately 4-6 months. City Manger Nelson advised that at the Thursday, April 27th City Council Workshop this would be an opportune time to address this issue with the County staff. In response to Mayor Stone's queries, City Manager Nelson provided an overview of the submitted request for a grant via Congressman Packard's office in the amount of $5 million for a project to connect Butterfield Stage Road from Rancho California to Murrieta Hot Springs Road which would be a two-lane project; noted that the City had not received the results of that request, noting that it may be difficult for the City to obtain grant funding for this project. For Mayor Stone, Deputy City Manager Thornhill provided additional information regarding the fiscal impacts as related to the land use implications. With respect to the General Plan process, Mayor Stone queried the density level for this particular property and whether that level was factored into the traffic model. In response, Deputy City Manger Thornhill relayed that the density level was set at a maximum three units per acre which would be approximately 2400 maximum units, noting that this proposal was for the development of 1625 units. R:\Minutes\042500 9 Mayor Stone queried the Council as to whether the Council would be interested in pursuing the development if the study revealed that the project would mitigate the impacts or whether it was the desire of the Council to have the applicant pursue this development with the County. Mayor Pro Tem Comerchero relayed that although he would be reluctant to make a determination prior to the completion of the data, that he was willing to consider the project if the study revealed positive data with respect to the ability for the project to complete the previously mentioned important component of the circulation element; and relayed that adjacent to the 10o acre commercial site there was a 350 unit multi-family area proposed which the applicant had expressed a willingness to remove and to increase the size of the commercial site if the overall parameters rendered that this was a feasible concept, clarifying that there were additional issues that needed to be addressed. In light of the need to annex this property (which was currently vacant) if the Council moved forward with this project at this time, City Attorney Thorson advised that the procedure would be inclusive of the development of a General Plan, zoning specifications, and the development of a Development Agreement, relaying that there would be numerous public hearings before the Planning Commission and the City Council, noting that there would be interim Council decisions determining whether the City would proceed with the project. At this time Mayor Stone opened the public hearing. Ms. Adrian McGregor, 34555 Madera del Playa, relayed concern with respect to the densities and the impact on the City monetarily which would not be adequately compensated by the proposed commercial business; and provided additional information regarding Assessment Districts and the Southwest 30-year Plan which was currently being revised by the County. Mr. Sandro Lamni, 30427 Mendocino Way, Murrieta, member of the Board of Directors for the Temecula Preparatory School, relayed that the efforts of the Board had been focused on locating the school in the City of Temecula; noted that the applicant for this project had offered a temporary facility for the school; requested the City Council to postpone determination on this project until the study has been completed; and thanked Councilmen Comerchere, Naggar, and Stone for their diligent efforts related to aiding the efforts of the school. For Councilman Naggar, Mr. Lamni relayed that the applicant offered the school the use of the property immediately. In response, Councilman Naggar requested staff to aid the school in utilizing this property. For Councilman Naggar, Deputy City Manger Thornhill recommended that Mr. Lamni contact Planning Manager Ubnoske, advising that there was a procedure to be followed. In light of the previous discussion, Mayor Pro Tem Comerchero relayed that while the offer to the school was commendable that this project should be considered with respect to it impacts on the City of Temecula, noting that the gesture should not obscure other important criteria. Mr. Mike Knowlton, 39130 Pala Vista Drive, queried whether this project could be developed similar to the Johnson Ranch Development; and relayed that he was a proponent of the improvements to the traffic circulation. In response to Mr. Knowlton, Mayor Stone relayed that if the Council goes forward with the project that there would be numerous public hearings, noting that thirty-seven percent (37%) of the proposal would be dedicated to open space. At this time Mayor Stone closed the public hearing. R:\Minutes\042500 10 The Council relayed dosinq comments, as follows: Councilman Roberrs relayed that per telephone discussions he had been notified that the applicant was potentially going to donate a shelter to Against Domestic Violence (ADV), noting his recommendation that the issues of concern be addressed by the subcommittee rather than getting sidetracked by the offers to alternate organizations; advised that the feasibility study would reveal important data, recommending that alternate entities do not plan ahead with respect to the offers prior to a determination from the City Council; and relayed hopes that the applicant would wait until the Council had followed the proper procedures before presenting potential offers to community organizations. Mayor Stone noted that Mr. Lamni had noted that the property was being provided unconditionally, thanking the applicant for this endeavor. Councilman Naggar concurred that the issue of whether or not the provissons were ultimately provided to the school was unrelated to the issue before the Council, reiterating his request for staff to provide direction to the school; with respect to the General Plan Circulation Update, noted that this project had been denoted on the plan with 1625 units, relaying that all feasible road improvements would also be addressed in the circulation element, advising that various intersections would still pe~orm at inadequate levels; with respect to the study, noted his concurrence to investigate the viability of the Assessment District; advised that in his opinion the major criteria would be whether this project mitigates its traffic, noting that he was not opposed to the construction, and acknowledging the benefits of the project (i.e., open space areas); clarified that the deciding factor for him would be whether the City would be benefited more with or without the project; specified that with the densities proposed if the traffic could be mitigated then he would consider supporting the proposal, and if not, he would not; and recommended that the applicant proceed with the study. With respect to open space areas, Councilman Pratt recommended that the City should consider acquiring this property or that the applicant consider development of larger parcels. Mayor Stone relayed that he also had concern regarding the traffic generation associated with the project, noting that the Assessment District would be the important key in the mitigation of traffic; with respect to the annexation proposal, specifically regarding a property located on the border of the City, advised that the City had an opportunity to exercise land-use authority or the responsibility could be given to the County Board of Supervisors, relaying his reluctance to do that since only one or two of the Supervisors were accountable for their vote on the project in this District; noted that the Board could be labeled as pro-growth; reiterated that the City had the ability to govern the land-use authority, advising that this was the purpose of the Growth Management Plan, due to the unabated growth in the County areas; clarified that he was a strong proponent of the City Council further reviewing this project to determine the merits in order to ensure that the citizens of Temecula are the beneficiaries of positive traffic impacts, adequate parks through the City's Quimby requirements, rather than the County's Quimby requirements, and to ensure that the infrastructure was provided creating access to the freeway without going through the core of the City; noted that the fees collected would be for provisions for infrastructure in the City rather than having the County determine the improvements; and advised that the fiscal benefits may have been underestimated, specifically if there could be provisions for a bypass of Highway 79 South to the 15 Freeway. With respect to Ms. McGregor's comments, iVlayor Pro Tem Comerchero clarified that this project would slightly benefit the City monetarily, querying the cost figures represented; and advised that if this project would cost the City $13 million it would not be considered. R:\Minutes\042500 11 MOTION: Councilman Roberrs moved to continue the issue off-calendar for 60 to 90 days in order for the study to be completed and for the subcommittee to review the findings. Mayor Pro Tem Comerchero seconded the motion and voice vote reflected unanimous approval. Councilman Naggar recommended that when the subcommittee reports back that they augment their report with the latest specific data from the County in regards to the Circulation Element. 13 ADDointment of two Councilmembers to the Weed Abatement Contractor Selection Committee RECOMMENDATION: 13.1 Appoint two Councilmembers to a Subcommittee for the purpose of interviewing and the subsequent selection of a weed abatement contractor. Chief Building Official Bmo provided an overview of the City's Weed Abatement Program which reviews hazardous vegetation throughout the City each year; relayed that in light of the current expiration of the current contractual agreement which provided these services, staff had subsequently selected three firms that were qualified for the work; and relayed the recommendation to the Council that two members be appointed to sit on a subcommittee for the interview and subsequent selection of a weed abatement contractor for the City. Councilman Naggar and Pratt offered to serve on this subcommittee. MOTION: Councilman Roberts moved to appoint Councilmen Naggar and Pratt to serve on this particular subcommittee. Mayor Pro Tem Comerchero seconded the motion and voice vote reflected unanimous approval. 14 Policy for Wild and Exotic Animals RECOMMENDATION: 14.1 Approve the proposed policy for the care and treatment of wild/exotic animals and incorporate the services of L.E.A.F. to assist in the inspection and permitting process for wild and exotic animals. Via overheads, Assistant to the City Manager Yates presented an overview of the proposed policy (via agenda material) which had been prepared in conjunction with Lake Elsinore Animal Friends (L.E.A.F.), noting that the guidelines would provide additional structure to the inspection required for the permitting process of wild and exotic animals; specified the $100 fee and the $2,000 refundable deposit required; provided additional information regarding the definition of wild and exotic animals (per staff report); for Councilman Naggar, clarified that the policy originated from L.E.A.F., which staff had utilized as a guideline, modifying the language for the City's use; confirmed that L.E.A.F. would be in charge of enforcing the policy; for Mayor Pro Tern Comerchero, specified the differential between the existing permitting process and this particular proposal, reiterating the fee requirement and the need for additional documentation; relayed that these guidelines would implement tools for additional review of the publids and the animal's health and safety; confirmed that the policy was designed to ensure adherence to the United States Department of Agriculture (USDA) regulations; with respect to Policy No. 30, regarding the waiving of fees for educational-type permits, advised, for Councilman Roberts, that staff would need to develop a qualifying criteria for determination of what entities qualified for an educational permit. R:\Minutes\042500 12 In light of L.E.A.F. aiding in the drafting of the policy, and being in charge of enforcing the ordinance, Councilman Naggar queried whether staff was aware that LE.A.F. was on record as being anti-circus, referencing L.E.A.F. material. In response, Assistant to the City Manager Yates read a statement from Ms. Ann Washington, Executive Director of L.E.A.F., clarifying the mission of the organization to support and protect the community from dangerous exotic animals, relaying the L.E.A.F. would support City polices; advised that he could not address the qualifications of L.E.A.F. regarding the maintaining and observing of exotic animals, relaying that the USDA would have the overriding authority with respect to these issues, noting that USDA regulations would be followed. Councilman Pratt concurred with Councilman Robert's comments regarding Policy No. 30 with respect to the waiving of fees for educational permits; relayed that in his opinion if a fee was charged that the educational facet to the program would be negated; and queried who would be liable for the determinations of L.E.A.F. In response, Assistant to the City Manager Yates relayed that Policy No. 29 addressed an administrative appeal process. Commenting that ninety-eight percent (98%) of this particular ordinance was duplicated by the ordinances covered by the USDA, Councilman Naggar queried the necessity of a mirrored ordinance. In response, Assistant to the City Manager Yates relayed that this proposal was an attempt to provide additional tools at a local level for enforcement of the USDA regulations. Relaying that although the USDA set the requirements for this issue, Mayor Stone advised that via the correspondence he had received, the Federal Government did not adequately enforce the regulations; advised that it was his opinion that this revised policy did not address enhanced public safety nor did the policy ensure that circuses would take the primary responsibility of maintaining the health and welfare of their animals; queried the lack of penalties addressing the issues that had been mentioned in the newspaper recently (i.e., an elephant killing an individual in Thailand, and an animal killing a child in a cage in Texas); queried whether L.E.A.F. had the expertise to ensure that the detrimental treatment of animals would be prevented; and relayed that it was not his desire to create additional bureaucracy which may not address the issues of concern. City Manager Nelson relayed staffs intent to balance the need for restrictions while providing an additional layer of support for the care and welfare of animals that come into the City of Temecula; and advised that staff had not spent more than five hours of time on this item, specifically in order to gain input from the City Council and the community. At this time Mayor Stone opened the public hearing. City Clerk Jones read into the record a brief statement from Mr. Steven Turner, 43480 Corte Durazo, relaying his opposition with respect to the influence of special interest's groups, requesting that the citizens of Temecula make a determination regarding this matter, and that the issue be place on the ballot. The following individuals were in opposition to the proposed policy: n Ms. Linda L. Roberson n Ms. Patricia Hall Mr. Franklin Rosengear Ms. Elena Medo n Ms. Beverly White Ms. Patty Muniain n Ms. Joanne Smith R:\Minutes\042500 no address given 27483 Lark Court 10866 Westminster 41715 Enterprise Circle 27230 Yorba Linda 769 San Jacinto Avenue 27515 Highway 74 13 representing Circus Vatgas n Ms, Karl Johnson 27575 Highway 74 [] Ms. Charlene Stover 25584 F Sharp n Ms. Penny Enger P.O. Box 8115 [] Ms, Madlynn Clinard 24770 California Avenue The above-mentioned individuals were opposed to the proposed policy for the following reasons: v Relayed the qualifying credentials of the Circus Vargas trainers. Noted the public interest in attending circus events. ,/ Provided letters of recommendation associated with Circus Vargas. Via overheads, presented an overview of the maintenance of the animals at Circus Vargas. Relayed data regarding animal activists' literature and master plan. While relaying no opposition to charging a fee for an inspection, advised that with respect to the proposal, that Policy Item Nos. 2,3,4, 6, 14, 16, 19, 22, 23, 25b and c, and 27 could be determined at the time of the inspection of the animals, noting that Item Nos. 9, 11, and 12 were subjective and difficult to enforce; queried the definitions of the terms excessive handling and teasing; with respect to separating animals, queried the provided rationale, noted opposition to Item No. 21, regarding exercising pregnant animals; relayed that the balance of these issues were covered by USDA regulations, noted that for the most part, people who care for animals take good care of them; with respect to the April 25, 2000 Press Enterprise article regarding this proposal, referencing page B1, paragraph 5, noted that data was provided with respect to some various animal activist's agenda, clarifying that they would only be satisfied if animals were running free; and relayed the vagueness of the proposed policy which could make it subject to litigation. Relayed opposition to the bureaucracy associated with the permitting. Noted the inefficiencies of the USDA regulations. Advised that a permitting process regulated by an organization opposed to circuses would not be effective. Requested the City Council to not place a ban on exotic animals in the circus. Noted that elephants were an integral part of the circus. Relaying that per visits to the Have Trunk Will Travel Organization (The Johnson Ranch) that this was a worthwhile entity which benefited the area, noting that the elephants were well treated. Provided data regarding the embellishments of the animal activists' comments. Presented an overview of the activities and programs associated with the Johnson Ranch, noting the associated regulating agencies. v Relayed no opposition to a fair and equitable permitting process. R:\Minutes\042500 14 v Advised that the organizations that mistreated animals should be addressed. It was noted that the City Council recessed at 10:22 P.M., reconvening at 10:30 P.M. For Councilman Naggar, Ms. Roberson confirmed that while Circus Vargas was in Balboa Park, Animal Control Officers had visited the site daily; specified the potential consequences of the organization if a citation would have been issued; for Mayor Stone, relayed that she had been associated with Circus Vargas for five years, noting that there had been no citations issued in that period of time for animal abuse, or for public injury; confirmed that two elephants had died of tuberculosis, relaying that at this time there was a new testing procedure for the disease; relayed that Circus Vargas had their own veterinarian, Dr. Oosterhuis, who was one of the top specialist in the nation, and who was also a veterinarian for the San Diego Animal Park; for Mayor Pro Tern Comerchero, specified that the Animal Control Officers visiting the Balboa Park Event were from San Diego County, relaying that they were responding to voiced concerns; for Councilman Roberrs, advised that Circus Vargas' elephants were leased; and for Councilman Pratt, noted that the elephants had spent approximately 18 minutes performing before the public during a three-day event. For Councilman Naggar, Ms. Johnson provided information regarding the death of a baby elephant on the Johnson Ranch, noting the extensive research that was conducted. The following individuals were proponents of the policy: a Ms. Dana Connolly P.O. Box 890822 n Ms. Jane Garrison P.O. Box 14187 The above-mentioned individuals were proponents of the proposed policy for the following reasons: Advised that animals needed protection, advocacy, and compassion. v Concurred with the ban of wild animals in circuses. Relayed that firsthand documentation had been completed regarding the capture and training of elephants prior to coming to the United States, noting the abusive treatment. Recommended that an ordinance be inclusive of a ban against the use of abusive training devices, and a restriction with respect to allowing elephants that have been captured from the wild being permitted to perform. For Councilman Naggar, Ms. Garrison relayed that with respect to the local Johnson Elephant Ranch, that there was inadequate space for roaming, that young elephants have died at the Ranch, and that elephants were too dangerous to be ridden by people; for Mayor Stone, advised that the Federal Animal Welfare Act in the United States was inadequate, and did not address the mistreatment of animals; and noted that she had an undercover video of animals being abused. Mayor Stone recommended that the Federal Legislators, including Senators Boxer and Feinstein be invited to Temecula City Hall for a public workshop in order to inform our legislators of the plight of exotic animals since these are the individuals that shape the Federal Policies that impact the protection, and the rights of animals. R:\Minutes\042500 15 The following individuals were proponents of a ban barring the use of exotic animals in circuses: n Ms. Garnet Sherman a Ms. May Lorah Mr. Mitch Wagner n Mr. Lance M. Sandon a Ms. Pamela Miod r, Ms. Isa Salisbury n Ms. Megan Ohnesorgen n Dr. Allson E. Stanley n Ms. Lucy Shelton Mr. Ed Stewart n Mr. Anthony C. Burg [] Dr. Susan Finsen 25560 Corte Zorita 41886 Corte Lara 19870 Hitt Lane 39450 Bella Vista Road 30995 Via Saltio 23684 Via Olivia 30340 Pechanga Drive 1704 Westcliff Drive 1334 Brian Avenue 11435 Summerhorn 42200 Margarita Road 31328 Alta Vista Drive The above-mentioned individuals were proponents for a ban against the use of exotic animals in circuses for the following reasons: Via a video presentation, displayed an escaped elephant being shot in another country due to endangering the public. Provided data regarding captive elephants, noting the injuries and deaths. ,f Opposed the mistreatment of animals at circuses (noting that the animals would have to be mistreated in order to perform the unnatural tasks the circuses demand (i.e., elephants standing on their heads.) Noted the liability issues associated with circuses. Recommended that the City adopt an ordinance inclusive of Type I Indemnification to ensure that a circus promoter would be responsible to defend the City with respect to litigation matters, and be required to provide liability insurance with the City named as an additional insured on the policy. Advised that circus animals put the public at risk due to the unpredictability of their behavior. Relayed that circus animals have been beaten, and stored and transported via inadequate means. Noted that abuse occurs when the animals are taken out of their natural habitat. Advised that Finland had banned the use of exotic animals in circuses. ,/ Queried the impact on children seeing animals being trained with bull hooks and shocked with prods. Noted that children could learn of animals via textbooks rather than at the circuses. ,/ Advised that there was a connection between the mistreatment of animals and the subsequent mistreatment of people. Relayed that two years ago the City of Azusa banned wild animals from circuses on City- owned property. R:\Minutes\042500 16 Opposed the confinement of animals. v Provided additional data regarding the dangers associated with elephants travelling. Displayed a bull hook that had been used in the past as a circus-training tool. Relayed that the exploitive entertainment at circuses was unacceptable. Referenced a quote from Mahat Ma Gandhi stating, "The greatness of a nation and its moral progress can be judged by the way its animals are treated." It was noted that the City Council recessed at 11:05 P.M., reconvening at 11:11 P.M. For Mayor Stone, Ms. Sherman advised that there appeared to be a connection between elephants contracting tuberculosis and elephants in the circus. For Councilman Naggar, Mr. Sandon relayed that wild animals in the circuses were mistreated while trained, noting the use of the bull hook in the training of animals. For Mayor Stone, Mr. Burg relayed that he had witnessed elephants being kept stationery for 3- 4 hours at the Circus Vargas Event in Murrieta. For City Manager Nelson, Mr. Stewart relayed that the Bill before Congress regarding the ban of elephant rides and travelling elephants in circuses was H.R. 2929. Mayor Stone closed the public hearing at this time. The Councilman relayed their conclusions, as follows: Councilman Pratt noted that the community comments had been informational. Based on the input provided, Councilman Roberts relayed that most individuals expressed opposition to the proposed ordinance, advising that an alternate ordinance should be drafted. Mayor Pro Tem Comerchero advised that the intent of the proposal was to insure that animals would be well-treated, noting that this proposed policy, as written, did not adequately address the concerns of the community; relayed that while he was opposed to the abuse of animals, he would not support a ban on exotic animals in the circus; and recommended that the Council deny this ordinance and after additional investigation that the issue be brought before the Council at a future date. Councilman Naggar advised that he was opposed to the comparison of animals to people as equitable entities; referenced comments from the heads of animal activist organizations, equating the mistreatment of humans (i.e., the holocaust) with that of animals; noted that cruelty as defined by L.E.A.F. was not being exhibited at the Circus Vargas Events per his attendance to the recent events; reiterated that this issue was regulated by the USDA regulations, concurring with Mayor Stone's recommendation to hold the Federal Legislators accountable; noted his opposition to a ban on a permitting process that levees a special tax on a single type of business; relayed that he would take a stand against the cruelty of animals; and noted that he was moved by the community comments. Mayor Stone relayed that the proposed policy would not adequately prevent the abuse of animals; noted that in his opinion, some circuses treated their animals humanly; commended R:\Minutes\042500 17 the Johnsons for their fine facility, relaying that per numerous testimonials the cam of their animals had been applauded; with respect to liability issues, noted his concern, requesting that the City Attorney investigate the matter; relayed his opposition to violent means of training animals, noting that he would not condone the unethical treatment of animals; recommended that additional investigation be conducted with respect to this matter to insure the ethical treatment of animals, and to reduce liability to the City; reiterated his recommendation to invite Congressmen Calvert, Bono, Packard, and Senators Boxer and Feinstein to the City Hall in order to discuss the abuses that the Federal Government was not addressing, by not enforcing the regulations; recommended development of a policy that allows entities like the Johnson Ranch to take care of animals well, while prohibiting circuses that abuse animals; recommended that laws and the enforcement of those laws should address animal protection, and public safety from the wild animals; and noted that staff would invite the legislators to a meeting to address these issues. In response to Mayor Stone's comments, City Manager Nelson recommended that the State Legislatures be included in the discussions. Mayor Pro Tem Comerchero concurred with Mayor Stone's recommendation. MOTION: Mayor Pro Tem Comerchero moved to deny the policy, as proposed. Councilman Pratt seconded the motion. (This motion ultimately passed; see below.) Councilman Roberts relayed that the benefit of this issue being agendized was that the concerns of the community had been brought to the forefront; and noted his concurrence with Mayor Stone's recommendation. Mayor Stone recommended that the Secretary of Agriculture be invited to attend this meeting, as well; and relayed that the public would be notified via the newspaper as to a scheduled date. At this time voice vote was taken reflecting unanimous denial of the proposed ordinance. At 12:33 A.M. the City Council recessed, reconvening at 12:40 A.M. CITY COUNCIL SUBSEQUENT NEED ITEM 15 Traffic Calminq Devices - Via Cordoba RECOMMENDATION: 15.1 Direct the Public Works Department to remove the traffic calming devices on Via Cordoba. MOTION: Mayor Pro Tem Comerchero moved to remove that the traffic circles and the associated signage on Via Cordoba. Councilman Roberts seconded the motion. (This motion ultimately passed; see below.) For Councilman Naggar, Mayor Stone relayed that the issue of installing stop signs in this area would be agendized for a future City Council meeting. At this time voice vote was taken reflecting unanimous approval. R:\Minutes\042500 18 DEPARTiViENTAL REPORTS CITY I~IAi~AGER'S REPORT No input. CITY ATTORNEY'S REPORT City Attorney Thorson relayed that with respect to the Closed Session there were no reportable items. ADJOURNMENT At 12:55 A.M., Mayor Stone formally adjourned the City Council meeting to the next adjourned regular meeting: City Council Workshop, Thursday, April 27, 2000, April 27, 2000, 5:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] R:~Minutes\042500 19 BTEM 3 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEIVlANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $741,662.61 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 27th day of June, 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W, Jones, CMC City Clerk [SEAL] Resos 2000- 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 2000- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 27*h day of June, 2000 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos 2000- 2 CITY OF TEiVlECULA LIST OF DEMANDS 06/08/C0 TOTAL CHECK RUN: 06~7/00 TOTAL CHECK RUN: 06/08/00 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 06/2TI00 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 219,544.57 165 RDA DEV-LOW/MOD SET ASIDE 5,169.15 190 COIVevlUNITY SERVICES DISTRICT 62,414.46 191 TCSD SERVICE LEVEL A 1,749.75 192 TCSD SERVICE LEVEL B 220.81 193 TCSD SERVICE LEVEL C 3,649.86 194 TCSD SERVICE LEVEL D 661.90 210 CAPITAL IMPROVEMENT PROJ. FUND 216,944.40 280 REDEVELOPMENT AGENCY-CIP 7,887.54 300 INSURANCE FUND 343.07 320 INFORMATION SYSTEMS 31.318.04 330 SUPPORT SERVICES 819.59 340 FACILITIES 4,256.18 100 GENERAL FUND $ 133,485.16 165 RDA-LOW/MOD SET ASIDE 2.640.63 190 COMMUNITY SERVICES DISTRICT 35,495.35 193 TCSD SERVICE LEVEL C 1,977.65 194 TCSD SERVICE LEVEL D 393.34 250 REDEVELOPMENT AGENCY-CIP 2,027.86 300 INSURANCE FUND 646.82 320 INFORMATION SYSTEMS 4,641.18 330 SUPPORT SERVICES 1.127.69 340 FACILITIES 4,247.61 TOTAL BY FUND: $ PREPAR CASSANDRA EO, COUNTING ASSISTANT I GE~~ ~ CE , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. I SH~~ , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. 211,157.90 343,821.42 186.683.29 741,662.61 554,979.32 186,683.29 741,662.61 VOUCHRE2 CITY OF TEHECULA PAGE 12 06/08/00 11:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA OEV- LOW/HOD SET ASIDE 190 COMMUNITy SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL S 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL INPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATZON SYSTENS 330 SUPPORT SERVICES 340 FACILITIES ANOUNT 112,934.64 5,169.15 43,670.42 309.75 220.81 1,174.86 661.90 29,200.97 2,808.04 343.07 9,588.52 819.59 4,256.18 TOTAL 211,157.90 VOUCHRE2 CITY OF TEMECULA PAGE 1 06108100 11:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR ~UMBER DATE NUMBER VENDOR NAME 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 7671 06/08/00 000283 [NSTATAX [NSTATAX INSTATAX ]NSTATAX INSTATAX INSTATAX INSTATAX INSTATAX [NSTATAX INSTATAX [NSTATAX [NSTATAX [NSTATAX INSTATAX ]NSTATAX INSTATAX INSTATAX INSTATAX [NSTATAX [NSTATAX (IRS) (IRS) (IRS) (IRS) (IRS) (IRS) (IRS) (IRS) (IRS) CIRS) (IRS) (IRS) CIRS) (IRS) (IRS) (IRS) (IRS) (IRS) (IRS) (IRS) 7768 06/08/00 000444 ?768 06/08/00 000444 7768 06/08/00 000444 7768 06/08/00 000444 7768 06/08/00 000444 7768 06/08/00 000444 7/68 06/08/00 000444 r768 06/08/00 000444 7768 06/08/00 000444 7'/68 06/08/00 000444 7768 06/08/00 000444 7768 06/08/00 000444 7'/68 06/08/00 000444 7768 06/08/00 000444 7768 06/08/00 000444 7'/68 06/08/00 000444 7768 06/08/00 000444 7768 06/08/00 000444 INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX XNSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX INSTATAX (EDD) (EDD) (EDD) (EDD) (EDD) (EDD) (EDD] [EDD) (EDD) (EDD) (EDD) (EDD) (EDD) (EDD) (EDD) (EDD) (EDD) (EDD) 62738 06/08/00 003552 62738 06/08/00 003552 62?38 06/08/00 003552 62?38 06/08/00 003552 62?38 06/08/00 003552 62?38 06/08/00 003552 62?38 06/08/00 003552 62?38 06/08/00 003552 62?38 06/08/00 003552 A LA A LA A LA A LA A LA A LA A LA A LA A LA ITEM DESCRIPTION 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 NEDICARE 000283 NEDICARE 000283 MEDICARE 000283 MEDICARE 000283 NEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 003552 CANCER 003552 EXP PROT 003552 EXP PROT 003552 HOSP IC 003552 STD 003552 STD 003552 STD 003552 STD 003552 STD ACCOUNT NUMBER 001-2070 165-2070 190-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 193-2070 280-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2330 001-2330 190-2330 001-2330 001-2330 190-2330 193-2330 194-2330 340-2330 ITEM AMOUNT 20,538.19 304.00 4,548.81 276.53 91.69 135.02 53.42 1,021.11 170.94 483.37 5,106.36 94.43 1,267.99 71.33 15.85 65.39 24.09 190.08 40.54 150.60 82.38 2.32 84.43 2.18 4.39 9.53 2.61 5.38 5,552.95 100.42 961.95 54.42 25.92 41.07 8.91 256.66 39.95 96.91 234.50 196.90 55.80 17.50 614.40 112.00 9.60 3.20 9.60 CHECK AMOUNT 34,649.74 7,332.38 1,253.50 62?39 06/08/00 000116 A V P VISION PLANS 000116 AVP 001-2310 613.36 VOUCHRE2 CITY OF TEMECULA PAGE 2 06/08/00 11:01 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 62739 06/08/00 000116 A V P VISION PLANS 000116 AVP 190-2310 62.87 62739 06/08/00 000116 A V P VISION PLANS 000116 AVP 194-2310 2.23 62739 06/08/00 000116 A V P VISION PLANS 000116 AVP 340-2310 24.15 62740 06/08/00 AFFILIATES EQUITY MORTG OVR PYMT: BUS LIC FEE #014639 001-199-4056 15.00 702.61 15.00 62741 06/08/00 002733 ALBAO, NANCY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 336,00 336.00 62742 06/08/00 001916 ALBERT A WEBS ASSOCIATE 62742 06108100 001916 ALBERT A WEBS ASSOCIATE 62742 06/08/00 001916 ALBERT A WEBS ASSOCIATE MAR PROF SRVCS:RANCHO CAL/I-15 FEB PROF SRVCS:RANCHO CAL/I-15 FEB PROF SRVCS:RANCHO CAL/X-15 210-165-601-5801 210-165-601-5801 210-165-601-5801 363.98 624.48 55.00- 933.46 62743 06/08/00 ALBERTSONgS TICKETS FOR DEL RAR EXCURSION 190-183-999-5350 76.00 76.00 62744 06/08/00 003520 AMERICAN SOCIETY OF COM BROADCASTING FOR WESTERN DAYS 280-199-999-5362 100.00 100.00 62745 06/08/00 000101 APPLE ONE, INC. TEMP HELP W/E 5/13 BRUNER, J 001-163-999-5118 62745 06/08/00 000101 APPLE ONE, INC. TEMP HELP W/E 5/13 BRUNER, J 001-165-999-5118 62745 06/08/00 000101 APPLE ONE, INC. TEMP HELP W/E 5/13 HOOVER, L 001-161-999-5118 62745 06/08/00 000101 APPLE ONE, INC. TEMP HELP W/E 5/20 BRUNER, J 001-163-999-5118 62745 06/08/00 000101 APPLE ONE, INC. TEMP HELP W/E 5/20 BRUNER, J 001-165-999-5118 62745 06/08/00 000101 APPLE ONE, INC. TEMP HELP W/E 5/20 WESTHAVER 001-162-999-5118 192.00 192.00 468.00 192.00 192.00 456.30 1,692.30 62746 06/08/00 001323 ARROWHEad) WATER INC HAY BOTTLED WTR SVCS*MAINT FAC 340-199-701-5250 62746 06/08/00 001323 ARROWHEAD WATER INC MAY BOTTLED WTR SVCS-CRC 190-182-999-5250 62746 06/08/00 001323 ARROWHEAD WATER INC MAY BOTTLED WTR SVCS-CITY HALL 340-199-701-5250 99.22 36.99 178.66 314.87 62747 06/08/00 000122 B S N SPORTS SPORT SUPPLIES-CRC 190-182-999-5301 62747 06/08/00 000122 B S N SPORTS SPORT SUPPLIES-CRC 190-182-999-5301 45.27 76.54 121.81 62748 06/08/00 003017 BALDERSON, SCOTT TCSD INSTRUCTOR EARNINGS 190-183-999-5330 200.00 200.00 62749 06/08/00 BECK, PEGGY REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 62750 06/08/00 003126 BOOMGAARDEN, DENNIS TCSD INSTRUCTOR EARNINGS 190-183-999-5330 249.60 249.60 62751 06/08/00 002099 BUTTERFIELD ENTERPRISES OLD TOWN RESTROOM RENTAL 280-199-999-5234 826.00 826.00 62752 06/08/00 003553 62752 06/08/00 003553 62752 06/08/00 003553 62752 06/08/00 003553 62752 06/08/00 003553 62752 06/08/00 003553 62752 06/08/00 003553 C 62752 06/08/00 003553 C 62752 06/08/00 003553 C 62752 06/08/00 003553 C 62752 06/08/00 005553 C 62752 06/08/00 003553 C 62752 06/08/00 003553 C C GNA C GNA C GNA C GNA C GNA C GNA GNA GNA GNA GNA GNA GNA GNA 003553 LTD 001-2380 1,388.26 003553 LTD 165-2380 25.85 003553 LTD 190-2380 263.40 003553 LTD 193-2380 16.43 003553 LTD 194-2380 4.70 003553 LTD 280-2380 12.74 003553 LTD 300-2380 7.33 003553 LTD 320-2380 38.47 003553 LTD 330-2380 8.33 003553 LTD 340-2380 34.83 003553 STD 001-2500 1,937.74 003553 STD 165-2500 36.00 003553 STD 190-2500 367.64 VOUCHRE2 CITY OF TERECULA PAGE 3 06108100 11:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 62752 62752 62752 62752 62752 62752 62752 62754 62754 62755 62755 62755 62755 62755 62755 62755 62755 62755 62756 62757 62758 62759 62760 62761 62762 62762 62763 62763 62763 62763 62764 62764 CHECK DATE 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 0~0~00 0~0~00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 003553 003553 003553 003553 003553 003553 003553 c GNA C GNA C GNA C GNA C GNA C GNA C GNA CALIFORNIA INLAND EMPIR CALIFORNIA INLAND EMPIR 003553 STD 193-2500 22.93 003553 STD 194-2500 6.56 003553 STD 280-2500 17.78 003553 STD 300-2500 10.23 003553 STD 320-2500 53.70 003553 STD 330-2500 11.62 003553 STD 340-2500 48.64 REFUND:SECURITY DEPOSIT 190-2900 REFUND:EVENT CANCELLATION 190-183-4990 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 003554 CANADA LIFE ASSURANCE C 003554 LIFE iNS 003554 CANADA LIFE ASSURANCE C 003554 LIFE iNS 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 003554 CANADA LIFE ASSURANCE C 003554 LiFE iNS 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 003554 CANADA LIFE ASSURANCE C 003554 LiFE INS 003554 CANADA LIFE ASSURANCE C 003554 LiFE INS 001275 CONPUSERVE INC 003252 CONTRACT SERVICES CORPO 002697 CREATIVE LIGHTING INC 002697 CREATIVE LIGHTING INC 002697 CREATIVE LIGHTING INC 004003 CRISP, ALBERT K. 004003 CRISP, ALBERT K. 001233 DANS FEED & SEED INC 003438 DONAHOE, CAROLE 001544 E L YEAGER CONSTRUCTION 001544 E L YEAGER CONSTRUCTION 001380 E S ] EMPLOYMENT SERVIC 001380 E S 1 EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 002060 EUROPEAN DELI& CATERIN 002060 EUROPEAN DELI& CATERIN 001-2360 165-2360 190-2360 193-2360 194-2360 280-2360 300-2560 320-2560 330-2360 340-2360 SUBSCRIPTION-COMPUTER MAGAZINE 320-199-999-5228 JANITORIAL SUPPLIES-SIXTH ST 001-164-603-5218 BALLFIELD LIGHT REPAIR:VAR PKS 190-180-999-5250 BALLFLD LHT RPR:PAL DEL SOL PK 190-180-999-5250 OVERBILLING:BALLFLD LHT REPR 190-180-999-5250 MAY SVC:LAND DEVELOP ENG MAY SVC:LAND DEVELOP ENG 001-163-999-5248 001-163-999-5248 PROPANE GAS FOR FIELD TANKS 001-164-601-5218 REIMB:NATL APA CF:4/15-19/00 001-161-999-5258 APR PRGS PMT#2-WIN PVMNT 99-16 210-165-655-5804 RET.W/H PMT#2-WIH PVMNT 99-16 210-2035 TEMP HELP W/E 05/5 HILLBERG, D 165-199-999-5118 TEMP HELP W/E 5/5 HILLBERG, D 165-199-999-5118 TEMP HELP W/E 5/19 HILLBERG, D 165-199-999-5118 TEMP BELP W/E 5/19 KRUEGER, K. 320-199-999-5118 REFRESHMENTS-TCSD BUDGET WKSHP 190-185-999-5250 REFRESHMENTS-TCSD BUDGET WKSHP 190-180-999-5260 100.00 35.00 583.38 8.13 125.47 8.44 1.95 4.87 3.24 13.00 6.50 18.52 9,95 139.64 1,404.00 624.00 200.00- 920.00 80.00 12.19 1,169.77 22,488.50 2,248.85- 336.80 1,102.40 1,233.60 1,868.10 38.11 25.41 4,313.26 135.00 773.50 9.95 139.64 1,828.00 1,000.00 12.19 1,169.77 20,239.65 4,540.90 63.52 62765 06/08/00 000165 FEDERAL EXPRESS ]NC EXPRESS MAIL SERVICES 001-161-999-5230 47.48 62765 06/08/00 000165 FEDERAL EXPRESS [NC EXPRESS MAiL SERVICES 001-162-999-5230 15.81 62765 06/08/00 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-165-999-5230 16.05 VOUCHRE2 CITY OF TEHECULA PAGE 4 06/08/00 11:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 62765 06/08/00 000165 FEDERAL EXPRESS 62765 06/08/00 000165 FEDERAL EXPRESS INC 62765 06/08/00 000165 FEOERAL EXPRESS INC 62765 06/08/00 000165 FEDERAL EXPRESS INC 62766 06/08/00 003347 FIRST BANKCARD CENTER 62766 06/08/00 003347 FIRST BANKCARD CENTER 62766 06/08/00 003347 FIRST BANKCARD CENTER 62766 06/08/00 003347 FIRST BANKCARD CENTER 62766 06/08/00 003347 FIRST BANKCARD CENTER 62766 06/08/00 003347 FIRST BANKCARD CENTER 62766 06/08/00 003347 FIRST RANKCARD CENTER 62766 06/08/00 003347 FIRST BANKCARO CENTER 62766 06/08/00 003347 FIRST BANKCARD CENTER 62766 06/08/00 003347 FIRST RANKCARD CENTER 62766 06/08/00 003347 FIRST BANKCARD CENTER 62766 06/08/00 003347 FIRST RANKCARD CENTER 62766 06/08/00 003347 FIRST RANKCARD CENTER 62766 06/08/00 003347 FIRST RANKCARD CENTER 62766 06/08/00 003347 FIRST RANKCARD CENTER 62766 06/08/00 003347 FIRST RANKCARD CENTER 62766 06/08/00 003347 FIRST RANKCARD CENTER ITEM DESCRIPTION EXPRESS NAIL SERVICES EXPRESS NAIL SERVICES EXPRESS NAIL SERVICES EXPRESS NAIL SERVICES XX-7824 J,C.:NARIE CALLENDER~S XX-7824 J.C. CF: C C C A XX-7824 J.C. CF: SACRAMENTO XX-9277 R.ROBERTS:CF:C C C A XX-9277 R,ROBERTS:S A F E NTG XX-9277 R,ROBERTS:S C A G NTG XX-9913 G,R,:INTRV!4 PANL FIN XX-9913 G,ROBERTS:PUB:ETH%CS XX-6165 G,YATES:INTRV~ PANL HR XX-6165 G,YATES:INTRV~ PANL PL XX-6165 G,YATES:LOBBYING NTG XX-1405 D,U,: FUEL/UNOCAL XX-1405 D,U,:SUB CA PLNG&DVLPM XX-1405 D,U,: PLNG COHM MEETIN XX-0515 G,T,: PLNG CONM MEETIN XX-0432 A.ELMO:ELDG CODE BOUXS XX-0432 A,ELMO:MIMI'S CAFE ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 165-199-999-5230 Z0.75 001-162-999-5230 16.05 320-199-999-5230 lZ.ZO 001-140-999-5230 12.20 001-1990 24.35 001-100-999-5258 742.07 001-100-999-5258 150.28 001-100o999-5258 963.67 001-1990 31.6~ 001-1270 112.90 001-150-999-5260 61.98 001-140-999-5228 99.00 001-150-999-5260 44.00 001-161-999-5260 54.22 001-1990 179.00 001-1170 28.00 001-1990 199.00 001-161-999-5272 29.97 001-161-999-5272 32.97 001-162-999-5228 57.80 001-1170 99.55 140.54 2,910.40 62767 06/08/00 001989 FOX NETWORK SYSTEMS INC MISC COMPUTER SUPPLIES 320-199-999-5221 316.30 316.30 62768 06/08/00 002982 FRANCHISE TAX BOARD - W 002982 ST DED 001-2140 202.80 202.80 62769 06/08/00 000184 G T E CALIFORNIA - PAYM 62769 06/08/00 000184 G T E CALIFORNIA - PAYM 62769 06/08/00 000184 G T E CALIFORNIA - PAYM 62769 06/08/00 000184 G T E CALIFORNIA - PAYM 62769 06/08/00 000184 G T E CALIFORNIA - PAYM MAY XXX-1289 SAM PRATT 320-199-999-5208 56.51 NAY XXX-2629 HIKE NAGGAR 320-199-999-5208 78.87 NAY XXX-2676 GENERAL USAGE 320-199-999-5208 57.88 MAY XXX-3539 GENERAL USAGE 320-199-999-5208 38.75 MAY XXX-5509 GENERAL USAGE 320-199-999-5208 679.91 911.92 62770 06/08/00 001355 G T E CALIFORNIA INC JUN ACCESS-CRC OPEN PHONE LINE 320-199-999-5208 320.00 62770 06/08/00 001355 G T E CALIFORNIA INC JUN ACCESS-RVSD CO OPN PH LINE 320-199-999-5208 320.00 640.00 62771 06/08/00 002528 GLASS BLASTERS 62771 06/08/00 002528 GLASS BLASTERS CITY MUGS FOR NEW HIRES 001-150-999-5265 49.57 CITY HUGS FOR NEW HIRES 001-150-999-5265 17.24 66.81 62772 06/08/00 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 150.53 62772 06/08/00 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 337.77 627'/2 06/08/00 000192 GLOBAL COMPUTER SUPPLIE MISC COMPUTER SUPPLIES 320-199-999-5221 642.64 1,130.94 62773 06/08/00 003640 GRAYHER ENGINEERXNG NAY:PROF SRVCS:MERCANTILE BLDG 210-190-167-5802 5,420.00 5~420.00 62774 06/08/00 GUERRIERO, RON 62774 06/08/00 GUERRIERO, RON REIMB:PLANNERS INST CF:3/01-03 001-161-999-5272 140.03 PLANNERS INST CF:3/01-03 001-1170 33.79- 106.24 62775 06/08/00 HANDLERY HOTEL CRIME FREE CF:CANEZ:8/14-16/O0 001-170-999-5261 185.64 185.64 627/6 06/08/00 002372 HARMON, JUDY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 426.80 VOUCHRE2 CITY OF TEMECULA PAGE 5 06108100 lh01 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER ITEN AMOUNT CHECK AMOUNT 62776 06/08/00 002372 HARMON, JUDY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 373.40 62777 06/08/00 002107 HIGHHARK INC 002107 VL ADVAN 001-2510 179.20 62777 06/08/00 002107 HIGHHARK INC 002107 VOL LIFE 001-2510 160.50 62777 06/08/00 00Z107 HIGHHARK INC 002107 VOL LIFE 190-2510 11,36 62777 06/08/00 002107 HIGHMARK INC 002107 VOL LIFE 193-2510 2.21 62777 06/08/00 002107 HIGHI(ARK INC 002107 VOL LIFE 194-2510 .74 62777 06/08/00 002107 HIGHMARK INC 002107 VOL LIFE 340-2510 4.39 62777 06/08/00 002107 HIGHHARK INC 002107 VL REVER 001-2510 179.20- 62777 06/08/00 002107 HIGHHARK INC 002107 VOL LIFE 001-2510 160.50 62777 06/08/00 002107 HIGHMARK INC 002107 VOL LIFE 190-2510 11.37 62777 06/08/00 002107 HIGHHARK INC 002107 VOL LIFE 193-2510 2.22 62777 06/08/00 002107 HIGHMARK INC 002107 VOL LIFE 194-2510 .74 62777 06/08/00 002107 HIGHMARK INC 002107 VOL LIFE 340-2510 4.37 800.20 358.40 62778 06/08/00 000194 62778 06/08/00 000194 62778 06/08/00 000194 62778 06/08/00 000194 62778 06/08/00 000194 62778 06/08/00 000194 C M A RETIREMENT TRUS 000194 DEF COHP 001-2080 2,325.40 C M A RETIREMENT TRUS 000194 DEF COHP 190-2080 438.05 C M A RETIREMENT TRUS 000194 DEF COHP 193-2080 29.99 C M A RETIREMENT TRUS 000194 DEF CONP 194-2080 21.37 C M A RETIREMENT TRUS 000194 DEF COMP 280-2080 18.76 C M A RETIREMENT TRUS 000194 DEF COMP 300-2080 25.00 2,858.57 62779 06/08/00 002787 IDENTICATOR CORPORATION 62779 06/08/00 002787 IDENTICATOR CORPORATION 62779 06/08/00 002787 IDENTICATOR CORPORATION DIGIT 10 FINGERPRINTING SYSTEM FREIGHT SALES TAX 001-170-502-5242 001-170-502-5242 001-170-502-5242 590.00 6.71 45.73 642.44 62780 06/08/00 001186 IRWIN, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 416.00 416.00 62781 06/08/00 003711 KHALSA, ATMA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 672.00 672.00 62782 06/08/00 004104 KINETICS SERVICE COMPAN CITY HALL REPAIR OF HVAC UNITS 340-199-701-5215 198.00 198.00 62783 06/08/00 004068 MANALILI, A1LEEN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 62783 06/08/00 004068 HANALILI, AILEEN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 266.00 476.00 742,00 62784 06/08/00 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 5/21 NCCLANAHAN 001-161-999-5118 452.79 452.79 62785 06/08/00 002011 MARTIN, KATHARINA E. TCSD INSTRUCTOR EARNINGS 190-183-999-5330 190.40 190.40 62786 06/08/00 004107 MASSA'LAVITT, SANDRA 62787 06/08/00 002693 MATROS, ANDREA CONSULTING SVCS:5/16-31:PLAN 001-161-999-5248 TCSD INSTRUCTOR EARNINGS 190'183'999'5330 2,340.00 345.60 2,340.00 345.60 62788 06/08/00 003076 MET LIFE INSURANCE COMP 003076 DENTALML 001-2340 3,015.27 62788 06/08/00 003076 MET LIFE INSUPJtNCE COMP 003076 DENTALML 165-2340 112.13 62788 06/08/00 003076 MET LIFE INSURANCE COMP 003076 DENTALML 190-2340 485.40 62788 06/08/00 003076 NET LIFE INSURANCE CONP 003076 DENTALML 193-2340 14.50 62788 06/08/00 003076 MET LIFE INSURANCE COHP 003076 DENTALNL 194-2340 6.48 62788 06/08/00 003076 MET LIFE INSURANCE CC~4P 003076 DENTALML 280-2340 67.27 62788 06/08/00 003076 MET LIFE INSURANCE COMP 003076 DENTALML 300-2340 22.42 62788 06/08/00 003076 MET LIFE INSURANCE COMP 003076 DENTALNL 340-2340 71.76 VOUCHRE2 CITY OF TEMECULA PAGE 6 06/08/00 lh01 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK NUHBER DATE 62788 06/08/00 62789 06/08/00 62789 06/08/00 62789 06/08/00 62790 06/08/00 62790 06/08/00 62791 06/08/00 62792 06/08/00 62793 06/08/00 62794 06/08/00 62795 06/08/00 62796 06/08/00 62796 06/08/00 62797 06/08/00 62798 06/08/00 62799 06/08/00 VENDOR NUMBER 003076 001384 001384 00138/+ 004043 004043 001868 004128 001986 002139 002105 002105 002668 0007'33 VENDOR ITEM ACCOUNT NAHE DESCRIPTION NUMBER MET LIFE INSURANCE COMP COBRA DENTAL/ROGERS JUN O0 001-1180 MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS SUPPLIES TCSD PUBL NTC MAILING 194-180-999-5256 SUPPLIES TCSD PUBL NTC MAILING 193-180-999-5256 SUPPLIES TCSD PUBL NTC MAILING 192-180-999-5256 MISSION ELECTRIC SUPPLY CITY HALL ELECTRICAL SUPPLIES 340-199-701-5212 MISSION ELECTRIC SUPPLY SALES TAX 340-199-701-5212 MIYAMOTO-JURKOSKY, SUSA TCSD INSTRUCTOR EARNINGS 190-183-999'5330 NORAMARCO, TONY DAY CAMP LOGO T-SHIRT DESIGN 190-183-999-5340 MUSICAL AUDIO ENVIRONM JUN MUSIC BROADCAST-OLD TO~N 001-164-603-5250 NATrL INSTITUTE BUSINES SUB:PROFESSIONAL SECRETARY:ZYR 001-161-999-5228 NORTH COUNTY TIMES - AT DISPLAY AD-WESTERN DAYS-O.T. 280-199-999-5362 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & NAINT 001-161-999-5214 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & NAINT 001-165-999-5214 OMEGA LAKE SERVICES JUN MAINT SVCS - DUCK POND 190~180-999-5212 PARTY PZAZZ RENTAL~COUNCIL CIP WRKSHP 6/01 001-110-999-5260 PAUBA VALLEY ELEMENTARY REFUND: SECURITY DEPOSIT 190-2900 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 628O0 O6/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PENS 62800 06/08/00 000245 PENS 62800 06/08/00 000245 PENS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PENS 62800 06/08/00 000245 PENS 62800 06/08/00 000245 PERS 62800 06/08/00 000245 PERS ITEM AMOUNT 32.41 441.63 220.81 220.81 183.60 14.24 224.00 200.00 59.50 89.00 119.40 107.71 19.19 800.00 70.00 100.00 HEALTH ]NSUR. PRE 000245 AETNA 001-2090 576.45 HEALTH INSUR. PRE 000245 AETNA 165-2090 185.99 HEALTH INSUR. PRE 000245 AETNA 190-2090 419.06 HEALTH [NSUR. PRE 000245 AETNA 280-2090 61.99 HEALTH INSUR. PRE 000245 BLSHIELD 001-2090 1,262.47 HEALTH INSUR. PRE 000245 BLSHIELD 190-2090 374.20 HEALTH INSUR. PRE 000245 CIGNA 001-2090 620.87 HEALTH INSUR. PRE 000245 HELTHNET 001-2090 5,395.53 HEALTH INSUR. PRE 000245 HELTHNET 190-2090 1,386.94 HEALTH INSUR. PRE 000245 HELTHNET 193-2090 80.79 HEALTH INSUR. PRE 000245 HELTHNET 194-2090 36.13 HEALTH INSUR. PRE 000245 HELTHNET 280-2090 .70 HEALTH INSUR. PRE 000245 HELTHNET 340-2090 662.50 HEALTH INSUR. PRE 000245 KAISER 001-2090 2,050.46 HEALTH INSUR. PRE 000245 MAXlCARE 001-2090 166.00 HEALTH INSUR. PRE 000245 PACCARE 001-2090 3,859.20 HEALTH INSUR. PRE 000245 PACCARE 190-2090 742.14 HEALTH INSUR, PRE 000245 PACCARE 340-2090 118.59 HEALTH INSUR. PRE 000245 PC 001-2090 608.00 HEALTH INSUR. PRE 000245 PERS CHO 001-2090 3,549.72 HEALTH INSUN. PRE 000245 PERS CHO 300-2090 103.12 HEALTH IHSUR. PRE 000245 PERS DED 001-2090 2,130.56 HEALTH INSUR. PRE 000245 PERS-ADN 001-2090 119.86 CHECK AMOUNT 3,827.64 883.25 197.84 224.00 200.00 59.50 89.00 119.40 126,90 800.00 70.00 100.00 VOUCHRE2 CXTY OF TEMECULA PAGE 7 06/08/00 11:01 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06/08/00 000245 62800 06~08~00 000245 62800 06/08/00 000245 62800 06108/00 000245 62800 06/08/00 000245 62800 06~08~00 000245 62800 06/08/00 000245 VENDOR NAME PERS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR, PRE PERS HEALTH INSUR, PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR, PRE PERS HEALTH INSUR, PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR, PRE PERS HEALTH INSUR. PRE PERS HEALTH INSUR. PRE PERS HEALTH %NSUR, PRE PERS HEALTH INSUR, PRE PERS HEALTH %NSUR. PRE ITEM DESCRIPTION 000245 UNI 000245 AETNA 000245 AETNA 000245 AETNA 000245 AETNA 000245 BLSH[ELD 000245 BLSR[ELD 000245 CIGNA 000245 GELTHNET 000245 HELTHNET 000245 HELTHNET 000245 rAISER 000245 PACCARE 000245 PACCARE 000245 PACCARE 000245 PERS CHO 000245 PERS REV 000245 UMI 62801 06/08/00 001958 PERS LONG TERM CARE PRO 001958 PERS L-T ACCOUNT NUMBER 001-2090 001-2090 165-2090 190-2090 280-2090 001-2090 190-2090 001-2090 001-2090 190-2090 340-2090 001-2090 001-2090 190-2090 340-2090 001-2090 001-2090 001-2090 001-2122 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5261 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5261 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5220 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5262 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5215 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5261 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-1990 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSENENT 001-1990 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-111-999-5220 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5220 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5242 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5229 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5229 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5214 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5242 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5215 62802 06/08/00 000249 PETTY CASH PETTY CASH REINBURSENENT 190-1990 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-1990 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 210-190-170-5802 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 210-190-170-5802 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 62802 06/08/00 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5261 62802 06/08/00 000249 PETTY CASH CASH OVERAGE 001-199-4070 ITEM AMOUNT 1,654.03 66.64 162.36 45.40 54.12 66.39 105.67 220.54 325.65 106.18 42.20 260.48 203.73 17.52 281.65 2,133.22- 90.05 154.60 7.22 18.95 17.23 8.00 37.70 9.63 25.54 40.00 50.00 59.88 19,40 18.85 7.74 12.15 13.65 19.62 49.55 10.72 49.55 67.56 7.85 4.27 46.69 12.00 7.11 10.65 47.65 10.00 .02- CHECK AMOUNT 26,145.10 154.60 689.14 VOUCHRE2 CITY OF TENECULA PAGE 8 06108100 11:01 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 62804 06/08/00 000253 POSTMASTER 62804 06/08/00 000253 POSTMASTER 62804 06/08/00 000253 POSTflASTER 62805 06/08/00 000254 PRESS ENTERPRISE CONPAN 62806 06/08/00 003493 PRO-CRAFT OVERHEAD DOOR 62807 06/08/00 004029 R J M DESIGN GROUP iNC 62808 06/08/00 000268 RIVERSIDE CO HABITAT 62809 06/08/00 001592 RIVERSIDE CO INFO TECHN 62810 06/08/00 000958 ROBERT CARAN PROOUCTION 62811 06/08/00 000875 ROBERTS, RONALD H. 62812 06/08/00 001942 S C SIGNS 62812 06/08/00 001942 S C SIGNS 62812 06/08/00 001942 S C SIGNS 62813 06/08/00 003576 S Y S TECHNOLOGY INC 62813 06/08/00 003576 S Y S TECHNOLOGY INC 62814 06/08/00 002743 SAFE & SECURE LOCKSMITH 62814 06/08/00 002743 SAFE & SECURE LOCKSMZTH 62814 06/08/00 002743 SAFE & SECURE LOCKSMITH 62814 06/08/00 002743 SAFE & SECURE LOCKSMITH 62815 06/08/00 0006~5 SMART & FINAL INC 62815 06/08/00 0006/+5 SMART & FINAL iNC 62816 06/08/00 000537 SO CALIF EDISON 62816 06/08/00 000537 SO CALIF EDISON 62816 06/08/00 000537 SO CALIF EDISON 62816 06/08/00 000537 SO CALIF EDISON 62816 06/08/00 000537 SO CALIF EDISON 62816 06/08/00 000537 SO CALIF EDISON 62816 06/08/00 000537 SO CALIF EDISON 62816 06/08/00 000537 SO CALIF EDISON 62816 06/08/00 000537 SO CALIF EDISON 62817 06/08/00 SUNRIDGE CGNNUNITY CBUR 62818 06/08/00 000305 TARGET STORE 62819 06/08/00 001547 TEAMSTERS LOCAL 911 62819 06/08/00 001547 TEAMSTERS LOCAL 911 62819 06/08/00 001547 TEAMSTERS LOCAL 911 62819 06/08/00 001547 TEAMSTERS LOCAL 911 ITEM ACCOUNT DESCRIPTION NUMBER EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAiL & POSTAL SERVS DISPLAY AD-WESTERN DAYS-O.T. RES XNPRV PRGN:J.RIVERA APR DESIGN SVCS:CHAP ADTC FAC MAY 2000 K-RAT PAYMENT 001-2300 JUN ENERG. RADIO RENTAL - P.D. 2ND PNT FOR FiREL~ORKS D[SPLAY REINB:CCCA CONF:5/18-21/00 APR PUBLIC NOTICE SiGNS-PLAN JAN PUBLIC NOTICE SIGNS-PLAN MAR PUBLIC NOTICE SIGNS-PLAN AUTOCAD ~ORKSTATION 320-1970 SALES TAX 320-1970 LOCKSMITH SVCS - WINCH PARK LOCKSMITH SVCS - DUCK POND LOCKSMITH SVCS-PALOMA PARK LOCKSMITH SVCS - FRONT ST REC SUPPLIES FOR TCC REC SUPPLIES FOR TCC MAY:2-10-331-2153:TCC MAY:2-19-538-2262:VARIOUS MTRS JUN:2-20-798-3248:R.C.RD PED MAY:2-19-683-3255:FRONT ST PEO JUN:2-O2-351-528hCRC MAY:2-15-671-5518:PALA RD JUN:2-10-901-7962:YUKON NAY:2-O2-502-8077:MAINT FAC MAY:2-ZO-966-8714:SANTIAGO RD REFUND:SECURITY DEPOSIT 190-2900 35MM CAMERA & EQUIPMENT - 001547 UN DUES 001-2125 001547 UN DUES 190-2125 001547 UN DUES 193-2125 001547 UN DUES 194-2125 001-161-999-5230 001-120-999-5230 001-165-999-52S0 280-199-999-5362 165-199-813-5804 210-190-170-5802 001-170-999-5238 190-183-999-5370 001-100-999-5258 001-161-999-5256 001-161-999-5256 001-161-999-5256 190-180-999-5212 190-180-999-5212 190-180-999-5212 001-164-603-5218 190-184-~99-5301 190-184-999-5301 190-184-999-5240 190-180-999-5240 191-180-999-5240 001-164-603-5319 190-182-999-5240 191-180-999-5319 191-180-999-5319 340-1990 191-180-999-5319 001-165-999-5242 ITEM AMOUNT 77.85 45.25 15.75 180.00 1,090.00 2,588.75 5,360.00 205.64 9,000.00 33.67 390.00 715.00 390.00 1,976.00 153.14 56.53 36.53 101.05 57.29 41.55 179.09 770.62 90.70 14.44 348.39 4,422.41 129.45 143.72 819.76 22,14 100.00 218.99 369.00 67.64 6.14 2.05 CHECK AHOUNT 138.85 180.00 1,090.00 2,588.75 5,360.00 205.64 9,000.00 33.67 1,495.00 2,129.14 251.40 220,64 6,761.63 100.00 218.99 VOUCHRE2 CITY OF TEMECULA PAGE 9 06/08/00 11:01 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 62819 06/08/00 001547 TEAMSTERS LOCAL 911 001547 UN DUES 320-2125 20.50 62819 06/08/00 001547 TEAMSTERS LOCAL 911 001547 UN DUES 330-2125 20.50 62819 06/08/00 001547 TEAMSTERS LOCAL 911 001547 UH DUES 340-2125 6.17 492.00 62820 06/08/00 TELESIO, JOHN 62820 06/08/00 TELESIO, JOHN REINB:PLANNERS INST CF:3/01-03 001-161-999-5272 PLANNERS INST CF:3/01-03 001-1170 50.94 11.43- 39.51 62821 06/08/00 000642 TENEOULA CITY FLEXIBLE 62821 06/08/00 000642 TENECULA CITY FLEXIBLE 62821 06/08/00 000642 TEMECULA CITY FLEXIBLE 62821 06/08/00 000642 TEMECULA CiTY FLEXIBLE 62821 06/08/00 000642 TENECULA CITY FLEXIBLE 62821 06/08/00 000642 TEMECULA CITY FLEXIBLE 62821 06/08/00 000642 TEMECULA CITY FLEXIBLE 62821 06/08/00 000642 TEMECULA CITY FLEXIBLE EMPLOYEE CONTRIBUTION TO FLEX 001-1020 EMPLOYEE CONTRIBUTION TO FLEX 165-1020 EMPLOYEE CONTRIBUTION TO FLEX 190-1020 EMPLOYEE CONTRIBUTION TO FLEX 193-1020 EMPLOYEE CONTRIBUTION TO FLEX 280-1020 EMPLOYEE CONTRIBUTION TO FLEX 330-1020 EMPLOYEE CONTRIBUTION TO FLEX 320-1020 EMPLOYEE CONTRIBUTION TO FLEX 340-1020 62822 06/08/00 001672 TENECULA DRAIN SERV & P PLUMBING SVCS-CITY HALL 340-199-701-5212 4,145.74 225.00 1,099.50 114.75 75.00 486.66 365.00 111.25 55.00 6,622.90 55.00 62823 06/08/00 000168 TEMECULA FLOWER CORRAL SUNSHINE FUND 001-2170 48.43 48.43 62824 06/08/00 62824 06/08/00 000957 TENECULA VALLEY FILM CO PROMOTIONAL ITEMS FILM COUNCIL 001-111-999-5270 000957 TENECULA VALLEY FILM CO SALES TAM 001-111-999-5270 62825 06/08/00 000957 TEMECULA VALLEY FILM CO SPONSORSHIP~FILM FEST-9/14-17 001-111-999-5266 62826 06/08/00 003849 TERRYBERRY COMPANY EMP RECOGNITION AMARDS 001-150-999-5265 62826 06/08/00 003849 TERRYBERRY COMPANY ENP RECOGNITION A~AROS 001-150-999~5265 62827 06/08/00 003862 THYSSEN DOVER ELEVATOR JUN ELEVATOR NAINT/SVC-C]TY HL 340-199-701-5212 62828 06/08/00 001483 TOM DOUSON & ASSOCIATES APR CONSULTING SVCS:IST ST BRD 280-199-807-5804 96.00 7.44 10,000.00 305.47 143.81 214.00 559.60 62829 06/08/00 003560 TRANSAMERICA 003560 AD&O 001-2360 134.64 62829 06/08/00 003560 TRANSAMERICA 003560 AO&O 165-2360 1.88 62829 06/08/00 003560 TRANSAMERICA 003560 AD&O 190-2360 28.95 62829 06/08/00 003560 TRANSAMERICA 003560 AD&D 193-2360 1,95 62829 06/08/00 003560 TRANSAMERICA 003560 AD&D 194-2360 .45 62829 06/08/00 003560 TRANSAMERICA 003560 AD&O 280-2360 1.12 62829 06/08/00 003560 TRANSAMERICA 003560 AO&O 300-2360 .74 62829 06/08/00 003560 TRANSAMERICA 003560 AD&O 320-2360 3.00 62829 06/08/00 003560 TRAMSAMERICA 003560 AO&O 330-2360 1.50 62829 06/08/00 003560 TRANSAHERICA 003560 AD&D 340-2360 4.27 628~0 06/08/00 004158 TRAVEL MARKETING SOURCE 500 DATABASE LISTINGS 001-111-999-5228 62830 06/08/00 004158 TRAVEL HARKETING SOURCE TRAVEL TOPICS INDEX 001-111-999-5228 62830 06/08/00 004158 TRAVEL NARXETING SOURCE TRAVEL PUHLICATION UPDATE 001-111-999-5228 RE-STRIPE/CAULK HOCKEY RINK 190-180-999-5250 62831 06/08/00 004124 TRUELINE 70.00 7.00 32.00 1,050.00 103.44 10,000.00 449.28 214.00 559.60 178.50 109.00 1,050.00 62832 06/08/00 000459 TUMBLE JUNGLE FITNESS G TCSD INSTRUCTOR EARNINGS 190-183-999-5330 120.00 62832 06/08/00 000459 TUMBLE JUNGLE FITNESS G TCSD INSTRUCTOR EARNINGS 190-183-999-5330 331.20 VOUCHRE2 CITY OF TEMECULA PAGE 10 06/08/00 11:01 VOUCHER/CHECK REGCSTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 62832 06/08/00 000459 TUMBLE JUNGLE FITNESS G 62832 06/08/00 000459 TUNBLE JUNGLE FITNESS G 62832 06/08/00 000459 TUMBLE JUNGLE FITNESS G 62832 06/08100 000459 TUMBLE JUNGLE FITNESS G 62832 06/08100 000459 TUMBLE JUNGLE FITNESS G 62832 06/08/00 000459 TUMBLE JUNGLE FITNESS G 62832 06108100 000459 TUMBLE JUNGLE FITNESS G 62832 06108100 000459 TUMBLE JUNGLE FITNESS G 62832 06108100 000459 TUMBLE JUNGLE FITNESS G 62832 06/08/00 000459 TUMBLE JUNGLE FITNESS G 62832 06/08/00 000~59 TUMBLE JUNGLE FITNESS G 62832 06/08100 000/,59 TUMBLE JUNGLE FITNESS G 62832 06/08100 000459 TUMBLE JUNGLE FITNESS G TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-103-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999-5330 190-183-999o5330 190-183-999-5330 190-183-999-5330 220.80 184.00 331.20 331.20 184.00 220.80 257.60 294.40 220.80 200.00 80,00 320.00 160.00 3,456.00 62833 06/08/00 001065 U S C M WEST (DEF CUMP) 001065 DEF CONP 62833 06/08/00 001065 U S C M gEST (DEF CUMP) 001065 OEF COHP 62833 06/08/00 001065 U S C M WEST (DEF C~P) 001065 DEF COHP 62833 06/08/00 001065 U S C M WEST (DEF CUMP) 001065 OEF COHP 62833 06/08/00 001065 U S C M WEST (DEF COMP) 001065 OEF COHP 62833 06/08/00 001065 U S C M WEST (DEF COMP) 001065 DEF CO~P 62833 06/08/00 001065 U S C N WEST (DEF COHP) 001065 DEF CO~4P 62833 06/08/00 001065 U S C N WEST (DEF CUMP) 001065 DEF CO~4P 62834 06/08/00 000389 U S C M WEST COBRA) 000389 PT RETIR 62834 06/08/00 000389 U S C M WEST COBRA) 000389 PT RETZR 62834 06/08/00 000389 U S C M tIEST (OB~) 000389 PT RETIR 62834 06/08/00 000389 U S C M ~EST COBRA) 000389 PT RETIR 62834 06/08/00 000389 U S C M WEST COBRA) 000589 PT RETIR 62834 06/08/00 000389 U S C N WEST (OS~) 000389 PT RETIR 62834 06/08/00 000389 U S C N WEST COBRA) 000389 PT RETIR 62834 06/08/00 000389 U S C M WEST (OBP.~) 000389 PT RETIR 62835 06/08/00 002702 U S POSTAL SERVICE:CHRS 62835 06/08/00 002702 U S POSTAL SERVICE:CNRS 62835 06/08/00 002702 U S POSTAL SERVICE:CNRS 62835 06/08/00 002702 U S POSTAL SERVICE:CNRS 62835 06/08/00 002702 U S POSTAL SERVICE:CNRS 62835 06/08/00 002702 U S POSTAL SERVICE:CNRS 62835 06/08/00 002702 U S POSTAL SERVICE:CMRS 62835 06/08/00 002702 U S POSTAL SERVICE:CMRS 62835 06/08/00 002702 U S POSTAL SERVICE:CMRS 62835 06/08/00 002702 U S POSTAL SERVICE:CMRS 62835 06/08/00 002702 U S POSTAL SERVICE:CRRS 62835 06/08/00 002702 U S POSTAL SERVICE:CNRS 62835 06/08/00 002702 U S POSTAL SERVICE:CMRS 62835 06/08/00 002702 U S POSTAL SERVICE:CNRS 62836 06/08/00 000321 UBNOSKE, DEBBZE 6Z836 06/08/00 000321 UBNOSKE, DEBBIE 001-2080 165-2080 190-2080 193-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 320-2160 330-2160 340-2160 POSTAGE NETER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE HETER DEPOSIT POSTAGE HETER DEPOSIT POSTAGE METER DEPOSIT POSTAGE NETER DEPOSIT POSTAGE METER DEPOSIT POSTAGE NETER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT 001-100-999-5230 001-110-999-5230 001-120-999-5230 001-162-999-5230 190-1990 001-170-999-5230 280-1990 001-140-999-5230 001-1990 001-161-999-5230 001-164-604-5230 320-199-999-5230 001-171-999-5230 001-111-999-5230 REINB:PLANNERS INST CF:3/01-03 001-161-999-5258 PLANERS iNST CF:3/01-03 001-1170 8,253.89 91.17 1,396.21 46.66 91.15 83.33 433.33 167.02 882.34 24.84 961.92 23.38 47.02 102.16 27.94 57.52 5,17 125.02 18~,65 241.48 768.73 28.05 125,85 696.09 408.67 1,240.67 449.17 9.48 59.31 251.41 22.67 11.80- 10,562.76 2,127,12 4,593.75 10.87 62837 06/08/00 000325 UNITED WAY 000325 UW 001-2120 287.96 VOUCHRE2 CITY OF TEMECULA PAGE 11 06/08/00 11;01 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE NUMBER NAHE ITEM ACCOUNT ITEM CHECK DESCRIPTION NUNBER AMOUNT AMOUNT 62837 06/08/00 000325 UNITED WAY 000325 UW 165-2120 11.00 62837 06/08/00 000325 UNITED WAY 000325 UW 190-2120 31.60 62837 06/08/00 000325 UNITED WAY 000325 UW 193-2120 1.60 62837 06/08/00 000325 UNITED WAY 000325 UW 194-2120 .21 62837 06/08/00 000325 UNITED WAY 000325 W 280-2120 3.80 62837 06/08/00 000325 UNITED WAY 000325 U~ 300-2120 1.24 62837 06/08/00 000325 UNITED WAY 000325 L~ 320~2120 4.00 62837 06/08/00 000325 UNITED WAY 000325 UW 330-2120 2.50 62837 06/08/00 000325 UNITED WAY 000325 UW 340-2120 .59 62838 62838 62839 62839 628~0 62841 62842 62843 62843 62843 628~3 628~3 62843 628~3 62844 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08100 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08/00 06/08100 06/08/00 001342 WAXZE SANITARY SUPPLY l 001342 WAX[E SANITARY SUPPLY I 002778 WEBSTER, ANDY 002778 WEBSTER, ANDY 003730 WEST COAST ARBORISTS IN 000339 WEST PUBLISHING CONPANY 003850 WET PAINT GRAPHIC DESXG 002109 WHITE CAP INDUSTRIES IN 002109 WHITE CAP INDUSTRIES IN 002109 WHITE CAP INDUSTRIES ]N 002109 WHITE CAP INDUSTR]ES ]N 002109 WHITE CAP INDUSTRIES IN 002109 WHITE CAP INDUSTRIES IN 002109 WHITE CAP INDUSTRIES IN WINDC)WS 2000 MAGAZINE 000345 XEROX CORPORATION BILL[ 62845 CITY HALL MAINTENANCE SUPPLIES 340-199-701'5212 CITY HALL MAINTENANCE SUPPLIES 340'199'701'5212 REIMB:PLANNERS INST CF:3/01-03 001-161-999'5272 PLANNERS INST CF:3/01-03 001-1170 TREE TR[NMING-VAR CITY SLOPES 193-180-999-5415 CITY HALL LEGAL PUBLICATIONS 001-120-999-5228 ARTWORK-SUMMER NIGHTS BANNER 280-199-999-5271 SAFETY CONSTR HARD HATS - PW SAFETY CONSTR HARD HATS - PW SAFETY CONSTR HARD HATS" PW SALES TAX SALES TAX SALES TAX 001-163-999-5218 001-165-999-5242 001-164-604-5242 001-163-999-5218 001-165-999-5242 001-164-604-5242 NISC SUPPLIES FOR PW NAINT CRW 001-164-601-5218 SQL SERVER MAG:#991885:HAFELI 320-199-999-5228 MAY LEASE OF 5021 COPIER ~ TCC 190-184-999-5239 231.57 122.18 289.91 37.26- 168.00 45.79 195.00 106.75 106.75 106.74 8.27 8.27 8.28 27.24 49.95 67.D8 344.50 353.75 252.65 168.00 45.79 195.00 372.30 49.95 67.08 TOTAL CHECKS 211,157.90 VOUCHRE2 06/15/00 17:53 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 2 FUND TITLE 001 GENERAL FUND 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 320 INFORMATION SYSTEMS AMOUNT 106,609.93 18,744.04 1,440.00 2~475.00 187,743.43 5,079.50 21o729.52 TOTAL 343,821,42 VOUCRRE2 CITY OF TEMECULA PAGE 1 06/15/00 17:53 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 62959 06/27/00 004054 ADKISON ENGINEERS 62960 06/27/00 003987 C D E RESOURCES INC 62960 06/27/00 003987 C D E RESOURCES INC 62960 06/27/00 003987 C D E RESOURCES INC 62961 06/27/00 002712 ECONOMIC & POLITICAL AN 62962 06/27/00 000711 GRAPHICS UNLIMITED LITH 62962 06/27/00 000711 GRAPHICS UNLIMITED LITH 62962 06/27/00 000711 GRAPHICS UNLIMITEO LITH 62963 06/27/00 001719 L P A INC 62963 06/27/00 001719 L P A INC 62964 06/27/00 004138 MARATHON GERNERAL INC 62965 06/27/00 004170 MATRIX IMAGING LLC 62965 06/27/00 004170 MATRIX IMAGING LLC 62965 06/27/00 004170 MATRIX IMAGING LLC 62965 06/27/00 004170 MATRIX IMAGING LLC 62965 06/27/00 004170 MATRIX IMAGING LLC 62965 06/27/00 004170 MATRIX IMAGING LLC 62965 06/27/00 004170 MATRIX IMAGING LLC 62966 06/27/00 004152 OMALLEY ENGINEERING COR 62967 06/27/00 002256 P & D CONSULTANTS INC 62968 06/27/00 002800 PACIFIC STRIPING ING 62968 06/27/00 002800 PACIFIC STRIPING INC 62969 06/27/00 003218 PELA 62969 06/27/00 003218 PELA 62969 06/27/00 003218 PELA 62969 06/27/00 003218 PELA 62970 06/27/00 000406 RIVERSIDE CO SHERIFFS D 62971 06/27/00 000357 RIVERSIDE CO TRANSPORTA 62972 06/27/00 000271 ROBERT BEIN ~14 FROST & 62972 06/27/00 000271 ROBERT BEIN ffi FROST & 62973 06/27/00 003828 TANGRAM INTERIORS 62973 06/27/00 003828 TANGRAM INTERIORS 62974 06/27/00 000332 VANDORPE CHOU ASSOCIATE ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT MAY PROF SVCS:IST ST BRG:95-08 280-199-807-5804 APR PRGS PMT~r~:PUJOL ST:98-17 APR C/O PMTt~r~:PUJOL ST:98-17 RET.W/H PMT#3:PUJOL ST:98-17 210-165-826-5804 210-165-826-5804 210-2035 PROF SRVCS:DEMO/ECON REPORT 001-111-999-5248 TCSD REC BK-SUMMER/FALL 2000 TCSD REC BK-SUMMER/FALL 2000 PRINTING OF CITY NEWSLETTER 190-180-999-5222 190-180-999-5222 001-110-999-5222 APR DESIGN SVCS:TEM LIBRARY REIMBURSABLES:TEM LIBRARY 210-199-129-5802 210-199-129-5802 A.C,PAVING S GENERAL KEARNY RD 210-165-655-5804 KODAK DIGITAL SCIENCE SCANNER 320-1970 KOFAX ADRENALINE 850S PCI SCSI 320-1970 SCS]2 CABLE 6# 320-1970 THREE YEAR ON-SITE WARRANTY 320-1970 SETUP AND INSTALLATZON 320-1970 FREIGHT 320-1970 SALES TAX 320-1970 SURVEYING SVCS-MURR CRK BRIDGE 210-165-707-5802 MAY INSPECTORS:AUSTIN/HENDERSN 001-162-999-5118 CITYWIDE STREET STRIPING SVCS 001-164-601-5410 CITYWIDE STREET STRIPING SVCS 001-164-602-5410 MAY LDSCP PLAN CHECK SVCS MAY LDSCP PLAN CHECK SVCS MAY LDSCP PLAN CHECK SVCS NAY PLANNING PLAN CHECK SVCS 190-180-999-5248 191-180-999-5248 193-180-999-5248 001-161-999-5250 APR 2000 BOOKING FEES 001-170-999-5273 4TH QTR SERVICE LEVEL FY 99/00 001-164-602-5405 APR PROF SVCS:I15/SR79/SANTIAG 210-165-662-5802 APR PROF SVCS:I15/SR79/SANTIAG 210-165-705-5802 OFFICE FURNITURE FOR B&S SALES TAX 001-162-999-5601 001-162-999-5601 APR PLAN CHECK SERVICES - B&S 001-162-999-5248 5,079.50 109,768.46 12,792.77 12,256.12- 15,000.00 16,747.54 646.50 5,840.05 35,435.60 1,441.32 22,286.00 14,470.00 1,076.00 22.00 4,535.00 390.00 30.00 1,206.52 7,455.00 12,348.00 13,845.55 988.97 1,350.00 1,440.00 2,475.00 9,220.00 12,144.00 23,979.00 7,881.62 2,938.78 5,764.03 446.71 7,033.62 5,079.50 110,305.11 15,000.00 23,234.09 36,876.92 22,286.00 21,729.52 7,455.00 12,348.00 14,834.52 14,485.00 12,144.00 23,979.00 10,820.40 6,210.74 7,033.62 TOTAL CHECKS 343,821.42 BT'M 4 APPROVAL CITY ATTORNE~~ DIR OFFINANCE CI:T:';'MANAGER CITY OF TEMECULA AGENDA REPORT FROM: DATE: SUBJECT: City Council Shawn Nelson, City Manager June 27, 2000 City Attorney Services Contract Amendment #2 RECOMMENDATION: That the City Council approve Amendment #2 to the Agreement with Richards, Watson and Gershon, Attorneys at Law, to increase the hourly rates for City Attorney services provided. DISCUSSION: On June 24, 1997 the City Council approved an Amendment 1 to the Agreement for City Attorney Services with Richards, Watson and Gershon Attorneys at Law (RWG). At that time, rates were negotiated for both basic retainer services (50 hours at ~105 per hour) as well as for additional services provided by members of the firm other than the City Attorney/Assistant City Attorney (rates dependent on the legal specialty). The maximum hourly rate for other attorneys is currently $195 per hour. All hours provided by the City Attorney/Assistant City Attorney in addition to the retainer were set at ~;130 and $125 per hour, respectively. In accordance with Sections 4A and 4B of the Agreement, the negotiated rates can be adjusted as of July 1 ,t of each year. Likewise, RWG has submitted a proposal to amend the Agreement to reflect the following changes: Increase the basic retainer from the current $105 per hour to $125 per hour for the first 50 hours of City Attorney/Assistant City Attorney legal services provided, Increase the City Attorney's hourly rate from $130 to $140 per hour for services above the basic retainer services. Increase the Assistant City Attorney's hourly rate from $125 to ~135 per hour for services above the basic retainer. Increase Peter Thorson's hourly rate for redevelopment legal services from $140 to $150 per hour (Note: Generally, attorneys who specialize in redevelopment issues have received a minimum of $190 per hour). Increase the hourly rates for attorneys other than the City Attorney/Assistant City Attorney, paralegals, and first, second, and third year attorneys by $5 per hour. This will set the maximum hourly rate at $200 per hour. Based not only on the outstanding services provided by the City Attorney and Assistar)t City Attorney, but also the exceptional quality of services provided by all attorneys from RWG who have represented the City in a variety of complicated matters, Staff recommends that all proposed conditions be accepted. The hourly rates for all attorneys are attached for the Council's information. FISCAL IMPACT: Funds are available in the Fiscal Year 2000-01 Annual Operating Budget to accommodate the proposed hourly rate increases. The increased legal cost due to the proposed increased rates is approximately $35,000. Attachments: 1. Second Amendment to Agreement to City Attorney Services 2. Richard, Watson & Gershon Hourly Rates for the City of Temecula 7© AGI~I~BBI~B7 7© SECOND AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES THIS SECOND AMENDMENT to Agreement for City Attorney Services is made and entered into by and between the City ofTemecula, a general law city (hereafter "City"), and Richards, Watson & Gershon, Attorneys at Law, a professional corporation (hereaFter "RWG"), and shall be dated as of June 27, 2000. In consideration of the mutual covenants and agreements set forth herein, the parties agree as follows: 1. On April 24, 1996 the parties entered into that certain agreement entitled "Agreement for City Attorney Service." This Agreement was amended by the certain "First Amendment to Agreement for City Attorney Services" on June 24, 1997. The April 24, 1996 Agreement as amended on June 24, 1997 shall be known as the "Agreement". The parties now desire to amend the Agreement to provide for an adjustment in the fees for city attorney services. Sections 4,A. and 4.B, 1. of the Agreement is hereby amended to read as follows: "SECTION 4. COMPENSATION. RWG shall be compensated by City for the performance of such services as follows: "A. Basic Retainer. RWG shall be compensated for the performance of basic retainer services pursuant to this Agreement in the amount of six thousand two hundred fifty dollars ($6250.00) per calendar month commencing as of Juty 1, 2000. "Basic Retainer" services for the purposes of this Agreement shall be deemed to be the first fiFty (50) hours of City Attorney or Assistant City Attorney legal services rendered each month for the general retainer account (11086.00001). "B. Additional Services. RWG shall be compensated for additional retainer services in accordance with the following: Performing of Services by Designated City Attorney and Assistant City Attorney "For all time spent by the designated City Attorney and Assistant City Attorney in excess of fifty (50) hours per calendar month on the retainer account, RWG shall be compensated on an hourly basis of one hundred forty dollars ($140.00) per hour for the City Attorney' s time and one hundred thirty five dollars ($135.00) per hour for the designated Assistant City Attorney. The hourly rates of the designated City Attorney and Assistant City Attorney, exclusive of the Basic Retainer services may be increased or decreased as of each July 1 st occurring during the term of this Agreement by an amount approved by the City Council as an amendment to this Agreement. 3. The designated Assistant City Attorney shall be William P. Curley, III 4. The amendments to the Agreement described in this Second Amendment to Agreement shall not be effective until July 1, 2000. 5. Except as specifically amended by the provisions of this Agreement, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Agreement to be executed the day and year first above written. CITY OF TEMECULA, a General Law City BY: Attest: Jeffrey E. Stone Mayor Susan W. Jones, CMC City Clerk RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW, a professional corporation By: William L. Strausz Chairman of the Board By: Secretary 55584-2 -2 - RICHARDS, WATSON & GERSHON HOURLY RATES FOR CITY OF TEMECULA EFFECTIVE JULY 1, 2000 Glenn R. Watson (GRW) Harry L. Gershon (HLG) Douglas W. Argue (DWA) Mark L. Lamken (MLL) Erwin E. Adler (EEA) Darold D. Pieper (DDP) Allen E. Rennett (AER) Steven L. Dorsey (SLD) William L. Strausz (WLS) Mitchell E. Abbott (MEA) Timothy L. Neufeld (TLN) William B. Rudell (WBR) Gregory W. Stepanicich (GWS) Rochelle Browne (RB) Michael Jenkins (MJ) William K. Kramer (WKK) John J. Harris (JJH) Peter M. Thorson (PMT) James L. Markman (JLM) Quinn M. Barrow (QMB) Carol W. Lynch (CWL) Gregory M. Kunert (GMK) Thomas M. Jimbo (TMJ) Jim Grayson (JG) Brenda L. Diederichs (BLD) Amy Greyson (AG) 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 200 140 150 200 195 195 195 195 195 195 195 (City Attorney) (Redevelopment Agency Matters) Sayre Weaver (SW) Steven H. Kaufmarm (SHK) Gary E. Gans (GEG) Kevin G. Ennis CKEE) Robin D. Harris (RDH) Michael Estrada (ME) Laurence S. Wiener (LSW) Steven R. Orr (SRO) 185 185 185 185 185 185 185 185 2/25/00 i:\dataX148\ratestem Robert C. Ceccon (RCC) Deborah R. Hakman (DRH) Michael G. Colantuono (MGC) B. Tilden Kim (BTK) Rubin D. Weiner (RDW) Saskia T. Asamura (STA) Kayser O. Sume (KOS) Saul Jaffe (S J) William P. Curley, III. Lynn I. Ibara (LIB) David R. Daniels (DRD) Craig R. Steele (CRS) T. Peter Pierce (TPP) Terence R. Boga (TRB) Lisa Bond (LB) D. Craig Fox (DCF) Roy A. Clarke (RAC) Roxanne Diaz Montgomery (RDM) Maribel S. Medina (MSM) Fourth Year Associates Olivia W. Suan (OWS) Erika M. Fleming (EMF) Third Year Associates Second Year Associates Gabriel Flores (GF) Matthew D. Mitchell (MDM) Paula Gutierrez Baeza (PGB) First Year Associates Alexander Abbe (AA) Julie C. Haffner (JCH) Legal Assistants/Paralegals Kerry Liberty (KL) Mona Krane (MK) 180 175 175 175 175 175 175 175 135 (Assistant City Attorney) 175 175 170 175 170 170 170 165 165 165 160 145 135 125 8O Note: Associate year changes on January 1st of each year corresponding to Bar admission dates. 2/25/00 i:\data\148\ratestem - 3 - Pursuant to Section 4.B.2. of the Agreement For City Attorney Services, dated April 24, 1996, as amended, the foregoing rates for legal services are approved. Shawn D. Nelson City Manager Dated: ,2000 2/25/00 i:\data~148~ratestem - 4 - TO: FROM: DATE: SUBJECT: Prepared by: APPROVAL ~ CITY ATTORNEY ~ ~/ DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council Shawn Nelson, City Manager June 27, 2000 Delegation of Authority in Processing and Settling Claims Against the City of Temecula Gus Papagolos, Senior Management Analyst RECOMMENDATION: That the City Council adopts a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELEGATING TO THE CITY MANAGER AND CITY CLERK CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH CLAIMS FILED AGAINST THE CITY. DISCUSSION: Currently, the City Manager has approving authority for settling claims not to exceed $1,000. All claims against the City regardless of the nature that are over $1,000 require City Council action. Based on discussions with the City Attorney, and settlement limits in other cities, it is believed that the current limit of $1,000 is too low. In order to provide prompt, efficient and economical processing of these claims, the City Council may delegate approval to settle claims over the current limit so that claim settlements may be processed efficiently by the City Manager and City Clerk. The attached resolution authorizes the City Manager to settle, allow, compromise or pay any tort or contract claims filed or eligible to be filed against the City in an amount not to exceed $7,500. The resolution also continues the City Clerk's authority to process claims in accordance with Part 3 of Division 3.6 of the California Government Code (commencing at Section 900). FISCAL IMPACT: None RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELEGATING TO THE CITY MANAGER AND CITY CLERK CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH CLAIMS FILED AGAINST THE CITY. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declares that: The City Council of the City of Temecula hereby finds, determines and A. Part 3 of Division 3.6 of the California Government Code (commencing at Section 900), requires claims for money or damages against cities to be processed in accordance with certain procedural requirements; and B. That Council desires to provide for the prompt, efficient and economical handling of these claims and therefore intends by this resolution to delegate certain responsibilities under the claims statutes to the City Manager and City Clerk. Section 2. The City Clerk of the City of Temecula is hereby authorized and directed, in connection with any ton or contract claim filed against the City of Temecula (the "City") pursuant to Part 3 of Division 3.6 of the California Government Code (commencing at Section 900), to take such necessary and appropriate action with respect to such claims as are authorized or required by said code sections, except for the settlement, allowance, compromise or payment of claims. Section 3. The City Manager of the City of Temecula is hereby authorized to settle, allow, compromise or pay any tort or contract claims filed against the City or eligible to be filed against the City pursuant to Part 3 of Division 3.6 of the California Government Code (commencing at Section 900), in an amount not to exceed seven thousand five hundred dollars ($7,500.00) per claim, provided, however, that money to settle claims generally has been appropriated by the Council and money is available within such appropriation for the settlement, allowance, compromise or payment of the claim by the City Manager. Section 4. Section 5. Resolution 95-92, adopted on November 14, 1995 is hereby repealed. The City Clerk shall certify the adoption of this resolution. 11086\0001\605502.2 6/9/00 - 1 - APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 27th day of June, 2000. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 2000- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on 27th day of June, 2000, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones,CMC City Clerk 11086\0001\605502.2 6/9/00 - 2 - CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEI~/IECULA AGENDA REPORT City Manage~City Council Grant M. Yates, Assistant to the City Manager June 27, 2000 Animal Control Contract Amendment PREPARED BY: Aaron Adams, Management Analyst RECOIVIMENDATION: That the City Council approve the contract amendment for an increase in current fees for animal control services to be provided by Animal Friends of the Valley (a.k.a. L.E.A.F.) BACKGROUND: Animal Friends of the Valley has provided animal control and shelter services to the public on behalf of the City of Temecula since 1995. In addition, Animal Friends of the Valley provides similar services to the cities of Murrieta, Lake Elsinore, Canyon Lake and the County of Riverside. Animal Friends of the Valley is in the process of moving from its currant site to an interim facility. They will remain in the interim facility for approximately two years while a new shelter is constructed. Animal Friends of the Valley has projected that costs will increase, not only due to the new shelter, but also because of rising operational costs. Before Animal Friends of the Valley requested an increase, City Staff recommended that they contract with DMG-MAXIMUS (same firm the City utilized to perform the User Fee Study), to perform a user-fee study to substantiate any rate increase requests (copy attached). Based on the results of this survey, DMG-MAXIMUS recommended increasing the hourly rate for animal control services from $31/hour to $41/hour. This increase will allow for a full cost re~:overy at the interim shelter. The study also included a review of services including cost per stray, mileage, and licensing processing fees. In addition, the study recommended that the mileage cost be increased from .41 a mile to .96 a mile to fund vehicle replacement. Animal Fdends of the Valley had not previously factored in the replacement component and this amount will allow for vehicle replacement over the term of this contract. This contract would be for a maximum term of 3 years or until Animal Friends of the Valley is available to operate out of their new shelter. As a component of this contract, the neighborhood- canvassing program will continue to operate. This marketing effort is designed to encourage residents to license and vaccinate their pets. Courtesy notices will be issued for those residents in violation, allowing the pet owner to understand the reasons behind the notice and how to correct the situation. Animal Friends of the Valley provides quality service and City Staff, including the Police Department, are very satisfied with this service. FISCAL II~/IPACT: With the proposed increase in the animal control houdy rate and mileage rate, the City has budgeted an additional $15,000 for the upcoming year. Attachment: Animal Friends of the Valley Contract Amendment DMG-MAXIMUS Fee Study CONSULTANT AGREEMENT SECOND AiVlENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ANIR/IAL FRIENDS OF THE VALLEY (aka L.E.A.F.) THIS SECOND AR/iENDMENT is made and entered into as of June 27, 2000 by and between the City of Temecula, a municipal corporation (City) and Animal Friends of the Valley (Consultant). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: September 1995 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services" (Agreement). The parties now desire to amend the Agreement as set forth in this Amendment. This contract will be for a maximum of 3 years or until Animal Friends of the Valley is available to operate out of their new shelter. In no event will this amendment be in place longer than July 1, 2003. Based on the results of the attached survey, the hourly rate for animal control services shall increase from $31/hour to $41/hour. In addition, mileage costs shall increase from .41 a mile to .96 a mile. Section __h "Dog Licensing" of the Agreement is hereby amended to include as follows: Section (iv) Animal Friends of the Valley shall collect all license fees and penalties on behalf of the City, issue receipts for all such fees collected and keep copies thereof. Animal Friends of the Valley shall retain $5.00 for each license sold. However, from the period of July 1, 2000 through the life of this amendment, Animal Friends of the Valley shall retain the entire $8.00 received for new licenses acquired through a license-marketing program. This additional revenue will be applied to the City's proportional share of the cost of building a new facility. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEiVlECULA BY: Jeffrey E. Stone, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT Animal Friends of the Valley 29001 Bastron Avenue Lake Elsinore, CA (909) 674-0618 Ann Washington, Director Lake Elsinore Animal Friends Cost of Services Study Final Report March 9,4, 2000 Prepared by DMG-MAXIMUS 19732 MacArthur Boulevard, Suite 110 Irvine, CA 92612 949,440.0845 ~.ake EIslno~e Anim~i Friends- Cost of Services Study Cost of Services Report Table of Contents TABLE OF CONTENTS ......................................................................................................1 SECTION I: EXECUTIVE SUMMARY ............................................................................2 PROJECT SCOPE & OBJECTIVES ................................................................................................................3 BACKGROUND ...............................................................................................................................................3 METHODOLOGY ............................................................................................................................................4 SUMMARY OF FINDINGS ............................................................................................................................5 Table I: Total Costs by Facility ....................................................................................................................5 Table 11: Comparison of Current Fees to Proposed Fees ............................................................................ 6 ECONOMIC AND POLICY CONSIDERATIONS ........................................................................................ 7 CONCLUSIONS ...............................................................................................................................................8 Table Ili: Source of Funds for Contract User Fee Activities ....................................................................... 9 Table IV: Contract Services Revenue Analysis .......................................................................................... 10 SECTION II: INTERIM SHELTER ................................................................................. 11 COST ANALYSIS - CONTRACT SERVICES .........................................................................................................12 COST ANALYSIS - OTHER SERVICES ................................................................................................................13 CONCLUSIONS .:...; .......................................................................................................... 13 Contracted Services at Interim Shelter Per Unit Summary. ....................................................................... 14 Confracted Services at Interim Shelter Total Program Summary ............................................................. 15 FASTR Analysis ..........................................................................................................................................16 SECTION III: NEW SHELTER ........................................................................................17 COST ANALYSIS -- CONTRACT SERVICES .........................................................................................................18 CONCLUSIONS ..................................................................................................................................................18 Contracted Services at New Shelter Per Unit Summary ............................................................................ 19 Contracted Services at New Shelter Total Program Summary .................................................................. 20 FASTR Analysis .........................................................................................................................................~=_21 DMG-NIAXIMUS 1 Final Report Lance Eisinore AnimaD Friemis- Cost o[ Services Study Section I: Executive Summary DMG-MAXIMUS 2 Final Report DMG-A4X~MUS is a nationwide consulting firm specializing in cost accountb~g and revenue enhancement studies for special districts and state and local government. The Western Region office is headquartered in Sacramento, California, with other offices in Burlingame, Pasadena, and Irvine. Our Western Region office has provided services to all 58 California counties and over 200 California cities. PROJECT SCOPE & OBJECTIVES DMG-MAXIMUS was engaged by Lake Elsinore Animal Friends (LEAF) to review contracted fee services and related revenues. The project's objective was to conduct a full analysis of fees charged under contract to Lake Elsinore, Temecula, Canyon Lake, Murrieta and the County of Riverside. In addition to existing costs, DMG-MAXIMUS projected what the fees should be when LEAF moves from its current location to a new facility. DMG-MAXIMUS, with coordination from LEAF staff, undertook to perform the following tasks: o Provide detail cost calculations of services currently provided, using salary and wage analysis as a basis for distributing direct and indirect costs; o Calculate full cost of services, incorporating costs of the new shelter facility and to replace existing vehicles; o Calculate the productive hourly rate for staff employees; and o Identify the amount that fees would need to increase to recover full costs for the following fees: Animal Control Officer hourly rate Kennel/Shelter Fee per stray Mileage fee License processing fee This report summarizes our analysis and documents the amounts that fees should be adjusted. BACKGROUND LEAF provides animal control and shelter services to the public and on behalf of governmental agencies. The City of Lake Elsinore contracts with LEAF to provide animal control and licensing services based on a flat fee. LEAF retains all license fee revenues. The cities of Canyon Lake, Temecula, and Mur~eta contract with LEAF to provide animal DMG-MAX]MUS 3 Final Report ~ke [Eisino~e/~nim~g ~riends- Cos~ o[ Se~v~es Study control and licensing services based on the four fee categories. License and other revenues are returned to these cities. The County contracts with LEAF to provide licensing and animal sheltering. LEAF is in the process of moving from its current site located on Bastron, to an interim facility. LEAF will remain in the interim facility for two years while a new shelter is constructed. LEAF projects that its costs will increase, not only due to the new shelter, but also because of the rising costs of insurance and salaries. As a result, LEAF requested that DMG- MAXIMUS analyze its costs to determine if the current fees are set at the appropriate levels for full cost recovery. METHODOLOGY The user fee activity costs developed in this study were generated through a proprietary DMG-MAXIMUS computer model designated as the FASTR System (Fee _And Service Technical _Review). The costing methodology followed by DMG-MAXIMUS is rigorous and complete. First, DMG-MAXIMUS developed a model for analySiS based on the labor distribution of all fee and non-fee activities provided by LEAF staff. Next, the model was then used to analyze and calculate costs for each activity. This includes development of direct. labor costs, benefits, services, supplies, and indirect costs such as depreciation. Services and supplies were reviewed and identified either to specific activities or allocated based on the salary distribution. The results identify fully supported costs for providing user fee related services. Costs__ar_e then compared with revenues, and fee adjustments, if appropriate, are recommended. Salary and wage expenditures were based on fiscal year 1998-1999 and then adjusted for cost of living and merit raises given to Animal Control Officers, administrative, dispatch and office staff after the fiscal year ended. With some exceptions, all expense information was based on fiscal year 1998-1999 adjusted actual expenditures. Using expenditures from July 1998 through October 1999, DMG- MAXIMUS calculated a weighted monthly average. The monthly average was then converted to an annual expenditure amount to reflect costs for a full year. LEAF indicated that some supply items had' increased after the fiscal year closed, and wanted to incorporate these mounts into the full cost study. An example would be animal disposals. This per animal cost went up from $100 a pickup to $150 a pickup. DMG-MAXIMUS 4 Final Report Lake Elsinore Animal ~riendso Cost og: Services Study The exceptions to this adjustment were in the areas of insurance and depreciation. In the area of depreciation, LEAF currently depreciates buildings, vehicles, and equipment. These amounts were reviewed and calculated to reflect the current fiscal year (FY 1999-2000). In addition, replacement costs for vehicles have been added in place of vehicle depreciation. It is assumed that vehicles will need replacement in three years, except for Canyon Lake (five years) and the current Temecula vehicle (two years). Since Director's insurance, vehicle, liability, and worker's compensation insurance were increased from the FY 98-99 year. These amounts were recalculated to reflect actual cost in the current fiscal year. The vehicle insurance cost also includes insurance on the new vehicle purchased for Murrieta. Health insurance was also adjusted for three employees. DMG-MAXIMUS calculated user fees in two scenarios. The first is in the interim shelter. Cost of the interim shelter building were identified and depreciated over two years. These costs were incorporated into the first scenario. In the second scenario, the costs of the .new building were identified and depreciated over fifty years. This cost replaced the interim shelter cost in the second scenario. It should be noted that utility and other expenses associated with the two buildings are assumed to remain constant in both scenarios. These costs were not projected because the impact at this time is not known. Volumes were based on fiscal year 1998-1999 animal counts and billing invoices. It is assumed that the volumes and service use will not be affected by fee changes and will be consistent with 1998-1999. Revenue estimates used in this'analysis are made based on these volume counts. SUMMARY OF FINDINGS. Based on the methodology outlined, the total cost of LEAF operations at the interim shelter comes to approximately $794,000. Of this total 74% of total costs are spent on services under contract to the four cities and the Coanty. The remainder is spent on non-profitand other shelter activities that are not included in these con~'acts. At the new shelter, total cost of LEAF operations will increase to approximately $858,000. The cost of contracted services will increase to 74% of total operations. The breakout of costs per facility can be seen on Table I: Total Costs by Facility. Table I: Total Costs by Facility Contract Total Costs of Costs of Services At Costs Contract Services Other Services Interim Shelter $793,893 $585,531 74% $208,363 26% New Shelter $857,696 $630,594 74% $227,102 26% DMG-MAXIMUS 5 Final Report ~.aBce EEsinore Anlmag Friends- Cos~ o~: Se~vEces S~udy Table III: Source of Funds, on page 9, shows the source of funding for the contracted user fee services. At the interim shelter, 72% of the total contract services of approximately $586,000 is paid through the fees charged to the cities and County. Other LEAF funding sources subsidizes the remaining 28%. At the new shelter, 67% of the estimated $631,000 cost of providing services under contract are funded by the contract fees. At full cost recovery, the fees charged under the contracts are listed in the table below. Table II: Comparison of Current Fees to Proposed Fees & Interim Service (Cities refer to Canyon Lake, Murrieta, and Temecula only) Current Fee Shelter- Proposed Fee at Full Cost Recovery New Shelter Proposed Fee at Full Cost Recovery Animal Control - Hourly Rate $31 Cost Per Stray (minimum 5 holding days at shelter) Cities $15.00 County $17.00 Mileage (fee per mile) Canyon Lake $0.65 Muraleta $0.40 Temectfia $0.41 License Processing Fee Cities (per license) $5.00 County (per license) $2.00 $41 $45 $16.50 $18.00 $17.00 $18.00 $0.68 $0.68 $0.80 $0.80 $0.96 $0.78 $5.00 $6.00 $2.00 $2.00 If the proposed fees are implemented, total revenues from the contracts with the Canyon Lake, Murrieta, Temecula, and Riverside County will increase annually by approximately $81,000 for the two years at the interim shelter and $106,000 at the new shelter. This assumes that the service levels will not change as a restfit of the fee adjustments. This is summarized in Table IV: Contract Services Revenue Analysis on page 10. DMG-MAXIMUS calculated the full cost of providing services to the City of Lake Elsinore, but did not make a recommendation on this contract mount, which is currently $75,000 plus license revenues. However, shotrid LEAF choose to charge the City the full cost of providing the contracted services, LEAF should increase the contract amount. Assuming license revenues total $55,000 annually, LEAF will need to charge $160,000 plus license revenues when located at the interim shelter and $180,000 plus license revenues at the new shelter to achieve full cost recovery. DMG-MAXJMUS 6 Final Report ~.ake Eisinon'e Animal [riencls- Cost o~: Se~,ices S~udy ECONOMIC AND POLICY CONSIDERATIONS In setting fees under contract, LEAF should consider the following issues as a non-profit agency providing services to government agencies. The assumption underlying most fee recommendations is that costs of services provided on behalf of a governmental agency, and not society as a whole, should be borne by govemmental agency receiving the benefit. Setting user fees, therefore, is equivalent to establishing prices for services. Making a profit is not an objective of LEAF in providing services on behalf of govemmental agencies. It is commonly felt that fees should be established at a level that will recover the cost of providing each service, no more, and no less. In some cimumstances, however, a reasonable policy is setting fees at a level that does not reflect the full cost of providing services. The following factors underlie such policies: Elasticity of Demand. The price charged for a service can affect the quantity demanded by potential users. In many instances, increasing the price of a service results in fewer units of the service being purchased (i.e., the demand for the service is elastic.). For some services, raising the price to the user may not decrease the amount of service purchased because of the importance of the service to individual users (i.e. the demand is inelastiq). Whether total revenue goes up, goes down or stays the same can be correlated to the magnitude of the fee change and resulting shift in volume demanded. .' The level of service is not dependent on the price. The number of animals sheltered or the number of animal control hours provided is dependent on other factors. Comnetitive Restraints. Although LEAF is the ortly provider of animal services in the cities of Canyon Lake, Lake Elsinore, Murrieta, and Temecula, LEAF does have competition that may restrict the amount it may charge. The cities may choose to provide its own services or hire another agency, such as the County. Economic Incentives. In some cases it may be desirable to use fees as a means of encouraging or discouraging certain activities. This is not an issue with LEAF contract fees. However, higher fees may encourage the client cities to review its options for providing animal control and licensing services. Subsidy Policy. Subsidies are usually provided for two other purposes, in addition to those arising from economic considerations: o To allow an identified group to participate in services which they might not otherwise be able to afford. o To support services that benefit an entire community, as well as the individual or agency purchasing the service. Many activities, by their nature, provide societal benefits in addition to those received by the direct recipient. LEAF already provides services that are subsidized by other funds. DMG-MAXIMUS 7 Final Report ~,aEce ~nsinore AnimaE ~:riends- Cos~ o~: S~rv~es Stuc~y As a non-profit agency, LEAF relies on contract revenue, as well as donations, grants, and fees to fulfill its mission. Many of the services provided to the public are subsidized by contract fees, donations, and grants. Since it is LEAF's intention to fully recover the cost of providing services under contract, DMG-MAXIMUS has provided recommendations to follow this policy. C ONCL USIONS In considering these economic issues and policy of full cost recovery, DMG-MAXIMUS recommends fee adjustments as defined in Table I. LEAF should realize an increase of $81,000 in annual revenues at the imerim shelter and $106,000 at the new shelter with the implementation of these new rates. This is shown on Table IV: Contract Services Revenue Analysis on page 10. In addition, LEAF may realize up to an additional $85,000 at the interim shelter and $105,000 at the new shelter if its contract with the City of Lake Elsinore can be re-negotiated to reflect full cost recovery. A detailed discussion of costs at each facility for each service can be found in the following sections. DMG-MAXIMUS 8 Final Report Table III Lake Elsinore Animal Friends SOtlEe O[ FuHds - Contract User Fee Activities - Contract Sern~es At cost Cohtfiact Ser~s tUn4ed by Current Contracts Subsidized by Other j~unding Interim Shelter New Shelter $585,531 $419,402 72% $166,129 28% $630,594 $419,402 67% $211,193 33% Lake Elsinore Animal Friends Interim Shelter New Shelter $0 $100 $200 $300 $400 $500 $600 $700 In (0DOs) DMG-MAXIMUS 9 Table IV Contract . Services At Lake Elsinore Animal Friends Contract Services Revenue AnaIysis Costs of £endces ': Other- Current '- MI Cost · Fund SubMdy Fees: . ' Rebbvery Revenue Interim Shelter $585,531 $166~129 $419,402 $500,060 $80~658 New Shelter $630,594 $211,193 $419,402 $525,507 $106,105 Revenues at Interim Shelter CURRENT FEES $4191402 Revenues at New Shelter INCREASED FEES FOR FULL COST RECOVERY $57,361 CURRENT FEES $419,402 INCREASED FEES FOR FULL COST RECOVERY $84,028 DMG-MAXIMUS 10 0 0 0 O 0 O O 0 0 DMG-MAX]MUS flake E~sino~e AnimaB ~{iends- Cos~ off Se~vfices Stuc~y Section II: Interim Shelter 11 Final Report ~ake EIsinore Animag Friends- Cost of Services Study ]riterim helter The cities of Canyon Lake, Lake Elsinom, Murrieta, and Temecula contract with LEAF to provide animal control and license processing services. These include animal control services such as enfome the Municipal Code relating to animal control, impound stray animals, quarantine rabid animals, remove dead animals from the fight-of-way and investigate complaints. The City of Lake Elsinore contracts with LEAF to provide animal control and licensing services based on a flat fee. LEAF retains all license fee revenues. The cities of Canyon Lake, Temecula, and Murfieta contract with LEAF to provide animal control and licensing services based on four fee categories. License and other revenues are returned to these cities. The County contracts with LEAF to provide licensing and animal sheltering on a per license and per animal fee. The costs described in this section only relate to the costs incurred at the interim shelter. Lake Etsinore contract services were reviewed as individual components then totaled up, and compared to the set flat fee. The County and other city's fees are reviewed as separate components. The total annual cost of LEAF operations is $783,893. The total costs include all direct costs (such as salaries, benefits, and supplies) and indirect costs (such as building and equipment depreciation and vehicle replacement). The vehicle replacement cost for Temecula is spread over two years because the current vehicle in use will only last that long. Of the total cost, $585,531 is spent on contract related services. The remainder of the total operating costs ($208,363) is spent on other services. These other services are described in the "Other Services" section below. Current revenue received under contract total $419,402, a 72% overall recovery rate. Cost Analysis - Contract Services The individual fee services are listed in the User Fee Summary starting on page 14. For services under contract with the cities of Canyon Lake, Murrieta, and Temecula, LEAF is subsidizing fee services. Current fees are recovering between 15% - 96% of the full cost of providing services under the four categories. Although set at 100% full cost recovery level, DMG-MAXIMUS has rounded the fee at policy level to the nearest half dollar. Increases are recommended for the Animal Control Officer hourly rate, the Kennel per stray, and the mileage expense. It is recommended that the license processing fee remain at the current rote. For County services, LEAF is currently charging a small percentage more than the cost of providing kenneling services and license processing. However, when rounded to the nearest DMG-MAXIMUS 12 Final Report [lake EIsinore Animal Friends- Cost o~: Services S~udy half-dollar, these fees are consistent with the currein fee charged. DMG-MAXIMUS recommends no change to the per animal charge and the license processing fee. LEAF is currently subsidizing Lake Elsinore's coreract services by $85,471 from its other funds. DMG-MAXIMUS was not asked to make a recommendation on this contract fee, but based on the full cost analysis, LEAF can justify an increase to its contract. The full cost of the service is $160,000, compared to the current charge of $75,000. These amounts assume that annual license fees of $55,000 are still retained by LEAF. Cost Analysis - Other Services LEAF provides services under its non-profit stares totaling $208,363. These services include providing shelter for all unwanted pets, spade and neutering, shot clinics, education programs, and adoptions. In addition, LEAF provides shelter and some animal control services that are not charged under the contracts. These other services are funded by donations, grants, and fees charged to animal owners. The total revenues for other services were not reviewed in this analysis. Conclusions DMG-MAXIMUS recommends that LEAF adjust its fees as described in the following summary pages. LEAF shotrid realize an addition of $80,658 to annual revenues. The following pages show the summaries of the different fee services reviewed in two formats. One shows costs per unit in each fee service and the second shows the total cost of each service type. The column "Revenue at Current Fee" shows the revenue received for the current fiscal year based on the volumes of activity provided. "Revenue at 100% Fee" shows the full cost of the activity. The "Current Subsidy" shows the amount subsidized by other resources. Following these summaries is the FASTR analysis showing the detailed cost calculation of each fee activity. DMG-MAX]MUS 13 Final Report c) z° 000 000 6 0 0 o 0 0 o o 0 0 0 0 0 0 o o o 0 oo 0 0 0 0 0 g g g ~o ~ 0 0 o o o o o o o o o 0 oo o oo 0 oo o 0 0 0 0 0 0 0 ~o ~o 0 o C) 0 0 o 0 0 0 0 0 0 0 0 0 ° 'o H 0 0 o~ 0000000000000000~00000000000000~000 0 0 0 0 ~aBce Eis~no~e Animan ~ends- Cos~ oE Services Study Section III: New Shelter DMG-MAX]MUS 17 Final Report LEAF is currently in the process of building a new shelter in Wildomar. The facility (with cages) is estimated to cost $3,565,000 to construct. In this scenario, costs for the interim shelter have been replaced with the depreciated cost of the new shelter. Since the impact of the move to utilities, insurance, and other operating costs are not known at this time, they are assumed to remain the same as the year reviewed in this analysis. Salaries for full and part time were also increased from the interim shelter analysis to reflect additional raises. The vehicle replacement cost to Temecula was changed to reflect a 3 year replacement period instead of 2 years. The total annual cost of LEAF operations is estimated at $857,696. Of this, $630,594 is spent on contract related services. The remainder of the total operating costs ($227,102) is spent on other services provided under its non-profit mission. Current revenue received under contract total $419,402, a 69% overall recovery rate. Cost Analysis - Contract Services The individual fee services are listed in the User Fee Summary starting on the next page. For services under contract with the cities of Canyon Lake, Murrieta, and Temecula, LEAF is subsidizing fee services. Although set at 100% full cost recovery level, DMG-MAXIMUS has rounded the fee at policy level to the nearest half dollar. Increases are recommended for all its fees. For County services, DMG-MAXIMUS recommends an increase to the animal charge and no change to the license processing fee. LEAF is currently subsidizing Lake Elsinore's contract services by $105,087 from its other funds. DMG-MAXIMUS was not asked to make a recommendation on this contract fee, but based on the full cost analysis, LEAF can justify an increase to its contract. The full cost of the service is $180,000, compared to the current charge of $75,000. This assumes that annual license fees of $55,000 are still retained by LEAF. Conclusions DMG-MAXIMUS recommends that LEAF increase its fees as listed in the summary table that follows. LEAF should realize an addition of $106,105 to annual revenues. The following pages show the summaries of the different fee services reviewed in two formats. One shows costs per unit in each fee service and the second shows the total cost of each program. Following these summaries is the FASTR analysis showing the detailed cost calculation of each fee activity. DMG-MAXIMUS 18 Final Report O00 0 0 0 0 0 0 0 0 0 0 ~o oo o o o 0 oo o o oo o oo oo o o o oo o o ~o ~o ~o H ~ ~o 0 o o o o o oo o o oo o ~ ooo ~ ooo oo o o o oo o 0 0 0 o 0 0 O0 Oo o 3 0 0 ~ o~ 0 o o 0 0 0 0 0 o 0 o o o o g g ~ o~ go go go oo 0 0 ~0 0 0 0 U U 0 ~ oo 0 000000 o 0 BTIEM 7 TO: FROM: DATE: SUBJECT: CITY OF TEIVIECULA AGENDA REPORT City Manager/City Council APPROVAL~E CITYATTORNEY DIRECTOR OFFINANCE CITYMANAGER 4/J)l~dliam G. Hughes, Director of Public Works/City Engineer June 27, 2000 Agreement for Placement and Maintenance of Bus Benches by the Temecula Sundse Rotary Club PREPARED BY: Beryl Yasinosky, Management Analyst RECOIVIMENDATION: That the City Council: Approve a 3-year Agreement with the Temecula Sunrise Rotary Club, a Califomia non- profit corporation, for the Placement and Maintenance of forty-three (43) existing Bus Benches in an amount of $12,000 for Fiscal Year 2000-01. 2. Authorize the Mayor to execute the Agreement in substantially the form attached. BACKGROUND: In accordance with the City's encroachment permitting process, the Temecula Sundse Rotary Club has installed and maintained bus benches in the City's public rights-of-way since 1994. The City now desires to enter into a three (3) year agreement, commencing July 1, 2000, with the Rotary Club to lease existing bus benches at various designated locations throughout the City. Pursuant to the terms of the Agreement, the Rotary Club will continue to maintain, repair, clean and service the forty-three (43) existing bus bench locations depicted in Exhibit B of the Agreement, The City will pay $12,000.00 annually for maintenance of the initial forty-three bus benches and $75.00 per quarter for each additional bus bench placed within the public right of way in accordance with the Agreement. The agreement also contains provisions for the frequency of maintenance, placement and installation criteria, as well as general liability, automobile, and workers compensation insurance requirements. Although no additional bus benches will be placed in the public right-of-way without prior City approval, the agreement is flexible to compensate for additional services on a per bench, per quarter basis. The agreement does not preclude the City from installing other bus benches or shelters on public or private property. FISCAL liPACT: The cost associated with the terms of the aforementioned lease agreement with the Temecula Sunrise Rotary Club for Fiscal Year 2000-2001 is $12,000. Adequate funds have been appropriated through the Public Works Department budget for Fiscal Year 2000-01. ATTACHMENTS: Agreement for Placement and Maintenance of Bus Benches R:~agdrpt\00~0627~busbenchagr.rotaryclub 1 AGREEMENT CITY OF TEMECULA AND SUNSIBNE ROTARY CLUB FOR BUS BENCHES PLACEMENT AND MMNTENANCE THIS AGREEMENT, made and entered into as of June 27, 2000 by and between the City of Temecula, a municipal corporation ("City") and Temecula Sunrise Rotary Club, a California non-profit corporation ("Rotary"). In consideration of the respective covenants and promises herein contained and subject to all of the terms and conditions hereof, the parties hereby agree as follows: 1. Recitals. Rotary has installed and maintained bus benches within the City of Temecula since 1994. City now desires to enter into this Agreement in order to lease bus benches at various designated bus stop locations throughout the City and to have the Rotary maintain the bus benches. 2. Placement of Bus Benches within City. Rotary hereby agrees to provide and maintain forty three (43) bus benches ("Bus Benches") within the City. The Bus Benches shall be of the style depicted on Exhibit "A' and shall be placed by Rotary at the locations within the public right-of-way designated on Exhibit "B'. The Bus Benches shall contain no advertising or logos, other than City provided City Seals, and shall be painted in color designated by the Director of Public Works. All advertising shall be removed from the existing Bus Benches no later than July 30, 2000. City reserves the right to allow, install or place other bus benches or transit shelters on public or private property. No additional Bus Benches shall be placed in the public right-of-way without the approval of the Director of Public Works. a. The Sunrise Rotary Club must maintain an active City Encroachment Permit issued by the Public Works Department. 3. Rotary's Maintenance Services. Rotary agrees, at its own costs and expenses to maintain and repair benches in a clean, neat, safe and sanitary condition. All such work shall be performed at the sole expense of Rotary. Each Bus Bench shall be cleaned not less than one time a month as required to provide safe and clean benches. In the event the Director of Public Works determines that a Bus Bench fails to comply with the requirements of this Agreement or is otherwise in a state of disrepair or deferred maintenance, the Rotary shall remove such Bus Benches within three (3) days of notice from the Director of Public Works and shall replace the Bus Benches in accordance with the requirements of this Agreement within the time set by the Director. As an exception to the foregoing removal requirement, the Director of Public Works may demand that the Bus Benches may be removed within one (1) day of notice if he determines that the problem constitutes a safety problem. Lease Payments. City shall pay to Rotary the annual sum of Twelve Thousand Dollars and No Cents ($12,000.00) for the initial forty-three (43) Bus Benches described in this agreement. Said annual payment shall be made in quarterly installments with the exception of the first payment identified in paragraph "a", below. The City shall pay an additional Seventy-Five Dollars and No Cents ($75.00) per quarter for each additional Bus Bench request that is placed and maintained by Rotary within the public right-of-way in accordance with this Agreement. City shall pay such fee to Rotary within 30 days of receipt of an invoice the first business day of each quarter, beginning July 1, 2000. R:\agrmts\Masters\Miscagrt\rotary bus bench a. The first payment made by the City to Rotary, beginning in Fiscal Year 2000- 01, shall include the first two quarterly installment payments (July 1, 2000 and October 1, 2000) in the sum of Six Thousand Dollars and No Cents ($6,000.00). The remaining third and fourth installment payments (January 1, 2001 and April 1, 2001) for Fiscal Year 2000-01, and all subsequent lease payments thereafter, shall be invoiced on a quarterly basis by Rotary, as identified in Section 4. 5. Term. This term of this Agreement shall commence as of July 1, 2000, and shall continue for a term of three (3) years unless earlier terminated as hereafter provided. 6. Termination a. This Agreement may be terminated by City upon fifteen (15) days' notice to Rotary if: (I) Rotary fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance in accordance with this Agreement at least twenty (20) days before the expiration date of the previous policy; or (2) if Rotary is in breach of any material provision of this Agreement and fails to cure said breach within twenty (20) days of written notice to Rotary of the breach. b. City Manager may suspend this Agreement at any time upon finding that: (1) the Rotary is in breach of a material term of this Agreement: and (2) said broach could cause an immediate adverse affect upon the health or safety of members of the public. c. If Rotary fails to maintain the Bus Benches as required by this Agreement, City may take such action as is required to maintain the Bus Benches in the condition required by this Agreement. In such event City shall deduct all costs incurred by the City to provide such maintenance from the lease payment described in Section 3 of this Agreement. d. In addition to the above, the City may terminate this agreement without cause with one year's notice. In the event the City is not able to provide one year's notice, the City will pay Rotary the prorated portion of the remaining year. 7. Bus Bench Removal. Upon expiration or termination of this Agreement, Rotary shall immediately remove all Bus Benches. If Rotary does not remove all Bus Benches within thirty (30) days after notice to ~emove they shall be deemed abandoned and City shall have the right to remove the remaining Bus Benches and dispose of them, in which event Rotary shall pay all costs of removal and site restoration. 8. Insurance. Rotary shall procure and maimain for the duration of this Agreemere, insurance against claims for injuries to persons or damages to property which may arise from or in connection with its work pursuant to this Agreement. (1) Minimum Scope of Insurance, Coverage shall be at least as broad as the following coverages and any updated insurance industry standard policies: (a) Insurance Services Office Commercial General Liability coverage provided ISO-CGL Form No. CG 001 11 85 or 88. (b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Rotary owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 2 R:\agrmts\Masters\Miscagrt\rotary bus bench (c) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (2) Minimum Limits of Insurance. Rotary shall maintain limits no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The general liability policy shall include non-owned liability insurance. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (3) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. (4) Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (a) The City, its officers, officials, employees and designated volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Rotary; products and completed operations of the Rotary; automobiles owned, leased, hired or borrowed by the Rotary. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (b) For any claims related to this project, the Rotary's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Rotary's insurance and shall not contribute with it. (c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Rotary'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. (e) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 3 R:\agrmts\Masters\Miscagrfirotary bus bench (5) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (6) Verification of Coverage. Rotary 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 or ISO form CG 20 10 11 85. All endorsements are to be received and approved by the City before use commences. As an alternative to the City's forms, the Rotary's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Rotary shall not be entitled to use the Premises until all required insurance documents are on file with the Director of Finance. (7) Failure to Comply with Insurance Requirements. In the event the Rotary fails to submit required documentation for insurance to the Director of Finance within the times required by this Agreement or the Director of Finance receives notice or is made aware of the termination of any required insurance policy, the City Manager may immediately suspend this Agreement and shall cause a notice of default to be issued to the Rotary. 9. Rotary Indemnification of City. Rotary agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, and employees from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or natore which the City, its officers, agents and persons, or damage to property arising out of the negligent or wrongful acts or omissions of Rotary, its officers, employees, or agents arising out of or in any way related to the performance or non-performance under this Agreement, excepting only liability attributable to the negligent or wrongful conduct of the City. 10. Legal Responsibilities. Rotary shall keep fully informed of all Federal, State and local laws, regulations and ordinances that in any manner affect those employed by or in any way affect or govern the performance of services pursuant to this Agreement. Rotary shall at all times observe and comply with all such laws, regulations and ordinances. 11. Representatives and Notices. City's Director of Public Works shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directires, or agreements on behalf of the City called for by this Agreement except as otherwise expressly provided in this Agreement. The President of Rotary shall designate in writing the representative of Rotary for purposes of coordinating Rotary's work under this Agreement and to serve as Rotary's agent for obtaining compliance with the terms of this Agreement and to serve as Rotary's agent for obtaining compliance with the terms of this Agreement. Notices and written communications sent by one party to the other shall be personally delivered or sent by certified or registered U.S. Main, return receipt requested, postage prepaid, or a reliable overnight delivery service, such as but not limited to Federal Express, to the following address (or such other addresses as may be designated by notice given in accordance with this paragraph): 4 R:\agrmts\Masters~MiscagrtXrotary bus bench If to City, to: City of Temecula Post Office Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Attn: Director of Public Works If to Rotary: Tyler, Dorsa & Duke, LLP 41877 Enterprise Circle North, Suite 210 Temecula, California 92590 Attn: Paul J. EIdridge, Esq. Phone: (909) 296-0700 Notice shall be deemed received upon actual receipt of the notice or three (3) business days following deposit in one of the approved transmission methods. 12. the City. Independent Contractor. Rotary is an independent contractor and not an employee of 13. Assignability. Rotary shall not assign or transfer any interest in this Agreement whether by assignment or novation, without prior written consent of the City Council. Any purported assignment without such consent shall be void and without effect. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 15. Entire Agreement. This Agreement supersedes any and all other agreements, permits or City approvals, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement shall be effective only if executed in writing and signed by both City and Rotary. 16. Third Party Rights. No third party shall be deemed to have any rights hereunder against any of the parties as a result of this Agreement. 17. Waiver of Breach. No breach of any provision of this Agreement can be waived unless the waiver is in writing. Waiver of any one breach of a provision shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. lg. Attorney~s Fees. Should any dispute under this Agreement lead to litigation, the prevailing party in litigation shall be entitled to reasonable attorney's fees and litigation expenses incurred with respect to the dispute and prosecution of the action. 5 R:\agrrats\MastersMMiscagtl\rotary bus bench IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. TEMECULA SUNRISE ROTARY CLUB, A California non-profit corporation By: Name: Title: By: Name: Title: CITY OF TEMECULA, A municipal corporation Jeffrey E. Stone, Mayor Approved as to Form: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, CityClerk 6 R:\agrmts~vlaslersLiMiscagrt\rolary bus bench EXHIBIT A PHOTOGRAPH OF APPROVED STYLE OF BUS BENCHES 7 R:\agrmts\Masters\Miscagrt\rotary bus bench IEXF~OI~OTS ~DLL FOLLO~ AS SUPPLIE~IENTAL ~ATIE~,DAL EXHIBIT B LOCATION OF BUS BENCHES 8 R:\agrmts\Masters\Miscagr~\romry bus bench EXHOBD'FS WBLL FOLLOW AS SUP~Lr~ENTAL ~A'FEF~DAL AGREEMENT CITY OF TEMECULA AND TEMECULA SUNRISE ROTARY FOUNDATION FOR BUS BENCHES PLACEMENT AND MAINTENANCE THIS AGREEMENT, made and entered into as of June 27, 2000 by and between the City of Temecula, a municipal corporation ("City") and Temecula Sunrise Rotary Foundation, a California non-profit corporation ("Rotary"). In consideration of the respective covenants and promises herein contained and subject to all of the terms and conditions hereof, the parties hereby agree as follows: 1. Recitals. Rotary has installed and maintained bus benches within the City of Temecula since 1994. City now desires to enter into this Agreement in order to lease bus benches at various designated bus stop locations throughout the City and to have Rotary maintain the bus benches. 2. Placement of Bus Benches within City. Rotary hereby agrees to provide and maintain forty three (43) bus benches ("Bus Benches") within the City. The Bus Benches shall be of the style depicted on Exhibit "A" and shall be placed by Rotary at the locations within the public right-of~way designated on Exhibit "B". The Bus Benches shall contain no advertising or logos, other than City provided City Seals, and shall be painted in color designated by the Director of Public Works and finished with an anti-graffiti finish coat. All advertising shall be removed from the existing Bus Benches no later than July 30, 2000. City reserves the right to allow, install or place other bus benches or transit shelters on public or private property. No additional Bus Benches shall be placed in the public right-of-way without the approval of the Director of Public Works. Works Department. Rotary must maintain an active City Encroachment Permit issued by the Public 3. Rotarv's Maintenance Services. Rotary agrees, at its own cost and expense to maintain, repair, clean, keep neat and safe and in a sanitary condition, all benches placed pursuant to this agreement. All such work shall be performed at the sole expense of Rotary. Each Bus Bench shall be cleaned not less than one time a month as required to provide safe and clean benches. In the event the Director of Public Works determines that a Bus Bench fails to comply with the requirements of this Agreement or is otherwise in a state of disrepair or deferred maintenance, the Rotary shall remove such Bus Bench within three (3) days of notice from the Director of Public Works and shall replace the Bus Bench in accordance with the requirements of this Agreement within the time set by the Director. As an exception to the foregoing removal requirement, the Director of Public Works may demand that the Bus Benches may be removed within one (1) day of notice if he determines that the problem constitutes a safety problem. 4. Lease Payments. City shall pay to Rotary the annual sum of Twelve Thousand Dollars and No Cents ($12,000.00) for the initial forty-three (,43) Bus Benches described in this agreement. Said annual payment shall be made in quarterly installments with the exception of the first payment identified in paragraph "a', below. The City shall pay an additional Seventy-Five Dollars and No Cents ($75.00) per quarter for each additional Bus Bench request that is placed and maintained by Rotary within the public right-of-way in accordance with this Agreement, City shall pay such fee to Rotary within 30 days of receipt of an invoice the first business day of each quarter, beginning July 1, 2000. I R:\agrmtsXMasters\Miscagrt~rotary bus bench a. The first payment made by the City to Rotary, beginning in Fiscal Year 2000- 01, shall include the first two quarterly installment payments (July 1, 2000 and October 1, 2000) in the sum of Six Thousand Dollars and No Cents ($6,000.00). The remaining third and fourth installment payments (January 1, 2001 and April 1, 2001) for Fiscal Year 2000-01, and all subsequent lease payments thereafter, shall be invoiced on a quarterly basis by Rotary, as identified in Section 4. 5. Term. The term of this Agreement shall commence as of July i, 2000, and shall continue for a term of three (3) years unless earlier terminated as hereafter provided. 6. Termination a. This Agreement may be terminated by City upon fifteen (15) days' notice to Rotary if: (1) Rotary fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance in accordance with this Agreement at least twenty (20) days before the expiration date of the previous policy; or (2) if Rotary is in breach of any material provision of this Agreement and fails to cure said breach within twenty (20) days of written notice to Rotary of the breach. b. City Manager may suspend this Agreement at any time upon finding that: (1) the Rotary is in breach of a material term of this Agreement: and (2) said breach could cause an immediate adverse affect upon the health or safety of members of the public. c. If Rotary fails to maintain the Bus Benches as required by this Agreement, City may take such action as is required to maintain the Bus Benches in the condition required by this Agreement. In such event City shall deduct all costs incurred by the City to provide such maintenance from the lease payment described in Section 3 of this Agreement. d. In addition to the above, the City may terminate this agreement without cause with one year's notice. In the event the City is not able to provide one year's notice, the City will pay Rotary the prorated portion of the remaining year. 7. Bus Bench Removal. Upon expiration or termination of this Agreement, Rotary shall immediately remove all Bus Benches. If Rotary does not remove all Bus Benches within thirty (30) days after notice to remove they shall be deemed abandoned and City shall have the right to remove the remaining Bus Benches and dispose of them, in which event Rotary shall pay all costs of removal and site restoration. 8. Insurance. Rotary shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with its work pursuant to this Agreement. (1) Minimum Score of Insurance. Coverage shall be at least as broad as the following coverages and any updated insurance industry standard policies: (a) Insurance Services Office Commercial General Liability coverage provided ISO-CGL Form No. CG 001 11 85 or 88. (b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Rotary owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 2 R:Xagrmts\Masters\Miscagrt\rotary bus bench (c) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (2) Minimum Limits of Insurance. Rotary shall maintain limits no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The general liability policy shall include non-owned liability insurance. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (3) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. (4) Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (a) The City, its officers, officials, employees and designated volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Rotary; products and completed operations of the Rotary; automobiles owned, leased, hired or borrowed by the Rotary. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (b) For any claims related to this project, the Rotary's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Rotary's insurance and shall not contribute with it. (c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Rotary'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. (e) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 3 R:~agrmts\Masters\Miseagrfirotary bus bench (5) Accentability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (6) Verification of Coverate. Rotary shall furnish the City with original endorsements elfcoring 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 or ISO form CG 20 10 11 85. All endorsements are to be received and approved by the City before use commences. As an alternative to the City's forms, the Rotary's insurer may provide complete, certified copies of all required insurance policies, including endorsements effeeting the coverage required by these specifications. Rotary shall not be entitled to use the Premises until all required insurance documents are on file with the Director of Finance. (7) Failure to Cornnip with Insurance Recluirements. In the event the Rotary fails to submit required documentation for insurance to the Director of Finance within the times required by this Agreement or the Director of Finance receives notice or is made aware of the termination of any required insurance policy, the City Manager may immediately suspend this Agreement and shall cause a notice of default to be issued to the Rotary. 9. Rotary Indemnification of City. Rotary agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, and employees from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert wimess fees, or liability of any kind or nature which the City, its officers, agents and persons, or damage to property arising out of the negligent or wrongful acts or omissions of Rotary, its officers, employees, or agents arising out of or in any way related to the performance or non-performance under this Agreement, excepting only liability attributable to the negligent or wrongful conduct of the City. 10. Lel~al Resnonsibilities. Rotary shall keep fully informed of all Federal, State and local laws, regulations and ordinances that in any manner affect those employed by or in any way affect or govern the performance of services pursuant to this Agreement. Rotary shall at all times observe and comply with all such laws, regulations and ordinances. 11. Representatives and Notices. City's Director of Public Works shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, or agreements on behalf of the City called for by this Agreement except as otherwise expressly provided in this Agreement. The President of Rotary shall designate in writing the representative of Rotary for purposes of coordinating Rotary's work under this Agreement and to serve as Rotary's agent for obtaining compliance with the terms of this Agreement and to serve as Rotary's agent for obtaining compliance with the terms of this Agreement. Notices and written communications sent by one party to the other shall be personally delivered or sent by certified or registered U.S. Mail, return receipt requested, postage prepaid, or a reliable overnight delivery service, such as but not limited to Federal Express, to the following address (or such other addresses as may be designated by notice given in accordance with this paragraph): 4 R:XagrmtsXMastershMiscagTt\rotary bus bench If m City, m: City of Temecula Post Office Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Atm: Director of Public Works If to Rotary: Tyler, Dorsa & Duke, LLP 41877 Enterprise Circle North, Suite 210 Temecula, California 92590 Attn: Paul J. Eldridge, Esq. Phone: (909) 296-0700 Notice shall be deemed received upon actual receipt of the notice or three (3) business days following deposit in one of the approved transmission methods. 12. the City. Independent Contractor. Rotary is an independent contractor and not an employee of 13. Assillnabilitv. Rotary shall not assign or transfer any interest in this Agreement whether by assignment or novalion, without prior written consent of the City Council. Any purported assignment without such consent shall be void and without effect. 14. Governim~Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 15. Entire AI!reement. This Agreement supersedes any and all other agreements, permits or City approvals, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement shall be effective only if executed in writing and signed by both City and Rotary. 16. Third Party RiRhts. No third party shall be deemed to have any rights hereunder against any of the parties as a result of this Agreement. 17. Waiver of Breach. No breach of any provision of this Agreement can be waived unless the waiver is in writing. Waiver of any one breach of a provision shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. 18. Attornev's Fees. Should any dispute under this Agreement lead to litigation, the prevailing party in litigation shall be entitled to reasonable attorney's fees and litigation expenses incurred with respect to the dispute and prosecution of the action. 5 R:\agrmts\Masters\Miscagrt\rotary bus bench IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. TEMECULA SUNRISE ROTARY FOUNDATION, A California non-profit corporation By: Name: Title: By: Name: Title: CITY OF TEMECULA, A municipal corporation Jeffrey E. Stone, Mayor Approved as to Form: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk 6 R:\agrmts\Masters\Mkseagrt\rotmy bus bench EXHIBIT A PHOTOGRAPH OF APPROVED STYLE OF BUS BENCHES 7 R:Xagrmts\Masters\Miscagrt\rotary bus bench EXHIBIT B LOCATION OF BUS BENCHES 8 R:\agrmts\Masters\Miscagrt\rotary bus bench '~ = z ' ~ C~LIFQRNNA ,~,,, t ,/ ~TEM 8 CITY OFTEMECULA AGENDA REPORT CITY MANAGER TO: FROM: DATE: SUBJECT: City Manager/City Council John Meyer, Housing and Redevelopment Manager~{~ June 27, 2000 City Relocation Guidelines RECOMMENDATION That the City Council Adopt "Relocation Assistance and Guidelines of the City of Temecula". BACKGROUND: On September 10, 1991, the Redevelopment Agency Board Adopted relocation guidelines goveming the redevelopment area. The City has not adopted similar guidelines because it has not had the opportunity to acquire property requiring relocation assistance. The attached guidelines are consistent with guidelines adopted for the Redevelopment Agency. DISCUSSION: The Relocation Assistance Rules and Guidelines summarize the State law and State regulations governing relocation assistance available to persons displaced by the a govemment agency's acquisition of real property and provide a useful procedure for insuring that the City's obligations under the relocation statutes and regulations is carried out in accordance with the law. FISCAL liVI PACT: Adoption of the guidelines do not increase any fiscal; impacts to the City that are not already required by State Law. p:~forms~city clerk forms~staff repod - shell 1 RELOCATION ASSISTANCE RULES AND GUIDELINES OF THE CITY OF TEMECULA THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 93290 11086\0007\612054.1 (.doe) (100) A. RELOCATION ASSISTANCE RULES AND GUIDELiNES GENERAL (101) PURPOSE AND iNTENT The purpose of these Relocafion Assistance Rules and Guidelines ("Rules" herein) is to implement the California Relocation Assistance Law (Government Code, Section 7260 et seq.) and the Guidelines adopted by the California Department of Housing and Community Development. The intent is to provide consistent relocafion policies and procedures to ensure that relocation payments and assistance provided by the City of Temecula (the "City") will be administered in a fair, reasonable, and uniform manner and to assure that payments will be made as promptly as possible to persons and businesses displaced as a result of the acquisition of real property in a redevelopment project area. (102) EXTENT OF RELOCATION PAYMENTS Towards the goal of achieving the maximum number of successful relocations, the City has adopted certain supplemental relocation policies by these Rules which augment state required relocation benefits (to wit, a Business Supplement Payment Policy, and a Last Resort Housing Policy). Eligibility for specific payments under these supplemental policies shall be subject to case-by- case determinations by the City and to binding and limiting requirements established by the City. To be eligible, displaced persons must, prior to their move, receive written notification of such eligibility from the City. Full documentation, as required by these supplementary policies, must be provided to the City in advance for a determination as to displaced persons' eligibility for payments and the amount of any such payments. When a displaced person assigns representation'to a third party, all requirements for prior City determination of eligibility and for submission of specified documentation remain in force. Failure to comply with these requirements may result in the displaced person's forfeiture of payments under any of these supplementary policies. In addition, the City may make any additional relocation payments to the fullest extent legally allowable which in the City's sole and absolute opinion may be reasonably necessary to carry out the purpose of a plan for any Redevelopment Project. Such payments shall be subject to the availability of funds for such purpose. (103) AUTHORITY AND APPLICABILITY These Rules are proposed to be adopted by resolution of the City pursuant to Section 7267.8 (a) of the California Government Code and are consistent with the Califomia Relocation Assistance and Real Property Acquisition Guidelines as -2- 11086\0007\612054.1 (.doe) D, amended. They are applicable to all displacement occurring after their adoption by the City. These adopted Rules and specifically, the supplemental programs, aire not intended to be applied retroactively. However, at the City's sole discretion, on a case-by-case basis, they may extend eligibility for payment under the adopted supplemental programs when an initiation of negotiations has been made and displacement has not occurred. (104) DEFINITIONS 1. Acquisition: Obtaining ownership or possession of real property by the City by purchase, eminent domain, or any other lawful means. 2. Affordable Rent: Rent not in excess of 25% of the gross income of the occupant, person or family and not in excess of market rent. 3. City: The City of Temecula. 4. Average Annual Net Earnings: One-half of the net eamings of the business or farm operation before federal, state, and local income taxes, during the two taxable years immediately preceding the taxable year of displacement or such other period as may be determined by the City or its designee to be more equitable for establishing such earnings, and includes salaries, wages, or other compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. In the case of a corporate owner, eamings shall include any compensation paid to the spouse or dependents of the owner of a majority interest in the corporation. For the purpose of determining majority ownership, stock held by a husband, a wife and their dependent children, shall be treated as one unit. 5. Business: Any lawful activity, "lawful" being defined as in compliance with the Temecula Municipal Code and all applicable state and federal laws, except a farm operation, conducted primarily: -3- 11086\0007\612054.1 (.doe) For the purchase, sale, lease or rental of personal and real property, and for the manufacture, processing or marketing of products, commodities, or any other personal property; b. For the sale of services to the public; c. By a non-profit organization or association; or Solely for the purpose of Section 400 of these Rules, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display, whether or not such a display is located on the premises on which any of the above activities are conducted. For definition of "small Business" see this section 104, subparagraph 34. 6. Business Premises: The location occupied by a business to conduct a lawful business activity. 7. Comparable Replacement Dwelling: A dwelling which satisfies each of the following standards: Decent, safe and sanitary (as those terms are defined in this section 104, subparagraph 12) and functionally similar to the acquired dwelling with respect to the number of rooms, state of repair, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to accommodate the displaced person. In an area not subject to unreasonable adverse environmental conditions from either natural or man-made sources, and not generally less desirable than the location of the acquired dwelling with respect to public utilities and public and commercial facilities, and reasonably accessible to the displaced person's present or potential place of employment. Available on the private market to the displaced person and available to all persons regardless of race, color, religion, sex, marital status, or national origin in the manner consistent with Title VIII of the Civil Rights Act of 1968. -4- 11086\0007X612054.1 (.doe) 10. tl. In the case of a displaced person who is a renter, within the financial means of the displaced person. A replacement dwelling is within the financial means of a displaced person if the rental cost (including utilities) does not exceed 25% of the person's average monthly income, or the displaced person receives the maximum rental assistance payment of $5,250. In the case of a displaced person who is an owner, a replacement dwelling is considered within the financial means of a displaced person if the purchase price of the dwelling, including related increased mortgage interest costs and other reasonable expenses, does not exceed the total of the amount of just compensation provided for the dwelling acquired, or the displaced person receives the maximum replacement housing payment of $22,500. Condominium: An estate in real property which consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. A "condominium" is more particularly described in Sections 703 and 1351 (f) of the California Civil Code. Conventional Loan: A promissory note secured by a trust deed or mortgage made by a bank or. savings and loan association. A conventional loan is not insured or guaranteed by the City or the state or federal government. Date of Acqui sition: The date the City obtains ownership and possession of property by lawful means, i.e., conveyance and recordation of title, or Order for Prejudgment Possession. Date of Initiation of Negotiations: The day on which the City makes its initial written offer to the owner or the owner' s representative to purchase the real property for a project for the amount determined to be just compensation, or the day on which the City adopts an Owner Participation Agreement, where applicable. -5- 11086\0007X612054.1 (.doe) 12. Decent, Safe and Sanitary Dwelling: Housing in sound, clean and weathertight condition, in conformance with applicable state and local building, plumbing, electrical, housing and occupancy codes, which meets the following minimum standards: a. Single-Family Dwellings, Apartments, Condominiums (1) Conforms with all applicable provisions for existing structures that have been established under state or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations applicable to the property in question. (2) Has a continuing and adequate supply ofpotable safe water. (3) Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to hot and cold water, and a sewage disposal system. The kitchen or kitchen area shall have utility service connections and adequate space for the installation of a stove and refrigerator. (4) Has an adequate heating system in good working order which will maintain a minimum temperature in the living area as conforms to local environmental conditions. (5) Has a bathroom, well-lighted and ventilated and affording privacy to a person within it, containing a lavatory basin and a bathtub or shower stall, properly connected to an adequate supply of hot and cold running water, and a flush water closet, all in good working order and properly connected to a sewage disposal system. (6) Has provision for artificial lighting for each room. (7) Is structurally sound, in good repair and adequately maintained. (s) Each building used for dwelling purposes shall. have two safe nnobstmcted means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to two means of egress to open space at ground level. In buildings of three stories or mores the common corridor on each story must have at least two means of egress. (9) Every sleeping room shall contain not less than 90 square feet of floor area and at least one window opening to the outside. If more than two persons occupy the room, an additional 60 square feet of -6- 11086\0007\612054.1 (.doe) floor area shall be required for each additional person. Except for a married couple (unless otherwise desired by the couple), and children under 6 years of age, all occupants of a sleeping room should be of the same sex. b. Light Housekeeping Rooms (1) The standards for decent, safe, and sanitary housing as applied to the rental of sleeping rooms shall include the minimum requirements contained in subparagraphs (1), (4), (6), (7), and (8) above, and the following: (a) at least 90 square feet of habitable floor space; and, further, that occupancy of such facility is limited to one person. (b) lavatory and toilet facilities that provide privacy, including a door that can be locked if such facilities are separate from the room. 13. Displaced Business: Any business which qualifies as a displaced person under Paragraph 14 below. 14. Displaced Person: Any person who moves from real property, or who moves his personal property from real property, as a result of: The acquisition of real property in whole or in part, by the City or by any person having an agreement with or acting on behalf of the City; or b. The receipt of a written notice from the City to vacate the real property, or c. The initiation of negotiations by the City to acquire the real property. The rehabilitation, demolition, or other displacing activity as the City may prescribe under a program or project undertaken by the City, of real property on which the person is a residential tenant or conducts a business or farm operation, in any case in which the City determines that the displacement is permanent. This definition shall be construed so that persons displaced as the result of public action receive relocation benefits in cases where they are displaced as a result of an agreement with the City including, but not limited to, an owner participation agreement, a disposition and development agreement, or an acquisition carried out by a private person for or in connection with a -7- 11086\0007\612054.1 (.doc) 15. 16. 17. public use where the City is otherwise empowered to acquire the property to carry out the public use. Except tenants or occupants of housing made available on a permanent basis by the City, a "displaced' person shall not include: (. 1 ) any person who, at the time of the City's acquisition of the real property, was not a tenant or occupant in lawful possession of the real property, and whose fight of possession at the time of moving arose after the date of the City' s acquisition of the real property and with knowledge of such acquisition; or (2) unless federal law or regulations require such a tenant to be considered a displaced person, any nonresidential tenant or occupant who moves as a result of his breach of-his tenancy agreement. A utility which relocates its poles, posts, wires, conduits, cables, pipes, lines and necessary fixtures and equipment located in, along, or ander any public street, road or highway as the result of activities in the implementation of a redevelopment plan is not a displaced person. Dwelling: The place of permanent or customary and usual residence of a person, including a single family dwelling, a single family unit in a two family dwelling, multi-family or multipurpose dwelling unit of a condomirdum or cooperative housing project, nonhousekeeping unit, a mobilehome, or any other residential unit which either is considered to be real property under state law or cannot be moved without substantial damage or unreasonable cost. A residence need not be decent, safe and sanitary to be a dwelling. Economic Rent: The amount of fair market rent a tenant or homeowner would have to pay for a dwelling similar to the acquired dwelling in a comparable area. Family: Two or more individuals, one of whom is the head of a household, who by blood, marriage, adoption or mutual consent live together as a family unit. Where two or more individuals occupy the same dwelling with no identifiable head of household, they shall be treated as one family for replacement housing payment purposes. 18. Farm Operation: Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and -8- 11086\0007\612054.1 (.doe) 19. 20. 21. customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator' s support. Gross Income: The total annual income from all sources of each member of a family residing in a dwelling who is eighteen (18) years of age or older except that income of a head of household or his or her spouse who is under eighteen (18) years of age, shall also be included. Gross income shall be calculated on the basis of the 12-month period immediately prior to displacement. If the City determines, on a case-by- case basis, that the use of the 12-month period prior to displacement would result in a hardship to the claimant, an alternate period, actual or projected, may be used at the City's sole and absolute discretion. Handicapped Households: A household in which any member is handicapped or disabled. Incidental Expenses: Necessary and reasonable costs actually incurred by a displaced person for closing costs incident to the purchase of a replacement dwelling and legally required or customarily paid by a buyer, as follows: a. legal closing and related costs, including those for title search, preparing conveyance instruments, notary fees, preparing surveys, and recording fees. b. lender, FRA, or VA application and appraisal fees. c. loan origination or assumption fees that do not represent prepaid interest. d. certification of structural soundness and termite inspection, when required. e. credit report. f. owner's and mortgagee's evidence or assurance of title; e.g., title insurance not to exceed the costs for a comparable replacement dwelling. escrow agent' s fee. such other costs as the City determines to be incident to the purchase. 22. Mobilehome: -9- 11086\0007\612054.1 (.doc) 23. 24. 25. 26. A structure, transportable on a street or highway under permit and pursuant to Section 35790 of the vehicle Code in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. A self-propelled vehicle is not a mobilehome. A mobilehome does not include a recreational or commercial vehicle. Mortgage: Such classes of liens (including deeds of trust) as are commonly given to secure advances on, or the unpaid purchase price of, mat property, together with the credit instruments, if any, secured thereby. Nonprofit Organization: A corporation organized under the provisions of the Nonprofit Corporation Law of the State of Califomia (Corporation Code Section 5000 et seq.); or An entity organized as a nonprofit organization under the laws of a state other than California and qualified to do business as a nonprofit organization in the State of California; or An unincorporated association or organization of natural persons for religious, scientific, literary, educational, recreational, benevolent, or other purpose not that of pursuing profit. Notice of Intent to Displace: A written Notice of Intent to Displace is issued by the City to occupants within a reasonable period of time subsequent to the City's initiation of negotiations to purchase a property. The Notice of Intent to Displace establishes eligibility for relocation benefits prior to acquisition by the City. Owner: For a dwelling, "owner" means a person who: holds fee title, a life estate, a 50-year lease, or a lease with not less than 20 years (including options for renewals or extensions) to run from date of acquisition; holds a proprietary interest in a cooperative housing project which includes the fights of occupancy of a dwelling unit therein; -10- 11086\0007\612054.1 (.doc) c. is the contract purchaser of any of the foregoing estates or interests; has a leasehold interest with an option to purchase, the exercise of which has not been waived or barred; or owns a mobile home which under state law is determined to be real property, not personal property. has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law. For a business, an "Owner" includes: a. the sole proprietor of a sole proprietorship; b. the partners owning a majority interest in a partnership; c. the shareholders owning the majority of issued shares in a corporation. In determining the majority of partners and shareholders, any shares or parmership owned by a husband, wife and/or their dependents shall be treated as one holding or unit. 27. Person: Any individual, family, partnership, corporation, association, or nonprofit organization. 28. Personal Property: Tangible property which is situated on the real property vacated or to be vacated by a displaced person and which is considered noncompensable (other than for moving expenses) under the Eminent Domain Law of the State of California; and, In the case of a tenant, personal property" includes fixtures and equipment, and other property which may be characterized as real property under state or local law, but which the tenant may lawfully, subject to the City's prior written authorization, determine to move, and for which the tenant is not compensated in the real property acquisition. In the case of an owner of real property, the determination as to whether an item of property is personal or real shall depend upon how it is identified in the acquisition appraisals and the closing or settlement statement with respect to the real property acquisition; provided, that no item of property which is compensable under state and local law to the owner of real property in the real property acquisition may be treated as tangible personal property in computing actual direct losses of tangible personal property. 29. Post Acquisition Tenant: 11086\0007\612054.1 (.doe) -11- 30. 31. 32. 33. 34. 35. 36. Any tenant who, after the Date of Acquisition, lawfully enters into possession c~f said property owned by the City. Prepaid Expenses: Items paid in advance by the seller of real property and prorated between such seller and the buyer of such real property at the close of escrow including, but not limited to, real property taxes, insurance, homeowners' association dues and assessment payments. .Project Area: The area included in any Redevelopment Plan adopted by the City pursuant to Section 33000 of the Health and Safety Code. Reasonable Cost: The reasonable cost of any item or service shall be subject to the City's criteria for an acceptable bid process. On a case-by-case basis, the City may establish the number of competitive bids required. Senior Citizen: A household in which the head of household or spouse is 62 years of age or older. Small Business: A business having at least one but not more than 500 employees working at the site being acquired or permanently displaced by a program or project. Stated Mortgage Interest Rate: The annual percentage rate on a loan secured by a mortgage or deed of trust as set forth in the mortgage, deed of trust or other security instrument evidencing the loan. Tenant: A person or business who enters and lawfully occupies premises, including a residential dwelling, owned by another, with the express permission of the owner and on a temporary basis. A tenant need not have a written rental agreement or lease to be a tenant. (105) CITIZEN PARTICIPATION Persons who will be displaced by a project and neighborhood groups in the displacement area will be encouraged to review the relocation plan (prepared in -12- 11086\0007\612054.1 (.doe) accordance with the provisions of Section 203) and to participate in monitoring the relocation program. The City shall ensure public access to all documents relevant to the relocation program. The City may, however, restrict access to material where its confidentiality is protected by law or its disclosure is prohibited by law. The City shall also provide technical assistance in interpreting the relocation plan or other materials pertinent to the relocation program. The public shall have the right to submit written or oral comments on the plan and to have these comments attached to the plan when it is submitted to the City for approval. The City shall reply promptly in writing to any written objections to the plan. (106) PRIORITY OF FEDERAL LAW These rules and regulations are designed to serve as a basis for administration of relocation activities governed by state law. They are not intended to guide relocation activities subject t0 federal requirements. The City will provide a relocation program consistent with provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. Section 460]. et seq.) as amended at the time of project implementation if the City undertakes a project with federal financial assistance. Therefore, the provisions of these rules and regulations shall not apply if the City undertakes a project with federal financial assistance and consequently must provide relocation assistance and benefits as required by federal law. If an obligation to provide relocation assistance and benefits is not imposed by federal law, the provisions of these rules and regulations shall apply. If a project is federally funded in whole or in part, then the guidelines will be utilized only in areas where they conform to the federal guidelines. In all other instances the federal guidelines will prevail as same or periodically amended. G. (107) SEVERABILITY If any provision of these rules and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this law which can be given effect without the invalid provision or application, and to this end, the provisions of this law are severable. H. (108) AMENDMENTS The City reserves the right to amend these rules, regulations, procedures and policies at its sole discretion, from time to time. -13- 11086\0007\612054.1 (.doe) II. (200) RELOCATION ASSISTANCE ADVISORY PROGRAM A. (201) ADVISORY ASSISTANCE TO BE PROVIDED BY THE CITY The City shall provide relocation advisory assistance to any person or business displaced because of the acquisition of real property by the City to minimize the hardship of displacement. Relocation advisory assistance will: Fully inform eligible persons within 15 days following the initiation of negotiations for a parcel, or as soon as practical within a masonable period of time, as to the availability of relocation benefits and assistance and the eligibility requirements thereof or, as well as the procedures for obtaining such benefits and assistance. Determine the extent of the need of each such eligible person for relocation assistance. Assure eligible persons that within a reasonable period of time prior to displacement there will be available comparable replacement housing sufficient in number and kind for, and available to, such eligible persons. Provide current and continuing information on the availability, prices, and rentals of comparable sales and rental housings and of comparable commercial properties and locations,, and as to security deposits, closing costs, typical down payments, interest rates, and terms for residential property in the area. Assist each eligible person to complete applications for payments and benefits. Assist each eligible, displaced person to obtain and move to a comparable replacement dwelling. Assist each eligible displaced business in locating a suitable replacement facility. Provide any services required to insure that the relocation process does not result in different or separate treatment on account of race, color, religion, national origin, sex, marital status or other arbitrary circumstances. Supply to such eligible persons information concerning federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or state programs, offering assistance to displaced persons. -14- 11086\0007X612054.1 (.doc) 10. Provide other advisory assistance to eligible persons in order to minimize their hardships. It is recommended that, as needed, such assistance include counseling and referrals with regard to housing, financing, employment, training, health and welfare, as well as other assistance. 11. Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the project, which policies shall be in accordance with the provisions of Section 207. 12. When a substantial number of persons will be displaced and the relocation staffs office is not easily accessible to those persons, the City may, but is not required to,, establish one or more appropriately equipped site off ice(s)- (202) ELIGIBILITY Relocation assistance and benefits shall be available to: Any person or business in lawful occupancy who moves from real property, or who moves his personal property from real property as a result of City acquisition of such real property, in whole or in part, or by any person having an agreement with or acting on behalf of the City; Any person or business in lawful occupancy who moves from real property, or who moves his personal property from real property as a result of a written order from the City to vacate such real property for public use; or, Any person or business in lawful occupancy who moves from real property, or who moves his personal property from real property as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the City is otherwise empowered to acquire such property to carry out the public use. (203) RELOCATION PLAN As soon as possible following the initiation of negotiations to acquire property or the adoption of an owner participation agreement, and prior to proceeding with any phase of a project or other activity that will result in significant residential displacement, the City shall prepare a Relocation Plan and submit it to the City Council. When the City' s action will only result in an insignificant amount of non-residential displacement, the requirements of this section need not be satisfied. 2. A Relocation Plan shall include the following: -15- 11086\0007\612054.1 (.doe) a. a diagrammatic sketch of the project area., b. projected dates of displacement. c. a written analysis of the aggregate relocation needs of all persons to be displaced and a detailed explanation as to how these needs are to be met. d. a written analysis of relocation housing resources e. a detailed description of the relocation advisory services program, including specific procedures for locating and referring eligible persons to comparable replacement housing. f. a description of the relocation payments to be made (.pursuant to Sections 300 and 400) and a plan for disbursement. g. a cost estimate for carrying out the plan and identification of the source of the necessary funds. h. a detailed plan by which any last resort housing is to be built and financed. i. a standard information statement to be sent to all persons to be displaced (as required by Paragraph 3 of Section 204). j. temporary relocation plans, if any. k. a description of claim and payment procedures. 1. plans for citizen participation. m. the comments of the relocation committee, if any. n. a written determination by the City that the necessary resources will be available as required. 3. In the event of delay of implementation of the relocation program, the plan shall be updated annually. D. (204) iNFORMATIONAL PROGRAM 1. General Information The City shall provide technical assistance as necessary to interpret elements of the City's Relocation Plan (or Rules), and other pertinent materials. -16- 11086\0007\612054.1 (,doe) Fifteen days following the initiation of negotiations or as soon as practicable following the initiation of negotiations to acquire a parcel of real property or adoption of an owner participation agreement by the City, the City shall contact each eligible person occupying such property to carefully explain and discuss fully with such person the extent of relocation payments and assistance that may be made available by the City. Such contact shall be direct and personal except where repeated efforts indicate that such contact is not possible. Such contact may be made at the time and as part of the interview to ascertain relocation needs conducted pursuant to subparagraph 1 of section 201. The City shall maintain personal contacts with occupants of the property to the maximtun extent practicable. Information Statement - Relocation Assistance As soon as practicable following the initiation of negotiations to acquire a parcel of real property or adoption of an owner participation agreement by the City, the City shall provide each occupant of such property with a written statement containing the following information: a statement that City action may result in displacement, but that to the greatest extent practicable, no person lawfully occupying the real property will be required to move without at least 90 days' written notice from the City; a statement to residents that families and individuals will not be required to move from their dwellings before reasonable offers of decent, safe and sanitary and otherwise comparable replacement dwellings within their financial means have been made, except trader limited circumstances provided for in these Rules and Regulations; a general description of types of relocation payments available, including general eligibility criteria, and a caution against prematttre moves that might result in loss of eligibility for such payments; identification of the City's relocation program and a description of relocation services and assistance that will be available; encouragement to visit the City's relocation office and cooperate with staff, and the address, telephone number and hours of the relocation office;' f. information to residents on replacement dwellings, including; -17- I 1086\0007~612054.1 (.doc) (1) a brief description of what constitutes a replacement dwelling, including physical standards; (2) a layman's description of applicable federal, state and local fair housing laws; (3) a statement that the City will identify available comparable replacement' dwellings and will provide assistance to persons in obtaining housing of their choice, including assistance in referring complaints of discrimination to the appropriate federal, state or local fair housing enforcement City; (4) a statement that persons may seek their own housing accommodations, and urging them, if they do so, to notify the City prior to making a commitment to purebase or occupy the property so that the City's representative can inspect the unit. a statement to businesses that the City will provide assistance in locating relocation accommodations, including consultation with governmental agencies which might be of assistance; a statement to businesses describing the requirement for prior notification to the City of the business concern's intention to move; i. a summary of the City's evictionpolicy; a statement describing the City's grievance procedure, its purpose and how it may be used, and information concerning its availability; k. any additional information that the City believes would be helpful. Where appropriate, separate information statements shall be prepared for residential and non-residential occupants. Language of Informational Material Informational material shall be prepared in the language(s) most easily understood by the recipients. In displacement areas where there are significant concentrations of persons who do not read, write, or understand English fluently, the native language of the people will be used and all informational material will be provided in the native language(s) and English. -18- 11086\0007\612054.1 (.doe) (205) 1. Method of Delivery of Informational Material To assure receipt of the informational material, the City shall arrange to have the material either hand-delivered to each business or head of household in the property, with a request for a written receipt, or sent by certified mall, return receipt requested. Notice of Eligibility Status In addition to disseminating general information, the City shall provide each business or head of household with individual, written notification of eligibility status as soon as practical after such time as it has been established. DETERMINATION OF RELOCATION NEEDS Interviews As soon as practicable following the initiation of negotiations to acquire a parcel of real property, or the adoption of an owner participation agreement, the City shall interview each eligible person occupying such property to obtain information upon which to plan for housing and other accommodations, as well as counseling and assistance needs. The interview shall be by direct, personal contact, except where repeated efforts indicate that such contact is not possible. The City shall carefully explain and discuss fully with each person interviewed, the purpose of the interview. When a person cannot be interviewed or the interview does not produce the information to be obtained reasonable efforts shall be made to obtain the information by other means. a. Information to be Obtained The City shall endeavor to obtain the following information from eligible persons: (1) Income; (2) Whether a person is a senior citizen or handicapped; (3) Size of family; (4) Age of children; (5) Location of job and factors limiting accessibility; -19- 11086\0007\612054.1 (.doc) (6) Area of preferred relocation; (7) Type of unit preferred; (8) Ownership or tenant preference; (9) Need for social and public services, special schools and other services; (10) Eligibility for publicly assisted housing; (11) With reference to the present dwelling; (a) the rent; (b) type and quality of construction; (c) number of rooms and bedrooms; (d) amount of habitable living space; (e) locational factors including, among others, public utilities, public and commercial facilities (including transportation and schools) and neighborhood conditions (including municipal services). (12) Such other matters that concern a household as its members contemplate relocation. Coordination with Other Agencies In order to avoid duplication of effort and to ensure that necessary information is available at the appropriate time, the City shall coordinate its interview activities with the survey activities, if any, of other agencies. Gathering of data pertinent to social service referrals of eligible persons shall be planned in cooperation with social service agencies. Interview after Person moves without Notice If the City fails to conduct the required interview of any eligible person in a timely and effective manner, the City shall make every reasonable effort to identify, locate and interview such person who has moved so that his relocation needs can be determined. The City shall offer such persons all relocation assistance and benefits for which they otherwise qualify and, in addition, shall compensate such persons for all costs occasioned by the City's failure to -20- 11086\0007\612054.1 (.doe) provide timely notice and offers of reloCation assistance and benefits. 2. Relocation Records Based on information obtained during interviews and from other sources as applicable, the City shall prepare and maintain an accurate relocation record for each person to be displaced. The record shall contain a description of the pertinent characteristics of the persons to be displaced and the assistance deemed to be necessary. A displaced person (or any person authorized in writing by such person) shall have the right to inspect such documents containing information relating to him to the extent and in the manner provided by law. 3. Updating Information Information pertaining to the relocation needs of eligible persons occupying each parcel of real property with respect to which the City has initiated negotiations for acquisition shall be updated at least annually. Eligible persons shall be encouraged to bring any change in their needs to the attention of the City. F. (206) TERMINATION OF RELOCATION ASSISTANCE The City's relocation obligations cease under any of the following circumstances: A displaced person moves to a comparable replacement dwelling and receives all assistance and payments to which he is entitled; or, The displaced person moves to substandard housing, refuses reasonable offers of additional assistance in moving to a decent, safe and sanitary replacement dwelling and receives all payments to which he is entitled; or, 3. All reasonable efforts to trace a relocate have failed; or, A displaced business concem has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations; or, A displaced business or person refuses reasonable offers of assistance payments and/or comparable replacement housing. G. (207) EVICTION Eviction from property acquired by the City shall be undertaken only for one or more of the following reasons: -21- 11086\0007~612054.1 (.doe) Failure to pay rent, except in those cases where the failure to pay is legally excused; Performance of a dangerous, or illegal act in the unit; Material breach of the rental agreement and failure to correct breach within 30 days after notice; Maintenance of a nuisance and failure to abate within a reasonable time following notice; Refusal to accept one of a reasonable number of offers of replacement dwellings; The eviction is required by state or local law and cannot be prevented by reasonable efforts on the part of the City; Failure to vacate in accordance with an .agreement with the City; Failure to obey a court order authorizing the City entity to take possession; or The building has structural defects existent at the time of acquisition by the City. -22- 11086\0007\612054.1 (.doc) III. (300) RELOCATION PAYMENTS TO DISPLACED PERSONS A. (301) GENERAL The City shall compensate a displaced person for the expenses described in Sections 302 or 303 and if eligible, Sections 304 or 305. A displaced person who lives on his business property may be eligible for both the payments described under this Article III and the payments to a displaced business provided under Article IV. A person who moves from his dwelling or who moves his personal property therefrom because he is displaced by the City from other real property on which he conducts a business shall be eligible only for payments provided for under Section 302 or 303. Applications for benefits must be made within (18) months from the date on which the displaced person moves from the real property acquired, unless such time is extended by the Executive Director of the City or his designee. Additionally, a special limitation for residential owner occupants requires that they purchase and occupy a decent, safe and sanitary replacement dwelling within one year from the later of the following: The date the displaced person receives final payment for the displacement dwelling, or in the case of condemnation, the date the full amount of estimated just compensation in deposited in court. The date the City fulfills its obligation to make available at least One comparable replacement dwelling to the displaced person. However, the City may extend the period for good cause. Also, the displaced owner and the City may agree in writing that the displaced owner may remain in occupancy of the acquired dwelling as a tenant of the City on the conditions that the displaced owner shall only be entitled to thepayment authorized by this section on the date on which the owner moves from the acquired dwelling and that the payment shall be in an amount equal to that to which the owner would have been entitled if the owner had purchased and occupied a replacement dwelling one year subsequent to the date on which final payment was received for the acquired dwelling from the City. B. (302) ACTUAL REASONABLE EXPENSES IN MOVING 1. Allowable Moving Expenses A displaced person shall be compensated for the expenses incurred in moving individuals, families, and personal property from the acquired site to the replacement site, not to exceed a distance of 50 road miles, except where the Executive Director of the City or authorized designee -23- 11086\0007\612054.1 (.doe) determines that relocation beyond this 50-mile area is justified. Such moving expenses shall include: reasonable expenses for transportation of the displaced person, family and personal property from the acquired site to the replacement site. packing and unpacking, crating and uncrating of the personal property of the displaced person and his family. storage of personal property for a period not to exceed twelve (12) months in the event the City determines that such storage is necessary in connection with relocation. insurance premiums covering the reasonable replacement value of personal property for loss or damage while in storage or transit. property lost, stolen, or damaged in the process of moving, where insurance to cover such loss or damage is not available; provided that such loss, theft, or damage is not due to the fault or negligence of the displaced person or his agents or employees and any claim for such loss or damage is supported by such documentation as may be reasonably required to support the claim. disconnection, removal, reconnection, and reinstallation of appliances and similar items of personal property not acquired as real property, including connection charges (but not deposits) imposed by public utilities for starting utility service. (303) PAYMENTS 1N LIEU OF ACTUAL REASONABLE EXPENSES IN MOVING Any displaced person who moves from a dwelling and who elects to accept payments authorized by this Section 303 in lieu of the payments authorized by Section 302, shall receive: A moving expense allowance, according to an established schedule, of a minimum of $225, depending upon the number of rooms occupied and amount of furniture to be moved. The City's established moving schedule is as follows: Occuoant Owns Furniture 1 room of furniture: $ 250 2 rooms offumiture: $ 400 3 rooms of furniture: $ 550 4 rooms of furniture: $ 650 -24- 11086\0007X612054.1 (.doe) D. (304) 5 rooms of furniture: 6 rooms of furniture: 7 rooms of furniture: 8 rooms of furniture: Each additional room: $ 750 $ 850 $ 950 $1,050 $ 100 Occuoant Does Not Own Furniture First room: $ 225 Each additional room: $ 35 A person who has minimal personal possessions and is in occupancy of a room shared by two or more unrelated persons, or a person whose residential move is performed by the City at no expense to that person is only entitled to a maximum fixed payment of $50.00. If two or more displaced persons are joint occupants of one dwelling unit and submit more than one claim, an eligible claimant for a payment under this Section 303 may be paid only his reasonable prorated share (as determined by the City) of the total payment applicable to a single tenant. The total of the payments made to all such claimants moving from the dwelling unit shall not exceed the total payment allowed to be made to a single tenant as provided in this section. REPLACEMENT HOUSiNG PAYMENTS FOR DISPLACED OWNER OCCUPANTS Eligibility In addition to the payments required by Sections 302 or 303, the City shall make a payment to a displaced person whose real property is improved with a dwelling actually owned and occupied by the displaced person f or not less than 180 days prior to the date of initiation of negotiations for the acquisition of the property. The payment made pursuant to paragraph 2 of this Section 304 shall be made only to a displaced person who purchases a replacement dwelling, and who occupies it within one year from the later of the following: the date on which final payment is received from the City for the displacement dwelling (or in the case of condemnations the date the amount of estimated Just compensation is deposited in the court), the date the City fulfills its obligation to make available at least one comparable replacement dwelling. -25- 11086\0007X612054.1 (.doe) Where for reasons of hardship and beyond the control of such displaced person, such person is unable to occupy the replacement dwelling within the above time limit, the City or its designee may waive this time limit, and grant a reasonable extension. Additionally, to qualify for this payment, the replacement dwelling must be considered decent, safe and sanitary. For the purposes of this Section 304, the leasing of a condominium for a 50-year period, or for a term which exceeds the life expectancy of the displaced person (as determined from the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education and Welfare),, shall be deemed a purchase of a condominium. A displaced person who is ineligible for a replacement housing payment pursuant to the requirements oftMs section may be eligible for a replacement housing payment under Paragraph E of Section 305. Amount and Computation of Replacement Housing Payment for Displaced Owner-Occupants The total replacement housing payment to be made to a displaced person shall not exceed Twenty-two Thousand Five Hundred Dollars ($22,500.00), and shall be comprised of payments set forth below: a. Differential Payments The Executive Director of the City, or his designee, shall determine the amount, if any, which, when added to the acquisition payment equals the reasonable cost (including incidental expenses associated therewith) of a comparable replacement dwelling, provided that such amount shall not exceed the difference between the acquisition price of the acquired dwelling and the actual purchase price of the replacement dwelling. If the displaced person voluntarily purchases and occupies a decent, safe, and sanitary dwelling at a price less than the acquisition price of the acquired dwelling, no differential payment shall be made. However, the displaced person may receive compensation as provided in subparagraphs b and c of this Section 304. The following methods may be used in determining the differential payment: (1) Schedule Method The City may base its payments on a schedule, which the City establishes, of reasonable acquisition costs for a comparable replacement dwelling based on a current market analysis sufficient to support determinations of the amount for the type of dwelling to be acquired; or -26- 1 I086\0007\612054. I (.doe) (2) Comparative Method The City may use a comparative method on which to base its payment by selecting a dwelling or dwellings most representative of the dwelling unit acquired, available to the displaced person, and which meets the definition of a comparable replacement dwelling. A single dwelling shall be used only when additional comparable dwellings are not available; or (3) Alternate Method The City may develop criteria for computing the replacement housing payments where neither the schedule method nor comparative method is feasible. Increased Mortgage Interest Payment The Executive Director of the City or his designee, shall determine the amount, if any, which will compensate the displaced owner for any increased interest costs which the owner is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the City was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling. All of the mortgages on the acquired dwelling shall be used to compute the payment. The amount shall be computed using the lesser of the principal balance of the mortgage on the replacement dwelling or the outstanding principal balance of the mortgage on the acquired dwelling, and the lesser of the remaining term on the acquired dwelling or the actual term of the new mortgage. The present value of the increased interest costs shall be computed based on the lesser of the prevailing interest rate or the actual interest rate on the replacement property. The amount shall also include other reasonable debt service costs incurred by the displaced owner. For the purposes of this subdivision, if the replacement dwelling is a mobilehome, the term "mortgage" shall include those liens as are commonly given to secure advances on, or the unpaid purchase price of, mobilehomes, together with the credit instruments, if any, secured thereby. -27- 11086\0007\612054.1 (.doe) c. Incidental Expense Payment The City, or its designee, shall determine the amount, if any, necessary to reimburse a displaced person for actual reasonable expenses incurred by the displaced owner-occupant incident to the purchase of a replacement dwelling. Such costs may include the following: (1) legal closing and related costs, including those for title search, preparing conveyance instruments, notary fees, preparing surveys, and recording fees. (2) lender, FHA, or VA application and appraisal fees. (3) loan origination or assumption fees that do not represent prepaid interest. (4) certification of structural soundness and termite inspection, when required. (5) credit report. (6) owner's and mortgagee's evidence or assurance of title; e.g., title insurance not to exceed the costs for a comparable replacement dwelling. (7) escrow agent'sfee. (s) such other costs as the City determines to be incidental to the purchase. In order to be considered for this type of payment, the claimant shall furnish proof of payment of actual incurred expenses in the form of a certified copy of the closing escrow statement showing separate items, receipts or statements, and/or cancelled checks. Displaced Persons Who Are Joint Owner-Occupants of a Dwelling The total amount of the replacement housing payment to be made to displaced persons who were joint owner-occupants of a dwelling acquired by the City shall be limited to the total amount of the payment applicable for an individual under Paragraph 2 of Section 304. Such joint owner- occupants may be paid only their respective reasonable prorated share of the total payment applicable for an individual. -28- 11086\0007X612054.1 (.doe) Replacement Housing Payments for Displaced Owner-occupants - Special Exemption The City, at its sole discretion, may make a determination to waive the calculation procedures for a Replacement Housing Payment of up to $22,500. However, the requirement for owner occupant eligibility, including the 180 day occupancy prior to initiation of negotiations, must be fulfilled. The Executive Director of the City or his designee, in compliance with Section B 102 - Extent of Relocation Payments, may make a determination that the $22,500 maximum payment will be approved subject to the consummation of an acquisition agreement which finalizes the City's acquiring the property. (305) REPLACEMENT HOUSING PAYMENTS FOR DISPLACED TENANTS AND OTHERS 1. Eligibility In addition to the payments required by Section 302 or by Section 303, the City shall make a payment to a displaced person who has actually and lawfully occupied the dwelling from which he is displaced for not less than ninety (90) days prior to the date of the initiation of negotiations by the City for acquisition of such dwelling, and who is not eligible to receive the replacement housing payment provided under Paragraph 2 of Section 304. Amount and Computation of Replacement Housing Payment for Displaced Tenant and Others A replacement housing payment for tenants and certain others may be in an amount not to exceed $5,250 and may be either (a) a payment to assist a displaced person in the rental of replacement housing for a period not to exceed four years; or (b) a payment to assist a displaced person in making a downpayment toward the purchase of replacement housing. The amount of the payment shall be computed in accordance with the instructions set forth in these regulations. Rental Assistance Payment The rental assistance payment shall be computed by taking the lesser of either the replacement housing rent (including utilities) or the comparable monthly rent (including utilities), minus the lesser of either the displacement rental rate (including utilities) or ability to pay (254 of gross monthly household income). The difference is multiplied by 48 (months) to determine the total amount of the payment. The maximum payment under this section is $5,250. The payment may be made monthly, -29- l 1086\0007\612054.1 (.doe) annually, or in a lump sum according to the determination of the City. The displacement rental rate shall be: The average monthly rent paid by the displaced person for the 3- month period prior to the date of the initiation of negotiations; or The average monthly rent during such 3-month period for similar dwellings in an area not generally less desirable than that of the dwelling from which such person was displaced (hereinafter referred to as the "economic rent") in the event: (1) The average monthly rent paid by the displaced person is found by the City or its designee to be substantially higher or lower than the economic rent; or (2) The displaced person was the owner of the dwelling from which he was displaced. The comparable monthly rent shall be the amount determined by the City's designee using either of the following methods: (1) Schedule Method hi accordance with a schedule to be established from time to time by the City's designee which establishes the average monthly rent for comparable replacement housing which are available in the private market for the various types of dwellings to be acquired; or (2) Comparative method On a case by case basis by determining the average month' s rent for one or more dwellings which have been selected by the City or by the displaced person with the approval of the City, and which are more representative of the acquired dwelling and meet the definition of comparable replacement housing. In calculating all monthly rents, the City will include as a component of rent the cost or estimated cost of utilities to the tenant, but not including telephone service. 4. Downpayment Assistance hi the event the, displaced person elects to purchase instead of rent a replacement dwelling, an amount not to exceed $5,250 shall be paid to the -30- 11086\0007\612054.1 (.doe) displaced person to make a downpayment and to cover incidental expenses on the purchase of a replacement dwelling. Downpayment assistance shall be based upon the difference between the rent of a comparable unit minus the lesser of either the rent of the displacement dwelling or ability to pay (25% of gross monthly household income), whichever is less, times 48 months, plus Expenses incident to the purchase of a comparable replacement dwelling as set forth in Section 304. The total of a and b above may not exceed $5,250. Whenever possible, the full amount of a Downpayment Assistance payment under this Section shall be applied to the purchase price and incidental expenses incurred through the purchase of the replacement dwelling. Limitations and Disbursement of Replacement Housing Payment to Displaced Tenants and Others a. Joint Occupants The total amount of the replacement housing payment to be made to displaced persons who were joint occupants of a dwelling acquired by the City shall be limited to the total amount of the payment applicable for an individual under Paragraph 2 of Section 305. Such joint occupants may be paid only their reasonable prorated share of the total payment applicable for an individual, as determined by the Executive Director of the City. b. Disbursement of Rental Replacement Housing Payments When the City has determined the amount of the rental assistance payment to which the displaced person is entitled and has verified that the displaced person' occupies a decent, safe and sanitary replacement dwelling, payment shall be made to the displaced person. The initial payment shall be made in a lump sum, unless the person requests disbursement on another basis. If the displaced person requests such in writing, the City shall make arrangements f or payment in annual or more frequent installments. -31- 11086\0007\612054.1 (.doc) IV. (400) RELOCATION PAYMENTS TO THE DISPLACED BUSINESSES The City shall compensate the owner of a displaced business for eligible expenses described in Sections 401,402, 403,404, and 405, or in Section 406. In the event that a displaced business is represented by a third party consultant, the displaced business must provide the City with written authorization to direct all communications with said third party consultant, and further claimant must assme the responsibility of obtaining all pertinent information from the third party consultant and relieve the City from any and all liability arising from the consultant's failure to communicate with the displaced business. A. (401) ACTUAL REASONABLE MOV1NG EXPENSES 1. Allowable Moving Expenses An owner of a displaced business shall be compensated for the expenses incurred, and to be determined in advance, in moving the personal property of the displaced business a distance within 50 road miles measured from the point from which the move was made to the point of relocation. Such moving expenses shall include: transportation of the personal property of the displaced business from the acquired site to the replacement site. packing and unpacking, crating and uncrating of such personal property. storage of such personal property for a reasonable period, not to exceed twelve (12) months, in the event the City determines that such storage is necessary in connection with relocation. moving of personal property from storage, providing that a permanent relocation site has been secured within a reasonable period, not to exceed twelve (12) months and that prior written City approval has been obtained. insurance premiums covering the reasonable replacement value of personal property for loss and damage while in storage or transit. the reasonable replacement value of property lost, stolen or damaged in the process of moving, where insurance to cover such loss or damage is not available; provided that such loss, theft, or damage is not due to the fault or negligence of the displaced business or its agents or employees. disconnection, disassembly, removal, reconnection, reinstallation, reassembly, and reestablishment of machinery, equipment, and -32- 11086\0007\612054.1 (.doe) other items of personal property not acquired as real property, including connection charges, (but excluding deposits), imposed by public utilities for starting utility service. All expenses must be determined in advance of any work being done by obtaining three bids from reliable sources as approved by the City. Failure to follow this procedure may result in forfeiture or limitation of eligible payments. the cost of any license, permit, or certification required by a displaced business concern to the extent such cost is necessary to the reestablishment of its operation at a new location; provided, however, that such payment shall not include the cost of any legal or consultant fees necessary to obtain such a license, permit or certification. the reasonable cost of obtaining a Conditional Use Permit for the replacement site, subject to the City' s review and discretion. (This expense is not included in Subparagraph Ii. above.) the reasonable cost of consultants including architects, attorneys and engineers, or others deemed necessary to provide general or specialized services necessary for planning the move of personal property, moving the personal property,, or installing the relocated personal property at the replacement location. For purposes of this paragraph, and in order to avoid duplication of payment, all such services shall not be deemed necessary when they have been provided or will be provided by the City or its consultants. The necessity of services not provided by the City shall be determined by the City. Eligibility for payment for any of the above necessary services must be approved in writing by the Executive Director of the City or his designee, prior to their employment. Information on the area of expertise and the qualifications of such consultants must be provided for City review and a reasonable hourly rate or fee must be approved by the Executive Director of the City or his designee, before any costs are incurred. Otherwise such services are not reimbursable. An itemized statement of all necessary services shall be provided to the City stating the dates of such services rendered, the location where services were provided, and the name, address, and telephone number of the person or firm providing the services. relettering signs and printing replacement stationery on hand at the time of displacement that are made obsolete as a result of the move. -33- 11086\0007\612054.1 (.doe) Limitations The mount permitted to be paid for actual moving expenses for personal property of a displaced business shall be limited by the following considerations: In the event that a displaced business requests eligibility to perform a self-move, the amount of payment to be allowed pursuant to Section 401 shall not exceed the estimated cost of moving commercially. The self-move request must be approved in advance, in writing, and must be accompanied by a statement releasing the City from any and all liability in connection with the self-move. The estimated cost of moving commercially shall be based on the lowest responsible bid or estimate from at least two reputable moving firms submitted by the owner of the displaced business to the City at least 15 days prior to the move. The estimated cost of moving commercially shall include the cost (if any) of obtaining such bids or estimates. The amount to be paid shall be agreed upon in writing in advance of the move. When a claimant is represented by a consultant, the above requirements still apply. Payment shall be made by the City upon presentation of the paid, receipted and itemized bill after the claimant has moved from the premises. If this presents a financial hardship on the displaced business, the City may pay the mover directly upon presentation of an itemized bill after the displaced business has moved from the premises. In the event personal property of a displaced business to be moved is of low value and high bulk, or the cost of moving would be disproportionate in relation to the value, as determined by the Executive Director of the City or his designee, ~he payments made pursuant to Sections 401 and 403 shall not exceed the difference between the amount which would have been received for such item on liquidation and the cost of replacing the same with a comparable item available on the market. This limitation is specifically applicable in the case of moving ofjunkyards, stockpiled sand, gravel, minerals, metals and similar items of personal property. In the event the cost of moving or relocating an outdoor advertising display is determined by the Executive Director of the City or his designee, to be equal to or in excess of its in-place value, the City may elect to acquire such display as a part of the real property. In this case payment for such acquisition shall be -34- 11086\0007\612054.1 (.doe) considered final and no other payment for the display shall be made. An eligible business may request written permission of the City to sell trade fixtures and equipment which are identified as attached to the real property, and buy them back at salvage value to receive compensation based upon the value in place less the salvage value. The City may consider making such a payment if it is deemed appropriate to protect the public interest in providing a cost effective relocation program. This type of payment is subject to a case by case evaluation, at the discretion of the City. An eligible claimant shall be required to sign a waiver document to absolve the City from all risk and liability in regard to the salvaged items, and be solely responsible for all costs related to the removal of the items from the acquired property. No salvage operations shall be permitted solely for the purpose of resale to a third party. Nonallowable Moving Expenses and Losses In no instance shall an owner of a displaced business be compensated for the following: additional operating expenses incurred because of conducting business in a new location. cost of moving structures or other real property improvements (exclusive of fixtures and equipment) in which the owner of the displaced business reserved ownership, or purchased from the City, except as otherwise provided by law. improvements to the replacement business site, provided, however, that the City may compensate a displaced business for any addition, improvement, alteration or other physical change required by law or ordinance or which the City determines is necessary to the reestablishment of the displaced business. d. interest on loans to cover moving expenses. e. loss of good will. f. loss of profits. g. loss of trained employees. h. personal injury. -35- 11086\0007\612054.1 (.doc) any legal fee or other cost of preparing the application for moving and related expenses or for representing the claimant before the City. costs for storage of personal property on real property already owned or leased by the owner of the displaced business. (402) EXPENSES IN SEARCHING FOR A REPLACEMENT SITE FOR THE DISPLACED BUS1NESS An owner of a displaced business shall be compensated for the actual and reasonable expenses incurred in searching for a replacement site for the displaced business. The total amount of the payment by the City for such expenses in searching for a replacement site for the displaced business shall not exceed One Thousand Dollars ($1,000.00). All claims for reimbursement under this section must be documented to the City's satisfaction. Expenses which qualify for reimbursement pursuant to this Section 402 may include: 1. The actual expense of transportation, meals, and lodging away from home. The expense attributable to the time spent in searching for a replacement site computed on the hourly wage rate of the salary or eamings of the owner of the displaced business or his representative or employee, but not to exceed $10.00 per hour. Fees paid to a real estate broker to locate a replacement site for the displaced business, exclusive of any fees or commissions related to the purchase of such site. All expenses claimed except value of time actually spent in search must be supported by receipted bills. Payment for time spent in search shall be made on the basis of a certified statement submitted by the claimant. (403) ACTUAL DIRECT LOSSES OF TANGIBLE PERSONAL PROPERTY OF THE DISPLACED BUSINESS An owner of a displaced business shall be compensated for the actual direct loss of tangible personal property of the displaced business attributable to relocating or discontinuing the displaced business. The total amotmt of the payment by the City for such direct loss of personal property of the displaced business shall not exceed an amount equal to the reasonable expenses that would have been required to move such personal property within 50 road miles of the old location, as determined by the Executive Director of the City or his designee. Subject to said limitation, the actual direct loss of personal property shall be computed and based on an appraisal obtained by either the City or the owner of the displaced business (and approved by the other) of either: -36- 1 i086\0007\612054.1 (.doe) The in-use value of the personal property minus the net proceeds received from the sale of such personal property (as approved by the City prior to undertaking a sale of the items); or The in-use value of the personal property in the event the property carmot be sold and is abandoned and is not promptly replaced with a comparable item of property, subject to City review and authorization. The cost of removal of the personal property which is sold or abandoned shall not be considered as an offsetting charge in determining the amount of the actual direct loss of such personal property. In order to obtain a payment for the actual direct loss of an item of personal property, the owner of the displaced business shall make a bona fide effort to sell the item of personal property for which the loss is claimed at the highest price offered after reasonable efforts have been made over a reasonable period of time to interest prospective purchasers. If the net proceeds from the sale are less than the in-use value, the difference between the net proceeds and the in-use values shall be the amount of actual direct loss of the item of tangible personal property. (404) BUSINESS REESTABLISHMENT PAYMENT An owner of a small business (as defined in Paragraph D of Section 104) who chooses to move his business and not elect to receive a Payment In Lieu of Moving and Related Expenses as described in Section 406 below may be eligible to receive an additional payment; not to exceed $10,000, for expenses actually incurred in relocating and reestablishing such small business, farm, or nonprofit organization at a replacement site. Payment under this Section 404 is subject to City evaluation, on a case by case basis. 1. Eligible Expenses Reestablishment expenses must be reasonable and necessary, as determined by the City. The following general categories of entitlements are available for consideration: Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. Construction and installation costs for exterior signage to advertise the business. -37- 11086\0007\612054.1 (.doe) c. Redecorating or replacement of soiled or wom surfaces at the replacement site, such as paint, panelling, or carpeting. d. Advertisement of replacement location. Increased rental or purchase costs incurred doing business during the first two years at the replacement site, but not to exceed $5,000. In general, for those who choose to rent, the payment is based upon the lesser of the replacement site rent or comparable rent, minus the greater of the base monthly rent of the acquired site or economic rent, times 24 months. For those who choose to purchase, the payment is based upon the difference between the comparable or actual replacement site rental cost (prorated to reflect the space occupied at displacement site) minus the economic rent of the acquired site, times 24 months. The payment shall not exceed $5,000 and is contingent upon the business providing proof of occupancy at the replacement site for a minimum of 12 months.' If the business owner intends to apply for compensation under the Rent Differential Subsidy Payment, Section 405 below, he must first apply for compensation under this Business Reestablishment Payment. If compensation in excess of $5,000 is calculated as eligible for increased costs of operation, the maximum amount of $5,000 shall be considered under the Business Reestablishment Payment and the balance may then be considered for payment under the Business Rent Differential Subsidy. Other items which may be approved by the City, evaluated on a case by case basis, which are deemed legitimate and reasonable expenses, and directly related to the involuntary displacement and the reestablishment of the business. In no event shall total costs payable under this section exceed the $101000 statutory maximum. Ineligible Expenses The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible: Purchase of capital assets, such as office fmniture, filing cabinets, machinery, or trade fixtures. -38- 11086\0007\612054.1 (.doe) (405) 1. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. Interior or exterior mfurbishments at the replacement site which are for aesthetic purposes, except as provided in paragraph lc of this section. Interest on money borrowed to make the move or purchase the replacement property. Payment to a part-time business in the home which does not contribute materially to the household income. BUSINESS RENT DIFFERENTIAL SUBSIDY General As previously described in Section 404 above, a business owner or tenant claiming increased rental costs or required costs to purchase a replacement site, must first apply for compensation under the Business Reestablishment Payment category. Any compensation received under a Business Reestablishment Payment must be deducted from item 3a or 3b below. The business may then apply for the balance, if any, as a Business Rent Differential Subsidy. Eligibility The owner of a displaced business who has owned, occupied, or operated from the business facility which is acquired by the City for a period of at least one year prior to the initiation of negotiations for the acquisition of the business facility or real property may file claim for a Business Rent Differential Subsidy payment. An owner of a displaced business is eligible for a rent differential subsidy payment when he rents or purchases a comparable replacement business facility. The phrase comparable replacement business facility" as used herein shall be a business location functionally equivalent and substantially the same as the acquired facility; adequate in size to meet the needs of the displaced. business; located in an area not generally less desirable than the one in which the acquired facility is located with respect to municipal services, public utilities, and public and commercial facilities; and is available for acquisition or lease. -39- I 1086\0007\612054.1 (. doc) 3. Amount of Payment If a displaced business is eligible for a rent differential subsidy, the amount of such subsidy shall be determined as follows: For a business which has a current leaseable area of 1,000 square feet or less, an amount equal to the difference, for one year, between the current rent and the relocation site rent, up to a maximum of $10,000, whichever is less. For a business which has a current leaseable area in excess of 1,000 square feet an amount equal to the difference, for one year, between the current rent and the relocation site rent, up to a maximum of $15,000, whichever is less. Computation of Payment - Business Electing to Rent A displaced business electing to rent may be eligible for a rent differential subsidy payment for rental assistance not to exceed the amount set forth in Paragraph 3 above. The rental assistance payment shall be determined by computing the difference between the base monthly rental (as hereinafter defined) for the facility from which such business was displaced and the lesser of(l) the monthly rental for a comparable replacement facility, or (2) the actual monthly rental for the replacement facility multiplied by 12. The rental assistance payment as determined and approved by the City shall not be subject to recomputation. Said payment shall be payable in one lump sum. Payment shall not be disbursed until the claimant's physical vacation from the acquired site and the execution of a Certificate of Abandonment. The phrase "base monthly rental" as used herein shall be either the average monthly rent paid by the business for the three-month period prior to the initiation of negotiations or the "economic rent" if the business either owned the facility from which such business was displaced or was not required to pay market rent for the facility from which such business was. displaced. Economic rent as used herein shall be the average monthly rental (for the three- month period prior to the initiation of negotiations) for similar facilities in an area not generally less desirable than that of the facility from which such business was displaced. The period used to determine the base monthly rental may be longer than three months if a longer period would more accurately reflect the rent actually paid for the facility from which the displacement took place. -40- 11086\0007\612054.1 (.doe) The monthly rental for a comparable replacement facility shall be determined on a case by case basis using one or more facilities which are actually available and are determined to be most representative of the facility from which displacement occurs. Said determination shall be made by the City. Comparable facilities are selected from the general area from which the business is displaced provided that the facilities meet local building codes; are not in an area designated for prospective governmental action which may reasonably be expected to involve displacement; are not in a location subject to unreasonable adverse environmental conditions. If business facilities meeting the foregoing criteria are not available in the general area from which the business is displaced, comparable facilities shall be selected from adjacent or nearby areas in ascending order of rental cost. Computation of Payment - Business Electing to Purchase A displaced business electing to purchase may be eligible for a rent differential subsidy payment toward purchase of a replacement business facility not to exceed the amount set forth in Paragraph 3 above. The amount of the payment shall be determined by the City in accordance with the following: The amount of the payment shall be the lesser of (1) the amount required as a down payment in financing a conventional loan on the replacement facility actually purchased or (2) the amount required as a down payment in financing a conventional loan for a comparable facility. If the down payment required is less than the amount required for a conventional loan, the City may compute the payment on the basis of the amount required for financing a conventional loan provided the business utilizes the full amount of the payment to reduce the outstanding amount of the loan. The full amount of the payment must be applied to the purchase price and such payment, including incidental expenses, must be shown on the closing escrow statement. City shall determine the amount, if any, necessary to compensate the displaced business owner for expenses he incurs incidental to the purchase of the displacement business facility. Said incidental expenses shall be in addition to the amount payable in Subparagraph a above, but limited to the maximum amount set forth in Paragraph 3 above. -41- 11086\0007\612054.1 (.doe) 6. Limitation Payment of the Rent Differential entitlement shall be subject to the following minimum requirements: The displaced business executes a knowing waiver of loss of goodwill claims. Regardless of whether joint occupants displaced from a single business facility are reestablished in more than one replacement facility, the rent differential subsidy payment shall not exceed the maximum amount provided for in Paragraph 3 above. In the event of joint occupants, a prorated entitlement will be calculated based upon square f~et occupied. (406) c. The displaced business executes a lease at the replacement site for a period not less than twelve (12) months. PAYMENTS IN LIEU OF MOVING AND RELATED EXPENSES Any owner who moves or discontinues his business and who elects to accept the payment authorized by this Section 406 in lieu of the payments authorized by Sections 401 through 405 shall receive a fixed relocation payment in an amount equal to the 'average annual net eamings' of the business. If a business has no net earnings or has suffered losses during the period used to compute the average annual net earnings", it may, nevertheless, receive the $1,000 minimum payment described in Paragraph 2 of Section 406 provided that the City determines that such business is, in fact, a bona fide business and meets all of the following eligibility requirements. 1. Eligibility To be eligible for the payment authorized by Section 406, the owner of the displaced business shall make available to the City its state income tax and sales records, and/or its financial statements and accounting records, for confidential use by the City to determine the amount of the payment. No payment shall be made under Section 406, unless the City determines that (i) the business carmot be relocated without a substantial loss of its existing patronage and (2) that the business is not a part of a commercial enterprise having at least one other establishment not being acquired by the City, which is engaged in the same or similar business. Additionally, to be eligible for this payment, the business must contribute materially to the income of the displaced owner. A part-time individual or family occupation in the home which does not contribute materially to the income of the displaced owner is not eligible for this payment. -42- 11086\0007\612054. l (.doe) The determination of the loss of existing patronage shall be made by the Executive Director of the City or his designee, only after consideration of all pertinent circumstances, including but not limited to the following factors: a. the type of business conducted by the displaced business. b. the nature of the clientele of the displaced business. In connection with the relocation of a nonprofit organization, the use of the term "patronage" shall refer to the persons, community, or clientele served or affected by the activities of the nonprofit organization. In determining whether the displaced business is a part of a similar business enterprise having at least one other establishment not being acquired, or in determining whether two or more displaced legal entities constitute a single business which is entitled to only one fixed payment, the City shall consider the following factors: (1) the extent to which the same premises and equipment are shared; (2) the extent to which substantially identical or intimately interrelated business functions are pursued and the business and financial affairs are commingled; (3) the extent to which such entities are held out to the public, and to those customarily dealing with such entities, as one business; and, (4) the extent to which the same person or closely related persons own, control or manage the affairs of the entities. An outdoor advertising display shall not be entitled to the payment under Section 406, but shall be limited to the payment of moving expenses under Section 401, or the cost to replace said display, whichever is less. Amount of Payment The payment made to an owner of a displaced business pursuant to Section 406 shall be in an amount not less than One Thousand Dollars ($1,000.00) nor more than Twenty Thousand Dollars ($20,000.00). -43- 11086\0007\612054.1 (.doe) Exception: The City has adopted a special policy for displaced non-profit organizations. Any such organization which establishes their eligibility under the governing criteria will receive a fixed payment of $2,500.00. A person whose sole business at the displacement dwelling is the rental of the property to others shall not qualify for a payment under this Section 406. -44- 11086\0007\612054.1 (.doc) V. MOBILEHOMES (500) A. D, (501) PURCHASE OF MOBILEHOMES The City may pumhase mobilehomes where: The structural condition of the mobilehome is such that it cannot be moved without substantial damage or unreasonable cost; or The mobilehome is not considered to be a decent, safe, and sanitary dwelling unit and such deficiencies cannot be remedied at a reasonable cost. (502) PARTIAL ACQUISITION OF MOBILEHOME PARK Where the City determines that a sufficient portion of a mobilehome park is taken to justify the operator of such a park to move his business or go out of business, the owners and occupants of the mobilehome dwellings not within the actual taking, but who are forced to move, shall be eligible to receive the same payments as though their dwellings were within the actual taking. (503) MOBILEHOMES AS REPLACEMENT DWELLiNGS A mobilehome may be considered a replacement dwelling provided: 1. The mobilehome meets standards of decent, safe and sanitary housing, 2. The mobilehome is placed in a fixed location: in a mobilehome park which is licensed and operating under State law; or in a mobilehome subdivision wherein the displaced person owns the lot on which the mobilehome is placed; or, on real property owned or leased by the displaced person in other than a mobilehome subdivision, provided such placement is in accordance with state and local laws or ordinances, and provided such placement was made under permit from the state or local City. (504) COMPUTATION ON NEXT HIGHEST TYPE When a comparable mobilehome is not available, it will be necessary to calculate the replacement housing payment on the basis of the next highest type of dwelling that is available and meets the applicable requirements and standards, i. e., a higher type mobilehome or a conventional dwelling. "Not available" as used in -45- 11086\0007X612054.1 (.doe) this Section includes, but is not limited to, those cases where mobilehomes cannot be relocated in mobilehome parks within a reasonable distance from the place of dislocation because of lack of available spaces or because of the standards and rules of the mobilehome parks where spaces are available. (505) RELOCATION ELIGIBILITY AND PAYMENTS The eligibility requirements and general provisions of Section 300 are applicable to owners and tenants of mobilehomes. -46- 11086\0007\612054.1 (.doc) VI. LAST RESORT HOUSING (600) A. (601) AUTHORIZATION; METHODS If comparable replacement dwellings are not available to tenants or homeowners who are displaced, and the City determines that such housing cannot otherwise be made available to them, the City may use funds authorized for the project for which the real property, or interest thereof, is being acquired to provide such housing. The City may expend fimds and take such other actions as it deems necessary to provide, rehabilitate, or construct last resort housing pursuant to an approved plan for last resort housing through methods including but not limited to the following: 1. Transfer of funds to state and local housing agencies; 2. Contract with organizations experienced in the development of housing; 3. Direct development, rehabilitation or construction by the City; 4. Financing of development, rehabilitation or construction by the City; Provide payment of relocation benefits to tenants or homeowners temporarily displaced due to rehabilitation of housing, where said rehabilitation is a result of the City' s financing or direct involvement; 6. Provide housing subsidies as permitted by law. Whenever practicable, the City shall use the services of federal, state, or local housing agencies, or other agencies having experience in the administration or conduct of similar housing programs. (602) NONDISCRIMINATION; AFFIRMATIVE ACTION All contracts and subcontracts for the construction, rehabilitation or management of last resort housing shall be let without discrimination as to race, color, religion, ancestry, national origin, sex, marital status or other arbitrary circumstance and pursuant to an affirmative action program. The City shall encourage participation by minority persons in all levels of construction, rehabilitation, planning, financing and management of last resort housing. When the housing will be located in an area of minority concentration, the. City shall seek to secure significant participation of minorities in these activities. The City shall require that, to the greatest extent feasible, opportunities for training and employment arising in connection with the planning, construction, rehabilitation and operation of last resort housing be given to persons of low income residing in the area of -47- 11086\0007X612054.1 (. doc) such housing and shall determine and implement means to secure the participation of small businesses in the performance of contracts for such work. C. (603) CONFORMITY WITH STATUTES AND REGULATIONS The provision of last resort housing by the City shall be in accord with the provisions of Section 1 of the Civil Rights Act of 1866, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 19681 the Unruh Civil Rights Act, the California Fair Housing Law, and the California Environmental Quality Act of 1970, and regulations issued pursuant thereto. D. (604) MONITORING HOUSING PRODUCTION The City shall monitor the production of the last resort housing to ensure that it is in accordance with the plan for last resort housing approved by the City. (605) RETENTION OF BENEFITS UPON MOVE TO LAST RESORT HOUSING The City shall not require a displaced resident to accept last resort housing in lieu of the displaced resident's acquisition payment, if any, for the real property from which he is displaced or the relocation payments for which he may be eligible. F. (606) LAST RESORT HOUSING PAYMENTS If Last Resort Housing is to be provided by payments above the maximum Replacement Housing Payment, (as provided for in Section 300), these payments shall be administered as follows: 1. Payments to Tenants Who Rent: In administering this payment to tenants who elect to rent, the City will follow the criteria set forth below: In order to qualify for a Last Resort Housing Payment the displacee must meet the criteria established for eligibility for a Rental Assistance Payment. No owner occupant or tenant who elects to purchase a replacement dwelling unit will be eligible for the Last Resort Housing Program without the City's prior written authorization. b. The Last Resort Housing Payment will be computed as follows: (1) The amount of comparable housing (including utilities) or the amount of actual replacement housing, whichever is less, will be used as the base rent figure. -48- 11086\0007\612054.1 (.doe) (2) (3) (4) (5) (6) (7) (8) (9) From this figure, 25% of the verified income of the displaced family or person, or gross project area rent (including utilities), whichever is less, will be subtracted. The difference between items (1) and (2) will be divided into $5,250, which will result in the number of months the $5,250 Rental Assistance Payment subsidy would last. The result of Step (3) will be subtracted from 48 months, representing the Last Resort Housing subsidy period. Twenty-five percem of the income or gross project rent, whichever is greater, will be subtracted from the amount of comparable housing (including utilities) or the amount of actual replacement housing (including utilities), whichever is less. This amount will then be multiplied by the number of remaining months calculated in (Step (4) above),, resulting in the total amount of the Last Resort Housing Payment. If the displaced family or person has refused to verify or disclose income, the payment described in Section 300 will be final and no Last Resort entitlement will be available. If the balance of the computation outlined in subparagraphs (3), (4), (5) and (6) above exceeds $5,250, and if the claimant remains eligible for Last Resort Housing payments based on the criteria described in (10) below, then Last Resort Housing Payments will be made to the claimant subject to City review and discretion, on a case by case basis, as follows: (a) in a lump sum one year from the date of displacement, or (b) annually, in the amount of twelve 12 (months) times the amount calculated in Step (5) above (the subsidy required each month); or (c) at some other interval. The first annual Last Resort Housing paymere will be made on the date determined by Step (3) above (the date when the $5,250 Rental Assistance Payment is used up) and annually thereafter until the total amount of the Last Resort -49- 11086\0007\612054.1 (. doc) Housing Payment (as calculated in Step (6) above) is completely paid. (10) At the time such annual payments are made, the replacement housing will be inspected to certify that it is decent, safe and sanitary, as a condition of payment eligibility. (11) The City reserves the right to evaluate on a case by case basis, and waive the Replacement Housing Payment eligibility requirements, to permit the authorization of the Last Resort Housing Payment when the City, at its sole discretion, determines that such payment is justified. Payments to Tenants Who Purchase: Tenants who elect to purchase a replacement dwelling are not eligible for a Last Resort Housing Payment. Payments to Homeowners Who Purchase: Homeowners who elect to repurchase a replacement dwelling are not eligible for a Last Resort Housing Payment. However, the City reserves the right to authorize a payment of last resort, at their discretion, on a case-by-case basis. Such a determination will require the Executive Director or his designee to authorize payment if such payment is justified based upon Paragraph B of Section 102. -50- 11086\0007\612054.1 (.doe) VII. (700) APPEALS PROCEDURES AND ADMiNISTRATIVE REVIEW A. (701) NOTIFICATION OF CLAIMANT In the event the Executive Director of the City or his designee, denies the eligibility of a person who has made a claim for a relocation payment under these Rules and Regulations, or disapproves the full amount claimed, or refuses to consider the claim or its merits on account of an untimely filing or any other ground, the Executive Director of the City or his designee, shall, by written notice, inform the person of its determination, the reasons thereof or, and the applicable procedures for obtaining review of the determination. B. (702) RIGHT OF REVIEW Any person aggrieved by a determination as to eligibility for, or the amount of, a payment under these Rules and Regulations, may have his claim reviewed in accordance with the procedures set forth below. Any person or class of persons may seek review of any schedule with respect to payment under these Rules and Regulations. The procedures for review are as follows: 1. Review by City Designee Any person or class of persons who has a right to seek review as provided in Section 702 may request in writing that the City' s authorized designee review the matter with the person or persons making this request. Such designee may be the person who made the initial decision. After an interview with the person who made the decision, the relocatee may then request an administrative review with the person other than the person who made the initial decision. Any such person or class of persons, upon request to the City, shall be afforded the oppommity to make an oral presentation and to discuss the subject claim or claims with the City' s designee. The City's designee shall notify such person or persons in writing of his decision after reviewing and considering all masonably available evidence. Said notification shall be made within fifteen (15) days following the date on which the matter was reviewed with the person or persons making the request for review. 2. Review by Relocation Appeals Board After review of the matter by the C ity's designee and receipt of its decisions or in the event such person or class of persons has not received notification of the City designee's decision within 60 days after filing the initial request for review, the person or class of persons may file a complaint in writing with the Relocation Appeals Board established by the City. The complaint must be filed within six (6) months of the date on which the aggrieved person or class of persons received (or should have -51 - 11086\0007\612054.1 (.doc) received) notification of the City's decision. The Relocation Appeals Board will promptly hear all such complaints pursuant to rules and regulations adopted by the Reloeation Appeals Board, and shall determine if the City has complied with applicable provisions of the Califomia Community Redevelopment Law, the State Guidelines, the Relocation Rules and Regulations contained herein, and, where applicable, federal regulations. The Relocation Appeals Board shall, after a public hearing on the matter, transmit its findings and recommendations to the City members. 3. Review by City Members After a public heating by the Relocation Appeals Board, and receipt of its findings and recommendations, the City members shall conduct a hearing on the complaint, and shall give such person or class of persons at least fifteen (15) days written notice prior to hearing the matter. The final determination on review by the City members shall include, but is not limited to: the City members' decision on reconsideration of the claim or claims, and the factual and legal basis upon which its decision is based, including any pertinent explanation or rationale. The aggrieved person or class of persons shall be notified in writing of the decision of the City members within five (5) days after such decision, which decision shall be final. C. (703) REVIEW OF FILES Except for confidential material, and except to the extent specifically prohibited by law, the City shall allow the aggrieved person or persons to inspect all files and records bearing on the claim or complaint. The City may, however, impose reasonable conditions on such right to inspect its files and records. D. (704) EFFECT OF DETERMINATION ON OTHER PERSONS The principles established in all determinations by the City shall be applied to all similar cases regardless of whether or not a person has filed a written request for review. E. (705) INTERPRETATION OF RULES AND GUIDELINES These Rules and Guidelines shall be construed so as to fulfill the statutory purpose as declared in the Relocation Assistance Law of'fair and equitable -52- 11086\0007~612054.1 (.cloc) treatment' in order that displaced persons "not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole." (706) RIGHT TO COUNSEL The claimant has a right to representation by legal or other counsel at his own expense at any and all stages of the proceedings set forth in Sections 701 through 703. (707) JUDICIAL REVIEW Nothing in these Rules and Guidelines shall in any way preclude or limit a claimant from seeking judicial review or receiving a fair and impartial consideration of his claim on its merits upon exhaustion of such administrative remedies as are available to him under Section 702. -53- 11086\0007\612054.1 (.doc) VIII. REQUIREMENTS PRIOR TO DISPLACEMENT (soo) A. (801) NINETY DAY NOTICE To the greatest extent practicable,, no person lawfully occupying real properly shall be required to move from his dwelling (assuming a comparable dwelling will be available) or to move his business, without at least 90 days written notice from the City to vacate. Afier delivery of a 90-day notice to the person or business to be displaced by the City, the parties may agree in writing to a tenancy which permits a shorter notice than 90 days to terminate such tenancy and to require such person to move. If the City permits such person or business to remain on the real property acquired by the City on a rental basis for a short term or for a period subject to termination by the City on a 90-day notice, or shorter notice period, the amount of rent required shall not exceed the fair market rental value of the property to a short-term occupier. (802) PRIOR DETERMINATIONS The City will not proceed with any phase of a project that results in displacement until it has determined that: Fair and reasonable relocation payments will be provided to eligible persons as required by Sections 300 and 400 of these Rules and Regulations. A relocation assistance program offering the services described in Section 200 of the Rules and Regulations will be established. Eligible persons will be adequately informed of the assistance, benefits, policies, practices and procedures, including grievance procedures, provided for in these Rules and Regulations. Based upon recent survey and analysis of both the housing needs of persons who will be displaced, and available replacement housing and considering competing demands for that housing, comparable replacement dwellings, as defined in Paragraph 7 of Section 104 will be available, or provided, if necessary, within a reasonable period of time prior to displacement sufficient in number and size for the eligible persons who require them. Adequate provisions have been made to provide orderly, timely, and efficient relocation of eligible persons to comparable replacement housing available without regard to race, color, religion, sex, marital status, or national origin with minimum hardship to those affected. -54- 11086\0007\612054.1 (.doe) 6. A relocation plan meeting the requirements of Section 203 has been prepared. C, (803) USE OF TEMPORARY HOUSiNG Subject to the prior approval of the Executive Director or his designee, a person to be displaced from a dwelling by the City may be provided temporary housing which is not comparable replacement housing as defined in Paragraph 7 of Section 104 in the following circumstances: In cases of emergency or where such person is subject to economic hardship or conditions hazardous to his health or safety; or In extraordinary situations where, in the absence of such temporary move, the progress of the program would be substantially delayed if the following conditions are satisfied: Such temporary housing is decent, safe and sanitary and within the financial means of such person; and The Executive Director or his designee determines that within 12 months of the date of the temporary move or such longer period as deemed reasonable, comparable replacement housing meeting the criteria specified in Paragraph 7 of Section 104 will be available for occupancy by such displaced person; and, The City shall continue to furnish to all displaced persons provided temporary housing under this Section 803, all relocation assistance required or eligible under Sections 200 and/or 300. Any displaced person provided temporary housing under this Section 803 shall be entitled to actual reasonable moving expenses into both temporary and permanent housing, and may elect to receive an alternate payment under Section 303 in lieu of actual reasonable moving expenses. -55- 11086\0007\612054.1 (.doe) THE CITY OF TEMECULA iNFORMATIONAL STATEMENT FOR BUSiNESSES TO BE DISPLACED I. GENERAL iNFORMATION The City of Temecula has decided to implement a plan for the improvement of the area in which you are presently located. That plan requires the City to acquire certain properties including the one in which you are located. The City has employed the consultant firm of , to administer its relocation activities. Please be advised that is acting in the capacity of an advisory relocation agent. makes recommendations, based upon the individual circumstances which relate to your business and the potential relocation benefits which are available Actual reimbursement for any and all incurred expenses require the authorization and approval of the City. The following information will be helpful to you in determining your eligibility and the amount of your relocation benefits. We suggest you save it for reference. Whereas City acquisition of the property which you occupy may result in your displacement, if you lawfully occupy the property, you will not be required to move without at least 90 days written notice from the City. II. ELIGIBILITY REQUIREMENTS You may be eligible for relocation benefits under the following conditions: The City acquires (obtains title to) or obtains the right to possession of property in which you are located; and/or, 2. You receive a written order from the City to vacate property which you occupy. If you are otherwise eligible for relocation assistance and payments, you could disqualify yourself from some or all of' the assistance and payments by moving too soon. If you are in doubt, please call your representative with , who will set up an appointment with you. III. PAYMENT OF MOViNG AND RELATED EXPENSES Payment may be made for reasonable and necessary moving expenses and any actual direct loss of property for which no other reimbursement or compensation has been made. If eligible, payments will be made as follows: 1. A payment for actual moving costs for moving tangible personal property and business inventory (for a distance of not more than 50 miles); 11086\0007\612054.1 (.doe) Actual moving expenses include packing, crating of personal property (and business inventory), obtaining bids, insurance, disconnecting, dismantling, removing, reassembling, reconnecting, and reinstailing personal property, including telephones, subject to City review and approval. Any other categories of relocation entitlements must be approved by the City on a case-by-case basis. A payment for direct loss of personal property, not to exceed the estimated reasonable expenses of moving such property. If the business is going to make a claim for property loss, it is first necessary to determine the fair market value of the property for continued use at its present location. It may be necessary to obtain an appraisal from a qualified appraiser. A valid attempt must then be made to sell the personal property. The appraisal fees, mover's estimate, auctioneer's fees, sales commissions and advertising costs are all expenses of the sale. The amount of the property loss is the amount of the appraised value, less the amount received from the sale of the property, however not to exceed the estimated moving expenses. The personal property which remains unsold and which is being claimed as a property loss, shall become the property of the City. Searching for a Replacement Location: A relocation payment for costs incurred in searching for a replacement location may include actual reasonable expenses not to exceed $1,000. Searching expenses may include: a. Transportation expenses within a radius of 50 miles; b. Meals and lodging while away from home; c. An amount to cover the reasonable time spent searching, based on the hourly wage rate of a business concem's representative, but not to exceed $10.00 per hour; d. Reasonable fees paid to a real estate agent or broker to locate a replacement business site. Cost of Printing: An amount for printing a reasonable supply of printed matter to replace that made obsolete as a result of the move may be compensable as a moving expense. Business Reestablishment Payment: -57- 11086\0007\612054.1 (.doe) An eligible displaced business which actually reestablishes at a new location is emitled to consideration for a payment in an amount not to exceed $10,000, identified as a "Business Reestablishment Payment". This payment is subject to the individual, tmique circumstances of each eligible business enterprise. Specific categories which may be considered for application should be discussed with your representative. The total of all expenses which may be approved under this category may not exceed a combined total of $10,000. Please remember, if you elect to apply for a "Paymere in Lieu of Moving and Related Expenses", as described in Section VII below, you are not eligible for consideration of compensation or reimbursemere for any expenses described in this Section III. IV. BUSiNESS MOVES The business being displaced must notify the relocation staff, in writing, of their imention to move at least 30 days prior to the date of the move. Included within this notification should be the address of the new location and the following information: 1. Listing of all items and quantities to be moved; 2. Type of move planned - self move or contracted move; Scope of services to be involved - packing, crating, cartage, electrical, plumbing, carpentry, etc., including the descriptions of all work to be done in each category. The business being displaced should obtain assistance from the relocation staff in preparing this information and bid documents a$ bids will requirement City approval. All bids received from bidders must be submitted at least 15 days prior to the commencement of the move. To assure eligibility under the relocation program, any and all incurred expenses should be reviewed with your Relocation Representative prior to your committing to incur expenses. The City must authorize eligibility to confirm the approval of your relocation entitlements. V. SEALED BIDS If the total cost of the move, or of any separately idemi~ed category of service involved in the move, is estimated to cost $3,000 or more, sealed bids must be requested from the contractors unless. special arrangements are made. Each bid must specify the precise scope of work to be covered. After review and approval of bids, the City will give the business an authorization to proceed to incur moving expenses. The paymere made by the City will be in accordance with the work actually authorized and completed and will not exceed the amount of the low bid in each category of work. -58- 11086\0007\612054.1 (.doe) Payment by the City will be made after the filing of a properly documented claim by the business and after inspection of the completed work by the City. VI. SELF MOVE A self move may be made, however, the cost may not exceed that of the low bid by a moving company. Information regarding the filing of a self move claim will be given to you by your relocation representative. Additionally, a 'self move will require written authorization from the City or their representative prior to the move being accomplished. VII. PAYMENT IN LIEU OF MOVING AND RELATED EXPENSES A payment in lieu of moving and related expenses may be made to a business that elects to receive such payments if the eligibility requirements for this alternative relocation payment are met. Additionally, the following requirements are necessary for application under this program. To establish eligibility, please contact your representative. The business cannot be relocated without a substantial loss of its existing patronage; The business or non-profit organization is not part of a commercial enterprise or organization having another establishment which is not being acquired for the project, and which is engaged in the same or similar business or activity; The business annually grosses eamings in excess of $2,000; OR the annual net earnings are in excess of $1,000; OR the annual earnings contribute at least 33-1/3 percent of total income to the owner. Amount of Payment A payment in lieu of moving and related expenses shall be equal to the average annual net earnings of the business concern, but not less than $1,000 nor more than $20,000. Payment to a non-profit organization which does not operate for profit shall be in the amount of $2,500. Average Annual Net Earnings Average Annual Net Earnings generally shall be computed on the basis of the net eamings of the business before federal, state and local income taxes during the two taxable years preceding the taxable year in which displacement occurs, and include salaries, wages or other compensation paid by the business to the owner, his spouse or his dependents. A person whose sole business at the displacement dwelling is the rental of the property to others does not qualify for a payment under this section. -59- 11086\0007X612054.1 (,doe) Remember, when you elect to take the in-lieu payment, you are NOT entitled to reimbursement for any other moving expenses as described in Section III above. VIII. OTHER IMPORTANT INFORMATION have been employed by the City to assist you in locating a new business site and filing your relocation claims. , on behalf of the City, will provide relocation advisory assistance to all business concems and non-profit organizations to be displaced by the project. The assistance shall include consultations with the owner or operator to determine the needs, in addition to current and continuing information on the availability of relocation sites. Claims for moving expenses and/or actual direct losses of property and/or in lieu payments must be submitted within eighteen (18) months of the move. IX. RENTAL AGREEMENT After the City acquires the property in which you are located you will become a tenant of the City, and must continue to pay rent for the space occupied by your business. You will be required to sign a rental agreement stating the amount of your rent and the conditions under which you may occupy the building. X. EVICTION POLICY Eviction proceedings shall be kept to a minimum and instituted only for the following reasons: 1. Failure to pay rent; 2. Use of the premises for illegal purposes and/or maintaining a nuisance; 3, committing a material violation of the rental agreement; 4. Refusal to accept one of a reasonable number of offers of accommodations meeting City or State relocation standards; 5. Continued refusal to admit or cooperate with the City- or other members of the City staff; 6. Situations requiring eviction under State and/or local law. XI. APPEALS PROCEDURE - GRIEVANCES Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment,. may have their claim reviewed or reconsidered in accordance with the established appeals procedure. complete details on appeals procedure is available upon request from the City of Temecula. -60- 11086\0007\612054.1 (.doe) THE CITY OF TEMECULA iNFORMATIONAL STATEMENT FOR BUSINESSES TO BE DISPLACED I. GENERAL INFORMATION The City of Temecula has decided to implement a plan for the improvement of the area in which you are presently located. That plan requires the City to acquire certain properties including the one in which you are located. The City has employed the consultant firm of, to administer its relocation activities. Please be advised that is acting in the capacity of an advisory relocation agent. makes recommendations, based upon the individual circumstances which relate to your business and the potential relocation benefits which are available. Actual reimbursement for any and all incurred expenses require the authorization and approval of the City. The following information will be helpful to you in determining your eligibility and the umotmt of your relocation benefits. We suggest you save it for reference. Whereas City acquisition of the property which you occupy may result in your displacement, if you lawfully occupy the property, you will not be required to move without at least 90 days written notice from the City. II. ELIGIBILITY REQUIREMENTS You may be eligible for relocation benefits under the following conditions: The City acquires (obtains title to) or obtains the right to possession of property in which you are located; and/or, 2. You receive a written order from the City to vacate property which you occupy. If you are otherwise eligible for relocation assistance and payments, you could disqualify yourself from some or all of the assistance and payments by moving too soon. If you are in doubt, please call your representative with , who will set up an appointment with you. III. PAYMENT OF MOVING AND RELATED EXPENSES Payment may be made for reasonable and necessary moving expenses and any actual direct loss of property for which no other reimbursement or compensation has been made. If eligible, payments will be made as follows: -61- 11086\0007\612054.1 (.doc) A payment for actual moving costs for moving tangible personal property and business inventory (for a distance of not more than 50 miles); Actual moving expenses include packing, crating of personal property (and business inventory), obtaining bids, insurance, disconnecting, dismantling, removing, reassembling, reconnecting, and reinstailing personal property, including telephones, subject to City review and approval. Any other categories of relocation entitlements must be approved by the City on a case-by-case basis. A payment for direct loss of personal property, not to exceed the estimated reasonable expenses of moving such property. If the business is going to make a claim for property loss, it is first necessary to determine the fair market value of the property for continued use at its present location. It may be necessary to obtain an appraisal from a qualified appraiser. A valid attempt must then be made to sell the personal property. The appraisal fees, mover's estimate, auctioneer's fees, sales commissions and advertising costs are all expenses of the sale. The amount of the property loss is the amount of the appraised value, less the amount received from the sale of the property, however not to exceed the estimated moving expenses. The personal property which remains unsold and which is being claimed as a property loss, shall become the property of the City. Searching for a Replacement Location: A relocation payment for costs incurred in searching for a replacement location may include actual reasonable expenses not to exceed $1,000. Searching expenses may include: a. Transportation expenses within a radius of 50 miles; b. Meals and lodging while away from home; An amount to cover the reasonable time spent searching, based on the hourly wage rate of a business concern' s representative, but not to exceed $10.00 per hour; Reasonable fees paid to a real estate agent or broker to locate a replacement business site. Co st of Printing: An amount for printing a reasonable supply of printed matter to replace that made obsolete as a result of the move may be compensable as a moving expense. -62- 11086\0007X612054.1 (.doe) 5. Business Reestablishment Payment: An eligible displaced business which actually reestablishes at a new location is entitled to consideration for a payment in an amount not to exceed $10,000, identified as a "Business Reestablishment Payment". This payment is subject to the individual, unique circumstances of each eligible business enterprise. Specific categories which may be considered for application should be discussed with your representative. The total of all expenses which may be approved under this category may not exceed a combined total of $10,000. Please remember, if you elect to apply for a "Payment in Lieu of Moving and Related Expenses", as described in Section VII below, you are not eligible for consideration of compensation or reimbursement for any expenses described in this Section III. IV. BUSINESS MOVES The business being displaced must notify the relocation staff, in writing, of their intention to move at least 30 days prior to the date of the move. Included within this notification should be the address of the new location and the following information: 1. Listing of all items and quantities to be moved; 2. Type of move planned - self move or contracted move; Scope of services to be involved - packing, crating, cartage, electrical, plumbing, carpentry, etc., including the descriptions of all work to be done in each category. The business being displaced should obtain assistance from the relocation staff in preparing this information and bid documents as bids will requirement City approval. All bids received from bidders must be submitted at least 15 days prior to the commencement of the move. To assure eligibility under the relocation program, any and all incurred expenses should be reviewed with your Relocation Representative prior to your committing to incur expenses. The City must authorize eligibility to confirm the approval of your relocation entitlements. V. SEALED BIDS If the total cost of the move, or of any separately identified category of service involved in the move, is estimated to cost $3,000 or more, sealed bids must be ~equested from the contractors unless special arrangements are made. Each bid must specify the precise scope of work to be covered. After review and approval of bids, the City will give the business an authorization to proceed to incur moving expenses. The payment made by the City will be in accordance with the work actually authorized and completed and will not exceed the amount of the low bid in each category of work. -63- 11086\0007\612054.1 (.doe) Payment by the City will be made after the filing of a properly documented claim by the business and after inspection of the completed work by the City. VI. SELF MOVE A self move may be made, however, the cost may not exceed that of the low bid by a moving company. Information regarding the filing of a self move claim will be given to you by your relocation representative. Additionally, a self move will require ~witten authorization from the City or their representative prior to the move being accomplished. VII. PAYMENT 1N LIEU OF MOVING AND RELATED EXPENSES A payment in lieu of moving and related expenses may be made to a business that elects to receive such payments if the eligibility requirements for this alternative relocation payment are met. Additionally, the following requirements are necessary for application under this program. To establish eligibility, please contact your representative. The business cannot be relocated without a substantial loss of its existing patronage; The business or non-profit organization is not part of a commercial enterprise or organization having another establishment which is not being acquired for the project, and which is engaged in the same or similar business or activity; The business annually grosses earnings in excess of $2,000; OR the annual net earnings are in excess of $1,000; OR the annual earnings contribute at least 33-1/3 percent of total income to the owner. Amount of Payment A payment in lieu of moving and related expenses shall be equal to the average annual net earnings of the business concern, but not less than $1,000 nor more than $20,000. Payment to a non-profit organization which does not operate for profit shall be in the amount of $2,500. Average Annual Net Earnings Average Annual Net Earnings generally shall be computed on the basis of the net earnings of the business before federal, state and local income taxes during the two taxable years preceding the taxable year in which displacement occurs, and include salaries, wages or other compensation paid by the business to the owner, his spouse or his dependents. A person whose sole business at the displacement dwelling is the rental of the property to others does not qualify for a payment under this section. -64- 11086\0007\612054.1 (.doe) Remember, when you elect to take the in-lieu payment, you are NOT entitled to reimbursement for any other moving expenses as described in Section III above. VIII. OTHER IMPORTANT iNFORMATION have been employed by the City to assist you in locating a new business site and filing your relocation claims. , on behalf of the City, will provide relocation advisory assistance to all business concerns and non-profit organizations to be displaced by the project. The assistance shall include consultations with the owner or operator to determine the needs, in addition to current and continuing information on the availability of relocation sites. Claims for moving expenses and/or actual direct losses of property and/or in lieu payments must be submitted within eighteen (18) months of the move. IX. RENTAL AGREEMENT After the City acquires the property in which you are located you will become a tenant of the City, and must continue to pay rent for the space occupied by your business. You will be required to sign a rental agreement stating the amount of your rent and the conditions under which you may occupy the building. X. EVICTION POLICY Eviction proceedings shall be kept to a minimum and instituted only for the following reasons: 1. Failure to pay rent; 2. Use of the premises for illegal purposes and/or maintaining a nuisance; 3. Committing a material violation of the rental agreement; 4. Refusal to accept one of a reasonable number of offers of accommodations meeting City or State relocation standards; 5. Continued refusal to admit or cooperate with the City. or other members of the City staff; 6. Situations requiting eviction under State and/or local law. XI. APPEALS PROCEDURE - GRIEVANCES Any person aggrieved by a determination as to eligibility for a relocation payment, or the umount of a payment, may have their claim reviewed or reconsidered in accordance with the established appeals procedure. Complete details on appeals procedure is available upon request from the City of Temecula. -65- 11086\0007x612054.1 (.doe) APPR6VAL,E~ iIT~ATTORNEY IR CTOR OFFINANCE ITYMANAGER CITY OFTEIECULA AGENDA REPORT TO: FROM: City ManagedCity Council ./~Villiam G. Hughes, Director of Public Works/City Engineer DATE: June 27, 2000 SUBJECT: Tract Map No. 24187-2, Finding of Conformance With its Original Approval, located South and West of Sunny Meadows Drive, East of Meadows Parkway, and North of De Portola Road in the Paloma Del Sol Specific Plan No, 219 PREPARED BY: ' Ronald J. Parks, Deputy Director of Public Works ~Clement M Jimenez, Assistant Engineer RECOiiENDATION: That the City Council approve 1) Tract Map No. 24187-2 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as secudty for the agreements. BACKGROUND: Tract Map No. 24187-2 is located within Planning Area 23 of the Paloma Del Sol Specific Plan No. 219. As part of Specific Plan No. 219, Tract Map No. 24187-2 is subject to all Specific Plan Amendments and Agreements. The Paloma Del Sol Specific Plan has been amended six times. Amendment No. 6, the most recent amendment, was approved by City Council on Janua~j 13, 1998. Vesting Tentative Tract Map No. 24187 was originally approved by the City of Temecula Planning Commission on December 8, 1992. Vesting Tentative Tract Map No, 24187, Amendment No. 3, First Extension of Time, was approved by the City of Temecula Planning Commission on September 15, 1999, expiration date being September 15, 2001. The Developer has met all of the Conditions of Approval. This final map is in conformance with the approved tentative map. The al~proval of a final subdivision map which substantially complies with the previously aoproved tentative mad is a mandatory ministerial act under State law. Final Tract Map No. 24187-2 is a seventy-seven (77) lot single family residential subdivision with four open space lots. The tract is located south and west of Sunny Meadows Drive, east of Meadows Parkway. and north of De Portola Road all within Planning Area 23 of the Paloma Del Sol Specific Plan No. 219. The site is currently vacant. The following fees have been deferred for Tract Map No. 24187-2: Development Impact Fee due prior to issuance of a building permit. FISCAL liPACT: None ATTACHRENTS: 1. Development Fee Checklist 2. Fees &Secudties Report 3. Project Vicinity Map 4. Tract Map No. 24187-2 r:~agdrpt~2000~0627~tr24187-2.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 2~,187-2 The following fees were reviewed by Staff relative to their applicability to this project. FEE Development Impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of a building permit 2 r:~agdrptL~000',0523~tr24187-1 .map CITY OF TEIVlECULA ENGINEERING DEPARTB/IENT FEES AND SECURITIES REPORT TRACT IVlAP NO. 24187-2 IMPROVEMENTS Street and Drainage $ Water $ Sewer $ TOTAL $ Monument $ FAITHFULPERFORMANCE SECURITY 567,000 199,500 220,000 986,500 21,000 DATE: June 27, 2000 MATERIAL & LABOR SECURITY $ $ $ $ 283,500 99,750 110,000 493,250 DEVELOPMENT FEES City Traffic Signing and Stdping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined $ $ $ $ $ $ $ $ $ 0,0o N/A *TBD 178.00 8.00 2,290.00 1,050.00 3,526.00 0.00 3 r:~agdrpt~523~tr24187-1 .map Ld w YNES _> O f-- Z O O (.~ O <~ ~5 O (.~ GRAPHIC SCALE YRA C Y NO. 24 ~ 87-2 I~;I ~:1 ~=] ~,':~ '~7~:1 BOUNDARY b[AP .. : ... Gi~,APHIC SCALE TIPACT NO. 24 ~87-2 BOUNDARY ~ INDEX MAP 7 8 6 51 JO 5 4 J JJ J2 2 ! 50 ROSA ~ LOT "F" 48 49 35 34 COURT 47 . TRACT NO. 24 187-2 15 27 26 25 ~ 24 ~ 18 19 20 LOT ,~ , 22 21 55 47 58 I 37 38 36 ROSA COURT LOT 44 45 46 1 59 I L 59 40 42 66 \ \ / ~" CHICO COURT /i GRAPHIC SCALE ENVIRONMENTAL /N THE ~ CONSTRAINT SHEET $WEFT; OF ! SWEETS TRA C T NO, 24187-2 ENVIRONMENTAL CONSTRAINT NOTES CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council /~William G. Hughes, Director of Public Works/City Engineer June 27, 2000 SUBJECT: Authorize Temporary Street Closures for "July 4th, 2000 Parade" in Old Town and Delegate Authority to issue Special Events/Street Closures Permit to Director of Public Works/City Engineer. PREPARED BY: ¢-~rl/Ronald J. Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEiVlECULA, AUTHORIZING TEIMtPORARY STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FRONI SECOND STREET TO MORENO ROAD FOR THE "JULY 4TH 2000, PARADE", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERiVIIT INCLUDING STREET CLOSURES BACKGROUND: The Annual City-sponsored" uly 4~h Parade" necessitates temporary J street closures to protect the participants and fadlitate this event. The subject spedal event requires the closure of a portion of a major City highway and the streets abutting this highway for a period of several hours on July 4, 2000, Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager, However the resolution did not delegate authority to temporarily close streets for these special events. 1 r:~agdrpt~2000~O627~july4th2000tempstclose. The subject resolution delegates the authority to approve temporary street closures for the specific event, the Temecula Community Services Department sponsored "July 4th' Parade" to the Director of Public Works/City Engineer. All other special events requiring temporary street closures, construction- related closures, etc, shall remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. Some partial dosuras, such as limiting lane widths for construction purposes or partial closures for block parties on cul-de-sac streets only do not require full street closures. These and similar partial street closures or restdctions are not submitted for similar resolutions in order to reduce or eliminate the administrative impact on City Coundl and staff time. FISCAL II~PACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Division, are included in budgetary items. ATTACHMENTS: Resolution No. 2000- Location Map Special Event Permit Application (for Special Event Permit No. LD00-009SE.) 2 r:',agdrpt~2000'~0627~july4th2000tempstclose, RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIVlECULA, AUTHORIZING TEiVIPORARY STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FROI~t SECOND STREET TO IVIORENO ROAD FOR THE "JULY ~.TH'2000 PARADE", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERiVIIT INCLUDING STREET CLOSURES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The Califomia State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, The City of Temecula sponsors the annual "July 4th Parade", for which such temporary street closures promote the safety and protection of persons using or proposing to use that street or streets for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for this annual "July 4th Parade" on July 4th, 2000; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve temporary street closures for annual "July 4th Parade", and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit temporary street closures for annual "July 4th Parade" on July 4, 2000, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council, PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of June, 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC CityClerk 3 r:~agdrptL~<)00~627~july4th2000tempstctose, [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby cedify that Resolution No. 2000- was duly and regularly adopted by the City Council of the City of Temecula h at a regular meeting thereof held on the 27t day of June,2000, by the following vote: AYES: NOES: ABSENT: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 r:~agdrpfi2000'~0627~july4th2000tempstclose. i I Q I TF, A4ECULA ~ 2_920C Independence Day Parade July 4th, 2000 NOTE: MAP NOT TO SCALE. C TV OF TEB ECULA SPECIAL EVENT PEM BT APPLICA ION TO BE HELD ON PUBLIC STREETS, HIGHWAYS, SIDE~VALKS, OR PUBLIC RIGHTS-OF-~VAY APPLICANT'S NAME AND ADDRESS: City of Temecula, Community Services Department NUMBER OF ANTICIPATED PARTICIPANTS: 10,000 includin~ spectators PURPOSE OF WENT: to Celebrate Independence 01d Town Front St. between Moreno & 2nd FEES TO BE CHARGED BY PERIUIITTEE: TYPE & NATURE OF VEHICLES, EQUIPmENT, ETC.: various vehicles - autos, trucks, bikes, etc. Marchers, Floats, e~uestrians and bands SOUND SYSTEMS - NUMBER AND AMPLIFICATION RANGE: 3 announcers umir~g city installed sound system 80 TYPE OF GOODS/SERVICES TO BE SOLD/PROVIDED: None 90 VENDORS/NAME AND BUSINESS ADDRESS: 100 SECUR~Y PLAN FORWENT: Temecula Police Department, Temecula Fire Department Temecula Public Works department THE APPLICANT HEREBY STATES THAT THE ABOVE INFORMATION IS ACCURATE UNDER PENALTY OF PERJURY. THE APPUCANT AGREES TO FULLY COMPENSATE THE CITY OF TEIECULA FOR ANY DAMAGE TO PUBLIC PROPERTY, AS WELL AS TO CLEAN AND OTHERWISE RESTORE THE WENT SITE TO THE CONDITION IN WHICH IT E~ISTED PRIOR TO THE CONDUCT OF THE WENT. Robin L. Gilliland PRINT APPLICANT/AGENT NAME 'FOR CITY STAFF USE ONLY: 2. 3. 4. 5. 6. APPLICATION FEE AMOUNT: $ SPECL~L EVENT MAJOR SPECLAL WENT IEET/CONFER WITH TRANSPORTATION DNISION INSURANCE CERTIFICATE REQUIRED TRAFFIC CONTROL PLAN/TRAFFIC STUDY REQUIRED pwOl\forms~pemts\specevnt.app 092091 fiTElM] 11 DIRECTOR OF FINANCE CITY MANAGER ~ TO: FROiVh DATE: SUBJECT: CITY OF TEIVlECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer June 27, 2000 Authorize Temporary Street Closure of Pauba Road bebNeen Margadta Road and La Pdrnavera Street forthe "July 4t", 2000 Fireworks Show" and Delegate Authority to Issue Special Events/Street Closures Permit to Director of Public Works/City Engineer. PREPARED BY: ~r Ronald J. Parks, Deputy Director of Public Works RECOiVIMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIVIECULA, AUTHORIZING TEIVIPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN IVIARGARITA ROAD AND LA PRIiVtAVERA STREET THE "JULY 4TM 2000, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERIVtlT INCLUDING STREET CLOSURES BACKGROUND: The Annual City-sponsored "July 4th Fireworks Show" necessitates temporary street closures to protect the participants and facilitate this event. The subject special event requires the closure of a portion of a major City highway and the streets abutting this highway for a period of 11:00 AM until 11:00 PM on July 4, 2000. Under Vehicular Code Section 21101. "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary dosing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction. the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets. highways, sidewalks, or public rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authority to temporarily dose streets for these special events. I r:tagdrpt',2000~0627~uly4th20OOpaubaclose. The subject resolution delegates the authority to approve temporary street closures for the specific event, the Temecula Community Services Department sponsored "July 4th Fireworks Show" to the Director of Public Works/City Engineer. All other spedal events requiring temporary street closures, construction-related closures, etc. shall remain subject to the approval of the City Council subject to rules and regulations established by the City Coundl. These rules and regulations shall also be adopted by resolution in accordance with Califomia Vehicular Code Section 21101. Some partial dosures, such as limiting lane widths for construction purposes or partial closures for block parties on cul-de-sac streets only do not require full street closures. These and similar partial street closures or restrictions are not submitted for similar resolutions in order to reduce or eliminate the administrative impact on City Council and staff time. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary waming and advisory devices by the Temecula Community Services Department and the City Maintenance Division are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2000- 2. Location Map 2 r:~agdrpt~2000~627~july4th2000paubaclose. RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEN1ECULA, AUTHORIZING TEiiPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN IMIARGARITA ROAD AND LA PRINIAVERA STREET FOR THE "JULY 4TM 2000 FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. THE CiTY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, d~- i ~-RMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Coundl desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, The City of temecula sponsors the annual "July 4th Fireworks Show", for which such temporary street closures promote the safety and protection of persons using or proposing to use that street or streets for the spedal event; and WHEREAS, the City Coundl desires to fadlitate the issuance of permission to temporarily close public streets for this annual "July 4th Fireworks Show" on July 4th, 2000; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve temporary street closures for annual "July 4th Fireworks Show", and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Coundl; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit temporary street closures for annual "July 4th Fireworks Show" on July 4, 2000, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of June, 2000. ATI'EST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk 3 r:',agdrpt~2000~O627~july4th2000paubaclose. [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 2000- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting t"~'~'reof held on the 27th day of June,2000, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 r:~agdrpt~2000't0627~july4th2000paubaclose. [] TJ~'CULA VALLEY // FS F~oe, :L~U~ I JULY 4, "Flfii:UEWORKS SHOW" I~OAD CLO~ NOTE: MAP NOT TO SCALE TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council APPROVAI:CE~ CITY AT]'ORNEY DIRECTOR OFFINANCE CITYMANAGER William G. Hughes, Director of Public Works/City Engineer June 27, 2000 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Citywide P.C.C. Repair Program FY00-01 - Project No. PW00-17 PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMNIENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Citywide P.C.C. Repair Program FY00-01 - Project No. PW00-17. BACKGROUND: The Public Works Department has two procedures for effectuating street maintenance. The first procedure addresses immediate repairs through a weekly sealed bid/work order system for work under $25,000. The second procedure involves compiling a list of concrete repairs that do not require immediate attention over a pedod of six (6) months. This work includes concrete sidewalk repairs, removal and replacement of curb and gutter; removal and replacement of concrete cross gutters, removal and replacement of catch basin lids, and repair of under sidewalk drains. This list has been "grouped" together to form a cost effective project. The Specifications and Contract Documents have been completed and the project is ready to be advertised for construction bids. The Specifications are available for review in the City Engineer's office. All plans and specifications used in the construction of this project are City of Temecula Standard Drawings approved by the City Council in November 1991 and revised by resolution in October 1998. The estimated total cost for this project is $80,000. FISCAL IMPACT: Adequate funds are available in the Public Works Department, Routine Street Maintenance Account No. 001-164-601-5402 ATTACHMENT: Location and Scope of Work r:~gdrpt\00\0627~pwOO-17.bid ATTACH~ENT"A" LOCATION 45833 Clubhouse 45833 Clubhouse 45558 Olympic Way 45990 Clubhouse Across from 28955 Pujol Street 100' south of 28816 Pujol Street east side 28120A Jefferson 28100 Jefferson Jefferson 200' s/o E1 Pollo Loco west side 27911 Jefferson 27919 Jefferson Preece Lane at Gatewood Way Preece Lane at Gatewood Way Preece Lane at Buckeye Preece Lane at Buckeye Preece Lane at Buckeye 437 13 Buckeye Road Elinda Road at Via Canada 30347 Via Bfisa 30330 Via Canada Villa Alturas 50' south of Pauba Road Pauba Road at Ynez southeast comer CITY OF TEMECULA - PUBLIC WORKS CITYWIDE P.C.C. REPAIR PROGRAM FYO0-01 = SCOPE OF WORK R & R Sidewalk Panel (6 x 5) Curb and Gutter R & R Sidewalk Panel (15 x 6) R & R Sidewalk and Root Prune (29 x 6) R & R Sidewalk and Root Prune (16 x 6) (20 x 6) R & R Sidewalk and Root Prune (41 x 6) R & R Sidewalk R & R Sidewalk R & R Sidewalk R & R Sidewalk R & R Sidewalk (152 x 6) (86 x6) (22 x6) (7 x 6) (37 x6) (9 x 6) R & R Curb & Gutter R & R Sidewalk (21 x 6) R & R Handicap Ramp (16 x 12) R & R Spandral (9 x 6) (9 x 6) (9 x 3) (9 x 3) R & R Cross Gutter (6 x 6) R & R Sidewalk (10 x 6) R & R Sidewalk and Root Prime (46 x 6) R&RCurb R&RCurb R & R Sidewalk & Root Prime (36 x 6) R & R Sidewalk & Root Prime (10 x 9) (9 x 7) 5 21 21 31 S.F. 90 174 216 246 912 516 102 174 276 126 192 191 36 60 276 216 153 ATTACHMENT%" AA-I R:\CIRPROJECTS~WOO*I~BID DOC LOCATION Pauba Road east of Ynez Road 150' Pauba Road west of Villa Alms Calle Cananza 50' east of Mira Loma Dr. Calle Rio Vista at Rancho Vista Drive 31201 Corte Alhambra 3 1250 Corte Alhambra Elinda Dr. btwn. Pauba Rd. & Calle Halcon 3 1039 Corte Anza 31079 Corte Anza 3 1084 Corte Anza Corte Anza at Calle Aragon 31141 Calle Amgon 3 1093 Calle Aragon 31314 Corte Talvera 31959 Vineyard Avenue Zinfandel Avenue at Merlot Crest 41532 Chealn Blanc Street 41664 Chenin Blanc Street 41634 Avenida De La Reina 44120 Quiet Meadow 41538 Avenida De La Reina Humber west of Guadalupe Corte Fresca at Calle Nacido (12x4) (15x12) 41526 Avenida De La Reina 41526 Avenida De La Reina SCOPE OF ~.~.~ORI~ R & R Sidewalk & Root Prune (30 x 6) (25 x 6) (15 x 6) R & R Sidewalk & Root Prune (21 x 6) R & R Curb & Gutter R&RSidewalk (15 x6) R & R Sidewalk & Root Pnme (31 x 6) R & R Sidewalk & Root Prune (33 x 6) R&RSidewalk&RootPnme (21 x6) (31 x6) (46x6) R & R Sidewalk (11 x 6) R & R Sidewalk & Curb & Gutter (6 x 6) R & R Curb & Gutter R & R Cross Gutter (14 x 13) R & R Sidewalk & Root Prime (18 x 6) R & R Sidewalk (7 x 6) R & R Sidewalk & Root Prune (29 x 6) R & R Sidewalk & Root Prune (20 x 6) R & R Sidewalk & Root Prune (47 x 6) R & R Sidewalk & Root Pnme( 19 x 6) R & R Sidewalk & Root Pnme (40 x 6) R & R Sidewalk & Root Pnme (15 x 6) R & R Sidewalk E/O (17 x 6) R & R Sidewalk & Root Prime (12 x 6) R & R Sidewalk & Root Prime (22 x 6) R&RSpandral (13 x4) (13 x 15) R & R D/A & Curb & Gutter (22 x 6) (22) R & R Sidewalk & Rant Prime (6 x 6) (5 x 6) 23 22 7 Ynez south of Calle Halcon east side R & R Sidewalk & Root Prime (15 x 6) 22 360 126 90 186 198 588 66 36 182 108 42 174 120 282 114 240 90 102 72 132 247 132 66 90 ATTACHMENT "A' AA-1 R:\CIPXPROJECTS\PW00-17%BID DOC h Yncz north of Calle Halcon cast side 42999 Camino C, asillas 43036 Camino Casillas 43036 Camino CasiHas 43120 Corte Landeros 40312 Windsor Road 40612 Windsor Road (10 x 6) 30551 Holly Berry Nicholas 50' west of Via Lobo Btwn. 29855 & 29865 AveRida Cinaa Del Sol 29855 Avenida Cima Del Sol AveRida Cima Del Sol % Via Questa AI Sol Ynez Road across from Guidant 39634 Rustic Glen Drive 42078 Sweet Shade Lane 41810 Rio Grande Humbet & Guadalupe Court SCOPE OF tAbOR|( R & R Sidewalk & Root Prune (15x6) (20x6) (25x6) R & R Sidewalk (5 x 6) R & R Curb & Gutter (~ D/A R & R Sidewalk & Root Prune (20 x 6) R&RSidewalk (9x6) R & R Curb & Gutter R & R Sidewalk R&RSidewalk (11 x6) R & R Sidewalk & Curb & Gutter (10 x 6) R & R Sidewalk (22 x 6) R & R Curb & Gutter Patch Sidewalk & Curb & Gutter R&RSpandsal (13x12) R & R Sidewalk (42 x 6) R & R Curb & Gutter (at D/A and E/O D/A) R & R Sidewalk & Root Prime R & R Sidewalk & Root Prune (20 x 6) R & R Sidewalk & Root Prune (22 x 6) (lOx6) (lOx6) (lOx6) I S..% 540 30 11 120 54 10 60 66 29 60 21 132 1 156 252 57 78 120 132 TOTALS 2g0 9,630 ATTACHMENT "A" M-1 R:\CIP%PROJECTS~PWOO-1ABID DOC ~TEEM 13 APPROVA~ CITY A'I'FORNEY DIRECTOR OFFINA CITYMANAGER TO: FROIVI: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council /i/~4William G. Hughes, Director of Public Works/City Engineer June 27, 2000 Amendment No. I with West Coast Arborists, Inc. for Renewal of Citywide Tree Trimming Maintenance Contract PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Approve Amendment No. I for the extension of the Citywide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a pedod of one (1) year beginning July 1, 2000 in an amount of $150,000.00 and authorize the Mayor to execute the contract extension. Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00 which is equal to 10% of the contract amount. BACKGROUND: At the regular City Council meeting July 27, 1999 the Citywide Tree Tdmming Maintenance Services Contract was awarded to the lowest responsible bidder, West Coast Arborists, Inc. for the Public Works right-of-way tree maintenance. West Coast Arborists, Inc. has performed satisfactory work during the past year and has responded efficiently in all emergency situations. The original Contract contains provisions that allows the Contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years by the prevailing construction cost index. The work to be performed includes Class I tree trimming, tree and stump removals, root pruning, tree planting and emergency work call-outs. This work is necessary to maintain approximately 7,500 right-of-way trees known as the City's Urban Forest. The contractor will inventory all right-of-way trees by name, size and locations. FISCAL liVIPACT: Funds are available in the Public Works Street Maintenance Account 001-164- 601-5402. The total project amount is $165,000.00 which includes the contract amount of $150,000.00 plus the 10% contingency of $15,000.00. ATTACHMENT: Amendment No. I r:~agdrpt',2000\0627\tree trim ext/ajp FIRST ANIENDNiENT TO AGREEMENT BETWEEN THE CITY OF TENtECULA AND WEST COAST ARBORISTS, INC. THIS FIRST AI~IENDiVIENT is made and entered into as of 27th day of June, 2000 by and between the City of Temecula, a municipal corporation ("City") and West Coast Arborists, Inc. ("Contractor'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 27, 1999 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement for Contract Services" ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 4 "TERM:" of the Agreement is hereby amended to read as follows: TERiVk The term of the contract shall commence upon award by the City Council and continue through June 30, 2001. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty six (36) months of this agreement. Upon request the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bemardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall mean the twelve month period ending June 30th of that year, or if not available, the prior month. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. r:\maintain\trees\w coast amend I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. CITY OF TEMECULA BY: Jeffrey E, Stone, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT WEST COAST ARBORISTS, INC. 2200 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 BY: Patrick O. Mahoney, President BY: NAME: TITLE: (Two Signatures Required For Corporations) r:\maintain\trees\w coast amend 1 ~TFEM 14 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council /~illiam G. Hughes, Director of Public Works/City Engineer June 27, 2000 Ordinance 2000- Prima Facie Speed Limit on Certain Streets PREPARED BY: (~"'~li Moghadam, Senior Engineer - Traffic RECOMMENDATION: entitled: That the City Council introduce and read by title only an ordinance ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON CERTAIN STREETS BACKGROUND: State law, under the California Vehicle Code, obligates local authodties to review and reaffirm or adjust speed limits every five (5) years or after major changes to the roadway conditions on the basis of an Engineering and Traffic Survey. An engineering and traffic survey as described in the CVC, is a survey of the prevailing speeds, accident records and roadway conditions not readily apparent to the drivers. A review of the existing engineering and traffic surveys revealed that some locations have exceeded the five-year time frame thereby, making those speed limits unenforceable using radar. In addition, roadway improvements to several arterial highways necessitated an engineering and traffic survey update. Although. it was not necessary to include locations where speed limits have been adopted within the five-year time frame, all locations were reviewed in an effort to maintain continuity between engineering and traffic survey data and simplify future speed limit updates. A citywide engineering and traffic survey was performed on thirty-nine (39) arterials that included approximately one hundred and five (105) segments. Overall, the majority of the speed limits reviewed have not changed and the recommended speed limit is consistent with the existing posted speed limit. There are however, five (5) locations where a decrease in the posted speed limit is recommended. The locations are as follows: o De Portola Road - Jedediah Smith Road to Margarita Road o Margadta Road - Pio Pico Road to De Portola Road o Pujol Street - Sixth Street to First Street o Rancho California Road - Ynez Road to Moraga Road o Solana Way- Ynez Road to Margarita Road 50 MPH to 45 MPH 45 MPH to 40 MPH 30 MPH to 25 MPH 45 MPH to 40 MPH 45 MPH to 40 MPH 1 r:'egdrpt~000~D627~citywideSPDLMT.ord The survey identified one (1) location where the 85th percentlie speed had increased from the previous survey therefore, an increase in the posted speed limit is recommended. The location is as follows: o Pauba Road - Margarita Road to Meadows Parkway 45 MPH to 50 MPH At their meeting of June 8, 2000, the Public/Traffic Safety Commission reviewed the proposed speed limits and unanimously recommended that the City Council amend Section 10.28.010(d) of the Temecula Municipal Code to establish speed limits as shown on Exhibit "A". FISCAL II~PACT: Adequate funds are available in Public Works Signs Account No. 001-164- 602-5244 and Stdping/Stenciling Account No. 001-164-602-5410. ATTACHME~JTS: 1. Ordinance 2000- 2. Exhibit "A" - Affected Roadway Segments 3. Exhibit "B" - Public/Traffic Safety Commission Agenda Report - June 8, 2000 2 r:~agdrpt~2000'~O627~citywideSpDLMT.ord ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEit/IECULA, AIV1ENDING SECTION 10.28.010(d) OF THE TER/IECULA R/IUNICIPAL CODE REGARDING THE PRlit/IA FACIE SPEED LIIt/IIT ON CERTAIN STREETS THE CITY COUNCIL OF THE CITY OF TEit/IECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, The City of Temecula finds and determines that from time to time it is necessary to add or modify existing pdma facie speed limits within the City for certain streets, or parts of streets. WHEREAS, the City conducts engineering and traffic surveys on its roadways in order to determine the appropriate speed limits, WHEREAS, the engineering and traffic surveys on the segment of roadway designated in this Ordinance indicates that the following speed limits be established given the engineering and traffic studies. SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: "Name of Street and Portion Affected Amarita Way - Pio Pico Road to McCabe Drive Butterfield Stage Road- Pauba Road to De Portola Road Butterfield Stage Road - De Portola Road to State Route 79 Cabrillo Avenue - Jedediah Smith Road to Vallejo Avenue Calle Chapos - Walcott Lane to Calle Girasol Calle Girasol - Calle Chapos to Nicolas Road Calle Pina Colaria - Del Rey Road to La Serena Way Declared Prima Facie Speed Limit, Miles Per Hour 40 55 50* 35 30 30 25 3 r:~agdrpt%2000%0627%citywideSPDLMT.ord De Portola Road - Jedediah Smith Road to Campanula Way De Portola Road - Campanula Way to Butterfield Stage Road Del Rey Road - Jedediah Smith Road to Avenida Del Reposo Del Rio Road- Via Montezuma to Jefferson Avenue Diaz Road - Winchester Road to Rancho California Road Jedediah Smith Road - Ynez Road to Margarita Road Jefferson Avenue - North City Limits to Winchester Road Jefferson Avenue - Winchester Road to Rancho California Road La Paz Street - State Route 79 to Ynez Road La Serena Way- Margarita Road to Walcott Lane Leena Way - Montelegro Way to Campanula Way Margarita Road - North City Limits to Winchester Road Margarita Road- Winchester Road to Pio Pico Road Margarita Road - Pio Pico Road to State Route 79 Meadows Parkway- Rancho California Road to De Portola Road Meadows Parkway- De Portola Road to State Route 79 Mira Loma Drive- Rancho Vista Road to Rancho Vista Road Montelegro Way - Pio Pico Road to McCabe Drive Moraga Road- Rancho California Road to Margarita Road 4 45 40 35 35 45 40 50 40 35 45 40 50 45 40 45 40 30 40 40 r:~agdrpt~000',0627~cit,/wideSPDLMT.ord Nicolas Road - Winchester Road to Calle Medusa Nicolas Road - Calle Medusa to Calle Girasol North General Keamy- Margarita Road to Calle Pina Colada Old Town Front Street - Santiago Road to State Route 79 Ovedand Drive- Commerce Center Drive to Jefferson Avenue Overland Drive- Jefferson Avenue to Margarita Road Pauba Road - Ynez Road to Margarita Road Pauba Road - Margarita Road to Butterfield Stage Road Pio Pico Road - De Portola Road to Margarita Road Pio Pico Road- Margarita Road to Amarita Way Preece Lane - Ynez Road to Ynez Road Pujol Street- Sixth Street to First Street Pujol Street- First Street to South End Rancho Califomia Road - West City Limits to Diaz Road Rancho Califomia Road - Diaz Road to Moraga Road Rancho California Road - Moraga Road to Margarita Road Rancho California Road - Margarita Road to Butterfield Stage Road Rancho Vista Road - Ynez Road to Butterfield Stage Road Roripaugh Road- Winchester Road to Nicolas Road 5 45 30 40 40 35 40 45 50 30 35 35 25 30 50 40 50 55 45 25 r:~agdrpt~2000%O627%citywideSPDLMT.ord Santiago Road - Old Town Front Street to Ynez Road Solana Way- Ynez Road to Margarita Road Solana Way - Margarita Road to Del Rey Road Sunny Meadows Drive - Campanula Way to Jerez Lane Via Norte- Solana Way to Avenida Del Reposo Walcott Lane - La Serena Way to Calle Chapos Winchester Road - Diaz Road to Jefferson Avenue Wolf Valley Road - Pala Road to East City Limits Ynez Road - Equity Road to Jedediah Smith Road 35 40 45 35 35 30 40 55 45 SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining pads of this Ordinance. SECTION 3. The City Clerk shall cedify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this 11th day of July, 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk 6 r:~agdrpt~.000't0627~citywideSpDLMT.ord [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2000- was dully introduced and placed upon its first reading at a regular meeting of the City Council on the27th day of June, 2000 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 11th day of July, 2000, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 7 r:~agdrpt~2000~0627~citywideSPDLMT,ord "Name of Street and Portion Affected" Amadta Way - Pio Pico Road to McCabe Drive Butterfield Stage Road - Pauba Road to De Portola Road Butterfield Stage Road - De Portola Road to State Route 79 Cabrillo Avenue - Jedediah Smith Road to Vallejo Avenue Calle Chapos - Walcott Lane to Calle Girasol Calle Girasol - Calle Chapos to Nicolas Road Calle Pina Colada - Del Rey Road to La Serena Way De Portola Road - Jedediah Smith Road to Campanula Way De Portola Road - Campanula Way to Butterfield Stage Road Del Rey Road - Jedediah Smith Road to Avenida Del Reposo Del Rio Road - Via Montezuma to Jefferson Avenue Diaz Road - Winchester Road to Rancho California Road Jedediah Smith Road - Ynez Road to Margarita Road Jefferson Avenue - North City Limits to Winchester Road Jefferson Avenue - Winchester Road to Rancho California Road La Paz Street - State Route 79 to Ynez Road La Serena Way - Margadta Road to Walcott Lane 8 EXHIBIT "A" Declared Prima Facie Speed Limit, Miles Per Hour 40 55* 50* 35 30 30 25 45* 40* 35 35 45 40 50 40 35 45 r:~agdrpt~2000~0627~citywideSPDLMT,ord Leena Way- Montelegro Way to Campanula Way Margarita Road - North City Limits to Winchester Road Margarita Road - Winchester Road to Pio Pico Road Margarita Road - Pio Pico Road to State Route 79 Meadows Parkway- Rancho California Road to De Portola Road Meadows Parkway- De Portola Road to State Route 79 Mira Loma Drive- Rancho Vista Road to Rancho Vista Road Montelegro Way - Pio Pico Road to McCabe Drive Moraga Road - Rancho California Road to Margarita Road Nicolas Road - Winchester Road to Calle Medusa Nicolas Road - Calle Medusa to Calle Girasol North General Kearny- Margarita Road to Calle Pina Colada Old Town Front Street - Santiago Road to State Route 79 Overland Drive - Commerce Center Drive to Jefferson Avenue Overland Drive- Jefferson Avenue to Margarita Road Pauba Road - Ynez Road to Margarita Road Pauba Road - Margadta Road to Butterfield Stage Road Pio Pico Road - De Portola Road to Margarita Road Pio Pico Road - Margarita Road to Amarita Way 9 40* 50 45 40* 45* 40* 30 40 40 45 30 40* 40 35* 40* 45 50* 30 35* r:~agdrpt~000*~0627~citywideSpDLMT,ord Preece Lane- Ynez Road to Ynez Road Pujol Street - Sixth Street to First Street Pujol Street- First Street to South End Rancho Califomia Road - West City Limits to Diaz Road Rancho California Road - Diaz Road to Moraga Road Rancho California Road - Moraga Road to Margadta Road Rancho California Road - Margadta Road to Butterfield Stage Road Rancho Vista Road - Ynez Road to Butterfield Stage Road Roripaugh Road- Winchester Road to Nicolas Road Santiago Road - Old Town Front Street to Ynez Road Solana Way - Ynez Road to Margarita Road Solana Way - Margadta Road to Del Rey Road Sunny Meadows Drive - Campanula Way to Jerez Lane Via Norte- Solana Way to Avenida Del Reposo Walcott Lane - La Serena Way to Calle Chapos Winchester Road - Diaz Road to Jefferson Avenue Wolf Valley Road - Pala Road to East City Limits Ynez Road - Equity Road to Jedediah Smith Road * Revised and/or First Time Speed Survey 35 25* 30 50 40* 50 55 45 25 35 40* 45 35 35 30 40 55* 45* 10 r:~agdrpt~000M:)627~:itywideSPDLMT.ord EXHIBIT"B" TO: FROM: DATE: SUBJECT: AGENDA REPORT Public/Traffic Safety Commission ('Z~AIi Moghadam, P.E., Senior Engineer, Traffic June 8, 21300 Item 3 Engineering and Traffic Survey Update - Citywide RECOMMENDATION: That the Public/Traffic Safety Commission review and recommend that the City Council adopt an Ordinance establishing the recommended speed limits identified in Exhibit 'A". BACKGROUND: State law, under the California Vehicle Code, obligates local authorities to review and reaffirm or adjust speed limits every five years on the basis of an Engineering and Traffic Survey. A review of the existing Engineering and Traffic surveys revealed that some locations have exceeded the five-year time frame thereby, making those speed limits unenforceable. In addition, roadway improvements to several arterial highways necessitated an Engineering and Traffic Survey update. The required speed limit update provides the mechanism for the legal entbrcement of the posted speed limit by the use of radar or any other electronic speed-measuring device. A citywide Engineering and Traffic Survey has been perthrued to update and adjust the speed limits thrnughout the City. The public has been notified of the Public/Traffic Safety. Commission's consideration of this issue through the agenda notification process. In 1991, the City of Temecula adopted speed limits for the first time under City Ordinance 91-22, adding Chapter 12.02 to the Temecula Municipal Code regarding the prima facie speed limits on certain streets. As roadway segments have been added on the City's roadway system, subsequent ordinances have amended this section of the Municipal Code. These amended ordinances have been adopted between 1991 and 2000. Although, it was not necessary to include locations that had speed limits adopted in latter years (1996-2000), all locations were reviewed in an effort to maintain continuity between Engineering and Traffic Survey data and simplify future speed limit updates. As defined in the California Vehicle Code, an engineering and traffic survey is "a survey of highway and traffic conditions in accordance with methtxls determined by the Department of Transportation (Caltrans) for use by state and local authorities." The survey shall include, but not be limited to, consideration of prevailing speeds as determined by traffic engineering measurements, accident statistics, and highway, traffic, and roadside conditions not readily apparent to the driver, These characteristics are all considered when determining a reasonable and prudent posted speed limit. It should be noted that establishing a speed limit, which is not consistent with the 85~ percentlie speed, constitutes a 'speed trap" and is not enforceable by the use of radar or any other electronic speed-measuring device. A review of thirt,j-nine (39) anerials was performed that included approximately one hundred and five (105) segments (Shown in Exhibit "A"). This review includes Engineering and Traffic Surveys at new locations r:\triffic\commissn\agcncla\2000\0608\SpecdlinUlupdal,: .agnlajp such as Butterfield_Stage Road, lx~rtions of De Portola Road, Leena Way, portions of Meadows Parkway. North General Keamy Road, Overland Drive, Pio Pico Road. Wolf Valley Road and a portion of Ynez Road. Pala Road and Rainbow Canyon Road were omitted from the review process due to construction activities. Butterfield Slage Road between Rancho California Road and Pauba Road was also omined because the eastside of the roadway lies within the County's jurisdiction. Overall, the majority of the speed limits reviewed have not changed and the posted speed limit being recommended is consistent with the existing posted speed limit. There are however, five (5) locations where a decrease in the posted speed limit is being recommended. Those locations are as follows: o De Portola Road between Jedediah Smith Road and Margarita Road ,, Margarila Road between Pio Pico Road and De Portola Road o Pujol Street between Sixth Street and First Street o Rancho California Road between Ynez Road and Moraga Road o Solana Way between Ynez Road and Margarita Road 50 MPH to 45 MPI-.I 45 MPH to 40 MPH 30 MPH to 25 MPI-t 45 MPH to 40 MPH 45 MPI-I to 40 MPH Our review also found one (1) location where the 85~' percentile sped had increased from the previous survey and an increase in the posted speed limit is being recommended. That location is as follows: o Pauba Road between Margarita Road and Meadows Parkway 45 MPH to 50 MPH Based on the resulm of the Engineering and Traffic Survey, staff recommends the approval of the speed limits as identified in Exhibit "A'. FISCAL IMPACT: Funds are available for the installation of signs and associated pavement markings in the Public Works Routine Street Maintenance Account. Attachment: I. Exhibit 'A" - Engineering and Traffic Survey - Summary of Recommendations 2. Exhibit "B" - Traffic Regulations - ColIrons Traffic Manual 3. Exhibit "C" - Caliti~rnia Vehicle Code Sections 40800 through 40808 r:\lraf~\commissn ,agenda\200OX0608XSpccdlimimpdatc .agn/ajp EXHIBIT "A" ENGINEERING AND TRAFFIC SURVEY SUMNIARY OF RECGMM ENDATIONS C ,.y . F- c.;,,,, ,,'N ,-_, i,-...I¥ EXHIBIT "B" TRAFFIC REGULATIONS - CALTRANS TRAFFIC MANUAL Traffic Manual TRAFFIC REGULATIONS 8-7 1. Speed Trap - Section 40802(b) provides that prima facie speed limits established under Sections 22352(b)(1), 22354, 22357. 22358 and 22358.3 may not be enforced by radar unless the speed limit has been justified by an engineering and traffic survey within the last five years. Under Section 40802(b1 an engineering and traffic survey is required where enforcement involves the use of radar or other electronic speed measuring devices. Local streets and roads. as defined in Section 40802(b), primarily serving abutting residential property, are exempt from this requirement. B. Engineering and Traffic Sun'eys Section 627 of the Vehicle Code defines the term engineering and traffic survey and lists its requirements. Section627 states: "An engineering and traffic survey shall include, among other requirements deemed necessary. by the Department of Transportation, consideration of all of the following: prevailing speeds as determined by traffic engineering measurements: accident records: and highway , traffic. and roadside conditions not readily apparent to the driver." The Engineering and Traffic Survey should contain sufficient information to document that the conditions of CVC Section 627 have been complied with and that other conditions not readily apparent to a motorist are properly identified. Prevailing speeds are determined by a speed zone survey. Guidelines for a speed zone survey include: - The intent of the speed measurements is to determine the actual speed of the unimpeded traffic. The speed of traffic ~ should not be altered by concentrated law enforcement, or other means, just prior to, or while taking the speed measurements. · Only one person is required forthe field work. Speeds can be read directly from a radar meter. · Devices. other than radar. capable of accurately distinguishing and measuring the unimpeded speed of free flowing vehicles unaffected by platoon movement may be used. Special application of devices other than radar are particularly appropriate on low volume facilities. o A location should be selected where prevailing speeds are representative of the entire speed zone section. If speeds vary. on a given route, more than one speed zone section may be required, with separate measurements for each section. Locations for measurements should be chosen so as to minimize the effects of traffic signals or stop signs. o Speed measurements should be taken during off-peak hours on weekdays. If there is difficulty in obtaining the desired quantity, speed measurements may betaken during any period with free flowing traffic. The weather should be fair with no unusual conditions prevailing. The surveyorandequipment must not affect the traffic speeds. For this reason. an unmarked car is recommended, and the radax speed meter located as inconspicuously as possible. The meter should be placed to survey traffic in both directions, and it shduld not make an angle greater than 15 degrees with the roadway centerline. , In order for the sample to be representative of the actual traffic flow. the minimum sample should be 100 vehicles in each survey. In no case should the sample contain less than 50 vehicles. o Short speed zones of less than 0.8 km should be avoided. except in transition areas. Traffic Manual TRAFFIC REGULATIONS 8-13 In determining the speed limit which is most appropriate to facilitate the orderly movement of traffic and is reasonable and prudent, important factors are prevailing speeds. unexpected conditions. and collision records. Speed limits should be established at or near the 85 pementile speed, which is defined as that speed at or below which 85 percent of the traffic is moving. The 85 percentlie speed is often referred to as the critical speed. Pace speed is defined as the 10-mile increment of speed containing the largest number of vehicles (See Figure 8-2). The lower limit of the pace is plotted on the Speed Zone Survey Sheets as an aid in determining the proper zone limits. Speed limits higher than the 85 percentlie are not generally considered reasonable and prudent. Speed limits below the 85 pementile do not ordinarily facilitate the orderly movement of traffic and require constant enforcement to maintain compliance. Speed limits established on the basis of the 851h percentlie conform to the consensus of those who drive highways as to what speed is reasonable and prudent. and are not dependent on the judgemerit of one or a few individuals. The basic speed law states that no person shall drive at a speed ~eater than is reasonable or prudent. The majority of drivers comply with this law. Speed limits set at or slightly below the 85 percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent. Further studies have shown that establishing a speed limit at less than the 85th percentlie (Critical Speed) generally results in an increase in accident rates. When roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers. as indicated in the collision records. speed limits somewhat below the 85 percentlie ma_x be justified. Concurrence and support of enforcement officials are necessary for the successful operation of a restricted speed zone. Speed zones of less than 0.8 km and short transition zones should be avoided. 2. City and County Through Highways. .~M'terials. Collector Roads and Local Streets. a,Introduction - This is a short method of speed zoning based on the premise that a reasonable speed limit is one that conforms to the actual behavior of the majority of motorists. and that by measuring motonsts' speeds, one will be able to select a speed limit that is both reasonable and effective. Other factors that need to be considered include but are not limited to; the most recent two year collision record, roadway design speed, safe stopping sight distance superelevation. shoulder conditions, profile conditions, intersection spacing andoffsets. commercial driveway characteristics. and pedestrian traffic in the roadway without sidewalks. In most situations, the short form will be adequate. but the procedure used on State highways may be used at the option of the local agency. b. Determination of Existing Speed Limits - Figures 8-3 and 8-4 show samples of data sheets which may be used to record speed observations. Specific types-of vehicles may be tallied by use of letter symbols in appropriate squares. The factors justifying a reduction below the 851h percentlie speed in the speed limit are the same factors mentioned above. Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone survey or the accompanying engineering repor 8-14 TRAFFIC RE~GULATIONS Traffic f~lanual Generally, the most decisive evidence of conditions not apparent to the motorist surface in accident histories. The establishment of a speed limit of more than 5 miles per hour (8 km/h) below the 85 percenfile speed should be done with groat care as studies have shown that establishing a speed limit at less than the 851h percentlie generally results in an increase in accident rates, in addition. this may make violators of a disproportionate number of the reasonable majority of drivers. C. Truck Speed Zone on Descending Grades The Fades which may require posting for downhill tracks are those Fades on which there is some record of runaway commercial vehicles. Grades shorter than 1.6 km should not require posting since braking alone can generally provide sufficient control on so short a grade. To establish a downhill track speed limit, a physical profile showing length and gradient and a downhill speed profile for three or more axle commercial vehicles with a gross rating of 10,000 pounds (4,536 km/h) or more will be provided. Speed profiles for truck speed limits shall be prepared on the same form as other speed surveys. An analysis of collisions involving trucks shall be prepared. Posted speeds should be on the low side of the scale, generally within the pace of loaded commercial vehicles. If warranted, the District Director shall issue a standard speed zone order. Posting of the regulation will be by placement of a standard 900 mmx 1150 mm R2 speed limit sign with an R4 truck plate above. A standard R3 sign with an R4 truck plate shall be posted at the end of the truck zone when appropriate. D. Construction Speed Zones Construction speed zones are established on roads under construction where reduced speed is necessary to limit the risk of an accident to workers and the traveling public during all hours of the day and night. Protection of workmen during working hours is provided for under CVC Section 22362. Construction speed zones should be avoided if traffic can be controlled by other means. Where traffic obstructions exist only during the hours of construction. the speed zone signs shall be covered during nonworking hours. The traveled way should' be signed and delineated to communicate physical conditions to the motorists such as curvature, narrow madways. detours. rough roads. dips or humps, etc. The advisory speed plate (W6) may be used in combination with various warning type signs to decrease speed at a particular location. To preserve the effectiveness of this sign. it should not be used unless the condition to which it applies is immediate and will be experienced by all motorists. The Road Work-Speed Limit sign (C 17) should only be used when needed to reduce the risk of an accident to workers on the highway. It should be placed within 400 feet ( 122 m) of each end of the restricted zone and removed wheneverthe workers leave the area. The C17 signs shall not be used on State highway contracts. The following instructions apply to construction speed zones: 1. Speed Limit and End Zone signs will be installed at locations jointly agreed upon by the Traffic Engineer and the Construction Engineer. The speed zone will be verified by an engineering and traffic survey. 2. TheDistrictConstructionEngineershould_ advise the District Traffic Engineer as to the need for removal or relocation of the signs. 3. Orders for construction speed zones are ordinarily issued for the entire length of the construction project. This avoids the necessity and resulting delay of obtaining a new order each time the speed restriction signs require relocation to fit conditions. It is not the intention. however. that the entire length be posted for the duration of the EXHIBIT "C" CALIFORNIA VEHICLE CODE SECTIONS 40800 THROUGH 40808 Div. 17 on a form approved by the Judicial Cou~::zt. the promise under Section 40610, ~ogether with the certification under this section. shall constitute a complaint to which the defendant may enter a plea, and upon which a warrant may be issued if the complaint is verified. Added Ch. 1350. Sta~s. 1978. Operaave JuLy 1, 1979 CHAPTER 3. ILLEGAL EVIDENCE Article 1. Prosecutions Under Cede Vehicle and Uniform Used by Officers 40800 Every traffic officer on du~y for ~he exclusive or main purpose of enforcing the preymiens of Divmion 10 or 11 of this cede shall wear a full distinctive uniform, and if the officer while so on duty uses a motor vehicle, it must be painted a distinctive color specified by the co-~,-~ssioner. This section does not apply to an officer asszgned exclusively to the duty of investigating and securing evidence in rcfercnce to any theft of a vehicle or failure of a person to stop m the event of an accident or violation of Section . 23109 or in reference to any felony charge. or to any officer engaged in serving any warrant when the officer ks not engaged in patrolling the highways for the purpose of enforcing the traffic laws. Amended Ch. 202, Stern. 1961. Eriecave Se~mR,~ 15.19~1. S~d Trap Prohibition ~0801 No peace officer or other person shall use a speed trap in arresting, or participating or assisting m the arrest of, any person for any alleged violation of this cede nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code. Sp~d Traps 40802, (n) A "speed trap" is either of r, he following: ( ) 1 (1) A particular section of a highway measured as to distance and with boundaries marked, designated. or othervase determined in order that the speed of a vehicle ceay be calculated by secunng the time it takes the vehicle ~ travel the known distance. ( ) 2 C21 A particular section of a highway with a prnna facie speed limit that /~ provided by this code or by local ordinance ( ) 3 ~ndtr eubparai~raph (A) of para4Fapk (2) of ez~bdlv~ion (a) of S~ction 22352, or eotablish~d m~d~r ,~ection 2235~, 22357, 2235~ or 2235&3, if that prima facie opted limit ~ not j~tified by an en~neeri~g and traffic ourvey eond~cted within five yeare prior to th~ date of the alleged violation, and enforcer~nt of the epeed limit involveo the aoe of r~d~r or any other electronic device that rnea~ureo the opeed of moving objecte. Tide parae~raph do~e not apply to a la~al errnet, road. or echoel zone. (b) (1) For purpooee of thi~ oeetion, a local otreet or road i~ defined by the lotnot funetional uo~ge and fedtral.a~d oyotem rnape eubm~tted to the federal Highway Admini~trat~n, except that when theee rnapo have not !~en oubmit~ed. or when the otr~et or road io not ohown on the map~ a ~local aftnet or road~ mtano a otreet or road that primarily provideo aceeoe to abuttin~ reeident~al property and meeto the following three condit~one: (-4) Roadway width of not more than 40 feet. ( ) 4 (B) Not more than one-half of a m~e of uninterrupted length. Die. 17 --1121-- §40802 Interruptions shall include official traffic control de~ces as defined in Section 445. ( ) ~ (C) Not more than one traffic lane in each d~rection. ( ) 6 (2) For pzlrpoDe~ of thi~ ~eet~on 'School zone~ meanz that area of road confi~uo~D to a Dehool building or the ground~ thereof, and on which ~a po~ted a otandard 'SCHOOL~ warning ~ign, while children ar~ going to or leaving the gobeel either during acheel hour~ or durin~ the noon recede period. (c) (1) When all the follou~ng criteria are met, paragraph (2) of th~ oubdiv~ion ahall be applicable and oubdiv~oion (a) ohall not be applicable: (AJ When radar io u~ed, the officer i~ouing the citation o~ccec~fldl3~ completed a radar operator course of not le~ than hour~ on the v~e of pol~ce traffic radar, and the course wa~ appraved and certifieed by the Commico~on on Peace Officer ~tandard~ and (B) ~ la~er or a~ oth~r eicetronic d~vice i~ a~d to measure the clz~d ~f ~ovi~ obj~, the officer i~u~g the notice to ap!~ar hao o~cc~fadl~ completed the training required in ~ubparagraph (AJ ~md an additional training voBr~e of not le~ than two kogr~ approv~d and cer~fied by the Comm~oion on Peace Officer Standard~ and Tr~n~n~. (C) (i) Th~ prooe~ut~on proved that the o~cer complied w~th aubparua~aph~ (AJ and (B) and that an entering and om'v~ ka~ heen conducted i:~ accordance with oabparaiSq~ph (B) of paragraph (2). T~e pre~eutlon proved that, prior to the officer i~Bu~n~ tlbe nolice to appear, the officer eatabli~hed that the radar, la~er, or other electronic device conformed to the reqzsiremento of ~abpara~raph (D). (ii) Th~ ppooeeu~on proved the opeed of the accused wa~ uacafe for the eoem~lion~ preoent at the time of alieged violation unleao the citation wa~ far a v~olat~on of Seelion 22349, 22356, or22406. (D) The radar, la~er, or other electron~ device u~ed to mec~ure the ~z~ed of the accused rn~eto. or exceeda the rn~nimal operational ~tamtsrd~ of the Natlo~d Traffic Highway Safety Adm~n~trat~n, and I~ l~ ea~bra~d w~tk~n the three year~ pr~or to the date of the alleged vic&~io~ b2 ~ ~nd~nt certified lair or radar re~. a~r and te~ or eallbs"at~om fse~lity. (2) A ~d trap" i~ either of the folicwin4~: (tA) A par~c~lar oect~os~ era higl~vay measured ac to diatanoe and w~tk bo~ar~eo mart~ed, designated, or otheru~e determined order tka~ tl~ op~d era vehicle ma~ be calculated by oceuring the time it taheo the vehic!~ to travel the known distance. (B) (i) A particular oeetlo~ of a highway or ~tate highway with a priw. a fatle ~l~ed limit that 'io provided by thi~ code or by la~ai ordinance under owbparagraph (A) of para~ruph (2) of asbdlv~on (a) of Section 22352, or e~tabli~hed under Section 22354, 22357, 22358, or 2235~.3, if that prima fucle ~peed limit i~ not ju~lified by an ~ eraO~n~r~ and tr~ffw aurvey conducted within one of the following time per~od~ prior to the date of the alleged violation, and enforcement of the ~peed limit involveo the u~e of radar or any other electronic device that n~acure~ the ~peed of movin~ objects: (I) Except cw op~eified in ~ubclau~e (H), ~even year~. (17) If an en~ncering and traffic ~urvey wa~ conducted more than §,~0803 --~22-- Div. 17 oev~. year~ prior to th4~ date of the alleged violatioa~ and a registered engineer evaluates the section of the highway and determine~ that no s~ifitm'xt chanOe~ in roadway or traffic conditions have occurred~ i~l~r~, but not limited to, changes in ~djoining property or land ~ rm~dway width, or truffle volume, 10 year~. (~) ~ oubparagrt~ph do~s not apply to a local atr~et, road, or oeko~l zorn. f~l|o~nn~ a~ ~nd fcd~-al-aid ~ mal~ an mabmiU~t m ~kO F~k~r~l H~h~ray Adm,-,,w-anon. When ~lk~rty ~nd ~hall mc~ the fol|ov~ng 8. ~. '(c) ~ c~cUon ol,~lt b~omo op~fouve oA Jonuary 1, 1999. S~d ?'rap Etfl~rlc~ ,M803 (s) ~o evidence as to the speed of a vehicle upon a ~ghway shell be ackn~tt, ed in ;.z3y court upon the tz'bi] of 8ny person in any prosecution under th~a code upon s charge involving the speed of a vehicle when the evidence is booed upon or obtained from or by the meretenneco or use of 8 speedtrap, (b) In any prosecution under this cede of a charge involving the speed of 8 vehicle, where enfnrcemenC involves ~e use of redsT or other electronic devices ~,%ich meaLare the speed of mo~g objects, the prosecution shBl] eaLeblish, as pBz'c o~ its prime fscie case, thst the e~denre or testimony presented is not based upon 8 speedtrap 86 defined in pe~ph (2) of subdivision (e) of Section 40802. (c) When 8 tz~u'~c end engineering su,-~ey is requ~'ed poceuent to pezaZ~aph (2) ofmzbd~vision (8) o[ Section 40802, evidence that 8 tref~c Bed eng~ueering sLrvey has been conduct~d wit.itin five Veers of the date of the aZZeged violetion or evidence that the offense wan committed on 8 local street or road u defined in pere~ph (2) o~subd]vision (8) o~Section 40802 shell constitute 8 prime ~ecie case that the evic]ence or tsstimony is not based upon s speedtrsp as defined in pgregraph (2) o~subdivision (8) o~Sec~on 40802, ?'6~lmony Based on Sp~ed 40804 (a) In nay prosecution under this cede upon a charge involving Che speed of a vehicle, stay officer or other person shall be incompetent as a w~tneea i/r the t~atimony is based upon or obtained from or by the maintenance or use of a speed trep. (b) Even/o~cer szTesting, or person so charged wh~|e on duly for the exclusive er mare purpose of enforcing the provisions of Divisions 10 BAd 11 is incompeUmC ss 8 w~tnes8 if at the time of such arrest he was not weer~g a dis~mcr. ive un/f'snn, or wBs Div. 17 --1123-- §40830 using a motor vehicle not painted the distinctive color specified by the This section does not apply to an officer assigned exclusively to the duv.., of investigating and securing evidence in reference to any theft of a vehicle or failme of a person to stop in the event of an accident or violation of Section 23109 or in reference to say felony charge or to any officer engaged in serv,,ng any warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws. ,~dmlssion of Sped Trap Evidence 40805 Everyco~u~shaJlbew~thoutjurisdictiontorenderajudg~nentof conviction against any person for a violation of this code involving the sped of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article. POIiC~ Fl~port$ 40806. In the event a defendant charged with an offense under eds code plead- guilty, the trial cou~ shall not at any time prior to prenouacm; sentence r;ceive or coasider any report, vetbid or writton, of any police or traffic officer or witness of the offense without fully informing the defendant of all statements in the report or statement of witnesses, or without giving the defendant an opponuaity to make ~n~wer thereto or to produce witnesses-in rebuttal, and for such purpose the court shall ;'rant a continuance before prenouncing sentence if requested by the defendant. U.~ of E~t~snce Regarding Dap~rimsnel Action 40807 No record of any action taken by the department a~inst a pereon's privilege to opento a motor vehicle, nor any t~'.stimony reZardi-E the proceedings at, or concerning, or produced at, any hearing held m .connection with such action, shall be admissible as evidence in any court in any crlmi,,1 action. --: No pr~ision of this section shall in any way limit the admissibility of such records or testimony as is necessar~ to enforce the provisions of this cede relating to operating a motor vehicle without a valid drivers license or when the driving privilege is suspended or revoked, the admisalbllity of such recor~lD or testimony in any prosecution for failure to disclose any mater at such a hem*ing when requiI~l by law to do as, or the admissibilit7 of such records and testimony when introduced solely for the purpose of impelchinE the credibility of a witness. Addcd Cb. 804, Rtat~. 1977. El~e~ive J~nu~ry L 1978. ~ Yr~p Evidence 40808 Subdivision (d) of Section 28 of Article I of the Callforms Constitution shall not be conslrued as abrogating the evidentiary provisions of this article. Article 2. Civil Actions E~sc~ of Contdctlons 40830 In either of the following circ~zmetances a violation of any provision of this cede does not establish negligence as a matter of law, but in any civil action under either of the cilTt~metances negligence must be proved as a fact without regard to the violation. The circumstances under which this section applies are eithe~ BTBM 15 APPROVAL CiTY ATTORNEY TO: FROi~h DATE: SUBJECT: CITY OF TEI~IECULA AGENDA REPORT City Manage~City Council Herman Parker, Director of Community Services~ June 27,2000 Acceptance of Grant Deed - Woodside Chantemar RECOEvlI~IENDATION: That the City Council: 1) Authorize acceptance of the Grant Deed for Long Canyon Creek Park, located in the Woodside Chantemar Development, subject to the City Attorney's prior approval of the Title Report and confirmation of the satisfaction of conditions of approval. 2) Approve the Park Warranty Agreement with Woodside Chantemar for maintenance and establishment period of the park. DISCUSSION: On February 3, 1999, the City Council approved Tentative Tract Map No. 28510 for the Woodside Chantemar Development. As part of this development, the developer is conditioned to construct and dedicate a 3.15 acre park to the City of Temecula. Subsequent to the approval of the final map, concerns were raised over the perimeter slope construction adjacent to the Meadowview Homeowners. The developer has met with City staff and the property owners who reside adjacent to the slope, and worked cooperatively to address their concerns. However, re-design of the slope to accommodate these changes has delayed the installation of the slope landscaping as well as the park site. Woodside is now working diligently on the slope landscaping, and this work is estimated to be complete within 60 days. Park site improvements have been installed and we are entering the maintenance period. In consideration of Woodside Chantemar's commitment to alter the slope, enhance landscaping and assume maintenance of the slope for one year, it is recommended that the dedication of the park be accepted at the beginning of the maintenance period. The developer will retain responsibility for maintenance of the park during the plant establishment period and until the Director of Community Services accepts the improvements. The developer will also retain liability for the park and improvements during the maintenance period. FISCAL II~/IPACT: None, ATTACHiVIENTS: 1) Grant Deed 2) Park Warranty Agreement F:\DepLs\CSD~ZIGLERG\REPORT~062700 Woodside Grant Deed,doc EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE, SECTION 6103 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor declares: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WOODSIDE CHANTEMAR, INC., a California corporation hereby grants to the CITY OF TEMECULA, a municipal corporation, the following described real property in the City of Temecula, County of Riverside, State of California: Lot 81 of Tract 28510-1 in the City of Temecula, Riverside County, California ("Park Site"). See Exhibit "A' attached hereto, Presidem California. STATE OF CALIFORNIA , personally appeared Tim McGinnis and Nathan W. PugsIcy, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that in they executed the same ' their authorized capacities, and that by their signatures on the insmanent the persons, or the entity upo If of which t ersons acted, executed the instrument. Notc~ pul~lk: - toll CONSENT The City of Temecula hereby consents to the grant of real property set forth above. City of Temecula By: Jeffrey E. Stone, Mayor ATTEST: By: Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM: By: Peter Thorson, City Attorney EXHIBIT "A" MAP SHEETS' FOR ON TRACT BOUNDARY SCHOOL S I TE ?,:,.., ,.; TRAOT NO, 8884 M.,B, 64/26-,30 LOT 40 T,qAC]T NO, 288~8 IV~B, 278,/80-88 ENVIR~TAL CONSTRAINT'NOTE THE ENVIROltvIENTAL C0NSTRAINTSFEETAFFECTINGTHISMAp I: OF THE CITYENGIkEER, CITY OFI'E)~ECULA. IN ECS BOOKT-Pz ALL LOTS. PARK WARRANTY AGREEMENT BETWEEN THE CITY OF TEMECULA AND WOODSIDE CHANTEMAR FOR TRACT 28510 THIS PARK WARRANTY AGREEMENT is entered into as of June 27, 2000 by and between the City of Temecula, a municipal corporation ("City"), and Woodside Chantemar Inc., a Califomia corporation ("Developer"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, which each party acknowledges and agrees to be true and correct: a. On February 3, 1999, City approved Tentative Tract Map No. 28510 which is owned by the Developer. b. Condition of Approval No. 93 to Tract 28510 ("Condition 93") requires Developer to improve and dedicate a park facility (Lot 81 within Tract 28510-1 ) to the City prior to the issuance of the 78th building permit and specifically provides as follows: "93. The 3.15 acre park facility shall be improved and dedicated to the City prior to the issuance of the 78th residential building permit for the overall project, or within two (2) years of map recordation for the first phased lots, whichever comes tint." (Hereafter the "Park.") c. Developer has been conditioned to improve and dedicate the land for the Park to the City and the facilities for the Park are nearly complete. City has . approved the improvements for the Park ("Improvements") and the Improvements are currently under construction. Following completion of the actual construction of the Improvements, the plans and specifications for the Improvements require a 90 day maintenance period during which the Park is fenced off from the public so as to allow all plant material to become established prior to public use. d. The purpose of this Agreement is to clarify the time at which the 78th and subsequent building permits may be issued in light of the City's present determination that the requirements of Condition 93 have been satisfied. The parties agree that this acceptance by the City Council is prior to the completion of the 90 day ma'mtenance period. The parties desire to ensure that the Developer continues to be bound to provide the normal and customary maintenance services accorded during the 90 day period regardless of the City's prior acceptance. 2. Park Facility Warranty. Within five (5) working days of the date of this Agreement, Developer shall filed with the City a warranty bond in the amount often percent (10%) of the cost of the Improvements or reduce the Faithful Performance Bond to this amount. F:kDepts\CSDWIcCarthC\woodside chantemar park agreement.doe - 1 - The bond shall remain in place for one year following the completion of the 90 day maintenance period. During the 90 day maintenance period following completion of the actual construction of the Improvements, Developer shall: a. Maintain the plant material in accordance with the approved plans and specifications for the Park Improvements and replace, at its sole cost and expense, any plant material which may die, decline or be damaged in any way, from any cause, whether or not due to the acts or omissions of the Developer, its employees, agents or contractors. b. Maintain all fixtures, amenities and hardscape Improvements in accordance with the approved plans for the Park Improvements and replace or repair, at its sole cost and expense, any Improvements, or portions thereof, which may be destroyed or damaged from any cause, whether or not due to the acts or omissions of the Developer, its employees, agents or contractors. c. To the full extent permitted by law, Developer shall defend, indemnify and hold harmless City and the Temecula Community Services District, their employees, agents and officials, from any liability, claims, suits, actions, judgments, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorneys fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the Developer's acts or omissions with respect to the Park or the authorized or unauthorized use of the park site. All obligations under this provision are to be paid by Developer as they are incurred by the City. d. Director of Community Services shall approve the condition of plants, landscaping and improvements prior to release of Developer from the 90 day maintenance period and to release any and all bonds at the time provided for in this Agreement. 3. Issuance of Building Permits. Upon the submission of the warranty bond or the reduction of the Faithful Performance Bond as described in Paragraph 2 of this Agreement and the City Council's acceptance of improved Parcel 81 of Map 28510, as required by Condition 93, shall be deemed to have been complied with and the Chief Building Official shall be authorized to issue building permits for Tract 28510-1, 28510-2 and 28510-3 and final provided that all other conditions precedent to the issuance of the building permits have been complied with to the satisfaction of the Chief Building Official. 4. Developer Warranties and Representations. Developer warrants and represents to the City that there are no Deeds of Trust and other encumbrances or easements, which interfere with park use, affecting the Property. F:~Depts\CSDMMcCarthC\woodside chantemar park agreement.doc - 2 - 5. Entire Agreement; No Modification of Existing Agreements. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, relating to these obligations are merged into this Agreement and shall be of no further force or effect. Except as specifically provided herein, nothing in this Agreement is intended to, nor shall be construed to, modify any provision of the Park Improvement Agreement dated July 20, 1999 between Developer and the Temecula Community Services District, the Subdivision Improvement Agreement dated July 23, 1999 between Developer and the City, nor the conditions of approval of Tract 28510, together with any City authorized amendments thereto. F:'vDepts\CSDWlcCarthC\woodside chantemar park agreement. doc - 3 - IN WITNESS WHEREOF, the parties hemto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeffrey Stone Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attomey WOODSIDE CHANTEMAR, Inc., a California Corporation By: Name: Title: By: Name: Title: [Signature of two corporate officers required] F:\Depts\CSDkMcCarthC\woodside chantemar park agreement.doe - 4 - CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: Board of Directors Herman D. Parker, Director of Community Service~ June 27, 2000 SUBJECT: Professional Services Agreement for TCSD Landscape Plan Check and Inspection Services PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the Board of Directors: Approve a Professional Services Agreement with Pela, a Landscape Architectural Firm, for TCSD landscape plan check and inspection services in the amount of $65,000 and authorize the Board President to execute the agreement. Authodze the General Manager to approve additional services, not to exceed the contingency amount of $6,500, which is equal to 10% of the agreement amount. BACKGROUND: Since 1993, Pela, a Landscape Architectural Firm, (Pela) has provided landscape plan check and inspection services to the TCSD to augment the Maintenance and Development Services Divisions of the TCSD. These services are necessary to insure that future developer-constructed City parks and landscape maintenance areas are designed and constructed to TCSD standards. Staff is pleased with the services provided by Pela and no complaints have been received from the development community. The current agreement between Pela and the TCSD expires on June 30, 2000. The proposed agreement is for a term of one year with two (2) one-year extensions. These renewals are at the City's sole option. The following agreement provides for plan check and inspection on developer-constructed projects only. Developers pay the TCSD for the necessary landscape and inspection services. In return, ell plan check and inspection revenue collected from the development community offsets the costs for services provided under this contract. FISCAL IMPACT: There is no net fiscal impact to the TCSD. The fees paid to the consultant are offset by the plan check and inspection fees paid by the developers. Sufficient appropriations are proposed in the FY 2000-01 budget in fund 190-180-999-5248 (Parks and Medians) in the amount of $40,000 and in fund 193-180-999-5248 (Slopes) in the amount of $25,000. ATTACHMENTS: Professional Services Agreement F:',Depts\CSD~RUSEP~,GENDAS~PELA 2000-01 .doc CITY OF TER/tECULA AGREEMENT FOR CONSULTANT SERVICES TCSD Parks/Landscape Plan Check and Inspection Services THIS AGREEMENT, is made and effective as of June 27. 2000, between the City of Temecula, a municipal corporation ("City") and Pela. a Landscape Architectural Firm, (Consultant"). In consideration of the mutual covenants and conditions set forth heroin, the parties agree as follows: 1. TERR/I. This Agreement shall commence on June 27. 2000 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 2001 with two (2) one year extensions at the sole option of the City, 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 set forth in Exhibit A. 3. PERFORi~IANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shaft 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 attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Sixty-Five Thousand and No/100 Dollars ($65,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. F:\Depts\CSD\RUSEP\CONTRACT~PELA 2000~)1 .doc 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OFCONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the dght to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all odginal 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 F:~Depts%CSD\RUSEP~CONTRACT~PELA 2000~)1 .doc available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEIVlNIFICATION. The Consultant agrees to defend, indemnity, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands. losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREi~IENTS. 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: 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: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage, or a non-owned auto endorsement to the General Commercial Liability policy. F:\DeptS~CSD\RUSEP\CONTRACT~PELA 2000~)1 .dec (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: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: U) (2) (3) (4) (5) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by 'the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' pdor wdtten notice by certified mail, retum receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F:\Depts\CSD\RUSEP\CONTRACT%PELA 2000~1 .doc 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 behal~ The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interregatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review F:%Depts\CSD%RUSEP\CONTRACT~PELA 2000~)1 .doc any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Pela, a Landscape and Architectural Firm Attention: Mike Elliott 637 Arden Drive Encinitas, CA 92024 14. ASSIGNWENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without pdor written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Mike Elliott shall perform the services described in this Agreement. Mike Elliot may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Mike Elliot from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the 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 judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. F:~Depts\CSD%RUSEP\CONTRACT~PELA 2000~)1 .dec 17. ENTIRE AGREESENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREESENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONSULTANT Pela. a Landscape Architectural Firm By: Name: Title: CITY OF TEi~IECULA Jeff Comerchero, President Attest: Susan W. Jones, CMC City Clerk/District Secretary Approved As to Form: Peter M. Thorson, City Attorney F:~Depts~CSD\RUSEP~CONTRACT~PELA 2000~1 .doc EXHIBIT A TASKS TO BE PERFORMED F:'~Depts%CSD',RUSEP%CONTP, ACT%PELA 2000~1 .doc EXHIBIT A SCOPE OF WORK The foliowing is a breakdown of the plan check and inspection services for TCSD maintenance areas: 1. LANDSCAPE CONSTRUCTION DOCUMENTS - PLAN CHECK REVIEW Upon notification from the TCSD that construction plans have been received, consultant shall pick up plans for review. Consultant will verify consistency with TCSD landscape standards and specifications, map conditions of approval, and CC&Rs. One set of plans will be relined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformante with TCSD standards. Items not addressed in the TCSD standards but that are outside the profession norms will- also be marked for explanations from the subminer. Upon request of the TCSD Maintenance Superintende. nt, Consultant wffi review and approve developer's Construction Cost Estimate of proposed improvements in order to determine bonding requirements for the project. D. Consultant shall remro plans and plan check comments to the TCSD Maintenance Superintendent within two (2) weeks of receipt of first subminal; one (I) week for second and third submittal. Plan check comments will also be provided on disk format for use by City. E. Once revisions have been resubmirted by the developor, consultant shall check the plans for conformante. Should all revisions have been made and all questions answered, the plans will be ready for approval. If all revisions axe not made, one set of plans and the check list will be redlined again and returned to the applicant a second time for revisions. This process wffi continue until the plans are brought into conformance with City standards. LANDSCAPE INSPECTION SERVICES Consultant shall provide landscape construction inspection services in order to insure implementation is in conformance with the approved plans and TCSD sumdards. Wrinen comments will be provided to the project planner after each inspection. r3y~im~s~[lmmg. '9- R~-vis~ 9t15/91 EXHIBIT B PAYMENT RATES AND SCHEDULE F:\Depts\CSD\RUSEP\CONTRACT~PELA, 2000~1 .doc PAGE Commun~y Serves ~ 432~ Iiusismss P~rk De~r ~hyllis, BTEM 2 APPROVAL GITYATTORNEY ~ FINANGE DIREGTOR GITYMANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services(~ June 27, 2000 Amendment to the Landscape Maintenance Contract with Excel Landscape, Inc. for FY2000-01 PREPARED BY: RECOiVlMENDATION: Kevin T. Harrington, Maintenance Superintendent That the Board of Directors: 1. Approve the Landscape Maintenance Services Contract Amendment with Excel Landscape, Inc. to allow for the addition of supplemental landscape maintenance areas to be brought on line during the term of the contract for Fiscal Year 2000-01. 2. Authorize the expenditure of funds in the amount of $ 793,800 for the base contract and an additional amount not to exceed $34,800 for the supplemental areas to be brought on line during the term of the contract. 3. Approve contingency of 10% in the amount of $82,860 for extra work items. BACKGROUND: Excel Landscape, Inc. (Excel) has been providing landscape maintenance services for the City under this agreement since July 1, 1997. On June 22, 1999 their contract was extended through June 30, 2001. That contract extension amendment also had provisions that allowed for the addition of supplemental landscape maintenance contract areas to come on line during the remaining term of the agreement. However, there were some unforeseen areas that were not included. The Landscape Maintenance Services Contract Amendment No. 8 is required to include those areas. The base contract amount is $ 793,800 and the amount for the supplemental areas is $34,800. R:\HAP, IINGK\AGENDA.RPT\ExCelAmend8Expend 00-01 .doe In addition to the General Landscape Maintenance Services Expenditure and the Supplemental Areas the TCSD is requesting the approval of a 10% contingency in the amount of $82,860 for extra work items. The required extra work items may include repairing, rehabilitating and improving City sites. FISCAL li~IPACT: The amount of the contract for Excel Landscape, Inc. including the additional sites to be added during the term of the contract and the contingency for Fiscal Year 2000-01 is $911,460. Sufficient funds have been included in the TCSD Annual Operating Budget for Fiscal Year2000-01 in accounts 190-180, 190-181,190-182, 190-184, 190-185, 191-180, 193-180, 340- 701,340-702, 001-164 and 001-171. ATTACHMENTS: Original Agreement Seven (7) Subsequent Amendments Amendment No. 8 R: \HARRINGKNAGENDA.RPT\ExcelAmend8Expend 004)1 .doc AMENDMENT NO. 8 TO AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE DATED JUNE 24, 1997 FOR LANDSCAPE MAINTENANCE SERVICES TIllS EIGHTH AMENDMENT is made and entered into as of June 27, 2000, by and between the City of Temecula ("City"), Temecula Community Services District ("District") and Excel Landscape, Inc., a California corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes, which the parties agree are true and correct: a. On June 24, 1997, the City and Contractor, for the benefit of the District, entered into an Agreement for landscape maintenance services within the City 's greenbelts, landscape service areas, medians, open space areas, parks and rights -of-way. b. The original Agreement was amended on July 1, 1998, August 11, 1998, January 11, 1998, March 22, 1999, April 5, 1999, April 15, 1999, AND June 22, 1999, in order to add areas to the Contractor's Scope of Work. The June 24, 1997 Agreement, as amended, shall be referred to as the "Agreement." c. Section 9, of the Agreement provides for a contract term of 24 months which would expire on June 24, 1999 and a provision for two one year extensions of the term of the agreement. d. The Seventh Amendment extended the term of this Agreement for an additional period of two (2) years to June 30, 2001. e. It is now the desire of the parties to amend this Agreement to provide for revisions to the areas to be maintained and adjust the price for maintaining these areas. 2. Exhibit A, Landscape Maintenance Contract Areas, attached to this Eighth Amendment, is hereby substituted in place of Exhibit A to the Agreement. 3. Exhibit B, Supplemental Landscape Maintenance Contract Areas, attached to this Eighth Amendment, is hereby substituted in place of Exhibit B to the Agreement. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. //// IIII R:\HARRINGK~AGREEMNT~Excel Landscape 6-00 Amend. 8.doe IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero President Attest: Susan W. Jones, CMC City Clerk/District Secretary Approved As to Form: Peter M. Thorson City Attorney/District Counsel EXCEL LANDSCAPE, INC., a California Corporation By: Name: Title: By: Name: Title: (Two signatures of Corporate Officers is required). R:\HARRINGKXAGREEMNT\Excel Landscape 6~0 Amend. 8.doe _Site # P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-9 P-10 P-11 P-12 P-13 P-14 P-15 EXHIBIT A Landscape Maintenance Contract Areas (Amended as of June 27, 2000) NEIGHBORHOOD PARKS SERVICE AREA Site Name Veterans Park Sam Hicks Monument Park Calle Aragon Park Bahia Vista Park Loma Linda Park Riverton Park John Magee Park Voorburg Park Nicolas Road Park Butterfield Stage Park Temecula Duck Pond Rotary Park Nakayama Park Winchester Creek Park Monthly Price $1,5_50,00 800.00 250.00 250.00 707.00 1,617.00 310.00 303.00 812.00 782.00 2.155.00 300.00 125.00 1.568.00 Annual Price $18.600.00 9,600.00 3.000.00 3.000.00 8.484.00 19.404.00 3,720.00 3,636.00 9.744.00 9,384.00 25,860,00 3,600.00 1.500,00 18,816.00 TOTAL $ 11,529.00 $138,348.00 EXHIBIT A, page 1 of 7 R:\HARRINGK',AGREEMNT\ExCel Landscape (>00 Amend. 8.doc Site # SS-1 Site Name Via Eduardo Streetscape STREETSCAPE SERVICE AREA Monthly Price $106.00 TOTAL $ 106.00 Annual Price $1.272.00 $ 1,272.00 EXHIBIT A. page 2 of 7 RAHARRINGKXAGREEMNT\Excel Landscape 6430 Amend. 8.doe SPORTS PARKS SERVICE AREA Sit~ # SP-1 SP-2 SP-3 SP-4 SP-5 SP-6 Site Name Rancho California Sports Park Paloma Del Sol Park Pala Community Park Kent Hintergardt Park Margarita Community Park Temeku Hills Park Monthly Price $9.294.00 3,592.00 2,333.00 3,359.00 3,147.00 3,600.00 Annual Price $111,528.00 43,104.00 27,996.00 40.308.00 37,764.00 43,200.00 TOTAL $ 25,325.00 $ 303.900.00 EXHIBIT A, page 3 of 7 R:\HARRINGKLAGREEMNTXExcel Landscape 6~00 Amend. 8.doe IVIEDIANS SERVICE AREA Site # M-1 M-2 M-3 M-4 M-5 M-6 M-7 M-8 M-9 M-11 M-12 M-16 Site Name Monthly Price Rancho California Road Median $400.00 Ynez Road Median 500.00 Butterfield Stage Road Median 150.00 Margarita Road Median at Rancho Cal. Rd 100.00 Margarita Road Median at 79 South 100.00 Margarita Road Median at Solana Ridge 50.00 Margarita Road Median at Tuscany Ridge 100.00 Margarita Road Median at Winchester Rd. 50.00 Margarita Road Median at Promenade Mall 300.00 Winchester Road Median at Jefferson 100.00 Rancho California Rd. Median at Portafino 100.00 Rancho Cal. Rd. Median at Margarita Rd. 25.00 Annual Price $4.800.00 6.000.00 1,800.00 1.200.00 1,200.00 600.00 1,200.00 600.00 3,600.00 1,200.00 1.200,00 300.00 TOTAL $ 1,975.00 $ 23,700.00 EXHIBIT A. page 4 of 7 CONli~IUNITY FACILITIES SERVICE AREA Site # F-1 F-2 F-3 F-4 F-5 F-6 F-7 F-8 Site Name. Community Recreation Center Senior Center City Hall/Maintenance Facility Temecula Community Center Fire Station #84 Old Town Parking Lot A Old Town Streetscape Temecula Valley Museum Monthly Price $1.444.00 361.00 541.00 193.00 400.00 250.00 987.00 285.00 AnnuaiPrice $17,328.00 4.332.00 6,492,00 2,316.00 4,800.00 3.000.00 11,844.00 3,420.00 TOTAL $ 4,461.00 $ 53,532.00 EXHIBIT A, page 5 of 7 R:\HARRINGKx, AGREEMNT\Excel Landscape 6~0 Amend. 8.doc SLOPE SERVICE AREA (SOUTH) Site # S-3a S-3b S-4 S-8 S-12 S-13 S-16 Site Name Rancho Highlands Rancho Highlands - Ynez Road Slope The Vineyards The Villages A and B Vintage Hills Presley (Viranda, Country Glen, Bridlevale) Tradewinds Monthly Price $515.00 1.000.00 255.00 4.734.00 4,600.00 1,408.00 863.00 Annual Price $6.180.00 12,000.00 3.060.00 56.808.00 55.200.00 16.896,00 10.356.00 TOTAL $ 13.375.00 $ 160,500.00 EXHIBIT A. page 6 of 7 R:\HARRINGK',AGREEMNT\Exce[ Landscape 6-00 Amend. 8,doc SLOPE SERVICE AREA (NORTH) Site # s-1 s-2 s-5 s-6 s-7 S-9 s-10 s-11 S-14 s-15 S-17 Site Name Saddlewood/Pavillion Point Winchester Creek I and II Signet Series Woodcrest Country Ridgeview Rancho Solana Martinique Meadowview Estates Mirada Barclay Estates Monte Vista Monthly Price $2,372.00 1,202.00 2,534.00 559.00 773.00 130.00 355.00 150.00 394.00 344.00 565.00 Annual Price $28,464.00 14,424.00 30,408.00 6,708.00 9,276.00 1.560.00 4.260.00 1,800.00 4,728.00 4,128.00 6,780.00 TOTAL $ 9,378.00 $112.536.00 EXHIBIT A, page 7 of 7 R:\HARRINGK',AGREEMNT\Excel Landscape 6-00 Amend, 8.doe Site # M-10 M-13 M-14 M-15 M-17 M-18 M-19 M-20 EXHIBIT B Supplement Landscape Maintenance Contract Areas (Amended as of June 27,2000) MEDIANS SERVICE AREA Site Name Monthly Price Margarita Road Median at Laurel Creek 75.00 Paseo Del Sol Median Islands 500.00 Solana Way Median Islands 75.00 Margarita Rd. Median at Pio Pico 200.00 Pala Rd. Bridge Median at 79S 150.00 Margarita Rd. Median at Date Street 100.00 DePortola Rd. Median at Palmoa Del Sol 100.00 Margarita Rd. Median at Pauba Road 50.00 TOTAL $ 1.250.00 Annual Price 900.00 6.000.00 900.00 2,400.00 1,800.00 1,200.00 1,200.00 600.00 15.000.00 EXHIBIT B, page 1 of 4 F:\DEPTS\CSDXHARRINGKx, AGREEMNT\ExeeI Landscape 64}0 Amend. 8.dec ~ite # SS-2 SS-3 SS-4 STREETSCAPE SERVICE AREAS Site Name Pauba Road Streetscape at Rancho Calif. Sports Park Rancho Calif, Rd. Streetscape at 1-15 Pala Road Streetscape at Pala Bridge Monthly Price $ 200.00 $ 100.00 $ 100.00 TOTAL $ 400.00 Annual Price $ 2.400.00 $1.200.00 $1.200.00 $ 4,800.00 EXHIBIT B, page 2 of 4 R:\HARRINGK',AGREEMNT\Excel Lanascape 6~0 Amend. 8.doc Site # P-16 Site Name Long Canyon Creek Park TOTAL PARK SERVICE AREAS Monthly Price $1.000.00 $1.000.00 Annual Price $ 12.000.00 $ 12.000.00 EXHIBIT B, page 3 of 4 R:\HARRINGKXAGREEMNT\Excei Landscape 6-00 Amend. 8.doc Site # F-9 Site Name Old Town Parking Lot B TOTAL COMMUNITYFACILITIES SERVICE AREA Monthly Price 250.00 $ 250.00 AnnualPrice 3.000,00 $ 3,000.00 EXHIBIT B, page 4 of 4 R:\HARRINGK~AGREEMNTXExCel Landscape 64/0 Amend. 8.doe AGREEMENT This Agreement, made and entered into this 24th By and Between day &June 1997. City ofTemecuta, a Municipal corporation hereinafier referred to as "CITY" and Excel Landscape. Inc. a California Corporation hereinafter referred to as "CONTRACTOR" RECITALS WHEREAS, CITY desires to obtain the services of a landscape maintenance Contractor to perform landscape maintenance within the CITY's greenbelts, landscape service areas, medians, open space areas, parks and rights-of-way. WHEREAS, Contractor is a firm that possesses the necessary equipment, licenses, insurance, and personnel to provide such services; and WHEREAS, CITY's Council has authorized execution of this AGREEMENT to retain the services of Contractor. NOW, THEREFORE, it is mutually agreed that CITY does hereby retain Contractor to provide landscape maintenance under the following terms: 1. CONTRACT DOCUMENTS The complete Contract includes the following documents: 1) RFP and 2) General Landscape Specifications. When the Specifications 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. 2. SCOPE OF WORK CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessmy tools, expendable equipment, and all utility and transportation services in accordance with "City of Temecula: General Landscape Maintenance Specifications" for slopes (north) and neighborhood parks as described in the RFP. 3. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manger 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. 4. PAYMENTS The City agrees to compensate monthly the Contractor for services actually performed in accordance with the pricing sheets attached hereto as Exhibits I and 2, and incorporated herein as though set forth in full. Included with mi3nthly billing will be the work functions accomplished during that period, (i.e., fertilization, pest control, etc.). The City shall review the invoices submitted by the Contractor to determine whether the services were performed. Payment shall be made thirty-five (35) days following submittal of the invoice, or City shall provide the Contractor with a written statement objecting to the invoice. Monthly invoices shall be sent to: City of Temecula Finance Department 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 LIOUIDATED DAMAGES: NONPERFORMANCE Contractor may be assessed penalties by City up to one hundred percer/t (100%) of the monthly value of a site for nonperformance and up to sixty percent (60%) of the monthly value ofa site for substandard performance. Such penalties shall be assessed at the discretion of the City. Contractor shall be notified of any penalties in accordance with the terms of this Contract. The Contract may be terminated by City for failure of Contractor to satisfactorily perform any corrective action after being notified of service failure on more than seven(7) occasions during the base term of the Contract. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification" form to Contractor by City. Said notice will serve as formal notification that Contractor has incurred a service' deficiency sufficiently material that contract termination may result if satisfactory corrective action is not taken by Contractor. The Performance Deficiency Notification will contain the acceptable time period for service correction. Upon Deficiency Notification, the correction will either be accepted or rejected. If accepted, part or all of the penalties may be waived, regardless of whether City has incurred loss as a result of said service failure. Contractor will be notified of correction acceptance status by delivery of a Performance Deficiency Status Memorandum. Should correction not be accepted, a separate additional Performance Deficiency Notification will be delivered to Contractor, thus increasing the number of Deficiency Notices received by Contractor. If Contractor should neglect or refuse or fail for any reason to perform the work, the City may terminate the Contract for nonperformance with five (5) days written notice to Contractor. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work. 6. WAIVER OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, on or before making each request for payment, Contractor shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of each payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall execute an affidavit and release with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any sub-contractor under him, in violation of the provisions of the Contract. 8, LIABILITY INSURANCE CONTRACTOR, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Ldbor Code which requires ever,] employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 9. TERM The Contract shall remain in full force and effect for a period of 24 months from the date of written notice to proceed, unless terminated by either party. City reserves ihe right to exercise its option to extend this Agreement for two one- year extensions within ninety (90) days prior to its expiration. Contract price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Pric6 Index for all Urban Consumers in the Los Angeles-Anaheim- Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). Either party may terminate this Agreement for any reason, with or without cause within thirty (30) days written notice to the other party. 10. TIME OF THE ESSENCE Time is of the essence in this C6ntract. All time requirements stated herein shall be satisfied. 11. INDEMNIFICATION All work covered by this Contract done at the work site or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly pr indirectly out of the 9bligations 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. 12. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may herealter exist or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 13, GKATUITIE S - CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. 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 prorider of Specifications. Contractor further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15. CONTRACTOWS AFFIDAVIT Simultaneously with submitting each monthly invoice, Contractor shall file with the City his affidavit stating that all workmen and persons employed, all firms supplying materials, and all sub-contractors 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 flied under the provisions of the laws of the State of California. 16. SIGNATURE OF Contractor Corporations The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office. Pannerships The names of all persons comprising the partnership or co-partnership must be stated. The proposal must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of pannership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign. Joint Ventures Proposals submitted as joint ventures must so state and be signed by each joint venturer. Individuals Proposals 'submitted by individuals must be signed by the Contractor, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature. 17. 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. 18. 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.~ubject to inspection and audit by any authorized representative of the CITY. 19. UTILITY LOCATION- CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2. 21. HAZARDOUS MATERIAl, S/CONDITIONS CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705. A. CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as Contractor, or any of Contractor's sub-contractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: 1. The presence of any material that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code: Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. Pending a determination by the CITY of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. CITY shall promptly investigate the reported conditions. If CITY, through, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. In the event of a dispute between CITY and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. 22. INSPECTION The work shall be subject to inspection and testing by authorized CITY personnel. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 23. DISCRIMINATION CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. GOVERNING LAW This Contract and any dispute arising hereunder shall be governed by the law of the State of California. Venue shall be the County of Riverside. In the event litigation is commenced by either party with respect to this contract, the prevailing party in such litigation, as determined by the Court, shall be entitled to reasonable attorney fees. 25. WRITTEN NOTICE Any written notice required to be given in any pan of ihe 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: Shawn D. Nelson, Director of Community Services City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED= ~SYZ:.nnt~o~rcipe TiTL~,~C~/C//~r/7J DATED: APPROVED AS TO FORM: Pet~ney ATTEST: reek, City Clerk EXHIBIT 1 City of Temecula Request for Proposal Pricing Sheet fOr Landscape Maintenance Site P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-9 P-10 P-II P-12 P-13 P-14 NEIGInlBORtiOOD PARKS SERVICE AREA Site Name Veterans Park Sam Hicks Monument Park Calle Aragon Park Bahia Vista Park Loma Linda Park Riverton Park John Magee Park Voorburg Park Nicolas Road Park Butterfield Stage Park Temecula Duck Pond Rotary Park Nakayama Park Monthly Price $1,550.00 $ 80O.00 $ 250.00 $ 25O.00 $ 707.00 $1,617.00 $ 310.00 $ $ 812.00 $ 782.00 $ 300.00 $ 125.00 AnnualPrice $]8,600.o0 $ 9,600.00 $ 3,000.00 $ 3,000.00 $ 8,484.00 $19,404.00 $ 3,720.00 $ S 9,744.00 $ 9,384.00 $ 3,600.00 $1,500.00 TOTAL $8,961.00 $107,532.00 EXH1RIT 2 City of Temecula Request for Proposal Pricing Sheetfor Landscape Maintenance SLOPE SERVKCE AREA (NORTi~) ' Site # S-2 S-5 S-6 S-7 S-9 S-10 S-11 S-14 S-15 Saddlewood/Pavillion Point Winchester Creek I and II Signet Series Woodcrest Country Ridgeview Rancho Solana Martinique Meadowview Estates Mirada Barclay Estates Monthly Price S $1.202,~ $ 2,534.00 $ ~59:oo $ 1'73.00 $ $ 355.00 $ 150.0D $ 394.00 $ 344.00 Annual Price $ ~8,4~4,Cn $ 14,4~4 S t('),408 $ 6o70B~00 $ 9,276.00 S 4.2C4L00 $ 1,800.00 $ 4,7~ .(Y) · $ 4J28 TOTAL $ 8.8L%0o Ai~/IENDi~IENT NO. 1 TO AGREEMENT BETWEEN THE TEIVIECULA COi~/ii~/IUNITY SERVICES DISTRICT AND E~(CEL LANDSCAPE, INC. DATED JUNE 2a,, 1997 FOR LANDSCAPE i~iAINTENANCE SERVICES THIS FIRST AI~iENDIVIENT is made and entered into as of July 1.1998 by and between the Temecula Community Services District ("City") and Excel Landscape. Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: purposes: This Amendment is made with respect to the following facts and A. On June 24, 1997 the City and Contractor entered into an agreement for landscape maintenance services within the CITY's green belts, landscape service areas, medians, open space areas, p~arks and rights-of-way. ("Agreement"}. B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Exhibit 1 to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit 1A is added to the Agreement as set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. ll~ ~/IT~ESS ~/HEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEiViECULA COiViiVIUNITY SERVICES DISTRICT BY: Ronald E. Bradley, City ~er ATTEST: BY: o Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape. Inc, Site # P-1 P-2 P-3 P-4 P-5 Po6 P-7 P-9 P-10 Poll P-12 P-13 P-14 SS-1 ATTACHIVIEi~T "A" EXHIBIT 1A City of Temecuia Request for Proposal Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site Name Veterans Park Sam Hicks Monument Park Calle Aragon Park Bahia Vista Park Loma Linda Park Riverton Park John Magee Park Voorburg Park Nicolas Road Park Butterfield Stage Park Temecula Duck Pond Rotary Park Nakayama Park Via Eduardo Streetscape Monthly Price Annual Price 1.550.00 9 18.600.00 800,00 9,600.00 250.00 3,000.00 250.00 3.000.00 707,00 8,~,84.00 1.617.00 19.404,00 310,00 3,720,00 303.00 3,636.00 812.00 9.744.00 782,00 9,384.00 1,155.00 13.860,00 300.00 3.600.00 125,00 1.500,00 106.00 1,272.00 TOTAL 99.067,00 9108.804.00 AitENDiiENT NO. 2 TO AGREEIVIENT BETWEEN THE TEI~/IECULA COiVIi~/IUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE DATED JUI%]E 2zk 1997 FOR LANDSCAPE IViAINTENANCE SERVICES THIS SECOND AiiENDi%fiENT is made and entered into as of August 11, 1998 by and between the Temecula Community Services District ("City") and Excel Landscape ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1, This Amendment is made with respect to the following facts and purposes: A. On June 24, 1997 the City and Contractor entered into an agreement for landscape maintenance services within the City's green belts, landscape service areas, medians, open space areas, parks and rights-of-way. ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Exhibits 3, 4, 5, and 6 to the Agreement are hereby added to the Agreement as set forth on Attachment "A' to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. The Agreement will be terminated effective July 1, 1999. E~cel Landscape IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Temecula Community Services District Attest: Approved as to form: Peter M. Thorson City Attorney R.'U~USEPtCOIvTR~CTL4MDD(CF.L, WpD ATTACHIVlENT A RARUSEPICONTRACI~AMDKYCCEL WPD Site # S-3a S-3b S-4 S-8 S-12 S-13 S-16 EXHIBIT 3 City of Temecula Request for Proposal Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site Name Rancho Highlands Rancho Highlands-Ynez Road Slope The Vineyards The Villages A & B Vintage Hills Presley (Viranda, Country Glen/ 79 South, Bridlevale) Tradewinds Monthly Price Annual Price ~ 515.00 $ 6.180.00 1.000.00 12.000.00 255.00 3.060.00 4,734,00 56.808.0(:) 4.600.00 55.200.00 1.408.00 16.696.00 863.00 10.356.00 TOTAL $13.375.00 9160.500.00 EXHIBIT 4 City of Temecula Request for Proposal Pricing Sheet for Landscape Maintenance M-I M-2 M-3 IMIIBDIANS SERVICE AREA Rancho California Road Median Ynez Road Median Butterfield Stage Road Median Margarita Road Median MonthIv Price S $ $ $ TOTAL Annual Pric~ S 4,800.00 $ 6,000.00 $1,800.00 $ ] .too.rio t~re 67 EXHIBIT 5 City of Temecula Request for Proposal Pricing Sheet for Landscape Maintenance SPORTS PARKS SERVICE AREA Site # SP-1 SP-2 SP-3 P-8 (SP~4) Site Name Rancho California Sports Park Paloma Del Sol Park Pala Community Park Kent Hintergardt Park Monthly Price $ 9,294.00 $ 3,592.00 $ 2.333.00 $ 3.t~9.00 Annual Price $1,ll,528.00 S 41,1fl40l $ 27,99~.00 S TOTAL $ 18,578~00 Authotur~e Site # F-1 F-2 F-3 F-4 F-5 F-6 EXHIBIT 6 City of Temecula Request for Proposal Pricing Sheet for Landscape Maintenance COMMUNITY FACILITES SERVICE AREA Conununity Recreation Center Senior Center City Hall/Maintenance Facility Temecuta Community Center Fire Station #84 Old Town Parking Lot MontMy Price 1,444.00 361.00 541.00 z93.00 580.00 250.OO TOTAL 3,369.00 Aonual Pric~ 17,328.00 4,332.00 6,492.00 2,316.00 fi~o;~ fir] ~~Autho'~Si~aturc/~C AiffiEI~IDI~/1ENT I~O. 3 TO AGREEIVIENT BETWEEi~! THE TEI~iECULA COi~/II~/IUNITY SERVICES DISTRICT AI~D EXCEL LANDSCAPE DATED JUNE 2a,, 1997 FOR LAI~DSCAPE I~/tAIIMTEi~AiMCE SERVICES THIS THIRD ANIEi~DI~IEIMT is made and entered into as of January 11, 1999 by and between the Temecula Community Services District ("City") and Excel Landscape ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On June 24, 1997 the City and Contractor entered into an Agreement for landscape maintenance services within the City's green belts, landscape service areas, medians, open space areas, parks and rights-of-way ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. Exhibit 1A to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit 1B is added to the Agreement as set forth on Attachment "A" to this amendment, which is attached hereto and incorporated herein as though set forth in full. Except as specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Excel Landscape Jo~,...,Alfaro O~ner , Te,,~~y Services District Shawn D. Nelson, Acting City Manager Attest: Susan . Jones, Approved as to form: Peter M. Thorson City Attorney ATTACHMENT "A" * E:~HIBIT 1B (As amended January 11, 1999) City of Temecula Pricing Sheet for Landscape R/laintenance NEIGHBORHOOD PARKS SERVICE AREA Site # P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-9 P-10 P-11 P-12 P-13 P-14 P-15 SS-1 Site Name Veterans Park Sam Hicks Monument Park Calle Aragon Park Bahia Vista Park Loma Linda Park Riverton Park John Magee Park Voorburg Park Nicolas Road Park Butterfield Stage Park Temecula Duck Pond Rotary Park Nakayama Park Winchester Creek Park Via Eduardo Streetscape Monthiv Price Annual Price S 1,550.00 $18,600.00 $ 800.00 $ 9,600.00 $ 250.00 $ 3.000.00 $ 250.00 $ 3,000.00 ~ 707.00 $ 8,484,00 $ 1.617.00 ~19.404.00 $ 310.00 ~ 3,720.00 $ 303.00 $ 3,636.00 $ 812.00 $ 9,744.00 $ 782.00 $ 9,384.00 $ 1.155.00 .~13.860.00 $ 300,00 $ 3,600,00 $ 125,00 $ 1,500,00 $, I 568.00 $ 106,00 8 1,272.00 TOTAL $ 10,635,00 $127,620.0Q Authorized Signature AMENDMENT NO. 4. TO AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE DATED JUNE 24, 1997 FOR LANDSCAPE MAINTENANCE SERVICES THIS FOURTH AMENDMENT is made and entered into as of March 22, 1999 by and between the Temecula Community Services District ("City") and Excel Landscape (~Contractor'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: On June 24, 1997 the City and Contractor entered into an Agreement for landscape maintenance services within the City's green belts, landscape service areas, medians, open space areas, parks and rights-of-way. This original agreement was amended on July 1, 1998, August 11, 1998, and January 11, 1999. The June 24, 1997 agreement, as amended, shall be known as the Agreement. B. The parties now desire to amend the Agreement as set forth in this Amendment. Exhibit 4 to the agreement is hereby deleted from the Agreement and in its place a new Exhibit 4A will be added to the Agreement as set forth on Attachment "A" to this amendment, which is attached hereto and incorporated herein as though set forth in full. The cost for this new site will be 9100.00 per month. Except as specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:tlt,4RRINGKL~GEND/L RPT~T. XCEL ,(MENDMENT 4,4 FY 98-99. DOC IhJ ~tI'I'NESS ~/VHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. eme omm n' Services District Shawn D. Nelson, Acting City Manager Attest: Susan W, Jones, Approved as to form: Peter M. Thorson City Attorney ~B]~T 4A (As amended March 22, 1999) City of Temecula Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # M-1 M-2 M-3 M-4 °M-5 Site Name Monthly Price Rancho California Road Median $ 400.00 Ynez Road Median $ 500.00 Butterfield Stage Road Median $ 150.00 Margarita Road Median $ 100.00 Margarita Road Median at 79 South $ 100.00 Annual Price $ 4,800.00 $ 6,000.00 8 1,800.00 $ 1,200.00 e 1,200.00 New Site TOTAL $ 1,250,00 915,000.00 dS Ai~iENDM ENT NO. 5 · TO AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE DATED JUNE 24, 1997 FOR LANDSCAPE I~/IAINTENANCE SERVICES THIS FIFTH AMENDMENT is made and entered into as of April 5, 1999 by and between the Temecula Community Services District ("City") and Excel Landscape ("Contractor"}. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: On June 24, 1997 the City and Contractor entered into an Agreement for landscape maintenance services within the City's green belts, landscape service areas, medians, open space areas, parks and rights-of-way. This original agreement was amended on July 1, 1998, August 11, 1998, January 11, 1999 and March 22, 1999. The June 24, 1997 agreement, as amended, shall be known as the Agreement. B. The parties now desire to amend the Agreement as set forth in this Amendment. Exhibit 1B to the agreement is hereby deleted from the Agreement and in its place a new Exhibit 1C is added to the Agreement as set forth on Attachment "A" to this amendment, which is attached hereto and incorporated herein as though set forth in full. Except as specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Excel Landscape J A Teme I .~ty Services District ~elson, Acting City Manager Attest: Approved as to form: Pet~ City Attorney ATTACH[~ENT "A" E~'I'IIBIT 1C (As amended April 5,1999) City of Temecula Pricing Sheet for Landscape Maintenance I~EIGHBORHOOD PARKS SERVICE AREA Site # P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-9 P-10 P-11 P-12 P-13 P-14 P-15 SS-1 *SS-2 Site Name Veterans Park Sam Hicks Monument Park Calle Aragon Park Bahia Vista Park Loma Linda Park Riverton Park John Magee Park Voorburg Park Nicolas Road Park Butterfield Stage Park Temecula Duck Pond Rotary Park Nakayama Park Winchester Creek Park Via Eduardo Streetscape Old Town Streetscape Monthly Price Annual Price 1,550.00 $18,600.00 800.00 $ 9,600.00 250.00 $ 3,000.00 250.00 $ 3,000.00 707.00 f/8,484.00 1,617.00 $19,404.00 310.00 $ 3,720.00 303.00 ,$ 3,636.00 812.00 $ 9,744.00 782.00 $ 9,384.00 1,155.00 $13,860.00 300.00 ~ 3,600.00 125.00 $ 1,500.00 1,568.00 $18,816.00 106.00 $ 1,272.00 987.00 $ 11,844.00 * New Site TOTAL $ 11,622.00 $139,464.00 AMENDMENT NO. 6 TO AGREEMENT BETWEEN THE TEiVIECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE DATED JUNE 24, 1997 FOR LANDSCAPE NIAINTENANCE SERVICES THIS SIXTH AMENDMENT is made and entered into as of April 15, 1999 by and between the Temecula Community Services District ("City") and Excel Landscape ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: On June 24, 1997 the City and Contractor entered into an Agreement for landscape maintenance services within the City's green belts, landscape service areas, medians, open space areas, parks and rights-of-way. This original agreement was amended on July 1, 1998, August 11, 1998, January 11, 1999, March 22, 1999 and April 1, 1999. The June 24, 1997 agreement, as amended, shall be known as the Agreement. B. The parties now desire to amend the Agreement as set forth in this Amendment. Exhibit 5 to the agreement is hereby deleted from the Agreement and in its place a new Exhibit 5A will be added to the Agreement as set forth on Attachment "A" to this amendment, which is attached hereto and incorporated herein as though set forth in full. Except as specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Excel Landscape~,./,,~,~_~/T~r~y Services District e AI~~ ~t~s~ D Nelson Acting CIty Manager Susan W, Jones, CMC City Clerk Approved as to form: Peter M. Thorson City Attorney ATTAC~I~EI~T "A" EXHIBIT 5A {As amended April 15, 1999) City of Temecula Pricing Sheet for Landscape Maintenance SPORTS PARKS SERVICE AREA Site # SP-1 SP-2 SP-3 SP-4 (P-8) 'SP-5 Site Name Rancho California Sports Park Paloma Del Sol Park Pala Community Park Kent Hintergardt Park Margarita Community Park MonthIv Price Annual Price $ 9,294.00 ~ 111,528.00 ~ 3,592.00 $ 43,104.00 ~ 2,333.00 ~ 27,996.00 $ 3,359.00 S 40,308.00 $ 3,147.00 $ 37,764.00 * New Site TOTAL $ 21,725.00 $260,700.00 AMENDMENT NO. 7 TO AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE DATED JUNE 24, 1997 FOR LANDSCAPE MAINTENANCE SERVICES THIS SEVENTH AMENDMENT is made and entered into as of June 22, 1999 by and between the City of Temecula ("City "), Temecula Community Services District ("District") and Excel Landscape, Inc., a California corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes, which the parties agree are true and correct: a. On June 2471997, the City and Contractor, for the benefit of the District, entered into an Agreement for landscape maintenance services within the City's greenbelts, landscape service areas~ medians, open space areas, parks and rights -of-way. b. The original Agreement was amended on July 1, 1998, August 11, 1998, January 11, 1998, and March 22, 1999, April 5, 1999, and April 15, 1999 in order to add areas to the Contractor' s Scope of Work. The June 24, 1997 Agreement, as amended, shall be referred to as the "Agreement." c. Section 9, of the Agreement provides for a contract term of 24 months which would expire on June 24, 1999 and a provision for two one year extensions of the term of the agreement. d. It is the desire of the parties to extend the term of this Agreement for an additional period of two (2) years with a modified contract price and provisions to add new parks and landscaped areas to the Scope of Work. 2. Section 2. of the Agreement, Scope of Work, is hereby amended to read as follows: "2. SCOPE OF WORK "A. 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 in accordance with the "City of Temecula: General Landscape Maintenance Specifications" for the areas described in the RFP and specifically designated on Exhibit A, Landscape Maintenance Contract Areas, attached hereto and incorporated herein by this reference. B. A number of additional areas within the City will require landscape maintenance services upon the completion of certain facilities during the term of this Agreement, which areas described on Exhibit B, Supplement Landscape Maintenance Contract Areas, attached hereto and incorporated herein by this R:XHARRINGK~AGREEMNT~Excel Landscape 6-99 Amen0. 7. dcc as follows: reference. Upon the effective date of any Change Order pursuant to Section 3 of this Agreement authorizing Contractor to provide landscape maintenance services for one or more of the areas described on Exhibit B, 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 in accordance with the "City of Temecula: General Landscape Maintenance Specifications" for the designated areas." 3. Section 3 of the Agreement, Change Orders, is hereby amended to read follows: follows: "3. CHANGEORDERS "The City Manager is hereby authorized to approve Change Orders which: (1) authorize the Contractor to proceed with landscape maintenance services for one or more of the Supplemeni Contract Areas designated in Exhibit B at the prices set forth in Exhibit B; or (2) modify the scope of work for a Contract Area, a Supplemental Contract Area or the General Landscape Maintenance Specifications so long as the cumulative total costs of all such modifications under this subsection (2) does not increase the total annual cost of the services provided under this Agreement by more than ten percent (10 % ). All other Change Orders shall be approved by the Board of Directors." 4. Section 4 of the Agreement, Payments, is hereby amended to read as "4. COMPENSATION: PAYMENTS "The City agrees to compensate monthly the Contractor for services actually performed in accordance with the price schedules set forth in Exhibits A and B. Contractor shall submit monthly invoices to the City specifying the work accomplished during the period covered (ie., fertilization, pest control, etc.). The City shall review the invoices submitted by Contractor to determine whether the services were performed. Payment shall be made within thirty-five (35) days following receipt of the invoice or City shall provide Contractor with a written statement objecting to the invoice and specifying the objections. Monthly invoices shall be sent to the City's Finance Department at the address specified in Section 25." 5. Section 9 of the Agreement, Term, is hereby amended to read as TERM A. The Amendment shall remain in full force and effect until June 30, 2001. Either party may terminate this Agreement for any reason, with or without cause, on thirty (30) days written notice to the other Rg, HARRINGK~,GREEMNT~Exccl Landscale 6-99 Amend. 7.doe 6. The Section 19, Insurance, of Section 1, Instruction and Information, of the Request for Proposal dated May 21, 1997 and incorporated into the Agreement pursuant to Section 1. of the Agreement, is hereby amended to read as follows: "19. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents. representatives, or employees. "a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability 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). (3) Worker' s Compensation insurance as required by the State of California and Employer's Liability Insurance. "b. Minimum Limits of Insurance. Contractor shall maintain limits on the policies described in Subsection a. of no less than: (1) General Liability: two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate lhnit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation as required by the State; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. "c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, District and, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · "d . Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District and the City, and their respective officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, ocgupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, District and, their officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, District and, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, District and, their officers, officials, employees or volunteers shall be excess of the Contractor's insuraTnce 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, District and, their officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the District by certified mail, return receipt requested, has been given to the District. "e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. "f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Exhibit E , Insurance Forms, attached to this RFP and are incorporated herein as though set forth in full." R:~HARRINGK~AGREEMNT~Excel Laz~lsc~pe 6-~9 AmencL 7.doe 7. Exhibit A, Landscape Maintenance Contract Areas, attached to this Seventh Amendment. is hereby substituted in place of all Exhibits to the Agreement and the Amendments to the Agreement, including Exhibits 1, 1A, 1B, 1C, 2, 3, 4, 4A, 5, 5A, and 6. 8. Exhibit B, Supplemental Landscape Maintenance Contract Areas. attached to this Seventh Amendment, is hereby added to the Agreement. 9. City hereby assigns the Agreement to the District, which assignment is accepted by the District. City hereby ratifies the acts of the District taken pursuant to Amendments 1, 2, 3, 4, 5 and 6. 10. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. //// IIII R:XHARRINGK',AGREEMNTXExCel La.nascapc 6-99 Amend, 7.dc~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEME TEME_CULA COMMUNI Y SERVICES DISTRICT Jef erchero Attest: es, CMC District Approved As to Form: City Attorney/District Counsel EXCEL LANDSCAPE, INC., a California Corporation By: Name: Title: R:%HARRINGK',AGREEMNTXExcel Landscape 6-99 Amend. 7,doe Site # P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-9 P-10 P-11 P-12 P-13 P-14 P-15 EXHIBIT A Landscape Maintenance Contract Areas (Amended as of June 8, I999) NEIGHBORHOOD PARKS SERVICE AREA Site Name Veterans Park Sam Hicks Monument Park Caile Aragon Park Bahia Vista Park Loma Linda Park Rivenon Park John Magee Park Voorburg Park Nicolas Road Park Butterfield Stage Park Temecula Duck Pond Rotary Park Nakayama Park Winchester Creek Park Monthly Price $1,550.00 800.00 250.00 250.00 707.00 1,617.00 310.00 303.00 812.00 782.00 2,155.00 300,00 125.00 1,568.00 AnnualPrice $18,600.00 9,600.00 3,000.00 3,000.00 8,484.00 19,404.00'. 3,720.00 3,636.00 9,744.00 9,384.00 25,860.00 3,600.00 1,500.00 18,816.00 TOTAL $ 11,529.00 $138,348.00 R:~HARRINGKLAGREEMNT~Excel Landscape 6-99 Amend. 7.dec Site # SS-1 Site Name Via Eduarcto Streetscape STREETSCAPE SERVICE AREA Monthly Price $106.00 TOTAL $ 106.00 Annual Price $1.272.00 $ 1,272.00 R:XHARRINGKXAGREEMNTXExCel Landscape 6-99 AmeN. 7,doc SPORTS PARKS SERVICE AREA Site # SP-1 SP-2 SP-3 SP-4 (P-8) SP-5 Site Name Rancho California Sports Park Paloma Del Sol Park Pala Community Park Kent Hintergardt Park Margarita Community Park Monthly Price $9,294.00 3,592.00 2,333.00 3,359.00 3,147.00 Annual Price $111,528.00 43,104.00 27,996.00 40,308.00 37,764.00 TOTAL $ 21,725.00 $ 260,700.00 R:IHARRINGK',AGREEMN'P, ExceJ Landscape 6-99 Artend. 7.doe MEDIANS SERVICE AREA Site # M-1 M-2 M-3 M-.4 M-5 Site Name Rancho California Road Median Ynez Road Median Butterfield Stage Road Median Margarita Road Median Margarita Road Median at 79 South TOTAL Monthly Price $400.00 500.00 150.00 100.00 100.00 $ 1,250.00 Annual Price $4,800.00 6,000.00 1,800.00 1,200.00 1,200.00 $15,000.00 R:XHARRINGKXAGREEMNTXExcel Landscape 6-99 Amend. 7.doc COMMUNITY FACILITIES SERVICE AREA Site # F-1 F-2 F-3 F-4 F-5 F-6 F-7 (SS-2) Site Name Community Recreation Center Senior Center City Hall/Maintenance Facility Temecula Community Center Fire Station #84 Old Town Parking Lot A Old Town Streetscape MonthIV Price $1,444.00 361.00 541.00 193.00 400.00 250.00 987.00 Annual Price $17,328.00 4,332,00 6,492.00 2,316.00 4,800.00 3,000.00 11,844.00 TOTAL $ 4,176.00 $ 50,112.00 R:\HARRINGK',AGREEMNT\Excel L~dscape 6-99 Amend. 7.doe SLOPE SERVICE AREA (SOUTH) Site # Site Name S-3a Rancho Highlands S-3b Rancho Highlands - Ynez Road Slope S-4 The Vineyards S-8 The Villages A anti B S~12 Vintage Hills S-13 Presley (Viranda, Country Glen, Bridlevale) S- 16 Tradewin ds ' Monthly Price $515.00 1,000.00 255.00 4,734.00 4,600.00 1,408.00 863.00 Annual Price $6,180,00 12,000,00 3,060.00 56,808.00 55,200.00 16,896.00 10,356.00 TOTAL $ 13,375.00 $ 160,500.0Q R:~HARRINGKXAGREEMNTXExcei Landscape 6-99 Amend. 7,d~ SLOPE SERVICE AREA (NORTH) Site # Site Name S-1 Saddlewood/Pavillion Point S-2 Winchester Creek I and II S-5 Signet Series S-6 Woodcrest Country S-7 Ridgeview S-9 Rancho Solana S-10 Martinique S-11 Meadowview Estates - S-14 Mirada S-15 Barclay Estates S-17 Monte Vista Monthly Price $2,372.00 1,202.00 2,534.00 559.00 773.00 130.00 355.00 150.00 394.00 344.00 565.00 Annual Price $28,464.00 14,424.00 30,408.00 6,708.00 9,276.00 1,560.00 4,260.00 1,800.00 4,728.00 4,128.00 6,780.00 TOTAL $ 9,378.00 $112,536.00 R:%HARRINGKXAGREEMNTXExcel Landsca~ 6-99 Amend. 7.doc EXHIBIT B Supplement Landscape Maintenance Contract Areas (Amended as of June 8, 1999) MEDIANS SERVICE AREA Site # M-6 M-7 M-8 M-9 M-10 M-11 M-12 M-13 M-14 Site Name Monthly Price Margarita Road Median at Solana Ridge $50.00 Margarita Road Median at Tuscany Ridge 100.00 Margarita Road Median at Winchester Road 50.00 Margarita Road Median at Promenade Mall 300.00 Margarita Road Median at T-28850 75.00 Winchester Road Median at Jefferson 100.00 Rancho California Road Median at Portafino 100.00 Paseo Del Sol Median Islands 500.00 Solana Way Median Islands 75.00 TOTAL $ 1,350.00 Annual Price $600.00 1,200.00 600.00 3,600.00 900.00 1,200.00 1,200.00 6,000.00 900,00 16,200.00 R:\HARRINGKXAGREEMNTXExCel b?,ndsc.~ 6-99 Amend. 7.doc Site # SP-6 Site Name Temeku Hills Sports Park TOTAL SPORTS PARK SERVICE AREAS Monthly Price $3,600.00 $ $3,600.00 Annual Price $43,200.00 $ 43,200.00 R:XHARRINGKxAGREEMNTXExcel La~dscape 6-99 Amend. 7.doc Site # F-8 F-9 COMMUNITY FACILITIES SERVICE AREA Site Name Temecula Valley Museum Old Town Parking Lot B Monthly Price $285.00 250.00 TOTAL $ 535.00 AnnualPrice $3,420.00 3,000.00 $ 6,420.00 R:~HARRINGK~.GREEMNT~ExCel Llndscape 6-99 Am~nci, 7.doe APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT Board of Directors Shawn D. Nelson, General Manager June 27, 2000 Review and Approval of the FY 2000-01 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance irD~ect Tim McDermott, Assistant Finance or ~ RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DISCUSSION: The proposed FY 2000-01 TCSD operating budget includes the operation and maintenance of district-wide parks and recreation facilities, debt service on the certificates participation issued for the construction of the Community Recreation Center, artedal street lightin.~ and traffic signals, and median landscaping. Rates and charges are also established for residentia~ street lighting, slope maintenance, refuse collection and street sweeping, and emergency street and road construction and maintenance. Parks and recreation services, as well as arterial street lighting and traffic signals, and median landscaping are primarily funded by the special tax assessed to property owners as appreved by the voters as "Measure C" in March, 1997. The maximum level of special tax that was approved by the voters is $74.44 per single-family dwelling unit. Over the past three years the special tax rate has been gradually reduced to $63.44 per dwelling unit, with the $11.00 per dwelling unit difference being funded by the City's General Fund through the Revenue Excess Sharing for Temecula ("REST") program. The proposed FY 2000-01 budget reflects no change in the existing special tax rate. This spedal tax will result in projected revenues of $2,486,100. The REST program contribution from the City's General Fund is proposed to be increased from the current level of $1,366,000 in FY 1999-00 to $1,729,000 in FY 2000-01 (an increase of $363,000). Residential street lighting, slope maintenance, refuse collection and street sweeping, and emergency street and road construction and maintenance services provided by the TCSD are funded primarily by rates and charges assessed to property owners within the District. No changes are proposed in any of the service level rates and charges, other than a $3.12 per year increase in the Service Level "D" charge for refuse collection due to a Consumer Price Index (CPI) adjustment. The total revenue to be generated by these rates and charges is projected to be $3,517,760. The operating budget for the TCSD totals $8,970,060 (an $824,724 or 10.1% increase from F¥ 1999-00), and by fund is as follows: Citywide Operations (parks & recreation, artedal street lighting, traffic signals, medians) $ 4,744,040 Service Level "B" (residential street lighting) 367,850 Service Level "C" (slope maintenance) 705, 150 Service Level "D" (refuse hauling) 2,637,860 Service Level "R" (street and road maintenance) 17, 160 Debt Service 498,000 Total $ 8,970,060 CITYWIDE OPERATIONS The proposed FY 2000-01 Citywide Operations budget reflects an increase of $504,314 (11.9%) from the current fiscal year, due primarily to the following: <> Operations and maintenance costs for recent and planned additions to the City's park and median systems such as Margadta Community Park, Temeku Hills Park, Temecula Valley Museum, and Long Canyon Creek Park t~ Various rehabilitation work items at the Senior Center, Community Recreation Center, and Temecula Community Center <, The design and installation of a central control Maxi Corn irrigation system at the Rancho California Sports Park SERVICE LEVEL "B" {RESIDENTIAL STREET LIGHTING} The proposed FY 2000-01 Service Level "B" budget reflects a $15,150 increase (4.3%) from the current fiscal year due pdmadly to property owner election costs (which are recovered with offsetting revenue). SERVICE LEVEL "C" (SLOPE MAINTENANCE} The proposed FY 2000-01 Service Level "C" budget reflects an $18,630 increase (2.7%) from the current fiscal year due to several planned rehabilitation projects. SERVICE LEVEL "D" ('REFUSE HAULING} The proposed FY 2000-01 Service Level "D" budget reflects a $288,900 increase (12.3%) from the current fiscal year due primarily to an increase in the number of parcels receiving benefit. SERVICE LEVEL "R" (STREET AND ROAD MAINTENANCE} The proposed FY 2000-01 Service Level "R" budget reflects no change from the current fiscal year. DEBT SERVICE The proposed FY 2000-01 Debt Service budget reflects a $2,270 decrease (0.5%) from the currant fiscal year. FISCAL IMPACT: The services provided by the District are funded primarily by the special tax that was approved by the voters as Measure C in March, 1997, the "REST" contribution from the City's General Fund, and the rates and charges assessed to property owners which were approved during a public hearing held on June 13, 2000. Attachments: Resolution No. CSD 2000- FY 2000-01 Annual Operating Budget 3 RESOLUTION NO. CSD 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the Board of Directors of the Temecula Community Services District has reviewed the proposed final FY 2000-01 annual operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Community Services District as follows: Section 1. That the FY 2000-01 TCSD operating budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the General Manager. C. The Board of Directors must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Board of Directors must authorize any increase in regular personnel positions above the level indicated in the final budget. The General Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The General Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Board of Directors action. F. Pursuant to Section 3.32.050 of the Temecula Municipal Code, the General Manager may authorize Public Works contracts in mounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require Board of Directors action, except that the General Manager may approve change orders on Public Works contracts approved by the Board in mounts up to project contingency established by the Board. Section 3. Outstanding encumbrances shown on the District books at June 30, 1999 are hereby appropriated for such contracts or obligations for FY 2000-01. Section 4. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 27m day of June, 2000. JeffComerchero, President ATTEST: Susan W. Jones, CMC District Secretary/City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERS[DE) SS CITY OF TEMECULA) I, Susan W. Jones, Secretary of the Temecula Community Services District, do hereby certify that the foregoing Resolution No. CSD 2000- was duly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 27th day of June, 2000, by the following vote of the Board of Directors: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: AB SENT: BOARDMEMBERS: Susan W. Jones, CMC District Secretary/City Clerk TE~ECULA C©~UI~DTV SF'EI~VBCES I~BS'FRDCT YY 2000-01 PROPOSISI~ A~UAL OPERA'YB~G TEMECULA COMMUNITY SERVICES DISTRICT 2000-01 PROPOSED OPERATING BUDGET SUMMARY The Temecula Community Services District ("TCSD") budgets have been restructured somewhat in the 2000-01 fiscal year to reflect the following: - The Service Level "A" budget for arterial street lights, traffic signals, and medians has been combined into the citywide parks and recreation budget. This was done because all of these activities are primarily funded by the "Measure C" special tax and the City's "REST" contribution. o Separate program budgets were developed for Aquatics and Sports to assist in providing staff with improved information regarding the cost of operating these programs. TCSD REVENUES Overall, a ~819,360 or 10.6% increase in revenues is projected for TCSD. The 2000-01 revenue estimate includes no change to the special tax rate, or to any of the TCSD assessment rates (other than a CPI adjustment in Service Level D). The total "REST" program revenue (from the City's General Fund) is proposed to be ~1,729,000, a ~363,000 increase from the 1999-00 amount of ~ 1,366,000. The estimated amount of "Measure C" special tax revenues to be collected is 82,486,100, an increase of ~83,910 from the 1999-00 amount. TCSD EXPENDITURES The proposed Community Services District budget reflects a 8824,724 (10.1%) increase in overall expenditures from the current year budget. A summary of significant items is as follows: City~wide OPerations A 952,000 increase is reflected in utility and maintenance costs due to additions to the City's park and median systems t~40,O00 is included for the design and installation of a central control ("Maxi Com") irrigation system for the Rancho California Sports Park ~77,000 is included for various rehabilitation work items at the Senior Center, Community Recreation Center, and Temecula Community Center Service Level B > No significant changes Service Level C > $42,000 is included for various rehabilitation work items Service Level D > $224,830 increase in refuse hauling costs is reflected, due primarily to an increase in the number of parcels served Service Level R > No significant changes Debt Service > No significant changes TCSD FUND BALANCE Surplus fund balance has been used over the past several fiscal years to fund ongoing operations and maintenance costs. The proposed 2000-01 budget continues to utilize surplus fund balance, in the following amounts: o City-wide Operations $274,840 , Service Level "C" ~ 94,350 " Service Level "D" $ 25,940 . Service Level "R" $ 5,060 2 TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES PROPOSED FY 2000-01 OPERATING BUDGET Total Revenues* 99-00 99-00 00~1 Proposed 99-99 YTD Current Proposed Increase Actual ~4/30/00 Budget Budget (Decrease) 7, 161,918 4,356,577 7,759,300 8,578,660 819,360 % Increase (Decrease) 10,6% Total Expenditures by Fund: City Wide Operations* 3,365,363 3,019,79t 4,239,726 4,744,040 504,314 11.9% Service Level B 307,236 267,712 352,700 367,850 15, 150 4.3% Service Level C 557,35t 4,95.189 686,520 705, 150 18,630 2.7% Service Level D 2,278,619 1,181,557 2,348,960 2,637,860 288,900 12.3% Service Level R 7,959 8,093 17,160 17,160 Debt Service 501,607 499,445 500,270 498,000 (2.270) -0.5% Total Expenditures 7,018, 135 5,471,787 8,145,336 8,970,060 824,724 10, 1% Excess of Revenues Over (Under) Expenditures Operating Transfers Out*: CIP Fund Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 143,783 (1,115,210) (386,036) (391,400) (5,364) 404,621 18,735 18,735 (260,838) (1,133,945) (404,771) (391,400) 2,566,334 2,305,496 2,000,725 ** 2,305,496 1,900,725 1,609,325 Fund Balances, Beg. of Year Fund Balances, End ofYear * Operating transfer between City Wide Operations and Debt Service Fund is not reflected. ** Assumes $100,000 in expenditure Savings in 1999~0. Note: Service Level "A" has been combined into "City Wide Operations" TEMECULA COMMUNITY SERVICES DISTRICT SUMMARY OF FUND BALANCES PROPOSED FY 2000-01 OPERATING BUDGET Fund 190 City Wide Operations Senior Center CRC Recreation Community Center Museum Aquatics Sports Operating Transfers Out Fund 190 Total Service Level "B" Service Level "C" Service Level "D" Service Level "R" Debt Service Total Estimated 2000-01 2000-01 Estimated Fund Balances Estimated Proposed Fund Balances July 1, 2000 Revenues Expenditures June 30, 2001 4,409,000 (3,211,910) 14,650 (146,800) 78,750 (345,670) 157,600 (324,630) 35,700 (143,780) 16,100 (158,840) 106,400 (249,180) 114,000 (163,230) (463,000) 892,429 4,932,200 (5,207,040) 617,589 64,821 376,000 (367,850) 72,971 325,128 610,800 (705,150) 230,778 177,879 2,611,960 (2,637,860) 151,979 11,514 12,100 (17,160) 6,454 528,954 498,600 (498,000) 529,554 2,000,725 9,041,660 (9,433,060) 1,609,325 TEMECULA COMMUNITY SERVICES DISTRICT REVENUE DETAIL PROPOSED FY 2000-01 OPERATING BUDGET FUND 190 TCSD FUND DEPT -180 Parks and Rec., Arterial Street Lights, Traffic Signals, and Medians Charge Per Levy Unit 4004 -Special Tax 4051 42onttibutions 4058 -Miscellaneous 4065 -Investment Interest 4073 -TCSD Admin Fee Creditj"Rest" 4077 -i~ise Income 4076 -Reimbursements 4083 -Reimbursements (CIP) 4107 -Parcel Maps 4284 -Plan Check 4290 -Inspection Fees 4390 -Street Lighting Fees TOTAL DEPT 180 DEPT -181 SR. CENTER 4980 -Classes/Activities 4986 -Excursions 4990 -Indoor Rentals -Transportation TOTAL DEPT 181 98-99 FY 99-00 FY 99-00 FY 00-01 % ACTUALS YTD @ 4/30/00 CURKENT EST ESTIMATES CHANGE 68.44 63.44 63.44 2,509,782 1,177,018 2,402,190 5,000 1,431 961 43,942 22,387 30,100 802,090 1,024,500 1,366,000 2,000 10,000 12,000 49,111 106 20,100 67,230 7,037 5,661 5,670 55,000 9,000 7,793 13,661 9,480 3,428,186 2,268,964 3,962,100 DEFI' -182 CRC 4980 -Classes/Activities 4984 -Day Camp 4990 -Indoor Rentals TOTAL DEPT 182 DEPT -183 RECREATION 4070 -Over and Short 4975 -Aquatics 4980 -Classes/Activities 4982 -Contracted Classes 4984 -Day Camp 4986 -Excursions 4988 -Field Rentals/Lights -Picnic Shelter Rentals 4990 -Indoor Rentals 4991 -Museum Admissions 4992 -Special Events -Special Events Donations 4994 -Sports 4995 -Sponsorships 4997 -Museum 4998 -Skate Park TOTAL DEPT 183 DEPT -184 TCC 4980 -Classes/Activities 4984 -Day Camp 4990 -Indoor Rentals -100 87,392 58,485 80,000 16,202 18,763 12,000 93,808 74,753 96,000 60,350 6,190 55,330 3,009 1,990 5,450 24,623 59,619 38,000 47,859 54,478 53,000 3,569 14,608 9,983 10,000 71,160 89,023 70,000 4,000 3,710 39,710 32,664 40,000 458,721 409,417 467,490 TOTAL DEPT 184 63.44 2,486,100 25,000 1,729,000 12,000 30,100 72,100 40,000 10,000 4,700 4,409,000 3,000 800 10,000 850 14,650 6,000 48,750 24,000 78,750 96,000 4,000 3,600 10,000 4,000 40,000 157,600 4,000 18,700 13,000 35,700 3.49% -16.94% 26.57% 49.75% 7.24% -27.27% -50.42% 11.28% FUND 190 TCSD FUND TEMECULA COMMUNITY SERVICES DISTRICT REVENUE DETA1L PROPOSED FY 2000-01 OPERATING BUDGET FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ACTUALS YTD @ 4/30/00 CURRENT EST ESTIMATES CHANGE DEPT -185 MUSEUM 4980 -Classes/Activities 1,000 4991 -Museum Admissions 9,600 4997 -Museum Concessions 5,500 TOTAL DEFT 185 16,100 DEPT -186 AQUATICS -Swim Lessons -CRC 35,000 -TES 30,000 -CH 4,000 -Lap Swim -CRC 3,000 -TES 1,000 -CH 100 -Public Swim -CRC 20,000 -CH 2,000 -Family Night Swim -CRC 1,000 42H 150 -Pool Rentals -CRC 4,000 -TES 2,500 -CH 200 -Non Resident -CRC 2,500 -TES 800 -CH 150 TOTAL DEFT 186 106,400 DEPT -187 SPORTS -Adult SotSbali 55,500 -Adult Basketball 7,000 -Adult Rollerhockey 3,000 -Tournaments 6,000 -Adult Leagues - Non Res. 500 -Youth Leagues - Non Res. 4,000 -Field Rentals/Lights 38,000 TOTAL DEFT 187 114,000 190 TOTALTCSDFUNDI90 3,886,907 2,678,381 4,429,590 4,932,200 11.35% Note: Fund 190-180 comparative information has been restated to reflect combined amounts for Fund I90-180 and 191-180. These funds will be combined in FY 2000-01 HIND 192 SERVICE LEVEL B Residential Street Lights Charge Per Levy Unit 4005 -Assessments 4065 -Investment Interest 4073 -TCSD Admin Fee Credit/"Rest" 4390 -Street Lighling Fees 4395 -Property Owner Election Costs TOTAL SERVICE LEVEL B TEMECULA COMMlY/qITY SERVICES DISTRICT REVENUE DETAIL PROPOSED FY 2000-01 OPERATING BUDGET FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ACTIJALS rID @ 4/30/00 CURRENT EST ESTIMATES CHANGE 25.68 25.68 25.68 25.68 293,951 162,580 321,900 348,400 1,561 681 1,000 3,410 25,553 26,620 28,200 15,600 400 100 1,600 12,000 324,875 189,981 352,700 376,000 8.23% -100.00% -44.68% 650.00% 6.61% FUND 193 SERVICE LEVEL C Perimeter Landscaping and Slope Maintenance Charge Per Levy Unit 4005 -Assessments 4062 -Recovery of Prior Year Expens~ 4065 -Investment Interest 4370 -Landscape Plan Check 4371 -Landscape Inspection 4395 -Property Owner Election Costs TOTAL SERVICE LEVEL C FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ACTUALS YTD @ 4/30/00 CURRENT EST ESTIMATES CHANGE 46.00-175.00 46.00-175.00 46.00-175.00 46.00-175.00 557,382 281,481 559,840 559,800 21 15,522 12,147 14,000 14,000 9,290 8,640 10,000 10,000 25,000 13,950 2~000 15,000 100 1,000 12,000 -0.01% -25.00% 1100.00% 607,215 316,318 604,840 610,800 0.99% FUND 1945ERVICELEVELD Refuse Collection, Recycling, and Street Sweeping Charge Per Levy Unit 4005 -Assessments 4062 -Recovery of Prior Year Expense 4065 -Investment Interest 4073 -TCSD Admin Fee Credit/Rest TOTAL SERVICE LEVEL D FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ACTUALS YTD @ 4/30/00 CURRENT EST ESTIMATES CHANGE 170.64 172.56 172.56 175.68 2,231,153 1,166,544 2,310,410 2,597,960 2 18,580 9,756 14,000 14,000 44,520 2,294,255 1,176,300 2,324,410 2,611,960 1.81% 12.45% 12.37% FUND 195 SERVICE LEVEL R Streets and Roads Charge Per Levy Unit 4005 -Assessments 4065 -Investment Interest TOTAL SERVICE LEVEL R FY 98-99 FY 99-00 FY 99-00 FY 00-01 ACTUALS rId @ 4/30/00 CURRENT EST ESTIMATES 115.26 -121.92 115.26 -121.92 115.26 -121.92 115.26 -121.92 12,539 5,881 11,660 11,600 580 703 500 500 13,119 6,584 12,160 12,100 % CHANGE -0.51% -0.49% FUND 390 DEBT SERVICE 4065 -Investment Interest 4090 -Operating Transfer In TOTAL DEBT SERVICE FUND FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ACTUALS YTD @ 4/30/00 CURRENT EST ESTIMATES CHANGE 35,547 26,647 35,600 35,600 465,898 446,815 464,670 463,000 501,445 473,462 500,270 498,600 .0.36% -0.33% B'Y_M 4 TO: FROM: DATE: SUBJECT: DIRECTOR OF FINANCE CITY MANAGER /~ CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community' SetricerS. June 27, 2000 Chaparral High School Swimming Pool Master Plan RECOMMENDATION: That the Board of Directors approve in its substantial form the conceptual master plan for the Chaparral High School Swimming Pool complex. BACKGROUND: Eadier this fiscal year, the Board of Directors awarded a design services contract to RJM Design Group, to work in conjunction with the Community Services Department and the community to develop a conceptual master plan for the Chaparral High School Swimming Pool complex. The development of this aquatic facility was a joint venture between the City of Temecula and the Temecula Valley Unified School District. The goal was to develop a facility that could serve the aquatic needs of Chapanal High School as well as the community at large. In January 2000, the consultant began meeting with staff and the design team to develop the master plan for the swim complex. Members of the design team included Mayor Jeff Stone, Councilman Ron Roberts, Commissioner Henry Miller, Commissioner Jim Meyler, members from the Temecula Valley Unified School District, representatives from the Temecula Swim Club and staff. The design team met on several occasions and a workshop was also held on a Saturday moming to provide the community with an opportunity to provide their input on design features and amenities. The design you will see tonight is a representation of what the design team and community has mutually developed. The facility includes a 25 yard x 25 meter competitive swimming pool, which can also accommodate water polo use. It also includes a recreational pool for swimming lessons and a 1 meter diving board. It offers one (1) add alternate; the development of a zero depth water spray area. The Community Services Commission approved the Master Plan at their June 12, 2000 meeting. Tonight, representatives from RJM Design Group are here to present the Master Plan to the Board of Directors for their approval. FISCAL IMPACT: None F:~Depts~CSD~ZIGL~RG~REPORT~062700 bod chaparral pool.doc l~ilgT~It PL,AN TIEi~]ECULA'AQUAT]ICS FAC]IL]ITY Cfi~ ef R~F~QRT APPROVAL CITY ATTORNEY TO: FROf~I: DATE: SUBJECT: CITY OF TEI~IECULA AGEI~DA REPORT Board of Directors Herman D. Parker, Director of Community Services June 27, 2000 Departmental Report PREPARED BY: Gall L. Zigler, Administrative Secretary On December 1, 1999, staff released a Request for Qualifications (RFQ) for a Citywide Multi- Trail System. Interviews were held on February 14, 2000 and the committee selected KTU& Associates at the top ranked firm. The Board of Directors awarded a contract to KTU&A on March 28, 2000. A workshop was held on June 15, 2000. Staff released a Request for Qualifications (RFQ) for the design of an aquatic facility to be constructed at Chaparral High School. The Board of Directors approved a Scope of Services Agreement on December 7, 1999, with the number one ranked firm, RJM Design Group. The architect and project design committee has completed the schematic design of the project. Approval of the Chaparral Pool Master Plan will go to the Board of Directors for approval on June 27, 2000. Staff released a Request for Qualifications (RFQ) for the design of a sports complex to be constructed on the City's northwest sports park site. Statements of Qualifications were received on February 16, 2000, and interviews were held of the four top ranked firms on March 28, 2000. A design contract was awarded to RJM Design Group at the May 23, 2000, Board of Directors meeting. A workshop will be scheduled in the next 60 days to discuss master planning the site. Staff has negotiated a contract with LPA for the final construction documents and specifications for the Temecula Library. The project committee is meeting regularly to complete the design detail elements for the library. The City Council recently awarded a contract to Ak, IS Planning and Research to prepare the Children's Museum Feasibility Study. A community workshop was held on March 29, 2000 at 7:00 PM at City Hall, and a sub-committee meeting is scheduled for March 30, 2000. The Children's Museum Feasibility Study will be presented to the City Council on July 11, 2000. The Margarita Community Park Lighting and Fencing CIP project is complete. A new lighting system was installed on the tennis courts and roller hockey court is complete. A new lighting system was installed on the tennis courts and roller hockey court to improve lighting for competitive play at night. The project also installed fencing along the north side of the creek to keep patrons from traversing this area. On June 15, 2000, staff released an RFQ to over 10 firms requesting a Statement of Qualifications to prepare a feasibility study for the development of a Water Park. The deadline for Statement of Qualifications submittals is July 11, 2000. The Maintenance Division continues to oversee the maintenance of parks and recreation facilities, as well as all other City owned public buildings and facilities. The Recreation staff is currently preparing for the annual Star Spangled 4t" of July activities. This annual event attracts approximately 10,000 participants of all ages. The Recreation Division continues to program classes, activities and excursions at all City recreation facilities. F:~Dcpts\CSD~ZIGLERG~CDEFZ'RFI'~0006 .doc 3un~ 19, 2OOO REBI"SVIZELOI?MSB BT'M I APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY EAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors Shawn D. Nelson, Executive Director June 27, 2000 Review and Approval of the FY 2000-01 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance ~ Tim McDermott, Assistant Finance D ~ irector RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DISCUSSION: The Temecula Redevelopment Agency (RDA) consists of three funds, the Low/Moderate Income Housing Fund, the Capital Projects Fund, and the Debt Service Fund. REVENUES Overall operating revenues of the RDA are anticipated to increase in FY 2000-01 by $1,260, 1 O0 (17.9%) from the current year. Gross property tax increment revenue is projected to increase by $1,374,000 (21.0%). This increase is a reflection of retail and industrial development in the project area, as well as stabilization in the assessed valuation decreases that have occurred in the project area throughout the 1990's. A decrease will be realized in investment interest, due to the continued expenditure of RDA bond proceeds and tax increment on capital improvement projects. EXPENDITURES Significant items in the proposed RDA budget are as follows: Low/Moderate Income Housinq o A net decrease in operating expenditures is reflected, due to reductions proposed for consulting services and the first time homebuyer program o A 910,000 increase is proposed in the administration charge paid to the City's General Fund RedeveloDment Decreases are reflected in consulting services (926,230) and in the banner program ( 921,000) 9200,000 is included for Old Town development incentives 9175,000 is included for the facade improvement program A 990,000 increase is proposed in the administration charge paid to the City's General Fund Debt Service o An 9857,000 increase is reflected in passthrough agreements as a result of increased tax increment revenue o Includes 9231,000 in interest on the deferred passthrough to Riverside County (which will be added to the outstanding deferral amount) FISCAL IMPACT: The proposed RDA operating budget reflects a spending plan that is balanced within projected revenues, and provides resources for various capital improvement projects. Attachments: Resolution No. RDA 2000- FY 2000-01 Annual Operating Budget RESOLUTION NO. RDA 2000- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WI:IF. REAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed final FY 2000-01 annual operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of the City of Temecula as follows: Section 1. That the FY 2000-01 RDA operating budget is hereby adopted. Section 2o That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the Executive Director. C. The Agency Members must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Agency Members must authorize any increase in regular personnel positions above the level indicated in the final budget. The Executive Director may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The Executive Director may authorize expenditures of funds in amounts up to $25,000. Anyexpenditureoffundsinexcessof$25,000requiresAgencyMemberaction. F. Pursuant to Section 3.32.050 of the Temecula Municipal Code, the Executive Director may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require Agency Member action, except that the Executive Director may approve change orders on Public Works contracts approved by the Agency Members in amounts up to project contingency established by the Agency Members. Section 3. Outstanding encumbrances shown on the Agency books at June 30, 2000 are hereby appropriated for such contracts or obligations for FY 2000-01. Section 4. The Agency Secretary shall certify adoption of the resolution. PASSED, APPRO VED AND ADOPTED, by the Board of Directors of the Redevelopment Agency of the City of Temecula this 27th day of June, 2000. ATTEST: Ron Rober~s, Chairperson Susan W. Jones, CMC Agency Secretary/City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 2000- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on the 27th day of June, 2000, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Susan W. Jones, CMC Agency Secretary/City Clerk YI'S~I"'SCUILA RI~EV~IL@Y~I~I~7 A~GIE~CV TEMECULA REDEVELOPMENT AGENCY 2000-01 PROPOSED OPERATING BUDGET SUMMARY RDA REVENUES Overall, a $1,260, 1 O0 or 17.9% increase in total RDA revenue is projected. Gross property tax increment revenue is projected to increase by $1 ,374,000 (21%). This increase is a reflection of retail and industrial development in the project area, as well as a stabilization in the assessed valuation appeals that have occurred in the project area throughout the late 1990's. A decrease will be realized in investment interest, due to the continued expenditure of RDA bond proceeds and tax increment on capital improvement projects. RDA EXPENDITURES A summary of the significant items included in the proposed budget is as follows: Low/Moderate Income Housing > A net decrease in operating expenditures is proposed, due to reductions proposed for consulting services and the first time homebuyer program > A $10,000 increase is proposed in the city administration charge paid to the City's General Fund RedeveloDment Decreases are reflected in consulting services ($26,230) and in the banner program (f~21,000) $200,000 is included for Old Town development incentives ~ 175,000 is included for the facade improvement program A $90,000 increase is proposed in the city administration charge paid to the City's General Fund Debt Service > A ~)857,000 increase is reflected in passthrough agreements as a result of increased tax increment revenue > Includes ~231,000 in interest on the deferred passthrough to Riverside County (this amount will be added to the outstanding deferral amount) TEMECULA REDEVELOPMENT AGENCY SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES PROPOSED FY 2000-01 OPERATING BUDGET Total Non-CIP Expenditures by Fund*: Low/Moderate Income Housing Redevelopment ** Debt Service*** Total Expend~ures Excess of Revenues Over (Under) EXpenditures Other Financing Sources*: Deferred Passthrough/Interest Advances from Other Funds Excess of Revenues and Other Financing Sources Over (Under) EXpenditures 99-00 99-00 00~1 Proposed 99-99 YTD Current Proposed rncrease Actual ~4/30/00 Budget Budget (Decrease) 8,224,990 3,808,528 7,054,800 8,314,900 1,260, 100 600,263 327,175 813,270 794,580 (18,690) 856,201 226,796 950,200 1,111,230 161,030 4,891,673 2,973,334 5,509,300 6,646,550 1,137,250 6,3.48,137 3,527,305 7,272,770 8,552,360 1,279,590 1,876,853 281,223 (217,970) (237,460) (19,490) 707,436 1,053,800 1,582,000 528,200 75,749 56,812 75,750 75,750 2,660,038 338,035 911,580 1,420,290 508,710 % (Decrease) 17,9% -2,3% 16.9% 20.6% 17.6% * Operating transfer between Debt Service and Redevelopment funds is not reflected TEMECULA REDEVELOPMENT AGENCY REVENUE DETAIL PROPOSED FY 2000.01 OPERATBqG BUDGET FUND 165 LOW/MODHOUSING 4015 -Tax Increment 4060 -Miscellaneous 4062 -Recovery of Prior year Expense 4065 -Investment Interest 4066 -Loan Interest 4072 -Sale of Property 4075 -Rental Income 4076 -Reimbursements 4077 -Forgivable Loan Repayment TOTAL LOW/MOD HOUSING FUND FY 98-99 FY 99.0-00 FY 99-00 FY 00.01 % ACTUALS YTD @4/30/00 CURRENT EST ESTIMATES CHANGE 1,139,902 657,361 1,308,600 1,583,000 20.97% 5,564 8,250 8,200 2,700 -67.07% 29 164,139 164,135 180,000 180,000 585 2,091 1,500 5,037 1,679,118 13,875 15,000 10,000 -33.33% 29,950 4,946 34,970 3,029,270 880,682 1,513,300 1,775,700 17.34% FUND 280 CIP 4060 -Miscellaneous 4062 -Reeove~ of prior Year Expense 4065 -Investment Interest 4066 -Loan Interest 4072 -Sale of Property 4075 -Rental Income 4090 -Operating Transfers In TOTAL CIP FUND FY 98-99 ACTUALS 603 l 196,664 24,010 46,898 123,005 625,000 1,016,181 FY 99.00 FY 99.00 FY 00.01 % 'TFD @4/30/00 CURRENT EST ESTIMATES CHANGE 27,286 61,000 40,000 -34.43% 13,181 16,100 15,200 -5.59% (1,331) 82,969 60,000 -100.00% 1,105,400 1,105,400 1,080,000 -2.30% 1,227,505 1,242,500 1,135,200 -8.64% FUND 380 DEBT SERVICE 4015 -Tax Increment 4065 -Investment Interest 4092 -Deferred Passthrough/Interest 4093 -Advances from Other Funds TOTAL DEBT SERVICE FUND FY 98-99 ACTUALS 4,559,604 244,935 707,436 75,749 5,587,724 FY 99.00 YTD @4/30/O0 2,629,444 176,297 56,812 FY 99.00 FY 00.01 % CURRENT EST ESTIMATES CHANGE 5,234,400 6,334,000 21.01% 170,000 150,000 -11.76% 1,053,800 1,582,000 50.12% 75,750 75,750 2,862,553 6,533,950 8,141,750 24.61% iTEM 2 APPROVAL ~ CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPIVIENT AGENCY AGENDA REPORT Sgency Directors hawn D. Nelson, Executive Director June 27, 2000 Review and Approval of the FY 2001-05 Capital Improvement Budget for the Redevelopment Agency (RDA) PREPARED BY: Genie Roberts, Director of Finance Gus Papagolos, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 00- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEIVIECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2001- 05 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2000-01. DISCUSSION: The Capital improvement Program (CIP) is the City's plan for providing public improvements which exceed $25,000 in cost, have long term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. COSTS The total Redevelopment Agency cost as identified in the CIP is $11,965,500 which includes eight (8) RDA projects and four (4) RDA Housing Projects. A total cost of $9,745,500 is programmed in FY 2000-01 CIP. REVENUE Projected revenue from the RDA and RDA Housing sources for the Five Year RDA Capital Improvement Program is $13,063,490. Through the five year program, there is adequate funding for all proposed projects. However because of revenue and cost timing considerations there are three projects that do not have funding sources identified. FISCAL IMPACT: The adoption of the FY 2001-05 Five Year Capital Improvement Program establishes the project appropriations for FY 2000-01. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. Attachments: Resolution No. RDA O0- FY 2001-05 Capital Improvement Program 2 RESOLUTION NO. RDA 00- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2001- 05 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2000-01. WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed FY 2001-05 Capital Improvement Program and has held such public meetings as are necessary prior to adopting the Capital Improvement Budget for FY 2000-01. WHEREAS, the careful tIming of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, Capital Improvement Program is necessary; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Capital Improvement Program FY 2001-05 is hereby approved. A copy of the FY 2001-05 Program is attached hereto as Exhibit "A' and will be kept on file in the office of the City Clerk. Section 2. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act CCEQA"). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, hut does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. Section 3. That certain document now on fde in the office of the City Clerk of the City of Temecula entitled "City of Temecula Capital Improvement Program FY 2001-05" included herein appropriations for FY 2000-01 is hereby adopted. Section 4. On May 17, 2000 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. Section 5. That the following controls are hereby placed on the use and transfers of budget appropriations: No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Board of Directors action. C. The City Manager may approve change orders on Redevelopment Agency contracts in amounts up to $25,000, if sufficient appropriated funds are available. D. That the City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the City Manager may authorize Redevelopment Agency contracts in amounts up to $25,000. Any expenditures of Redevelopment Agency funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Redevelopment Agency contracts approved by the Board of Directors in amounts up to project contingency established by Board of Directors. Section 6. Mayor Stone abstains with respect to projects within the Old Town area due to property ownership in Old Town Temecula. Section 7. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the City of Temecula at a regular meeting held on the 27® day of June 2000. ATTEST: Ron Roberts, Chairperson Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 00- was duly and regularly adopted by the Board of Directors of the City of Temecula at a regular meeting thereof held on the 27m day of June, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RDA DIEIPARTME~ _PORT YAh APPROVAL CITY ATTORNEY FINANCE DIRECTOR EXECUTIVE DIRECTOR TO: FROM: DATE: SUBJECT: TER/IECULA REDEVELOPIViENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members John Meyer, Housing & Redevelopment Manager June 27, 2000 Monthly Depadmental Report Attached for your information is the monthly report as of June 27, 2000 for the Redevelopment Department. HOUSING First Time Homebuyers Prowlram Funding in the amount of $250,000 is available for FY 99-00. Six loans have been closed for $113,860. Residential Improvement Programs For FY 99/00, fifty-five projects have been completed and five are in process. The program budget is $250,000 and $218,353 has been funded. The majodty of these projects are roof repairs, repainting and fence replacement. Habitat for Humanity Habitat has submitted plans to the Building Department. Title to the property will be transferred to Habitat after construction plans are approved. Grading of the site is underway. The blitz-build is scheduled for mid-July 2000. Request for Qualifications - Affordable Housing An RFQ was distdbuted on March 15, 2000 to identify qualified developers to develop affordable housing at three Pujol sites. Three qualified developers have been interviewed. Request for Qualifications - Senior Housing An RFQ was distributed on April 18, 2000 to identify interested, qualified developers to develop affordable senior housing in or around Old Town. Seven qualified developers have been interviewed. F:\Depts%REDEV\SYERSK\MONTHLLY\report.June.doc Recluest for Qualifications - Old Town Community Theater Interviews were held on Apdl 4 to select a qualified architect for the Old Town Community Theater. The subcommittee selected the architectural firm, Fisher Merriman Sehgal Yanez Inc. Negotiations have been completed and a final contract went to Council on June 13, Facade Improvement/Non-Conformincl Sian Prowlram The following facade improvement/sign projects have recently been completed: o 41915 4th Street (historic Structure) Krieger's General Store Complete Fa~:ade Renovation The following facade improvements are underway: o Second Street Automotive (Second and Mercedes) Complete Facade Renovation o Rancon Building (Front Street) Repaint Trim & Sign o The Temeku Market and Porch (Front Street) Fire Sprinklers o Musician's Workshop Fa~:ade and Sign o McLaughlin Engineering - 41934 Main Street Extedor Paint and Signs o Clock Tower Building Wood stain and seal o Palomar Hotel Plans have been submitted for the rehabilitation of the hotel and its conversion to a Bed and Breakfast. The Agency will provide financial assistance through the Fa~,tade Improvement Program. o Circle K Center in Old Town The Redevelopment Agency has negotiated assistance for the rehabilitation of the center. Plans, which include western-style architectural enhancements, are in the design phase. R:%syersk\monthly~report. May 2 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY D~R. ;;~;~c~. CITY CITY OF TEiViECULA AGENDA REPORT City Council Shawn D. Nelson, City Manager June 27, 2000 Review and Adoption of the FY 2000-01 Annual Operating Budget PREPARED BY: Genie Roberrs, Director of Finance Tim McDermott, Assistant Finance Director~ RECOMNIENDATION: That the City Council: 1. Adopt Resolution 2000- entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIVlECULA ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 2. Adopt Resolution 2000- entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEI~/IECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS Adopt Resolution 2000- entitled: RESOLUTION NO. 2000- OF THE CITY COUNCIL OF THE CITY OF A RESOLUTION TENIECULA ESTABLISHING THE APPROPRIATIONS LINIIT FOR FY 2000-01 DISCUSSION: Attached is the proposed FY 2000-01 Annual Operating Budget. The budget includes revenue projections and expenditure requests for the General Fund, Gas Tax Fund, and Internal Service Funds. The City of Temecula remains in healthy financial condition. Based upon the Finance Department's revised estimates of revenues and expenditures for the current fiscal year, it appears that most revenue estimates will be met or exceeded, and that actual expenditures should be approximately 9850,000 less than the budgeted appropriation amounts. The proposed FY 2000-01 budget is a balanced budget, with estimated revenues exceeding estimated expenditures (before operating transfers out) by 93,555,540. The City's reserve for economic uncertainties will be increased by 9662,839 to almost 98.5 million (which represents 30% of the proposed budgeted General Fund expenditures for FY 2000-01 ). This budget will provide increased service levels for the residents of Temecula, while at the same time maintaining the City's record of fiscal responsibility. Budaet Hiqhliahts The attached "FY 2000-01 Proposed Operating Budget Summary" provides a detailed discussion by operating department of the proposed operating budget. Following is a recap of the significant highlights of the proposed operating budget. Estimated General Fund revenues for FY 2000-01 total 931,775,490, which represents a 91,875,690 increase (6.3%) over the current fiscal year estimates. The single largest anticipated increase is for sales tax revenue, which is projected to total 915,500,000 in 2000-01, a ~)1,600,000 increase (11.5%) from the current year estimate. This increase is primarily due to sales tax generated from the Promenade Mall, power center, and related retail development in the area, as well as from the Home Depot which is projected to open in late fall, 2000. Proposed General Fund operating expenditures total 928,219,950, which represents an increase of 92,209,462 (8.5%) from the current fiscal year appropriations. A 10.1% increase in public safety costs is reflected in the proposed budget. The increases include the addition of two patrol officers, three traffic officers, and one community service officer. One school resource officer will be added, which will be paid for by the school district. The school district will also pick up the cost of one existing school resource officer. A 9363,000 increase in the Revenue Excess Sharing for Temecula ("REST") program contribution is proposed, bringing the FY 2000-01 contribution to 91,729,000. No change is proposed in the "Measure C" special tax rate (currently 963.44 per household). A 9420,000 increase in the CFD 88-12 sales tax reimbursement is projected, primarily due to the increase in sales tax revenue that will be generated by the Promenade Mall and related retail development. A 94,044,700 operating transfer of General Fund reserves is proposed to the City's capital improvement program. 2 o Two new positions, as well as the conversion of 9.25 existing project positions, are proposed to be added to the Schedule of Authorized Positions, "Gann" Aporopriations Limit In accordance with Government Code Section 7910, the City Council is required on an annual basis to adopt by resolution the "Gann" Appropriations Limit. The Appropriations Limit creates a restriction on the amount of revenue that can be appropriated in any fiscal year. The Limit is increased each year based on the growth of population, inflation, and non-residential assessed valuation Using population data provided by the State Department of Finance, and assessed valuation information provided by the City's property tax consultant HdL, Coren & Cone, the City's Appropriations Limit for FY 2000-01 has been computed to be 834,082,212. Appropriations subject to the limit in the proposed FY 2000-01 budget total 820,288,699, which is 813,793,513 less than the computed limit. Additional appropriations to the budget funded by non-tax sources such as service charges, restricted revenues from other agencies, grants, or beginning fund balances would be unaffected by the Appropriations Limit. However, any supplemental appropriations funded through increased tax sources could not exceed the 813,793,513 variance indicated above. Further, any overall actual receipts from tax sources greater than 813,793,513 from the budget estimates will result in proceeds from taxes in excess of the City's Appropriations Limit, requiring refunds of the excess within the next two fiscal years, or voter approval to increase the City's Appropriations Limit. FISCAL IMPACT: The proposed FY 2000-01 operating budget is a balanced budget that provides for an excess of General Fund revenues over operating expenditures of 83,555,540 (before operating transfers). Operating transfers out are proposed to set aside reserves for use in funding capital projects and vehicle purchases. The total General Fund fund balance is projected to be 813,453,535 at June 30, 2001, of which 88,465,985 (30% of annual General Fund expenditures) is recommended to be designated for economic uncertainties. Attachments: -Resolution No. 2000- -Resolution No. 2000- -Resolution No. 2000- -FY 2000-01 Proposed Annual Operating Budget -Schedule of Authorized Positions RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF TEMECULA ADOPTING THE FY 2000-01 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the City Council of the City of Temecula has reviewed the proposed final FY 2000-01 annum operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City ofTemecula FY 2000-01 Annual Operating Budget" is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the City Manager. C. The City Council must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The City Council must authorize any changes to the Schedule of Authorized Positions. The City Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. F. Pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 3. Outstanding encumbrances shown on the City books at June 30, 2000 are hereby appropriated for such contracts or obligations for FY 2000-01. Section 4. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this 27th day of June, 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2000-~ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of June, 2000, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RESOLUTION NO. 2000- A RESOLUTgON OF THE CITY COUNCIL OF THE, CITY OF IZMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS WHY. PEAS, pursuant to the authority under Chapter 2.12.030 of the City's Municipal Code, the City Manager has the authority to hire, set salaries and adopt personnel policies: and, WFIEREAS, the City Manager has recommended and the City Council now wishes to adopt the Revised Schedule of Authorized Positions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The attached Schedule of Authorized Positions is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective July 1, 2000, and may be thereafter amended. Section 3. The City Manager shah implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 27th day of June, 2000. ATTEST: Jeffi'ey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2000- was duly and regula~y adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27a~ day of June, 2000, by the following vote of the City Council: AYE S: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2000-01 WHEREAS, the voters approved the Gann Spending-Limitation Initiative (Proposition 4) on November 6, 1979, adding Article XIII B to the Constitution of the State of California to establish and define annual appropriation limits on state and local governmental entities; WHEREAS, SB 1352 provides for the implementation of Article XIII B by defining various terms used in this article and prescribing procedures to be used in implementing spedfie provisions of the article, including the establishment by resolution each year by the governing body of each local jurisdiction of its appropriations limits; WFFEREAS, the required computations to determine the Appropriations Limit for FY 2000- 01 have been performed by the Finance Department and are on file with the office of the City Clerk, and available for public review; WHEREAS, these computations are provided on Exhibit "A" which is herein incorporated by reference and attached hereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The Appropriations Limit for the City of Temecula for FY 2000-01 is hereby adopted. Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the office of the City Clerk. PASSED, APPROVED AND ADOPTED this 27m day of June, 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEIvIECULA) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2000- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of lune, 2000, by the following vote of the City Council: AYE S: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC CityClerk EXHIBIT "A" CITY OF TEMECULA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 1992-93 Appropriations Limit ..............................................................$10,109,911 FY 1993-94 Population Change~ ........................................................................8.25% FY 1993-94 Per Capita Personal Income Change~ ................................................2.72% Cumulative Compound (1.0825 x 1.0272) .........................................................11.19% FY 1993-94 Appropriations Limit ..............................................................$11,241,655 FY 1994-95 Population Change~ ..........................................................................8.15% FY 1994-95 Increase in Non-Residential Assessed Valuation~ ~ ................................ 21.7% Cumulative Compound (1.0815 x 1.2170) ...........................................................31.61 % FY 1994-95 Appropriations Limit ................................................................$14,796,098 FY 1995-96 City Population Change~ .................................................................10.49% FY 1995-96 Per Capita Personal Income Change~ ..................................................4.72% Cumulative Compound ( 1.1049 x 1.0472) ...........................................................15.71% FY 1995-96 Appropriations Limit ................................................................$17, 119, 161 FY 1996-97 City Population Change~ ...................................................................6.54% FY 1996-97 Increase in Non-Residential Assessed Valuation~ ~ .............................. 17.07% Cumulative Compound (1.0654 x 1.1707) ...........................................................24.73% FY 1996-97 Appropriations Emit ................................................................$21,352, 109 FY 1997-98 City Population Change~ ................................. 3.01% FY 1997-98 Per Capita Personal Income Change~ ......................... 4.67% Cumulative Compound (1.0301 x 1.0467) .............................. 7.82% F Y 1997-98 Appropriation Limit ................................ $23,021,965 FY 1998-99 City Population Change~ ................................. 6.41% FY 1998-99 Per Capita Personal Income Change° ......................... 4.15% Cumulative Compound (1.0641 x 1.0415) .............................. 10.83% FY 1998-99 Appropriation Limit ................................. $25,514,326 EXHIBIT "A" CITY OF TEMECULA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 1999-00 City Population Change~ .................................. 4.88% FY 1999-00 Increase in Non-Residential Assessed Valuation~ ~ ................... 7.92% Cumulative Compound (1.0488 x 1.0792) .............................. 13.19% FY 1999-00 Appropriation Limit ................................. $28,878,773 FY 2000-01 City Population Change~ .................................. 9.55% FY 2000-01 Increase in Non-Residential Assessed Valuation°° ................... 7.73% Cumulative Compound (1.0955 x 1.0773) .............................. 18.02% FY 2000-01 Appropriation Limit ................................. $34,082,212 Source: State of California Department of Finance Source: HdL Coren & Cone Classification of Revenue Sources and Calculation of Limit Margin FY 2000-01 Property Tax Sales and Use Tax Property Transfer Tax Homeowner Property Tax Relief Transient Occupancy Tax Business License Fee Franchise Fees Licenses & Permits Frees & Forfeitures Motor Vehicle in Lieu Gas Tax Overhead Reimbursement -TC SD Overhead Reimbursement -RDA Reimbursements -Capital Projects/Other AB3229/Grants Booking Fee/ERAF Reimbursement Miscellaneous Investment Interest Special Tax (Measure "C") Appropriations Subject to Limitation Before Prop. 111 Exclusions Prop. 111 Exclusions: Federal Mandates (Medicare) Qualified Capital Outlay Appropriations Subject to Limitation Galm Limit Margin Non-tax Proceeds 205,000 1,334,500 4,495,700 592,000 937,700 162,000 225,000 1,290,690 239,900 88,300 306,911 9,877,701 Exhibit B Tax Proceeds 1,505,000 15,500,000 335,000 39,000 1,330,000 2,460,900 106,800 621,089 2,486,100 24,383,889 95,190 4,000,000 20,288,699 34,082,212 13,793,513 FV 20OO-Ol PI~@P@SEED A~]UAL CITY OF TEWIECULA FY 2000-01 PROPOSED OPERATING BUDGET SUMMARY CURRENT CONDITIONS The City of Temecula remains in extremely healthy financial condition. Based upon the Finance Department's revised estimate of revenues and expenditures for the current fiscal year, it appears that most revenue estimates will be met or exceeded, and that actual expenditures should be approximately $850,000 less than the budgeted appropriation amounts. GENERAL FUND REVENUES The total projected General Fund revenues for 2000-01 reflect a 91 ,875,690 or 6.3% increase from the 1999-00 revenue estimates. The highlights are summarized below: $1 ,600,000 increase in sales tax (to $15,500,000) 9300,000 increase in motor vehicle in lieu revenue 9180,000 increase in transient occupancy taxes $100,000 increase in the administrative overhead reimbursement from the Redevelopment Agency $66,500 increase in property taxes 9400,300 decrease in community development related fees 997,000 reduction in investment interest due to the anticipated use of General Fund reserves for various capital improvement projects $106,800 is included for the booking fee reimbursement from the State. No additional one-time State revenues as a result of the State budget surplus have been included. GENERAL FUND EXPENDITURES The proposed budget reflects an increase in General Fund expenditures of $2,209,462 or 8.5% from the 1999-00 budget. The primary increases affecting the General Fund include: 1 ) police contract costs due to the net addition of four City-paid sworn positions, 2) Planning Department personnel and operating costs to support the City's growth management/Riverside County Integrated Plan efforts, 3) an increase in the CFD 88-12 sales tax reimbursement due regional mall related retail development, and 4) an increase in the "REST" contribution. Personnel costs increases are included to reflect a 3.5% across the board increase in salaries (per the City's current labor agreement). Two new positions are proposed to be added to the schedule of authorized positions, at a total annual cost of $145,010. A summary of these positions is as follows: Department Planning TCSD POsition GIS Administrator Park/Landscape Maintenance Supervisor The conversion of 9.25 existing project positions to permanent status is proposed. Most of these positions have been staffed for several years. The net annual incremental cost of these additions to the schedule' of authorized positions is only ~5,680. A summary of these positions is as follows: Department Finance Planning Building & Safety Building & Safety Public Works Public Works Public Works Information Systems Information Systems Support Services Position Accounting Specialist (.5 fte) Associate Planners (2) Building Inspector II Office Assistant Associate Engineer CIP Specialist (.5 fte) Office Assistant Information Systems Specialist Web Analyst (.75 fte) Office Assistant (.5 fte) Eleven position upgrades are proposed, at an annual incremental cost of 960,107. A summary of the proposed position upgrades is as follows: Deot. City Manager Human Resources Planning Planning Building & Safety Public Works TCSD Redevelopment Proposed Position Senior Management Analyst Human Resources Analyst Planning Director Office Specialist Building Inspector II Office Specialists (2) Office Specialists (3) Redevelopment Director Current Position Management Analyst H.R. Specialist Planning Manager Office Assistant Building Inspector I Office Assistants (2) Office Assistants (3) RDA Manager The proposed budget continues the City's practice of relying on project or temporary help to meet short-term needs. Included in the proposed budget is approximately 91.8 million in project and temporary help costs, which represents 17% of the City's total personnel cost budget. Following is a summary of the significant items by department in the 2000-01 proposed budget: City Council > No significant changes Community Support Community Services Funding reduced to ~)150,000 2 City Manager > Personnel cost reduction is reflected, due to payments made to prior City Manager through 9/99 (including final cash out) Economic Development > Includes increased funding for Banner Program > Overall decrease proposed of over 931,800 City Clerk Overall decrease proposed of over 928,400 City Attorney > No change Finance > No significant changes Human Resources > No significant changes Planning Reflects the transfer of Code Enforcement program from Building & Safety Department 9300,000 included for the General Plan update $85,000 included for consulting services to support the City's efforts during the Riverside County Integrated Plan process > 978,500 is included to bring the City's weed abatement program in house. The program is proposed to be staffed with two part-time project code enforcement officers. The program costs will be fully recovered with offsetting revenues. > A $93,540 increase is proposed for the City's GIS program (including the addition of a GIS Administrator) Building & Safety Reflects the transfer of Code Enforcement program to the Planning Department A $118,000 decrease in consultant plan check services is reflected An overall decrease of $143,600 is reflected Enqineering > No significant changes Public Works 971,500 is included for a pavement management system update $300,000 is included for "Category 1" traffic improvements A 967,750 increase is proposed for Old Town maintenance 9150,000 is included for a citywide aerial topographical photo map CIP Administration > An overall decrease of 981,380 is reflected Police > The following modifications are proposed to contract staffing levels: Addition of two Patrol Officers Addition of three Traffic Officers Decrease of one School Resource Officer (to be paid by TVUSD) Addition of one Community Service Officer The total School Resource Officer staffing will increase from four to five officers. However, the City's level of funding will decrease from three to two officers. The school district has agreed to increase its level of funding of the school resource officer program. The cost of one of the new positions will be partially offset by a federal grant in the amount of $75,000 over three years The City's ratio of one sworn officer per thousand residents is maintained with 54 sworn officers. In addition, the budget funds the following sworn positions: two officers dedicated to the Promenade Mall, and one officer dedicated to the neighborhood traffic enforcement program. ~55,000 is included for special event-related police service costs Fire A $231,890 decrease in Fire Services contract costs is reflected, due to an increase in the structural fire tax credit $22,674 is included for the establishment of a paramedic rank structure to ensure stability, promotion opportunity, and retention within the City paramedic program $88,000 is included for laptop computers with GPS/GIS, building preplan, and mapping programs to be installed in all front line fire and paramedic vehicles Animal Control A $15,000 increase in included due to a likely increase in rates charged by Lake Elsinore Animal Friends ("LEAF") based on a recent user fee study Non-Departmental A $420,000 increase in the CFD 88-12 sales tax reimbursement is included due to mall-related retail development The "REST" program contribution to TCSD is proposed to be increased from $1,366,000 to $1,729,000 (a 9363,000 increase) ODeratino Transfers Out A $4,044,700 transfer to the Capital Improvement Program is proposed A 955,000 transfer to the Vehicles Internal Service Fund is proposed to set aside reserves for the possible future purchase of a reserve paramedic squad vehicle, and to fund the purchase this year of a light truck for use by Fire inspection staff. FUND BALANCE Due to anticipated expenditure savings in the current fiscal year, it is estimated that the June 30, 2000 fund balance will be approximately 9850,000 higher than originally expected. The proposed 2000-01 budget provides for an excess of revenues over expenditures in the amount of $3,555,540. After reflecting all anticipated reserves of fund balance (and increasing the 30% reserve for economic uncertainties by ~663,000 to ~8.5 million), the proposed budget provides for 9219,378 in undesignated, available fund balance. 4 INTERNAL SERVICE FUNDS Following is a discussion of significant items in the proposed Internal Service Fund budgets: Insurance > No significant changes Vehicles > Five replacement and one additional vehicle purchases are proposed as follows: Building & Safety: two mid-sized extended cab trucks for inspection staff (replace two existing 1991 trucks), projected cost S40,O00 - Public Works: one-ton utility truck with generator for maintenance staff (replaces existing 1992 truck), projected cost 850,000 Public Works: four-wheel drive utility vehicle for CIP inspection staff (replaces existing 1990 utility vehicle), projected cost $30,000 o Fire: addition of a light truck for inspection staff, projected cost $20,000 o TCSD: four-wheel drive full size truck for maintenance staff (replaces existing 1991 truck), projected cost ~30,000 Information Systems ~125,000 is included for the upgrade of the City's financial accounting software ~82,500 is included for the upgrade of 26 computer workstations and the addition of 7 new computer workstations $57,750 is included to upgrade the City's core word processing/spreadsheet applications to Office 2000 > $52,800 is included to upgrade the City's operating system to Windows 2000 > $52,000 is included for the purchase of two high volume document scanners Support Services > The lease/purchase of a new color copier is included at a cost of $22,800 Facilities > No significant changes 5 CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GENERAL FUND PROPOSED FY 2000-01 OPERATING BUDGET 9g-(30 99-00 00-01 Proposed % 98-99 YTD Current Proposed Increase Increase Actual ~ 04/30/00 Budget Budget (Decrease) (Decrease) Totai Revenues 24,901,920 23,778,708 29,899,800 31,775,490 1,875,690 6.3% Expenditures by Dept: City Council 238,872 217, 167 289,000 282,210 (6,790) -2,3% Community Suppod 366,886 306,882 547,902 371,000 (176,902) -32.3% City Manager 631,636 465,973 644,934 587,880 (57,054) -8.8% Economic Development 702,233 614,667 816,847 785,030 (31,817) -3,9% City Clerk 548,926 416,831 627,371 598.900 (28,471) 4.5% City Attorney 275,042 171,629 347,500 347,500 Finance 886,825 770,363 1,067,838 1,089,090 21,252 2.0% Human Resources 321,224 233,150 293,200 319,290 26,090 8,9% Planning 1,517,029 1,187, 191 1,705,284 2,366,400 661,116 38.8% Planning-G iS 81,424 74, 107 134,739 227,280 92,541 68.7% Building & Safety 1,351,443 1,329,845 1,932,590 1,788,990 (143,600) -7.4% Engineering 872,923 734, 179 1,014,820 1,127, 190 112,370 11.1% Pubtic Works 1,685,341 1,975,005 3,494,743 3,616,270 121,527 3.5% CIP Admin 763,882 909,967 1,588,496 1,507,110 (81,386) -5.1% Police 5,298, 155 3,482,903 6,390,043 7,439,010 1,048,967 16.4% Fire 2,014,722 1,167,290 2,674, 181 2,527,800 (146.381 ) -5.5% Animal Control 50,893 39,808 65,000 80,000 15,000 23.1% Non-Departmental 1,448,454 1,416,211 2,376,000 3, 159,000 783,000 33.0% Total Expenditures 19,055,910 15,513, 168 26,010,488 28,219,950 2,209,462 8,5% Excess of Revenues Over (Under) Expenditures Operating Transfers OUt: Capital Projects Information Systems Vehicles Total Operating Transfers Out Excess of Revenues Over (Under) Expenditures and Operating Transfers Out 5,846,010 8,265,540 3,889,312 3,555,540 (333,772) 7,320,165 4,287,482 4,287,482 4,044,700 91,994 233,000 233,000 106,000 106,000 55,000 7,412,159 4,626,482 4,626,482 4,099,700 (1,566,149) 3,639,058 (737,170) (544,160) CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GENERAL FUND PROPOSED FY 2000-O1 OPERATING BUDGET Fund Balance, Beg. of Year Revenues Expenditures and Transfers Out Fund Balance, End of Year 99-00 99-00 00-O1 98-99 YTD Current Proposed ACtual ~ 04/30/00 Budget Budget 15,451,014 13,884,865 13,997,695 * 24,901,920 29,899,800 31,775,490 (26,468,069) (30,636,970) (32,319,650) 13,884,865 13, 147,695 13,453,535 Detail of Fund Balance: Reserved for land held for resale Reserved for long-term advance to RDA Reserved for long-term advance to CIP (Overland, Chaparral Pool) Reserved for long-term receivables Reserved for encumbrances Unreserved: Designated for continuing appropriation Designated for compensated absences Designated for economic uncertainty Undesignated 530,401 530,401 917,171 917,171 1,425,000 1,712,500 385,000 385,000 600,000 600,000 173,100 173,100 425,000 450,000 7,803,146 8,465,985 888,877 219,378 13,147,695 13,453,535 * Projects a $850,000 expenditure savings in 99-00. 7 Total Revenues Total Expenditures Excess of Revenues Over (Under) Expenditures CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE GAS TAX FUND PROPOSED FY 2000-01 OPERATING BUDGET 99-00 99-00 0001 98-99 YTD Current Proposed Actual {~. 04/30/00 Budget Budget 878,619 672,569 881,100 937,700 878,619 591,900 881,100 937,700 80.669 Proposed Increase (Decrease) 56,600 56,600 % Increase (Decrease) 6,4% 6,4% Fund Balance, Beg. of Year Revenues Expenditures Fund Balance, End of Year 878,619 881,100 937,700 (878,619) (881,100) (937,700) 8 To~lRevenues Total Expenditures by Fund: Vehicles Information Systems Support Services Facilities Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers In (Out): General Fund (Vehicles) General Fund (Information Systems) CIP Fund (Insurance) Excess of Revenues and Operating Transfers In Over (Under) Expenditures Retained Earnings, Beg. of Year Retained Earnings, End of Year CITY OF TEMECULA SUMMARY OF REVENUES, EXPENDITURES, AND CHANGE IN FUND EQUITY' INTERNAL SERVICE FUNDS PROPOSED FY 2000-01 OPERATING BUDGET 99-00 99-00 00-01 Pmposed % 98-99 YTD Current Proposed Increase Increase Actual ~. 04/30/00 Budget Budget (Decrease) (Decrease) 1,835,500 1,527,641 2,255,270 2,514,760 378,653 265,566 447,910 468,760 68,607 97,038 124,200 143,200 741,942 697,079 924,549 1,104,130 220,520 175,708 250,230 261,560 354,431 275,486 414,600 427,740 1,764, 153 1,510,877 2, 161,489 2,405,390 259,490 20,850 19,000 179,581 11,330 13,140 243,901 71,347 16,764 93,781 109,370 15,589 .49, 125 106,000 106,000 55,000 (51,000) 91,994 233,000 233,000 (233,000) (4O0,000) (400,000) 4O0,000 212,466 (44,236) 32,781 164,370 1,085,953 1,298,419 1,331,200 -1,298,419 1,331,200 1,495,570 131,589 11.5% 4.7% 15.3% 19.4% 4.5% 3.2% 11.3% ACCT NO OOIGENERALFUND DEPT 161 PLANNING DEPT 162 BUILDING DEPT 163 ENGINEERING DEPT 170 POLICE 4051 -Donations - Evel3t 15 Minutes 4055 -Parking Citations 4057 -Booking Fees Recovery 4060 -Miscellaneous 4067 -Vehicle Impound Fees 4076 -Reimbursements 4083 ~]rants 4085 -AB3229 (COPS) 4116 -Conditional Use Permit 4125 -TemporaW Outdoor Event DEPT 171 FIRE 4036 -Ftre Plan Check 4037 -Ftre Inspection 4038 -License Care Facility Fees DEPT 199 NON-DEPARTMENTAL 4010 -FxopeityTax 4012 -Property Tax(Unsecured) 4013 -Supplemental Tax - AB 2345 4015 -ERAF Reimbursement 4016 -Property Transfer Tax 4017 -Booking Fee Reimbursement 4018 -Franchise Fees 4020 -Transient Occupancy Tax 4024 -Sales and Use Tax 4025 -Grants 4028 -Homeowner propeay Tax Relief 4032 -Candidate Filing Fees 4042 -Motor Vehicle License Fees 4045 -Off Road Vehicle In Lieu 4046 -Motor Vehicle in Lieu 4047 -Vehicle Co& Fines 4053 -Bids & Proposals 4056 -Business Licenses 4060 -Miscellaneous Non Taxable 4061 -Ralumed Check Fee 4062 -Recove~ of Prior Year Expense 4065 -Investment Interest 4066 -Loan Interest 4070 -Cash Over & Short 4074 -Old Town Logo License Fee 4076 -Reimbursemeats 4077 -Community S~rvices District 4082 -Redevelopment Agency 4083 -Capital Improvement Program 4090 -Operating Transfers-in TOTAL GENERAL FUND GENERALFUND REVENUEDETAIL PROPOSEDFY2000-01OPERATINGBUDGET FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ACTUALS YTD ~,4/30/00 CURRENT EST ESTIMATES CHANGE 423,249 376,645 459,000 458,500 -0.11% 2,349,388 1,986,769 2,304,500 1,887,700 -18.09% 1,385,848 1,947,213 1,800,000 1,800,000 69,584 2,568 21,763 2~660 105,268 2,495 168,258 77,145 357 1,213,009 77,450 18,942 303,645 1,266,610 1,012,582 10,652,400 6,654 36,939 56,771 791 2,020,110 326,588 22,704 187,015 I~085 586 72,040 1,201,117 2,032 429 35 23,470 162,000 125,000 589,713 878,620 24,901,920 12,500 20,000 55,286 60,000 67,000 11.67% 2,500 -100.00% 16,937 20,000 21,500 7.50% 15,435 19,000 18,300 -3.68% 265,613 85,000 105,821 103,600 128,000 23.55% 108,643 108,600 111,900 3.04% 115 2,502 2,000 2,500 25.00% 218,396 227,000 22~000 119,775 103,000 120,000 16.50% 784 868,353 1,347,500 1,401,000 3.97% 79,970 75,000 88,000 17.33% 16,135 16,000 16,000 111,390 108,400 283,229 320,000 335,000 4.69% 106,867 106,800 106,800 1,077,292 1,361,500 1,334,500 -1.98% 86~701 1,150,000 1,330,000 15.65% 10,606,762 13,900,000 15,500,000 11.51% 2,792 19,636 37,000 39,000 5.41% 125 56,771 51,000 60,000 17.65% 875 1,300 900 -30.77% 1,902,066 2,100,000 2,400,000 14.29% 368,732 450,000 525,000 16.67% 10,219 20,000 13,500 -32.50% 195,603 185,000 205,000 10.81% 34,080 15,000 15,000 405 889,590 1,025,000 928,000 -9.46% -27 2,076 121,500 162,000 162,000 93,750 125,000 225,000 80.00% 239,482 1,253,000 1,205,690 -3.78% 591,900 881,100 937,700 6.42% 23,778,708 29,899,800 31,775,490 6.27% l0 ACCT NO 100GASTAXFUND GAS TAX FUND REVENUE DETAIL PROPOSED FY 2000-01 OPERATING BUDGET FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ACTUALS YTD (~4/30/00 CURRENT EST ESTIMATES CHANGE 4065 -Investment Interest 4700 Gas Tax 2106 4701 fa~sTax2105 4702 -GasTax2107 4704 -GssTax2107.5 TOTAL GAS TAX FUND 5,90g 201,286 285,803 379,622 6,000 878,619 3,965 4,500 4,500 152,597 196,900 213,500 8.43% 219,138 280,700 306,500 9.19% 290,869 393,000 407,200 3.61% ~000 6,000 6,000 672,569 881,100 937,700 6.42% INTERNAL SERVICE FUNDS REVENUE DETAIL PROPOSED FY 2000-01 OPERATING BLrDGET FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ~JND 300 INSURANCE ACTUALS YTD ~4/30/00 CURRENT EST ESTIMATES CHANGE I062 -Recovery of Prior Year Expense 5,693 1065 -Investment lraerest 80,001 52,966 80,000 60,000 -25.00% 1076 -Charges for Services 298,652 226,114 367,910 408,760 11.10°~ ~086 -Special Event Insurance Fees 1,126 616 1,000 500 i095 -Claims Recove~ 3,955 TOTAL INSURANCE FUND 383,734 285,389 448,910 469,260 4.53°A FY 98-99 Fy 99-00 FY 99-00 FY 00-01 % ?UND 310 VEHICLES ACTUALS YTD ~4/30/00 CURRENT EST ESTIMATES CHANGE 1065 -Investment Interest 1,267 1076 -Charges for Services 80,730 115,652 149,00£ 171,$40 15.33% 1090 -Op~rat {rig Transfers In 49,125 106,000 106,00C 55,000 -48.11% TOTAL VEHICLES FUND 131,122 221,652 255,00C 226,840 -11.04% FY 98-99 FY 99-00 FY 99-00 FY 00-01 % ~UND 320 INFORMATION SYSTEMS ACTUALS YTD ~4/30/00 CURRENT EST ESTIMATES CHANGE ~050 -Pay Telephone Revenue 314 415 300 400 33.33% ~062 -Recovery of Prior Year Expense 14 4065 -Investment Interest 947 5,620 4,000 4076 -Charges for Services 794,993 700,948 988.000 1,175,330 18.96% 4550 -Gain on Disposal of Assets 4090 -Operating Tr aris fers In 91,994 233,000 233,000 -100.00% tOTAL INFORMATION SYSTEMS FUND 888,262 939,983 1,221,300 1,179,730 -3.40% FY 98-99 FY 99-00 FY 99-00 FY 00-01 % FUND ~30 SUPPORT SERVICES ACTUALS YTD ~'~4/30/00 CURRENT EST ESTIMATES CHANGE 4062 .Recovery of Prior Year Expense 5 4065 .Investment Interest 8,878 6,768 8,000 8,000 4076 .Charges for Services 212,096 159,238 247,110 258,190 4.48% 4550 ,Gain on Disposal of Assets 6,894 TOTAL SUPPORT SERVICES FUND 220,979 172,900 255,110 266,19C 4.34°/ FY 98-99 FY 99-00 Fy 99-00 FY 00-01 % FUND 340 FACILITIES ACTUALS YTD ~4/30/00 CLrRRENT EST ESTIMATES CHANGE 4062 -R~ove~3~ of Prior Yeax Expense 82 4065 -Investment Interest 3,923 2,692 4,000 3,000 -25.00~ 4076 -Charges for Services 348,516, 244,025 409,950 424,740 3.61~ TOTAL FACILITIES FUND 352,521 246,717 413,950 427,740 3.33~ 12 City of Temecula Schedule of Authorized Positions FINAL DRAFT 7/1/00 Buildinq & Safety Administrative Secretary Building Inspector II Chief Building Official Community Development Technician Deputy Building Official Office Assistant Office Specialist Plan Checker/Building Insp. Senior Building inspector Building & Safety Subtotals: Authorized Count Minimum Exempt/ Maximum Nonexempt City Clerk Administrative Secretary Administrative Technician City Clerk/Director Of Suppo[t Services Deputy Director Of Suppo~l Services Information Systems Administrator Information Systems Specialist Office Assistant Office Specialist Records Coordinator Web Analyst City Clerk Subtotals: 1.0 $2,390 $2,980 NE 5.0 $2,962 $3,691 NE 1.0 $5,864 $7,108 E 4.0 $2,693 $3,359 NE 1.0 $4,668 $5,685 E 1.0 $1,663 $2,076 NE 1.0 $1,820 $2,348 NE 1.0 $3,324 $4,053 NE 1.0 $3,572 $4,457 E 16.0 City Council City Council City Council Subtotals: 1.0 $2,390 $2,980 NE 1.0 $1,746 $2,178 NE 1.0 $5,839 $7,119 E 1.0 $4,015 $5,009 E 1.0 $3,968 $4,951 E 2.0 $3,536 $4,310 E 1.5 $1,663 $2,076 NE 1.0 $1,820 $2,270 NE 1.0 $2,361 $2,943 NE 0.75 $2,948 $3,589 NE 11.25 City Manaqer Administrative Secretary Assistant City Manager Asst. To The City Manager City Manager Executive Assistant Human Resources Analyst Human Resources Assistant Marketing Coordinator Senior Management Analyst City Manager Subtotals: 5.0 $560 5.0 $0 E 1.0 $2,390 $2,980 NE 1.0 $7,133 $8,690 E 1.0 $4,794 $5,844 E 1.0 $9,487 ~ E 1.0 $2,965 $3,823 E 1.0 $3,295 $4,015 E 1.0 $2,378 $2,899 NE 1.0 $3,511 $4,277 E 1.0 $3,865 $4,821 E 9.0 Page I City of Temecula Schedule of Authorized Positions FrNAL DRAFT 7/1/00 Community Services Administrative Secretary Custodian Deputy Dir. Of Comm. Svcs. Development Services Administrator Director Of Community Services Facility Maintenance Coordinator Landscape Inspector Lead Maintenance Worker Maintenance Superintendent Maintenance Supervisor Park/Landscape Maintenance Supervisor Maintenance Worker Management Analyst Museum Services Manager Office Specialist Recreation Coordinator Recreation Superintendent Recreation Supervisor Senior Landscape Inspector Community Services Subtotals: Finance Accountant Accounting Assistant Accounting Specialist Administrative Secretary Assistant Finance Director Director Of Finance Purchasing Specialist Senior Accountant Senior Management Analyst Finance Subtotals: 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 2.0 1.0 1.0 3.0 3.0 1.0 2.0 1.0 26.0 1.0 2.0 3.0 1.0 1.0 1.0 1.0 1.0 1.0 12.0 $2,390 $1,722 $4,727 $4,026 $6,245 $2,314 $2,639 $2,343 $4,139 $3,530 $3,530 $2,072 $3,295 $3,005 $1,820 $2,103 $4,015 $2,924 $3,034 $3,005 $1,898 $2,257 $2,390 $4,688 $6,368 $2,277 $3,750 $3,865 $2,980 $2,150 $5,761 $5,023 $7,608 $2,885 $3,213 $2,926 $5,162 $4,3O2 $4,302 $2,583 $4,015 $3,750 $2,270 $2,621 $5,009 $3,645 $3,696 $3,750 $2,368 $2,815 $2,980 $5,712 $7,759 $2,774 $4,567 $4,821 NE NE E E E NE NE NE E E E NE E NE NE NE E NE NE NE NE NE NE E E NE E E Pase 2 City of Temecula Schedule of Authorized Positions FINAL DRAFT 7/1/00 Planninq Administrative Secretary Assistant Planner Associate Planner Code Enforcement Officer Deputy City Manager Development Processing Coordinator GIS Administrator GIS Analyst Office Assistant Office Specialist Director of Planning Senior Management Analyst Senior Planner Planning Subtotals: Public Works Administrative Secretary Assistant Engineer Associate Engineer CIP Specialist Deputy Director Public Works Director Of Public Works/City Engineer Lead Maintenance Worker Maintenance Superintendent Maintenance Supervisor Maintenance Worker Management Analyst Office Assistant Office Specialist Principal Engineer Public Works Inspector Senior Engineer Senior Public Works Inspector Public Works Subtotals: 1.0 1.0 4.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 18.0 1.0 7.0 6.0 0.5 1.0 1.0 3.0 1.0 1.0 3.0 1.0 2.0 2.0 1.0 1.0 4.0 3.0 38.5 $2,390 $3,131 $3,635 $2,885 $6,792 $3,290 $3,850 $2,948 $1,663 $1,820 $5,864 $3,865 $4,181 $2,390 $3,589 $4,157 $2,693 $5,563 $6,679 $2,343 $4,139 $3,530 $2,072 $3,295 $1,663 $1,820 $5,299 $2,977 $4,841 $3,603 $2,980 $3,902 $4,531 $3,597 $8,276 $4,010 $4,715 $3,589 $2,076 $2,270 $7,108 $4,821 $5,217 $2,980 $4,474 $5,186 $3,359 $6,779 $8,136 $2,926 $5,162 $4,302 $2,583 $4,015 $2,076 $2,270 $6,456 $3,710 $5,897 $4,494 NE NE NE NE E NE NE NE NE NE E E E NE NE E NE E E NE E E NE E NE NE E NE E NE Page 3 City of Temecula Schedule of Authorized Positions FINAL DRAFT 7/1/00 Redevelopment Administrative Secretary Director, Housing Redevelopment Senior Management Analyst Redevelopment Subtotals: 1.0 1.0 1.0 3.0 $2,390 $5,864 $3,865 $2,980 $7,108 $4,821 NE E E Totals: Building & Safety ................................. City Clerk ........................................... City Council ........................................ City Manager ....................................... Community Services ............................. Finance .............................................. Planning ............................................. Public Works ...................................... Redevelopment .................................... 16.0 11.25 5.0 9.0 26.0 12,0 18.0 38.5 3.0 Total of Authorized Positions: 138.75 Page 4 APPROVAL ~ CITY ATTORNEY DIRo OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Shawn Nelson, City Manager June 27, 2000 Adoption of the FY 2001-05 Capital Improvement Program PREPARED BY: Genie Roberts, Director of Finance Gus Papagolos, Senior Management Analyst RECOMMENDATION: Adopt a Resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2001-05 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2000-01. DISCUSSION: The Capital improvement Program (CIP) is the City's plan for providing public improvements which exceed $25,000 in cost, have long term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. CIP DEVELOPMENT The CIP was developed by taking recommendations provided by the staff and the City Council during a series of workshops. The primary focus of these workshops was to identify community needs in the areas of roads/streets; bridges; public buildings; parks and recreation facilities; and redevelopment projects. All projects were reviewed to ensure consistency with the provisions of the City's General Plan, as well as the long term vision of the City as developed by the City Council. On May 17, 2000 the Planning Commission found the proposed CIP to be consistent with the General Plan in accordance with Government Code Section 65403 of the State Planning and Zoning Law. The Pubic/Traffic Safety Commission at their May 25, 2000 meeting reviewed the Circulation and Infrastructure portion of the document and found it acceptable. Qn June 1st, 2000 the City Council held a workshop to review and discuss the draft CIP. The feedback from both Commissions was presented to the City Council at the workshop. At the workshop the City Council provided direction to staff to allocate additional funding to the Chaparral High School Swimming Pool. Staff is recommending that $385,730 in capital reserves be shifted from the Community Theater project since that project will not likely be ready for construction within the next 12 months. Staff anticipates that additional funding could be identified during the next CIP process to fund the Community Theater if necessary. Also per City Council direction, included in this proposed CIP is a feasibility study to determine possibilities and options for a water park facility in conjunction with the design of the Northwest Sports Complex. At the June 13, 2000 City Council meeting staff was directed to add the Chaparral High School Stadium Track project to the CIP. The City's contribution to this project is 944,700 and is predicated on a matching fund contribution from the Stadium fund raising organization. COSTS Overall, the total cost as identified in the CIP is 9346,121,890. A total of 119 projects are included in the program, consisting of fifty-five (55) Circulation Projects, eighteen (18) Infrastructure/Other Projects, thirty-four (34) Park Projects, and twelve (12) Redevelopment Agency/Housing Projects. The following illustrates the associated costs for each project classification and total cost: Project Circulation Infrastructure/Other Projects Parks Redevelopment RDA/Housing Cost $234,945,600 9 68,466,600 9 29,822,630 9 12,887,060 REVENUE Projected revenue from identified sources for the Five Year Capital Improvement Program is 9118,040,370. Through the first two years of the five year program, there is adequate funding for all proposed projects. The CIP is fully funded in FY 2000-01 at 936,453,060 and in FY 2001-02 at 920,93%000. However, for the remaining three years, in the unspecified category, the deficiency begins and continues to increase to the five year total of 9232,631,630. Included in this five year plan are twenty-six (26) projects which currently do not fit into the five year window, but warrant consideration and review in this document. These projects are proposed to be funded by both assessment districts and unspecified funds in future years for a total cost of 9170,012,300, which is included in the total unspecified amount of 9232,631,630. FISCAL IMPACT: The adoption of the FY 2001-05 Five Year Capital Improvement Program establishes the project appropriations for FY 2000-01. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. Attachment: Resolution O0- Draft Capital Improvement Program 2001-05 RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2001-05 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2000-2001 WHEREAS, the City of Temecula requires public infrastructure improvements in the areas of streets, highways, transportation facilities, parks, recreational facilities and public buildings and facilities; and WHEREAS, the careful timing of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, Capital Improvement Program is necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Capital Improvement Program FY 2001-05 is hereby approved. A copy of the FY 2001-05 Program is attached hereto as Exhibit "A" and will be kept on file in the office of the City Clerk. Section 2. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act CCEQA"). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Capital Improvement Program FY 2001-05" included herein appropriations for FY 2000-01 is hereby adopted. Section 4. On May 17, 2000 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. Section 5. That the following controls are hereby placed on the use and transfers of budget appropriations: No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amounts up to $25,000, if sufficient appropriated funds are available. That the City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 6. Mayor Stone abstains with respect to projects within the Old Town area due to property ownership in Old Town Temecula. Section 7. resolution. Certification. The City Clerk shall certify the adoption of this PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 2Th day of June 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 00- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27m day of June, 2000, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ~TIEM 18 APPROVA~.~ CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Grant Yates, Assistant to the City Manager June 27, 2000 Ordinance for Council Pay Increase PREPARED BY: Denise Lanier,~uman Resources Specialist RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.050 OF THE TEMECULA MUNICIPAL CODE REVISING THE SALARY FOR COUNCIL MEMBERS TO FIVE HUNDRED DOLLARS PER MONTH AS PROVIDED IN GOVERNMENT CODE SECTION 36516 AND PROVIDING FOR REIMBURSEMENT OF NECESSARY EXPENSES. BACKGROUND: The Government Code Section 36516 provides that Council Members in a City with a population of 50,000 to 75,000 persons are authorized to receive a salary of $500.00 per month. The current population of the City of Temecula is 53,791 according to the California Department of Finance. Currently, City of Temecula Council Members receive $300 per month for service. In addition, the Council Members have not received any type of increase since the City's incorporation of December 1, 1989. If the City Council approves this ordinance, this pay increase will not be in effect until the City Council is seated following the November, 2001 election. FISCAL IMPACT: This ordinance will not be effective until after November, 2001. Therefore, there is no fiscal impact in the upcoming budget. Following implementation, this action will cost approximately $12,000 per year. Attachment: Ordinance 2000- 5/7/00 ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.050 OF THE TEMECULA MUNICIPAL CODE REVISING THE SALARY FOR COUNCIL MEMBERS TO FIVE HUNDRED DOLLARS PER MONTH AS PROVIDED IN GOVERNMENT CODE SECTION 36516 AND PROVIDING FOR REIMBURSEMENT OF NECESSARY EXPENSES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Government Code Section 36516 provides that council members in a city with a population of 50,000 to 75,000 persons are authorized to receive a salary of $500.00 per month. The population of a city for the purposes of establishing council member salaries may be based upon either a federal census or an estimate of population validated by the California Department of Finance. B. The population of the City of Temecula is 53,791 persons as validated by the California Department of Finance. Section 2. Section 2.04.050 of the Temecula Municipal Code is hereby amended to read as follows: "2.04.050 Compensation "A. In accordance with Government Code Section 36516, each council member shall be entitled to a salary of in the amount of five hundred dollars ($500.00) per month. "B. Upon the submission of an itemized account, any council member may be reimbursed for the actual and necessary expenses incurred in the performance of official duty. The Council may, by resolution, establish a schedule of actual and necessary expenses incurred in the performance of official duty for which council members may be reimbursed." 5/7/00 Section 3. As required by Government Code Section 36516.5, council members shall not be eligible for the $500.00 salary described in Section 1 of this Ordinance until the term of office begins for council members elected at the November 2001 General Municipal Election. Until such time, council members shall continue to receive $300.00 per month in salary. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this __day of ,2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [Seal] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. __ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of ,2000, and that, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of ,2000, by the following roll call: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: p:\forms\dty clerk forms\staff report - shell 3 BTEM 19 APPROVAL F~'~~ CITY ATTORNEY FINANCE DIRECT CiTY MANAGE TO: FROI~I: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council John Meyer, Housing and Redevelopment Manager June 27, 2000 Consideration of adoption of a Resolution of Necessity for the Acquisition in Eminent Domain of Property for Community Facilities in the Old Town Area (Old Town Trading Post) RECOMMENDATION: That the City Council: Consider adoption of proposed Resolution No. 2000- __, a Resolution of Necessity of the City of Temecula Declaring Certain Real Property Necessary for Public Purposes and Authorizing the Acquisition thereof in connection with the Old Town Area Community Facilities. 2. Open and conduct a headng on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all of the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote. 3. If the City Council finds, based upon the evidence contained in and referred to this report, the testimony and comments received in this headng, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discration, adopt proposed Resolution No. 2000- __ (which requires a 4/5ths vote of the entire Council): RESOLUTION NO. 2000-__ A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COR/Itl/iUNITY FACILITIES IN THE OLD TOWN AREA (OLD TOWN TRADING POST) 4. Authorize the City Attomey's Office to file eminent domain proceedings in the Superior Court of Riverside County. \\TEMEC_FSlO1\VOLl~Depts~REDEV~Oldtown~OTACQ~eminents~afftradingpost,doc BACKGROUND: The Old Town Area of the City is generally located within the boundaries of Rancho California Road on the north, the Temecula Valley Freeway (Interstate 15) on the East, Santiago Road and First Street on the south, and Pujol Street on the west. This area is the subject of the Old Town Specific Plan adopted by the City Council on February 8, 1994 by Resolution No. 94-13 and Ordinance No. 94-05. The Old town Specific Plan provides for land use and development standards, design guidelines, traffic improvements, infrastructure improvements, and capital projects for the Old Town Area as well as describing methodologies for economic revitalization of the Old Town Area. The Specific Plan encourages development of parking areas, preservation of historical structures, and development of parks, city offices, senior citizen centers, museums, community centers and libraries. The Subject Property is located at 42081 Main Street (APN 922-036-028) and more specifically described in Exhibit 1 of proposed Resolution No. 2000- __. ReQuired Findings To adopt the proposed Resolution of Necessity, the City Council must find and determine that: A. The public interest and necessity require the Project; The Project is planned or located in the manner that will be compatible with the greatest public good and least private injury; The Subject Property interests described in the Resolution of Necessity are necessary for the Project; The offer required by Section 7267.2 of the govemment Code has been made to the owner of record of the property sought to be acquired. The proposed Resolution of Necessity for the Subject Property is attached to this Agenda Report. The hearing relates to issues, A, B, C and D above. A. The Public Interest and Necessity Require the Project As shown by the Old Town Specific Plan cited above, the development of the Old Town Area depends upon the acquisition of property for public parking and the development of community facilities such as parks, city offices, senior citizen centers, museums, community centers and libraries as well as the preservation of historical structures. The Old Town Temecula Trading Post, as the subject properly is sometimes known, offers unique opportunities for implementing the Old Town Specific Plan. It is large enough to support many types of community facilities. B. The Project is Planned in the Manner that will be Compatible with the Greatest Public Good and Least Private Injury The studies, plans and other documents cited above also evidence that the use of the Subject Property for public parking and the development of community facilities such as parks, city offices, senior citizen centers, museums, community centers and libraries as well as the preservation of historical structures is planned and located to provide the best practical solution to address the stated planning goals of the General Plan and the Old Town Specific Plan. \\TEMEC_FSf 01 \VO L1 ~Depts~REOEV~Oldtown\OTACQ~eminentstaffiradingpost.doc The Subject Properly Interests Described in the Resolution of Necessity are Necessary for the Project The proposed acquisition of the subject property interests described in the Resolution is necessary for the Project as planned and designed. The Subject Property offers unique oppodunities for implementing the Old Town Specific Plan. It is large enough to suppod many types of community facilities including a Children's Museum. The Offer Required by Section 7267.2 of the Government Code has been made to the Owner of Record of the Property sought to be Acquired Pursuant to Government Code Section 7262, et seq., the City obtained a fair market value appraisal of the subject property interests, set just compensation in accordance with the appraised fair market value, and extended a wdtten offer letter to Jack and Mary Davis, owner of record of the Subject Property May 24. 2000. Adoption of the proposed Resolution of Necessity requires at least a four/fifths (4~5) vote of the City Council. FISCAL liVlPACT: Adequate funds are available for the proposed acquisitions through the City's Fiscal Year 2000-004 Capital Improvement Fund. ATTACHiViENTS: Resolution No. 2000-__ \\TEMEC_FS101%VOL1~)epts%REDEV~Oldtown\OTACQ%eminentstaffiradingpost.doc RESOLUTION NO. :~000- A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COMI~JIUNITY FACILITIES IN THE OLD TOWN AREA (OLD TOWN TRADING POST) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Temecula is a municipal corporation in the County of Riverside, State of Califomia. Section 2. The real property described generally in Section 3 of this Resolution and more particularly described in Exhibit I of this Resolution ("Subject Property"), is to be taken for a public use, namely for community facilities in the Old Town Area, and all purposes necessary or convenient thereto, pursuant to the authority conferred on the City of Temecula by eminent domain by Califomia Constitution Article I Section 19, and California Government Code Sections 37350, 37350.5, 40401, 40403 and 40404 and California Code of Civil Procedure Sections 1240.010 through 1240.050; and 1240.110, 1240.120, 1240.150, 1240.160, 1240.410, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 3. The Subject Property sought to be taken is located in the City of Temecula, County of Riverside, State of California, and is identified by Assessors Parcel Number 922-036-020. The Subject Property sought to be taken is more particularly described in Exhibit I to this Resolution, which are incorporated by this reference. Section 4. The City Council of the City of Temecula finds and determines that: A. The acquisition of the Subject Property is required for the Old Town community facilities ("the Project"). A general description of the Project is set forth in the Agenda Report dated September 8, 1998 and the reports and documents dited in that Report, which are all incorporated in this Resolution by this reference. B. The potential impacts of the acquisition of the Subject Property were analyzed in connection with the analysis of the Old Town Specific Plan. On February 22, 1994, the City of Temecula adopted Resolution 94-05 approving a Mitigated Negative Declaration regarding the Old Town Specific Plan. Notice of determination thereof was duly filed. Pursuant to Califomia Environmental Quality Act Guidelines 15162, et seq., the findings made in connection with the said Mitigated Negative Declaration, are the appropriate findings with regard to the acquisition of the Subject Property. The environmental documentation prepared in connection with these actions has been duly reviewed and the Council hereby determines that no significant changes in the Project or in the environment, and no new information had been obtained which would require further environmental analysis with respect to the acquisition of \\TEMEC_FSl01\VOLl\Depts\REDEV\Oldtown\OTACQ\tradposteminendomain.rtf the Subject Property. The acquisition of the Subject Property will not have a significant effect on the environment. Section 5. The City Council of the City of Temecula hereby finds and determines that: A. The public interest and necessity require the proposed project; B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The offer required by Section 7267.2 of the Govemment Code has made to the owners of record. Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on June 27, 2000 when it adopted this Resolution, including the Agenda Report dated June 27, 2000, all documents incorporated in the Agenda Report, the testimony at the hearing, the records and documents prepared in connection with the Project, the testimony and evidence presented at hearings related to the Project, and the public records of the City pertaining to the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City of Temecula hereby authorizes and directs Richards, Watson & Gershon. as City Attorney, to take all steps necessary to commence an action in a court of competent jurisdiction to acquire by eminent domain the property interests described in this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 27t" day of June, 2000. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] \\TEMEC_FSlOl\VOLl~Depts~REDEV~Oldtown\OTACQ~tradposteminendomain,rtf STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2000-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of June, 2000, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk \\TEMEC_FS101 \VOL1 ~Depts~REOEV~Oldtown\OTACQ~radposteminendomain.rtf BTEM 20 FINANCE OFFICER CITY MANAGER CITY COUNCIL AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council John Meyer, Housing and Redevelopment Manager June 27, 2000 Acquisition of Property for Old Town Children's Museum 42081 Main Street (APN 922-036-028) RECOMMENDATION: The City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND JACK AND MARY DAVIS (OLD TOWN TRADING POST) That the City Council authorize an expenditure in an amount not to exceed $975,000 for acquisition, soil testing, inspections, escrow, closing costs and relocation assistance. BACKGROUND: Per Council direction, staff has been working with Ben Fraley of Rancon Real Estate, who is representing Jack and Mary Davis, regarding the purchase of the Old Town Trading Post. A staff report has been prepared for the June 27, 2000 City Council meeting requesting that the Council adopt a Resolution of Necessity authorizing the City to acquire the property by eminent domain for an offer of $800,000 to the properly owner. An appraisal of the property was performed by the City's appraiser. The offer and purchase pdce is reflective of the appraised value. A Phase I Environmental Analysis will be conducted on the property to determine the presence of hazardous waste or unacceptable soil conditions. The purchase is an all cash transaction with the City paying all closing costs. Additional fund authorization in the amount of $25,000 is requested to cover escrow, closing costs. appraisal, soils testing fees and related inspections. Relocation assistance has been estimated at $150,000. The $800,000 represents an all-inclusive settlement and full payment of just compensation for the acquisition of all property interests. F:\Depts~REDEV~Oldtown\OTACQ~tradingpoststaffreortpsa.doc FISCAL IMPACT: The $975,000 acquisition cost will be funded from the Children's Museum project account (210-190-165-5804). The proposed 2001 Capital Improvement Program contains $1,667,000 for the Children's Museum. Attachments: Resolution Purchase and Sale Agreement F:~epts',REDEV~OldtowmOTACQ~tradingpoststaffreortpsa.d~x; Attachment No. 1 Resolution F:\Depts%REDEV%Oldtown\OTACQ~mdingpoststaffreortpsa,doc RESOLUTION NO. 2000-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 42081 MAIN STREET (APN 922-036-028) IN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Sect. ion 1. The City Council of the City of Temecula hereby finds, determines and declares that: a. On May 24th, 2000 the Seller delivered the City an offer to pumhase the real property described in the purchase and Sale Agreement and Escrow Instructions, attached hereto as Exhibit "A" and made a part hereof (the "Property"). b. On June 27, 2000, the City Counci of the City of Temecula adopted Resolution No. 200~._, "A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COMMUNITY FACILITIES IN THE OLD TOWN AREA (OLD TOWN TRADING POST)" establishing the City's authodty under the Eminent Domain Law to acquire the Property by eminent domain and directing the filing of an eminent domain action to acquire the Property (the "Resolution"). c. Following adoption of the Resolution, City and the property owner negotiated terms by which the City would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the City's acquisition of the Property. d. City intends to use the Property for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other governmental entities for public purposes. Section 2. The City Council hereby approves that certain agreement entitled "Purchase and Sale Agreement and Escrow Instructions" by and between the City of Temecula and Jack and Mary Davis (the "Agreement"). The Mayor is authodzed to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit A. Section 3. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certificatins, as may be necessary or convenient to implement the terms of the Agreement. Section 4. The City clerk shall certify the adoption of this Resolution. F: \Depts\REDEv\Oldtown\OTACQ\tradingpostreso.doc PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on June 27, 2000. ATTEST: Jeffrey E, Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] F:\Depts\REDEV\Oldtown\OTACQ\tradingpostreso,doc STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan W. Jones, Secretary of the City Council, do hereby certify that the foregoing Resolution No. 2000- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of June ,2000, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: Susan W. Jones, CMC City Cle~ Attachments No. 2 Purchase and Sale Agreement F:\Depts~REDEV~Oldtown\OTACQ~tmdingpoststaffreortpsa.doc PURCHASE AND SALE AGREEIVIENT AND ESCROW INSTRUCTIONS fOLD TOWN TRADING POST THIS PURCHASE AND SALE AGREEI~IENT AND ESCROW INSTRUCTIONS (`'Agreement'T is dated and entered into as of June 27, 2000 by and between Jack and Mary Davis (`'Seller'T, and the CITY OF TEMECULA, a municipal corporation (`'City'T, and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instrucfions directed to First Amedcan Title Insurance Company (''Escrow Holder'T. In consideration of the premises operative provisions and the redtals set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. The parties hereto represent to each other that the following facts and purposes are true and correct: a. On May 24, 2000 the Seller delivered City an offer (the "Offer'~ to purchase the real property described in Exhibit "A" attached hereto and made a part hereof (the "Preperty'~. b. On June 27, 2000, the City Council of the City of Temecula adopted Resolution No. 200~._, "A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH COMMUNITY FACILITIES IN THE OLD TOWN AREA (OLD TOWN TRADING POST)" establishing the City's authority under the Eminent Domain Law to acquire the Property by eminent domain and directing the filing of an eminent domain action to acquire the Property (the "Resolution"). c. Following adoption of the Resolution, City and Seller negotiated terms by which the City would acquire the Property so as to avoid eminent domain proceedings and now desire to set forth in this Agreement the terms and conditions of the City's acquisition of the Property. d. City intends to use the Preperty for public purposes allowed by law, including, but not limited to, subsequent conveyance of the Property to other governmental entities for public purposes. e. The parties intend this to be a transaction subject to Internal Revenue Code Section 1033, provided that any tax liabilities arising form the transaction shall be the responsibility of the seller. 2. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to City, and City agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 3. Purchase Price. The purchase price for the Property to be paid by City is the sum of Eight Hundred Thousand Dollars ($800,000.00) (the "Purchase Pdce"), which sum shall be paid in full in cash on the Close of Escrow together with City's share of the closing costs as defined in Section 8. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First Amedcan Title Company ("Title Company'~ a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to City and Seller. City's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy'~. The Policy of title insurance provided for pursuant to this Sectjon shall insure City's fee interest in the Property free and dear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptlons'~: a. The applicable zoning, building and development regulations of any munidpality, county, state or federal jurisdiction affecting the Property; and b. Those non-monetary exceptions approved by City within fifteen (15) business days after the date City receives the title commitment and legible copies of all instruments noted as exceptions therein. If City unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to City (less City's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If City conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non- monetary exceptions are not removed by the Close of Escrow, City may, at City's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less City's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, City's fee title to the Property shall be free and dear of all monetary encumbrances. 5. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder pdor to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to City the Property. The Grant Deed shall be in a form satisfactory to City and City's counsel and shall be accepted by City prior to recording. 6. Authorization to Record Documents and Disburse Funds. a. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (1) Title Company can issue in favor of City the Policy, showing the Property vested in City subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and dear of monetary liens and encumbrances at the Close of Escrow. (2) Escrow Holder shall have received City's notice of approval or satisfaction or waiver of all of the contingencies to Citys obligations hereunder, as provided for in Sectjon 12; and (3) Seller shall have deposited in Escrow the Grant Deed required by Section 5. b. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 7. Escrow. The parties hereby establish an escrow ("Escrow'~ to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement. Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from City and Seller. Close of Escrow shall be the date upon which the Grant Deed to City is delivered and recorded in the Offidal Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all dsk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. 8. Escrow Charaes and Prorations. City shall pay for the cost of the CLTA Owners Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holders customary out-of-pocket expenses for messenger services, long distance telephone, etc. City shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to dose through no fault of either party, City shall pay all Escrow cancellation charges. 9. License to Enter. Seller hereby grants to City and City's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. City shall give Seller reasonable notice before going on the Property. City does hereby indemnify and forever save Seller, Sellers heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not adsing from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with City's inspections or non- permanent improvements involving entrance onto the Property pursuant to this Section. If City fails to acquire the Property due to City's default. this license shall terminate upon the ten'nination of City's right to purchase the Property. In such event, City shall remove or cause to be removed all City's personal property, radiities, tools and equipment from the Property. 10. Warranties and RepresentatiOns of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. That (i) on the Close of Escrow the Property shall be free and dear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no nofjce of any pending or threatened actjon or proceeding arising out of the condition of the Property or alleged violation of environmental. health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to City, Seller shall indemnify, protect, defend and hold harmless City from and against any and all claims. liabilities, suits, losses. costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injudes to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any govemmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property. or dghts of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered pdor to the Close of Escrow. c. Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to City, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. d. There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, adsing from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, dghts or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. f. Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. Full Payment of All Oblic~ations of Citv. It is understood and agreed between Seller and City that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller adsing out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, experfs fees, pre*condemnation damages, inverse condemnation, owner partidpation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of Califomia (Sectjon 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that City has advised Seller of the possible availability of such relocation assistance dghts to Seller and that the waiver of all rights by Seller herein set forth are free and voluntary. 12. Ci~,'s Continaencies. a. For the beneffi of City, the Closing of Escrow and the City's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or City's wdtten waiver thereof, it being agreed that City can waive any or all such contingendes) on or before the Close of Escrow: (1) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (2) The delivery of all documents pursuant to Section 5. hereof. (3) Title Company's commitment to issue in favor of City of a CLTA Standard Coverage Owners Policy of Title Insurance with liability equal to the Purchase Pdce showing City's fee interest in the Property subject only to the Permitted Title Exceptions. (4) City's approval prior to the Close of Escrow of any environmental site assessment, soils or geologicel reports, or other physical inspections of the Property or the underlying real property that City might perform pdor to the Close of Escrow. (5) Close of Escrow occur on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. b. In the event one or more of the contingendes occurs, the City shall be entitled to terminate this Agreement without being in breach or default under the Agreement, in accordance with the procedures set forth in Section 14 of this Agreement. Seller further agrees that in the event of the occurrence of any such contingencies and termination of this Agreement by City, it will suffer no damages resulting from the termination or City's enactment of the Resolution and that City shall have no liability to Seller whatsoever for such actions, except for payment of its share of escrow cancellation fees. 13. Certification of Non-Foreian Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, pdor to the Close of Escrow. 14. Default. Except as otherwise provided in this Agreement, in the event of a breach or default under this Agreement by either City or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the dght to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non-defaulting party, City shall thereupon promptly receive a refund of all pdor deposits, if any. Such termination of the Escrow by a non- defaulting party shall be without prejudice to the non-defaulting partys dghts and remedies at law or equity. 15. Notices. All notices and demands shall be given in wdting by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the eadier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in wdting of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: city: City of Temecula 43200 Business Park Ddve Temecula, California 92590 Attn: City Manager COPY TO: Richards, Watson & Gershon 333 So. Hope St., 38th FIr. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: Jack and Mary Davis 42896 Santa Suzanne Place Temecula, CA 92592 ESCROW HOLDER First Amedcan Title Company 3625 Fourteenth Street Riverside, CA 92502 Attn: Escrow No. 16. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may adse as a result of Seller's actions with respect to the Property. City shall not be liable for any such fees or claims and Seller shall indemnify City, its officers. employees and agents, from any and all costs, liabilities or judgments, including attomeys' fees, incurred in defending or paying any such claims. 17. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 18. Amendments. Any amendments to this Agreement shall be effective only when duly executed by City and Seller and deposited with Escrow Holder. 19. i~liscellaneous. a. Aol31icable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire AGreement. This Agreement supersedes any pdor agreement, oral or written, and together with the Exhibits herato and any agreements delivered pursuant hereto, contains the entire agreement between City and Seller on the subject matter hereof. No subsequent agreement, representation or premise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and City acknowledge that no person has made, any representation, warranty, guaranty or premise except as set forth herein; and no agreement, statement, representation or premise made by any such person which is not contained herein shall be valid or binding on Seller or City. c. Successors and Assians. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow cempany's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the spedtic provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or othenNise. The election of any one or more remedies shall not constitute a waiver of the dght to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number inrJudes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or assodation wherever the context so requires. The captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, censtrucljon or meaning of the provisions of this Agreement. g. Seller Consultations. Seller has reviewed the terms of the sale of its property to the City and the effects of such sale with its legal counsel, tax consultant, and real estate advisor. Seller warrants and represents to the City that except for the terms of this Agreement and the recitals set forth herein, Seller has not relied on any statements, opinions, or other comments of the City, its officers, employees, attorneys, consultants or agents and has independently reviewed and verified such facts, tax consequences, and other matters as may be important to Seller in connection with this transaction. Seller acknowledges and agrees that in the event such matters turn out differently than Seller anticipates at this time, Seller shall assume all responsibility and liability for such matters and shall have no recourse against the City for such changes. h. City Manaaer Authority. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 20. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or cenditjons of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 2~1. Assianment. City may assign its dghts under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve City of any of its obligations under this Agreement. 22. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 9, 10, 11 and 16 hereof, and City and Seller release Escrow Holder from liability or obligation as to Section 9, 10, 11 and 16 hereof. ///// IIIII IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first wdtten above. SELLER CITY OF TEi~IECULA, a municipal corporation: Jack and Mary Davis Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORl~l: Peter M. Thorson City Attorney EXHIBIT "A" Legal Description of the Property 42049 Main Street Temecula, Califomia Lot 4 Block 27 Town of Temecula Type: MB Book 015, Page 726, Lot 4 APN: 922-036-020 9 8TIEM 21 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINA~ CITY MANAGER CITY OFTEMECULA AGENDA REPORT o the City Manager June 27, 2000 Resolution of Support for Needle Cricothyroidotomy PREPARED BY: Aaron Adams, Management Analyst RECOi~liVIENDATION: That the City Council consider adopting the following resolution: RESOLUTION i~O. O0- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEB/IECULA SUPPORTING FIELD PARAi~IEDICS USE OF NEEDLE CRICOTHYROIDOTOMY WITH JET INSUFFLATION PROCEDURE BACKGROUND: At the request of Mayor Stone, the attached resolution of support has been brought forward for consideration. The State of California recognizes this procedure within the paramedic basic scope of practice. It is currently being used in 75% of local Emergency Medical Services Agencies. This skill is taught in paramedic training institutions as part of standard airway treatment. Supporting this resolution will demonstrate to the County EMS agency that the City of Temecula supports any procedure that can potentially save lives. FISCAL II~IPACT: Unknown at this time. If approval, there will be future on-going training costs associated with this procedure. Attachment: Resolution 00- RESOLUTION NO. 00- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TENtECULA SUPPORTING FIELD PARANiEDICS USE OF NEEDLE CRICOTHYROIDOTOit/iY WITH JET INSUFFLATION PROCEDURE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, this skill is recognized by the State of California as a paramedic basic scope of practice skill; and WHEREAS, this skill is taught in paramedic training institutions as part of standard airway treatment; and WHEREAS, this skill is currently being used in 75% of local Emergency Medical Services Agencies; and WHEREAS, the City of Temecula appeals to the Emergency Medical Services (EMS) for the County of Riverside to authorize this procedure; and WHEREAS, this procedure is considered to be in the best interest of the health, safety, and welfare of our citizens, as a plausible alternative where mechanical or physical means of clearing an obstructed airway are unsuccessful. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of June 2000. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC CityClerk [SEAL] Resos\99-88 I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 00- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of June, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\99-88 2 BTFEM 22 CITY MANAGER CITY OF TEiffiECULA AGENDA REPORT TO: FRO~: DATE: City ManagedCity Council ~,L~usanW. Jones ity Cler~Directorof Suppod Services June 27, 2000 SUBJECT: Planning Commission Appointments (Continued from the meeting of June 13, 2000.) PREPARED BY: Cheryl Domenoe, Administrative Secretary RECObt~ENDATION: Appoint two applicants to serve on the Planning Commission for full three-year terms through June 4, 2003. BACKGROUND: The terms of Commissioner Guerriero and Commissioner Fahey expired on June 4, 2000. The City Clerk's office has followed the Council's established procedure for filling a Commission vacancy by advertising the opening in two different local publications. When the deadline was reached for receiving applications, the applications were forwarded to the subcommittee comprised of Mayor Stone and Councilmember Naggar for review and recommendation. It should be noted that an application received from Danilo Cabrera was not eligible for consideration due to him not living within the city limits. Mayor Stone recommended the appointment of Maryann Edwards and the reappointment of Ron Guerriero. Councilmember Naggar recommended the appointment of Carl Ross and Darrell Connerton. These terms are through June 4, 2003. Attached are copies of the applications that were received by the filing deadline of May 23, 2000. ATTACHi~IENTS: Seven (7) Copies of Applications for Appointment. (An eighth application was received which was not eligible as noted above.) Agenda Reports/Appointment Planning Commission CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION PO~:04 IN I Check one: Qualification Requirement: Resident of the City of Temecula. ,','~1 Planning Commission __ Community Services Commission __ Public/Traffic Safety Commission NAME: D~N/5 ADDRESS:~-~'/ HOME PHONE: YEARS RESIDENT OF TEMECULA r<S -- OCCUPATION: EMPLOYER NAME: 72"/"'c~ ~ ~,,,~::~,~:)(.,Z.P EMPLOYER ADDRESS:2''7'-~'5'''5'' /v/''A/g7--''' "~:"Z:)'~""~z~27 T,~'~"/'/'2~E-/~"'.,/~'2 ~,'2~::~'~"f/Z EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE' ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional 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. SIGNATUR Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 DATE: OR Comrnfssions~Application for various Commissions DENNIS W. CHINIAEFF 29321 Via None Temecula, California 92591 909-695-3270 dwc2~ix.netcom.com May 22, 2000 Dear Members of the Temecula City Council, My name is Dennis Chiniaeff and I am an 18 year resident of Meadowview. I have decided, once again, to be allowed to serve my community as a member of the City of Temecula Planning Commission. As some you are aware, 1 served as the first chairman of the planning commission when it was fonned. After serving approximately 3 years I stepped down due to the conflicts I saw that could arise due to my employment with Kemper. That work has been completed and for the past 3+ years I have been trying to be re-appointed to this position. My background in the area, my education and professional experience over the past 30 years make me, I believe, highly qualified for this position. I served on the review committee for many of the key management personnel in the Community Development Deparlment. I have been a Planning Director of other cities. I hold a Masters Degree in Urban Planning (my Masters project was on Growth Control!). I have been working in the governmental arena on both sides of the counter for my entire career. As some of the now sitting members of the Council have stated, I believe I am one of the most qualified individuals in the City for this position and I respectfully request the Council allow me to use my skills in the service of my community. Thank you for your consideration. Sincerely_ DENNIS W. CHINIAEFF, AICP The DC Group 27555 Ynez Road, Suite 407 Temecula, California 92591 909.693.9066 Fax 909.694.0749 lnternet Address: dwc2@ix.netcom.com Residence 29321 Via Notre Temecu/a, California 92591 909.695.3270 Education: Masters Degree in Urban Planning Cal Poly University, Pomona, California Bachelor of Arts, History/Social Science University of California, Santa Barbara, California Additional Courses: Cal Poly University, San Luis Obispo, California - Architecture University of Arizona, Tucson, Arizona - Architecture Stanford University, Palo Alto, California - Finance Professional Experience: THE DC GROUP, Temeoula, California Principal Founded in 1992, The DC Group provides large-scale development planning and master planning, governmental relations, planning entit]ements, and construction management services to the development community and allied interests. Engagements include commercial development, Reginnal Mall facilities consulting, industrial and residential land development, construclion management for recreational, gaming and industrial park development and build-to-suit projects, asset management, engineering market studies, large scale planned residential, golf course development and management~ economic feasibility analysis and general development consulting. Advising government and Native American Tribes in the development of their assets in support of Indian Gaming operations. Conceptualizing and negotiating solutions to complex development related issues with all levels of government and ' interests, including environmental groups. A partial client listing includes ZKS Real Estate Panners, Kemper National Insurance Companies, Lumbermens Insurance, Pechanga Development Corporation, Forest City Development Corporation, Tribal Council - Pechanga Band of Luiseno Mission Indians, D1VCo Development, Forest City Development, Pascoe Development, Rancon Financial, The Gas Company, PACWEST Development, RBF Engineering, Dartmouth Development Company and American Industrial Manufacturing Services. KEMPER REAL ESTATE MANAGEMENT COMPANY, Temecula, California Senior Vice PresidentXGeneral Manager 1993-- 1995 Responsible for the overall operation of Kemper's $150 million assets in Temecula, Menifee, ]rvine, San Juan Capistrano, and Thousand Oaks. Managed the planning, development, and disposition of commercial, industrial, residential and rec-ag assets Iotaling almost 23,000 acres. Point person for governmental relations with federal, state and local agencies. Handled planning and governmental enfitlements for Kemper's holdings. DENNIS W. CH1NIAEFF Page 2 Responsible for assessment district and governmental financing including coordinating the Company's involvement in two of the largest assessment districts in the State of California. Develop sVrategies for disposition of Kemper's assets in area with annual sales over $50 Million. Some of the larger Kemper assets included: Paloma del Sol - 5000 unit planned community 7300 acre Vail Lake property including recreational assets. Palm Plaza, a 450,000 sq. t~. shopping center. Temeku Golf Course and 1500 unit planned community. Santa Rosa Plateau, a 1500 acre, environmentally sensitive property which was sold to federal, state and local agencies as a nature preserve. Winchester Regional Shopping Center, 200 acres planned and entitled for a regional center in the City of Temecula. Walker Basin 1300 unit residential golf community. Developed and sold residential lots to residential merchant builders including Centex Homes, Mesa Homes, Fieldstone, Richmond American and Newland Capital. Sale of Kemper Insurance Company to Zurich Insurance in January 1996 and their desire to move out of the real estate market led to the shut down of the Temecula operation. RANCON REALTY FUNDS / PAMCO, Temecula, California Vice President - Commercial and Residential Development 1990-1992 Responsible for land planning, entitlements, installation of infrastructure and vertical construction activities of over $400 million in assets, including the development of Rancon Business Center - a 590 acre mixed use development; Rancon Center Otay Mesa - a 240 acre proposed mixed use property; Pen-is 83 - a proposed mixed use properly; Pen'is 23 - a proposed commercial project; Perris 17 - a commercial development; Lake Elsinore Square retail center; Menifee Ranch - a 1,300 acre planned development; Rancon Corporate Center - a business park and was involved in the construction of 140,000 square feet of industrial space. GRIFFIN HOMES, Southern Region, Temecula, California Vice President and Regional Manager 1987 - 1990 Responsible for projects totaling 2,600 units in Southwest Riverside County, Westem San Bemardino, Orange and San Diego counties. This included land acquisition, forward planning, governmental processing, engineering, marketing, construction, customer service and product development for the region. Constructed over 400 units with a value exceeding $60,000.000. KAISER DEVELOPMENT COMPANY/BEDFORD PROPERTIES, Temecula. California Vice President, Land Development/Planning & Engineering 1983 - 1987 Responsible for all long and short range planning activities as well as all engineering coordination for Kaiser Aluminum's 97,500 acre Rancho California Planned Community. Activities included residential, commercial and iodustrial planning and development as well as large scale land development and sales. Responsible for all ~oovernmental relations. Obtained emitlements for over 9.000 units including a 1,300 unit golf course development, DENNIS W. CHINIAEFF Page 3 1,200 acre residential PUD and a 1,300 acre mixed use specific plan. Redesigned and constructed the Rancho California Business Park, Upon acquisition of Rancho California by Bedford Properties, was responsible for master-planned business park and land development activities preparation of merchant builder product. Supported land sales efforts. AMERICAN NATIONAL HOUSING/BARRATT HOMES, lrvine, California Vice President, Planning & Engineering 1979-1983 Responsible for all planning, engineering, governmental relations and consultant activities for home building and company operations in Orange, Riverside, San Bernardino and northern San Diego counties: Responsible for all forward planning and project development for 3,500 single and multi-family residential units. Coordinated governmental relations. CITY OF CH1NO, Chino California Director of Community Development & Redevelopment Agency Executive Director 1977-1979 Responsible for all Planning and Building Department activities for City as well as the operation of the Chino Redevelopment Agency activities for one of the fastest growing cities in southern California. Activities included redevelopment of downtown area with Civic Center, library and shopping center. Directed staff of 17 with a budget exceeding $5 million annually. CITY OF SCOTTS VALLEY, Sco~s Valley, California Planning Director 1976-1977 Responsible for all planning activities for this Northern California community. Reported to the City Manager and City Council. CITY OF CHINO, Chino, California City Planner 1971 - 1976 Responsible for aIl planning activities for City, including current and advanced planning. Made presentations to Planning Commission, City Council and other Governmental agencies. Reported to Director of Community Development. UNITED STATES NAVY, Saigon, Vietnam 1969-- 1970 Under Commander Naval Forces, Vietnam. was artached to a US Army Advisory team training Viemamese military personnel during the Vietnamization program. DENNIS W. CHINIAEFF Page 4 Affiliations: American Institute of Certified Planners (AICP), full member National Association of Home Builders California Building Industry Association, Life Director Riverside County Building lndustry Association, Life Director Past President, Pacific Coast Builder's Conference California Building Industry Foundation, Past Trustee City of Temecula Planning Commission, former member and first chairman Southwest Riverside County Community Plan Committee, Vice Chairman American Planning Association Riverside County Flood Control District Advisory Committee Boy's & Girl's Club of the Temecula Valley, President Emeritius Temecula/Murrieta Group Rotary Club of Temecula, Paul Harris Fellow - 1999 Rotarian of the Year Past President, 1976 unit Paloma del Sol Homeowner's Association Economic Development Corporation of Temecula Valley, past Board Member Temecula Community Recreation Center Foundation, past Board Member o' IN Check one: 05-23-00 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION Qualification Requirement: Resident of the City of Temecula. J V/ Planning Commission __ Community .Services Commission __ Public/Traffic Safety Commission NAME: ADDRESS: HOME PHONE: OCCUPATION: EMPLOYER NAME: EMPLOYER ADDRESS: rOE P,,CDR~, }-~ C7, F4 R~S'T'F_,,,h,L~/"~ YEARS RESIDENT OF TEMECULA 32,255 COt2_,TE 'T LLOP_A ClC-JC:/- 302-'7-~52 WORK PHONE: E, NV'IP-,Ot, JMF__,~TAL PLA-WN~'P--- TEMECLLLA VALLE.'-/ /,5~B- TEFACN-(P-- EDUCATIONAL BACKGROUND/DEGREES: ,b,A. L II~E'I2,AL_ Fo5 LL,e,6A~ g p,,F_,GIOr,-3AL, LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Profes_s. ional, tech_nical, comm_.Unity, service): NONE BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): :~EE: AT TAG N E: :D, 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: ,FZ:Z,/,~,O"2Zj'/(/~/21~,,1~,/~--,~/L2 DATE: Return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 O.,_BR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commiss~ons~Application for various Commissions Deborah 3. Christensen Phor}e (909) 302-7332 32255 Carte ]llora Temecula, California 92592 City of Temeculo Application for Appointment to Planning Commission BRZEFLY STATE WHY YOU M/TSH TO SERVE ON TFE5 CO~N~l:SS]:ON; AND WHY YOU BELIEVE YOU ARE QUALI:FTED FOR THE POSZT]:ON, BE 5PECZFZC. I wish to serve on the Planning Commission because I care about the development of Temecula. T take pride in being a resident of this distinguished community and feel that my background con be used as o valuable asset. ]: want to be involved in the future development and economic prosperity of Temecula. l feel I am qualified for this position because of my experience and college background. understand the legalities and importance of the effective planning of a young and growing city. have two years of comprehensive research and experience in conducting Environmental Trapact Reports and Environmental Trapact 5totemants (ETR/E:/5). My enthusiasm, love for Temecula and my professional integrity and background can only benefit the Planning Commission, F· ~'?~',~""'~'j?~A~'/'~:'~'~''''~';~'?:~;~':''';'~'~:,'~'~:~'''' Qualification Requirement: Resident of ~e Ci~ of Temecula. E~PLOY~R NA~E DL ; C CONSULTING~'&;'CONSTRU.CTIO~N E~PLOYERADDRESS: ,31618 :Corte Ros~a~i.o High School, Trade Sch'ool~~'- Ass'o~'ia~ted wi~h'C0ns~ruct~on LISI ~NY RIVERSIDE COUN~ OR OYHER'Ci~ B6ARD, :COffi~I~EE ,~'ON ;reiCH YOU HAVESERVED AND THE 'Y~R(S)~O~ '~','~7~',' ":';~-~'Z?:~;.~:"'s: ,7~:~';'- ,~ ';~ =OR~TIONS Tq .~ICHYOU BELONG; (Pm~jqna!, ~hqical, BELIEVE YOU ARE QUALIFIED FOR'THE POSfflON..BE SPECIFIC ,-';'~:';~l"dem~nd ~h.~' ' ~;~t .i! ~nf~aUOn:~n- ~lease of ~his inf ~on ~or. lic info ~i 'pum. , ...: · ., . .,:. . ':; um to: '~ leffi~ ~ce; 43200 BusineB Paffi ~ail ~: P.O. Bo~ 90~; TemeCula, Ca. 92~9-90~ . .- ..... ..-.. . I wish to serve on the Planning Commission to help continue the direction and quality of growth this great City has experienced in the past 10 years. I feel I am qualified because I am a second generation construction person, who has built or has managed construction projects in resi- dential, commercial, industrial and office building types. I have been involved in many aspects of governmental agencies during the processing of new construction, rehabilitation of buildings which includes historical types of buildings. I am a Consultant in the construction industry for construction defectlitigation support and have served as an expert witness in over 200 cases involing residential, office and commercial types of construction representing over #350,000,000 in claims. Check one: 05-18-00 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION p03;O? !'~ Qualification Requirement: Resident of the City of Temecula. X Planning Commission __ Community Services Commission J Public/Traffic Safety Commission NAME: Edward L. Dool ADDRESS: 3OOEORaneho C..al~fnrnla YEARS RESIDENT OF TEMECULA HOME PHONE: (909) 694-3464 WORK PHONE: (909) 694-Q292 OCCUPATION: Transportation & Development EMPLOYER NAME: Temecula Stage Stop / Transportation ~cntcr EMPLOYER ADDRESS: 28464 Old Town Front g~r~p~, m~m~nnl~ EDUCATIONALBACKGROUND/DEGREES: Vietnam Veteran 1963-69, High School Graduate, Torrance Police Reserve Officer - 8 ~4~' Artended classes at E1Camino College in Business and Law - Enforcement. also in computer inventory systems and networking. LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVEDAND THE YEAR(S) OF SERVICE: City of Wilmington, CA - Vice Mayor- ~e~r City of Wilmington Industrial Park - Board of Commisions - 5 Years ORGANIZATIONS TO WHICH YOU BELONG:(Professional, technical, community, service): Board of Directors - Temecula Town Association - 2 Years Temecula Chamber of Commerce member Board of Directors - Old Town Merchants Association - 5 Years BRIEFLY STATE WHYYOU WISHTO SERVE ONTHIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIEDFOR THE POSITION. BE SPECIFIC(Useadditionalpaper~necessa~): See attachment. 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. DATE: S - \% Return/o: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions~Application for various Commissions CANDIDATE STATEMENT - Ed Dool As a long time resident of Temecula, and a person that cares about development and traffic, I feel very strongly that I would be the best candidate for the Temecula Planning Commission. I believe my experience as a developer of an industrial park in Wilmington (CA) and as developer of a transit center in Old Town Temecula would be of value to the city. I worked closely with the city on the Temecula Stage Stop transit center, which also served as a demonstration project for the streetscaping that was recently completed in Old Town. As an owner/builder, I have a lot personal experience dealing with the City's planning and building departments. Having been on the "other side", I think the community would benefit from my experience as a developer, my commitment to keeping our standards high, and my many years in the transportation industry and understanding of traffic issues. Qualifications: l) 2) 3) 4) 5) 6) 7) An Owner/Developer in Old Town Test Case for the Old Town Streetscape Project Been through the City's system / know how it operates. 30 Years in the Automotive/Transportation Business Attend the City Council meetings regularly / familiar with current issues Know the City well - North, South, East & West Good Communication Skills 05-23-00 CITY OF TEMECULA APPLICATION FOR APPOINTII/tENT TO COMMISSION p03:33 Qualification Requirement: Check one: {/""'Planning Commission Resident of ihe City of Temecula. Community Services Commission Public/Traffic Safety Commission NAME: ~ YEARS RESIDENT OF TEEVlECULA ES HOME PHONE: EMPLOYER NA~E: WORK PHONE: EMPLOYERADDRESS: ~N LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this infoJ: tion for public information purposes. SIG'NAT/UL~Rr~ , DATE: '~"'~S '~--3 Return to: City Clerk's 3200 siness Park Drive (909) 694-6444 O.~R Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions~Appljcation for various Commissions Maryann Edwards 42913 Calle Londe Temecula, California (909) 302-540 (909) 302-3972fax Or~taniza~ons and AITdiations . Commissioner, City of Temecula Public/Traffic Safely Commission (current) Appointee, Riverside County Children and Families First Comnussion, Advisoq¢ CommAnee (current) Safe Alternatives For Everyone (SAFE), Board of Directors (raising funds for a banered women's shelter in Southwest Riverside County in conjunction with ,'liternatives to Domestic Violence) (current) City of Temecula Good Neighbor of the Year 1999 (runner up) City of Temecula Good Neighbor of the Year 1998 (runner up) Old Town Temecula Advisory Comnuttee (199~'-1999j Arts Council of the Temecula Valley, Board of Directors (current) Temecula Valley Film Festival, Event Chainnan (current) Temecala Chamber of Commerce, Member (current) Mumeta Chamber of Commerce, Member (current} Lake Elsinore Chamber of Commerce, Member (current) KidzVoien (establishing a children's museum) (current) Sunday in the Park Cochairman parmering with City ofTemecula CSD (educaaonal/arts programs for children) (current) PEO (philanthropic educational organization) (current) Temecula Valley Republican Women's Federated (current) Temecula Middle School PTSA (1992-1998) Temecula Valley High School PTSA (1995-current) Mayor's Technology Task Force (1997-1998) Assistance League~ of Temecula Valley (Operation School Bell, Project: SMILE) (1993-current) President, ALTV (1997-1998) Yes on C Committee (building dr maintabling o~tr par]~ system ~ measure passed by 76%) (1997) Director of Market Development, Temecula Valley Economic Development Corporation (1996-1997) City of Temecula Marketing Committee (1996-1997) Southwest Riverside County Manufacturer's Council, TVEDC Liaison/Member (1996-1997) Temecula Education Apprenticeship Model (TEAM) (corporate/TFUSD cooperative mentoring program) (1996-1997) Rancho-Temecula Area Woman's Club Home Tour (1997) Rencho Temecula Optimist Club Golf Tournament Committee (1995-1997) Sparkman Elementary PTA, Board of Directors and Newsletter Editor (1991-]996) Temecula Valley Soccer League, Team Mom (1994-1996) Teanecula Middle School 8th Grade Graduation Chairman (1995) Temecula Valley Little League (1993-1995) Maryann Edwards 42913 Calle Londe Temecula, California 92592 (909) 699-2332 TEMECULA, CALIFORNIA PLANNING COMMISSION APPLICATION ADDENDUM BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION: I love this city. Since moving to Temecula in 1990, I have donated a great deal of time to community service. I feel strongly, the best way to ensure Temecula's quality of life is through participation in community activities, city planning, growth, and development. As a Temecula Public Traffic/Safety Commissioner, I have seen firsthand the impact that planning has on our ability to mitigate traffic and provide the quality of life that Temecula's residents enjoy. The newly adopted Growth Management Plan provides strong guidelines and a framework to ensure that growth does not outpace services and/or infrastructure. This plan is a critical key in Temecula's growth component and should be carefully adhered to. I would use my experience as a ten-year resident and traffic/safety commissioner in making the best decisions possible regarding Temecula's future planning and development. RECEIVED MAY - 4 2880 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION p * ". Qu li~cation Requir ! esmd ...... ~ .... .e. men. :.. R 'ene of ehe CRy of Temecula. Check one: X PLanning Commission Community Services Commission __ Public/Traffic Safety Commission NAME: RON GUERRIERO YEARS RESIDENT OF TEMECULA 12 + ADDRESS: 41510 Chenin Blanc 92591 HOME PHONE: 676-6150 WORK PHONE: 695-6390 OCCUPATION: Self employed - Environmental Health & Safety Consultant EMPLOYER NAME: Hazardous Emergency Action TraininR (HEAT) EMPLOYER ADDRESS: 41510 Chenin Blanc 92591 ( Licensed in Temecula) BA Crminal Justice Admin. & Sociology California Real Estate License Certified California Instructor in Hazardous Materials LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED ANDTHEYEAR(S) OF SERVICE: City of Temecula Traffic & Public Safety Commission - 8 years. City of Temecula Planning Commission 2 years. Recently appointed to Riverside County Substance Abuse Committee. Served on two joint traffic planning committee's with Murrieta. O~NIZATI S TO WHI ~OU BEL NG;(Professional, technical, community, service): rzcanO~czety ~HSazety ~ng~neers, Police Officers Research Assoc. Board of Directors Temecula Valley Balloon & Wine. Past Board member Temecula Town Assoc. TVUSD Drug/Alcohol Comm. Past president TVHS Bearbackers & member for 12 yrs. BRIEFLY STATE WHY YOU WISHTO SERVE ON THIS COMMISSION, AND WHY YOU BEUEVE YOU ARE QUALIFIED FORTHE POSITION. BE SPECIFIC(Useadd~ionalpaper~necessa~): Please see attached letter. 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: /~~-~,g~--' DATE: 5/4 / 00 / Return to: City Clerk's Office, 43200 Business Park Drive {909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, Ca. 92589-9033 Commissions~Application for various Commissions Application For Appointment To Planning Commission Ron Guerriero I believe I am the most qualified candidate for the Planning Commissioner position based on the following facts: I am an inaugural member of the city's commission and committee process having been appointed to the Traffic and Transportation Commission in 1990, and serving for 8 years. In that capacity I served as Chairman and Vice Chairman, conducted numerous ad hoc committees addressing citizen's concerns, served on several joint traffic planning committee's between Temecula and Murrieta, Suggested, helped develop and implemented the first Public Safety Expo for our city. I attended many workshops and training sessions while a commissioner to hence my decision making skills. This additional training strengthened my background in law enforcement and traffic safety. I also helped develop the city's first traffic calming policy. In 1998 1 was honored with an appointment to the Planning Commission, and currently serve as chairman. In this capacity I was involved with the Mall development process, several residential and multi-family projects, our circulation update committee, and several community ad hoc committees. I have attended several planning conferences and a planning convention, to gain as much planning information as possible, in order to make decisions that best serve our community. I am dedicated to serving our community, and have done so by participation in many community special events, and also through my appointment to the Riverside County Substance Abuse Committee. I humbly request the opportunity to be of continued service. Through your guidance and with commission input, we have developed a city envied by many. Some city's can only dream of becoming what Temecula is. I would be honored to be allowed to continue in that development and our future. Respectfully Submitted, Ron Guerriero Planning Commission Chairman Check one: X Qualification Requirement: Resident ofthe City of Temecula . Planning Commission __ Community Services Commission __ PublicFFraffic Safety Commission NAME: CARL ROSS YEARS RESIDENT OF TEMECULA ADDRESS: 43886 BUTTERNUT DR. 92592 5 HOME PHONE: 676-9575 WORK PHONE: NONE OCCUPATION: RETHiED EMPLOYER NAME: EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: TRAENED AS A MILITARY PILOT INCLUDING FLIG]{7 AND GROUND SAFETY. RECEIVED A BACHELORS DEGREE FROM THE UNFCERSITY OF NEBRASKA AND A MASTERS DEGREE FROM CENTRAL MICHIGAN UNIVERSITY. BOTH DEGREES WERE BUSINESS AND MANAGEMENT RELATED. LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMM]YFTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: OLD TOWN REVIEW BOARD - ONE YEAR. ORGANiZATiONS TO WHICH YOU BELONG:(Professional, technical, community, service): Retired Officers Association, VFW, BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND ~ YOU BELIEVE YOU ARE QUALHTIED FOR THE POSFF1ON. BE SPECIYIC. (Use additional paper if necessary): i want to serve the community in the most responsible position for which l am qualified. i have volunteered for several commission positions since moving to Temeeula. Currently on the Old Town Review Board and an alternate on the Old Town Theater Advisory Committee. Sinee i am totally retired, I have the time to serve in a more demanding capacity. My qualifications include 24 years in the military in which I held responsible command and staff positions. These positions included planning organizational force structures (the makeup of men and material to fight varying types of combat), identifying military needs for future military hardware and writing these requirements into documents that civilian industry used to develop the hardware. (See continuation sheet, attached) I understand that any or all information on this form may be verified. i consent to the release of this information for public information purposes. SIGNATURE: Return to: City Clerk's Office, 4320OBusiness Park Drive (909) 694-6444 OR Mail to" P.O. Box 9033, Temecula, Ca. 92589-9033 CommissionsXApplieation for various Commissions C1TY OF ~FEMECULA APPLICATION FOR APPOINTMENT TO COMMISSION (CONTINUATION) PLANNRNG COMMISSION CARL ROSS ~ also planned one and five-year budgets for large organizations, supervised airfield operations, which included obtaining over-flight rights from civilian landowners. ~ was routinely involved throughout these 24 years with solving personnel problems in various types of organizations. Additional qualifications include 14 years in the aerospace industry. ] held numerous positions within the finance structure of Hughes and TRW. I prepared labor rates, participated in strategic planning, supervised the preparation of cost proposals and negotiated with other companies and the US Government. l retired as the Division Manager of Pricing. In running for City Council in the fall of 1999, ~ researched all aspects of Temecula City Government. ] understand the General Plan and support the current Growth Management Plan instituted by the Council. ~ am totally in sync with the City Council regarding residential growth. I believecompromise and consensus should govern City planning. ~ will fulfill my duties with vigor and honesty, making decisions based on merit and the rules governing cases brought before the commission. Thank you very much for considering me for this position. CITY MANAGER TO: FROI~I: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Susan W. Jones City Clerk/Director of Support Services June 27, 2000 Ordinance Amending City Commission Appointments RECOiUliiENDATION: Introduce and read by title only an ordinance entitled: ORDINANCENO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEbIECULA, AllENDING SECTION NO. 2.40.050 OF THE TEi~/1ECULA liUNICIPAL CODE PERTAINING TO APPOINTI~/IENT OF CITY CO~I~IISSIONERS BACKGROUND: At the request of Mayor Stone and Mayor Pro Tem Comerchero, this item has been placed on the City Council agenda. Due to the need of the City to maintain five-member commissions, and the difficulty in making appointments by a 4/5ths majority vote, it has been proposed to change the ordinance allowing appointments to be made with a simple majority vote (3/5ths). This decision is a policy decision that can be determined by the City Council. The role of the Community Service, Planning, and the Public/Traffic Safety Commission is critical to the ultimate success of projects that are built in the Temecula. A five-member commission is necessary to the proper functioning of a commission. ATTACHB/iENTS: Ordinance No. 2000- Agenda Reports/Amending Commission Appts. ~ ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AiIflENDING SECTION NO. 2.40.050 OF THE TEMECULA B/IUNICIPAL CODE PERTAINING TO APPOINTi~iENT OF CITY COMbIISSIONERS THE CITY COUNCIL OF THE CITY OF TEIViECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section I. Findings. The City Council of the City of Temecula hereby finds the following: A. That there is a need to amend Section 2.40.050 regarding the appointment of City Commissioners, B. The City has the need to maintain five-member Commissions, and is at times unable to make a four-fifths majority appointment. C. A simple majority appointment is acceptable under the law and is at the discretion of the City Council. Section 2. Section 2.40.050 of the Temecula Municipal Code is hereby amended to read: "Members of each commission shall be nominated by an ad hoc committee of two council members subject to the approval of a majority of the city council. A majority of the council may remove an appointee for good cause. The chairperson and vice-chairperson of each commission shall be selected by a majority of the membership of that commission." Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall cedify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED AND ADOPTED this 1 lth day of July, 2000. A'H'EST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk R:Ords Apt. Policy for Commissioners 2 [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby cerdfy that the foregoing Ordinance No. 2000- was dully introduced and placed upon its first reading at a regular meeting of the City Council on the 27th day of June, 2000 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 11 t. day of July, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:Ords Apt. Policy for Commissioners 3 APPROVAL TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council Jim Domenoe, Chief of Poli~~'2 June 27, 2000 Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during May of 2000. The Police Department responded to thirty-seven "priority one" calls for service dudng the month of February, with an average response time of approximately 8.3 minutes. A total of 1,321 calls for police service were generated in the City of Temecula during the month (up from 1100 last month). During the month of May, the Temecula Police Department's storefront served a total of 346 customers. The number of citizens utilizing this facility is remaining fairly steady. Fingerprinting services for this month increased slightly to 104 prints taken, fifteen people filed police reports, twenty-nine people had citations signed off, seven recreation vehicle permits and five solicitor's permits were issued. Crime Prevention Officer Lynn Fanene participated in a number of special events and community oriented programs during the month. Officer Fanene conducted nine residential security visits and twenty-one business security visits dudng the month. He conducted a security inspection during the "Taste of the Wodd" special event that occurred at the Tower Plaza along with sixteen visits to businesses for crime follow up. Fanene also conducted a presentation on personal security to twenty-five female employees from FFF Enterprises. Officer Fanene completed his article for the June edition of the Valley Business Journal called "Security Considerations for Parking Facilities." The POP Team of Officers Matt Hughes and Earl Quinata continued to work on the "Crime Free Multi Housing" project. The officers are still working with two more apartment complexes to bring them up to certification. They are also in the process of working to re-certify four complexes who are continuing with the program. Another program conducted this month included the proactive vehicle enforcement program focusing on school site parking violations. As a result of this program, sixteen citations were issued. This month also saw the Old Town Storefront become operational. An open house was held on May 3, 2000 with the Mayor, members of the city council, city officials, local media and other guests in attendance. Monthly Departmental Report - May 2000 Page 2 On May 19, the POP and traffic teams conducted the monthly Operation ERACIT DUI program. This month a stationary checkpoint was used. This operation resulted in the arrest of five persons for DUI. Dudng this month the extra duty Neighborhood Enforcement Program was initiated in the area of Via Cordoba due to traffic concerns. As a result of this program, twenty-five citations were issued (down 50% from when the program first started). For the month of May 354 citations were issued for hazardous violations (up from 281 last month), 128 citations were issued for non hazardous violations, 103 parking citations were issued, twelve injury collisions, forty non-injury collisions were reported and thirty two drivers were arrested for DUI. During the month of May, the POP officers assigned to the Promenade Mall handled a total of seventy-nine calls for service (up from forty-five last month). These calls resulted in the criminal arrest and filings on twelve misdemeanors and six felony cases for various offenses. Six citations were also issued. The Temecula Against Graffiti program (TAG) under the direction of Officer Anderson (POP team) conducted two programs this month. As a direct result of this program thirteen vehicle checks and seventeen pedestrian checks were made. The four school resource officers continue to remain very active in their schools. During the past month, the officers made presentations to pupils on narcotic laws and conducted numerous counseling sessions with the students. Four arrests were made at the high schools for misdemeanor offenses (down from eight last month), and one arrest was made at the elementary schools. The JOLT program (.J_uvenile Offender Law Enforcement Team) continues to be a success in part through its youth court program. This program has a total of ninety-eight active cases at this time, Additional programs this month included school presentations on the JOLT program, truancy reduction, drug, alcohol, tobacco awareness training and a mentoring program that involves past JOLT participants. A meeting was held for new juveniles and their parents entering the program. During the month of May, the Special Enforcement Team of Officers Rich Holder and Mark Krikava handled a total of nineteen cases. These cases resulted in twenty misdemeanor and thirteen felony arrests, primarily for narcotics violations. The SET team also recovered two clandestine methamphetamine laboratories. One of these was located inside the dty and the other was directly connected to the city. Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of assistant volunteer coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 710 hours of service in May. Volunteer assignments include computer data input, Iogistics support, crime observation (TAG program surveillance), special event assistance and telephone answering duties. The reserve officer program and mounted posse are additional valuable volunteer resources available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention, off road vehicle enforcement and a variety of special functions. Reserve police officers worked a total of 203 hours during the month. A large part of this time was spent assisting with the off read vehicle enforcement program. This program focussed on areas around the city that experience problems with off road motorcycles. Under the direction of Officer McEIvain (POP team), the results of the program for this month were three MonthLy Departmental Report - May 2000 Page 3 citations issued and ten warnings given. The posse contributed eighty-six hours (up from thirty last month) during the month for the off road vehicle enforcement program. TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Mike Brown, City Fire Chief June 27, 2000 Monthly Departmental Report RECOIVIMENDATION: Attached for City Council's review and filing is the Fire Department's Monthly Activity Report for the month of May, 2000. Temecula Fire Services iVtonthly Activity Statistics Month May Year 2000 Structure Fires 7 5 3 2 17 Vehicle Fires 4 3 2 I 10 Vegetation Fires 9 6 0 2 17 Other Fires 3 5 1 I 10 Medical Aids 82 36 40 74 232 Traffic Collisions 14 26 4 10 54 False Alarms 36 38 10 9 93 Fire Menace Standbys .5 4 I 2 12 Public Service Assists 4 0 9 5 18 Assists and Covers 5 12 19 14 50 Totals: '169 135 89 120 513 ~0mmunity Activities 3 I 0 3 7 School Programs 3 0 0 0 3 Fairs and Displays 1 2 1 1 5 Company Inspections 79 76 4 12 17'1 LE-38 Dooryard Inspections 671 0 0 0 671 Fire Investigations 3 0 5 6 t4 Burning Permits Issued '13 0 0 I 14 Preplans 6 10 0 4 20 I Totals: 779 89 10 27 905 Date: By: Dave Toussaint Form B15-1 (4/99) MEDIC SQUAD 84 MONTHLY RESPONSE SUMMARY MAY 2000 Total Runs for the month: 227 o Medical Aids 153 o Traffic Collisions 33 o Public Service Assists 3 o Fire Menace Standby's 2 , Structure Fires 5 o Ringing Alarms 13 o Vegetation Fires 2 o Vehicle Fires 1 Average response time 4.3 minutes Longest response time 12 minutes Medic Squad Canceled Prior to Patient Contact: 26 Medical Aid Responses with Medic Squad 84 on scene prior to AMR: 75 times Performed Advanced Life Support prior to the arrival of AMR: 33 times Education and Training Programs 12 staff hours Comments: Medic Squad 84 responded to a total of 227 calls in the month of May. 186 of those calls were for Medical Aids or TC's, the Squad was cancelled 26 times or 14% of the time. On medical aids, the Medic Squad arrived on-scene prior to AMR 75 times or 40% of the time~ When the Medic Squad arrived prior to AMR, ALS interventions were initiated 33 times. AMR typically arrived on- scene within 5.3 minutes after the arrival of the Medic Squad. On 4 instances AMR arrived more than 10 minutes after the Medic Squad had made patient contact, the longest being 19 minutes, with two at 15 minutes and 1 at 10 minutes. The Medic Squad has had 4 responses over 10 minutes. These times are still consistently occurring on responses into the areas served by Station 83. APPROVAL CITY ATTORNEY CITY OF TEI~IECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Anthony J. Elmo, Chief Building Official June 26, 2000 Departmental Report May 2000 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTALNUMBER OF PERMITSISSUED ...................................................................298 NSFR ..................................................................................................................83 NCOM ...................................................................................................................7 TOTAL VALUATION .....................................................................................$21,398,164 TOTAL NUMBER OF INSPECTIONS PERFORMED ................................................849 CODE ENFORCEMENT ACTIONS .............................................................................861 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Manager/City Coundl William G. Hughes, Director of Public Works/City Engineer June 27, 2000 Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of May 2000. MOACTRPT CAPIITAL ]I IPROVEI ENT ]PRO j/ECTS Monthly Activity eport \ .]Tuane 2000 Prepared By: Scott Harvey Submitted by: William G. Hughes Date: June 27, 2000 P O EC'F8 UNDE CON:53F UCqF] ON 1. First Street Bridge This project will construct First Sweet from Pujol SWeet to Front Sweet, including the construction of a bridge over Murriela Creek and the realignment of Santiago Road. The new intersection of First SWeet, Front SWeet and Santiago Road will be signalized. The Contractor is continuing to place CIDH piles for the center bridge pier and abutment. Construction of the retaining wall north of First Street west of Murrieta Creek is underway, along with storm drain and sewer improvements at various locations on the project site. Utility relocations for the proposed improvements on Santiago Road are nearly complete. 2. Pala Road Bridge The new Pala Road Bridge is now open to through traffic. The soundwall at Rainbow Canyon/Pala are under construction, paving should be completed by late June. 3. Pujol Street Sidewalk, Curb & Gutter This project is now complete. Acceptance by the City Council is schedule be in July. 4. Margarita Community Park Lighting and Fencing A final inspection was performed for the project on June 8, 2000. The lighting for the hockey rink and tennis courts successfully passed the specified meter test requirements that evening. The fencing is complete except for some minor correction. The project is scheduled for acceptance July 11, 2000. 5. Sports Park Tot Lot Equipment Replacement This project will replace the tot lot equipment at the Rancho California Sports Park. McLaughlin Engineering & Mining, Inc. was awarded the construction contract at the May 9, 2000 City Council meeting. Construction is anticipated to begin on July 5, 2000 and end in August 2000. 6. Calle Aragon Park Drainage Structures The City Council awarded the contract on May 23, 2000 and a pre-construction meeting was held on June 20, 2000, with an anticipated construction start date of June 26, 2000. R:XMonthlyActivityReport\CIP\2000XMay 7. Adding an Additional Lane On Ynez Road Between Tierra Vista and Rancho Vista and Widening the Southwest Corner of Margarita Road at Santiago Road Construction on this project started on Jane 14, 2000. Excavation and base placement, and paving were completed on both locations. Loop installation and striping remain. Completion is expected in late June. 8. Rancho California Sports Park Parking Lot Rehabilitation E.A. Mendoz was awarded the contract at the June 13, 2000 City Council meeting. Work is anticipated to start on July 7, 2000. 9. FY 99- 2000 Slurry Seal Program This is a new project to slur~ seal various sweets in the Los Raachitos area between Rancho California Road and Pauba Road. The slum/seal includes the application of a Rubberized Polymer Modified Emulsion (RPME), crack sealing, traffac control and the removal and replacement of all traffmc striping and stenciling. The City Council awarded the project at the June 13, 2000 City Council meeting to American Asphalt Repair & Resurfacing Company, Inc. Sealing work is anticipated to begin in July. 10. FY99-2000 Pavement Management System, Various Streets This is a new project, which will reconstruct the entire roadway on Ynez Road between Santiago Road and Jedediah Smith. Pavement work is anticipated to begin in July. PROJECTS BEIING ABVERTIISED FOR NGNE PR@JECTS BESI GN 1. Murrieta Creek Crossing Between Winchester and Rancho California Road - Low-flow Crossing at Via Montezuma Preliminary discussion with USACOE and Riverside County Flood Control District has begun. The ConsWuction window is from September through March due to environmental issues. Staff is in the process of reviewing an environmental consultant request for proposal. In addition, surveying of the project area has been completed and in-house design has been initiated. A hydrology study may be required. 2. Pavement Management System, Jefferson Avenue This project will rehabilitate Jefferson Avenue from the northerly City limits to Rancho California Road. The design process has started. Areas to be rehabilitated will be identified. Plans and Specifications will then be completed. Construction is expected to start in September 2000. 2 R:XMonthlyActivityRepor~\CIP\2000'xMay 3. Old Town Parking Lots Th~s project consists of two proposed parking lots. Ono will be located on the west side of Front Street just no~h of Second Street, and the other lot is located on the south side of Fourth Street west of Front Street. The project is currently being designed in-house. A landscape architect and an electrical consultant are being utilized to do the specialty work. The design for the Second Street parking lot is almost complete. Awaiting 90% submittal of landscape design. This project is scheduled to be advertised for bids in July 2000. Design for Fourth Street Parking Lot is on hold pending the Mercantile bullcling plans. 4. Diaz Road Realignment The consultant is currendy preparing the improvements plans for 70% submittal. Design completion is expected by the mid July 2000. 5. Margarita Road Widening, Pauba Road to Dartolo Road The consultant completed 90% plans and submitted them to the City. Staff is reviewing these plans. A minor delay is expected due to utility and developer's (Home Depot) coordination. The consultant is also potholing existing utilities to determine their exact location. The City intends to back charge the utility companies for the cost of the potholing. Design completion is expected in August 2000. 6. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane at Winchester Road project. This project will widen the 1-15 southbound off-ramp at the Santa Ge~ru& Creek Bridge to provide an additional lane on the ~'eewayjust north of Winchester Road. The design consultant submitted the 1~t plan cheek to the City, R.C.F.C.D. and Caltrans the first week of January. Staff has received Caltrans Division of Structures in Sacramento plan check comments on June 7, 2000. Staff is still waiting for R.C.F.C.D. plan cheek comments. 7. Traffic Signals Design at Pala Road and Loma Linda and at Pala Road and WolfValley The consultant submitted 90% final plans for both traffic signals and the proposed striping plans. Staff is reviewing these plans and in the process of preparing specifications and bid documents for this project. This project will be advertised for bids in July or August. 8. Pala Road Improvements - Phase II (79 South to Pechanga Road) Design of this project is proceeding as scheduled. Preliminary design work include geoW~chnical investigation, environmental assessment, surveying and utility research. In addition, staff is coordinating the work with the Pechangas and Spring Pacific Properties, the developer for Wolf Creek. The City's design consultant, DMJM, will submit 70% plans on July 17, 2000. The project is fundad for design only at this time. 9. Pala Road Interim Improvements - (Widening to accommodate four lanes from bridge to Wolff Valley) The interim road widening will be done as part of the Pechanga sewer line construction. An encroachment Permit was issued to the Pechangas for the sewer line. This project will be constructing the new sewer line/pavement section from Muirfield Drive to Wolf Valley Road. Construction is anticipa~l to begin in July 2000. 10. Rancho California Road Median Modifications at Town Center This project is currently in design. Design completion is expected in August 2000. 3 R:~VlonthlyActlvityRepofi\CIP~2000~Vlay 11. Sports Park Pond Desilta~on This project will clean up the Desiltation Pond in the Sports Park by removing the silt to allow proper drainage downstream. Design is essentially complete. An Environmental Mitigation Plan is presently being prepared by the biologist. This project is scheduled to be advertised for bids in July 2000. 12. Pauba Road Improvements - Phase It (West of Margarita to just west of Showalter) The design process is to begin shortly. The RFP was sent out on April 18, 2000 to design consultants and responses were received on May 1, 2000. Negotiations am underway with one of the consulting firms. Work will be coordinated with design of the library project. City Council is scheduled to approve the consulting agreement at the July 11, 2000 City Council meeting. 13. Senior Center Expansion The expansion will include and addition of 3000 square feet of building area for recreational, office, and meeting purposes. Design completion is expected in August 2000. 14. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resources and services. Design is progressing on schedule. The theme of the building the building layout, building form, and ftuniture layout were appreved by the design committee. The conunittce has come to consensus on the colors to be used for the building exterior, building interior and carpcling. The design committee is in the process of choosing the different type of furniture required for the library. Design is scheduled for completion in September 2000. 15. Rancho California Road Bridge Widening Over Murrieta Creek T.Y. Lin McDainel has been selected as the prime consultant for the design of this project. Staff is currently negotiating with McDaniel to refine the scope of work. Design is anticipated to begin in July 2000. 16. Chaparral High School Swimming Pool The Design committee has chosen the layout of the 25-Yard x 25-Meter pool at Chaparral High School. The facility will include a smaller recreation pool component and a bathhouse with locker room facilities, restroom and showers. An altemative to add spray type play equipment will be included in the construction bid. 4 R:XMonthlyActivityRepor~\CIP~2000~Vlay o ,,, 0 0 0 LU n,,' >- I-- ._1 "r- i-- 0 o ~ TO: FROth1: DATE: SUBJECT: E Oe, A OU I Bill Hughes, Director of Public WorkslCi~ Engineer ~f,C~rad Buron, ~ain~nan~ Su~rinlnden~ June 5, 2000 ~on~hly ActivibJ Repor~ - May, 2000 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of i~lay, 2000: I. SIGNS A. Total signs replaced 39 9 8 B. Total signs installed C. Total signs repaired II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons 3,95t 59 IV. CATCH BASINS A. Total catch basins cleaned 317 VI. VII, RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A, 270 New and repainted legends B. 34~634 L.F. of new and mpainted red curb and stdping 95 5, t04 Also, City Maintenance staff responded to 43 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 47 service order requests for the month of April~ 2000. The Maintenance Crew has also put in 92 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, 2000 was $ t24,693.74 compared to $ t8,t42.70 for the month of April, 2000. Account No. 5402 $ 112,028.74 Account No. 5401 $ 12,665.00 Account No. 999-5402 $ - 0 - CC: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer - (CIP/Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Engineer (Capital Improvements) Jerry Alegala, Senior Engineer (Land Development) STREET ~AII~TENAi~CE CONTF~CTORS The following contractors have performed the following projects for the month of Ha]f, :~881) DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: Date: MAY, 2000 # 5402 PACIFIC STRIPING INC. CITYWIDE RESTRIPING RESTRIPE 1,165,252 L.F. OF YELLOW SKIP, WHITE SKIP AND DOUBLE YELLOW CONTRACTOR: Date: MAY 17, 2000 # 5401 MONTELEONE CONTRACTORS 1. JOHN WARNER ROAD 2. SANTIAGO ROAD TOTAL COST $ 84,028.74 REMOVAL OF DESILTING PONDS Date: MAY 18, 2000 # 5402 CITYWIDE TOTAL COST CITYWIDE SHOULDER GRADING $ 8,100.00 CONTRACTOR: Date: MAY 22, 2000 # 5402 RENE'S COMMERCIAL MANAGEMENT CITYWIDE CHANNELS TOTAL COST $ 4,a50.00 POST EMERGENT HERBICIDE APPLICA- TIONS TO CITYWIDE CHANNELS Date: MAY 12, 2000 # 5402 SLURRY PROJECT PROJECT #PW00-13 TOTAL COST $ 4,850.00 HERBICIDE APPLICATION TO CRACKS AND SIDEWALKS TOTAL COST $ 4,950.00 STREET ~IAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of May, 2000 DATE DESCRIPTION ACCOUNT STREET/CHANNEL/BRIDGE OF WORK TOTALCOST SEE CONTRACTOR: Date: MAY 9, 2000 # 5402 BECKER ENGINEERING CITYWIDE ASPHALT SAW CUTTING FOR PUBLIC WORKS MAINTENANCE CREW Date: MAY 17, 2000 # 5401 SOUTHEAST CORNER OF RANCHO VISTA AND YNEZ ROAD TOTAL COST $ 4,950.00 CHASE AND CLEAN APPROXIMATELY 125' OF CLOGGED CULVERT CONTRACTOR: Date: MAY, 2000 # 5402 WEST COAST ARBORISTS, INC. CITYWIDE R.O.W. TREE TRIMMING TOTAL COST TRIMMED 300 R.O.W. TREES $ 4,565.00 Date: TOTAL COST $ 8,400.00 TOTAL COST ACCOUNT//5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #994402 TOTALCOST $ 12,665.00 $ i12,02g.74 -0- DATE RECEIVED 04/27/00 04/27/00 04/28/00 04/28/00 05/01/00 05/02100 05/03/00 05/03/00 05/04/00 05/04/00 05/04/00 05/04/00 05/05/00 05/05/00 05/08/00 05/08/00 05/09/00 05/09/00 05/10/00 05/1 l/O0 05/12/00 02/33/00 05/11/00 05/12/00 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF MAY, 2000 LOCATION REQUEST STREET CLEANING STREET CLEANING STANDING WATER OPEN DITCH SLIME IN GUTTER LEAKY SPRINKLER PEPAVE STREET POTHOLE OIL CONTAINER TREE MWD EASEMENT TREE TRIMMING WEED ABATEMENT SIDEWALK REPAIR TREE TRIMMINGT FADED R-1 TREE TRIMMING STORM DRAIN CLOGGED POTHOLE POTHOLE CONCRETE WEEDS TREE POTHOLE 41629 AVENIDA DE LA PEINA 41637 CORTE HIGUERA VIA LOBO CHANNEL N. GENERAL KEARNEY AT JAMES DAY SCHOOL 31136 LAHONTAN STREET 29400 RANCHO CALIFORNIA ROAD YNEZ - SANTIAGO TO MARGARITA SOLANA WAY EAST FROM YNEZ VIA LAS COLINAS AT RANCHO CALIFORNIA RD. 30295 ROGUE 30368 VIA CANADA 31470 PASEO GOLETA RANCHO CALIFORNIA ROAD AT 1-15 41841 HUMBER DRIVE 40257 PASEO DEL CIELO 31810 CALLE REDONDELA MARGARITA AT DARTOLA 29836 VILLA ACTURAS 30334 MIRA LOMA DRIVE 32007 CAMINO MOINAR 43430 TYLMAN TRACT 23583 42040 KAFFIRBOOM TIERRA ROBLES AND MIRA LOMA DATE WORK COMPLETED 04/27/00 04/27/00 05/01/00 05/01/00 05/02/00 05/02/00 05/03/00 05/04/00 05/04/00 05/04/00 05/0400 05/04/00 05/05/00 05/05/00 05/08/00 05/08/00 05/09/00 05/09/00 05/10/00 05/11/00 05/12/00 05/12/00 05/15/00 05/15/00 DATE RECEIVED 05/12/00 05/12/00 05/12/00 05/15/00 05/16/00 05/18/00 05/18/00 05122/00 05/22/00 05/22/00 05/22/00 05/23/00 05/25/00 05/25/00 05125100 05/26/00 05/30/00 05/30/00 05/30/00 LOCATEON 44051 SHELDON COURT 40312 WINDSOR 30763 LOMA LINDA 43166 CAMINO CASILLAS YNEZ - OVERLAND TO WINCHESTER 31200 CORTE ALHAMBRA 40436 CALLE FUENTE 33305 FOX ROAD 43063 TERAMO ROAD 32183 JURA COURT 45928 CLUBHOUSE 31617 CORTE SALINAS 41333 SALT RIVER COURT 41899 ASTEROID WAY 45630 RAINBOW CANYON ROAD 32271 CORTE LAS CRUCES 31835 CORTE MENDOZA RANCHO VISTA ROAD MARGARITA NORTH OF HWY. 79 REQUEST TREE CONCRETE EASEMENT TREE TREES STREET CLEANING WEEDS EASEMENT CONCERN STREET SWEEPING DIRTY SIDEWALK TREE DOWN PLUGGED STORM DRAIN TREE LIMB DOWN TREE REMOVAL TREE TRIMIMING INFESTED TREE SIGN PICK-UP TREE DOWN POTHOLE DATE WORK COMPLETED 05/15/00 05/15/00 05/17/00 05/I 7/00 05/17/00 05/18/00 05/18/00 05/22/00 05/22/00 05/22/00 05/22/00 05/23/00 05/25/00 05/25/00 05/25/00 05/26/00 05/30/00 05/30/00 05/30/00 TOTAL SERVICE ORDER REQUESTS 43 C~FY OF TEI~ECULA DEPARTI~ENT OF PUBLIC WORKS ROADS D~VIS~ON GRAFFITI REMOVAL MONTH OF MAY, 2000 DATE 05/01/00 05/01/00 05/01/00 05/01/00 05/01/00 05/01/00 05/01/00 05/03/00 05/08/00 05/08/00 05/09/00 05/12/00 05/12/00 05/15/00 05/15/00 05/15/00 05/15/00 05/16/00 05/22/00 05/22/00 05/22/00 05/22/00 05/23/00 05/23/00 05/23/00 05/23/00 LOCATRON LOMA LINDA 100' WEST OF PALA ROAD LOMA LINDA PARK #1 LOMA LINDA PARK #3 END OF VIA EDUARDO ALONG CHANNEL 6TM AT PUJOL LOMA LINDA NEXT TO PARK #1 RUSTIC GLENN AT MARGARITA DIAZ SOUTH OF AVENIDA ALVARADO MARGARITA AT PIO PICO RANCHO CALIFORNIA ROAD AT VINTAGE HILLS DRIVE 28374 FELIX VALDEZ MEADOWS PARKWAY AT DE PORTOLA WINCHESTER BRIDGE AT DIAZ MARGARITA AT YUKON RANCHO CALIFORNIA ROAD AT YUKON DIAZ 100' NORTH OF RANCHO CALIFORNIA ROAD BUSINESS PARK 100' N/O RANCHO CALIFORNIA ROAD BUTTERFIELD STAGE AT 79 So. T. J. MAXX - MERVYNS MEADOWS PARKWAY AT McCABE VIA CORDOBA AT VIA SALITO CORTE SIERRA AT LOMA LINDA VIA RIO TEMECULA AT CHANNEL MARGARiTA AT HWY 79 SO. (UNDER BRIDGE) JEDEDIAH SMITH AT HWY 79 SO. WINCHESTER AT N1COLAS (UNDER BRIDGE) WORK COMPLETED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED 100 S.F. OF GRAFFITI 16 S.F. OF GRAFFITI 24 S.F. OF GRAFFITI 128 S.F. OF GRAFFITI 15 S.F. OF GRAFFITI 84 S.F. OF GRAFFITI 4 S.F. OF GRAFFITI 30 S.F. OF GRAFFITI 40 S.F. OF GRAFFITI 136 S.F. OF GRAFFITI 81 S.F. OF GRAFFITI 2 S.F. OF GRAFFIT1 430 S.F. OF GRAFFITI 2 S.F. OF GRAFFITI 9 S.F. OF GRAFFITI 60 S.F. OF GRAFFITI 40 S.F. OF GRAFFITI 4 S.F. OF GRAFFIT1 62 S.F. OF GRAFFITI 8 S.F. OF GRAFFITI 10 S,F. OF GRAFFITI 302 S.F. OF GRAFFITI 392 S.F. OF GRAFFITI 1,959 S.F. OF GRAFFITI 880 S.F. OF GRAFFITI 51 S.F. OF GRAFFITI DATE 05/24/00 05/25/00 05/26/00 05/30/00 LOCATION FOOD FOR LESS CLUBHOUSE DRiVE HILLCREST ELEMENTARY SCHOOL CORTE VILLOSA AT CAMINO ROMO (14 LOCATIONS) WORK COMPLETED REMOVED REMOVED REMOVED REMOVED 14 S.F. OF GRAFFITI 6 S.F. OF GRAFFITI 108 S.F. OF GRAFFITI 105 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 5,104 TOTAL LOCATIONS 44 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF MAY, 2000 DATE LOCATION 05/09/00 RANCHO CALIFORNIA ROAD AT 1-15 WORK COMPLETED ABATED 95 S .F. R,O.W. WEEDS TOTAL S.F. R-O-W WEEDS ABATED 95 DATE 0~/04/00 05/08/00 05/09/00 05/15/00 05/16/00 05/17/00 05/18/00 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MON'EH OF MAY, 2000 LOCATION RANCHO VISTA AT YNEZ AREA #3 AREA #2 AREA #2 AREA #2 AREAS #2 AND #3 AREAS #1, #2, #3 AND WORK COMPLETED CLEANED & CHECKED 1 CATCH BASINS CLEANED & CHECKED 15 CATCH BASINS CLEANED & CHECKED 42 CATCH BASINS CLEANED & CHECKED 17 CATCH BASINS CLEANED & CHECKED 66 CATCH BASINS CLEANED & CHECKED 137 CATCH BASINS CLEANED & CHECKED 39 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 317 DATE 05~1~0 05~1~0 05~2~0 05/03~0 05/04~0 05~4/00 05~8~0 05~9~0 05/12~0 05/12~0 05/15~0 05/15~0 05/15~0 05/15~0 05/16~0 05~2~0 05~3~0 05~4~0 05B0~0 05BI~O CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF MAY, 2000 LOCATION SCOPE OF WORK RANCHO CALIFORNIA ROAD AT VINCENT MORAGA 6nm AT PUJOL 30348 VIA CANADA ELINDA 43537 29440 VIA NORTE VIA NORTE AT CALLE PlllA COLADA 6m AT PUJOL VIA BRISA / CAMPO ROJO RANCHO CALIFORNIA ROAD AT VINCENT MORAGA MARGARITA AT DEPORTOLA 42819 TIERRA ROBLES 30361 VIA BRISA 30350 VIA BR1SA 30332 VIA BRISA CAMPO ROJO END OF CUL DE SAC RANCHO CALIFORNIA ROAD AT VINCENT MORAGA 30316 VIA CANADA CAMPO ROJO/43968 GATEWOOD GATEWOOD WAY PREECE AT VIA MONDO TEMP AC POTHOLE TEMP AC POTHOLE R&R A.C. R&R A.C. AC OVERLAY AC OVERLAY R&R A.C. R&R A.C. TE1VIP AC TEIV~P AC TEMP AC AC OVERLAY AC OVERLAY AC OVERLAY R&R AC R&R AC R&R AC AC OVERLAY AC OVERLAY AC OVERLAY S.F. TOTAL TONS 4 2 286 7.5 36 3.5 260 2.5 38 4, 220 5.5 179 5.5 4 10 1 120 3.5 36 ~ 228 ~ 325 8.5 87 2.5 330 7,5 136 2.5 643 3.5 1,006 6.5 TOTAL S.F. OF REPAIRS 3,951 TOTAL TONS 59 DATE 05/01/00 05/02/00 05/03/00 05/04/00 05/09/00 05/10/00 05/11/00 05/15/00 05/16/00 05/17/00 05/18/00 05/22/00 05/23/00 05/30/00 05/31/00 AREA 1 AREA 1 AREA 1 AREA 1 AREA 1 AREA 1 VIA CORDOVA AREA AREA RED CURB AREA AREA AREA AREA AREA 1 AREA 3 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVffSION STENCILS / STRIPING MONTH OF MAY, 2000 LOCATION (SEE DALLY WORK SHEETS) (SEE DAILY WORK SHEETS) WORK COMPLETED REPAINT 8 LEGENDS REPAINT 43 LEGENDS REPAINT 56 LEGENDS REPAINT 48 LEGENDS REPAINT 22 LEGENDS REPAINT 48 LEGENDS INSTALLED 20 LEGENDS REPAINT 25 LEGENDS REPAINT 4,291 LN. FT. REPAINT 5,692 LN. FT. REPAINT 14,279 LN. FT. REPAINT 661 LN. FT. liEPAINT 50 LN. FT. REPAINT 5,038 LN. FT. REPAINT 4,623 LN. FT. TOTAL NEW & REPAINTED LEGENDS 270 NEW & REPAINTED RED CURB & STRIPING L.F. 34,634 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIV~'S]ON SIGNS MONTH OF MAY, 2000 DATE 05/03/00 05/03/00 05/04/00 05/04/00 05/09/00 05/11/00 05/11/00 05/11/00 05/11/00 05/11/00 05/11/00 05/11/00 05/11/00 05/11/00 05/12/00 05/15/00 05/15/00 05/15/00 05/15/00 05/16/00 05/16/00 05/17/00 05/t7/00 05/22/00 LOCATION HONORS DRIVE AT BOGEY WAY NORTH GENERAL KEARNY AT MARGARITA WINCHESTER ROAD AT JEFFERSON SOLANA WAY AT CALLE FUEGO AND SKYWOOD CALLE REDONDELA AT VIA BARROZO VIA CORDOVA AT CORTE BRAVO VIA CORDOVA AT CORTE BRAVO VIA CORDOVA AT CORTE BRAVO VIA CORDOBA AND LOMA LINDA VIA CORDOBA AND LOMA L1NDA VIA CORDOBA AND LOMA LINDA VIA CORDOBA AT VIA ZORITA VIA CORDOBA AT VIA ZORITA VIA CORDOBA AT VIA ZORITA CITYWIDE WINCHESTER AT MARGARITA MEADOWS 1-15 DEER MEADOWS & NORTH GENERAL KEARNY CORTE COPA AT CALLE NACIDO CAMINO MAREA AT CORTE PERGAMINO PAUBA AT VIA TORRES VIA CAMPANARIO AT CORTE CABRILLO VIA CAMPANARIO ATA CORTE CABILLLO MARGARITA NORTH OF PAUBA WORK COMPLETED INSTALL W-53A "1" INSTALL R-49M "1" INSTALL R-49 "1' INSTALL W-66 "2" REPLACED R- 1 FADED INSTALLED R-I 4 INSTALLED R-l-4 4 INSTALLED W-17 3 INSTALLED R-I 2 INSTALLED RI-3 3 INSTALLED W-17 2 INSTALLED R-1 2 INSTALLED Rl -3 3 INSTALLED W- 17 2 INSTALL POPULATION STICKERS 7 REMOVE STICKERS FROM SIGNS 2 INSTALL POPULATION STICKERS 2 REPLACE R-1 (DAMAGED) REPAIR STREET NAME SIGN 2 REPAIR STREET NAME SIGN 2 REPAIR STREET NAME SIGN 2 REPLACE R-1 1 REPAIR STREET NAME SIGN 2 REPLACED TYPE Q DATE o5~4~0 o5~4~o 05/25~0 05~5~0 05~5~0 05~5~0 05~5~0 05~5/00 05~5~0 LOCATION MARGARITA NORTH OF PAUBA BUTTERFIELD STAGE ROAD AT DEPORTOLA MIRA LOMA AT RANCHO VISTA RANCHO VISTA EAST OF TVHS JEFFERSON AT OVERLAND JEFFERSON AT VIA MONTEZUMA JEFFERSON AT DEL RIO PALA ROAD AT WOLF VALLEY NICOLAS AT RORIPAUGH WORK COMPLETED REPLACED 2 TYPE Q REPLACED 1 TYPE Q REPLACED W-41 REPLACED W-66A REPLACED R-2 40 REPLACED W-41 REPLACED W-41 REPLACED R-2 50 REPLACED R-I TOTAL SIGNS REPLACED 14 TOTAL SIGNS INSTALLED 39 TOTAL SIGNS REPAIRED 9 APPROVA~ CITY ATTORNEY CITY OFTEMECULA AGENDA REPORT TO: City Manager/City Council FROiVI: Jim O'Grady, Assistant City Manag~~'/ DATE: June 27, 2000 SUBJECT: Economic Development Monthly Departmental Report Prepared by: Gloda Wolnick, Marketing CoordinatOr The following are the recent highlights for the Economic Development Department for the month of May 2000. ECONOIVIIC DEVELOPIVIENT Leads & Incluides In the month of May, the City responded to 3 inquiries and 5 leads. Staff met with a local commercial real estate broker regarding a potential 400,000 square foot manufacturer. Ma 3~d Staff attended a meeting on y regarding a potential Bed & Breakfast in Old Town Temecula. Note: Information on Fast Track, Expansion, Relocation and Speculative Building can be found in the Community Development Department report. Retention iVleetin~lGroundbreakinglDedication Staff attended the EDCSWRC Business Relations Commi~ee on May 4, 2000 and presented data on business retention activity for 1999 highlighting where employers come from, reason they moved, number of employees, etc. Staff ateended the Dedica~on/Rjbbon Cuffing for the Riverside County Sheriff's Department, Lake Elsinore Station on May 1't. Staff attended the Chaparral iVledical Plaza Groundbreaking Ceremony on May 23~d. Media Staff wdter Mike Freeman of the San Diego Union Tdbune interviewed Jim O'Grady in May and published a very informative article on Temecula along with many photos. The article "The Temecula Factor" was published on the front page in the Sunday Business Section of The Union Tribune on May 21't. The article prompted the Channel ~, television station in San Diego to contact Jim. The station will be filming a segment on Temecula in mid June. The SBDC and Staff wrote an article for the Chamber of Commerce Monthly Newsletter highlighting the upcoming Diamond Venture Forum Luncheon, the Inland Empire Economic Partnership organization and its satellite office in Temecula. Special Event The City of Temecula and Ernst & Young are sponsors of the Diamond Venture Forum Luncheon on June 14, 2000 at Temecula Creek Inn. The luncheon is presented by the Inland Empire Economic Partnership and the Inland Empire Small Business Development Center. Four high tech companies will pitch their business plans to a panel of venture investors. The companies include eSERVER, Inc., Onestopbid.com, Universal Tracking, Inc. and upgradebase.com. Staff has been working with the SBDC on this event. Meetings Staff attended the Southwest Riverside County Manufacturers' Council meeting on May 10th. Gary Youmans, Vice President of Fallbrook National Bank, spoke on banking issues that offer companies creative and constructive financial solutions. In addition, Troy Kedenskog, Corporate Sales Manager for JC Resorts, spoke on opportunities for SRCMC members and their customers. Staff attended meetings at the Economic Development Corporation of Southwest Riverside County on May 4 and 8u' to review the final copy of the Business Resource Guide. The guide is now being pdnted and is expected to be available within the next few months. Staff attended the Southwest Riverside County Economic Alliance meeting on May 4"~. The final draft of the marketing plan was discussed as well as an update on the marketing campaign, brochure and website. Staff met with the Economic Alliance on May 8th regarding goals and funding for FY2000-01. As a component of the recently approved Growth Management Plan. the City Council identified the need for a community survey. A similar survey was conducted in 1997, which became very useful for the City Council to make decisions and provide a "road map" for future planning purposes. The survey, along with the City's business kit and demographic information, was also given to potential businesses and developers looking to relocate or build in the area. Staff sent out a Request for Qualification to 14 public and private research agencies to conduct a Citizen Opinion Survey in Temecula. On 2 May 24t", Staff interviewed six of the research firms. Council will consider staff's recommendation at the June 27~ Council meeting. Staff attended the Inland Empire Economic Partnership IVlembership Luncheon on May 24~ at the University of Redlands. Eric Haley, E~ecutive Director of the Riverside CounbJ Trenspodation Commission, discussed the impact of the Governors transportation initiative on the Inland Empire and the future outlook for reauthodzing local sales taxes - Measures A and I. Staff artended and hosted the Temecula CONNECT meeting on May 5~. Springboard matches emerging companies with a panel of volunteer experts to evaluate business plans and make introductions for capital sources and industry leaders. "CityOfOurs.com' was the feature company. The company has the ability to set up portal type Intemet sites for every member of a group which contain local vendors, local information as well as links aligned with the values of that organization or community. TOURISM Media/Outreach i~/taterials Staff is updating information and submitting new photography to Heather O'Niel for ETravel plan.com. This is a free intemet travel planning site. Staff prepared tourism information and photography to Pidh Productions. The company is producing the Inland Empire/San Bernardino Toudsm Visitor Guide, which will be completed within the next new few months. This project is run through the Inland Empire Tourism Council. Staff sent special event and toudsm information to RV Journal, which is the RV Travel Magazine of the Southwest. The Old Town Farmers' Market and Old Town will be included in their next issue. The magazine can also be found on the web. Circulation is 125,000. California Seniors Magazine contacted the City and they will be doing an upcoming story on Temecula within the next 2 - 3 months. Staff provided them with information and photos. Staff produced a new Tourism Newsle~er, which highlights the toudsm attractions, recreation and events in the area. Personal letters were sent with the newsletters to attendees and leads from the recent Califomia Travel Market and Los Angeles Times Travel Shows. An additional mailing went out to the City's media list, the Society of Amedcan Travel Wdters members, and publishers, writers and magazine editors compiled from the Travel Marketing Source. The newsletters are also included in the City's press kits and distributed at travel trade shows. Staff is working with Annie Howell, a local graphic designer, in updating our existing tourism ad. This will complement the City's new toudsm rack brochure. Trade ShowlFAiVl Tour The Inland Empire Toudsm Council hosted the "Fabulous Fairs & Festivals" of the Inland Empire on May 3, 2000 from 9:00 a,m. - 6:00 p.m. The tradeshow was held dudng National Toudsm Week at the Radisson Hotel in San Bemardino. The booths featured Fairs and Festivals, Film Festivals, Arts Foundations, and Historical and Cultural Organizations. The Luncheon Speaker featured CALTOUR Representative, Tom Lease. The City's booth had representatives from the Temecula Chamber and Film Council. Staff is working with the Inland Empire Tourism Council and California State Division of Tourism on a joint-partnership travel writers FAIVI tour to include Temecula-ldyllwild and Hemet. This will be an upscale FAM that will tie in Idyllwild's art community and paring it with Temecula wine country & filming locations. Other areas of Temecula will also be highlighted on the FAM tour including Old Town, the museum, golf, recreation, dining and lodging. iVieetin,qs Staff artended the Chamber Toudsm & Visitors Council Meeting on May 4u~. There was a presentation given by Susan Hollers of Temecula Creek Inn on the Temecula Chamber Reception scheduled for the same evening. Staff met with the Chamber regarding the staffing, materials and set-up for the City/Chamber Booth at the Balloon & Wine Festival. Attachments Temecula Valley Chamber of Commerce Activities Report Economic Development Corporation of Southwest Riverside County Activities Report Temecula Valley Film Council Activities Report Inland Empire Economic Partnership Activities Report Southwest Riverside County Economic Alliance OFFICERS Tony Turskj Stadium Pizz,~ Chairman of the Board Toml Arbogast /Mand ~//ey R~/onal Medical Center 1st Vice Chairman of the Board Katherine Eggers Fallbrook National Bank 2nd V~ce Chairman of the Board Janel S. Beck Certified Derrnatician SecretaO/ Lewis Randall North County Bank DIRECTORS Katherine Aron Backstreet Deli & April Bouchard Pechanga Entertainment Ron Bradley Bruce Cripe Michael Doblado Sandy Dodson Larry Francis, M.D. Doug McAIlister Phil Oberhansley Cannon Parks & Oberhansley Tanya Rogers Cheryl Shultz Mal~da Smith loan Tussing Ron Walton May 10, 2000 :mY 2 z000, Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 ECONOMIC DEVELOPMENT Dear Shawn: Attached please find the Monthly Activity Report provided as per our contract with the City of Temecula. This is the month of April at a glance: Business Inquiry Highlights 7 businesses requested information on startbig or relocating their business in Temecula. They received a business packet which includes information on demographics, relocadon, housing, rentals, maps, organizations, etc. Committee Highlights Tourism & Visitors Council: The May 4 TVC Reception was a huge success ~4th over 50 community leaders, chamber board and industry leaders in attendance profiling the new direction of the Tourist & Visitors Council. Committee members and staff attended the L. A. Times Register Show on April 291h & 30th in San Diego CONVIS Booth and at the Inland Empire Tourism Council Booth. Chamber staff is currendy coordinating the City/Chamber Booth for the Balloon & Wine Festival. A Fam Tour is currendy being coordinated for the month of October. Education Committee: The committee's book drive rims throughout the month of May. Books will be collected for the TVUSD's libraries. Book drop boxes (look for "Shangani" a South African setvat cat) are located at Liffie Professor Book Co., Fallbrook National Bank, ABC Child Care Center, Dental Associates of Temecula, and JC Penney. The committee continues to work with the video production class at Chaparral High School to film chamber businesses for their career libraries. Ways & Means Committee: The Inaugural Business to Business Technology Expo will be held on August 4, 2000 at the Pechanga Pavilion. This Expo will provide information regarding e-Commerce solutions, information on high speed access, DSL as well as technology to protect your business and computer systems. Les Karr, Architecture Manager from Intel will present a keynote address about the dynamic changes reshaping the world of business and how teclmology is evolving to meet those needs. 27450 Ynez Road, #124 l'emecula, CA 92591 Tel 1909) 676-5090 Fax (909) 694~0201 E-mail: info@temecula.org Local Business Promotions Committee: The Shop Temecula First campaign will kick off on June 1~t. 75 businesses are participating in the June campaign which will be highlighted in the 4u~ of July parade. The committee continues to reward excellent customer service and Chamber involvement through the Mystery Shopper and Business of the Month programs. Government Action Committee: The committee's next meeting is scheduled for May 20, 2000, at the Murrietu Chamber. The comrmttee will continue to focus on reviewing legislation effecting the business COnlnlUi3jty. Membership Committee: Chamber staff and Ambassadors artended 10 Ribbon Cuttings the month of April. The Committee hosted a success~t Chamber Open House on Tuesday, April 11, for all new members who joined in the last quarter. New members were introduced to Board of Directors, Ambassadors, Chairpersons and Staff. A new benefit packet is being designed. All TVCC members are now eligible for discounted health insurance. The committee is still researching Worker's Compensation, Credit Union and AAA Club discounts. Approximately 20 business will be interviewed for a testimonial Membership Recruifmg Video. Businesses will have the opportunity to explain why they are members and how has it benefited them. Tourism Highlights (Bulk brochure distribution) o 400 Temecula Brochures to Callaway Vineyard & Winery for distribution to guests. o 200 Winery Brochures, I00 Temecala Brochures, 150 Visitor Guides and 25 City Maps to TVCC's Weekend Visitors Center for distribution to tourists . o 250 Temecula Brochures, 150 City Maps and 30 Visitor Guides to Temecula Creek Inn for distribution to guests. o 200 Winery Brochures and i 00 Visitor Guides to Century 21 Newsom for distribution to clients. o 200 Temecula Brochures and 95 Winery Brochures to Desert Hills Premium Outlet Center for distribution to visitors at the center. o 200 Visitor Guides and 200 One-page Street Maps to World Harvest Church for distribution at a conference in Temecula. o 160 Temecula Brochures 50 Winery Brochures to the International Information Center in San Diego for distribution to visitors. o 100 Temecula Brochures, 100 Visitor Guides, 100 Winery Brochures and 20 One-page Street Maps to Temecula Valley Inn for distribution to guests. o 100 School Brochures, 100 Temecula Brochures and 100 Visitor Guides to Temecula Valley Unified School District for distribution to new residents. o 100 Temecula Brochures to the Puma Valley Country Club for distribution to guests and potential members. o 50 Visitor Guides and 50 Winery Brochures to Tickets and Tours for distribution to guests coming to Temecula. o 50 One-page Street Maps, 26 City Maps, 20 Winery Brochures and 18 Visitor Guides to Krieger's for distribution to visitors. o 35 Temecula Brochures, 35 Visitor Guides and 35 Winery Brochures to Pechanga for distribution to guests. o 30 Visitor Guides to Century 21 Wright for distribution at a seminar. o 30 Temecula Brochures, 30 Winery Brochures and 20 Visitor Guides to Century 21 Newsome Realty for distribution to clients. o 25 City Maps, 25 Visitor Guides and 25 Winery Brochures to Seico International Trading Co., Ltd. For distribution to Japanese business people coming to Temecula. o 25 Temecula Brochures, 25 Visitor Guides and 25 Winery Brochures to Rancho Springs Medical Center for distribntion at a physician recruitment. o 25 Visitor Guides and 25 Wioery Guides to the Mission Inn for distribution to tourists. o 20 City Maps to Paseo Del Sol for distribution to new residents. 2 12 Visitor Guides to Renaissance Esmeralda Resort for distribution to guests. 10 Temecula Brochures, 10 Visitor Guides and 10 Winery Brochures to Sharondale Roadrunners for distribution to a RV group visiting Temecula in June. Marketing Highlights o Chamber staff provided area festival information and manned a Temecula table at "Fabulous Fairs c~ Festivals of the Inland Empire" on May 3. This event was created to highlight the importance of Tourism in the Inland Empire for National Tourism Week. The Inland Empire Tourism Council ~vill be inviting Tour Operators, Travel Agents, Travel Writers, Local Legislators and other individuals that are involved in the industry locally. o In response to the Temecula ad placed in the 2000 San Diego North Official Visitors Guide 18 inquires were requested and forwarded to the Chamber for additional information. o Chamber staff referred Mike Walsh, Publisher of California Magazine/Food & Beverage International Magazine to the City and the Vintners Assoc. for a possible co-op project on Temecula. Activity Report o Tounsm calls 2,154 in April. o Total Phone calls 4,247 in April. o Walk-ins were up 21.13 percent in April. EoMail requests are up 89. o 13 percent from last year. o Web page user sessions: N/A Also attached are the Meeting minutes for the Tourism and Visitors Council, Education, Ways 8~ Means, Local Business Promotions, Membership Committee and Government Action report and a May issue of Temecula Today! If you have any questions regarding this information, please feel free to call me. Thank you. President/CEO Mayor Jcfl~ry E. Stone Mayor Pro Tom JeffComerchem Councilman Ronald H, RoberLs Counciim,'m Sam Pratt Councilman Mike Naggar Sha~',~ Nelson, City Manager Jim O'Grady, Assistant City Manager Gary Thornhill. Deputy City Manager Gloria Wolnick, Marketing Coordinator TVCC Board or'Directors TEMECULA VALLEY CHAMBER OF COMMERCE MONTHLY ACTIVITY REPORT FOR APRIL, 2000 PHONE CALLS TOURISM TOURISM REFERRALS Calendar of Events Special Events General Information TOTAL TOURISM CALLS Chamber Vis. Center This Month This Month 437 187 423 1107 2,154 Total Year-To-Date 1696 652 1701 5,054 9,103 RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL PHONE CALLS * CHAMBER REFERRALS 119 89 1,585 200 4,247 N/A 612 343 8,070 738 18,866 N/A WALK-INS TOURISM CALENDAR OF EVENTS SPECIAL EVENTS GENERAL INFORMATION RELOCATION DEMOGRAPHICS CHAMBER MISCELLANEOUS TOTAL WALK-INS I75 152 85 890 173 139 831 134 2,579 277 24 4 211 1 0 1 27 545 1,496 718 354 3,945 672 547 3,925 554 12,211 MAILINGS TOURISM RELOCATION DEMOGRAPHICS TOTAL MAI LI N GS 132 88 85 305 533 409 392 1,334 E-MAIL TOURISM RELOCATION MISCELLANEOUS TOTAL E-MAIL WEB PAGE USER SESSIONS N/A 44 31 87 162 170 132 303 605 N/A GRAND TOTALS PHONECALLS WALK-INS MAILINGS E-MAIL WEB PAGE USER SESSIONS CHAMBER REFERRALS THIS MONTH 4,247 3,124 305 162 N/A N/A YEAR-TO-DATE 18,866 12,211 1,334 605 2,342 8,614 ANNUAL VOLUME COMPARISONS Chamber Chamber April, 1999 April, 2000 Percentage Increase PHONE CALLS TOURISM Tourism Referrals 522 437 -16.28 Calendar of Events 117 187 59.83 Special Events 1,625 423 -73.97 General Information 1,272 1,107 -12.97 TOTAL TOURJSM CALLS 3,536 2,154 -39.08 RELOCATION 358 119 -66.76 DEMOGRAPHICS 55 89 61.82 CHAMBER 1,954 1,685 -13.77 MISCELLANEOUS 110 200 81.82 TOTAL PHONE CALLS 6,013 4,247 -29.37 CHAMBER REFERRALS N/A N/A N/A WALK-INS TOURISM t68 175 4.17 CALENDAR OF EVENTS 128 152 18.75 SPECIAL EVENTS 89 85 -4.49 GENERAL INFORMATION 684 890 30.12 RELOCATION 211 173 -18.01 DEMOGRAPHICS 54 139 157.41 CHAMBER 1001 831 -16.98 M ISCELLANEO US 48 134 179.17 VISITOR CENTER WALK-I NS 196 545 178.06 TOTAL WALK-INS 2,579 3,124 21.13 MAILINGS TOURISM 178 132 -25.84 RELOCATION 111 88 -20.72 DEMOGRAPHICS 115 85 -26.09 TOTAL MAILINGS 404 305 -24.50 E-MAIL TOURISM 26 44 69.23 RELOCATION 13 31 138.46 MISCELLANEOUS 46 87 89.13 TOTAL E-MAIL 85 162 90.59 N/A **WEB PAGE USER SESSIONS N/A * Chamber referrals reflects faxes, walk-ins and phone calls **New category rejects Web-page requests Members of the Temecula Valley Film Council are Maggi Allen, President; Sunny Thomas, Vice-President; Steve Phelps, Secretary/Treasurer; Shed Davis, Stacy Sievek, Judy Staats, Eve Craig, Joe Hohenberger, Patty Slaton and Ellen Watldns The Business of ~he FiHm Council This month we received 85 phone calls; 23 - Film Festival, 11- locations information requests, 35 - for Temecula "Showcase 2000" info, 16 - council business. Production Guide Review committee is getting bids for cover printing from local graphics and printing companies. This Production Guide will be distributed to filmmakers at ShowBiz Expo and later this year in a mailing to local, national and international film companies and independents. Local student and computer whiz, Jordan Bellino, has volunteered to help design and maintain the TVFC website. We have registered the domain as www. temect~afilm.om. Photo files are being converted to digital files for storage and to be included in the web site. A Temecula booth has been reserved for ShowBiz Expo, which is to be held June 23 - 25 at the Los Angeles Convention Center. Industry and local contacts are being made to man the booth with Film Council, Film Festival and Temecula tourism representatives. We are working with the City and the Chamber of Commerce. Jo Moulton and Peter Barnett made a Temecula Valley International Film Festival presentation to Mayor Jeff Stone and later to the entire City Council with their sponsorship request. Talent Showcase 2000 is set for June fa with 23 exciting acts, MC's Patti Drew and Ellen Watkins from the Temecula Valley, and local judges. FiRruing in Temecnla o The IEFC contacted the City of Temecula with a locations request for a possible closed bank building for a Warner Bros. picture. We were able to respond quickly and supply three Temecula location sites that fit their needs. John Meyers with the City also returned the fax with suggested locations. The Temecula information was appreciated. (June 7 locations manager for ~hls ,~ohn Travol~a ~m came ~o Temecu~a ~o see ~he suggested ~oca~ions. He gave us additiona~ information as ~ocation requirements ~nd was shown more possible locations. Pho~ographs were ~aken back ~o ~he s~udio for consideration. This could mean 2 months of shooting in Temecula.) o Movie director, Darrell Warren, contacted the City offices for a filming permit to film in a private residence and in the Temecula Cemetery from June 2-4. With the help of Knnte Noland, in the Planning Dept. of the City of Temecula, we received all the needed information to allow Mr. Warren to film. The cemetery is considered County property and the permitting was handled through the IEFC. o We are currently working with Knute Noland to update the Filming Permit and procedures for permitting in the City of Temecula. Mr. Noland will be handling this area as Debbie Ubnoskl is taking on more responsibility in other areas. We will continue to support the daily management of filmmaker's requests, and encourage the growing awareness of the industry in this community. It is our goal to generate a higher awareness of the Temecula Area within the context of filmmaking activities, and to present the opportunities and benefits of this production to local merchants and businesses. Respect~dly, Maggi Allen President, TVFC For Period: January, 2000 to blay, 2000 I~lay I Cumulative I. Corporate o Public Speaking Engagements o Community Outreach o Membership Events o Public Policy Events o Committee Meetings o New Prospective Member Meetings o Member Visits/Calls o New Member ProSpect/Interest Letters o New Members ° Corporate Marketing o Mailings o Press Releases o Tradeshows o Pdnt Advedising Placements ,~ Other 2. Foundation ,, Grants o Activities 3. Regional II/larketing ,> Direct Mail ,, Print Advertising Placements Tradeshows o Press Releases ,, Professional Articles o Media Relations ,, Other 3 22 9 80 1 4 1 7 7 44 13 80 45 171 4 13 2 1 1 1 3 6 2 2 1 2 1 3 10 1 7 4 14 15 1 3 3 Economic Development Prospect Missions Site Selector Outreach Leads/Sources of Leads 2 4 9 39 ProspectsFFradeshows Site Tours Inquiries Attractions ° Job~ Created Retentions o Jobs Retained Financial Investment 175 2 61 $6,929,680 2 26 5 19 1,269 2 4 900 3 83 $55,229,680* Comments Membership Luncheon Qrtly. Elected Communique Foundation Golf Classic Business Press Expo. Bus. Press Sacto Legis. Trip/ 9 meetings; CA Speedway Foundation Golf Toumament CD-ROM Factbook 2000 DSL Technology, Education Electronic Town Hall 11 -CATCA; 8-Site Selector; 7-Member Broker; 3- Tradeshow; 3-Magazines; 7-Other Astro-Fab; Phillips Lighting EGR; HD Plastics *Partial Amount Page I of 2 rNLAND EMPIRE ECONOMIC PARTNERSHIP For Period: January, 2000 to i~aV, 2000 i~lay Cumulative 5. EducaUon/'fiorkforce Development o School Enrichment Stnd. Awards 7 9 Inquiries on "Callpoint" 800 line 5 7 Other 2 6. SBDC o Jobs Created/Jobs Retained o Total Economic Impact - SBDC and Export actions combined o Client Activity o Client Hours o Training Events o Training Hours o Training Attendees o Inland Empire Trade: o Export Actions o Financial Impact 7. Film Commission o Industry Outreach o Request for Locations o Permits: San Bernardino/Riverside o Permits: Bureau of Land Mgt. o Productfon Days o Economic Impact** o FILMING ACTIVITY: o Features o Television o Commercials o Stills o Music Videos o Student Films o Documentary/Indus. Videos o Total Filming Activity** 8. Tourism Council o Industry Outreach o Marketing Activity o Tradeshows o Promotional Materials o Mailings o Ads o Leads 8/7 67/37 $15,263,100 $22,447.861 155 1,159 793.75 4,259.25 9 59 335 3,235 117 811 1 $111,100 7 $3,026,961 10 1083 1,071 11/8 53/38 23 65 119 1,170 $3,914,500 $24,212,020 5 20 4 23 17 103 29 129 3 15 1 12 8 32 67 789 1 2 1 2 2 o Tourism Events Comments $129,958 awarded to 9 Schools Training Seminar; Project **Preliminary Numbers Preliminary Numbere 5 L.A. Times Travel Show 2 CA Travel Plan Guide 4 Bus Press; CA Travel Plan 640 Visitor Guide; Travel Planning Guide 6 Fabulous Fairs & Festivals; Trout Tournament Page 2 of 2 Attendees: Staff: INLAND EI IPIRE ECONOi IIC PARTNERSHIP BOARD OF DIRECTORS Thursday, April 13, 2000 Minutes of Meetinq Scott Atherton, Augustus Cheatham, Dave Cornwall, Arnold Dickson, Barry Dorfman, Jim Gourley, Linda Guillis, Brad Hudson, John Husing, AI Karnig, Roger Kranz, Bonnie O'Connor, Tom Potter, Jim O'Grady, Mark Ostoich, George Reyes, Bob Robie, AI Sabsevitz, John Tavaglione, Phil Thomison, Alan Wapner, Baxter Willjams, and Jack Wyatt Jon Dittmer, Alan Elgendy, Meredith Maloney, Jennifer Nutter, Teri Ooms, Margie Oswald, Paul Palsa, Mike Stull, Robert Usher, and Rhonda Whittaker The meeting was called to order by Chair, Bob Robie at 7:35 a.m.' Robie welcomed the committee and self- introductions were made. A motion to approve and accept the minutes from February 10, 2000 was made and unanimously approved. I, Finance Report - Mark Ostoich Ostoich provided a one-page finance report. He said the profit and loss statement has no revenue shown because the revenue was booked in a prior report. The summary cash flow project, core IEEP began with $98,000 cash. He said membership renewal is cyclical and should increase between now and July, 2000. Ostoich said the IEEP accounts/receivable is very conservative, $154,000 ties into the balance sheet. A motion to approve the finance package was unanimously approved, II. Staff Report -Teri Ooms The March 2000 Monthly Activity Report was distributed and highlighted as follows: The IEEP has five new members. The tEEP is heavy into trade shows the first six months of this year. There have been twenty-three site searches with two successes. Our focus is on high-tech industries, specifically biotech companies. On 412612000, there will be a "Sustainable Smad Growth Plan lecture at University of Redlands. Ooms thanked Scott Atherton for the use of a California Speedway box for the IEEP to entertain clients, brokers, etc. Education/Workforce Development issues - eleven schools from K through 12 have received funds. One problem is getting qualified electrical heavy manufacturer employees. There is a program in the fall for re-training of entry-level people by a consultant hired by the local community colleges. California Steel will have training on site. San Bernardino county JESD is putting in money too. Husing asked where the funding comes from? Per Ooms, through the counties. Husing said, "This is a fabulous program and the IEEP is to be commended." Ooms said that the IEEP is the facilitator, pulling padies together and marketing the program to heavy manufacturers. The SBDC has seen 811 clients in the first quatier of 2000 with $6.1 million impact. International Trade's funding ceased on 2~28~2000. Film Commission numbers are in par with last years. They have had 1000 requests for locations and 181 film shoots. They are doing permits for both Riverside and San Bernardino counties and for the Bureau of Land Management (BLM). Tourism is still working on the Regional Visitor's Guide and expects 80,000 copies to be printed, which will be distributed via direct mail campaigns, state fairs, etc. Tom Potter said there has been interest from several cities, especially from the High Desert. He advised that we are conducting a "Fabulous Fairs & Festivals" conference/tradeshow at the Radisson on May 3, 2000, which will highlight all of the fairs, festivals and film festivals and will be open to the public in the afternoon. Third Annual Golf Tournament at Sierra Lakes on May 8, 2000. The presenting sponsor is Talbot Insurance and Financial services, Inc. Ooms introduced Dianna Skeens, Vice President, Membership Development. The IEEP has a marketing plan for member attraction/retention. Skeens reported that we have identified our target markets and should see a minimum net gain of $110,000. We are asking board members to provide three leads per year for Skeens to do follow-up on. She said the Board member can meet with Skeens and the prospective client or she will meet with the prospective client by herself. Skeens discussed a new portfolio packet put together by Meredith Maloney. Robie said all of the Board members would make themselves available to help increase solicitations of new IEEP members. Ooms thanked all the members for 95% retention rate, which is due to everyone in this room. Robie advised that there would be a monthly Marketing Committee meeting and that we're spending our time to demonstrate where the value is in being a member of the IEEP. Skeens said, "We are improving our look." The question was asked who the five new members are? Per Skeens, they are as follows: 1. Brickley Environmental 2. California Capital 3. Citrus Medical Group 4. Diversified Pacific 5. Native Building Corp III. Action Items o Dickson discussed SB 1582 by Senator O'Connell, which is a companion bill to AB 200,1 Lockheed's Space Port bill by Assemblyman Longville. He said this is an excellent bill and will provide incentives to the State. There are four sites being considered in California, one of which is Harper's Dry Lake Bed. Sites in Florida and Texas are also being considered as well. Our members have written letters of support and the IEEP has a draft letter and roster of whom it should go to. If anyone wants this information, call the IEEP. Dickson said this would bring high-tech, high paying jobs to our area if we were chosen. A motion was made to support and unanimously approved. Ooms announced that Dave Bernal resigned from Pacific Bell and is working for a company in Corona. Bernal has requested that his replacement, which has not been named yet, take his position on the Board. A motion was made to support and unanimously approved. Wyatt suggested that Skeens call Bernal at his new company to become a member. IV. Committee Reports Government Affairs - Arnold Dickson Dickson discussed the trip to Sacramento that he, Robie, Ooms and Eric Haley made on April 4 & 5, 2000. They met with a number of legislators and provided them with information about the IEEP. He said follow-up letters are being sent to all of the legislators, including the two they did not see, Rod Pacheco and Nell Soto, plus letters to the Governor and Secretary Hatamiya supporting AB 2001. Dickson advised that the next Government Affairs Committee meeting is Friday, April 28, 2000 at 7:30 a.m. at the Gas Co. Community Partners - Teri Ooms o Ooms gave the report, since Linda Daniels is on vacation. o The marketing plan has been approved for the second year in a row. They have discussed raising the cost to net approximately $14,000 to. cover losses. The IEEP has received many responses with seven new cities considering joining the IEEP. o The CD-ROM/Fact Book is ready and will be distributed to 6,000, plus will be distributed at tradeshows, etc. o Guillis reported that the Community Partners are meeting to discuss high-tech attraction. Economic Development - Jack Wyatt o o Survey results are being looked at. He mentioned follow-up on the NAFTA Conference, which received a lot of support. Wyatt is working with our membership investigating, if we should or if we want to pursue, another insert in Forbes Magazine. Ooms said we have to commit to Forbes within thirty days if we are going to do another insert in 2001. This piece will be designed to create an awareness of the Inland Empire. 2 Hudson said, "If any of you are looking for leads from that, you are missing the point." "The piece is designed to create awareness and enhance image." EducationNVorkforce Development - George Reyes o Reyes said that the training program at California Steel is important, plus they are joining the IEEP as a new member. ' o Working to enhance participation by Riverside County. SBDC - Mike Stuff o Two airdates am being set up for a documentary with client testimonials, which will feature the SBDC. o The Diamond Venture forum is October 19, 2000 at the Mission Inn, plus there will be three mini forum luncheons, which will have a game show theme on the following dates: May 10, 2000 in Palm Springs, June 14, 2000 in Temecula, and July 13, 2000 in Ontario. Flyers will be sent to the Board. o Empowerment Zone expansion is in the final stages of determining staff and physical presence in office space. o Working on a partnership with Cal State S~n B_ern_ardino and Arrowhead Credit Unior% leo open a resource center on Hospitality Lane. o Working to establish a more formal partnership with the City of Victorvifie V. Other Business Ooms reported that the Unisphere program from Washington, D.C. has a DOD contract. Congressman Lewis has worked with them to become our high-tech strategy. The program was scheduled to start October, 1999, but they had difficulty in finding someone. However they have found someone now and she will keep everyone apprised. Gourley said this program has tremendous potential, but is disappointed that it is going so slow. o Potter invited everyone to attend the "Fabulous Fairs & Festivals" conference on May 3, 2000 at the Radisson Hotel, Hudson discussed the dedication of a one-stop manufacturing training center in Hemet, which is integrated with the Workforce Development Center with twelve partners. Services to be provided will also include seniors. o Hudsor~ discussed a grand opening of a forty-acre recreation center on May 13, 2000, which will be a huge tourism attraction. NBC will be covering this event. o Kranz reported that the Economic Briefing conference will be shown on cable. · Kranz announced that the Buy. Com Tournament, October 9 through Ociober 15, 2000, would have televised coverage. The meeting adjourned at 8:44 a.m. The next meeting is scheduled for Thursday, June 8, 2000 at 7:30 a.m. at the University of Phoenix, Room 206, 301 E. Vanderbilt Way, San Bernardino, CA. REAL ESTATE SUCCESSES INLAND EMPIRE ECONOMIC PARTNERSHI/~ '[...--. Bradshaw International Inc., a disiributor of kitchenware goods, recently expanded its Inland Empire operaUon$, si~ning a lease for 72,500 square feet of industrial space at 3625 Jumps Ave., Ontario. The company, which hired 1.0 to 15_new employees with the expansion, occupied t~e building in Janua~. S~R OsUund, with kee & Associates, repre~nted the both the lessee and the lessor, Dal ~le, in the ~-year, $252,000 lease transactioq. .".-.~ Mazda Motor Corp. is finalizing plans to move its parts d istribution center from Orange GounW to Ontario by June to' av0M. high/ease rates, reposed the San Bema~i~o Gnusty Sun. The automaker is expe~ed to relocate its southwest distribution center into a 2~1,000-square-foot building on the northeast corner of Jurupa Street and Milliken Avenue. The move will save the company about $1.7 million of the life of a ~ O-year lease. About 30 people will wo~ at the facifi~;.which ' -: ' Air Concept Industri;s, 'a ma~e~ 0f paintball guns and motorcross bike equipment,' recently expanded within t~ I'nlan'd Empire, moving from 24,000 square feet into ~8,000 square feet at ~1 Auto Center Drive in Ontario. John Mulrooaey~ with kee &'Associate, represented the buyer in the $2.38 million transaction. ' .'~ Salvesan Inc., a furniture distributor, expanded within the area, moving from 10,000 s~uare feet into 42,000 Square feet. at 1390 ~ppecanoe Ave. in San Bernardinn. The company signed a 2.5-year sublease for $253,700. Mike Wolfe and Herrick Johnson, brokers with Lee a Associates, represented both the lessor and lessee.in the transa~ion.- · ': $LR Distribution, a warehouser, recentl?.signed a t~re~year lease for a 23~300 ~qdare-f0ot buildin~ at 2050 Carlos' Avenue, Ontavio. The company, which is new to the area and moved ~nto the facility in December, was represented by Keyin Frejlach, broker with ~rubb &Ellis. ' - · ' - ~: ~ :" California Custom USA Motore, an impo.er/exponer of specialized auto pa~s and 6natore vehicles, openpal a new facility in Ghino recently. The company bought 3t800 square feet of industrial spa~ at !~97 Dupont where about 50 ' people are employed. John, Paul and Dons Earnhart, brokers with kee & Associates, represehted the ~elle~,-~urher ' .' Illinois-basadAmadcan antel Ragislet, a one-stop supplier to the hotel indust~, has opened a new distributioncenter. in Fontann. The ~mpany, which will employ about 35 people aaer tenant improvements are competedin t~ecoming; ' . weeks, signed a lease for ~55,000 s~uare f~t of industrial spa~ at 117M GabereCt brae. The deal is eSamat~-to be · wo~h $6 million, reported ~he.eress-Entemrise. ' .:~. ]; ~-T~X Trailam, a manufacturing company in Fontann, plaqs to open a. new facility near Perris that will tripta it~ WOrk force and boost production. Construction is almost completed on an 8.5-acre site at 25351 Trumble Road,"aC~raing to r~e Press E. te~r~se. The-size of the building was not ~eponed. Hiring.of about 200 laborers and welders should begin. this month. ~-TEX builds trailera, such as ~r hau/em and equipment trailers. · .~ ' -': · ' CALEI DAR'ITE S To register online for SBDC events: Ivtay 17 & 18: A two-part workshop entitled "The Internet, Your New Business Partner'' will take place from 9 a.m. to 12 noon at the Murrieta Chamber of Commerce/City Hall, 26442 Beckman Court in Muraleta. Included will be website design and construction, search engine registration, low cost digital marketing techniques, E-commerce, and E mail marketing. Cost is $30. For information call (909) 781-2345. - iVlay 20: The inland Empire Trout Tournament will take place from 7 a.m. to 4 p.m. at Lake Silverwood State Recreation Area in Crestline. Registration is from 6:30 a.m. to 10:30, and entry fee is $5. Prizes and raffles are included. For information contact the Inland Empire Tourism Council (IETC) at (909) 890-1090 ext. 237. B/lay 23: A wellness workshop for employers entitled "Don't Get Burned," will be held from 9 a.m. to 12 .noon at the Inland Empire Small Business Development Center (SBDC), 1157 Spruce Street in Riverside. Learn how to develop a Workplace Safety Program and an Injury and Illness Prevention Plan that will decrease injuries and illness at the workplace. Cost is $20. For more information, call (909) 781-2345. iVtay 24: Mark your calendars! The May Membership Luncheon will take place at 11:30 a.m. in the Casa Loma Room at University of Redlands. Norm King from SANBAG will be speaking on regional transportation issues. For. !nformation call (909) 890-1090, ext. 236. - iVlay 25: A workshop entitled "Doing Business With the Government" will take place from 9 a.m. to 12 noon at the Indio Chamber of Commerce, 82503 Highway 111 in Indio. Cost is $20 per person. This workshop will provide you with an- overview of how to sell your products and services tothe Federal, State and Local government. For information call (760). 864-1311 ' ' ' June1, 8 & 15: A three-part seminar series entitled "Develop Your Plan for Success" will be held from 6 p.m. tO 9 p.m. at the Inland Empire SBDC,1157 Spruce St., Riverside. This course provides a solid basis for creating your business plan; including product development, marketing and financial statements. Cost is $35 for the Series. For more informa(ion, call ' (909) 781-2345. . June 6: Aworkshop on "SBA Loans and How to Get One" will be held from 9 a.m. to noon at the Inland Empire SBDC, 1157 Spruce St., Riverside. Cost is $20. For more information, call (909) 781-2345. .. June 14: A Diamond Venture "Mini-Forum" luncheon, featuring presentations by representatives of three high-tech and emerging companies, will take place from 11:30 a.m. to 1:30 p.m. at Temecula Creek Inn in Temecula. Registration fee is $40 per person, and investors and entrepreneurs are welcome. For information call Mike Stull, IESBDC executive director at (909) 781-2345. ' June 28: Mark your calendars for the June Membership Luncheon at the Kellogg House at Cal Poly, beginning at 11:30 a.m. For reservations call (909) 890-1090 ext. 236. WELCOME I EW PARTI ERS' IEEP would like to welcome the newest re'embers to the Partnership:' · ' ' "..'. [] J.R. FREEt~/IAN CO., an office equipment and supply company and authorized dealer for XEROX products and Nextel phones, in San Bernardino and Rancho Cucamonga. The president, Jack Freeman, can be reached at (9_09) 387-1108. [] TROY CLARKE NIEDIA, a design, production and post-prodUction company for first rate Work in teievision, video, ;film, internet and interactive media, in Redlands. The president, Troy Clarke, can be reached at (888) 605-3622. ... i ;A'TI01MAL TOURIS WEEK ' - . '.:,: ._- "'- The Inland Empire .Toudsm Council held its National 'Tou~'ism Week event, "The FabuloUs Fairs & Festival's of the Inland Empire" May 3 at the Radisson Hotel in San Bernardino. Over 20 displays were featur.ed of area events suph' as the Riverside County Fair & National Date Festival, the Temecula Balloon & Wine Festival, the Huck Finn Jubilee in Victorvilla, the Grubstake Days in Yucca Valley, the Renaissance Pleasure Faire, and Film Festivals from both counties. Mr. Tom Lease, National Program Manager from the California Division of Tourism, was the keynote speaker. Tom Potter, IETC chairman, read proclamations presented by both Riverside and San Bernardino Counties regardiT~g awareness of't0urism's econdmic impact to the Inland Empire, which is estimated a~ $6 billion per year. ACTIVITY REPORT ....... APRIL 2000 Cure. Comments Total Adve~ising. Piacements 4 10 Leads 7 30 -, ,,-~ ,: ::. ~..'. :. <" ~:- ;, A~ractions 2 · Co~orate Tours I" 5 Indust~ Outreach 3 10 ' · ' ~ ~',-' ' Total Film ActiviW 86 267 (preliminaW) ' - ,, : .-:,-,' Request for Lo~tions 233 888 :,- :'; , Pe~its. lssued San Bernardino CounW/Riverside CounW 17t4 4~30 '" ' "' ~,:~::~:":::~ ....: ,.,: :, .. .. , ,,,,,.,,..,,:,..- .. ': ',, ' "' "" ,,~ , .._. -, Jobs Created/Retained 6/0 59~30 Economic Impact $1,190,000 $7,184,761 ClientActivity/Hours 193/865 1,004/3;465 Training Events 18 50 · Training Hours 786 2,400 Training Event Attendees ' 266 694 International Trade (Export Adions/$ Value) 115450,000 6/52,915,861 POLICY COUNCIL E BER PROFILE Arnold Dickson, Regional Public Affairs Manager for the Southern California Gas' Company, has been actively inVOlved with the objectives of IEEP for the past six years· He is the current IEEP First Vice Chairman and Serves as areember of ' the Policy, Executive, Marketing and Finance Committees. He is also Chairman of IEEP's Governmental. Affairs Committee. He and his Gas Company management team are responsible for governmental, community and media relations in the 81 cities and four counties that make up his company's Inland Empire Region. His service territory spans 15,000 square miles, starting in the west at Pasadena, eastedy to Blythe and southerly to the Mexican border. He also serves at the state level as his company's lead with state economic development agencies, including his membership in the state Trade & Commerce Agency and the California Association of Local Economic Developers (CALED). . ' ' ''The Gas Company supports the region's ecOnomic development and IEEP serves as a catalyst in this r~Jard, bringing'- together the cities, businesses, colleges, and governmental entities as one region," says Dickson. "They (IEEP)do an excellent job in maFketing the region and in attracting the kinds of businesses that will enhance our standard of living ." Mr. Dickson began his career with the Southern California Gas Company in 1970 following a tour of duty in the-U.S. Air Force. He works out of the company's Redlands headquaders, and has held numerous management positions in the company's The final event of the 2nd annual Inland Empire Trout Tournament series will be held on Saturday, May 20, from 7 a:m. tb · 4 p.m. at Lake Silverwood State Recreation Area; Registration will take place from 6:30 to 10:30 a.m., and entry,fee is $5... Prizes will be awarded for largest trout, total weight of stringer, and points leader. Additional prizes will be raffled at the ,. end of the day. For info call the Inland Empire Tourism Council (IETC) at (909) 890-1090, ext. 237. The Trout Tournament has attracted several hundred anglers at previous events this year at Chino's prado Dam in March and at Lake Gregory County Regional Park in Crestline last month, where Philip Allard of Long Beach won the side jackpot of $109 for a 628 DIAltOND VENTURE EVENTS · "! The Diamond Venture Forum, an annual venture capital program, is presenting upcoming luncheon events in. Temecula (June 14) and Ontario (July 13). The luncheons feature a panel of investors (venture capitalists, or angels) that listen to business and investment plans of three high tech and emerging companies. Using the themes of "The Gong Show" and "Who Wants to Fund a Millionaire?", the events are intended to expose promising local and regional entrepreneurs to investors, and to stimulate venture capital in the Inland Empire. Registration fee is $40 per person. The culmination Of these events, -- the fifth annual Diamond Venture Forum, is set fo~ ThurSday, Oct. 19 at the Mission I~n in Riverside· May 31 is the deadline for submission of the application and executive summary for those wishing to be considered as forum presenters. Business owners, entrepreneurs and minority: business owners are encouraged to participate. The Diamond Venture Forum is presented by the Inland Empire Ec(~omic Partnership (IEEP) and Inland Empire Small Business Development Center (IESBDC). For information call Mike Stdll; IESBDC executive director, at (909) 781-2345· · . CALIFORNIA SPEEDWAY Thanks to member Scott Atherton, president and general manager of California Speedway, for donating a Pit Row terrace Suite to IEEP for the NASCAR races April 29 & 30. The suite proved .to be a successful tool for membership development efforts. Clients that have recently relocated or expanded to the inland Empire, but have not yet joined our partnership were invited to examine benefits of membership while enjoying a great view of the ra~ from just above pit rowl AlSo invited were inland Empire executives who have recently expressed interest in members~p and IEEP Board'membem-'v,/no have the highest number of membership referrals. The roaring success of the event was reflected on the face of every attendee and should show in the number of new members next month! . Please send materials for consideration to Paul J. Palsa, IEEP Marketing Director. Submissions can be sent by:e-mail tO ppalsa@ieep.com, or by fax to (909) 890-1088. All materials should be received by the last Friday of each month:. ' ': ":-: INLAND EMPIRE ECONOMIC PARTNERSHIP 30~ East Vanderbilt-Way, Suit~ ~00 San Bemardino, CA 9a408 (90S) 890-1 090 Fax (900) 890-1088 tooms@ieep.¢om - www.ieep.com Gloria Wolnick City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 //-':.--,, 130 South Ma~ Street Lake ELsinc{e, CA92530 :90e) b'74-3124 Fax 1909) 67~Z392 atyofTelteo~a ~0 Business Park Ol. Temecub, CA 92590 (909~ 694-64~ Fax:e(ge)4-5499 TO: FROIVl: DATE: SUBJECT: Madene Best Assistant City Manager City of Lake Elsinore Stevie Hirdler Marketing Coordinator June 7, 2000 SOUTHWEST RIVERSIDE COUNTY MONTHLY MARKETING UPDATE Jim O'Grady Assistant City Manager City of Temecula Lod Moss Assistant City Manager City of Mumeta Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest Riverside County Marketing for Business Attraction Agreement. Marketina Plan: The Alliance is expected to have an approximate $20,000 rollover to the next contract term. I am currently working on the new budget for July 1,2000 - June 30, 2001. This budget will identify the projected cost as well as specific marketing strategies recommended for the above time pedod. Identity Packaae: The td-fold brochure is currently at the pdnter and I expect delivery in approximately 5-7 days. The presentation folder has been approved and the expected completion date is July 1. Final draft of the inserts have been provided to partners with final comments and/or recommended changes due on Wednesday June 14, 2000. I meet with Cuffing Edge Marketing on Wednesday to review layout and design for the inserts. Once approved, we can expect to have them in approximately five (5) days. Web-site: The new web-site address for the Alliance is www.swrco.com. We currently have one temporary page up on this site, I have the text for all five pages and I am in the process of making the final corrections, Expected completion date is June 16, 2000. Advertisinq: Our % page ad is on page 65 in May's issue of Expansion Management magazine. The SWRC Economic Alliance has a brief mention in the Quality of Life as a site selection consideration on page 28. In two weeks, this ad has generated eight (8) prospects. We have also placed an ad in Business Development Outlook magazine. They have a special California issue with articles on Biotech industries, Workforce, Quality of Life, Incentives and Location. The Economic Alliance will also receive two stories in up coming issues. Both of these magazines are circulated nationwide and will be distributed nationally at various trade shows. Each partner has received copies of the above- mentioned magazines, however, additii~nal copies can be provided if needed. Radio: Our radio advertisements started on May 8, 2000 on KOGO 600 am in San Diego. This is a talk radio station, which features such personalities as Dr. Laura Schlessinger and Rush Limbaugh and is home to the Padres. The Alliance advertisements are aidng in pdme locations, dudng peak ddve time hours, including 14 Padres games. These ads air seven (7) times per day, four (4) days per week, for a total of 126 spots. KOGO is the top rated station in the San Diego area. These ads have currently generated eleven (11) responses. Four of these leads were interested in Southwest Riverside County for relocating their business. Reponses include positive feedback from Supervisor Venables' Legislative Assistant, Rick Hoffman, who heard the ad and stated that he was pleased this region was marketing itself aggressively. Television: Altek media has produced three (3): 30-second television commercials. The footage for these commercials was taken from footage shot for the IEEP CD-ROM. I have made changes to the first copies and will show the recommended final commercials to the partners at our next meeting in June. These commercials will air in the San Diego, Orange and Los Angeles Counties. My recommendation is to advertise on CNN, CNBC, MSNBC and the Discoven/ Channel. Airport Advertisin.cl: At this time, I have decided to postpone airport advertising. After touring San Diego airport, the highly visible locations I selected were already locked into contract with other advertisers. I am waiting for a prime location to come available before proceeding. On an ongoing basis I attend the following meetings: Manufacturer's Council Temecula Connect Business Relations Committee EDC If you need any additional information or have any questions, please do not hesitate to c~lnfact me at (909) 600-6066. Sincerely, Stevie Hirdler Marketing Coordinator Copy: Brad Hudson Robin Zimpfer Sarah Mundy Robert Moran June 12,2000 Jim O' Grady Assistant City Manager City of Temeeula PO Box 9033 Temecula, CA 92589 RE: Activity Summary - May 2000 Activities of the EDC during the month of May are as follows: Business Develooment o Staff participated in a site tour of Temecula with Aaron Adams, City of Temecula and Stevie Hirdler, SWRC Economic AlUance. The tour was requested by an Orange County broker whose client was a major retailer (undisclosed due to broker's confidenfiality policy). o Staff responded to two eranil inquiries submitted by visitors of the EDC web site. Both inquiries were requests to assist in business networking. Marketing Gutreach Staff attended the following meetings/events: May 10, 2000 - SW Riverside County Manufacturers' Council Meeting. Staff attended the monthly meeting at the Temecula Workforce Development Center. Topics included a presentation from JC Resort, owners of Temecula Creek Inn and lending for business by Gary Youroans, senior vice president of Failbrook National Bank. May 12, 2000 - Meeting with TIMOTCA principals and Supervisor Jim Venable - Staff attended a meeting at Supervisor Venable's office in Hemet at the request of Ed Solomon and Maryann Del Pizzo. The purpose of the meeting was to request support of a proposed Cultural Arts Center project from Riverside County. The proposed project will be presented to Riverside County EDA principals and county supervisors. May lg, 2000 - Lake Hglsinore Valley Chamber of Commerce/EDC Luncheon held at the Metropolitan Water District in Lake Elsinore. John Rossi provided a slide presentation that included an expanded overview of MWD's service area and future projects and developments. Business Relations o May 4, 2000 - Staff attended the EDC Business Relations Committee Meeting. (See attached meeting minutes. ) Jim O' Grady City of Temecula Activity Summary - April 2000 Page 2 of 2 Administration/Organization May 2, 2000 - Workforce Development Center All-Staff Meeting was held in the WDC, Temecula. Staff serves as a committee member for the Center's disaster preparedness. May 5, 2000 - Meeting with Riverside County EDA in Riverside. The meeting provided fiscal year close-out instructions to those agencies receiving funds through the County's Rapid Response Program. May 4, 2000 - Southwest Riverside County ~conomic Alliance Meeting was held in the Workforce Development Center, Temecula. Partners reviewed and discussed the Alliance's marketing project and collateral material. May 8, 2000 - Business Resource Guide Meeting held at The Press Enterprise offices in Temecula. Final instruction and timelines were discussed to complete the project. May lg, 2000 - EDC Board of Directors Meeting held in the Workforce Development Center in Temecula. (See attached draf~ meeting minutes.) May 25, 2000 - ]EDC Web Site Meeting was held in the EDC office with Lon Brusegard and Debi Spitzfaden to discuss EDC web site enhancements. May 25, 2000 - Workforce Development Center Partner Meeting was held in the WDC, Temecula. Partners discussed fae'dity maintenance and security issues, project coordination of special events, and activities of common interest. May 30, 2000 - Workforce Devdopment Center All-Staff Meeting was held was held in the WDC, Temecula. Riverside County EDA Kiosk Liaison Kelly Kostiuk provided a hands- on workshop of the Kiosk Network services to WDC partners. The kiosk provides information such as job seeker services, employer services, local business, education, government and community resourcesl This concludes the activity summary for May 2000. Should you have questions or need further detail, please call me at (909) 600-6064. Sincerely, Diane Sessions Economic Development Corporation of Southwest Riverside County APPROVAL CITYATTORNEY DIRECTOR OFFINANity) CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Gary Thornhill, Deputy City ManagerC:)'{j~~' June 27, 2000 Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department in the month of May, 2000. CURRENT PLANNING ACTIVITIES New Cases The Division received 37 new applications for administrative, other minor cases and home occupations and 4 new applications for public hearings during the month of May. The new public hearing cases are as follows: Development Plan 2 Parcel Map 1 Massage Establishment 1 Pre-applications -A- Norm Reeves Dodge submitted an application for an expansion for a Honda facility. Status of Major Proiects Staff is working with project applicants to address any remaining issues and get the following cases ready for public hearing before the Community Development Director or Planning Commission: The Village of Temecula Apartments - The design and construction of 160-unit, 2-story apartment complex w/clubhouse and pool, on the south side of Rancho California Road, between Cosmic Ddve and south extension of Moraga, east of the proposed Temecula Ridge Apartments. DRC meeting held on May 25, 2000, awaiting resubmittal and additional information. Temecula Village Planned Development Overlay -Request to establish a mixed use zoning district consisting of 20 acres of residential and 12.6 acres of commercial; the current zoning district is Professional Office (PO). Scheduled for Planning Commission on June 21, 2000. ~TEMEC_FS101WOLI'~Depts~LANNINGWIONTHLY.RPT~2000~MAY 2000.dec 1 Harveston (Formally known as Sweetwater - Lennar Communities) Specific Plan, General Plan Amendment and Development Agreement- located northerly of Santa Gertrudis Creek and west of Chapparal High School. Project is currently under review. Rancho Community Church expansion on Vallejo Avenue. The project is on hold, as the applicant is still looking at other options for their development. The applicant met with staff in January to discuss potential options. Tentative Parcel Map 28627, the Margarita Canyon Property. The Planning Commission approved the project at its March 15, 2000 meeting. The appeal of this project by the applicant and the neighboring property owners to the south was denied by the City Council May 9, 2000. The project was approved with minor a modification to Condition of Approval 28 which was agreed upon by the applicant. Wolf Valley Specific Plan, Environmental Impact Report, General Plan Amendment, and Tentative Tract Map - A Development Agreement application has been filed for this project. Staff is reviewing a revised Development Agreement submittal, EIR response to comments, and a Iotting study for the north half of the project site. Tentative Planning Commission date is pending in Spdng, 2000. Tentative Map 29305 - To create legal parcels for each Planning Area, Pala Drainage Channel and the linear park within the Wolf Creek Specific Plan. On June 13, 2000, Council discussed alternative locations for the high school. Roripaugh Ranch Specific Plan and Environmental Impact Report: Staff is awaiting the results of an independent feasibility study analyzing the viability of the formation of an assessment district for the construction of off-site infrastructure. Meadowview Golf Course -On June 7, 2000, the Planning Commission continued the case off calendar at the request of the applicant, in order to address correspondence received on June 7, 2000, regarding biological concerns. The Planning Commission took testimony from 24 speakers. Temecula Ridge Apartments - The design and construction of 246 apartment units on 22.21 acres on the south side of Rancho California Road, east of Moraga Road. Planning Commission continued the case to July 5 at the request of the Council subcommittee on the General Plan, Temecula Gas Station and Car Wash - To construct and operate a self-serve gas station and drive-thru car wash facility located on the southwest corner of the intersection of the proposed Western Bypass and Front Street, Project is on hold pending outcome of Margarita Canyon Map. Awaiting City Council appeal outcome, and awaiting applicant's resubmittal. Quaid Harley Davidson - The design, construction and operation of a 17,371 square foot Harley Davidson motorcycle dealership with sales and repairs located on the north side of Front Street, approximately 1,800 feet west of the Interstate 15 Freeway on-ramp. Staff is in the process of reviewing the re-submittal. Awaiting submittal of headng exhibits. Chdst the Vine Church - To design, construct and operate a 6,258 square foot church, 643 square foot two car garage, 7,499 square foot day school and 5,626 square foot fellowship hall on 2.62 net acres located on North General Kearny Road and Margarita Road. Applicant has resubmitted hearing exhibits. Scheduled for Planning Commission on June 6, 2000. \\TEMEC_FS101 \VOL1 ~)eptS\PLANNINGWIONTHLY.RPT~000~\4AY 2000.doc 2 Provident Savings Bank - To construct and operate a 3,000 square foot Provident Savings Bank with drive-thru services in the Winchester Meadows Shopping Center located on the northeast corner of Winchester Road and Margarita Road. DRC meeting was held on October 21, 1999. Re-submittal received on March 24, 2000. Childtime Children's Center - To develop a .978 acre of vacant land within the C-A zone with a 8,000 square foot building to be utilized as a child care center located at the nodheast corner of the intersection of Margarita Road and Verdes Lane. Approved at Director's Hearing on February 3, 2000. It has been brought to staff's attention that applicant didn't notice adjacent property owner. Conditions of Approval have been revised to address Home Owner's Association concerns and conflicts have been resolved. Hilton Garden Hotel- To construct a 100-room hotel on 1.38 acres located on the westedy side of Rancho Highland Drive, westerly of Ynez Road. The accompanying General Plan Amendment is on hold with the Planning Commission. Resubmitted on May 11, 2000. Temecula Creek Inn - A request to expand by adding two new buildings to expand the hotel's room capacity and conference room facilities located at 44501 Rainbow Canyon Road. DRC meeting was held on December 9, 1999. Staff received re-submittal on February 14, 2000. Scheduled for Planning Commission June 7, 2000. Lundstrom and Associates - To develop a 4.72-acre site with three speculative industrial buildings totaling 57,103 square feet located on Business Park Drive and Rancho Way. DRC meeting was held on December 30, 1999. Applicant has resubmitted hearing exhibits. Appreved at the May 3, 2000 Planning Commission. Avoca Enterprises - To construct a 25,201 square foot commercial building on 1.22 acres of vacant land within the Light Industrial Zone located at 42506 Avenida Alvarado. DRC meeting was held on January 20, 2000. Applicant re-submitted; staff is reviewing and awaiting Conditions of Approval. Continued by Planning Commission to July 5, 2000. Overland Self Storage - Conditional Use Permit and Development Plan for the design, construction and operation of a 43,174 square foot mini-self storage facility with office, resident manager's quarters and RV storage spaces located approximately 155 feet north of the intersection of Commerce Center Drive and Ovedand Ddve. DRC meeting was held on January 27, 2000. Staff is awaiting re-submittal. Palomar Hotel - Remodel of the existing Palomar Hotel to the Palomar Inn (a bed and breakfast) located on the northeast corner of Front and Fifth Streets. DRC meeting was held on January 27, 2000. Staff is awaiting re-submittal. Ridge Park Office Center -the design, construction and operation of a 56,000 square foot office complex consisting of 10 buildings on 4 acres along the north side of Ridge Park Ddve, between Rancho California Road and Vincent Moraga. Project tentatively scheduled for Planning Commission June 21, 2000 with recommendation for approval. Encinitas Corporate Center - To develop a 1.9-acre site in the Light Industrial Zone with a two story, 32,500 square foot, tilt-up concrete speculative industrial building located at 42545 Rio Nedo. DRC meeting was held on February 24, 2000. Re-submittal received on March 23, 2000. Scheduled for Planning Commission on June 7, 2000. \\TEMEC_FSIOI\VOLI'~Depts~PLANNINGVvlONTHLY.RPT~2OOO'd~IAY 2000.doc 3 Tentative Tract Map No. 24136 Amendment No. 3 for single family residential units in Paloma del Sol with a total of 335 lots on 100.8 acres. Scheduled for Planning Commission on July 5, 2000, with recommendation for approval. Odginal Roadhouse Grill - To build a 7,120 square foot restaurant locate at the mall along Ynez Road. To be scheduled for Planning Commission in June. Southern Califomia Storage - To build a 65,000 square foot selFstorage facility intending to serve the commercial and industrial businesses. Located on Winchester Road west of Diaz Road. Resubmitted plans for review on May 31, 2000. Massaqe Establishment Permits Staff is still working with the Police Depadment to finalize the procedures for Massage Establishment Permits. Tiffanies Way located at 27625 Jefferson Road is requesting the approval of a permit transfer. Staff has received the clearance from the Police Department and is waiting for photographs from the applicant. Stressed-Out Management located at 41790 Winchester Road is requesting approval of a permit transfer. Staff has received the requested information on the transfer of the business and is waiting for information from the Police Department. Temecula Day Spa proposed at 40420 Winchester Road. Staff has received some of the clearances from the Police Depadment and has approved an interim approval pending receipt of the remaining clearances. Executive Massage Consultant located at 41415 Enterprise Circle North has just submitted an application. Small Business Assistance Rhythm and Brews: Staff is working with the owner of this proposed brewpub in Old Town and helping him to resolve several issues with his building plan check. The owner is working with an architect who is developing new plans to implement this project. It is expected that this project will be permitted in June. Israel Gonzalez (Mexican Artifacts): Staff met with this applicant regarding his site plan, fencing, landscaping and potential sign. Aided him in filling out his development application, which he will submit in June. Rocky Mountain House Mall: Assisted this small business owner with information and applications for signs in the Old Town Specific Plan. Provided her with specific design possibilities. Morton's Restaurant: Staff met with representatives of this business and advised them regarding the possibility of developing a 5,000 square foot restaurant in Old Town. Provided them with all necessary applications and Old Town Specific Plan materials. Sent a follow- up letter to them indicating that the staff was available for any further questions they may need answered. \\TEMEC_FSI01\VOLI'OeptS\PLANNING',MONTHLy,RpT~000WIAy 2000,doc 4 On the Boarder: On behalf of the Temecula Valley Chamber of Commerce, aided this restaurant under construction in obtaining fire and building inspections in order to maintain progress. Country Porch Antiques: Staff worked with this Old Town merchant in approving signs for his new antique mall. Great Clips: Assisted this new business to obtain a final inspection in order to open up for a planned promotional. Temecula Beer & Wine Garden: Developed new conditions of approval in cooperation with owner in order to address noise problems affecting nearby residential propedies. Special Events Permits Frontier Days Carnival: Worked with the Temecula Town Association and aided them in obtaining approval for this event which took place over Memorial Day weekend. Frontier Days Rodeo: Processed application from the Temecula Town Association and transmitted copies to City depadments and the Riverside County Health Depadment for comments and conditions. Approved event Design House 2000 Sign Program: Processed off-site sign permits for this community event. Special Projects & Long Range Planning Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: Housing Element Update: The City has received a draft of the City's Regional Housing Need Assessment obligations and staff has provided corrections to the text. Staff is working to set up a joint Planning Commission meeting to discuss the draft assessment. Subsequent Environmental Impact Report for the City Redevelopment Plan: The consultant has gathered much of the information needed to begin preparation of the Draft EIR. The Circulation Element traffic study is currently being revised due to recent land use changes within the County which may affect the analysis of the SEIR therefore, pending the outcome of the revisions to the Circulation Element and additional staff, the Redevelopment Plan EIR is on hold. General Plan Circulation Element Update: Due to regional land-use changes and internal City needs. The Circulation Element update will be re-activated as part of, and integrated into, the comprehensive General Plan update. Traditional Neighborhood Development Ordinance: Final changes are being made prior to scheduling this item for a Planning Commission workshop in the spring of 2000. This item is on hold pending additional staff resources. Vail Ranch Annexation: Staff submitted the annexation application to LAFCO on May 8, 2000. LAFCO has indicated that the item could potentially be set for a public headng before the LAFCO Board at their August meeting. \\TEMEC_FSIOI\VOLI\Depts~LANNING~VlONTHLY.RPT~2OOOW1AY 2000.doc 5 Surface Mining Ordinance: The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. Geographic Information System (GIS): Recent mapping products include multi-family status map for Planning, Potential Bus Routes map for Councilmember Pratt, CIP Workshop map for Public Works, Old Town project site map for Economic Development and weed abatement maps for Code Enforcement. GIS data reports were produced for Code Enforcement (Weed Abatement) and Building and Safety (AD 159 streets). Staff has prepared other various data analyses and mapping requests. Staff continues to work with the County and Environmental Systems Research Institute to bring the MapObjects system online. Staff is working with Information Systems and the Fire Department on the upcoming pilot project to implement a routing and pre-plan system (MaxResponder). The new computer system for the GIS division has been installed and networked. GIS staff met with Rancho Water and discussed the coordination of data exchange. Antenna Ordinance: The ordinance has been approved by the City Council. Application Fee Study: Staff recently received a study from the consultant and has provided information to the consultant and Finance Department about which applications should not be charged the full-cost of processing. However, the latest draft has a number of errors that still need to be corrected. Hillside Development Policy: The policies are being examined for integration into the draft grading ordinance. This item is on hold pending additional staff resources. Multi-species Habitat Conservation Planning Efforts for Western Riverside County: Councilman Naggar and Planning Staff are attending committee meetings and monitoring the process of determining conservation reserve needs. Comments regarding these meetings are presented during Council Business on the last meeting of the month. Large Family Day Care Home Facility Ordinance: The Planning Commission considered this Ordinance amendment at their February 2, 2000 meeting. Based upon the Commission direction, staff will be making additional changes to the Ordinances in the next few months. This item is on hold pending additional staff resources. Citywide Sign Inventory: The process of inventorying signs is pending additional staff resources. County Project Reviews: Staff continues to allocate significant resources to review projects within the County and other local jurisdictions that could effect the City of Temecula. Information regarding these projects will be forwarded under separate cover labeled Projects of Concern. Helium Balloon Ordinance Amendment: As directed by the City Council, this item will be scheduled for the Planning Commission later this year, General Plan Annual Report: Staff is reviewing the implementation measures from the General Plan and preparing to meet with the other departments and the City Council Subcommittee. A draft of the Report will go the Planing Commission in July. Southside Specific Plan: This item is on hold pending additional staff resources. \\TEMEC_FS101\VOLI\Depts\PLANNINGWIONTHLY.RPT~2000WIAY 2000.doc 6 Other General Plan Amendments. Two Circulation Element Amendments have been proposed. A revised Circulation Element traffic analysis will be used to consider both requests. Both requests are currently under review by the Planning and Public Works Departments. A request to delete Via Rio Temecula west of Avenida de Missiones from the Circulation Map. This item will be presented to the Planning Commission next month. ~\TEMEC_FS101\VOLI~DeptS~PLANNING~vIONTHLy. RpT~000WIAy 2000,~oc 7